Pages 51321±51666 Vol. 60 10±2±95 No. 190 federal register October 2,1995 Monday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995
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Contents Federal Register Vol. 60, No. 190
Monday, October 2, 1995
Agriculture Department NOTICES See Animal and Plant Health Inspection Service Meetings: See Federal Crop Insurance Corporation External Regulation of DOE Nuclear Safety Advisory Committee, 51461 Animal and Plant Health Inspection Service PROPOSED RULES Hawaiian and territorial quarantine notices: Environmental Protection Agency Sharwil avocados from Hawaii, 51373–51375 RULES Air quality implementation plans; approval and Antitrust Division promulgation; various States; air quality planning NOTICES purposes; designation of areas: Competitive impact statements and proposed consent Louisiana, 51354–51360 judgments: Air quality implementation plans; approval and National Automobile Dealers Association, 51491–51499 promulgation; various States: Commerce Department New Jersey, 51351–51354 See International Trade Administration Air quality planning purposes; designation of areas: See National Oceanic and Atmospheric Administration Michigan; correction, 51360 NOTICES PROPOSED RULES Agency information collection activities under OMB Air programs: review, 51454 Motor vehicle inspection/maintenance (I/M) program requirements; on-board diagnostic checks, 51378 Committee for the Implementation of Textile Agreements Stratospheric ozone protection— NOTICES Significant new alternatives policy program, 51383– Cotton, wool, and man-made textiles: 51390 Philippines, 51458 Air quality implementation plans; approval and Taiwan, 51458–51459 promulgation; various States; air quality planning Thailand, 51459 purposes; designation of areas: Commodity Futures Trading Commission Louisiana, 51382–51383 RULES Air quality implementation plans; approval and Contract market transactions; exemptions, 51323–51346 promulgation; various States: New Jersey, 51378–51382 Education Department Superfund program: NOTICES National oil and hazardous substances contingency Agency information collection activities under OMB plan— review: National priorities list update, 51390–51398 Proposed agency information collection activities; NOTICES comment request, 51459–51460 Agency information collection activities under OMB Intercollegiate athletics policy guidance clarification; review, 51471 document availability, 51460–51461 Proposed agency information collection activities; Employment and Training Administration comment request, 51471–51472 NOTICES Air pollution control; new motor vehicles and engines: Adjustment assistance: Urban buses (1993 and earlier model years); retrofit/ AT&T Microelectronics, 51500 rebuild requirements; equipment certification— Electronix Servicenter, 51500 Detroit Diesel Corp., 51472–51475 G.E. Power Systems et al., 51500 Committees; establishment, renewal, termination, etc.: Parker Drilling Co. et al., 51501 National Environmental Justice Advisory Council; Sara Lee Knit Products, 51501–51502 meeting, 51475 Texaco Exploration & Production, Inc., et al., 51502 Federal facilities cleanup principles; availability, 51475– NAFTA transitional adjustment assistance: 51476 Sara Lee Knit Products, 51502 Hazardous waste: Land disposal restrictions; exemptions— Employment Standards Administration BP Chemicals, Inc., 51476–51477 RULES Meetings: Longshore and Harbor Workers’ Compensation Act: Jurisdictional boundary changes, certified mail Common sense initiative— requirements, fee schedule clarification, etc., 51346– Iron and steel sector, 51477 51348 Sanitary sewer overflows dialogue, 51477–51478
Energy Department See Federal Energy Regulatory Commission IV Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Contents
Equal Employment Opportunity Commission Federal Reserve System RULES NOTICES Records and reports: Applications, hearings, determinations, etc.: Employer information report (EEO–1); filing deadline Century South Banks, Inc., et al., 51479 extension, 51350–51351 Rigler, Nancy A., et al., 51479 State and local government information report (EEO–4); filing deadline extension, 51350 Fish and Wildlife Service PROPOSED RULES Executive Office of the President Endangered and threatened species: See Presidential Documents Achyranthes mutica, etc. (fourteen plant taxa from Hawaiian Islands), 51417–51432 Federal Aviation Administration ’akoko, etc. (twenty-five plant species from Oahu, HI), RULES 51398–51417 Airworthiness directives: Guajon, 51432–51436 Jetstream, 51321–51323 Haha, etc. (three plant species from Molokai, HI), 51436– PROPOSED RULES 51443 Airworthiness directives: Nevin’s barberry, etc. (four Chaparral plants from PTC Seating Products Division, B/E Aerospace, 51375– southwestern California and northwestern Baja 51376 California, Mexico), 51443–51452 Rolls-Royce plc, 51376–51378 Food and Drug Administration Federal Communications Commission NOTICES RULES Meetings: Common carrier services: Advisory committees, panels, etc., 51481–51483 International circuit status reports; filing requirements, 51366–51368 Government Printing Office NOTICES NOTICES Agency information collection activities under OMB Meetings: review, 51478 Depository Library Council, 51479–51480
Federal Crop Insurance Corporation Health and Human Services Department RULES See Food and Drug Administration Administrative regulations: See Health Care Financing Administration Fraud, misrepresentation, false claims, etc.; sanctions See Health Resources and Services Administration Correction, 51321 See Public Health Service NOTICES Federal Emergency Management Agency Meetings: RULES National Nutrition Monitoring Advisory Council, 51481 Flood insurance; communities eligible for sale: Organization, functions, and authority delegations: Pennsylvania et al., 51360–51366 Program Support Center, 51480 NOTICES Disaster and emergency areas: Health Care Financing Administration Puerto Rico, 51478 NOTICES U.S. Virgin Islands, 51478–51479 Medicaid: Demonstration project proposals, new and pending— Federal Energy Regulatory Commission June, 51483–51487 NOTICES Electric rate and corporate regulation filings: Health Resources and Services Administration Northeast Utilities Service Co. et al., 51461–51463 NOTICES Pacific Gas & Electric Co. et al., 51463–51464 Agency information collection activities under OMB Natural gas certificate filings: review: East Tennessee Natural Gas Co. et al., 51464–51466 Proposed agency information collection activities; Frontier Gas Storage Co. et al., 51466–51468 comment request, 51487–51488 Applications, hearings, determinations, etc.: Primary medical care, mental health, and dental health Caprock Pipeline Co., 51468 professional shortage areas; designations and Florida Gas Transmission Co., 51468 withdrawals list, 51518–51655 KN Interstate Gas Transmission Co., 51469 KN Wattenberg Transmission Limited Liability Co., Housing and Urban Development Department 51468–51469 PROPOSED RULES NorAm Gas Transmission Co., 51469 Low-income housing: Northern Natural Gas Co., 51469–51470 Housing assistance payments (Section 8)— Northwest Pipeline Corp., 51470 Moderate rehabilitation, rent adjustments and Sabine Pipe Line Co., 51470 reductions, annual and special adjustments, and Williston Basin Interstate Pipeline Co., 51470 comparability studies, 51658–51662
Federal Housing Finance Board Interior Department NOTICES See Fish and Wildlife Service Meetings; Sunshine Act, 51516 See Land Management Bureau Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Contents V
International Trade Administration Nuclear Regulatory Commission NOTICES NOTICES Antidumping: Environmental statements; availability, etc.: Iron construction castings from— Pacific Gas & Electric Co., 51503–51504 China, 51454–51455 Meetings: Large power transformers from— Agreement States; protection of safety of public and Italy, 51455–51456 radiation workers, 51504 Countervailing duties: Applications, hearings, determinations, etc.: Leather from— North Atlantic Energy Service Co. et al., 51505–51506 Argentina, 51456–51457 Northeast Nuclear Energy Co., 51504–51505 Meetings: Texas Utilities Electric Co., 51506–51507 President’s Export Council, 51457 North American Free Trade Agreement (NAFTA); Parole Commission binational panel reviews: RULES Corrosion-resistant steel sheet products from— Federal prisoners; paroling and releasing, etc.: United States, 51457 Parole conditions modification; ten-day notice procedure Synthetic bailer twine from— waiver, 51349–51350 United States, 51457–51458 Pre-release reviews of parole dates; ‘‘effective date of parole’’ definition, 51350 Organization, functions, and authority delegations: Interstate Commerce Commission Regional Administrator; title change to Executive Hearing NOTICES Examiner, 51348–51349 Rail carriers: Waybill data; release for use, 51490 Personnel Management Office Railroad operation, acquisition, construction, etc.: PROPOSED RULES Soo Line Railroad Co., 51490 Agency relationships with non-labor organizations representing Federal employees; Federal Personnel Justice Department Manual; sunset provisions, 51371–51373 See Antitrust Division See Parole Commission Presidential Documents NOTICES EXECUTIVE ORDERS Pollution control; consent judgments: Trade: Khubani Enterprises, Inc., 51490–51491 Expansion priorities identification; amendment (EO Rayle Coal Co. et al., 51491 12973), 51665
Public Health Service Labor Department See Food and Drug Administration See Employment and Training Administration See Health Resources and Services Administration See Employment Standards Administration NOTICES NOTICES Veterans Health Care Act: Agency information collection activities under OMB Limitation on prices of drugs purchased by covered review, 51499 entities— New drug pricing, 51488–51489 Land Management Bureau NOTICES Securities and Exchange Commission Alaska Native claims selection: NOTICES Brevig Mission Native Corp., 51489–51490 Meetings; Sunshine Act, 51516 Meetings: Applications, hearings, determinations, etc.: Southwest Colorado Resource Advisory Council, 51490 Canadian Depository for Securities Ltd. et al., 51510– 51511 Neuberger & Berman Series Trust, 51507 National Aeronautics and Space Administration Northbrook Life Insurance Co. et al., 51507–51510 RULES Acquisition regulations: Small Business Administration MidRange procurement procedures test, 51368–51370 NOTICES NOTICES Agency information collection activities under OMB Patent licenses; non-exclusive, exclusive, or partially review, 51511–51512 exclusive: VivoRx Pharmaceuticals, Inc., 51502–51503 State Department NOTICES National Oceanic and Atmospheric Administration Agency information collection activities under OMB RULES review, 51512 Fishery conservation and management: Grants and cooperative agreements; availability, etc.: Northeast multispecies; correction, 51370 Man and biosphere program, 51512–51513 PROPOSED RULES Meetings: Fishery conservation and management: International Commission for Conservation of Atlantic Limited access management of Federal fisheries in and Tunas, United States Section Advisory Committee, off of Alaska, 51452–51453 51513–51514 VI Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Contents
Overseas Security Advisory Council, 51514 Separate Parts In This Issue Private International Law Advisory Committee, 51514 Ninoy Aquino International Airport, Manila, Philippines; Part II lack of effective security measures, 51514–51515 Department of Health and Human Services, Health Resources and Services Administration, 51518–51655 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Part III Agreements Department of Housing and Urban Development, 51658– 51662 Thrift Supervision Office NOTICES Part IV Agency information collection activities under OMB The President, 51665 review, 51515 Applications, hearings, determinations, etc.: American National Bankshares, M.H.C., 51515 Boston Federal Savings Bank, 51515 Reader Aids Additional information, including a list of public laws, Transportation Department telephone numbers, and finding aids, appears in the Reader See Federal Aviation Administration Aids section at the end of this issue. NOTICES Lebanon; passenger air transportation sale prohibition; exemptions, 51515 Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law Treasury Department numbers, Federal Register finding aids, and a list of See Thrift Supervision Office documents on public inspection is available on 202–275– 1538 or 275–0920. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Contents VII
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Executive Orders: 12901 (amended by EO 12973)...... 51665 12973...... 51665 5 CFR Proposed Rules: 251...... 51371 7 CFR 400...... 51321 Proposed Rules: 300...... 51373 318...... 51373 14 CFR 39...... 51321 Proposed Rules: 39 (2 documents) ...... 51375, 51376 17 CFR 36...... 51323 20 CFR 702...... 51346 703...... 51346 24 CFR Proposed Rules: 882...... 51658 28 CFR 2 (3 documents) ...... 51348, 51349, 51350 29 CFR 1602 (2 documents) ...... 51350 40 CFR 52 (2 documents) ...... 51351, 51354 81 (2 documents) ...... 51354, 51360 Proposed Rules: 51...... 51378 52 (3 documents) ...... 51378, 51379, 51382 81...... 51382 82...... 51383 85...... 51378 300 (2 documents) ...... 51390, 51395 44 CFR 64...... 51360 47 CFR 43...... 51366 63...... 51366 48 CFR 1871...... 51368 50 CFR 651...... 51370 Proposed Rules: 17 (5 documents) ...... 51398, 51417, 51432, 51436, 51443 676...... 51452 51321
Rules and Regulations Federal Register Vol. 60, No. 190
Monday, October 2, 1995
This section of the FEDERAL REGISTER § 400.459 Indebtedness. [Corrected] MLG. This amendment limits the contains regulatory documents having general Any person who owes a debt to FCIC, applicability of the rule to only a certain applicability and legal effect, most of which or an approved insurance provider, number of airplanes; revises the initial are keyed to and codified in the Code of arising from any program administered inspection threshold, depending on Federal Regulations, which is published under whether or not certain modifications 50 titles pursuant to 44 U.S.C. 1510. under the Act, and that debt is delinquent, will be ineligible to have been accomplished on the boom The Code of Federal Regulations is sold by participate in all such programs until angles; and requires that modified boom the Superintendent of Documents. Prices of the debt is paid in full or the person angles be installed whenever new books are listed in the first FEDERAL enters into an agreement, acceptable to replacement is necessary. REGISTER issue of each week. FCIC or the approved insurance DATES: Effective November 1, 1995. provider, to repay the debt. If the person The incorporation by reference of provides adequate evidence to certain publications, as listed in the DEPARTMENT OF AGRICULTURE demonstrate that the amount of debt is regulations, is approved by the Director of the Federal Register as of November Federal Crop Insurance Corporation in dispute, the person’s application will be accepted or their insurance will 1, 1995. The incorporation by reference of 7 CFR Part 400 remain in effect, but no indemnity payment will be made, until the British Aerospace Service Bulletin RIN 0563±AB10 disputed issue is resolved between that ATP–57–13, Revision 1, dated January person and FCIC or the approved 15, 1993 was approved previously by General Administrative Regulations; insurance provider through the the Director of the Federal Register as of Sanctions; Correction available appeal process. September 8, 1993 (58 FR 42194, August 9, 1993). AGENCY: Federal Crop Insurance Done in Washington, DC, on September 22, ADDRESSES: Corporation, USDA. 1995. The service information referenced in this AD may be obtained ACTION: Correction to final regulation. Suzette M. Dittrick, from Jetstream Aircraft, Inc., P.O. Box SUMMARY: This document contains a Acting Manager, Federal Crop Insurance 16029, Dulles International Airport, Corporation. correction to the final regulation which Washington, DC 20041–6029. This was published Thursday, July 20, 1995 [FR Doc. 95–24367 Filed 9–29–95; 8:45 am] information may be examined at the (60 FR 37323). The regulation pertains BILLING CODE 3410±FA±M Federal Aviation Administration (FAA), to the sanctions made available under Transport Airplane Directorate, Rules the Federal Crop Insurance Act (the Docket, 1601 Lind Avenue, SW., ‘‘Act’’), as amended by the Federal Crop DEPARTMENT OF TRANSPORTATION Renton, Washington; or at the Office of Insurance Reform Act of 1994. the Federal Register, 800 North Capitol Federal Aviation Administration EFFECTIVE DATE: July 20, 1995. Street, NW., suite 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Diana Moslak, Regulatory and William Schroeder, Aerospace Engineer, Procedural Development Staff, Federal [Docket No. 94±NM±107±AD; Amendment Standardization Branch, ANM–113, 39±9368; AD 95±19±06] Crop Insurance Corporation, U.S. FAA, Transport Airplane Directorate, Department of Agriculture, Washington, 1601 Lind Avenue, SW., Renton, Airworthiness Directives; Jetstream Washington 98055–4056; telephone DC 20250. Telephone (202) 254–8314. Model ATP Series Airplanes SUPPLEMENTARY INFORMATION: The final (206) 227–2148; fax (206) 227–1149. regulation that is the subject of this AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: A correction superseded certain Administration, DOT. proposal to amend part 39 of the Federal provisions contained in the general ACTION: Final rule. Aviation Regulations (14 CFR part 39) administrative regulations with respect by superseding AD 93–14–08, to civil penalties and added provisions SUMMARY: This amendment supersedes amendment 39–8632 (58 FR 42194, with respect to ineligibility to an existing airworthiness directive (AD), August 9, 1993), which is applicable to participate in any program administered applicable to all British Aerospace all British Aerospace Model ATP series under the Act as a result of the adoption Model ATP series airplanes, that airplanes, was published as a of a material scheme or device to obtain currently requires inspections to detect supplemental notice of proposed benefits or indebtedness to the Federal cracking of the aft end of the wing rib rulemaking in the Federal Register on Crop Insurance Corporation (‘‘FCIC’’) or boom angles on the left and right May 9, 1995 (60 FR 24589). The action an approved insurance provider. engine, and repair or replacement of the proposed to continue to require As published, the final regulation wing rib boom angle assemblies, if repetitive detailed visual inspections to contained errors which may prove to be necessary. That AD was prompted by detect cracking of the aft end of the misleading and are in need of the detection of cracks in the engine wing rib boom angles on the wing rib clarification. outboard rib boom angles at the main outboard of the left and right engine, Accordingly, the publication on July landing gear (MLG) actuator attachment and repair or replacement of cracked rib 20, 1995 of the final regulations at 60 FR point. The actions specified by that AD boom angle assemblies. It also proposed 37323 is corrected as follows: are intended to prevent structural to limit the applicability of the rule, 1. On page 37324 in the first column, failure of the actuator attachment point, revise the initial inspection threshold, § 400.459 is corrected to read as follows: which could lead to collapse of the and require that modified boom angles 51322 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations be installed whenever replacement of national government and the States, or owner/operator must use the authority the boom angles is necessary. on the distribution of power and provided in paragraph (j) of this AD to Interested persons have been afforded responsibilities among the various request approval from the FAA. This an opportunity to participate in the levels of government. Therefore, in approval may address either no action, if the making of this amendment. Due current configuration eliminates the unsafe accordance with Executive Order 12612, condition; or different actions necessary to consideration has been given to the it is determined that this final rule does address the unsafe condition described in single comment received. not have sufficient federalism this AD. Such a request should include an The commenter supports the implications to warrant the preparation assessment of the effect of the changed proposed rule. of a Federalism Assessment. configuration on the unsafe condition The FAA has revised the final rule to For the reasons discussed above, I addressed by this AD. In no case does the reflect the corporate name change of certify that this action (1) is not a presence of any modification, alteration, or British Aerospace to Jetstream Aircraft ‘‘significant regulatory action’’ under repair remove any airplane from the Limited. Executive Order 12866; (2) is not a applicability of this AD. After careful review of the available ‘‘significant rule’’ under DOT Compliance: Required as indicated, unless data, including the comment noted accomplished previously. Regulatory Policies and Procedures (44 To prevent structural failure of the actuator above, the FAA has determined that air FR 11034, February 26, 1979); and (3) safety and the public interest require the attachment point, which could lead to will not have a significant economic collapse of the main landing gear (MLG), adoption of the rule with the change impact, positive or negative, on a accomplish the following: previously described. The FAA has substantial number of small entities (a) Conduct a detailed visual inspection to determined that this change will neither under the criteria of the Regulatory detect cracking of the aft end of the engine increase the economic burden on any Flexibility Act. A final evaluation has outboard rib boom angles under the wing rib operator nor increase the scope of the been prepared for this action and it is outboard of the left and right engine, in AD. contained in the Rules Docket. A copy accordance with British Aerospace Service The FAA estimates that 10 airplanes Bulletin ATP–57–13, Revision 1, dated of it may be obtained from the Rules January 15, 1993; or Jetstream Service of U.S. registry will be affected by this Docket at the location provided under AD. The inspections that are currently Bulletin ATP–57–13, Revision 5, dated June the caption ADDRESSES. 3, 1994; at the applicable time indicated required by AD 93–14–08 take below. approximately 2 work hours per List of Subjects in 14 CFR Part 39 (1) For airplanes on which Modification airplane to accomplish. The average Air transportation, Aircraft, Aviation 10313A (reference British Aerospace Service labor rate is $60 per work hour. Based safety, Incorporation by reference, Bulletin ATP–56–16–1013A, Revision 1, on these figures, the total cost impact of Safety. dated July 2, 1994) has not been the current inspection requirements AD accomplished: Conduct the initial inspection on U.S. operators is estimated to be Adoption of the Amendment within 400 hours time-in-service after $1,200, or $120 per airplane, per Accordingly, pursuant to the September 8, 1993 (the effective date of AD 93–14–08, amendment 39–8632), or within inspection cycle. authority delegated to me by the 12 months since airplane manufacture, The total cost impact figure discussed Administrator, the Federal Aviation whichever occurs later. above is based on assumptions that no Administration amends part 39 of the (2) For airplanes on which Modification operator has yet accomplished any of Federal Aviation Regulations (14 CFR 10313A has been accomplished (modified the requirements of this AD action, and part 39) as follows: inboard and outboard boom angles on both that no operator would accomplish the left wing and right wing): Conduct the those actions in the future if this AD PART 39ÐAIRWORTHINESS initial inspection prior to the accumulation were not adopted. However, since AD DIRECTIVES of 30,000 landings on the boom angle assembly or within 12 months after the 93–14–08 became effective on 1. The authority citation for part 39 September 3, 1993, the FAA assumes effective date of this AD, whichever occurs continues to read as follows: later. that at least the initial inspection (b) For the purposes of compliance with already has been performed on several Authority: 49 U.S.C. 106(g), 40101, 40113, 44701. this AD, the following apply: of the affected airplanes. Thus, the total (1) Repair of cracked rib boom angles shall cost impact of this AD may be reduced § 39.13 [Amended] be accomplished in accordance with a by the amount of the costs associated 2. Section 39.13 is amended by method approved by the Manager, with those inspections that have already removing amendment 39–8632 (58 FR Standardization Branch, ANM–113, FAA, Transport Airplane Directorate. been accomplished. 42194, August 9, 1993), and by adding Additionally, since this AD will (2) Replacement of cracked rib boom angle a new airworthiness directive (AD), assemblies with modified assemblies shall be extend the compliance time for the amendment 39–9368, to read as follows: initial inspection of some airplanes, it accomplished in accordance with Jetstream 95–19–06 Jetstream Aircraft Limited Service Bulletin ATP–57–16–10313A, has the effect of reducing the economic (Formerly British Aerospace Revision 1, dated July 2, 1994 (as corrected burden for operators of those airplanes, Commercial Aircraft Limited): by Erratum 2, dated August 30, 1994). Prior since it will preclude scheduling an Amendment 39–9368. Docket 94–NM– to the accumulation of 30,000 landings on airplane for inspection at a time earlier 107–AD. Supersedes AD 93–14–08, the replaced (modified) boom angle than is necessary. Amendment 39–8632. assembly, repeat the inspection in Should replacement of the boom Applicability: Model ATP series airplanes; accordance with paragraph (a) of this AD. angles with modified boom angles be serial numbers 2002 through 2063, inclusive; (c) If no crack is detected: Repeat the necessary, it will require approximately certificated in any category. detailed visual inspection at intervals not to 150 work hours to accomplish, at an Note 1: This AD applies to each airplane exceed 3,000 landings or 12 months, whichever occurs first. average labor charge of $60 per work identified in the preceding applicability provision, regardless of whether it has been (d) If any crack is detected on only one rib hour. Required parts will cost modified, altered, or repaired in the area boom angle, and that crack does not extend approximately $3,800 per airplane. subject to the requirements of this AD. For beyond bolt hole X: Repeat the detailed The regulations adopted herein will airplanes that have been modified, altered, or visual inspection of the rib boom angle for not have substantial direct effects on the repaired so that the performance of the additional crack propagation at intervals not States, on the relationship between the requirements of this AD is affected, the to exceed 300 hours time-in-service. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51323
(1) If no additional crack propagation is A: Prior to further flight, either repair the rib Capitol Street, NW., suite 700, Washington, detected during any of the repetitive boom angles or replace the rib boom angle DC. inspections: Within 6 months after discovery assembly in accordance with paragraph (b) of (m) This amendment becomes effective on of the crack, either repair the rib boom angle this AD. November 1, 1995. or replace the rib boom angle assembly in (i) If any crack is detected on both rib boom Issued in Renton, Washington, on accordance with paragraph (b) of this AD. angles, and cracks extend beyond bolt hole September 6, 1995. (2) If any of the repetitive inspections Y or into bolt hole A: Prior to further flight, Darrell M. Pederson, reveal that crack propagation has reached or either repair the rib boom angles or replace extends beyond bolt hole Y or into bolt hole the rib boom angle assembly in accordance Acting Manager, Transport Airplane A: Prior to further flight, either repair the rib with paragraph (b) of this AD Directorate, Aircraft Certification Service. boom angle or replace the rib boom assembly (j) An alternative method of compliance or [FR Doc. 95–22589 Filed 9–29–95; 8:45 am] in accordance with paragraph (b) of this AD. adjustment of the compliance time that BILLING CODE 4910±13±U (e) If any crack is detected on only one rib provides an acceptable level of safety may be boom angle, and that crack extends beyond used if approved by the Manager, bolt hole X, but not beyond bolt hole Y or Standardization Branch, ANM–113, FAA, down towards bolt hole A: Repeat the Transport Airplane Directorate. Operators COMMODITY FUTURES TRADING detailed visual inspection of the rib boom shall submit their requests through an COMMISSION angle for additional crack propagation at appropriate FAA Principal Maintenance intervals not to exceed 100 hours time-in- Inspector, who may add comments and then 17 CFR Part 36 service. send it to the Manager, Standardization (1) If no additional crack propagation is Branch, ANM–113. Section 4(c) Contract Market detected during any of the repetitive Note 2: Information concerning the Transactions inspections: Within 3 months after discovery existence of approved alternative methods of of the crack, either repair the rib boom angle compliance with this AD, if any, may be AGENCY: Commodity Futures Trading or replace the rib boom angle assembly in obtained from the Standardization Branch, Commission. accordance with paragraph (b) of this AD. ANM–113. ACTION: Final rules. (2) If any of the repetitive inspections Note 3: Alternative methods of compliance reveal that crack propagation has reached or previously granted for amendment 39–8632, SUMMARY: Pursuant to section 4(c) of the extends beyond bolt hole Y or into bolt hole AD 93–14–08, continue to be considered as Commodity Exchange Act, the A: Prior to further flight, either repair the rib acceptable alternative methods of compliance Commission is promulgating final rules boom angle or replace the rib boom angle with this amendment. assembly in accordance with paragraph (b) of to exempt certain contract market (k) Special flight permits may be issued in this AD. transactions from specified accordance with sections 21.197 and 21.199 (f) If any crack is detected on only one rib requirements of the Commodity of the Federal Aviation Regulations (14 CFR boom angle, and that crack extends beyond Exchange Act, 7 U.S.C. 1 et seq. (‘‘CEA’’ 21.197 and 21.199) to operate the airplane to bolt hole Y or into bolt hole A: Prior to or ‘‘Act’’), and Commission regulations a location where the requirements of this AD further flight, either repair the rib boom angle can be accomplished. thereunder. The Commission proposed or replace the rib boom angle assembly in (l) The inspections shall be done in these rules after considering the public accordance with paragraph (b) of this AD. accordance with Jetstream Service Bulletin comments on petitions for exemptive (g) If any crack is detected on both rib ATP–57–13, Revision 5, dated June 3, 1994. relief submitted by the Chicago boom angles, and cracks do not extend Revision 5 of Jetstream Service Bulletin beyond bolt hole X: Repeat the detailed Mercantile Exchange (‘‘CME’’) and by ATP–57–13 contains the following list of the Board of Trade of the City of visual inspection of the rib boom angles for effective pages: additional crack propagation at intervals not Chicago (‘‘CBT’’). Based upon its consideration of the to exceed 100 hours time-in-service. Revision (1) If no additional crack propagation is Page No. level shown Date shown comments received in response to its detected during any of the repetitive on page on page Notice of Proposed Rulemaking, and inspections: Within 3 months after discovery upon its independent analysis, the of the cracks, either repair the rib boom 1±3, 5 ...... 5 June 3, 1994. Commission is promulgating final rules angles or replace the rib boom angle 4, 6 ...... 4 May 31, 1994. establishing a three-year pilot program assembly in accordance with paragraph (b) of 7±12 ...... 3 Mar. 23, 1994. this AD. to permit certain transactions to trade on section 4(c) contract markets exempt (2) If any of the repetitive inspections The replacement shall be done in accordance reveal that crack propagation has reached or with British Aerospace Service Bulletin from specified requirements of the Act extends beyond bolt hole Y or into bolt hole ATP–57–13, Revision 1, dated January 15, and Commission rules. The Commission A: Prior to further flight, either repair the rib 1993, or Jetstream Service Bulletin ATP–57– believes that permitting, on a pilot basis, boom angles or replace the rib boom angle 16–10313A, Revision 1, dated July 2, 1994 (as the trading of this new class of contract assembly in accordance with paragraph (b) of corrected by Erratum 2, dated August 30, market transaction, which can be this AD. 1994). The incorporation by reference of offered only to specified categories of (h) If any crack is detected on both rib British Aerospace Service Bulletin ATP–57– individuals or entities, is in the public boom angles, and cracks extend beyond bolt 13, Revision 1, dated January 15, 1993, was interest. hole X, but not beyond bolt hole Y or down approved previously by the Director of the towards bolt hole A: Repeat the detailed Federal Register in accordance with 5 U.S.C. The final rules will permit these visual inspection of the rib boom angles for 552(a) and 1 CFR part 51 as of September 8, exchange-traded products greater additional crack propagation at intervals not 1993 (58 FR 42194, August 9, 1993). The flexibility in competing with foreign to exceed 50 hours time-in-service. incorporation by reference of the remainder exchange-traded products and with both (1) If no additional crack propagation is of the service documents listed above is foreign and domestic over-the-counter detected during any of the repetitive approved by the Director of the Federal transactions, while maintaining basic inspections: Within 1 month after discovery Register in accordance with 5 U.S.C. 552(a) customer protection, financial integrity of the cracks, either repair the rib boom and 1 CFR part 51. Copies may be obtained and other protections associated with angles or replace the rib boom angle from Jetstream Aircraft, Inc., P.O. Box 16029, assembly in accordance with paragraph (b) of Dulles International Airport, Washington, DC trading in an exchange environment. In this AD. 20041–6029. Copies may be inspected at the particular, new Part 36 permits greater (2) If any of the repetitive inspections FAA, Transport Airplane Directorate, 1601 flexibility with respect to trading rules reveal that crack propagation has reached or Lind Avenue, SW., Renton, Washington; or at (section 36.3); listing of transactions extends beyond bolt hole Y or into bolt hole the Office of the Federal Register, 800 North (section 36.4); reporting requirements 51324 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations
(section 36.5); registration requirements Before granting such an exemption, the clearing system approved by the (section 36.36) and risk disclosure Commission must determine that its Commission. (section 36.7). It also reserves the anti- action would be consistent with the The substance of the comments on the manipulation prohibitions in the Act public interest and would not have a petitions is discussed in the Notice of and Commission Rule 33.9 and provides material adverse effect on the ability of Proposed Rulemaking, 59 FR 54139 at for anti-fraud prohibitions in addition to the Commission to discharge its 54140–54141 (Oct. 28, 1994). The CBT, those otherwise applicable to section regulatory responsibilities or of any as part of its comments responding to 4(c) contract market transactions under contract market to discharge its self- the Notice of Proposed Rulemaking, the Act and Commission Rule 33.10. regulatory responsibilities under the offered several amendments to its Finally, although the Commission Act.2 section 4(c) petition. Of these, the most requested comment relating to the notable would limit the transactions advisability of making certain II. The Petitions for Exemptive Relief eligible for exemptive relief to ‘‘swap agreements’’ as defined by Commission conforming changes to its Part 35 On August 16, 1993, the Commission Exemption of Swap Agreements, the Rule 35.1(b).5 published in the Federal Register notice Commission has determined to make no of, and a request for comment on, III. The Proposed Rules changes herein to Part 35. petitions for exemption under section In light of the comments received on EFFECTIVE DATE: November 1, 1995. 4(c) of the Act submitted by the CME the exchange petitions, and based on its FOR FURTHER INFORMATION CONTACT: Paul and the CBT.3 As detailed in that own analysis, the Commission proposed M. Architzel, Chief Counsel, Division of Federal Register notice, the CME sought a new Part 36 of its rules.6 The proposed Economic Analysis; Alan L. Seifert, an exemption from most of the rules would establish a pilot program to Deputy Director, or Lawrence B. Patent, provisions of the Act and Commission provide more streamlined procedures Associate Chief Counsel, Division of regulations with regard to the purchase for listing new exchange-traded Trading and Markets; or Ellyn S. Roth, and sale of its Rolling SpotTM futures products and greater flexibility in the Attorney, Office of the General Counsel; and options contracts. The CBT’s trading procedures for those products, Commodity Futures Trading petition, submitted on June 30, 1993 the offer and sale of which would be Commission, Three Lafayette Centre, (‘‘section 4(c) petition’’), and limited to specified categories of 1155 21st Street, N.W., Washington, subsequently joined by the New York individuals or entities. In addition, the D.C. 20581, (202) 418–5260, 418–5450, Mercantile Exchange (‘‘NYMEX’’),4 proposed rules would provide greater and 418–5120, respectively. requested that the Commission establish flexibility to qualified market users in SUPPLEMENTARY INFORMATION: a ‘‘professional trading market certain areas, particularly relating to exemption’’ from most of the provisions registration and account opening I. Statutory Background of the Act and regulations for trading in procedures. The Futures Trading Practices Act of any instrument of the CBT and other A. Duration and Scope of Exemption 1992, P.L. No. 102–546 (October 28, boards of trade, including those 1992) (‘‘1992 Act’’), added new designated previously as contract The Commission proposed to subsections (c) and (d) to section 4 of markets by the Commission. Under both implement these rules under the the Act. These new provisions authorize petitions, trading in exempted framework of a three-year pilot program, the Commission, by rule, regulation, or instruments would have been limited to providing the exchanges and the order, to exempt any agreement, certain participants, and trades would Commission an opportunity to test contract or transaction, or class thereof, have been cleared through an exchange whether actual trading under the when entered into between ‘‘appropriate proposed rules, in fact, was, and remained, in the public interest, and to persons’’ from the exchange-trading, or transaction), either unconditionally or on stated any other, requirement of the Act other terms or conditions or for stated periods and either determine the effect of such trading on than section 2(a)(1)(B), 7 U.S.C. 2.1 retroactively or prospectively, or both, from any of the integrity of the marketplace as a the requirements of subsection (a), or from any whole. The Commission specifically other provision of this Act (except Section 1 requested comment on the concept and Section 2(a)(1)(A) of the Act grants the 2(a)(1)(B)), if the Commission determines that the Commission exclusive jurisdiction over ‘‘accounts, exemption would be consistent with the public feasibility of such a pilot program. agreements (including any transaction which is of interest. Given the pilot nature of this program, the character of * * * an ‘option’ * * * ), and 2 Specifically, Section 4(c)(2), 7 U.S.C. 6(c)(2), the Commission also proposed that the transactions involving contracts of sale of a states: commodity for future delivery traded or executed exemption could be revoked at any The Commission shall not grant any exemption on a contract market * * * or any other board of time, following notice and an under paragraph (1) from any of the requirements trade, exchange, or market. * * * ’’ 7 U.S.C. 2. The of subsection (a) unless the Commission determines opportunity for hearing, upon a CEA and Commission regulations require that that— determination that the continued transactions in commodity futures contracts and commodity option contracts, with narrowly defined (A) The requirement should not be applied to the operation of the exemption was no exceptions, occur on or subject to the rules of agreement, contract, or transaction for which the longer consistent with the public contract markets designated by the Commission. exemption is sought and that the exemption would interest. be consistent with the public interest and the Specifically, Section 4(c)(1), 7 U.S.C. 6(c)(1), purposes of this Act; and With regard to the scope of the provides: (B) the agreement, contract, or transaction— exemption, proposed section 36.1(b) In order to promote responsible economic or provided that boards of trade listing financial innovation and fair competition, the (i) will be entered into solely between appropriate Commission by rule, regulation, or order, after persons; and section 4(c) contract market transactions notice and opportunity for hearing, may (on its own (ii) will not have a material adverse effect on the for trading would be deemed to be initiative or on application of any person, including ability of the Commission or any contract market to ‘‘contract markets’’ which must comply discharge its regulatory or self-regulatory duties any board of trade designated as a contract market with all provisions of the Act and for transactions for future delivery in any under this Act. commodity under section 5 of this Act) exempt any 3 58 FR 43414 (Aug. 16, 1993); 58 FR 44402 (Aug. agreement, contract, or transaction (or class thereof) 20, 1993) (correction); 58 FR 52948 (Oct. 13, 1993) 5 See Comment letter of the Board of Trade of the that is otherwise subject to subsection (a) (including (extension of comment period to Dec. 15, 1993). City of Chicago, dated December 13, 1994. any person or class of persons offering, entering 4 By letter dated September 20, 1994, subsequent 6 59 FR 54139 (Oct. 28, 1994); 59 FR 64359 (Dec. into, rendering advice or rendering other services to the close of the comment period, the NYMEX 14, 1994) (extension of comment period to January with respect to, the agreement, contract, or joined in the CBT’s petition. 31, 1995). Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51325
Commission regulations, except for subject to section 2(a)(1)(B) of the Act, D. Reporting Requirements those provisions which are ‘‘specifically 7 U.S.C. 2, including stock index futures inconsistent’’ with the proposed rules. contracts, was proposed to be excluded The Commission proposed that, in Transactions in these instruments were from the scope of the exemptive rules. lieu of its current reporting requirements under Parts 16–19 of its proposed to be limited to ‘‘eligible B. Trading Rules and Procedures participants,’’ the definition of which rules, section 4(c) contract markets, was based upon the list of ‘‘appropriate Section 36.3 proposed to permit futures commission merchants persons’’ set forth in section 4(c)(3) (A) section 4(c) contract markets greater (‘‘FCMs’’), and large traders comply through (J) of the Act, with certain flexibility in trading procedures and with reporting requirements specifically revisions tailored to this particular systems and to establish a streamlined geared toward these markets. Most market and reflecting the Commission’s procedure for Commission review of the notably, in addition to publishing daily experience in applying similar concepts contract market rules implementing information on total open interest, in the context of other exemptions. In those procedures. As proposed, section transactions, and prices for each 36.3 would have permitted significant this regard, the Commission asked commodity or type of contract, the flexibility for trading procedures and commenters to address the issue of Commission proposed that section 4(c) systems. In particular, by permitting whether certain of the proposed contract markets provide open interest revisions should be applied to the upstairs or other forms of off-floor execution if certain broad criteria were and transaction information for each Commission’s previously-granted clearing member similar to that required exemption under Part 35,7as well. met, the proposed rule departed profoundly from current regulatory under current Rule 16.00. However, Proposed section 36.2 limited the constraints. The limiting criteria although required to be maintained in a potential breadth of the exemption, included: meeting certain Commission manner that is readily accessible, specifying that section 4(c) contract recordkeeping and audit trail contract markets would be required to market transactions must be: (1) cash- requirements; maintaining customer supply information concerning large settled, or that delivery be by ‘‘means protection standards under Commission traders conducting section 4(c) contract other than the transfer or receipt of any Rules 155.2, 155.3, and 155.4, to the market transactions only on call by the commodity, except a major foreign extent applicable; providing for post- Commission. The actual frequency of currency;’’ (2) cleared through a clearing trade transparency of the transactions, those reports would be determined organization subject to Commission including specified reporting based upon market developments. oversight; and, (3) based on requirements identifying section 4(c) commodities other than the agricultural contract market transactions from non- E. Special Temporary License, commodities enumerated in section 1a section 4(c) contract market Registration or Principal Listing of the Act, except for a broad-based transactions; and clearing such Procedures; Risk Disclosure index thereof. Proposed section transactions on the same schedule as Requirements 36.2(a)(4) further would have limited products traded on non-section 4(c) The Commission also proposed, in section 4(c) contract market transactions contract markets. Further, any section 36.6, to allow special to those transactions which could submission made under the proposed ‘‘reasonably be distinguished’’ based rule would have been required to registration procedures for persons upon the contract’s hedging function or describe fully the contract market associated with an FCM or introducing pricing function from futures or option procedures and systems to assure broker (‘‘IB’’) whose activities were contracts already designated by the compliance with sections 4b and 4c(a) limited to instruments specified by the Commission at the time of application of the Act, which prohibit the abuse of Commission in an Appendix to Part 36. to trade a section 4(c) contract market customer orders. Such abuses include These special procedures would be 8 transaction. Finally, any transaction frontrunning customer orders, misuse of established upon the petition of a information, wash sales and fictitious contract market and under approved 7 Part 35 of the Commission’s rules exempts swap procedures of the National Futures agreements, as defined in Section 35.1(b), from, trades. Procedurally, the Commission all provisions of the Act (except * * * Sections proposed that such trading rules be Association (‘‘NFA’’). The Commission 2(a)(1)(B), 4b, and 4o of the Act and § 32.9 of this submitted for its review prior to being noted in the Notice of Proposed chapter * * *, and the provisions of Sections 6(c) put into effect. Absent notification to Rulemaking that particular areas of and 9(a)(2) of the Act to the extent these provisions the contrary, these rules would become prohibit manipulation of the market price of any flexibility in the registration process commodity in interstate commerce or for future effective ten days after receipt. might include the waiver of NFA’s delivery on or subject to the rules of any contract C. Listing Procedures fingerprint requirement and acceptance market), provided the following terms and of alternative proficiency tests. With conditions are met: The Commission proposed that regard to risk disclosure, the (a) the swap agreement is entered into solely section 4(c) contract market transactions Commission proposed, when accounts between eligible swap participants * **; be listed for trading ten days after (b) the swap agreement is not part of a fungible for section 4(c) contract market submission to the Commission of their class of agreements that are standardized * **; transactions were opened, allowing the terms and conditions, unless the (c) the creditworthiness of any party having an use of disclosure statements appropriate actual or potential obligation under the swap Commission notified the board of trade agreement would be a material consideration in writing during that period that the to a customer’s expertise and financial * * * ; and transactions did not meet the conditions capacity and tailored to a particular (d) the swap agreement is not entered into and product. This disclosure requirement traded on or through a multilateral transaction specified by the rules. In that event, the execution facility. terms and conditions of the transaction would have replaced the basic risk 8 As proposed, Section 36.2(a)(4) specifically would be subject to the usual rule disclosure statements generally required identified the following as eligible Section 4(c) approval procedures under section when opening accounts. See, e.g., contract market transactions: flexible commodity Commission Rules 1.55, 1.65, 33.7, and options (which trade under contract market option 5a(a)(12)(A) of the Act. rules, but are not separately designated); contracts 190.10. in foreign currency known as Rolling SpotTM contracts; and foreign currency forward futures Contracts; five- and ten-year interest rate swaps contracts and options thereon. 51326 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations
F. Fraud and Manipulation in enhance the competitiveness of the U.S. by the exchange petitions could have Connection With Section 4(c) Contract futures markets. A second commenter unintended effects on market integrity, Market Transactions noted favorably that the proposal and urged the Commission to take a Finally, the Commission proposed recognizes that certain sophisticated cautious approach in applying its that section 4(c) contract market market participants, although enjoying exemptive authority to exchange-traded transactions be subject to the anti-fraud the benefits and enhanced safety of instruments. proscriptions of sections 4b(a) and 4o of exchange trading, do not necessarily require the full panoply of protections The Securities and Exchange the Act, those provisions of sections Commission (‘‘SEC’’) also urged caution, 6(c), 6(d), and 9(a) of the Act that and regulatory provisions. Significantly, the NYMEX, a futures stating that although the SEC would not prohibit price manipulation, and exchange which joined in the original support every element of proposed Part Commission Rules 33.9 and 33.10, CBT section 4(c) petition, stated its 36, a pilot program would offer the which prohibit fraudulent conduct and belief that the structure of the program Commission an opportunity to evaluate price manipulation in connection with set forth by the Commission generally the entire Part 36 approach in a commodity option transactions. The strikes the correct balance for controlled environment. The United Commission also proposed to include in establishing an exempt exchange-style States Department of Labor Part 36 a free-standing anti-fraud rule market. In its view, modeled after Commission Rule 33.10, (‘‘Department of Labor’’) stressed that, the anti-fraud rule applicable to [s]everal of the areas from which the although the Department of Labor exchange-traded commodity options, Commission declined to grant exemptive believed that the exemption, as relief are areas that * * * require regulation and requested comment on the need for proposed, raises several issues regarding in the context of an exchange-traded ERISA plan investment in the exempted a free-standing anti-manipulation rule. marketplace, where participants are brought In this regard, the Commission together in a blind-match system and the transactions, by purchasing contracts specifically requested comment on clearinghouse provides the ultimate source of covered by this exemption rather than whether such stand-alone anti-fraud and credit and financial backing. over-the-counter (OTC) contracts, plan anti-manipulation rules were Other commenters, including, in fiduciaries may secure additional appropriate and whether the swaps particular, the other futures exchanges protection for plan assets. The Pilot exemption also should be amended to which commented on the proposal, program would offer several of the include similar rules. were of the opinion that the advantages of OTC transactions, while operating in an exchange-type IV. Comments Received Commission did not go far enough in extending relief under the proposed environment with its clearinghouse The Commission received 34 rules, particularly in light of the function, transparent pricing, reporting comment letters from 29 different restrictions on market access. The CME requirements, daily settlement, 9 commenters in response to its Notice commented, in particular, that the heightened liquidity and reduced credit of Proposed Rulemaking. The proposed scope of the exemption was risk. commenters included: four futures too narrow to allow U.S. futures In general, although opinion was exchanges; two clearing organizations; a exchanges to compete effectively against divided between those commenters who securities exchange; seven trade over-the-counter (‘‘OTC’’) markets and associations; four federal regulatory foreign futures exchanges. urged caution in proceeding and those agencies; a Commission Administrative One commenter, a commodity trading who urged the Commission to provide Law Judge; three bar association advisor (‘‘CTA’’), urged the Commission greater regulatory relief, few, if any, committees; two industry lawyers; three to consider expanding the proposed were of the opinion that the investment firms; and two other futures relief to reduce any unwarranted Commission should refrain from professionals. regulatory costs that might be imposed according some form of the proposed The comments carefully analyzed the on an exchange-style swaps trading and relief to markets that limit access to proposed rules and many responded to clearing facility. A futures industry eligible participants. Based upon the the specific questions raised by the trade association noted that the agreement of the commenters that the Commission. The vast majority of the proposed Part 36 rules would provide proposed exemption’s general direction commenters favored the general concept relief predominately in the relatively was correct, the Commission is of the proposed rules, although many narrow context of trading practices, and promulgating final rules adding a new recommended clarifications, revisions recommended that the Commission Part 36. These final rules establish a or modifications to particular consider implementing broader three-year pilot program to permit provisions. Several industry exemptive relief for institutional users limited-access contract markets which associations, a state bar association of the futures markets. have differing regulatory requirements, subcommittee, and others, in supporting Finally, certain government regulators tailored to the nature of the market’s the proposal, opined that introducing commenting on the proposed rules, participants. However, based upon its these changes through the framework of although generally urging caution, careful consideration of all of the a pilot program would be a prudent step recognized that a pilot program was an comments received, and particularly in toward accommodating and meeting appropriate framework for proceeding. changes that are occurring in the In particular, the Board of Governors of light of the many comments received traditional markets. the Federal Reserve System (‘‘Federal raising technical issues or making In this regard, one commenter noted Reserve Board’’ or ‘‘Board’’) noted that specific recommendations regarding that this proposal is consistent with the it supported the Commission’s use of its various of the proposed rules, the Commission’s sustained efforts to authority to grant exemptions to classes Commission has determined to make of products and market participants for various modifications to the proposed 9 Morgan Stanley & Co., Inc. (‘‘Morgan Stanley’’), which many of the Act’s requirements rules. These specific modifications are the Securities and Exchange Commission (‘‘SEC’’), highlighted below, along with a and the Futures Industry Association (‘‘FIA’’) each are unnecessary or burdensome. The sent two letters, one on Part 36 and one on Part 35; Board further stated, however, that discussion of the corresponding public the CBT sent three. exemptions of the breadth contemplated comment. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51327
V. Final Rules the probationary three-year period to 2. Scope of the Exemption avoid any potential disruptions in an A. Duration and Scope of Exemption a. Scope of the Relief established market, and, if the program 1. Pilot Program were not made permanent, provide a The Commission set forth the mechanism for a smooth transition into proposed scope of the exemption with A key feature of the Commission’s respect to section 4(c) contract market the traditional contract market proposal was its implementation as a transactions in proposed section 36.1(b), framework. Finally, one commenter three-year pilot program, beginning stating that each board of trade on when the first contract trades pursuant suggested that the Commission clarify which such transactions are traded to these rules. See Proposed section the criteria it plans to use in evaluating would be deemed to be a contract 36.1(a). The Commission noted that a the success of the pilot program. market.11 As such, they would be pilot program would provide an The Commission continues to believe required to comply with all provisions opportunity to test the operation of the that the introduction of section 4(c) of the Act and Commission rules, except exemption, determine the effect of contract markets on a pilot basis is for those provisions which are section 4(c) contract market transactions appropriate. As the Commission stated ‘‘specifically inconsistent’’ with Part on the integrity of the marketplace as a previously, the trial nature of this 36.12 whole, and determine whether program reflects the Commission’s The three petitioning exchanges (CBT, continued trading under the exemption belief that the exemption constitutes a CME and NYMEX) commented that the would be in the public interest. The significant departure from the regulatory structure of the proposed exemption Commission further noted in the Notice scheme under which futures and option created ambiguity with regard to what of Proposed Rulemaking that it and contracts have been trading for over 70 was included within its scope. The CBT other agencies had successfully used the years. The pilot program will enable the requested that the Commission specify concept of a pilot program. For example, all of the statutory and regulatory Commission to obtain market the Commission used a pilot program to provisions superseded by Part 36. In experience on which to base any reintroduce exchange-traded commodity contrast, NYMEX requested that the options.10 permanent program. A pilot program Commission specify only those sections Most commenters supported the also will permit the Commission to of the Act and Commission rules to concept of implementing the Part 36 make modifications or adjustments which the section 4(c) exemption would exemption provisions on a trial basis. consistent with the program’s trading be inapplicable. At a minimum, the CBT Many agreed with the Commission’s and regulatory experience. suggested that the word ‘‘specifically’’ reasoning that a pilot program would Since section 4(c) contract market be deleted from the phrase ‘‘specifically allow the exchanges to test the transactions might have terms providing inconsistent,’’ stating that without that operation of the exemption, while also for expiration beyond the end of the deletion, market participants might be allowing the Commission to assess the three-year pilot program, the less able to ascertain what legal impact of the exemption on the Commission agrees with the requirements apply. operation of the markets as a whole. commenters’ views on the need for The Commission has considered Some commenters stated that, in light of market certainty. Accordingly, the carefully these comments and has the legitimate potential regulatory Commission plans to review the determined that the scope of the concerns in exempting exchange-traded program and whether to make it exemption is generally appropriate, as transactions from substantive provisions permanent well before the end of the proposed. If Part 36 does not specifically exempt section 4(c) contract of the Act, the use of a pilot program three-year pilot period. As part of its market transactions from a statutory or would be an appropriate means of review, the Commission intends to regulatory provision, there is no encouraging market innovation without evaluate whether to extend or otherwise limiting the Commission’s ability to add exemption from that provision. alter the exemptive relief granted However, the provisions of Part 36 later limitations or modifications as herein. The Commission also will needed to maintain market integrity. govern the trading of section 4(c) consider whether to expand the While generally endorsing the contract market transactions in the exemptive relief provided by these rules concept of a pilot program, several following specified areas: section 36.3 to other transactions or markets. Any commenters asked the Commission to (trading rules); section 36.4 (listing of clarify that ongoing trading activity Commission decision to terminate the transactions); section 36.5 (reporting would not terminate automatically at program will be based on a finding that requirements); section 36.6 (registration the end of the three-year period and to trading in section 4(c) contract market requirements); and section 36.7 (risk clarify the effect on outstanding section transactions has adversely affected the disclosure). Also, section 36.9 provides 4(c) contract market transactions should ability of the Commission to discharge for anti-fraud and anti-manipulation it determine to terminate the pilot its regulatory responsibilities or the prohibitions in addition to those program. These commenters noted that ability of a contract market to discharge section 4(c) contract market transactions its self-regulatory duties under the Act 11 The Commission’s proposal did not limit could be listed for maturities of five or that a permanent program for such contract markets eligible to provide a facility for transactions would not be consistent trading in Section 4(c) contract market transactions years or longer. Market participants, to current contract markets. New markets wishing they reasoned, would not be with the public interest and the to offer a facility for such transactions would be comfortable trading these new purposes of the Act. Should the required to comply with those provisions of the Act instruments if trading possibly could be Commission determine to terminate the and Commission rules governing a board of trade program, all previously listed section seeking an initial designation as a contract market. suspended or terminated prior to the Accordingly, among other things, a prospective instruments’ maturity, leaving no 4(c) contract market transactions would Section 4(c) market must submit all rules relative opportunity to unwind open positions. be permitted to continue trading until to matters such as governance, disciplinary and These commenters suggested that the their expiration; however, no new arbitration proceedings, and financial requirements under the current provisions of Section 5a(a)(12) of Commission begin its evaluation during section 4(c) contract market transactions the Act, 7 U.S.C. 7a(a)(12). 59 FR 54139, 54143, with more distant expirations could be 54144. 10 46 FR 54500 (Nov. 3, 1981). listed. 12 59 FR 54139, 54143, 54151. 51328 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations applicable to section 4(c) contract proposed section 36.1(b) may have proposed differences related to market transactions under the Act and created an ambiguity regarding the employee benefit plans, municipalities, Commission Rules 33.9 and 33.10.13 All treatment of these transactions under and certain types of investment other provisions of the Act and the United States Bankruptcy Code. vehicles. The Commission also sought Commission rules, including those According to the commenter, the comment on whether the definition of related to, among other things, absence in proposed section 36.1(b) of ‘‘eligible swap participant’’ under Part segregation of customer funds, adjusted the words ‘‘designated as’’ before the 35 should be conformed to the proposed net capital (except for the capital phrase ‘‘a contract market within the revisions. Many of the comments requirements of certain IBs as discussed meaning of the Act’’ could leave open focused on these proposed revisions, infra), supervision, bankruptcy (see to question the applicability of the which are discussed in greater detail discussion infra), exchange emergency special protective provisions 16 of the below. Bankruptcy Code with respect to actions, reparations proceedings and i. Employee Benefit Plans private rights of action, will continue to commodity broker bankruptcies in the apply. context of section 4(c) contract market As proposed, section 36.1(c)(2)(vii) Nevertheless, the Commission, as transactions.17 would have limited employee benefit discussed below, is modifying section The Commission intends that its Part plans eligible to participate in section 36.3 to provide greater specificity with 190 Bankruptcy Rules will apply in the 4(c) contract market transactions to respect to the trading procedures that context of Part 36.18 To remove any those subject to the Employee are permissible under this exemptive perceived ambiguity, the Commission is Retirement Income Security Act of 1974 relief. Moreover, in responding to the modifying the language of the final rule (‘‘ERISA’’), or similar foreign plans, public comment on the proposed rules, as suggested by the commenter. with total assets exceeding $5 million the Commission has provided guidance Accordingly, the Commission is adding and (rather than the ‘‘or’’ provided in on the scope and operation of the to section 36.1(b) the words ‘‘designated section 4(c)(3)(G) of the Act and in exemption beyond that which was as’’ before the phrase ‘‘a contract market section 35.1(b)(2)(vii)) whose provided in the Notice of Proposed within the meaning of the Act.’’ investment decisions were made by a Rulemaking. bank, trust company, insurance c. Eligible Participants company, investment adviser (‘‘IA’’) b. Definitions As proposed, the definition of a under the Investment Advisers Act of 19 Several commenters held opposing ‘‘section 4(c) contract market 1940, or a CTA under the Act. The views regarding the nature of the transaction’’ included the requirement Commission specifically sought instruments to be included within the that an agreement, contract, or comment concerning whether there is proposed broad definition of ‘‘section transaction be executed by, or on behalf an asset level for an employee benefit of, an ‘‘eligible participant.’’ Proposed 4(c) contract market transaction,’’ 14 In plan which should qualify it as an section 36.1(c)(2) defined ‘‘eligible adopting Part 36, the Commission is eligible participant irrespective of participant,’’ by setting forth a list of exercising its authority under section whether its investment decisions are those individuals and entities permitted 4(c) of the Act, 7 U.S.C. 6(c), to exempt made by a bank, trust company, to trade section 4(c) contract market certain instruments and transactions insurance company, IA or CTA and transactions. This list, with several from certain provisions of the Act and whether Part 36 should be conformed to additions tailored to the operation and Commission rules. Accordingly, the Part 35 in this regard. structure of this particular market, was Several commenters, including three proposed definition of ‘‘section 4(c) modeled on the list of ‘‘appropriate exchanges, an industry trade association contract market transaction’’ is included persons’’ set forth in section 4(c)(3) (A) and a bar association committee, stated to make clear that an election by a through (J) of the Act, and on the the view that Part 36 should conform to contract market to trade an instrument definition of ‘‘eligible swap participant’’ the existing language of Part 35, so that on a section 4(c) contract market under Part 35 of the Commission’s those currently eligible to participate in pursuant to the Part 36 exemptive Rules. However, as proposed, the swap transactions also could participate system will be deemed to be an election definition of ‘‘eligible participant’’ in section 4(c) contract market to submit that instrument to the Act and under Part 36 differed in several transactions. Moreover, the Department Commission rules in accordance with respects from the definition of ‘‘eligible 15 of Labor and the FIA opposed this this Part. swap participant’’ under Part 35. The revision in the proposed rule, reasoning In addition, an industry trade that requiring an employee benefit plan association expressed concern that 16 The commenter noted that these provisions are to use a bank, trust company, insurance designed to enhance the integrity of the futures company, IA or CTA to make its 13 The remainder of Part 36 sets forth the duration markets by preventing the trustee of an insolvent of the exemption (36.1(a)), definitions for purposes customer or FCM from, among other things, (1) investment decisions with respect to of Part 36 (36.1(c)), mandatory conditions and avoiding contractual obligations, (2) rescinding section 4(c) contract market transactions prohibited transactions (36.2) and a procedure for transfers of margins and positions, or (3) impeding would create burdens for large suspension or revocation of the exemption (36.8). the liquidation of defaulted contracts. sophisticated plans that manage plan 14 Proposed Section 36.1(c)(1) defined a ‘‘Section 17 See 11 U.S.C. 761–766. Presumably, this 4(c) contract market transaction’’ as ‘‘[a]ny conclusion could be based upon the Commission’s assets in-house. agreement, contract, or transaction (or class thereof) definition of ‘‘commodity contract’’ for purposes of The Commission has carefully entered into on or subject to the rules of a contract its Bankruptcy Rules, which incorporates by considered these comments in the market in accordance with the provisions of this reference Section 761(4) of the Bankruptcy Code. context of the Act and Part 35 and does Part, and that is executed by a member of the See, Commission Rule 190.01(g). The Bankruptcy not believe that it should be more Section 4(c) contract market that is an eligible Code defines ‘‘commodity contract’’ as a ‘‘contract participant for its own account, or a futures for the purchase or sale of a commodity for future difficult for an employee benefit plan to commission merchant or floor broker for its own delivery on, or subject to the rules of, a contract account or on behalf of an eligible participant.’’ market or board of trade’’ (11 U.S.C. 761(4) (A) and 19 The Commission’s proposed asset floor for an 15 Any instrument meeting the criteria of Part 36, (D)) and defines a ‘‘contract market’’ as a ‘‘board of eligible employee benefit plan in this context, $5 except for those specifically excluded thereunder, trade designated as a contract market by the million, was five times the $1 million asset floor for could be eligible to trade under these rules. See Commission under the Act.’’ 11 U.S.C. 761(7) an employee benefit plan set forth in section H.R. Rep. No. 978, 102d Cong., 2d Sess. 82–83 (emphasis added). 4(c)(3)(G) of the Act, but the same as specified (1992). 18 See 59 FR 54139, 54144. under the Part 35 swaps exemption. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51329 participate in a transaction under Part inclusion of municipalities as eligible appropriate investment guidelines for 36 than in an exempt swap transaction participants without limitation. An governmental entities, and to promote under Part 35. In adopting section association of state and local their use. The Commission and its staff 36.1(c)(2)(vii), therefore, the government finance officials opined stand ready to meet with such Commission is substituting the word that, although certain government associations or any other appropriate ‘‘or’’ for the proposal’s ‘‘and.’’ entities have experienced trading losses, entity to pursue the development of Accordingly, employee benefit plans municipalities as a class are no more or such guidelines or to otherwise provide with total assets exceeding $5 million less sophisticated than other types of information concerning risk will not be required to have their eligible investors.21 Several commenters management practices relevant to the investment decisions with respect to further reasoned that limitation of the exchange markets subject to its section 4(c) contract market transactions investment authority of municipalities supervision. The Commission also will made by a bank, trust company, is a function more appropriately provide further guidance on the insurance company, IA or CTA. reserved to the various states. In responsibilities of FCMs for supervision The Department of Labor also contrast, the SEC expressed concern that of such accounts. there are no qualifying standards for objected to the level of the asset floor set iii. Other Entities forth in proposed Rule 36.1(c)(2)(vii). municipalities, noting that Although it recognized that this municipalities are not included in the Proposed Part 36 specifying the list of threshold is five times that set forth in definitions of ‘‘qualified institutional eligible participants for section 4(c) section 4(c)(3)(G) of the Act, it stated its buyer’’ under SEC Rule 144A or contract market transactions also belief that $5 million is too low a ‘‘accredited investor’’ under SEC included certain technical or clarifying threshold to be an accurate gauge of Regulation D.22 changes from that used in defining sophistication or understanding of After carefully considering the eligible swap participants under Part 35. complex financial instruments. The comments, the Commission is Many, if not all, commenters were of the Department recommended that the asset persuaded that, as a matter of state/ view, however, that conformity between floor for an employee benefit plan be Federal comity, it should continue to the two exemptions should be $50 million if an outside investment refrain from precluding the maintained, to the greatest degree advisor is used and $100 million, participation of municipalities in possible. In light of these views, the otherwise. The SEC, without setting exempt transactions. This policy applies Commission, in adopting section forth a specific dollar amount, also both to section 4(c) contract market 36.1(c)(2) has attempted to conform the advocated a substantially higher transactions and to exempt swap substance, and the language, of Part 36 threshold. agreements under Part 35 of the to that of Part 35, wherever possible. In The Commission has carefully Commission’s rules. Accordingly, the a few instances, however, the final Part considered these comments, but does Commission is adopting section 36 rules do not mirror precisely their not believe that it is appropriate to make 36.1(c)(2)(viii) as proposed. counterparts in Part 35. the threshold amount higher for section Nevertheless, the Commission has For example, as proposed, section 4(c) contract market transactions than emphasized in several reports, 36.1(c)(2)(iv) required that to be an for OTC transactions exempted under Congressional testimony and eligible participant, investment Part 35. However, it should be administrative proceedings, that all companies be regulated under the emphasized that Rule 36.1(c)(2)(vii) sets institutions, including municipalities, Investment Company Act of 1940 forth minimum standards for eligibility. need to establish and implement strong (‘‘ICA’’) or subject to foreign regulation, As the administrator of ERISA, the internal controls and risk management provided that such investment company Department of Labor can establish a practices with respect to financial was not formed solely for the purpose higher, controlling standard of market transactions. The Commission of constituting an eligible participant eligibility for participation in section also notes that representatives of the and has total assets exceeding $5 4(c) contract market transactions by President’s Working Group on Financial million. This proposed rule differs from 23 employee benefit plans subject to Markets have met with representatives its Part 35 counterpart defining ERISA.20 of various state and local government investment companies as eligible swap associations to discuss sharing and participants by including a $5 million ii. Municipalities disseminating information on asset floor and by the language requiring In proposing section 36.1(c)(2)(viii), that the investment company be the Commission questioned whether 21 Orange County, California, recently suffered regulated under the ICA, rather than trading losses of approximately $1.7 billion, subject to regulation.24 municipalities should be included as primarily from transactions in government eligible participants and, if so, whether securities and governmental agency obligations and In adopting section 36.1(c)(2)(iv), the any limitations on their participation declared bankruptcy in December 1994. The Commission has modified the proposal would be appropriate. All of those commenter noted, in this regard, that Orange to refer to investment companies subject County would have been considered a sophisticated to regulation under the ICA, more commenting on the issue, except for the investor by any common measure. SEC, strongly supported the proposed 22 closely conforming the provision to its 17 CFR 230.144A and 230.501(1995), 25 respectively. However, any plan established and Part 35 counterpart. This modification 20 An association representing state and local maintained by a state, its political subdivisions, or finance officers requested clarification whether any agency or instrumentality of a state or its 24 Compare proposed 36.1(c)(2)(iv) with Section proposed Section 36.1(c)(2)(vii) included both political subdivisions, for the benefit of its 35.1(b)(iv). private and public employee benefit plans. In employees, shall be deemed a ‘‘qualified 25 The Commission is also adopting similar adopting Section 36.1(c)(2)(vii), the Commission institutional buyer’’ if it owns at least $100 million conforming changes to the language of Section notes that the rule includes the phrase ‘‘subject to in securities of issuers that are not affiliated with 36.1(c)(2)(v), relating to commodity pools. ERISA.’’ Because ERISA does not cover public the plan, and shall be deemed an ‘‘accredited Specifically, the language requiring that, to be an employee benefit plans, such plans are not investor’’ if it has total assets in excess of $5 eligible participant, a commodity pool be formed encompassed in Section 36.1(c)(2)(vii), but rather million. 17 CFR 230.144A(a)(1)(i)(D) and and operated by a person regulated under the Act, would be included under Section 36.1(c)(2)(viii), as 230.501(a)(1)(1995), respectively. is being modified to read subject to regulation. The an instrumentality, agency or department of a 23 The Working Group includes the Secretary of remaining conditions, that the commodity pool is governmental entity or subdivision, thereof. See the Department of the Treasury and the Chairs of not formed solely for the purpose of constituting an note 22 infra. the Federal Reserve Board, the SEC and the CFTC. Continued 51330 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations will permit hedge funds,26 which The second difference between the number of additional conditions. although subject to the ICA are generally proposed Part 36 rule and its Part 35 Specifically, proposed section 36.2 excluded from regulation under it, to counterpart was a clarification in required that section 4(c) contract qualify as eligible participants. The $5 section 36.1(c)(2)(vi) that commodity market transactions provide for cash million asset floor, however, which pools, investment companies or hedge settlement, be cleared through a clearing applies to commodity pools under both funds qualify for exemptive relief under organization, not involve domestic Part 36 and Part 35,27 is being adopted the specific eligibility provision agricultural commodities, not involve a under section 36.1(c)(2)(iv).28 In all applicable to them, and not under the previously designated futures or option other respects the substance of section more general provision of subsection contract, and not involve futures or 36.1(c)(2)(iv), as adopted, conforms to (vi). The Commission’s inclusion of the option contracts subject to the its counterpart under Part 35. phrase ‘‘other than a commodity pool or provisions of section 2(a)(1)(B) of the The provisions of proposed section other collective investment vehicle’’ in Act. The comments submitted on each 36.1(c)(2)(vi), which would apply to a proposed subsection (vi) was a technical of these conditions are discussed below. corporation, partnership, organization, clarification, and was not intended as a 1. Cash Settlement trust, or other entity, would have substantive change to the exemptive required that such an entity not be framework. The Coffee, Sugar & Cocoa Exchange, formed solely for the purpose of However, in order to maintain Inc. (‘‘CSCE’’) objected to the constituting an eligible participant, and consistency between the language of requirement as proposed in section have either (1) assets exceeding $10 Parts 36 and 35 to the greatest degree 36.2(a)(1) that the settlement or delivery million, or (2) a net worth of $1 million possible, the Commission is not of section 4(c) contract market and that the transaction be entered into including this additional, clarifying transactions be in cash or by means in connection with the conduct of the language in section 36.1(c)(2)(vi). other than transfer or receipt of a entity’s business or to manage the risk Nevertheless, the Commission intends commodity. The CSCE opined that of an asset or liability owned or that to be deemed an eligible participant requiring cash settlement would limit incurred in the conduct of the entity’s in a section 4(c) contract market section 4(c) contract market transactions business or reasonably likely to be transaction, an investment company or to economically inferior contracts in owned or incurred in the conduct of its a hedge fund must qualify under section those instances where a physical business. The proposed Part 36 rule 36.1(c)(2)(iv), and a commodity pool delivery contract may be superior to a differed from the Part 35 provision in must qualify under section 36.1(c)(2)(v). cash settled contract. The CSCE further two respects. First, proposed section The Commission interprets Part 35 reasoned that because access to section 36.1(c)(2)(vi) did not include a similarly, so that to qualify as an eligible 4(c) contract markets is limited to provision similar to that of section swap participant, an investment sophisticated traders, who presumably 35.1(b)(2)(vi), which permits the entity company or hedge fund must meet the have greater familiarity with the to be an eligible swap participant by standards of section 35.1(b)(2)(iv), and a procedures for making or taking obtaining a guarantee of the obligation commodity pool must meet the physical delivery, there is less reason to of the party under the swap agreement standards of section 35.1(b)(2)(v). These restrict the availability of physical in lieu of meeting the $10 million asset specific provisions are the only avenues delivery contracts under the test. However, because all section 4(c) through which a commodity pool, exemption.31 contract market transactions will be investment company or hedge fund can The Commission disagrees with this guaranteed by a clearing organization, qualify as an eligible participant for view. To the contrary, the Commission the ability to obtain a guarantee is not section 4(c) contract market transactions notes that, in its experience, most a measure of counterparty under Part 36, or as an eligible swap surveillance problems have arisen in the creditworthiness, and hence the participant under Part 35.30 context of market congestion relating to alternative guarantee test of swap the delivery of physical commodities. eligibility is inapplicable to section 4(c) B. Conditions on Transactions Which Generally, in order to minimize the contract market transactions. Are Included Under Part 36 possibility of market congestion or Accordingly, the final Part 36 rule As summarized above, transactions manipulation, the Commission continues, as proposed, to differ in this included within the proposed Part 36 evaluates the adequacy of deliverable respect from Part 35.29 exemption were required to meet a supplies and delivery procedures during its review of contract market eligible participant and has total assets exceeding Such requirements were not imposed based on the $5 million are already consistent with Part 35, and Commission’s understanding that any floor broker 31 A commenter stated that a physical delivery are being adopted as proposed. or floor trader would, by necessity, be a member in commodity futures contract, in fact, may require 26 The term ‘‘hedge fund’’ is now commonly used good standing of the 4(c) contact market whose that certain documents, rather than the actual to refer to a wide array of private collective transactions thereon would be guaranteed by an commodity itself, be transferred at the time of investment vehicles, usually organized as limited exchange clearing member. The Commission’s delivery. The commenter noted that these partnerships and organized so as to avoid the understanding in this regard was confirmed by one documents create a subsequent contractual application of most securities laws. exchange. A second exchange expressed its view agreement to deliver the physical commodity and 27 See, 17 CFR 35.1(b)(2)(v) (1995). that exchange rules adequately address such therefore such contracts should be eligible to trade 28 The $5 million asset floor being adopted under financial matters. Accordingly, at this time, the as Section 4(c) transactions. The Commission Section 36.1(c)(2)(iv) will apply to hedge funds Commission sees no need to impose explicit disagrees. Most ‘‘physical delivery’’ contracts even though there is no comparable requirement for clearing member guarantee or financial provide for the transfer of documents (e.g., eligibility under Part 35. The Commission believes, requirements on floor brokers and floor traders. warehouse receipts, shipping certificates, vault however, that this slight difference in the 30 Section 36.1(c)(2)(vi) cannot be used to abrogate receipts, etc.) as part of the delivery process. definitions will not disadvantage any hedge funds the limits on commodity pool or other collective However, the ultimate satisfaction of such contracts seeking to participate in Section 4(c) contract investment vehicle eligibility. Section 36.1(c)(2)(vi) is by physical delivery of the commodity pursuant market transactions and provides for consistent (B) and (C) only apply to an entity engaged in risk to exchange-specified rules. Thus, the fact that treatment under Part 36 for commodity pools and management or commercial conduct that has a documents are transferred as a means of executing hedge funds with respect to the imposition of an principal business other than serving as a passive the delivery process does not qualify such contracts asset floor. investment vehicle and is not intended to be for Section 4(c) transactions, because settlement 29 The proposed rules also differed from Part 35 available to passive investment vehicles like ultimately would not be in cash or means other to the extent they did not impose specific financial commodity pools, investment companies or hedge than transfer or receipt of a commodity, as required requirements on floor brokers and floor traders. funds. See also, Section 35.1(b)(2)(vi)(C). by Rule 36.2(a)(1). Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51331 applications for designation. Section 2. Clearing and Related Financial commenters raised a variety of issues 4(c) contracts, however, will not be Integrity Issues relating to the financial integrity required to undergo such a review a. Clearing requirements applicable to all process. Accordingly, the Commission designated contract markets. Under the believes that restricting eligible section Because the exemption deems all proposed pilot program, these financial 4(c) contract market transactions to section 4(c) contract markets to be integrity requirements would be applied those that do not involve physical designated as contract markets, the to section 4(c) contract markets. delivery of a commodity is a prudent Commission also proposed to require Commenters noted that the Commission measure to mitigate concerns regarding that section 4(c) contract markets did not propose, in the context of this the delivery process and deliverable maintain a clearing facility subject to section 4(c) exemption, any supplies. That is not to say, however, Commission oversight, and that the modifications to these requirements and that after gaining experience with the rules of the clearing organization be requested various forms of relief. trading of section 4(c) contract market submitted to the Commission for b. Segregation of Customer Funds transactions during the pilot program, approval pursuant to section the Commission will not revisit this 5a(a)(12)(A) of the Act.32 The For example, the CME, both in its issue for all, or certain classes of, Philadelphia Stock Exchange (‘‘PHLX’’), petition and in its comments on commodities. commented that the Commission should proposed Part 36, asserted that the The proposed limitation on the apply this requirement ‘‘flexibly.’’ requirement of Commission Rule 1.20 to physical delivery of commodities on According to the PHLX, the Commission segregate all customer funds is not section 4(c) contract market transactions should permit, for example, transactions necessary to ‘‘the smooth and safe did contain an exception for the cleared by a registered securities functioning of the Rolling Spot Futures physical delivery of a ‘‘major foreign clearing agency pursuant to a Contracts.’’ 34 However, segregation of currency.’’ The CME suggested that the comparable regulatory scheme. customer funds is a cornerstone of the restriction of this exception to ‘‘major’’ As the Commission noted in its Commission’s customer protection and foreign currencies should be removed Notice of Proposed Rulemaking, in financial integrity framework. In light of from the final regulations. It reasoned proposing these rules it did not intend: its importance to safeguarding customer that the need for risk management by to limit contract markets in section 4(c) funds, the Commission is not prepared participants in markets for many of the contract market transactions to current to grant relief from the segregation ‘‘non-major’’ currencies is as great, if not contract markets or exchanges. In order to requirement. greater, than in the major currency qualify, such an entity would be treated The CBT requested that the markets. In its view, the rule, at a similarly to a board of trade seeking an initial Commission grant an exemption for minimum, should be revised to clarify designation as a contract market. section 4(c) contract market transactions the meaning of ‘‘major currency,’’ a term 59 FR at 54144. Nevertheless, the from Commission Rule 1.25, which the otherwise undefined in the proposed Commission believes that all section CBT describes as a rule prohibiting an rules. The CME suggested that ‘‘major’’ 4(c) contract markets should be subject FCM from investing customer funds in currencies include all currencies for to direct Commission oversight and anything other than U.S. government which there are no legal impediments to enforcement of all of the self-regulator’s securities.35 The CBT views the delivery or cash settlement and in rules, particularly those regarding the permissible investments under Rule which a sufficiently liquid spot market financial integrity of the transactions. 1.25 as unduly restrictive and stated exists. Accordingly, although a clearing agency that there are other liquid investments, The Commission disagrees with the registered under a comparable such as corporate investment grade commenter that physical delivery regulatory scheme such as that bonds, that would be safe, appropriate should be permitted on a section 4(c) administered by the SEC would be investments of customer funds. The contract market for any foreign eligible to clear section 4(c) contract CBT stated that exchanges should be currency, no matter how thin its cash market transactions under Part 36, the allowed to determine how customer market. To the contrary, the cash market entity would, nonetheless, also be funds deposited with an FCM in for a foreign currency must be required to qualify as a clearing connection with trading on these sufficiently liquid and unimpeded by organization under the CEA and exempt markets can be invested.36 legal restraints to permit its ready Commission rules, clear for a board of delivery. Otherwise, the contract would trade which has been designated as a and the parties at risk, is crucial to minimizing be susceptible to manipulation, price section 4(c) contract market, and submit systemic risks. Accordingly, although Section 4(c) distortion or default. Indeed, it was transactions generally may be part of the same its rules for approval to the Commission clearing regimen as non-exempt transactions, based upon this reasoning that the pursuant to section 5a(a)(12)(A) of the nothing in the Part 36 rules would prohibit faster Commission initially proposed to limit Act. or more innovative clearance of these instruments. the exception to physical delivery of In addition to those questions relating 34 58 FR 43424–25. ‘‘major foreign currencies.’’ to the clearing of section 4(c) contract 35 In fact, Rule 1.25 also permits customer funds to be invested in certain municipal securities, However, the Commission agrees that market transactions,33 several the proposed rule’s use of the undefined subject to staff interpretations that such investments must be liquid. Rule 1.25 provides in pertinent part term ‘‘major currency’’ needs 32 The term ‘‘contract market’’ includes a clearing that ‘‘[n]o [FCM] and no clearing organization shall clarification. The final rule, therefore, organization that clears trades for the contract invest customer funds except in obligations of the substitutes the descriptive criteria market. Commission Rule 1.41(a)(3). United States, in general obligations of any State or suggested by the commenter for the term 33 The CME suggested that the Commission any political subdivision thereof, or in obligations permit the clearing of Part 36 transactions on a fully guaranteed as to principal and interest by the ‘‘major currency.’’ That is, physical faster schedule or otherwise in a more innovative United States.’’ See also CFTC Interpretative Letter delivery is permitted in section 4(c) fashion than that provided for traditional No. 86–21, [1986–1987 Transfer Binder] Comm. contract market transactions for foreign designated contract markets. This issue is discussed Fut. L. Rep. (CCH) ¶23,266 (Sept. 17, 1986). currencies which have no legal below, as it relates to trading rules. As a general 36 As an alternative to exemption from Rule 1.25, matter, however, the Commission believes that, for the CBT suggested that the Commission specify an impediment to such a delivery and for all markets, whether traditional or exempt under expanded range of permissible investments of which there exists a sufficiently liquid Part 36, an expeditious clearing system, by reducing customer funds. If this approach were adopted, the cash market. the time during which transactions are unsettled Continued 51332 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations
The Commission believes that it is that currency, the customer will performance bond or margin payment as inappropriate to grant the requested subordinate its claim attributable to currently permitted for futures relief from Rule 1.25 at this time. That funds held offshore in that particular contracts, rather than with full payment rule derives from the statutory foreign currency to the claims of of the option premium. limitations set forth in the final proviso customers whose funds are held in Commission Rule 33.4(a) requires of section 4d(2) of the Act. The dollars or other foreign currencies. payment of the full amount of each investment limitations are intended to Commenters also suggested that the option premium at the time the option assure that the pool of customers’ funds Commission limit the applicability of is purchased. After that rule was remains safe, liquid and available for the subordination requirement of adopted, the issue of whether ‘‘futures- distribution to customers on demand or, Interpretation No. 12 with respect to style’’ margining is also appropriate for following an FCM’s bankruptcy, to section 4(c) funds. Specifically, one options was raised, culminating in facilitate transfers to another firm commenter suggested that a publication in the Federal Register of should that become necessary. subordination agreement should be two petitions to repeal Rule 33.4(a)(2).39 The Commission envisions that required only in ‘‘cases where access to Although a number of supportive customer funds related to section 4(c) funds held in a foreign depository is comments were submitted, many also contract market transactions will be subject to potential restriction by foreign opposed the concept. The pilot program commingled with other customer funds governmental authorities or agencies.’’ for the trading of section 4(c) contract in a combined pool of segregated funds The Commission believes that there is market transactions presents an ideal and would be treated as funds of no basis for applying a different opportunity to test prudently, within customers involved in traditional standard in requiring subordination of the confines of a limited-access market, futures contracts in the event of an section 4(c) and non-section 4(c) the potential benefits and risks of FCM’s bankruptcy. Therefore, it is segregated funds. However, as noted futures-style margining. Accordingly, inappropriate and impracticable to above, the Commission is reviewing this the Commission has determined, in apply provisions different from the and other requirements contained in principle, to permit ‘‘futures-style’’ general provisions of section 4d(2) of Interpretation No. 12 in response to the margining for section 4(c) option the Act and Commission Rules 1.20– recent collapse of Barings and to transactions under the Part 36 pilot 1.30, 1.32 and 1.36 concerning address issues that have developed program, and will consider any such segregation of customer funds to section since Interpretation No. 12 was first proposals submitted. 4(c) contract market transactions. published.38 Any revision of the current Finally, an investment banking firm However, as a consequence of the safeguards for funds held outside the requested clarification of several failure of Barings PLC, the Commission, United States on behalf of customers technical issues relating to financial integrity requirements. Specifically, it joined by regulators and self-regulators trading on futures exchanges in the inquired regarding the terms on which worldwide, currently is reviewing the United States likely will be uniform an FCM may transfer excess funds 40 safeguarding of customer funds, both across section 4(c) and non-section 4(c) belonging to the same customer from an domestically and internationally, to contract markets. account containing section 4(c) contract determine if statutory or regulatory c. Margining of Customer and market transactions to an account changes are appropriate. Proprietary Accounts containing traditional contracts, e.g., Two commenters also suggested that whether a separate signature is required. required subordination agreements Two commenters raised issues Because the Commission will treat relating to customer funds held in regarding the margining of section 4(c) customer funds related to section 4(c) foreign depositories be limited. In 1988, contract market transactions. One contract market transactions the same as commenter recommended that the the Division of Trading and Markets those of traditional futures contracts for Commission permit eligible participants issued Financial and Segregation segregation purposes, it would be initially to cross-margin section 4(c) Interpretation No. 12 to permit funds of unnecessary to maintain separate contracts, and subsequently to cross- United States-domiciled customers to be accounts for section 4(c) and traditional margin section 4(c) and non-section 4(c) segregated in foreign depositories contracts of the same customer. subject to conditions intended generally contracts. Although the Commission has The commenter also expressed the to prevent the dilution of customer not provided for cross-margining as part view that although customer and funds held in segregation in the United of this rulemaking, the Commission proprietary positions in section 4(c) States in the event that an FCM holding would consider such a feature as part of contract market transactions should be segregated funds offshore became the pilot program. In this connection, accounted for in the same fashion as in 37 bankrupt. Among other requirements, the Commission notes that it has non-exempt futures and option the FCM must obtain a customer’s approved numerous cross-margining contracts, to the extent that positions in authorization to deposit its funds into a plans for exchange trading, beginning in section 4(c) contract market transactions foreign depository. The customer also 1988. Accordingly, the Commission may be margined differently than non- must agree in writing that, in the event encourages interested persons to submit exempt futures and options the FCM is placed in bankruptcy and a detailed petition for such a plan transactions, a different adjusted net there are insufficient funds in a foreign during the course of the Part 36 pilot capital treatment might be appropriate. currency to satisfy customer claims in program. The Commission reiterates that the The second commenter suggested that general financial and segregation rules CBT believes it should be available with respect to the Commission allow ‘‘futures-style’’ applicable to non-exempt futures and all funds deposited with an FCM by an eligible margining for option contracts. Futures- participant under Part 36, without regard to whether the customer is trading exempt or style margining would permit the initial 39 See 54 FR 11233 (March 17, 1989). traditional contracts. purchase of option contracts with a 40 The commenter did not define the term ‘‘excess 37 53 FR 46911 (Nov. 21, 1988), reprinted in 1 funds.’’ The Commission uses the terms ‘‘excess Comm. Fut. L. Rep. (CCH) ¶7122. Prior to 1988, the 38 For example, the Federal Reserve Board did not funds’’ and ‘‘free funds’’ to mean the amount by Commission required segregated funds to be held in allow banks in the U.S. to accept deposits which the net liquidating equity in an account the United States except for certain funds of denominated in foreign currencies until January exceeds the initial margin requirement for the foreign-domiciled customers. 1990. positions in that account. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51333 option contracts will apply in the same 150 of its rules only for these reasonably be distinguished * * * based on manner to section 4(c) contract market commodities. In light of the apparent its hedging function and/or pricing basis.44 transactions.41 ability of the currently designated The Commission explained that it contract markets in these commodities 3. Excluded Commodities will base determinations as to whether to fulfill the price basing and hedging proposed section 4(c) contract market The scope of the section 4(c) needs of market users and the untested transactions can be ‘‘reasonably exemption was proposed to be further operation of the Part 36 rules, the distinguished’’ from existing contracts limited by its inapplicability to Commission believes that caution on the same considerations that it now transactions in certain, identified requires that these commodities be applies in deciding whether proposed commodities and by the general excluded from the pilot program. The futures and options contracts are treated restriction that a section 4(c) contract Commission will reconsider this as separate designation applications, market transaction could not be offered determination when it evaluates the and provided several examples of for a contract previously designated as success of the pilot program. instruments that are ‘‘reasonably a traditional contract market. Two The Commission also proposed to distinguishable’’ from existing contracts. commenters objected to section 45 exclude any transaction subject to 59 FR 54145. Nevertheless, several 36.2(a)(3)’s proposed prohibition of commenters complained that the section 4(c) contract market transactions section 2(a)(1)(B) of the Act, 7 U.S.C. 2, including stock index futures contracts, Commission’s inclusion of examples of on specified domestic agricultural 43 acceptable section 4(c) contract market commodities.42 The CME and the CSCE from the scope of the exemptive rules. In contrast to the SEC, which transactions is not adequate to prevent noted that the Commission did not misapplication or misinterpretation of propose to prohibit section 4(c) trading specifically concurred with this part of the proposal, PHLX commented that: the rule’s terms. They suggested that the in many other physical commodities rule be amended to set forth a brighter already trading as non-exempt futures nothing in the section 2(a)(1)(B) limitation on line delineating those transactions and options, such as sugar, coffee, section 4(c) [prevents] the Commission from which could be traded under Part 36. copper, crude oil, lumber, and scrap permitting a securities exchange that obtains The Commission believes that further a designation tailored to its special metal. Any distinction between these enumeration of specific standards or two classes of physical commodities, circumstances or a contract market affiliate of a securities exchange to trade stock index commodity characteristics defining the according to the commenters, would be futures contracts or analogous products universe of permissible section 4(c) artificial. meeting the special criteria for futures contract market transactions would The Commission disagrees. The contracts on groups or indexes of securities unnecessarily restrict the exchanges’ commodities excluded from eligibility in a securities-style environment pursuant to and the Commission’s flexibility for under proposed section 36.2(a)(3) are the requirements of the 1934 Act, as long as innovation under the proposed rules. those agricultural commodities the SEC has an opportunity to express its Because the universe of eligible section specifically enumerated in section 1a of views on such contracts in accordance with 4(c) contract market transactions is so the Act. The Commission is of the the provisions of section 2(a)(1)(B). broad—including a wide range of opinion that these commodities share Accordingly, PHLX asserted that the diverse tangible commodities, financial certain characteristics relating to their proposed exclusion of section 2(a)(1)(B) instruments and indexes—a underlying cash markets and the commodities was overly broad and comprehensive listing of eligibility seasonality of their production, which should be narrowed or deleted in the standards likely would be incomplete, make different treatment appropriate. final rules and that these issues be failing to address questions regarding As the Commission noted in the Notice addressed in the context of novel section 4(c) contract market of Proposed Rulemaking, the transactions that may be designed in the enumerated agricultural commodities individualized requests for exemptive relief. future. Moreover, a detailed listing of are treated differently, as a class, in eligibility requirements could have the Section 2(a)(1)(B) commodities raise other contexts, as well. For example, the unintended effect of excluding certain particular issues in light of the nature of Commission directly administers types or classes of contracts or speculative position limits under Part the underlying cash market and the commodities from the exemption. For special procedures that apply to these reasons, the Commission believes 41 For example, the same distinctions between designation of these commodities. that a broad standard based on two customer and proprietary transactions will apply Accordingly, the Commission continues fundamental economic characteristics of for segregation and adjusted net capital purposes, to believe that inclusion of these so that the amount of customer funds related to futures contracts—their hedging Section 4(c) transactions will be included in the commodities in a pilot program is function or the basis on which they are calculation of an FCM’s minimum adjusted net inappropriate and has determined not to priced—will provide maximum capital requirement. Proprietary positions in such further revise section 36.2(a)(5) at this flexibility to the exchanges in transactions will be subject to the same haircuts as time. The Commission may reconsider proprietary positions in traditional contracts when an FCM computes its adjusted net capital. To the the issue in the future, depending upon 44 Proposed Section 36.2(a)(4) is intended to extent that Section 4(c) contract market transactions its regulatory experience. address, among other things, the concerns result in more long-dated transactions or in More generally, the Commission expressed by some commenters regarding the transactions with features, such as embedded problems of a two-tier marketplace. Although the options, which are substantially different from proposed to limit section 4(c) contract CME and CBT have indicated that they do not customary futures contracts, the Commission will market transactions to transactions intend to trade the same contract on both a Section reassess the continued efficacy of its capital which do 4(c) contract market and a traditional contract requirements and make appropriate adjustments. market, this provision would prevent a Section 4(c) Separately, the Commission may consider whether not involve any commodity futures contract contract market transaction from trading if the same adjustments are appropriate in light of responses to or commodity option for which any board of traditional contract were already trading on a the SEC’s concept release on capital. 58 FR 27486 trade has been designated by the Commission contract market. (May 10, 1993). In addition, the Commission ** * prior to its application to trade as a 45 In that regard, however, Section 36.2(a)(4) recently held a roundtable on capital issues, section 4(c) market transaction, unless it can specifically states that five- and ten-year interest generally. swap futures and option contracts, rolling spot and 42 The rule, however, does allow for Section 4(c) currency forward futures and option contracts and transactions on a broad index of these enumerated 43 See Proposed Section 36.2(a)(5). See also 59 FR flexible options may be listed as Section 4(c) commodities. at 54145. transactions. 51334 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations developing new section 4(c) contract 4. Speculative Position Limits contract market transactions without market transactions, while maintaining Finally, an exchange commenter exposing such transactions to the goal of the rule to avoid two-tiered, opined that the Commission should competition in the pit. The proposal identical markets trading under two exempt section 4(c) contract markets would have permitted exchanges, under differing regulatory regimes.46 from the requirement under Rule 1.61 a pilot program that would provide On a related issue, the CME suggested that they set and administer speculative some relaxation in competitive trading that even if the Commission concludes position limits. The commenter requirements for certain market that the proposed standard separating reasoned that enforcing speculative participants, to develop new trading exempt and non-exempt markets were limits would serve little purpose in light procedures designed to address the appropriate, the mere existence of a of the requirement that all section 4(c) needs of their increasingly institutional similar, previous contract market contract markets (except for foreign market participants and to compete designation is an overly-broad criterion. currencies) be cash-settled. more aggressively with the OTC market. The comment suggested that the As the Commission articulated in the The proposal also would have required prohibition should apply only to Notice of Proposed Rulemaking, exchange compliance with certain contracts that have open interest at the Commission Rule 1.61 already is regulatory safeguards in order to time a Part 36 market proposes to list applied quite flexibly, permitting the maintain essential market and the section 4(c) transaction; otherwise, exchanges to substitute various position appropriate customer protection. competing exchanges could stymie accountability rules for speculative After reviewing the comments to innovation by obtaining traditional position limits for many futures and proposed section 36.3 and customer contract market designations for markets option contracts. However, commenters protection rules in other markets, the which are never listed for trading. have argued forcefully that OTC markets Commission has determined to adopt and foreign exchanges enjoy a section 36.3, modifying it from the The Commission agrees that this competitive advantage by generally not proposal to address certain comments. comment has merit. The Commission providing for any type of position As adopted, section 36.3 provides a intends that the above provision only accountability or position limit rules. framework of safeguards intended to set limit the trading of two-tiered markets, The Commission, nevertheless, and does not intend for it to be a means continues to believe that these types of forth non-exclusive conditions for the of forestalling competition. Accordingly, rules provide the exchanges with a execution of section 4(c) contract market the Commission is modifying the useful and flexible tool for addressing transactions. Section 36.3 would permit restriction, limiting the availability of market surveillance concerns. expeditious review of exchange rules the Part 36 exception only to contracts In any event, based upon the without prejudicing the ability of the that are trading at the time a board of continuing perception of some industry exchanges to request Commission trade proposes to list for trading a sources that the existence of these rules approval of other procedures pursuant section 4(c) contract market, rather than on U.S. futures exchanges is an actual to the usual rule approval procedures to all designated contract markets. source of competitive disadvantage, the under section 5a(a)(12)(A) of the Act Traded contracts are those in which any Commission, by adding a new and Commission Rule 1.41(b). transactions occurred during the six subsection (b) to section 36.2, is Effectively, the Commission is complete consecutive calendar months exempting section 4(c) contract markets establishing a framework of safeguards preceding the date of application to from the requirements of Rule 1.61. for transparent, negotiated off-floor/ex- 47 trade a section 4(c) contract market. However, the decision of an exchange to pit trading. Experience with the discard this particular device from its permitted procedures may be required 46 One commenter specifically requested that the surveillance tool chest does not, in any to determine whether other or different Commission clarify whether a contract based on limitations are necessary or whether the cash-settled North Sea crude oil or a contract based way, diminish the exchange’s on cash-settled West Texas Intermediate (WTI) responsibilities under the Act to assure type of activity that should be deemed crude oil would be considered ‘‘reasonably orderly markets. Accordingly, to be in violation of the applicable anti- distinguished’’ from the existing light sweet crude exchanges remain free, as a matter of fraud rule should be further specified. oil futures contract which provides for physical Therefore, the Commission intends to delivery of, and for which the pricing basis exchange discretion, to apply position represents, WTI. Regarding the former, North Sea accountability or speculative position evaluate its experience with contract crudes are distinct from WTI, having different limit rules to section 4(c) contract market rules adopted under section 36.3 (albeit related) pricing characteristics, so that a markets. twelve months after such rules become WTI-based crude oil contract may not meet the effective and to propose, if necessary, hedging needs of firms having positions in North C. Trading Rules and Procedures Sea crudes. Accordingly, Section 4(c) transactions modifications or limitations to the would be permitted for cash-settled North Sea 1. The Proposed Rule parameters for section 4(c) trading rules crude oil, since the hedging and pricing functions Proposed section 36.3 would have set forth herein to address any market of these transactions would be distinguished from problems which it observes. the existing designated WTI-based crude oil permitted a board of trade to submit for contract. In contrast, a cash-settled WTI crude oil Commission approval flexible trading Paragraph (a) of proposed section 36.3 contract would not be permissible, since there procedures for section 4(c) contract provided that a board of trade could should be no material difference in the pricing basis of the contracts (both would reflect the value of market transactions which were not submit for Commission approval section WTI crude oil at Cushing, OK) and the hedging uses required to comply in all respects with 4(c) contract market trading rules to provided by each contract would be identical. existing competitive trading permit trading procedures for section 47 The six-month period is consistent with the requirements and other trading 4(c) contract market transactions that do time period specified in Commission Rule 5.2 for classifying designated contract markets as standards relative to the exposure of not satisfy all of the requirements of ‘‘dormant,’’ after which Commission approval is orders and trades. The proposal Commission Rules 1.38(a), 1.39, 155.2, required to reactivate trading. However, the represented a substantial change in the 155.3 and 155.4. Paragraph (b)(3) of the Commission is not including as a condition for principles underlying the required proposed regulation, however, required Section 4(c) eligibility, Rule 5.2’s five-year grace period, which commences at designation, during method of trading futures and futures compliance with Commission Rules which a designated market is exempt from being option contracts in that it would have 155.2, 155.3 and 155.4 to the extent considered ‘‘dormant.’’ allowed the execution of section 4(c) applicable. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51335
2. Specific Exemptive Relief provided that certain additional recordkeeping requirements set forth in requirements were satisfied.50 Commission Rule 1.38(b), which Two commenters requested that the Exchanges also may submit for requires the special identification of Commission provide increased Commission review and approval, such transactions, must be satisfied for specificity with regard to the kinds of pursuant to the usual rule approval all transactions executed using special transactions that could be executed procedures contained in section execution procedures. This is intended using section 4(c) contract market 5a(a)(12)(A) of the Act, and Commission to permit identification of such trading procedures. Specifically, the FIA Rule 1.41(b), other section 4(c) contract transactions as different from regular stated that it would be helpful ‘‘if the market rules which do not conform to contract market transactions for price Commission would further set out the the specific trading standards set forth discovery purposes. kinds of core trading practices it in section 36.3 and which do not satisfy believes would be acceptable in the b. Customer Orders and Disclosure the requirements of the Act and Requirements exempt exchange markets.’’ The CBT Commission regulations with regard to stated that the ‘‘proposal would be competitive trading requirements and Customer orders that could be greatly improved if the agency could other trading standards relative to the executed using special execution provide some concrete idea of the kinds exposure of orders and trades. procedures, i.e., where the FCM or floor of procedures that would be acceptable In this regard, the Commission has broker takes the opposite side of a under the exemption.’’ The CBT further provided greater specificity to give customer order for its own account or recommended that the Commission further content to the type of flexibility executes orders directly between make explicit in its exemptive relief it intends to provide the exchanges to customer accounts of different whether trading opposite customer adapt trading procedures to new principals, would be required to satisfy orders and matching trades between products, technology and market certain recordkeeping and disclosure customers or between customers and circumstances without sacrificing requirements in lieu of those now set FCMs would be permitted. important customer and market forth in Commission Rules 1.39, 155.2, The Commission believes that these protections. For example, it is the 155.3 and 155.4, but in addition to those comments have merit and has modified Commission’s belief that boards of trade required where members trade opposite the trading rules requirements to designated as section 4(c) contract each other. provide explicit relief in the form of a markets could have market makers with The exchanges’ rules must prohibit safe harbor from the requirements of affirmative obligations, specialist the FCM or floor broker from disclosing sections 4b(a)(iv), 4b(b) and 4c(a) of the systems, ‘‘all or nothing’’ large-trader customer order information for purposes Act, 7 U.S.C. 6b(a)(iv), 6b(b), and 6c(a), execution procedures and other trading other than to facilitate the execution of and Commission Rules 1.38(a), 1.39, procedures currently not necessarily that order. The exchanges’ rules also 155.2, 155.3 and 155.4 for section 4(c) consistent with Rules 1.38 and 1.39. The must require that an FCM or floor broker contract market transactions executed Commission would, however, expect provide certain disclosure to affected using ‘‘special execution procedures’’ in the exchanges to have procedures to customers. Before the FCM or floor accordance with exchange rules that protect the integrity of pricing and to broker executes the first transaction meet certain standards and are monitor compliance with the conditions using special execution procedures for a permitted to become effective by the and limitations of the relief as set forth particular customer, he must provide Commission. For section 4(c) contract herein, consistent with the affirmative the customer with a description of such market transactions, such special obligations of exchanges to enforce procedures and, in particular, describe execution procedures could permit compliance with existing exchange and how such procedures differ from noncompetitive bids, offers, negotiation Commission rules. competitive on-floor trading procedures. and/or execution of such orders and The Commission believes that the FCM a. Recordkeeping and Audit Trail transactions. or floor broker should be required to Requirements make such disclosure to the customer Subject to the requirement that they only once, prior to the first transaction satisfy certain specified Commission As previously stated, all transactions executed using special execution executed under such procedure for that recordkeeping and audit trail customer, and that the disclosure requirements, the Commission would procedures must satisfy certain recordkeeping and audit trail should focus primarily on the allow exchange rules providing special differences relative to the method of execution procedures to become requirements. Paragraph (e)(1) of section 36.3 requires that the contract market determining the price at which the effective. These special procedures transaction is to be executed. Thus, would permit a member to trade for his provide for record maintenance and retention consistent with Commission although permitting certain practices own account opposite the account of which currently are prohibited in the 48 Rule 1.31. The audit trail for all another member, permit an FCM or exchange environment, these rules floor broker to take the opposite side of transactions executed using special execution procedures must meet the nevertheless will provide a greater a customer order for its own account, or degree of regulatory protection than is permit the execution of customer orders books and records, trade register, trade timing, and contract market oversight the case for similar OTC transactions. of different principals directly between FCMs and floor brokers executing customer accounts.49 The Commission requirements of Rules 1.35(a), (e), (g) and (i), respectively.51 In addition, the customer orders also would be required also would allow to become effective to satisfy certain audit trail and exchange rules that permitted the 50 Section 36.3(d). Any section 4(c) contract recordkeeping requirements in that the execution of section 4(c) contract market market transactions executed competitively on-floor FCM or floor broker must create and transactions using any combination of must comply with applicable Commission maintain a written record, such as an special execution procedures and regulations and exchange rules that currently office order ticket, reflecting each competitive on-floor trading procedures govern competitive on-floor trading. 51 In order to meet the trade timing requirement customer order. The record must for transactions executed using special execution 48 Section 36.3(b). procedures, the contract market rule must specify and reported to the exchange immediately 49 Section 36.3(c). that the actual time of execution must be recorded following the execution. 51336 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations include customer account identification, buy order or minimum price on a sell The Commission believes, however, order number, time of order receipt and, order also would fulfill the requirement. that the exchanges should be free to in addition, must include in the terms In addition, where special execution develop approaches that would best of the order, some price-specific procedures may be used to fill large serve the identified needs of their instruction provided by the customer. orders that cannot be filled in a single customers consistent with the rule. In The Commission is adding the transaction, thereby requiring partial this connection, exchange rules requirement that the customer provide executions at different times and prices permitting the use of combined some price-specific instructions or to obtain a complete fill, a customer- procedures would be required to set indications to assure that the customer provided range of acceptable prices at forth the circumstances under which has had an opportunity to determine a which transactions could be executed to such transactions could or should occur price at which the transaction should be fill the order would meet the competitively on-floor, i.e., under what executed, in that exchange markets, requirement. conditions, when, and to what extent unlike OTC markets, contemplate In proposing section 36.3, the any portion of a section 4(c) contract agency as well as principal-to-principal Commission indicated that regulations market order should be exposed to the transactions. The Commission notes for which exchange alternatives could pit. that, unlike trading on most other be submitted include the audit trail Of course, each exchange will markets and the futures exchanges,52 requirements of Commission Rule continue to have an affirmative there will be no published or otherwise 1.35.55 A Commission Administrative obligation under sections 5 and 5a of the open or publicly, readily available bid Law Judge urged the Commission not to Act and Commission Rules 1.51 and or offer prices for transactions executed amend Commission Rule 1.35(a–1), 1.52 to carry out a program for the using special execution procedures.53 which generally requires FCMs, enforcement of its rules relating to the The only pricing data that would be introducing brokers and contract market trading of section 4(c) contract market publicly available to the customer is the members to identify customer accounts transactions. This includes, in post-execution report of previous upon receipt before the trades are particular, those rules relating to special transactions, required to be executed.56 According to this execution procedures and the associated disseminated by paragraph (e)(2) of Rule commenter, ‘‘[e]ven the most procedures that the exchange has in 36.3.54 sophisticated clients will be unable to place to address the maintenance of Under these circumstances, the protect their own interest if the orderly markets which are free from Commission believes that requiring Commission omits th[is] very tool such fraud and other abuses. As stated above, some price indication, rather than just clients would use to detect fraud.’’ the Commission will evaluate its specifying ‘‘market price,’’ for instance, The Commission agrees that customer experience with section 4(c) contract provides a means to help the customer account identification can be an market transaction special execution determine whether the FCM or floor important component in detecting procedures after their implementation broker is fulfilling his fiduciary duty to customer abuse. The information and determine whether further specific exercise due diligence in the execution required to be recorded on the written guidance is necessary or appropriate. of the customer’s order. It also is record that must be created by the FCM In addition, exchange rules that intended to improve the enforceability or floor broker for each section 4(c) permit section 4(c) contract market of section 36.9, which prohibits fraud contract market customer order exceeds transactions to be executed using any and manipulation in connection with that required by Commission Rule combination of special execution section 4(c) contract market 1.35(a–1). In addition to account procedures and competitive on-floor transactions. identification, order number and time of procedures must provide that any The customer-provided, price-specific order receipt, the written record must transaction executed using special information could take various forms. A include the terms of the order, execution procedures must be in ‘‘limit order’’ or an order that contains including, as previously discussed, compliance with the requirements of a specific, negotiated price at which the some price-specific instructions from paragraphs (b) and (c) of section 36.3, customer wants the order to be executed the customer. discussed above. As previously stated, may be examples of such information. A any section 4(c) contract market c. Combination Transactions customer-provided maximum price on a transaction executed competitively on- Paragraph (d) of section 36.3 provides floor must comply with applicable 52 Trades executed directly between customers, in that if they meet certain additional the securities ‘‘fourth market,’’ do not have any requirements, section 4(c) contract bid, offer, and transaction size to the floor. The price reporting or other pricing requirements. market rules could permit transactions member must then wait a reasonable amount of 53 Unlike auction markets or markets with to be executed using a combination of time to allow the ‘‘crowd’’ (including specialists) to designated market makers, prices for transactions trade against either side before completing the using special execution procedures would be special execution procedures and transaction. In addition, NYSE Rule 127 provides determined through negotiation. Nonetheless, competitive on-floor procedures. The that members who bring block trades to the floor Exchange rules could require that members exchange could require, for example, that are priced outside current quotations must maintain and disseminate bid and offer prices. that some, or all, of any section 4(c) permit the crowd to participate in a portion of the 54 Certain trades executed by affiliated investment block. See also NYSE Rule 72, which provides companies, however, have a pricing restriction contract market transactions negotiated priority to an agency cross transaction where both imposed by Regulation 17a–7, 17 CFR § 270.17a–7 using special execution procedures be orders consist of 25,000 shares or more. See also (1995). Under this regulation, transactions that are exposed to the floor for execution.57 In SEC Release No. 34–35837 (June 12, 1995)(order (1) at current market prices, (2) between certain this regard, the CSCE commented approving proposed NYSE rule changes that affiliates, and (3) reviewed by the affiliates’ boards, prevent members with knowledge of block orders are exempt from the prohibition against affiliated for execution after the close from effecting investment company transactions contained in 55 59 FR at 54145. transactions in that stock with the intention of Section 17 of the Investment Company Act of 1940. 56 This commenter also made a passing reference reversing the position by participating in the contra- Pension law also imposes some restrictions on to Rule 1.35(a-2), but did not provide any further side of the block trade and that require members to transactions between affiliated entities. The explanation. establish and maintain procedures reasonably exchanges may want to impose their own 57 New York Stock Exchange (‘‘NYSE’’) Rule 76, designed to review block trading activities). that ‘‘it restrictions on the pricing of affiliated transactions which governs cross trading, requires that a member is inappropriate, in the case where transactions can in this market in order to attract customers who who has set up a block trade and is bringing it to occur both in the pit and off the floor, to not require operate under such restrictions. the floor to be crossed first announce the proposed a potential trade to be exposed to the pit.’’ Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51337
Commission regulations and exchange 3. Price Transparency that required for trades subject to 62 rules that currently govern competitive As the Commission stated in Commission Rules 1.38 and 1.39. on-floor trading. Finally, an exchange proposing section 36.3, transactions 5. Price Reporting for Block Trades rule that permits transactions to be under this provision must be The Commission also requested executed using such a combination of transparent.60 In that regard, paragraph comment on whether to require the procedures must include a specific (e)(2) of section 36.3 requires the prohibition against frontrunning dissemination of separate pricing immediate post-execution report of each 63 58 information for block trades. The FIA between the on- and off-floor markets. purchase and sale transaction executed commented that ‘‘an exchange using special execution procedures by Morgan Stanley, among others, submitting a proposed block trading the member specified by exchange rule commented that the Commission should procedure should be afforded the and the dissemination thereof. The clarify the extent to which its relaxation alternatives of including a separate price required information includes, at a of trading restrictions and, in particular, reporting system or explaining why one minimum, price, quantity and contract. the relaxation of restrictions on off-floor is not appropriate or necessary to The Commission believes that the discussions permitted under proposed protect the public interest.’’ The CME dissemination of this information is section 36.3 is applicable to the commented that ‘‘the requirement of a critical for price basing purposes and, execution of positions in non-exempt separate ticker for non-standard trades therefore, has noted in paragraph (e)(2) futures or option contracts which are would be both unnecessary and of the regulation that special execution related to section 4(c) contract market potentially burdensome.’’ The transactions may be executed only transactions. For example, although, Commission has determined that the during hours in which such immediate under proposed Rule 36.2(a)(4), an reporting and dissemination of special post-execution dissemination of price exchange would not be able to trade execution transactions under existing basing information is available.61 The identical section 4(c) and non-exempt reporting systems should be satisfactory Commission believes that the exchanges futures or option contracts, traders may so long as special execution transactions seek to trade on spread relationships should determine how best to structure their proposals so as to assure the are clearly identified as such when between exempt and non-exempt 4(c) reported and disseminated and such contracts. integrity of the prices set pursuant to special execution procedures. The transactions are executed only during The commenter suggested that the Commission wishes to provide the hours when existing reporting systems trading rules governing section 4(c) exchanges significant flexibility to are available to make immediate post- contract market transactions should be address this issue. In addition to other execution dissemination. Of course, applicable in instances where a trading appropriate steps, an exchange could exchanges may choose to operate a strategy involves both exempt and non- establish a minimum transaction size or separate but comparable ticker for exempt transactions. The Commission could combine special execution section 4(c) contract market disagrees. Where a trading strategy procedures and on-floor procedures. transactions. involves transactions executed under The Commission also believes that to 6. Prohibition Against Fraud and both special execution procedures and fulfill their other self-regulatory Manipulation on-floor competitive procedures, the obligations, exchanges will have to Paragraph (c) of proposed section 36.3 trader may not rely on its safe harbor for define monitoring or other surveillance would require that rules submitted special execution trading procedures to procedures to ensure compliance with under this section describe the manner govern both,59 although other exchange these transaction reporting in which the rules or procedures would rules which address this situation could requirements. be submitted for Commission assure compliance with the provisions consideration. 4. Clearing of sections 4b and 4c(a) of the Act Paragraph (b)(5) of proposed section prohibiting false reports, frontrunning, misuse of information, fictitious sales, 58 Commission staff reviewed frontrunning 36.3 would require that transactions be prohibitions on other markets. See, e.g., NYSE/CME reported to clearing, and be cleared, on wash sales, and abuse of customer Joint Frontrunning Interpretation (November 27, the same schedule as trades subject to orders. This paragraph has been 1989)(prohibiting trading to take advantage of Commission Rules 1.38 and 1.39 or replaced by paragraph (e)(4) of section material non-public information about a trade in the 36.3.64 This new paragraph requires that option, stock, or stock index futures markets that otherwise be immediately reported to can be expected to have a favorable impact on the clearing. The CME commented that the rules submitted under this section trading); SEC Release No. 34–27047 (July 19, proposal, taken literally, ‘‘would provide for compliance with section 1989)(order approving proposed NYSE rule changes prohibit an exchange from using a Part 36.9, which prohibits fraud and that relate to the Joint CME/NYSE Frontrunning manipulation in connection with Interpretation); NASD Frontrunning Policy 36 product as a testing ground to (prohibiting trading to take advantage of material develop faster and more accurate section 4(c) contract market non-public information about a trade in the option procedures for clearing transactions.’’ transactions, except that any trade or stock markets that can be expected to have a The Commission believes that this executed using special execution favorable impact on the trading); and NASD procedures need not be executed in Schedule G, Section 4(f)(1), Trading Practices comment has merit and, in paragraph (prohibiting members from buying or selling (e)(3) of this regulation, requires the securities while holding unexecuted market or limit report to clearing, and clearing, of each 62 The section 4(c) contract market clearing orders). special execution transaction as quickly organization would have an affirmative duty under 59 the Act and Commission Regulations to enforce its For example, in the case of a spread, the trader as practicable, but in no event later than could comply with the competitive on-floor trading rules, and would be subject to recordkeeping, procedures applicable to the non-exempt portion of documentation, and other applicable requirements. the spread for both sides, or the trader could leg 60 59 FR at 54147. 63 As an example, the Commission noted that the into the spread transaction using the particular 61 In proposing Rule 36.3, the Commission stated NYSE and its vendors maintain a separate ‘‘block trading procedures which are available to each side the following: ‘‘To the extent that a proposal for trade’’ ticker which runs throughout the day and of the spread. In any event, the trader could not rely section 4(c) contract market transactions might reflects only the size and price of block trades. upon the existence of special execution procedures provide for trading when the exchange floor is 64 With regard to customer orders, paragraphs (c) as the basis for non-compliance with the rules closed, the Commission would still require the and (d) of the regulation provide more guidance as which are applicable to trading traditional immediate report and dissemination of that to what activity the Commission would consider to designated futures and option contracts. transaction information.’’ 59 FR at 54147. be prohibited. 51338 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations compliance with section 4b(a)(iv) of the 7. Safe Harbor Provision large order execution procedures. If a Act. Paragraph (f) of section 36.3 contract market submits for review large Section 36.9 provides, among other enunciates the ‘‘safe harbor’’ provisions order execution procedures for section things, that it shall be unlawful to cheat, of the regulation. Transactions in 4(c) contracts which are substantially defraud or deceive or attempt to cheat, exempt contracts executed in similar to procedures approved by the defraud or deceive any other person or compliance with special execution Commission pursuant to Commission to willfully make any false report or procedures contained in exchange rules Rule 1.39 for non-section 4(c) contracts, statement. The Commission believes that are permitted to become effective then such procedures shall be deemed that compliance with these provisions, shall not be deemed to be in violation effective upon Commission receipt when combined with compliance with of sections 4b(a)(iv), 4b(b) or 4c(a) of the thereof. the other specific customer protection Act or Commission Rules 1.38(a), 1.39, Proposed exchange clearing and provisions included in section 36.3, 155.2, 155.3 and 155.4. Transactions in financial integrity rules are not eligible should provide for appropriate customer exempt contracts that are not executed for review under these expedited protection safeguards. Rules submitted in compliance with such exchange rules procedures and, thus, are subject to the pursuant to paragraph (c) of section shall be deemed to be in violation of usual rule approval procedures under 36.3, which would permit customer section 36.3. section 5a(a)(12)(A) of the Act, 7 U.S.C. order transactions to be executed using 7a(12), and Commission Rule 1.41(b). In special execution procedures, require a 8. Procedures for Permitting Rules to addition, pursuant to paragraph (g)(5), specific prohibition against the Become Effective exchanges may submit for Commission improper disclosure of customer order Section 36.3 provides for expedited review and approval, pursuant to the information. Rules submitted pursuant procedures under which section 4(c) usual rule approval procedures to paragraph (d) of Rule 36.3 which contract market trading rules may be contained in section 5a(a)(12)(A) of the would permit transactions to be permitted to become effective. Pursuant Act and Rule 1.41(b), other section 4(c) executed using combined special to paragraphs (g) (1) and (2) of the contract market rules which do not execution and on-floor competitive regulation, section 4(c) contract market conform to the specific trading procedures, require a specific trading rules must be submitted to the standards set forth in section 36.3 and prohibition against frontrunning. Commission for review prior to which do not satisfy the requirements of Further, these safeguards apply in a becoming effective. Such rules may the Act and Commission regulations. market already limited to specified become effective ten days after receipt D. Listing Procedures eligible participants. by the Commission unless the In addition, the Commission believes Commission, within that ten-day period, The proposed rules specify a 10-day that it is important to provide examples notifies the submitter that the proposal notification requirement prior to listing of trading activity that would be does not meet the conditions of this new section 4(c) contract market permissible and activity that could section. Pursuant to paragraph (g)(4) of transactions. Most commenters constitute fraud and customer abuse in section 36.3, any subsequent proposed supported the proposed 10-day violation of section 36.9. It would be modifications of such rules consistent notification requirement. Several permissible to engage in anticipatory with this section shall be subject to the commenters further suggested that a 10- hedging. An FCM or floor broker would same expedited Commission review day period should apply to all be allowed to cover when he took the procedures. In the event that the trading exchange-traded contracts or to certain opposite side of a customer order. It rules, or subsequent modifications categories of such contracts, such as would not be permissible for an FCM or thereof, are not permitted to become financial futures and options. One floor broker executing transactions effective, they shall be subject to the commenter stated that the Commission using special execution procedures to usual rule approval procedures under should allow new section 4(c) contract take the opposite side of a customer section 5a(a)(12)(A) of the Act, 7 U.S.C. market transactions to become effective, order when doing so would deny the fill 7a(12), and Commission Rule 1.41(b). and to begin trading, immediately to another customer. For example, if an Paragraph (g)(3) of section 36.3 following the Commission’s receipt of FCM or floor broker were to receive provides for expedited review of certain notice. This commenter further noted matching buy and sell orders from that, if the Commission thereafter different customers, the FCM or floor or from a customer of another member, and determines that trading in a new section broker should not take the opposite side continue to trade that security for its own account 4(c) transaction violates the listing at prices that would satisfy the customer limit order of one of the customer orders if doing standards in Rule 36.2, the Commission so would result in the inability to fill without filling that order at the limit order price or at a price more favorable to the customer. Limit could take appropriate measures, the order of the other customer. It also orders for retail customers that involve 10,000 suspending trading without a prior would continue to be impermissible for shares or more and a value of $100,000 or greater adjudication, pending further review. an FCM or floor broker to trade ahead are exempt from this prohibition, as are limit orders The Commission believes that a 10- of a customer order to the disadvantage of any size for institutional accounts. The NASD Rules of Fair Practice define an institutional day advance notification requirement is of that order.65 account as an account of a bank, savings and loan appropriate. This limited period should association, insurance company, or registered 65 With certain exceptions, trading ahead of investment company; a registered investment allow flexibility in listing new eligible customer orders recently has been restricted in the adviser; or any other entity (whether a natural products without impairing exchanges’ OTC securities markets. On May 22, 1995, the SEC person, corporation, partnership, trust, or ability to respond rapidly to market issued Securities Exchange Act Release No. 35751 otherwise) with total assets of at least $50 million. situations. The Commission will (May 22, 1995), 60 FR 27997 (May 26, 1995), an (‘‘Release 34–35751’’). See also NYSE Rule 92 order approving a proposed rule change submitted (limiting members’ trading when they hold an evaluate whether the notification period by the National Association of Securities Dealers, unexecuted customer order); NASD Schedule G, should be eliminated or revised, and Inc., (‘‘NASD’’) relating to limit order protection on Section 4(f)(1), Trading Practices (prohibiting whether the 10-day notification NASDAQ. The rule change amended NASD’s members from buying or selling securities while provision should be extended to certain interpretation to Article III, Section 1 of the NASD holding unexecuted market or limit orders); and Rules of Fair Practice. The interpretation generally CBOE Rule 6.73 (requiring a floor broker to handle non-section 4(c) contract market provides that a member firm cannot accept a limit an order using due diligence to execute the order transactions, when it evaluates trading order in a NASDAQ security from its own customer, at the best price available to him). experience under the pilot program. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51339
E. Reporting requiring a specific statement or format, eligible Part 36 participants, FCMs and the proviso to proposed section 36.7(a) IBs be given the choice of using either Proposed section 36.5(f)(2) would would require an FCM or, in the case of a specially-prepared disclosure require traders to provide to the an introduced account, an IB, to furnish document or the current generic, two- Commission information specified in an eligible participant with disclosure page disclosure statement available for Commission Rule 18.04 within one appropriate to the particular instrument non-exempt products. Morgan Stanley business day following receipt of a and the eligible participant prior to the suggested that FCMs and IBs would special call. Commission Rule 18.04 eligible participant’s entry into the first prefer a safe harbor which required relates to reports regarding a trader’s section 4(c) contract market transaction them to furnish the basic risk disclosure positions and transactions in a involving a particular instrument.68 statements that are currently generally particular market as well as identifying, Proposed section 36.7(b) makes clear, required, supplemented as specified by and other, information contained on however, that these provisions do not the section 4(c) contract market. CFTC Form 40. One commenter relieve an FCM or IB from any other The Department of Labor noted that questioned whether it is realistic, and disclosure obligation it may have under while the proposed Part 36 rules would necessary, to expect such information to applicable law.69 provide relief from providing certain be furnished by a large trader in that Several commenters addressed this disclosure requirements to sophisticated time frame. The commenter stated that issue. The CBT stated that proposed investors, pension plan fiduciaries may it would be preferable to rely upon the section 36.7 leaves to an FCM or IB the nonetheless be required by ERISA to contract markets and FCMs to provide flexibility to determine what level of request and obtain much of the the data in such a time-sensitive risk disclosure is appropriate for eligible otherwise required information in order fashion, noting that a federal regulatory participants, thereby freeing FCMs and to meet their statutory obligations. The requirement for recordkeeping by IBs from having to provide the CFTC- Department further noted that to the reportable traders would discourage mandated disclosure forms to new extent such information is either participation in section 4(c) contract customers, and reducing the unavailable or difficult to obtain, market transactions. competitive advantage foreign firms pension plan investment in exempt As suggested by the commenter, the now enjoy in the risk disclosure area. transactions may be adversely affected. Commission normally would rely on NYMEX also supported proposed The Commission has carefully clearing member reports in conducting section 36.7 as a sensible approach considered these comments and has routine oversight of the section 4(c) given the fact that the likely customers determined to adopt section 36.7 as contract markets. However, the of the section 4(c) contract market will proposed. The Commission believes that Commission believes that the special be sophisticated entities. this rule provides FCMs and IBs with call provisions in proposed Rule 36.5(f) Other commenters, however, sufficient flexibility concerning risk are necessary in order to preserve its expressed concerns about proposed disclosure with respect to section 4(c) ability to respond fully and flexibly to section 36.7. A futures industry contract market transactions, yet still concerns it may have regarding association stated that because persons requires, in accordance with section 4b potential or developing market who qualify as eligible participants in of the Act, that all material information congestion, disruptions or other section 4(c) contract market transactions be disclosed. The Commission believes anomalies in section 4(c) contract are capable of obtaining whatever this approach is consistent with that set market transactions. The Commission information they need before engaging forth in Rule 4.7. For those FCMs and plans further to review its information in such transactions, a specific IBs seeking guidance in this area, the needs during the course of the pilot requirement to provide disclosure is Commission believes, as a general program, but notes that prompt access to unnecessary. It also expressed concern, proposition, that providing the generic however, that customers would be large-trader information also has been risk disclosure statement approved in bombarded with differing disclosure fundamental to its effective response to July 1994, together with any additional documents that could become the basis market disruptions posed by financial risk disclosure developed by the of lawsuits or arbitration claims. Others problems at firms holding large contract market upon which the section agreed that proposed section 36.7 might concentrations of positions. 4(c) contracts are traded, as required create uncertainty, increasing the risk of hereunder for special execution F. Risk Disclosure, Temporary litigation without decreasing the burden procedures, would be appropriate.70 Licensing, and Dispute Resolution and volume of disclosure. They urged The Commission reiterates, however, the Commission to follow here an 1. Risk Disclosure that all material information must be approach similar to Commission Rule disclosed. Thus, the circumstances The Commission proposed, in section 4.7. 36.7, to permit accounts to be opened The CME recommended that to the relating to a particular instrument and for section 4(c) contract market extent that any disclosure is required for customer should be considered by an transactions without furnishing an FCM or IB. For example, to the extent eligible participant with the basic risk Kingdom and in Ireland. Several other jurisdictions instruments are priced ex-pit, how disclosure statements applicable are considering its adoption. 70 generally to non-exempt futures and 68 Because Section 4(c) contract market The Commission notes a general trend toward transactions may be different from traditional the use of generic risk disclosure statements for option contracts under Commission futures and option contracts, and are limited to the newer products. For example, the Framework For Rules 1.55, 1.65, 33.7 and 190.10,66 or eligible participants specified in the rule, the Voluntary Oversight published by the Derivatives the Commission’s generic risk Commission expressed its belief in proposing Policy Group in March 1995 includes on page 37 67 Section 36.7 that it may be preferable to substitute thereof a guideline for professional intermediaries disclosure statement. In lieu of for standard disclosure statements, such disclosure on generic risk disclosure which states that ‘‘[a] as may be appropriate to the customer’s expertise professional intermediary should consider 66 The basic risk disclosure statements are and financial capacity. See, 59 FR 54139, 54149– providing new nonprofessional counterparties with intended to provide a brief description of some of 54150. disclosure statements generally identifying the the risks attendant to futures and options trading 69 The Commission explained that this provision principal risks associated with OTC derivatives and are designed to be understood by all customers. was included as a reminder that Section 4b of the transactions and clarifying the nature of the 67 59 FR 34376 (July 5, 1994). This statement Act requires all material information to be relationship between the professional intermediary currently can be used in the U.S., in the United disclosed. 59 FR 54139, 54150 & n.47. and its counterparties.’’ 51340 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations prices are obtained may be relevant in Several commenters addressed the employers. The CBT stated that this certain cases. This requirement does not registration issue. The NFA, which has would unduly restrict the potential change existing requirements under been delegated a substantial portion of number of limited registrants able to sections 4b and 4o of the Act. The registration functions by the market section 4(c) contract market Commission particularly notes that the Commission, although commending the transactions and suggested, as a remedy, primary relief accorded to customers Commission’s desire to streamline the the creation of a ‘‘limited’’ IB trading only in section 4(c) contract proficiency testing and fingerprint registration category for securities market transactions is the waiver of the requirements for persons who limit broker-dealers or banks in good standing acknowledgment requirement otherwise activities to section 4(c) contract market under their respective federal regulatory applicable to non-section 4(c) transactions and recognizing the need schemes.72 customers. This relief should materially for flexibility, expressed the concern The Commission disagrees with facilitate access to such transactions, that different registration procedures various commenters’ recommendation particularly for offshore customers and ultimately could be time-consuming, to delete registration requirements for securities customers who are confusing, and administratively section 4(c) contract market transactions unaccustomed to acknowledging cumbersome. The FIA agreed, noting, in sales persons. Registration is a key disclosures. For business or internal addition, that it would be difficult for element in an effective regulatory and control purposes, of course, firms would the industry to develop compliance enforcement program. In addition, the be free to retain the acknowledgment procedures. The CME reasoned further, Commission believes that fitness checks procedure. that although such special procedures and a proficiency testing, training or With respect to ERISA concerns, the may be useful in the longrun, initially experience requirement are necessary. Commission notes that section 36.7 does they would be costly to develop and However, the Commission has not relieve an FCM or IB from any other would apply to only a small subset of determined to adopt the CBT’s disclosure obligation it may have under the industry. alternative suggestion for a ‘‘limited’’ IB applicable law. Thus, to the extent The FIA stated that it was unclear registration category. Rule 36.6 will ERISA requirements pertain to a whether the CFTC was conferring on the allow entities to qualify for limited IB particular customer, the Commission’s NFA the ability to waive proficiency status if they are in good standing with rules should not inhibit an FCM or IB testing completely for the individuals a federal financial regulator or a foreign from making appropriate disclosures to involved in the sale of section 4(c) financial regulator. Banks and securities a pension plan fiduciary. Moreover, in products or merely to establish different broker-dealers would be eligible for this tests for different people selling the contrast to privately created trading special treatment. Insurance companies same product. In its view, requiring vehicles or instruments, whose would not be eligible under Rule 36.6 registration and full testing for certain specialized characteristics can be because of the large number of state individuals involved in selling futures meaningfully disclosed only by their insurance regulators and the diverse and exempt futures products, yet creators, information on the mechanics nature of the applicable regulations. requiring little or no testing for others, of trading of section 4(c) contract market However, the Commission may be raised issues of fairness and fair transactions will be readily available willing to entertain proposals developed competition. The SEC expressed from the listing exchange. by contract markets and NFA to permit concern that securities training for flexible procedures for insurance 2. Limited Registrations registered representatives of securities company participation in section 4(c) broker-dealers may not be sufficient for The Commission proposed section contract market transactions. purposes of participating in section 4(c) As the Commission envisions the 36.6 to allow special temporary license, contract market transactions, and stated process, an entity would provide the registration or principal listing that the registration requirements NFA with basic identifying information procedures to be available to a person should be designed to assure that those about the firm and its principals and associated with an FCM or IB who licensed have sufficient training to pay the appropriate processing fee. The limits his or her activities under the Act participate in such transactions. applicant would also certify that (1) it to section 4(c) contract market The CBT stated that the Commission is in good standing with its other transactions. Proposed section 36.6 should permit the same unregistered regulator, (2) its principals have filed would require the person to certify that sales force as is permitted to vend OTC their fingerprints with the other he or she is licensed or otherwise swaps under Part 35 to market section regulator, (3) neither it nor its principals authorized to do business and in good 4(c) contract market transactions. are subject to statutory disqualification standing with another federal financial Alternatively, the CBT urged the from registration under section 8a(2) of regulatory authority or a foreign Commission to grant limited registration the Act, (4) it will restrict its activities financial regulatory authority with to individuals who intend to sell section under the Act to section 4(c) contract which the Commission has 4(c) contract market transactions upon a market transactions, and (5) it will be comparability arrangements under the showing that the individual or his or her liable for all acts, omissions and Part 30 rules, and is not subject to a employer is in good standing with failures, and responsible for the diligent statutory disqualification from another federal financial regulatory supervision, of its APs, employees and registration under section 8a(2) of the authority, without requiring agents in connection with its activities Act. The Commission indicated that a Commission registration for the as a limited IB involving section 4(c) contract market and NFA could develop sponsoring employer. contract market transactions.73 procedures applicable to these persons The CBT further commented that that would not require submission of proposed section 36.6 should be 72 Under this approach, a securities broker-dealer, fingerprints and could provide for expanded, in any event, because it for example, could qualify as a ‘‘limited IB’’ to proficiency testing requirements other applies only to associated persons sponsor its own employees for limited AP than those generally applicable to (‘‘APs’’) of an FCM or IB. Employees of registration status under Part 36. The securities 71 broker-dealer would have direct supervisory registrants under the Act. non-FCMs or non-IBs, such as securities responsibility over its APs. broker-dealers or banks, would have to 73 Registration, of course, could continue to be 71 59 FR 54139, 54149. be sponsored by entities other than their denied, conditioned, suspended, restricted or Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51341
A firm would not need to submit As discussed above, certain language that must be included in any fingerprints for its principals if it commenters viewed different pre-dispute arbitration agreement provided similar information to its registration requirements for each between an FCM and its customers. The primary regulator and this information section 4(c) product as potentially prescribed language essentially notifies were accessible to the Commission, nor administratively unwieldy. Similar the customer that, notwithstanding the would it be subject to the minimum concerns were expressed when the agreement to arbitrate, the customer can financial requirements applicable Commission adopted Rule 3.12(j), upon pursue a claim against the FCM through generally to independent IBs provided it which proposed section 36.6 was the Commission’s reparations forum. met the capital requirements of, and was modeled.77 Despite the fact that the The CBT reasoned that institutional otherwise in good standing with, its Commission has permitted section 4(c) customers do not need this protection, primary regulator. The Commission contract markets and the NFA, subject ‘‘either negotiat[ing] such rights or believes that the limited nature of an to Commission approval, the discretion elect[ing] not to sign the pre-dispute IB’s activities, its responsibility for its to vary registration procedures on a arbitration agreement.’’ The NYMEX employees and good standing with contract-by-contract basis, the agreed, arguing that the availability of another financial regulator with such Commission believes that the special the reparations forum was unnecessary requirements permit waiver of the IB registration procedures ideally would be because disputes involving section 4(c) financial requirements.74 substantially identical for the various contract market transactions would be Customers of a ‘‘limited’’ IB, like section 4(c) contracts, and that it would ‘‘more than adequately addressed by customers of a regular IB, would be be preferable to implement uniform existing exchange arbitration procedures required to transmit funds for trading procedures for all such contracts at the and comparable NFA procedures.’’ directly to an FCM, which would carry outset. As when the Commission The Commission has determined to all customer positions on a fully- adopted Rule 3.12(j), a contract market retain the availability of reparations as disclosed basis.75 The IB would be seeking special registration procedures a forum for section 4(c) contract market required to sponsor its salespersons, with respect to persons limiting their transaction participants as well as the who would be subject to a proficiency activities to section 4(c) contract market notice provisions of Rule 180.3(b)(6). testing, training or experience transactions may consult and develop Although section 4(c) contract market requirement, as discussed below. The the applicable procedures with the NFA transactions will be entered into by NFA and the section 4(c) contract and submit them for Commission institutional or relatively markets would determine the specific consideration in conjunction with the ‘‘sophisticated’’ participants, the format of the information to be supplied other submissions which must be filed reparations program was designed as an to the NFA.76 under this Part. Of course, if a particular inexpensive forum where any customer contract market or firm found may seek redress for violations of the Act committed by industry revoked under Sections 8a(3) or 8a(4) of the Act, 7 administration of the alternative U.S.C. 12a(3) or 12a(4). professionals registered with the procedures too difficult, it could follow 74 Thus, such an IB would not need to raise its Commission. The Commission sees no the general provisions applicable to any own capital or enter into a guarantee agreement reason to eliminate the availability of with an FCM as generally required for IBs by IB or AP.78 Commission Rules 1.17(a)(1)(ii) and (a)(2)(ii), this dispute resolution forum. respectively. The Commission believes this is 3. Dispute Resolution consistent with a no-action letter issued on G. Anti-fraud and Anti-manipulation December 1, 1994 by the Division of Trading and As proposed, all of the provisions of The Commission proposed in section Markets, wherein an IB that is a member of various the Act and Commission rules U.K. futures exchanges and a wholly-owned 36.9 to apply to section 4(c) contract concerning reparations and private market transactions the proscriptions subsidiary of a U.S. FCM was permitted to continue rights of action will continue to apply to introduce U.S. contract market transactions based against fraud and manipulation found in on substituted compliance with U.K. regulatory under Part 36. 59 FR at 54144. The CBT the Act,79 and Commission Rules requirements in lieu of a guarantee agreement under commented that section 4(c) contract Commission Rule 1.10(j). The Division based its 33.9(d) and 33.10, 17 CFR 33.9(d) and market transactions should be exempt 33.10, which prohibit price position upon, among other things, the IB’s status from Commission Rule 180.3(b)(6), 17 as a registrant under the Act pursuant to which it manipulation and fraud, respectively, in is subject to CFTC requirements including, but not CFR 180.3(b)(6)(1995), which prescribes connection with commodity option limited to, registration, sales practice and other transactions. In addition, proposed conduct of business rules, recordkeeping, reporting persons registered as general securities and anti-fraud provisions. representatives who restrict their activities under section 36.9 included a stand-alone 75 Commission Rule 1.57, 17 CFR 1.57 (1995). the Act to register as APs without taking the prohibition of fraudulent misconduct in 76 The CBT also stated that the term ‘‘temporary,’’ generally required National Commodity Futures connection with section 4(c) contract used in proposed Section 36.6 could suggest Examination (‘‘Series 3 test’’) and permitting market transactions. impermanence or a transition period until a final persons to register if they have passed the Commenters expressed varying views license would be obtained, and that the term regulatory portions of the Series 3 test and the test ‘‘limited’’ more accurately depicts the registration of a foreign futures authority. The Commission on the need for a stand-alone status of those APs eligible only to market Section expects that the regulatory portions of the Series 3 prohibition of fraud in connection with 4(c) transactions. The Commission agrees that, in test would be included in any modified testing or section 4(c) contract market light of its adoption of the provision for limited IBs training module developed for limited APs referred transactions. Some supported including referred to above, it is also appropriate to refer to to herein. Further, the Commission will entertain APs confining their activities to Section 4(c) applications to substitute training received in in Part 36 an anti-fraud provision contract market transactions as ‘‘limited APs.’’ The connection with other regulatory requirements, or separate and independent from the Commission notes that limited APs may also be to recognize specialized ethics training, in provisions of the Act and Commission eligible for a temporary license during the period satisfaction of the training required under regulations that would, in any event, that background checks are performed by the NFA. Commission Rule 3.34. With respect to testing requirements for limited 77 See 57 FR 23136, 23141–23142 (June 2, 1992). continue to apply. Others, however, APs, the NFA could substitute participation in a 78 Persons following the registration procedures training module developed by the contract market which are generally applicable to transactions 79 Specifically, proposed Section 36.9 applied to offering the Section 4(c) transactions or an under the Act, as well as all of those already Section 4c contract market transactions Sections 4b experience requirement in lieu of the regular, registered under the Act, can be involved in the and 4o of the Act, 7 U.S.C. 6b and 6o, and those generally applied proficiency test. This is consistent offer and sale of Section 4(c) contract market provisions of Sections 6(c), 6(d), and 9(a) of the Act, with the Commission’s previous approval of NFA transactions without being subject to additional 7 U.S.C. 9, 15, 13b and 13(a), that prohibit price Registration Rules 401(b), (c), and (d), permitting registration requirements. manipulation. 51342 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations asserted that the existing statutory anti- Commission notes that actions brought with these specific final rules, is as fraud provisions, i.e., sections 4b and under section 4o(1)(B) of the Act, follows: 4o, would be adequate as applied to whether involving section 4(c) contract Average burden hours per response: section 4(c) contract market market transactions or other 2.88 transactions, and questioned whether it transactions subject to the Commission’s Number of respondents: 300 was appropriate in any event to include jurisdiction, would continue to be Frequency of response: on occasion a stand-alone anti-fraud provision in governed by existing legal standards, Copies of the OMB approved Part 36. which do not require proof of scienter.82 information collection package In addition, many commenters noted VI. Related Matters associated with this rule may be that the text of proposed section 36.9 obtained from Jeff Hill, Office of could be construed as eliminating the A. Regulatory Flexibility Act Management and Budget, Room 3220, scienter requirement which has been The Regulatory Flexibility Act NEOB, Washington, D.C. 20503, (202) held to exist in section 4b of the Act. (‘‘RFA’’), 5 U.S.C. 601 et seq., requires 395–7340. These commenters observed that the that agencies, in proposing rules, List of Subjects in 17 CFR Part 36 Commission had suggested no policy consider the impact of those rules on basis for eliminating scienter as an small business. The Commission Commodity futures, Commodity element of fraud in connection with previously determined that contract options, Prohibited transactions. section 4(c) contract market markets,83 futures commission In consideration of the foregoing, and transactions, thus imposing a lesser merchants,84 registered commodity pool pursuant to the authority contained in standard of proof than applicable for operators,85 and large traders 86 should the Commodity Exchange Act, and in futures transactions in general. not be considered ‘‘small entities’’ for particular, sections 2, 4, 4c, and 8a, 7 The Commission has concluded that a purposes of the RFA. The Chairman, on U.S.C. 2, 6, 6c, and 12a, as amended, the free-standing anti-fraud rule for section behalf of the Commission, previously Commission hereby adds Part 36 to 4(c) contract market transactions is certified that the proposed rules would Chapter I of Title 17 of the Code of appropriate. Effective prohibition of not have a significant economic impact Federal Regulations as follows: fraud is a cornerstone of any fair and on a substantial number of small efficient market. While section 4b of the entities. 59 FR 54151. PART 36ÐEXEMPTION OF SECTION Act provides an adequate tool to address In certifying pursuant to section 3(a) 4(c) CONTRACT MARKET fraud in traditional futures contract of the RFA that the proposed addition TRANSACTIONS trading, and section 4o adequately to its rules of Part 36—Exemption of Sec. addresses fraud in connection with section 4(c) Contract Market 36.1 Exemption and definitions. commodity pool and trading advisor Transactions would not have a 36.2 Trading of section 4(c) contract market activities, section 4(c) contract market significant economic impact on a transactions. transactions may involve innovative substantial number of small entities, the 36.3 Section 4(c) contract market trading trading methods and resources that the Commission invited comments from any rules. courts have not addressed previously firm which believed that the proposed 36.4 Listing of section 4(c) contract market under the statutory provisions. The rules, if adopted, would have a transactions. Commission is aware of no reason why significant economic impact on its 36.5 Reporting requirements. 36.6 Special procedures relating to an additional, comprehensive activities. No such comments were registration and listing of principals. prohibition of fraud should not apply to received. 36.7 Risk disclosure. section 4(c) contract market transactions B. Paperwork Reduction Act 36.8 Suspension or revocation of section across the board. Under the rule as 4(c) contract market transaction adopted, section 4(c) contract market The Paperwork Reduction Act of exemption. transactions would be subject to existing 1980, (‘‘PRA’’) 44 U.S.C. 3501 et seq., 36.9 Fraud and manipulation in connection prohibitions of fraud and manipulation imposes certain requirements on federal with section 4(c) contract market whenever applicable and the specific agencies (including the Commission) in transactions. prohibitions in Rule 36.9. connection with their conducting or Authority: 7 U.S.C. 2, 6, 6c, and 12a. sponsoring any collection of However, the Commission agrees with § 36.1 Exemption and definitions. commenters who questioned whether it information as defined by the PRA. In (a) Duration of Exemption. The would be appropriate to have a disparity compliance with the PRA, the provisions of this Part apply to any in scienter requirements applicable to Commission previously submitted these section 4(c) contract market transaction section 4(c) contract market transactions rules in proposed form and their entered into on or after November 1, and futures markets in general. associated information collection 1995. The provisions of this Part expire, Accordingly, section 36.9 as adopted requirements to the Office of and are no longer valid as to any such includes the term ‘‘willfully’’ in Management and Budget. The Office of transaction entered into on or after three paragraphs (a)(2) and (3), providing a Management and Budget approved the years following the date the first scienter requirement in section 36.9 collection of information associated contract trades pursuant to this Part. parallel to that of section 4b.80 with these rules on Jan. 20, 1995, and In all (b) Scope of Exemption. Each board of other substantive respects, section 36.9 assigned OMB control number 3038– 81 0047 to the rules. The burden associated trade on which section 4(c) contract is being adopted as proposed. The market transactions are permitted to be 82 traded pursuant to this Part shall be 80 See Hammond v. Smith Barney, Harris Upham See Messer v. E.F.Hutton & Co., 847 F.2d 673, and Co., Inc., [1987–1990 Transfer Binder] Comm. 679 (11th Cir. 1988); CFTC v. Savage, 611 F.2d 270, deemed for such purposes to be Fut. L. Rep. (CCH) ¶24,617 (CFTC March 1, 1990). 285 (9th Cir. 1979); and In re Kolter, [1992–1994 designated as a contract market within Transfer Binder] Comm. Fut. L. Rep. (CCH) ¶26,262, 81 In a related matter, the Commission’s proposal at 42198 (CFTC Nov. 8, 1994). the meaning of the Act and, with respect requested comment on adopting a stand-alone 83 to section 4(c) contract market prohibition of fraud in connection with swap 47 FR 18618 (April 30, 1982). transactions exempt under Part 35 of the 84 Id. at 18619. transactions, shall comply with and be Commission’s rules. The Commission is not at this 85 Id. subject to all of the provisions of the Act time adopting such a provision. 86 Id. at 18620. and the Commission’s regulations Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51343 applicable to a contract market other by a bank, trust company, insurance being used in the manipulation of the than those provisions which are company, investment adviser subject to price of any underlying commodity; specifically inconsistent with this Part, regulation under the Investment (2) Is cleared through a clearing in which case the provisions of this Part Advisers Act of 1940 (15 U.S.C. § 80b- organization subject to Commission shall govern. 1, et seq.), or a commodity trading oversight; (c) Definitions. As used in this Part: advisor subject to regulation under the (3) Except with respect to a broad- (1) ‘‘Section 4(c) contract market Act; based index, does not involve any, or transaction’’ means: (viii) Any governmental entity the price of any, wheat, cotton, rice, Any agreement, contract, or (including the United States, any state, corn, oats, barley, rye, flaxseed, grain transaction (or class thereof) entered or any foreign government) or political sorghums, millfeed, butter, eggs, onions, into on or subject to the rules of a subdivision thereof, or any solanum tuberousum (Irish potatoes), contract market in accordance with the multinational or supranational entity or wool, wool tops, fats and oils (including provisions of this Part, and that is any instrumentality, agency, or lard, tallow, cottonseed oil, peanut oil, executed by a member of the section department of any of the foregoing; soybean oil, and all other fats and oils), 4(c) contract market that is an eligible (ix) A broker-dealer subject to cottonseed meal, cottonseed, peanuts, participant for its own account, or a regulation under the Securities soybeans, soybean meal, livestock, futures commission merchant or floor Exchange Act of 1934 (15 U.S.C. § 78a, livestock products, or frozen broker for its own account or on behalf et seq.) or a foreign person performing concentrated orange juice; of an eligible participant. a similar role or function subject as such (4) Does not involve any commodity (2) ‘‘Eligible Participant’’ means: to foreign regulation, acting on its own futures contract or commodity option (i) A bank or trust company; behalf: Provided, however, that if such contract in which there is any open (ii) A savings association or credit interest and in which there has been any union; broker-dealer is a natural person or proprietorship, the broker-dealer must trading on any board of trade during the (iii) An insurance company; six consecutive complete calendar (iv) An investment company subject also meet the requirements of paragraph (c)(2)(vi) or (xi) of this section; months preceding the date of to regulation under the Investment application to trade as a section 4(c) Company Act of 1940 (15 U.S.C. § 80a- (x) A futures commission merchant, floor broker, or floor trader subject to contract market transaction, unless the 1, et seq.) or an investment company transaction can reasonably be performing a similar role or function regulation under the Act or a foreign person performing a similar role or distinguished from any such futures subject as such to foreign regulation, contract or commodity option contract provided that such investment company function subject as such to foreign regulation; or based on its hedging function and/or or foreign person is not formed solely pricing basis; provided however, that (i) (xi) Any natural person with total for the purpose of constituting an the five- and ten-year interest rate swaps assets exceeding at least $10,000,000. eligible participant and has total assets futures contracts, the Rolling Spot (3) ‘‘Section 4(c) contract market exceeding $5,000,000; Contracts in foreign currency, and the trading rules’’ means: Contract market (v) A commodity pool formed and foreign currency forward futures rules prescribing trading procedures operated by a person subject to contracts and options thereon, may be applicable only to section 4(c) contract regulation under the Act or a foreign traded as section 4(c) contract market market transactions. person performing a similar role or transactions, and (ii) a flexible function subject as such to foreign (4) ‘‘Terms and conditions’’ has the commodity option may be listed as a regulation, provided that such same meaning as in § 1.41(a)(2) of this section 4(c) contract market transaction commodity pool or foreign person is not chapter. prior to listing such option for trading formed solely for the purpose of otherwise; and constituting an eligible participant and § 36.2 Trading of section 4(c) contract market transactions. (5) Does not involve any contracts of has total assets exceeding $5,000,000; sale (or options on such contracts) (vi) A corporation, partnership, A section 4(c) contract market transaction may be traded pursuant to subject to the provisions of section proprietorship, organization, trust, or 2(a)(1)(B) of the Act, including contracts other entity not formed solely for the the provisions of this Part provided the following conditions are met: for future delivery of a group or index purpose of constituting an eligible of securities (or any interest therein or participant (A) which has total assets (a) The section 4(c) contract market transaction: based upon the value thereof). exceeding $10,000,000; or (B) which has (b) The contract market on which the a net worth of $1,000,000 and enters (1) Provides that settlement or section 4(c) contract market transaction into a section 4(c) contract market delivery shall be in cash (at a cash is traded need not satisfy the transaction in connection with the settlement price that reflects the cash requirements of § 1.61 of this chapter. conduct of its business; or (C) which has market for the underlying commodity (c) The contract market on which the a net worth of $1,000,000 and enters and is based on a price series that is section 4(c) contract market transaction into a section 4(c) contract market reliable, publicly available, and timely) is traded or executed complies with the transaction to manage the risk of an or by means other than the transfer or provisions of this Part. asset or liability owned or incurred in receipt of any commodity, except a the conduct of its business or reasonably foreign currency for which there is no § 36.3 Section 4(c) contract market trading likely to be owned or incurred in the legal impediment to delivery and for rules. conduct of its business; which there exists a liquid cash market; A board of trade may submit for (vii) An employee benefit plan subject provided however, that the terms and Commission review, pursuant to the to the Employee Retirement Income conditions of such transaction are in expedited procedures set forth in this Security Act of 1974 or a foreign person conformity with the underlying cash paragraph, trading rules for section 4(c) performing a similar role or function market (or, in the absence of conformity, contract market transactions (‘‘special subject as such to foreign regulation are necessary or appropriate) and that execution procedures’’) that need not with total assets exceeding $5,000,000 trading is not readily susceptible to meet the requirements of sections or whose investment decisions are made price manipulation, nor to causing or 4b(a)(iv), 4b(b) and 4c(a) of the Act and 51344 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations
§§ 1.38(a), 1.39, 155.2, 155.3 and 155.4 transaction and dissemination on the approval under section 5a(a)(12)(A) of of this chapter, provided that such relevant market floor, trading screen, the Act and § 1.41(b) of this chapter. section 4(c) contract market trading and/or vendor service through the board (3) Notwithstanding the foregoing, if a rules satisfy the terms and conditions of of trade’s market quotation system of the contract market submits for review this section. price, quantity, and contract traded pursuant to this paragraph large order (a) Definition. ‘‘Special execution pursuant to this section. Transactions execution procedures that are procedures’’ means contract market may be executed pursuant to this substantially similar to procedures rules permitting noncompetitive bids, section only during hours in which such previously approved by the Commission offers, negotiation, and/or execution of immediate post-execution pursuant to § 1.39 of this chapter for orders and transactions. dissemination is available; non-section 4(c) contract market (b) Special execution procedures that (3) The report to clearing, and transactions, then such procedures shall permit a member to trade for his own clearing, of each transaction concluded be deemed effective upon Commission account opposite the account of another pursuant to this section as quickly as receipt thereof. member must provide for an audit trail practicable, but in no event later than (4) Once trading in a section 4(c) that meets the requirements of § 1.35(a), required for trades subject to §§ 1.38 and contract market transaction has (e), (g) and (i) and § 1.38(b) of this 1.39 of this chapter; and commenced, any modification to any chapter. (4) Compliance with § 36.9 of this approved section 4(c) contract market (c) Special execution procedures that Part, except that any trade executed trading rule must be submitted to the permit a futures commission merchant using special execution procedures in Commission for review pursuant to the or floor broker to take the opposite side compliance with this section need not standards and procedures for section of a customer order for its own account be in compliance with section 4b(a)(iv) 4(c) contract market trading rules set or permit the execution of orders of the Act. forth in this section. directly between customer accounts of (f) (1) Transactions offered or entered (5) Other section 4(c) contract market different principals must provide for an into in compliance with special trading rules, which do not conform to audit trail that meets the requirements execution procedures submitted to the the specific trading standards set forth of paragraph (b) of this section and that Commission and permitted to become herein and which do not satisfy the also requires a written record of each effective pursuant to the terms of this requirements of the Act and customer order which must consist of Part shall not be deemed to violate Commission Rules, may be submitted customer account identification, terms sections 4b(a) (iv), 4b(b), or 4c(a) of the for Commission approval in accordance of the order, including price-specific Act or § § 1.38(a), 1.39, 155.2, 155.3 or with section 5(a)(12)(A) of the Act and instruction from the customer, order 155.4 of this chapter. § 1.41(b) of this chapter under the usual number, and time of order receipt. No (2) No person shall offer or enter into timeframes. order shall be executed without price- any section 4(c) contract market specific instruction from the customer. transaction, unless it meets all § 36.4 Listing of section 4(c) contract Procedures submitted under this requirements of the applicable special market transactions. paragraph also must include a specific execution procedures submitted to the (a) A board of trade which has been prohibition against disclosure of Commission and permitted to become initially designated as a contract market customer order information other than effective pursuant to the terms of this and has otherwise met the requirements to facilitate execution thereof and a Part. of sections 5 and 5a of the Act (other requirement that members provide to (g) Submission Procedures than section 5a(a)(12)(A)) seeking to their customers, in writing, prior to the (1) A board of trade seeking review of permit trading in a section 4(c) contract initial execution for that customer of a section 4(c) contract market trading market transaction shall furnish to the any transaction using these procedures, rule shall furnish one copy of the Commission at least ten days prior to its a description of the special execution information set forth in paragraphs (b), proposed effective date, the rules setting procedures and, in particular, how they (c) or (d) and (e) of this section, as forth the terms and conditions of the vary from on-floor competitive trading applicable, to the Commission at its proposed section 4(c) contract market procedures. Washington, D.C. headquarters. One transaction. (d) Section 4(c) contract market copy shall also be transmitted by the (b) The board of trade shall furnish trading rules that provide that board of trade to the regional office of one copy of the information set forth in transactions may be executed using any the Commission having local paragraph (a) of this section to the combination of special execution jurisdiction over the board of trade. Commission at its Washington, D.C. procedures and competitive on-floor Each submission shall be labeled as headquarters. One copy shall also be trading procedures must set forth the being submitted pursuant to this transmitted by the board of trade to the circumstances under which such section. regional office of the Commission transactions could occur competitively (2) Section 4(c) contract market having local jurisdiction over the board on-floor, provided that any transaction trading rules submitted by the contract of trade. Each submission shall be executed using special execution market pursuant to this section shall labeled as being submitted pursuant to procedures be in compliance with become effective ten days after receipt this Part. paragraphs (b) and (c) of this section, of the submission (or such earlier time (c) A board of trade which has been and include a specific prohibition as may be determined by the initially designated as a contract market against frontrunning. Commission or its delegee) unless, and has otherwise met the requirements (e) Section 4(c) contract market within the ten-day period, the of sections 5 and 5a of the Act (other trading rules also must provide for the Commission or its delegee notifies the than section 5a(a)(12)(A)) and which following: board of trade in writing that the meets the requirements of § 36.2 shall be (1) Record maintenance and retention submission does not meet the deemed to be designated as a contract in accordance with § 1.31 of this conditions of this section. Upon such market in section 4(c) contract market chapter; notification by the Commission or its transactions, the rules submitted shall (2) The immediate post-execution delegee, the submission will be subject be deemed to be approved, and section report of each purchase and each sale to the usual procedures for rule 4(c) contract market transactions may be Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51345 traded or executed thereon ten days information specified in § 17.01(b)(1)– (i) Reports showing positions and after receipt of the submission pursuant (b)(8) of this chapter. transactions on such contract markets to this section unless, within the ten- (d) Form and manner of reporting; for the period of time that the trader day period, the Commission or its time and place of filing reports. Unless held or controlled a reportable position, delegee notifies the board of trade in otherwise approved by the Commission and in a form and manner as instructed writing that the proposed transactions or its designee, each contract market in the call; and do not meet the requirements of § 36.2. operating pursuant to this Part shall (ii) The information specified in Upon such notification by the submit the information required by § 18.04 of this chapter as though it Commission or its delegee, the paragraph (c) of this section as follows: pertains to section 4(c) contract market submission will be subject to the usual (1) A format and coding structure transactions. procedures for rule approval under approved in writing by the Commission section 5a(a)(12)(A) of the Act and or its designee on compatible data § 36.6 Special procedures relating to § 1.41(b) of this chapter. processing media as defined in Part 15 registration and listing of principals. (d) Any modification to the rules of this chapter shall be used; (a) Notwithstanding any other setting forth the terms and conditions of (2) The information contained in provision of law, any person shall be a section 4(c) contract market paragraphs (c)(1) and (c)(2) of this granted a temporary license or transaction shall be submitted to the section must be filed daily when the registration as a limited introducing Commission pursuant to the procedure data are first available, but not later than broker if such person: set forth in this section. 3:00 p.m. on the business day following (1) Certifies that it: the day to which the information (i) Is licensed or otherwise authorized § 36.5 Reporting requirements. pertains. The information contained in to do business and is in good standing (a) The reporting requirements set paragraph (c)(3) must be filed on call by with another federal financial regulatory forth in this section shall govern section the Commission or its designee, at such authority or a foreign financial 4(c) contract market transactions in lieu times as specified in the call. regulatory authority with which the of the requirements of Parts 16, 17, 18, (3) Except for dial-up transmissions, Commission has comparability and 19 of this chapter. the information should be submitted at arrangements under Part 30 of this (b) The provisions of § 15.05 and Part the regional office of the Commission chapter and has received Part 30 relief; 21 of this chapter shall apply to section having local jurisdiction with respect to (ii) Has filed the fingerprints of its 4(c) contract market transactions as such contract market. principals with such other regulatory though they were set forth herein and (e) Reports by contract markets to the authority; included specific references to eligible public. Each contract market operating (iii) And its principals are not subject participants. pursuant to this Part shall publish for to a statutory disqualification from (c) Reports by contract markets to the each business day the following registration under section 8a(2) of the Commission. Each contract market shall information for section 4(c) contract Act; submit to the Commission in market transactions by commodity or (iv) Will restrict its activities subject accordance with paragraph (d) of this type of contract as specified by the to regulation under the Act to section section the following information with Commission: 4(c) contract market transactions; and respect to section 4(c) contract market (1) The total gross open contracts; (v) Will be liable for all acts, transactions by commodity or type of (2) The total number of transactions omissions and failures, and responsible contract as specified by the by transaction type as specified by the for the supervision, of its associated Commission: Commission; and persons, employees and agents in (1) For each commodity or type of (3) Prices, as specified by the connection with its activities as a contract, Commission. limited introducing broker involving (i) The total gross open contracts at (f) Reports and maintenance of books section 4(c) contract market the end of the day covered by the report, and records by traders. Every trader transactions; and (ii) Total transactions, by type of who owns, holds, or controls, or has (2) Complies with any special transaction, as specified by the held, owned, or controlled a reportable temporary licensing or registration Commission, which occurred during the position, as defined by contract market procedures applicable to persons whose day covered by the report, and activities are limited to those specified (iii) Prices, as specified by the rules, in contracts traded as section 4(c) in paragraph (a)(1)(iv) of this section Commission. contract market transactions shall: (2) For each clearing member by (1) Keep books and records showing that have been adopted by the National proprietary and customer account, all details concerning all positions and Futures Association and approved by (i) The total of all long open contracts transactions with respect to section 4(c) the Commission. and the total of all short open contracts contract market transactions, all (3) A person whose activities are carried at the end of the day covered by positions and transactions in any limited to those specified in paragraph the report, and options traded thereon, and all positions (a)(1)(iv) of this section shall not be (ii) The quantity of contracts and transactions in the underlying subject to the minimum financial transacted during the day covered by commodity, its products, and by- requirements set forth in § 1.17 of this the report, by type of transaction, as products and, in addition, commercial chapter. specified by the Commission. activities that the trader hedges in the (b) Notwithstanding any other (3) Large trader reports. underlying commodity, and shall upon provision of law, any person associated (i) Reportable positions. Reportable request furnish to the Commission or with a futures commission merchant, an long and short positions of traders as the U.S. Department of Justice any introducing broker, or a limited defined by contract market rules and pertinent information concerning such introducing broker described in approved by the Commission, separately positions, transactions, or activities. paragraph (a) of this section shall be for each futures commission merchant (2) File within one business day after granted a temporary license or or member of the contract market. a special call upon such trader by the registration to act in the capacity of a (ii) Identification information. For Commission or its designee the limited associated person of such each reportable position, the following: sponsor, or be listed as a principal 51346 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations thereof, if such person and such § 33.10 of this chapter shall apply to The final rules are being published person’s sponsor: section 4(c) contract market essentially unchanged from the (1) Certifies that he: transactions. In any event, it shall be proposal. (i) Is licensed or otherwise authorized unlawful for any person, directly or EFFECTIVE DATE. The rule is effective on to do business and in good standing indirectly, in or in connection with an November 1, 1995. with another federal financial regulatory offer to enter into, the entry into, the FOR FURTHER INFORMATION CONTACT: authority or a foreign financial confirmation of the execution of, or the Joseph Olimpio, Director for Longshore regulatory authority with which the maintenance of any transaction entered and Harbor Workers’ Compensation, Commission has comparability into pursuant to this Part— Employment Standards Administration, arrangements under Part 30 of this (1) To cheat or defraud or attempt to U.S. Department of Labor, Room C– chapter and the sponsor, if applicable, cheat or defraud any other person; 4315, Frances Perkins Building, 200 has received Part 30 relief; (2) Willfully to make or cause to be Constitution Avenue NW., Washington, (ii) Has filed his fingerprints with made to any other person any false DC 20210; Telephone (202) 219–8721. such other regulatory authority; report or statement thereof or cause to (iii) Is not subject to a statutory be entered for any person any false SUPPLEMENTARY INFORMATION: disqualification from registration under record thereof; Introduction section 8a(2) of the Act; and (3) Willfully to deceive or attempt to The Longshore and Harbor Workers’ (iv) Will restrict his activities subject deceive any other person by any means Compensation Act (LHWCA; 33 U.S.C. to regulation under the Act to section whatsoever. 901, et seq.) establishes a federal 4(c) contract market transactions; and (b) Manipulation. The requirements of (2) Complies with any special workers’ compensation system for sections 6(c), 6(d), and 9(a) of the Act temporary licensing, registration or certain workers in covered employment and § 33.9(d) of this chapter shall apply principal listing procedures applicable and sets forth the general parameters of to section 4(c) contract market to persons whose activities are limited the compensation scheme, including the transactions. to those specified in paragraph (b)(1)(iv) system for filing claims, the benefit of this section that have been adopted Issued in Washington, D.C., this 21st day levels to be paid, and how the liability by the National Futures Association and of September, 1995, by the Commission. of the employer is to be secured. The approved by the Commission. Jean A. Webb, preamble to the proposed rule Secretary of the Commission. published May 8, 1995 (60 FR 22537) § 36.7 Risk disclosure. [FR Doc. 95–23940 Filed 9–29–95; 8:45 am] sets forth in detail the bases for the (a) A futures commission merchant or, BILLING CODE 6351±01±P changes to the existing rules, which in the case of an introduced account, an streamline and improve certain introducing broker, may open an administrative functions under the account for a customer with respect to DEPARTMENT OF LABOR LHWCA. an instrument governed by this Part The authority for the administration without furnishing such customer the Employment Standards Administration of the LHWCA granted to the Secretary disclosure statements required under of Labor has been delegated to the Office §§ 1.55, 1.65, 33.7, and 190.10 of this 20 CFR Parts 702 and 703 of Workers’ Compensation Programs chapter: Provided, however, that the RIN 1215±AA92 (OWCP). This authority includes initial futures commission merchant or, in the adjudication of disputed claims, case of an introduced account, the Longshore and Harbor Workers' resolution of certain ancillary issues introducing broker, does furnish the Compensation Act and Related such as disputes involving the amount customer, prior to the customer’s entry Statutes charged for medical treatment, and into the first section 4(c) contract market responsibility for authorizing private transaction with respect to a particular AGENCY: Employment Standards insurance carriers to underwrite instrument, with disclosure appropriate Administration, Labor. coverage. In brief, the changes to the to the particular instrument and the ACTION: Final rule. rules affect: customer. (b) This section does not relieve a SUMMARY: On May 8, 1995, the Compensation Districts futures commission merchant or Department of Labor published a The rules will now provide that introducing broker from any other proposal to amend the regulations changes in the administrative disclosure obligation it may have under implementing the Longshore and Harbor compensation districts can be made by applicable law. Workers’ Compensation Act. The notice to all affected parties and not amendments are designed to improve § 36.8 Suspension or revocation of section through a change in the regulations. 4(c) contract market transaction exemption. administration and clarify existing This will ensure that, in this period of policy by: Providing that the district The Commission may, after notice rapid change in the way government jurisdictional boundaries would be and opportunity for a hearing, suspend performs its functions, the program can changed by direct notice to affected or revoke the exemption of any section rapidly reposition its resources as parties; eliminating the requirement for 4(c) contract market transaction if the needed. using certified mail in most Commission determines that the circumstances; clarifying that the Office Certified Mail exemption is no longer consistent with of Workers’ Compensation Programs fee The rules remove the requirement that the public interest and the purposes of schedule would be used to determine the appropriate office (either the the Act. the reasonable and customary medical Longshore district office or the § 36.9 Fraud and manipulation in charge where there is a dispute; and Administrative Law Judges (ALJs)) serve connection with section 4(c) contract modifying the requirement that an via certified mail the notice of market transactions. employer with geographically different deficiency of settlement applications (a) Fraud. The requirements of work sites within one compensation (702.243(b)); Memoranda of the informal sections 4b(a) and 4o of the Act and district have only one insurance carrier. conference (702.316); and the notice of Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51347 claim given to the employer (702.224). employer’s timely compliance with the It is not the intent of the Director, that This is an expensive and time statutory obligations. the changes deleting the certified mail consuming process which has been Further, our experience does not requirement be applied to relieve a proven to be unnecessary. support the assertion that certified mail party of liability already incurred or to is necessary to protect an employer from impose liability where none existed. Use of OWCP Fee Schedule an unjustified or unwarranted decision However, the Director does believe that The rules make clear what has been requiring it to pay claimant’s attorney it will be appropriate to apply the the practice since the 1984 amendments fees. An employer can protect itself OWCP fee schedule to pending claims to the Act: that the OWCP fee schedule from this liability by paying where such application will assist in may be used in determining the compensation no later than 30 days after resolving outstanding issues. For these prevailing community rate for the receiving the written notice from the reasons, no change needs to be made to purposes of enforcing the provision that district director. Prior to receipt of such the rules as written. authorizes OWCP to-direct a change of notice, an employer cannot be held physician or the debarment of the liable. See: Watkins v. Ingalls Conclusion physician who submits bills for medical Shipbuilding, Inc., 26 BRBS 179 (1993), For the reasons set out in the treatment where the charge exceeds the appeal dismissed No. 93–4367 (5th Cir. preamble to the proposed rule, as prevailing community rate for such December 9, 1993). amplified by these comments, the service. In general, the postmark showing the Department has determined to finalize date of mailing (and/or date-stamp the rule. Insurance Policies showing receipt) may be used to The rule requiring an employer establish a general time frame within Statutory Authority operating within any one OWCP which correspondence was received, if Subsections 39(a) and 39(b) of the compensation district to insure all this is necessary to resolve disputes Act, 33 U.S.C. 939 (a) & (b), provide the operations within that district through a where time is relevant. For example, we general statutory authority for the single insurance carrier has been are not aware of such penalties incurred Secretary to prescribe rules and eliminated. Each LHWCA district is as a result of not having the conference regulations necessary for administration comprised of a number of different recommendation sent by certified mail. and enforcement of the Longshore and states (see current 20 CFR 702.101), The commentor argues that receipt of Harbor Workers’ Compensation Act. 33 while insurance carriers, which are notice of a deficiency in a settlement U.S.C. 907(a) provides that the Secretary regulated by the individual states, may application must be timely, or the of Labor may supervise the medical not do business or write LHWCA employer could pay the settlement, then treatment and care, including coverage in every state conforming to not be able to recoup it. The scenario determining the appropriateness of the LHWCA compensation districts in painted by the commentor (that the charges. which an operator may have facilities. deficiency notice is not received in a The result is that an employer’s choice timely manner because it is not sent by Classification in carriers is limited and the employer certified mail) simply is not relevant. The Department of Labor has could potentially be left uninsured for a Any delay could exist, whether or not concluded that the regulatory proposal portion of its operations. certified mail is used, and the same is not a significant regulatory action problem with recoupment would exist, under the criteria of section 3(f) of Analysis of Comments whatever the reason for the delay in Executive Order 12866. Two comments were received. One receipt of notice of deficiency. employer objected to the elimination of The remotely possible scenarios used Paperwork Reduction Act the certified mail requirement, and an to support the employer’s objections are The information collection individual raised general concerns with not sufficient to overcome the distinct requirements entailed by the regulations the rules and requested that they be advantages, particularly the savings in have previously been approved by made effective only prospectively. staff resources and mailing costs, OMB. The employer commented that the use associated with dropping this Regulatory Flexibility Act of certified mail helps ensure that the requirement. As noted in the preamble employer is not subject to the fines and to the proposed rule, while certified The Department believes that the rule penalties provided in the LHWCA for mail does not add significantly to the will have ‘‘no significant economic failure to conform with various time security of the mail process, the impact upon a substantial number of requirements. The commentor suggests requirement does increase costs and the small entities’’ within the meaning of that if the Department is removing this amount of staff time it takes to mail a section 3(a) of the Regulatory Flexibility requirement, then it should be the document. Approximately 9,000 pieces Act. Pub. L. No. 96–354, 91 Stat. 1164 Director’s burden to demonstrate when of mail per year must now be sent (5 U.S.C. 605(b)). Although this rule will notice was accomplished. certified mail under these rules, at a cost be applicable to small entities it should Contrary to the implication in this of over $9,000 in extra mailing charges not result in or cause any significant comment, the LHWCA does not and more in staff time to complete the economic impact. The elimination of condition the employer’s obligation to necessary Postal Service forms. The the requirement for insurance pay benefits (section 14(e)) or to recipients should see an improvement underwriting will provide increased controvert entitlement to compensation in the level of service as resources now flexibility and opportunity for covered (section 14(d)), on its receiving written dedicated to certified mailings can be employers to effect savings. The notice of the filing of a claim. Quite to used elsewhere. provision for determining medical the contrary, those obligations arise as The individual, in his comments, charges is not expected to result in a soon as the employer has knowledge of requested that the regulatory changes be significant difference in the outcome the injury or death. Our experience applicable only prospectively and that from that in the present method. The indicates that receipt or non-receipt of they not apply to injuries sustained or Secretary has so certified to the Chief written notice from the district claims filed before the proposed rules Counsel for Advocacy of the Small directors, has little to do with an were published in the Federal Register. Business Administration. Accordingly, 51348 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations no regulatory impact analysis is § 702.243 [Amended] interrogatories to the pertinent medical required. care provider; and issuance of § 702.316 [Amended] subpoenas duces tecum for documents List of Subjects 5. Sections 702.243(b) and 702.316 are having a bearing on the dispute. amended by removing the words ‘‘by 20 CFR Part 702 (1) A claim by the provider that the certified mail.’’ OWCP fee schedule does not represent 6. Section 702.413 is revised to read Administrative practice and the prevailing community rate will be as follows: procedure, Claims, Insurance, considered only where the following Longshoremen, Vocational § 702.413 Fees for medical services; circumstances are presented: rehabilitation, and Workers’ prevailing community charges. (i) where the actual procedure compensation. All fees charged by medical care performed was incorrectly identified by 20 CFR Part 703 providers for persons covered by this medical procedure code; Act shall be limited to such charges for (ii) that the presence of a severe or Insurance, Longshoremen, Workers’ the same or similar care (including concomitant medical condition made compensation. supplies) as prevails in the community treatment especially difficult; in which the medical care provider is (iii) the provider possessed unusual For the reasons set out in the located and shall not exceed the qualifications (board certification in a preamble, part 702 and 703 of chapter customary charges of the medical care specialty is not sufficient evidence in VI of title 20 of the Code of Federal provider for the same or similar itself of unusual qualifications); or Regulations are amended as follows: services. Where a dispute arises (iv) the provider or service is not one Subchapter AÐLongshore and Harbor concerning the amount of a medical bill, covered by the OWCP fee schedule as Workers' Compensation Act and the Director shall determine the described by 20 CFR 10.411(d)(1). Related Statutes prevailing community rate using the (2) The circumstances listed in OWCP Medical Fee Schedule (as paragraph (a)(1) of this section are the 1. The authority citation for Part 702 described in 20 CFR 10.411) to the only ones which will justify and 703 are revised to read as follows: extent appropriate, and where not reevaluation of the amount calculated appropriate, may use other state or under the OWCP fee schedule. Authority: 5 U.S.C. 301, 8171 et seq., federal fee schedules. The opinion of (b) * * * Reorganization Plan No. 6 of 1950, 15 FR the Director that a charge by a medical (c) After any proceeding under this 3174, 3 CFR. 1949–1953, Comp. p. 1004, 64 care provider disputed under the section the Director shall make specific Stat. 1263; 33 U.S.C. 939; 36 D.C. Code 501 et seq., 42 U.S.C. 1651 et seq., 43 U.S.C. 1331. provisions of section 702.414 exceeds findings on whether the fee exceeded Secretary’s Order 1–93, 58 FR 21190. the charge which prevails in the the prevailing community charges (as community in which said medical care established by the OWCP fee schedule, PART 702ÐADMINISTRATION AND provider is located shall constitute where appropriate) or the provider’s PROCEDURE sufficient evidence to warrant further customary charges and provide notice of proceedings pursuant to section 702.414 these findings to the affected parties. § 702.101 [Removed] and to permit the Director to direct the * * * * * 2. Section 702.101 removed and claimant to select another medical reserved. provider for care to the claimant. PART 703ÐINSURANCE 7. In section 702.414, paragraphs (a) REGULATIONS 3. Section 702.102 is amended by and (c) are revised to read as follows: revising the section heading, and § 703.12 [Removed] paragraphs (a) and (b) are redesignated § 702.414 Fees for medical services; 8. Section 703.121 is removed. as paragraphs (b) and (c) and a new unresolved disputes on prevailing charges. paragraph (a) is added to read as (a) The Director may, upon written Signed at Washington, DC, this 22d day of September 1995. follows: complaint of an interested party, or upon the Director’s own initiative, Ida L. Castro, § 702.102 Establishment and modification investigate any medical care provider or Deputy Assistant Secretary for Workers’ of compensation districts, establishment of any fee for medical treatment, services, Compensation Programs. suboffices and jurisdictional areas. or supplies that appears to exceed [FR Doc. 95–24078 Filed 9–29–95; 8:45 am] (a) The Director has, pursuant to prevailing community charges for BILLING CODE 4510±27±M section 39(b) of the Longshore and similar treatment, services or supplies Harbor Workers’ Compensation Act, 33 or the provider’s customary charges. U.S.C. 939(b), established compensation The OWCP medical fee schedule (see DEPARTMENT OF JUSTICE districts as required for improved section 702.413) shall be used by the administration or as otherwise Director, where appropriate, to Parole Commission determine the prevailing community determined by the Director (see 51 FR 28 CFR Part 2 4282, Feb. 3, 1986). The boundaries of charges for a medical procedure by a physician or hospital (to the extent such the compensation districts may be Paroling, Recommitting, and procedure is covered by the OWCP fee modified at any time, and the Director Supervising Federal Prisoners: schedule). The Director’s investigation shall notify all interested parties Hearing Examiner Review Function directly by mail of the modifications. may initially be conducted informally through contact of the medical care AGENCY: (b) * * * United States Parole provider by the district director. If this Commission. (c) * * * informal investigation is unsuccessful ACTION: Final rule. further proceedings may be undertaken. § 702.224 [Amended] These proceedings may include, but not SUMMARY: The U.S. Parole Commission 4. Section 702.224 is amended by be limited to: an informal conference is changing the title of the agency removing the word ‘‘certified.’’ involving all interested parties; agency official who is charged, by regulation, Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51349 with the duty of reviewing the economic impact upon a substantial Counsel, U.S. Parole Commission, 5550 recommended decision of the hearing number of small entities, within the Friendship Blvd., Chevy Chase, examiner who conducts a parole meaning of the Regulatory Flexibility Maryland 20815. Telephone (301) 492– hearing, and with casting the vote that Act, 5 U.S.C. 605(b). 5959. forms a panel recommendation to the List of Subjects in 28 CFR Part 2 SUPPLEMENTARY INFORMATION: In 1976, Regional Commissioner. The current Congress enacted 18 U.S.C. 4209, which regulation refers to this official as the Administrative practice and authorizes the Commission to impose Regional Administrator. In anticipation procedure, Probation and parole, conditions of parole, and to modify of the closing of the U.S. Parole Prisoners. those conditions provided that notice is Commission’s regional offices and the Accordingly, the U.S. Parole given to the parolee, and ten days to consolidation of its operational staff, the Commission adopts the following provide comment, before such amendment to 28 CFR part 2: title of Regional Administrator is modification takes effect. The ten-day changed to Executive Hearing Examiner. Text of the Final Rule notice provision could only be waived EFFECTIVE DATE: January 31, 1996. following a revocation hearing, or in PART 2Ð[AMENDED] FOR FURTHER INFORMATION CONTACT: response to a request by the parolee. In Pamela A. Posch, Office of General (1) The authority citation for 28 CFR 1986, Congress amended 18 U.S.C. 4209 Counsel, U.S. Parole Commission, 5550 Part 2 continues to read as follows: to permit the Parole Commission to Friendship Blvd., Chevy Chase, Authority: 18 U.S.C. 4203(a)(1) and waive the ten-day notice provision Maryland 20815. Telephone (301) 492– 4204(a)(6). whenever necessary to prevent 5959. immediate harm to the parolee or the SUPPLEMENTARY INFORMATION: With the § 2.23 [Amended] public. The Parole Commission has made use anticipated elimination of the U.S. (2) 28 CFR Part 2, § 2.23 is amended of that statutory authority to order Parole Commission’s regional office by deleting the words ‘‘Regional modifications of parole conditions when structure, it will be necessary for the Administrator’’ and substituting urgently needed to protect the public Commission to change the title, and ‘‘Executive Hearing Examiner’’ safety. However, the Commission did some of the administrative functions, of wherever the words ‘‘Regional not amend its regulation at 28 CFR the senior hearing examiners who Administrator’’ appear. 2.40(g), in order to update the currently serve as Regional Dated: September 21, 1995. description of the Commission’s Administrators. However, for the Jasper R. Clay, Jr., statutory authority that is contained in decisionmaking function described at 28 Vice Chairman, U.S. Parole Commission. that regulation. The revised regulation CFR 2.23, the role of the Regional [FR Doc. 95–24195 Filed 9–29–95; 8:45 am] promulgated herein corrects that Administrator will not change. Thus, BILLING CODE 4410±01±P omission. the substitution of the title Executive Hearing Examiner for ‘‘Regional Executive Order 12866 and Regulatory Administrator’’ in 28 CFR 2.23 reflects 28 CFR Part 2 Flexibility Statement agency structural changes that are Paroling, Recommitting, and The U.S. Parole Commission has outside the scope of the function determined that this rule is not a described by that regulation. The Supervising Federal Prisoners: Modification of Parole Conditions significant rule within the meaning of Executive Hearing Examiner will Executive Order 12866, and the rule continue to provide, for each case to be AGENCY: Parole Commission, Justice. has, accordingly, not been reviewed by decided by the Commission, the review ACTION: Final rule. the Office of Management and Budget. and participation of a senior hearing The rule will not have a significant SUMMARY: The U.S. Parole Commission examiner before a panel economic impact upon a substantial is revising the regulation that describes recommendation is finalized. number of small entities, within the the statutory procedure that the meaning of the Regulatory Flexibility Implementation Commission must follow whenever it Act, 5 U.S.C. 605(b). This rule change will take effect upon changes a parolee’s conditions of parole. the anticipated closing of the The current regulation omits reference List of Subjects in 28 CFR Part 2 Commission’s regional office, and the to an important exception to the Administrative practice and consolidation of agency operational staff statutory requirement that each parolee procedure, Probation and parole, at the Commission’s Chevy Chase, be given ten days to comment on any Prisoners. Maryland Headquarters. Thereafter, modification of the conditions of parole Accordingly, the U.S. Parole Regional Commissioners will continue before it goes into effect. The Commission adopts the following to decide cases arising in each Commission may waive the ten-day amendment to 28 CFR Part 2: Commissioner’s respective region. notice procedure when it determines However, Regional Commissioners will that an immediate modification of the PART 2Ð[AMENDED] be served by a centralized operations conditions of parole is necessary to staff. prevent harm to the parolee or the 1. The authority citation for 28 CFR public. Although the Commission Part 2 continues to read as follows: Executive Order 12866 and Regulatory presently has the statutory authority to Authority: 18 U.S.C. 4203(a)(1) and Flexibility Statement apply this exception, and does so when 4204(a)(6). The U.S. Parole Commission has circumstances warrant, the Commission 2. 28 CFR Part 2, § 2.40(g) is revised determined that this rule is not a has determined that its regulation to read as follows: significant rule within the meaning of should be amended to describe this Executive Order 12866, and the rule authority. § 2.40 Conditions of release. has, accordingly, not been reviewed by EFFECTIVE DATE: November 1, 1995. * * * * * the Office of Management and Budget. FOR FURTHER INFORMATION CONTACT: (g) The ten-day notice provision of The rule will not have a significant Pamela A. Posch, Office of General paragraph (b) of this section shall not 51350 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations apply to a modification of the Commission to delay its review until 6. 28 CFR Part 2, § 2.14(b)(3) is conditions of parole 180 days prior to the date, delays can amended by substituting ‘‘nine months’’ (1) Following a revocation hearing, occur in the release planning efforts of for ‘‘six months’’ wherever the latter (2) Upon a finding that immediate Bureau of Prisons staff. In order to avoid words occur. modification of the conditions of parole such delays, the Commission has is required to prevent harm to the decided to amend 28 CFR 2.1(h) to § 2.29 [Amended] parolee or the public, or permit the Commission to convert a 7. 28 CFR Part 2, § 2.29(b) is amended (3) In response to a request by the presumptive date of parole to an by substituting ‘‘nine months’’ for ‘‘six parolee under paragraph (f) of this effective date of parole (i.e., a parole months.’’ section. date that is not subject to further review) Dated: September 21, 1995. * * * * * nine months prior to that date. Certain Jasper R. Clay, Jr., Dated: September 21, 1995. other rules are also amended, in order Vice Chairman, U.S. Parole Commission. Jasper R. Clay, Jr., to conform with this change. [FR Doc. 95–24194 Filed 9–29–95; 8:45 am] Vice Chairman, U.S. Parole Commission. Executive Order 12866 and Regulatory BILLING CODE 4410±01±P [FR Doc. 95–24196 Filed 9–29–95; 8:45 am] Flexibility Statement BILLING CODE 4410±01±P The U.S. Parole Commission has determined that this rule is not a EQUAL EMPLOYMENT OPPORTUNITY significant rule within the meaning of COMMISSION 28 CFR Part 2 Executive Order 12866, and the rule 29 CFR Part 1602 Paroling, Recommitting, and has, accordingly, not been reviewed by the Office of Management and Budget. Supervising Federal Prisoners: Pre- Records and Reports Release Reviews of Parole Dates The rule will not have a significant economic impact upon a substantial AGENCY: Equal Employment AGENCY: Parole Commission, Justice. number of small entities, within the Opportunity Commission. ACTION: Final rule. meaning of the Regulatory Flexibility ACTION: Notice of extension of deadline Act, 5 U.S.C. 605(b). for filing report. SUMMARY: The U.S. Parole Commission List of Subjects in 28 CFR Part 2 is changing the definition of the term SUMMARY: Notice is hereby given that ‘‘effective date of parole’’ to refer to a Administrative practice and the deadline for filing the 1995 State parole that has been given final procedure, Probation and parole, and Local Government Information approval, without further review, within Prisoners. Report (EEO–4) required by 29 CFR nine months of the prisoner’s scheduled Accordingly, the U.S. Parole 1602.32 is extended from September 30, release. Under the current rule, the final Commission adopts the following 1995 to October 31, 1995. There is no review and approval of a parole date can amendments to 28 CFR Part 2: change in the reference period used for only occur within six months of the The Final Rule information reported (i.e., payroll prisoner’s release. Until such final period which includes June 30, 1995). review and approval, a parole date is PART 2Ð[AMENDED] EFFECTIVE DATE: October 2, 1995. presumptive only. The purpose of this rule change is to streamline the review 1. The authority citation for 28 CFR FOR FURTHER INFORMATION CONTACT: process, and to avoid delays in the Part 2 continues to read as follows: Joachim Neckere, Director, Program Research and Surveys Division, at (202) release planning efforts of prison staff. Authority: 18 U.S.C. 4203(a)(1) and It does not otherwise change the 4204(a)(6). 663–4958 (voice) or (202) 663–7063 (TDD). paroling practices of the Commission. 2. 28 CFR Part 2, § 2.1(h) is revised to EFFECTIVE DATE: November 1, 1995. read as follows: For the Commission. FOR FURTHER INFORMATION CONTACT: Dated: September 26, 1995. Pamela A. Posch, Office of General § 2.1 Definitions. Gilbert F. Casellas, Counsel, U.S. Parole Commission, 5550 * * * * * Chairman. Friendship Blvd., Chevy Chase, (h) The term effective date of parole [FR Doc. 95–24432 Filed 9–29–95; 8:45 am] refers to a parole date that has been Maryland 20815. Telephone (301) 492– BILLING CODE 6750±01±M 5959. approved following an in-person hearing held within nine months of SUPPLEMENTARY INFORMATION: Under the such date, or following a pre-release federal parole system, an eligible 29 CFR Part 1602 record review. prisoner (i.e., a prisoner whose crime Records and Reports was committed prior to November 1, * * * * * 1987), may be given a presumptive § 2.12 [Amended] AGENCY: Equal Employment parole date up to fifteen years in 3. 28 CFR Part 2, § 2.12(a) is amended Opportunity Commission. advance. The date is ‘‘presumptive’’ by substituting ‘‘nine months’’ for ‘‘six ACTION: Notice of extension of deadline because it is subject to periodic interim months.’’ for filing report. hearings under 18 U.S.C. 4208(h), and to a final pre-release review and approval § 2.14 [Amended] SUMMARY: Notice is hereby given that six months prior to the scheduled 4. 28 CFR Part 2, § 2.14(a)(1)(ii) is the deadline for filing the 1995 release of the prisoner. 28 CFR 2.14(b). amended by substituting ‘‘nine months’’ Employer Information Report (EEO–1) The Bureau of Prisons submits a for ‘‘six months’’ wherever the latter required by 29 CFR 1602.7 is extended progress report on each prisoner who words occur. from September 30, 1995 to October 31, has a presumptive parole date, six to 5. 28 CFR Part 2, § 2.14(a)(2)(iv) is 1995. There is no change in the nine months in advance of that date. amended by substituting ‘‘nine months’’ reference period used for information Because 28 CFR 2.1(h) requires the for ‘‘six months.’’ reported (i.e., third quarter of the Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51351 calendar year or another period that has Air Quality Management, Bureau of the reader should refer to the General been or is approved by the Air Quality Planning, 401 East State Preamble (57 FR 18070, Appendix B, Commission). Street, CN418, Trenton, New Jersey April 28, 1992) for a more detailed EFFECTIVE DATE: October 2, 1995. 08625. discussion of the interpretations of Title FOR FURTHER INFORMATION CONTACT: Environmental Protection Agency, Air I advanced in today’s action and the Joachim Neckere, Director, Program and Radiation Docket and Information supporting rationale. In today’s Research and Surveys Division, at (202) Center, 401 M Street, SW., rulemaking on the New Jersey ozone 663–4958 (voice) or (202) 663–7063 Washington, DC 20460. base year emissions inventory, EPA is (TDD). FOR FURTHER INFORMATION CONTACT: applying its interpretations taking into consideration the specific factual issues For the Commission. Demian Ellis, Air Programs Branch, Environmental Protection Agency, 290 presented. Dated: September 26, 1995. Broadway 20th Floor, New York, New Those states containing ozone Gilbert F. Casellas, York 10007–1866, (212) 637–4249. nonattainment areas classified as Chairman. marginal to extreme are required under [FR Doc. 95–24431 Filed 9–29–95; 8:45 am] SUPPLEMENTARY INFORMATION: section 182(a)(1) of the Act to submit a BILLING CODE 6750±01±M Background final, comprehensive, current, and accurate inventory of actual ozone Under the Clean Air Act Amendments season, weekday emissions from all of 1990 (the Act), states have the sources by November 15, 1992. This ENVIRONMENTAL PROTECTION responsibility to inventory emissions inventory is for calendar year 1990 and AGENCY contributing to National Ambient Air is denoted as the base year inventory. It 40 CFR Part 52 Quality Standard (NAAQS) includes both anthropogenic and nonattainment, to track these emissions [Region II Docket No. 141; NJ21±1±7065a, biogenic sources of volatile organic over time, and to ensure that control compound (VOC), nitrogen oxides FRL±5306±6] strategies are being implemented that (NOX), and carbon monoxide (CO). The Approval and Promulgation of reduce emissions and move areas inventory is to address actual VOC, towards attainment. The Act requires Implementation Plans; The 1990 Base NOX, and CO emissions for the area Year Ozone Emissions Inventory for ozone nonattainment areas designated during a peak ozone season, which is New Jersey as marginal, moderate, serious, severe, generally comprised of the summer and extreme to submit a SIP revision months. All stationary point and area AGENCY: Environmental Protection within three years of 1990 which sources, as well as highway mobile Agency (EPA). contains a comprehensive, current, and sources within the nonattainment area, ACTION: Direct final rule. accurate emission inventory. The 1990 are to be included in the compilation. base year emissions inventory is the SUMMARY: EPA is approving revisions to Available guidance for preparing primary inventory from which the emission inventories is provided in the the New Jersey State Implementation periodic inventory, the Reasonable Plan (SIP) pertaining to the 1990 base General Preamble (57 FR 13498, April Further Progress (RFP) projection 16, 1992). year ozone precursor emission inventory, and the modeling inventory inventory. The inventories were are derived. Further information on Today’s Rulemaking submitted by New Jersey as part of New these inventories and their purpose can Section 110(k) of the Act sets out Jersey’s plan to attain the national be found in the ‘‘Emission Inventory provisions governing EPA’s review of ambient air quality standard (NAAQS) Requirements for Ozone State base year emission inventory submittals for ozone in the Atlantic City, New Implementation Plans,’’ U.S. in order to determine approval or York/Northern New Jersey/Long Island, Environmental Protection Agency, disapproval under section 182(a)(1) (see Philadelphia/Wilmington/ Trenton, and Office of Air Quality Planning and 57 FR 13565–66, April 16, 1992). EPA Allentown/Bethlehem/Easton areas of Standards, Research Triangle Park, is approving the 1990 base year ozone New Jersey. North Carolina, March 1991. The base emission inventory submitted to EPA DATES: This final rule is effective on year inventory may also serve as part of for the Atlantic City, New York/ December 1, 1995, unless adverse or statewide inventories for purposes of Northern New Jersey/Long Island, critical comments are received by regional modeling in transport areas. Philadelphia/Wilmington, Trenton, and November 1, 1995. If the effective date The base year inventory plays an Allentown/Bethlehem/Easton is delayed, timely notice will be important role in modeling nonattainment areas, based upon the published in the Federal Register. demonstrations for areas classified as review procedures outlined in the next ADDRESSES: All comments should be moderate and above outside transport section. addressed to: William S. Baker, Chief, regions. Air Programs Branch, Environmental The air quality planning requirements A. Criteria for Approval Protection Agency, Region II Office, 290 for marginal to extreme ozone There are general and specific Broadway 20th Floor, New York, New nonattainment areas are set out in components of an acceptable emission York, 10007–1866. section 182 (a)–(e) of Title I of the Act. inventory. In general, the emission Copies of the State submittal are EPA has issued a General Preamble inventory must meet certain minimum available at the following addresses for describing EPA’s preliminary views on requirements for reporting each source inspection during normal business how EPA intends to review SIP category. Specifically, the source hours: revisions submitted under Title I of the requirements are detailed below. Environmental Protection Agency, Act, including requirements for the A Level I and II review process, which Region II Office, Air Programs Branch, preparation of the 1990 base year is described in supporting 290 Broadway 20th Floor, New York, inventory [see 57 FR 13502; April 16, documentation, is used to determine New York 10007–1866. 1992 and 57 FR 18070; April 28, 1992]. that all components of the base year New Jersey Department of Because EPA is describing its inventory are present. This review also Environmental Protection, Office of interpretation here only in broad terms, evaluates the level of supporting 51352 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations documentation provided by the state, Office of Air Quality Planning and revision to the SIP. On November 21, assesses whether the emissions were Standards, Research Triangle Park, NC, 1994, New Jersey submitted a technical developed according to current EPA July 27, 1992. Level III review amendment to its carbon monoxide SIP, guidance, and evaluates the quality of procedures are specified in a which included revisions to the 1990 the data. memorandum from David Mobley and base year ozone emission inventory. In The level III review process is G.T. Helms to the Regions ‘‘1990 O3/CO a letter dated April 16, 1994, EPA found outlined here and consists of 10 points SIP Emission Inventory Level III the emission inventory to be complete. that the inventory must include. For a Acceptance Criteria,’’ October 7, 1992 Based on EPA’s level III review base year emission inventory to be and revised in a memorandum from findings, New Jersey has satisfied all of acceptable it must pass all of the John Seitz to the Regional Air Directors EPA’s requirements for purposes of following acceptance criteria: dated June 24, 1993. providing a comprehensive, accurate, • Was there an approved Inventory and current inventory of actual B. Procedural Background Preparation Plan (IPP)? Was the QA emissions in the ozone nonattainment program contained in the IPP The Act requires states to observe areas. A summary of EPA’s level III implemented and was its certain procedural requirements in findings is given below: implementation documented? developing emission inventory • New Jersey submitted an Inventory • Was documentation adequate to submissions to EPA. Section 110(a)(2) of Preparation Plan for the Development of enable the reviewer to determine the the Act provides that each emission Ozone/CO SIP Inventory of Base Year emission estimation procedures and the inventory submitted by a state must be 1990 Emissions, dated August 1991 and data sources used to develop the adopted after reasonable notice and revised April 1992. This Plan contained inventory? public hearing.1 Final approval of the a Quality Assurance Plan which was • Is the point source inventory inventory will not occur until the state implemented and documented. complete? revises the inventory to address public • The inventory is well documented. • Were point source emissions comments. EPA created a ‘‘de minimis’’ New Jersey provided documentation prepared/calculated according to exception to the public hearing detailing the methods used to develop current EPA guidance? requirement for minor changes. EPA emissions estimates for each category. In • Is the area source inventory defines ‘‘de minimis’’ for such purposes addition, New Jersey identified the complete? to be those in which the 15 percent sources of data used in developing the • Were the area source emissions reduction calculation and the associated inventory. prepared/calculated according to control strategy or the maintenance plan • The point and area source current EPA guidance? showing, do not change. States will inventories are complete and were • Were biogenic emissions prepared/ aggregate all such ‘‘de minimis’’ changes prepared/calculated in accordance with calculated using PC–BEIS according to together when making the EPA guidance. current EPA guidance? determination as to whether the change • New Jersey biogenic emissions were • Was the method (e.g., Highway constitutes a SIP revision. The states prepared/calculated using the July, 1991 Performance Monitoring System will need to make the change through a version of PC–BEIS according to current (HPMS), network transportation formal SIP revision process, in EPA guidance. planning model) used to develop conjunction with the change to the • The method used to develop VMT Vehicles Miles Traveled (VMT) control measure or other SIP programs. estimates was in accordance with EPA estimates in accordance with EPA Section 110(a)(2) of the Act similarly guidance and was adequately described guidance, and was it adequately provides that each revision to an and documented in the inventory described and documented in the implementation plan submitted by a report. inventory report? state under the Act must be adopted by • • The most current version of the Was the MOBILE 4.1 vehicle such state after reasonable notice and mobile model was used correctly for emissions model correctly used to public hearing. each of the eight vehicle classes. produce emission factors for each of the • Emission estimates for the non-road eight MOBILE 4.1 vehicle classes? C. State Submittal • mobile source categories were correctly Were the emission estimates for The State of New Jersey held a public prepared according to EPA guidance. non-road source categories correctly hearing on October 14 and 19, 1993 to Based on EPA guidance, the inventory prepared according to current EPA receive public comment on the 1990 is complete and approvable. A more guidance? base year emission inventory for the detailed discussion of how the emission The base year emission inventory is Atlantic City, New York/Northern New inventory was reviewed and the results approvable if it passes Levels I, II, and Jersey/Long Island, Philadelphia/ are presented in the supporting TSD. III of the review process. Detailed Level Wilmington/Trenton, and Allentown/ A summary of the emission I and II review procedures can be found Bethlehem/Easton nonattainment areas inventories broken down by point, area, in the following document: ‘‘Quality of New Jersey. The inventory was biogenic, on-road, and non-road mobile Review Guidelines for 1990 Base Year adopted by the State and signed and sources are presented in the following Emission Inventories,’’ U.S. submitted by the Commissioner on tables: Environmental Protection Agency, November 15, 1993 as a proposed
1 Also Section 172(c)(7) of the Act requires that plan provisions for nonattainment areas meet the applicable provisions of Section 110(a)(2). Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51353
NEW YORK/NORTHERN NEW JERSEY/LONG ISLAND OZONE NONATTAINMENT AREA (NEW JERSEY PORTION) EMISSIONS [Tons/day]
On- Non- Area Point road road source source mobile mobile Total Pollutant emis- emis- source source Biogenics emis- sions sions emis- emis- sions sions sions
VOC ...... 294 238 341 136 210 1,219 NOX ...... 53 451 397 140 N/A 1,041 CO ...... 41 73 2162 974 N/A 3,250
ATLANTIC CITY MSA OZONE NONATTAINMENT AREA (NEW JERSEY PORTION) EMISSIONS [Tons/day]
On- Non- Area Point road road source source mobile mobile Biogenics Total Pollutant emis- emis- source source emis- emis- sions sions emis- emis- sions sions sions sions
VOC ...... 17 1 23 11 54 106 NOX ...... 2 62 29 13 N/A 106 CO ...... 4 3 148 67 N/A 222
ALLENTOWN/BETHLEHEM MSA OZONE NONATTAINMENT AREA (NEW JERSEY PORTION) EMISSIONS [Tons/day]
On- Non- Area Point road road source source mobile mobile Biogenics Total Pollutant emis- emis- source source emis- emis- sions sions emis- emis- sions sions sions sions
VOC ...... 6 3 7 4 24 44 NOX ...... 1 11 10 2 N/A 24 CO ...... 1 1 45 18 N/A 65
PHILADELPHIA/WILMINGTON/TRENTON CMSA OZONE NONATTAINMENT AREA (NEW JERSEY PORTION) EMISSIONS [Tons/day]
On- Non- Area Point road road source source mobile mobile Biogenics Total Pollutant emis- emis- source source emis- emis- sions sions emis- emis- sions sions sions sions
VOC ...... 100 112 108 46 203 569 NOx ...... 12 308 132 40 N/A 492 CO ...... 15 55 701 314 N/A 1,085
Conclusion request for revision to the SIP shall be be effective December 1, 1995, unless, EPA is fully approving the SIP ozone considered separately in light of specific by November 1, 1995, adverse or critical precursor emission inventory submitted technical, economic, and environmental comments are received. to EPA by the State of New Jersey on factors and in relation to relevant If the EPA receives such comments, November 15, 1993 and amended on statutory and regulatory requirements. this rule will be withdrawn before the November 21, 1994. The State has EPA is publishing this rule without effective date by publishing a submitted a complete inventory prior proposal because EPA views this subsequent notice that will withdraw containing point, area, biogenic, on- as a noncontroversial amendment and the final action. All public comments road, and non-road mobile source data, anticipates no adverse comments. received will then be addressed in a and adequate documentation. However, in a separate document in this subsequent final rule based on this Nothing in this action should be Federal Register publication, the EPA is action serving as a proposed rule. The construed as permitting or allowing or proposing to approve the SIP revision EPA will not institute a second establishing a precedent for any future should adverse or critical comments be comment period on this action. Any request for revision to any SIP. Each filed. Thus, this direct final action will parties interested in commenting on this 51354 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations rule should do so at this time. If no state, local, or tribal governments, or to New Jersey/Long Island, Philadelphia/ adverse comments are received, the the private sector, result from this Wilmington/ Trenton, and Allentown/ public is advised that this rule will be action. EPA has also determined that Bethlehem/Easton areas of New Jersey. effective in 60 days. (See 47 FR 27073 this direct final action does not include The inventory was submitted on and 59 FR 24059). a mandate that may result in estimated November 15, 1993 and amended on Under the Regulatory Flexibility Act, annual costs of $100 million or more to November 21, 1994 by the New Jersey 5 U.S.C. § 600 et. seq., EPA must state, local, or tribal governments in the Department of Environmental Protection prepare a regulatory flexibility analysis aggregate or to the private sector. as a revision to the ozone State assessing the impact of any proposed or This action has been classified as a Implementation Plan (SIP). final rule on small entities. 5 U.S.C. Table 3 action for signature by the [FR Doc. 95–24461 Filed 9–29–95; 8:45 am] §§ 603 and 604. Alternatively, EPA may Regional Administrator under the certify that the rule will not have a procedures published in the Federal BILLING CODE 6560±50±P significant impact on a substantial Register on January 19, 1989 (54 FR number of small entities. Small entities 2214–2225), as revised by a July 10, 40 CFR Parts 52 and 81 include small businesses, small not-for- 1995 memorandum from Mary Nichols, profit enterprises, and government Assistant Administrator for Air and [LA±15±1±6073a; FRL±5307±4] entities with jurisdiction over Radiation. The Office of Management populations of less than 50,000. and Budget (OMB) has exempted this Approval and Promulgation of SIP approvals under Section 110 and regulatory action from E.O. 12866 Implementation Plans and Designation Subchapter I, Part D of the Act do not review. of Areas for Air Quality Planning create any new requirements, but Under section 307(b)(l) of the Act, Purposes; State of Louisiana; simply approve requirements that the petitions for judicial review of this rule Approval of the Maintenance Plan for State is already imposing. Therefore, must be filed in the United States Court the New Orleans Consolidated because the federal SIP-approval does of Appeals for the appropriate circuit Metropolitan Statistical Area (CMSA); not impose any new requirements, I within 60 days from date of publication. Redesignation of the New Orleans certify that it does not have a significant Filing a petition for reconsideration by CMSA To Attainment impact on any small entities affected. the Administrator of this final rule does Moveover, due to the nature of the AGENCY: Environmental Protection not affect the finality of this rule for the Agency (EPA). federal-state relationship under the Act, purposes of judicial review nor does it ACTION: Direct final rule. preparation of a regulatory flexibility extend the time within which a petition analysis would constitute federal for judicial review may be filed and inquiry into the economic SUMMARY: On October 15, 1994, the shall not postpone the effectiveness of State of Louisiana submitted a revised reasonableness of state action. The such rule or action. This rule may not Clean Air Act forbids EPA to base its maintenance plan and request to be challenged later in proceedings to redesignate the New Orleans CMSA actions concerning SIPs on such enforce its requirements. (See 307(b)(2)). grounds. Union Electric Co. v US EPA, ozone nonattainment area to attainment. 427 US 246, 256–66 (S.Ct. 1976); 42 List of Subjects in 40 CFR Part 52 The New Orleans CMSA is comprised of six parishes: Jefferson, Orleans, St. U.S.C. § 7410(a)(2). Air pollution control, Carbon Under sections 202, 203, and 205 of Charles, St. Bernard, St. John the monoxide, Hydrocarbons, Incorporation Baptist, and St. Tammany. Maintenance the Unfunded Mandates Reform Act of by reference, Intergovernmental 1995 (‘‘Unfunded Mandates Act’’), and contingency plans are not included relations, Nitrogen dioxide, Ozone, in the action for the parishes of St. John signed into law on March 22, 1995, EPA Volatile organic compounds. must undertake various actions in the Baptist and St. Tammany. St. John association with proposed or final rules Dated: September 18, 1995. the Baptist Parish was previously that include a federal mandate that may William J. Muszynski, redesignated to attainment, and St. result in estimated annual costs of $100 Deputy Regional Administrator. Tammany Parish has never been million or more to the private sector, or Part 52, chapter I, title 40 of the Code designated as nonattainment. to state, local, or tribal governments in of Federal Regulations is amended as This maintenance plan and the aggregate. follows: redesignation request was initially Through submission of this state submitted to the EPA on April 23, 1993. implementation plan or plan revision, PART 52Ð[AMENDED] Although the EPA deemed this initial the state and any affected local or tribal submittal complete on September 10, governments have elected to adopt the 1. The authority citation for part 52 1993, certain approvability issues program provided for under sections continues to read as follows: existed. The State of Louisiana 110 and 182 of the Clean Air Act. These Authority: 42 U.S.C. 7401–7671q. addressed these approvability issues rules may bind state, local and tribal and has revised its submissions. Under governments to perform certain actions Subpart FFÐNew Jersey the Clean Air Act (CAA), nonattainment and also require the private sector to 2. Section 52.1582 is amended by areas may be redesignated to attainment perform certain duties. To the extent adding paragraph (d) to read as follows: if sufficient data are available to warrant that the rules being approved by this the redesignation and the area meets the action would impose any mandate upon § 52.1582 Control strategy and other CAA redesignation requirements. the state, local or tribal governments regulations: Ozone (volatile organic In this action, EPA is approving either as the owner or operator of a substances) and carbon monoxide. Louisiana’s redesignation request source or as a regulator, or would * * * * * because it meets the maintenance plan impose any mandate upon the private (d) The base year ozone precursor and redesignation requirements set forth sector, EPA’s action will impose no new emission inventory requirement of in the CAA, and EPA is approving the requirements; such sources are already section 182(a)(1) of the 1990 Clean Air 1990 base year emissions inventory. The subject to these regulations under state Act Amendments has been satisfied for approved maintenance plan will law. Accordingly, no additional costs to the Atlantic City, New York/ Northern become a federally enforceable part of Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51355 the State Implementation Plan (SIP) for redesignations, the State of Louisiana redesignation process for an area to Louisiana. has an approved ozone SIP for these apply for attainment status. DATES: This final rule is effective on parishes being considered for Please see EPA’s Technical Support December 1, 1995, unless notice is redesignation. Document (TSD) contained in the postmarked by November 1, 1995, that On November 15, 1990, the CAA docket for a detailed discussion of these someone wishes to submit adverse or Amendments of 1990 were enacted requirements. critical comments. If the effective date is (Public Law 101–549, 104 Stat. 2399, (1) Attainment of the NAAQS for Ozone delayed, timely notice will be published codified at 42 U.S.C. 7401–7671q). The in the Federal Register (FR). ozone nonattainment designation for Attainment of the ozone NAAQS is ADDRESSES: Comments should be Jefferson, Orleans, St. Charles, and St. determined based on the expected mailed to Thomas H. Diggs, Chief, Air Bernard Parishes continued by number of exceedances in a calendar Planning Section (6PD-L), U.S. EPA operation of law according to section year. The method for determining Region 6, 1445 Ross Avenue, Dallas, 107(d)(1)(C)(i) of the CAA, as amended attainment of the ozone NAAQS is Texas 75202–2733. Copies of the State’s in 1990 (See 56 FR 56694, November 6, contained in 40 CFR 50.9 and appendix petition and other information relevant 1991). Since the State had collected the H to that section. The simplest method to this action are available for required three years of ambient air by which expected exceedances are inspection during normal hours at the quality data necessary to petition for calculated is by averaging actual following locations: redesignation to attainment, and these exceedances at each monitoring site U.S. Environmental Protection Agency, data demonstrate that the ozone over a three year period. An area is in Region 6, Air Planning Section (6PD– standard had not been violated, the New attainment of the standard if this L), 1445 Ross Avenue, Suite 700, Orleans CMSA was designated as average results in expected exceedances Dallas, Texas 75202–2733. transitional for ozone. for each monitoring site of 1.0 or less Air and Radiation Docket and The Louisiana Department of per calendar year. When a valid daily Information Center, U.S. Environmental Quality (LDEQ) has maximum hourly average value is not Environmental Protection Agency, continued to collect ambient monitoring available for each required monitoring 401 M Street SW., Washington, D.C. data that show no violations of the day during the year, the missing days 20460. ozone NAAQS of .12 parts per million. must be accounted for when estimating Louisiana Department of Environmental The State developed maintenance plans exceedances for the year. Appendix H Quality, Office of Air Quality, 7290 for Jefferson, Orleans, St. Bernard, and provides the formula used to estimate Bluebonnet Boulevard, Baton Rouge, St. Charles Parishes, and solicited the expected number of exceedances for Louisiana 70810. public comment. Subsequently, the each year. Anyone wishing to review this petition State of Louisiana submitted a request, The State of Louisiana’s request is at the Region 6 EPA office is asked to through the Governor’s office, to based on an analysis of quality-assured contact the person below to schedule redesignate these parishes to attainment ozone air quality data which is relevant an appointment 24 hours in advance. with respect to the ozone NAAQS. The to both the maintenance plan and to the FOR FURTHER INFORMATION CONTACT: Mr. initial redesignation request and redesignation request. The data come Mick Cote, Air Planning Section (6PD– maintenance plans for the New Orleans from the State and Local Air Monitoring L), U.S. Environmental Protection CMSA were submitted to the EPA on Station network. This request is based Agency, Region 6, 1445 Ross Avenue, April 23, 1993. Although these on ambient air ozone monitoring data Dallas, Texas 75202–2733, telephone maintenance plans and the collected for more than 3 consecutive (214) 665–7219. redesignation request were deemed years in the area. Jefferson, Orleans, St. SUPPLEMENTARY INFORMATION: complete, several approvability issues Bernard, and St. Charles Parishes have existed. The State of Louisiana collected ozone data since 1982, 1981, Background addressed these approvability issues, 1981, and 1991, respectively. The data The CAA, as amended in 1977 and submitted revised maintenance clearly show an expected exceedance required areas that were designated plans and a redesignation request rate of less than 1 for all these parishes. nonattainment based on a failure to accordingly. The revised redesignation Please see the TSD for the detailed air meet the ozone National Ambient Air request for the New Orleans CMSA was quality monitoring data. Quality Standards (NAAQS) to develop received on October 14, 1994. In addition to the demonstration SIPs with sufficient control measures to discussed above, EPA required Evaluation Criteria expeditiously attain and maintain the completion of air network monitoring standard. The New Orleans CMSA was The 1990 Amendments revised requirements set forth in 40 CFR part designated under section 107 of the section 107(d)(3)(E) to provide five 58. This included a quality assurance 1977 CAA as nonattainment with specific requirements that an area must plan revision and a monitoring network respect to the ozone NAAQS on meet in order to be redesignated from review to determine the adequacy of the September 11, 1978 (40 CFR 81.319). In nonattainment to attainment: (1) The ozone monitoring network. The LDEQ accordance with section 110 of the 1977 area must have attained the applicable fulfilled these requirements to complete CAA, the State of Louisiana submitted NAAQS; (2) the area must meet all documentation for the air quality an ozone SIP as required by part D on applicable requirements under section demonstration. The LDEQ has also December 10, 1979. EPA fully approved 110 and part D of the CAA; (3) the area committed to continue monitoring in this ozone SIP on October 29, 1981 (46 must have a fully approved SIP under the New Orleans CMSA in accordance FR 53412). The most recent revision to section 110(k) of the CAA; (4) the air with 40 CFR part 58. the ozone SIP occurred on May 5, 1994, quality improvement must be In summary, EPA believes that the when the EPA approved a SIP revision permanent and enforceable; and, (5) the data submitted by the LDEQ provides an for the State of Louisiana to correct area must have a fully approved adequate demonstration that the New certain enforceability deficiencies in its maintenance plan pursuant to section Orleans CMSA attained the ozone volatile organic compounds (VOC) rules 175A of the CAA. Section 107(d)(3)(D) NAAQS. Moreover, the monitoring data (59 FR 23164). For purposes of allows a Governor to initiate the continue to show attainment to date. 51356 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations
If the State’s monitoring data (3) Part D Requirements Pursuant to 40 CFR 51.396 of the demonstrates a valid violation of the transportation conformity rule and 40 NAAQS before the direct final action is Before the New Orleans CMSA can be CFR 51.851 of the general conformity effective, the direct final approval of the redesignated to attainment, the rule, the State of Louisiana was required redesignation will be withdrawn and a Louisiana SIP must have fulfilled the to submit a SIP revision containing proposed disapproval substituted for the applicable requirements of part D of the transportation conformity criteria and direct final approval. CAA. Under part D, an area’s procedures consistent with those classification indicates the requirements established in the Federal rule by (2) Section 110 Requirements to which it will be subject. Subpart 1 of November 25, 1994. Similarly, For purposes of redesignation, to meet part D sets forth the basic nonattainment Louisiana was required to submit a SIP the requirement that the SIP contain all requirements applicable to all revision containing general conformity applicable requirements under the CAA, nonattainment areas, classified as well criteria and procedures consistent with EPA has reviewed the SIP to ensure that as nonclassifiable. Subpart 2 of part D those established in the Federal rule by it contains all measures that were due establishes additional requirements for December 1, 1994. Louisiana submitted under the CAA prior to or at the time nonattainment areas classified under both its transportation and general the State submitted its redesignation table 1 of section 181(a)(1). Since the conformity rules to EPA on November request, as set forth in EPA policy. EPA New Orleans CMSA is considered 10, 1994. As these requirements did not interprets section 107(d)(3)(E)(v) of the nonclassifiable, the State is only come due until after the original CAA to mean that, for a redesignation required to meet the applicable submission date of this redesignation request to be approved, the State must requirements of subpart 1 of part D— request, these conformity rule have met all requirements that applied specifically sections 172(c) and 176. As submissions need not be approved prior to the subject area prior to or at the same long as EPA did not determine that any to taking action on this redesignation time as the submission of a complete of the pertinent section 172(c) request. requirements were applicable prior to redesignation request. In this case, the (3) Fully Approved SIP date of submission of a complete the submission of these redesignation redesignation request is April 23, 1993. requests in 1993, none of these The EPA finds that the State of Requirements of the CAA that come due requirements are applicable for Louisiana has a fully approved SIP for subsequently continue to be applicable purposes of this redesignation action. the New Orleans CMSA for the purposes to the area at later dates (see section Section 176(c) of the CAA requires of redesignating the area to attainment 175A(c)) and, if redesignation of any of States to revise their SIP’s to establish for ozone. the areas is disapproved, the State criteria and procedures to ensure that (4) Permanent and Enforceable remains obligated to fulfill those Federal actions, before they are taken, Measures requirements. These requirements are conform to the air quality planning discussed in the following EPA goals in the applicable State SIP. The Under the CAA, EPA approved documents: ‘‘Procedures for Processing requirement to determine conformity Louisiana’s SIP control strategy for the Requests to Redesignate Areas to applies to transportation plans, New Orleans CMSA, satisfied that the Attainment,’’ John Calcagni, Director, programs and projects developed, rules and the emission reductions Air Quality Management Division, funded, or approved under title 23 achieved as a result of those rules were September 4, 1992; ‘‘State U.S.C. or the Federal Transit Act enforceable. Several Federal and Implementation Plan (SIP) Actions (‘‘transportation conformity’’), as well as Statewide rules are in place which have Submitted in Response to Clean Air Act to all other Federal actions (‘‘general significantly improved the ambient air (CAA) Deadlines,’’ John Calcagni, conformity’’). quality in this area. Existing Federal Director, Air Quality Management Section 176 further provides that the programs, such as the Federal Motor Division, October 28, 1992; and ‘‘State conformity revisions to be submitted by Vehicle Control Program and the Reid Implementation Plan (SIP) the States must be consistent with Vapor Pressure limit of 7.8 pounds per Requirements for Areas Submitting Federal conformity regulations that the square inch for gasoline, will not be Requests for Redesignation to CAA required EPA to promulgate. lifted upon redesignation. These Attainment of the Ozone and Carbon Congress provided for the State programs will counteract emissions Monoxide (CO) National Ambient Air revisions to be submitted one year after growth as the area experiences Quality Standards (NAAQS) on or after the date for promulgation of final EPA economic growth over the life of their November 15, 1992,’’ Michael H. conformity regulations. When that date maintenance plans. Shapiro, Acting Assistant passed without such promulgation, The State adopted volatile organic Administrator, September 17, 1993. EPA’s General Preamble for the compound (VOC) rules such as oil/ EPA has analyzed the Louisiana SIP implementation of title I informed the water separation; degreasing and solvent and determined that it is consistent with State that its conformity regulations clean-up processes; surface coating rules the requirements of amended section would establish a submittal date (see 57 for large appliances, furniture, coils, 110(a)(2). The SIP contains enforceable FR 13498, 13557 (April 16, 1992)). The paper, fabric, vinyl, cans, miscellaneous emission limitations; requires EPA promulgated final transportation metal parts and products, and factory monitoring, compiling, and analyzing conformity regulations on November 24, surface coating of flat wood paneling; ambient air quality data; requires 1993 (58 FR 62118) and general solvent-using rules for graphic arts; and preconstruction review of new major conformity regulations on November 30, miscellaneous industrial source rules stationary sources and major 1993 (58 FR 63214). These conformity such as for cutback asphalt. The modifications to existing ones; provides rules require that States adopt both applicable reasonably available control for adequate funding, staff, and transportation and general conformity technology (RACT) rules will also associated resources necessary to provisions in the SIP for areas remain in place. In addition, the State implement its requirements; and designated nonattainment or subject to permits program, the Prevention of requires stationary source emissions a maintenance plan approved under Significant Deterioration permits monitoring and reporting. CAA section 175A. program, and the Federal Operating Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51357
Permits program will help counteract problems. Each of the section 175A plan The LDEQ provided the stationary emissions growth. requirements is discussed below. source estimates for each company The EPA finds that the combination of meeting the emissions criteria by Demonstration of Maintenance existing EPA-approved SIP and Federal requiring the submission of complete measures ensure the permanence and The requirements for an area to emissions inventory questionnaires enforceability of reductions in ambient redesignate to attainment are discussed which had been designed to obtain site- ozone levels that have allowed the area in the memorandum entitled specific data. The LDEQ generated area to attain the NAAQS. ‘‘Procedures for Processing Requests to source emissions for each source Redesignate Areas to Attainment,’’ John category based on EPA’s ‘‘Procedures for (5) Fully Approved Maintenance Plan the Preparation of Emissions Inventories Under Section 175A Calcagni, Director, Air Quality Management Division, September 4, for Precursors of Carbon Monoxide and In today’s document, EPA is Ozone, Volume I’’, and the EPA 1992 (Calcagni memo). One aspect of a approving the State’s maintenance plan document entitled ‘‘Compilation of Air complete maintenance demonstration for the New Orleans CMSA because EPA Pollutant Emission Factors’’. The discussed in the Calcagni memo is the finds that the LDEQ’s submittal meets nonroad mobile source inventory was requirement to develop an emissions the requirements of section 175A. Thus, developed using methodology inventory from one of the three years the area will have a fully approved recommended in EPA’s ‘‘Procedures for during which the area has demonstrated maintenance plan in accordance with Emission Inventory Preparation. attainment. This inventory should section 175A as of the effective date of Volume IV: Mobile Sources’’. include VOC’s, oxides of nitrogen this redesignation. Section 175A of the Additional data were provided with (NOx), and CO emissions from the area CAA sets forth the elements of a reference to an EPA-sponsored study maintenance plan for areas seeking in tons per day measurements. entitled ‘‘Nonroad Engine Emission redesignation from nonattainment to Attainment Inventory Inventories for CO and Ozone attainment. The plan must demonstrate Nonattainment Boundaries.’’ Onroad continued attainment of the applicable The LDEQ adopted a comprehensive emissions of VOC, NX, and CO were NAAQS for at least ten years after the inventory of VOC, NOX, and CO calculated on a county-wide basis using Regional Administrator approves a emissions from area, stationary, and EPA’s MOBILE5a computer model. redesignation to attainment. Eight years mobile sources using 1990 as the base Growth projections were derived from after the redesignation, the State must year to demonstrate maintenance of the the United States Department of submit a revised maintenance plan ozone NAAQS. EPA has determined Commerce, Bureau of Economic which demonstrates that attainment will that 1990 is an appropriate year on Analysis statistics. These projections continue to be maintained for the ten which to base attainment level represent growth for Louisiana for each years following the initial ten-year emissions because EPA policy allows emission source category. period. To provide for the possibility of States to select any one of the three The following table is a summary of future NAAQS violations, the years in the attainment period as the the revised average peak ozone season maintenance plan must contain attainment year inventory. The State’s weekday VOC and NOX emissions for contingency measures, with a schedule submittal contains the detailed the major anthropogenic source for implementation, adequate to assure inventory data and summary by source categories for the 1990 attainment year prompt correction of any air quality category. inventory.
Tons per day 1990 1995 2000 2005
Jefferson Parish
Point Source CO ...... 4.64 4.79 4.97 5.04 Point Source VOC ...... 6.28 6.41 6.54 6.62 Point Source NOX ...... 55.12 57.74 60.63 62.07 Area Source CO ...... 2.78 2.85 2.84 2.85 Area Source VOC ...... 25.85 26.41 26.33 26.42 Area Source NOX ...... 1.75 1.79 1.78 1.79 Nonroad Source CO ...... 118.08 120.60 120.27 120.67 Nonroad Source VOC ...... 13.58 13.87 13.83 13.88 Nonroad Source NOX ...... 13.63 13.92 13.88 13.93 Onroad Source CO ...... 255.87 179.03 147.19 132.46 Onroad Source VOC ...... 31.47 21.34 18.08 16.14 Onroad Source NOX ...... 27.90 24.61 21.53 19.35 Total CO ...... 381.37 307.26 275.26 258.45 Total VOC ...... 77.18 68.02 64.78 63.05 Total NOX ...... 98.41 98.06 97.82 97.14
Orleans Parish
Point Source CO ...... 2.04 2.10 2.18 2.21 Point Source VOC ...... 47 .47 .48 .47 Point Source NOX ...... 22.30 23.32 24.38 24.89 Area Source CO ...... 3.24 3.11 3.27 3.30 Area Source VOC ...... 23.21 22.25 23.42 23.67 Area Source NOX ...... 1.38 1.32 1.39 1.40 Nonroad Source CO ...... 130.89 125.53 132.11 133.48 51358 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations
Tons per day 1990 1995 2000 2005
Nonroad Source VOC ...... 15.05 14.43 15.19 15.35 Nonroad Source NOX ...... 15.05 14.43 15.19 15.35 Onroad Source CO ...... 262.15 192.22 157.38 139.77 Onroad Source VOC ...... 32.16 22.90 19.50 17.29 Onroad Source NOX ...... 30.01 27.65 24.08 21.44 Total CO ...... 398.32 322.96 294.94 278.75 Total VOC ...... 70.89 60.06 58.59 56.78 Total NOX ...... 68.79 66.72 65.04 63.08
St. Bernard Parish
Point Source CO ...... 53.80 53.76 54.28 53.21 Point Source VOC ...... 16.35 16.32 16.47 16.16 Point Source NOX ...... 29.44 29.44 29.79 29.46 Area Source CO ...... 73 .78 .76 .75 Area Source VOC ...... 3.43 3.59 3.52 3.49 Area Source NOX ...... 27 .29 .28 .28 Nonroad Source CO ...... 17.55 18.41 18.00 17.88 Nonroad Source VOC ...... 2.02 2.12 2.07 2.06 Nonroad Source NOX ...... 2.02 2.12 2.08 2.06 Onroad Source CO ...... 30.18 21.04 17.37 16.04 Onroad Source VOC ...... 3.69 2.50 2.08 1.88 Onroad Source NOX ...... 2.82 2.45 2.16 1.99 Total CO ...... 102.26 93.99 90.41 87.88 Total VOC ...... 25.49 24.53 24.15 23.59 Total NOX ...... 34.56 34.30 34.31 33.79
St. Charles Parish
Point Source CO ...... 10.68 10.79 11.01 10.98 Point Source VOC ...... 30.44 30.19 30.23 29.73 Point Source NOX ...... 118.05 120.85 124.57 125.41 Area Source CO ...... 29 .31 .30 .75 Area Source VOC ...... 2.14 2.29 2.23 2.21 Area Source NOX ...... 15 .16 .16 .16 Nonroad Source CO ...... 11.18 11.95 11.64 11.57 Nonroad Source VOC ...... 1.28 1.38 1.34 1.33 Nonroad Source NOX ...... 1.29 1.38 1.34 1.33 Onroad Source CO ...... 46.85 35.80 29.56 26.60 Onroad Source VOC ...... 5.42 3.99 3.55 3.35 Onroad Source NOX ...... 7.75 7.08 6.49 6.22 Total CO ...... 69.00 59 52.51 51.42 Total VOC ...... 39.28 37.84 37.53 36.63 Total NOX ...... 127.24 129.47 131.55 133.11
It should be noted that although the maintenance period. These data will be be adopted, a schedule and procedure NOX projections for St. Charles Parish quality assured and submitted to the for adoption and implementation, and a increase by 2,143 tons per year in 2005, Aerometric Information and Retrieval specific time limit for action by the the overall four parish NOX inventory System (AIRS) on a monthly basis. State. The State should also identify decreases by 682 tons per year overall. Certain monitored ozone levels will specific triggers which will be used to The attainment inventories submitted provide the basis for triggering measures determine when the measures need to by the LDEQ for Jefferson, Orleans, St. contained in the contingency plans. be implemented. Bernard, and St. Charles Parishes meet Additionally, as discussed above, The LDEQ has selected VOC offsets the redesignation requirements as during year 8 of the maintenance and new Control Techniques Guidelines discussed in the Calcagni memo. period, the LDEQ is required to submit (CTG) or Alternative Control Therefore, the EPA is today approving a revised plan to provide for Technology (ACT) rule implementation the emissions inventory component of maintenance of the ozone standard in as its contingency measures. At any the maintenance plan for these parishes. these parishes for the next ten years. time during the maintenance period, if any one of the four parishes included in Continued Attainment Contingency Plan the maintenance area record a second Continued attainment of the ozone Section 175A of the CAA requires that exceedance of the ozone NAAQS within NAAQS in the New Orleans CMSA will a maintenance plan include contingency any consecutive three-year period (a depend, in part, on the Federal and provisions, as necessary, to promptly level below the NAAQS), the LDEQ will State control measures discussed correct any violation of the NAAQS that promulgate a rule change to implement previously. However, the ambient air occurs after redesignation of the area to VOC offsets in that parish. This rule will monitoring sites will remain active at attainment. The contingency plan be submitted to EPA within 9 months of their present locations during the should clearly identify the measures to the second exceedance. Implementation Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51359 will occur if a third exceedance of the Regulatory Process association with proposed or final rules ozone standard is recorded during any Under the Regulatory Flexibility Act, that include a Federal mandate that may consecutive 3 year period. 5 U.S.C. 600 et seq., the EPA must result in estimated costs of $100 million Should any parish experience a third prepare a regulatory flexibility analysis or more to the private sector, or to State, exceedance of the ozone standard assessing the impact of any proposed or local, or tribal governments in the during any consecutive 3 year period, final rule on small entities (5 U.S.C. 603 aggregate. the LDEQ will promulgate a rule Through submission of this SIP or and 604). Alternatively, under 5 U.S.C. revision to place new CTG and ACT plan revision approved in this action, 605(b), the EPA may certify that the rule VOC rules (where applicable) in that the State and any affected local or tribal will not have a significant impact on a parish. These rules will be submitted to governments have elected to adopt the substantial number of small entities (see the EPA within 9 months of the third program provided for under section 46 FR 8709). Small entities include exceedance. Implementation will occur 175A of the Clean Air Act. The rules small businesses, small not-for-profit if a violation of the ozone standard is and commitments approved in this enterprises, and governmental entities recorded during any consecutive 3 year action may bind State, local and tribal with jurisdiction over populations of period. These contingency measures governments to perform certain actions and schedules for implementation less than 50,000. Under section 307(b)(1) of the CAA, and also require the private sector to satisfy the requirements of section perform certain duties. To the extent 175A(d). petitions for judicial review of this action must be filed in the United States that the rules and commitments being Final Action Court of Appeals for the appropriate approved by this action will impose or lead to the imposition of any mandate The EPA has evaluated the State’s circuit by December 1, 1995. Filing a petition for reconsideration of this final upon the State, local, or tribal redesignation request for the New governments, either as the owner or Orleans CMSA for consistency with the rule by the Administrator does not affect the finality of this rule for purposes of operator of a source or as a regulator, or CAA, EPA regulations, and EPA policy. would impose or lead to the imposition The EPA believes that the redesignation judicial review; nor does it extend the time within which a petition for judicial of any mandate upon the private sector, request and monitoring data EPA’s action will impose no new demonstrate that this area has attained review may be filed, or postpone the effectiveness of this rule. This action requirements; such sources are already the ozone standard. In addition, the EPA subject to these requirements under has determined that the redesignation may not be challenged later in proceedings to enforce its requirements State law. Accordingly, no additional request meets the requirements and costs to State, local, or tribal policy set forth in the General Preamble (see section 307(b)(2)). governments, or to the private sector, and policy memorandum discussed in Nothing in this action shall be result from this action. Therefore, EPA this notice for area redesignations, and construed as permitting, allowing, or has determined that this final action today is approving Louisiana’s establishing a precedent for any future does not include a mandate that may redesignation request for the New request for a revision to any SIP. Each result in estimated costs of $100 million Orleans CMSA. request for revision to the SIP shall be The EPA is publishing this action considered separately in light of specific or more to State, local, or tribal without prior proposal because the EPA technical, economic, and environmental governments in the aggregate or to the views this as a noncontroversial factors and in relation to relevant private sector. amendment and anticipates no adverse statutory and regulatory requirements. Table 3 SIP Actions Exempt From OMB comments. However, in a separate SIP approvals under section 110 and Review document in this Federal Register subchapter I, part D of the CAA do not This action has been classified as a publication, the EPA is proposing to create any new requirements, but Table 3 action for signature by the approve the SIP revision should adverse simply approve requirements that the Regional Administrator under the or critical comments be filed. This State is already imposing. Therefore, procedures published in the Federal action will be effective December 1, because the Federal SIP-approval does Register on January 19, 1989 (54 FR 1995, unless adverse or critical not impose any new requirements, I 2214–2225), as revised by a July 10, comments are postmarked by November certify that it does not have a significant 1995, memorandum from Mary Nichols, 1, 1995. If the EPA receives such impact on small entities. Moreover, due Assistant Administrator for Air and comments, this action will be to the nature of the Federal-State Radiation. The Office of Management withdrawn before the effective date by relationship under the CAA, preparation and Budget has exempted this publishing a subsequent document that of a regulatory flexibility analysis would regulatory action from Executive Order will withdraw the final action. All constitute Federal inquiry into the 12866 review. public comments received will then be economic reasonableness of State addressed in a subsequent final rule action. The CAA forbids EPA from List of Subjects in 40 CFR Parts 52 and based on this action serving as a basing its actions concerning SIPs on 81 proposed rule. The EPA will not such grounds. Union Electric Co. v. U.S. Environmental protection, Air institute a second comment period on E.P.A., 427 U.S. 246, 256–66 (S.Ct. pollution control, Area designations, this action. Any parties interested in 1976); 42 U.S.C. 7410(a)(2). The Office Hydrocarbons, Incorporation by commenting on this action should do so of Management and Budget has reference, Intergovernmental at this time. If no such comments are exempted this action from review under regulations, National Parks, Reporting received on this action, the public is Executive Order 12866. and recordkeeping, Ozone, Volatile advised that this action will be effective Unfunded Mandates organic compounds, Wilderness areas. December 1, 1995. The EPA has reviewed this Under sections 202, 203, and 205 of Dated: September 22, 1995. redesignation request for conformance the Unfunded Mandates Reform Act of Allyn M. Davis, with the provisions of the CAA and has 1995 (‘‘Unfunded Mandates Act’’), Acting Regional Administrator (6RA). determined that this action conforms to signed into law on March 22, 1995, EPA 40 CFR Parts 52 and 81 are amended those requirements. must undertake various actions in as follows: 51360 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations
PART 52Ð[AMENDED] The EPA deemed this request complete Parishes. The EPA therefore approved on September 10, 1993. Several the request for redesignation to 1. The authority citation for part 52 approvability issues existed, however. attainment with respect to ozone for continues to read as follows: The LDEQ addressed these Jefferson, Orleans, St. Bernard, and St. Authority: 42 U.S.C. 7401–7671q. approvability issues in a supplemental Charles Parishes on December 1, 1995. ozone redesignation request and revised Subpart TÐLouisiana maintenance plan. This supplemental PART 81Ð[AMENDED] 2. Section 52.975 is amended by submittal was received on October 14, 1. The authority citation for part 81 adding paragraph (c) to read as follows: 1994. The redesignation request and continues to read as follows: maintenance plans meet the § 52.975 Redesignations and maintenance redesignation requirements in section Authority: 42 U.S.C. 7401–7671q. plans: Ozone. 107(d)(3)(E) of the Act as amended in 2. In § 81.319, the ozone table is * * * * * 1990. The redesignation meets the amended by revising the entries for (c) Approval—The Louisiana Federal requirements of section Jefferson, Orleans, St. Bernard, and St. Department of Environmental Quality 182(a)(1) of the Clean Air Act as a Charles Parishes to read as follows: (LDEQ) submitted a redesignation revision to the Louisiana ozone State request and maintenance plan for the Implementation Plan for Jefferson, § 81.319 Louisiana. New Orleans CMSA on April 23, 1993. Orleans, St. Bernard, and St. Charles * * * * *
LOUISIANAÐOZONE
Designation Classification Designated area Date Type Date1 Type
******* Jefferson Parish ...... December 1, 1995 .. Attainment. Orleans Parish ...... December 1, 1995 .. Attainment. St. Bernard Parish ...... December 1, 1995 .. Attainment. St. Charles Parish ...... December 1, 1995 .. Attainment.
******* 1 This date is November 15, 1990, unless otherwise noted.
* * * * * Lenawee County, Montcalm (Montcalm Chicago, Illinois, 60604. Telephone: [FR Doc. 95–24413 Filed 9–29–95; 8:45 am] County), Sanilac County, Shiawassee (312) 886–6081. County, St. Joseph County, Tuscola BILLING CODE 6560±50±P List of Subjects in 40 CFR Part 81 County, and Van Buren County nonattainment nonclassified/incomplete Air pollution control, Hydrocarbons, 40 CFR Part 81 data areas and the Lansing-East Lansing National parks, Ozone, Volatile organic (Clinton County, Eaton County, and compounds, Wilderness areas. [MI39±02±7202; FRL±5307±7] Ingham County) nonattainment Authority: 42 U.S.C. 7401–7671q. nonclassified/transitional area pursuant Dated: September 25, 1995. Designation of Areas for Air Quality to section 110(k)(6) of the Clean Air Act. Planning Purposes; Correction of Carol M. Browner, The EPA is withdrawing the final rule Administrator. Designation of Nonclassified Ozone due to adverse comments and will [FR Doc. 95–24452 Filed 9–29–95; 8:45 am] Nonattainment Areas; State of summarize and address all public Michigan: Withdrawal of Direct Final comments received in a subsequent BILLING CODE 6560±50±P Action final rule (based upon the proposed rule AGENCY: Environmental Protection cited above). Agency (EPA). EFFECTIVE DATE: This withdrawal of the FEDERAL EMERGENCY direct final action will be effective ACTION: Withdrawal of direct final MANAGEMENT AGENCY action. October 2, 1995. ADDRESSES: Copies of the documents 44 CFR Part 64 SUMMARY: On August 8, 1995, the EPA relevant to this action are available for published a proposed rule (60 FR public inspection during normal [Docket No. FEMA±7627] business hours at the following location: 40338) and a direct final rule (60 FR Suspension of Community Eligibility 40297) announcing the USEPA decision U.S. Environmental Protection Agency, to correct the ozone designations for the Region 5, 77 West Jackson Boulevard, AGENCY: Federal Emergency Allegan County, Barry County, Battle Chicago, Illinois, 60604. Management Agency, FEMA. Creek (Calhoun County), Benton Harbor FOR FURTHER INFORMATION CONTACT: ACTION: Final rule. (Berrien County), Branch County, Cass Jacqueline Nwia, Regulation County, Gratiot County, Hillsdale Development Section, Air Toxics and SUMMARY: This rule identifies County, Huron County, Ionia County, Radiation Branch (AT–18J), U.S. communities, where the sale of flood Jackson (Jackson County), Kalamazoo Environmental Protection Agency, insurance has been authorized under (Kalamazoo County), Lapeer County, Region 5, 77 West Jackson Boulevard, the National Flood Insurance Program Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51361
(NFIP), that are suspended on the will not be suspended and will continue Flexibility Act because the National effective dates listed within this rule their eligibility for the sale of insurance. Flood Insurance Act of 1968, as because of noncompliance with the A notice withdrawing the suspension of amended, 42 U.S.C. 4022, prohibits floodplain management requirements of the communities will be published in flood insurance coverage unless an the program. If the Federal Emergency the Federal Register. appropriate public body adopts Management Agency (FEMA) receives In addition, the Federal Emergency adequate floodplain management documentation that the community has Management Agency has identified the measures with effective enforcement adopted the required floodplain special flood hazard areas in these measures. The communities listed no management measures prior to the communities by publishing a Flood longer comply with the statutory effective suspension date given in this Insurance Rate Map (FIRM). The date of requirements, and after the effective rule, the suspension will be withdrawn the FIRM if one has been published, is date, flood insurance will no longer be by publication in the Federal Register. indicated in the fourth column of the available in the communities unless EFFECTIVE DATES: The effective date of table. No direct Federal financial they take remedial action. each community’s suspension is the assistance (except assistance pursuant to Regulatory Classification third date (‘‘Susp.’’) listed in the third the Robert T. Stafford Disaster Relief column of the following tables. and Emergency Assistance Act not in This final rule is not a significant ADDRESSES: If you wish to determine connection with a flood) may legally be regulatory action under the criteria of whether a particular community was provided for construction or acquisition section 3(f) of Executive Order 12866 of suspended on the suspension date, of buildings in the identified special September 30, 1993, Regulatory contact the appropriate FEMA Regional flood hazard area of communities not Planning and Review, 58 FR 51735. Office or the NFIP servicing contractor. participating in the NFIP and identified for more than a year, on the Federal Paperwork Reduction Act FOR FURTHER INFORMATION CONTACT: Emergency Management Agency’s Robert F. Shea Jr., Division Director, This rule does not involve any Program Implementation Division, initial flood insurance map of the collection of information for purposes of Mitigation Directorate, 500 C Street, community as having flood-prone areas the Paperwork Reduction Act, 44 U.S.C. SW., Room 417, Washington, DC 20472, (section 202(a) of the Flood Disaster 3501 et seq. (202) 646–3619. Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition Executive Order 12612, Federalism SUPPLEMENTARY INFORMATION: The NFIP against certain types of Federal enables property owners to purchase This rule involves no policies that assistance becomes effective for the flood insurance which is generally not have federalism implications under communities listed on the date shown otherwise available. In return, Executive Order 12612, Federalism, in the last column. October 26, 1987, 3 CFR, 1987 Comp., communities agree to adopt and The Deputy Associate Director finds p. 252. administer local floodplain management that notice and public comment under aimed at protecting lives and new 5 U.S.C. 553(b) are impracticable and Executive Order 12778, Civil Justice construction from future flooding. unnecessary because communities listed Reform Section 1315 of the National Flood in this final rule have been adequately Insurance Act of 1968, as amended, 42 notified. This rule meets the applicable U.S.C. 4022, prohibits flood insurance Each community receives a 6-month, standards of section 2(b)(2) of Executive coverage as authorized under the 90-day, and 30-day notification Order 12778, October 25, 1991, 56 FR National Flood Insurance Program, 42 addressed to the Chief Executive Officer 55195, 3 CFR, 1991 Comp., p. 309. U.S.C. 4001 et seq., unless an that the community will be suspended List of Subjects in 44 CFR Part 64 appropriate public body adopts unless the required floodplain adequate floodplain management management measures are met prior to Flood insurance, Floodplains. measures with effective enforcement the effective suspension date. Since Accordingly, 44 CFR part 64 is measures. The communities listed in these notifications have been made, this amended as follows: this document no longer meet that final rule may take effect within less statutory requirement for compliance than 30 days. PART 64Ð[AMENDED] with program regulations, 44 CFR part 59 et seq. Accordingly, the communities National Environmental Policy Act 1. The authority citation for Part 64 will be suspended on the effective date This rule is categorically excluded continues to read as follows: in the third column. As of that date, from the requirements of 44 CFR Part Authority: 42 U.S.C. 4001 et seq.; flood insurance will no longer be 10, Environmental Considerations. No Reorganization Plan No. 3 of 1978, 3 CFR, available in the community. However, environmental impact assessment has 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, some of these communities may adopt been prepared. 3 CFR, 1979 Comp., p. 376. and submit the required documentation of legally enforceable floodplain Regulatory Flexibility Act § 64.6 [Amended] management measures after this rule is The Deputy Associate Director has 2. The tables published under the published but prior to the actual determined that this rule is exempt from authority of § 64.6 are amended as suspension date. These communities the requirements of the Regulatory follows: 51362 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations
Date certain Federal assist- Community Current effective ance no longer State/location No. Effective date of eligibility map date available in spe- cial flood hazard areas
Region III Pennsylvania: Aleppo, township of, Al- 421266 January 16, 1976, Emerg.; September 1, 1986, Reg.; Oc- October 4, 1995 October 4, 1995. legheny County. tober 4, 1995, Susp. Aspinwall, borough of, 420005 April 11, 1975, Emerg.; December 18, 1979, Reg.; Octo- ...... do ...... Do. Allegheny County. ber 4, 1995, Susp. Avalon, borough of, Alle- 420006 July 7, 1975, Emerg.; December 12, 1978, Reg.; October ...... do ...... Do. gheny County. 4, 1995, Susp. Baldwin, borough of, Al- 420007 November 19, 1973, Emerg.; August 15, 1978, Reg.; Oc- ...... do ...... Do. legheny County. tober 4, 1995, Susp. Bell Acres, borough of, 420008 June 12, 1975, Emerg.; May 1, 1985, Reg.; October 4, ...... do ...... Do. Allegheny County. 1995, Susp. Bellvue, borough of, Alle- 420009 February 17, 1977, Emerg.; December 15, 1978, Reg.; ...... do ...... Do. gheny County. October 4, 1995, Susp. Ben Avon, borough of, 420010 June 2, 1976, Emerg.; July 16, 1981, Reg.; October 4, ...... do ...... Do. Allegheny County. 1995, Susp. Bethel Park, Municipality 420012 September 3, 1974, Emerg.; June 15, 1981, Reg.; Octo- ...... do ...... Do. of, Allegheny County. ber 4, 1995, Susp. Blawnox, borough of, Al- 420013 November 1, 1974, Emerg.; September 3, 1980, Reg.; ...... do ...... Do. legheny County. October 4, 1995, Susp. Brackenridge, borough 420014 November 26, 1974, Emerg.; August 15, 1980, Reg.; Oc- ...... do ...... Do. of, Allegheny County. tober 4, 1995, Susp. Braddock, borough of, 420015 January 21, 1975, Emerg.; September 30, 1980, Reg.; ...... do ...... Do. Allegheny County. October 4, 1995, Susp. Bradford Woods, bor- 421262 March 9, 1977, Emerg.; November 6, 1981, Reg.; October ...... do ...... Do. ough of, Allegheny 4, 1995, Susp. County. Bridgeville, borough of, 420018 October 15, 1974, Emerg.; January 5, 1984, Reg.; Octo- ...... do ...... Do. Allegheny County. ber 4, 1995, Susp. Carnegie, borough of, Al- 420019 July 23, 1973, Emerg.; May 1, 1978, Reg.; October 4, ...... do ...... Do. legheny County. 1995, Susp. Cheswick, borough of, 420022 July 30, 1975, Emerg.; June 18, 1980, Reg.; October 4, ...... do ...... Do. Allegheny County. 1995, Susp. Churchill, borough of, Al- 420023 July 2, 1974, Emerg.; December 15, 1978, Reg.; October ...... do ...... Do. legheny County. 4, 1995, Susp. Clairton, city of, Alle- 420024 July 31, 1975, Emerg.; October 16, 1979, Reg.; October ...... do ...... Do. gheny County. 4, 1995, Susp. Collier, township of, Alle- 421058 July 7, 1975, Emerg.; March 15, 1982, Reg.; October 4, ...... do ...... Do. gheny County. 1995, Susp. Coraopolis, borough of, 420025 July 9, 1973, Emerg.; June 15, 1979, Reg.; October 4, ...... do ...... Do. Allegheny County. 1995, Susp. Crafton, borough of, Alle- 420026 April 15, 1974, Emerg.; December 19, 1980, Reg.; Octo- ...... do ...... Do. gheny County. ber 4, 1995, Susp. Crescent, township of, 421060 January 24, 1975, Emerg.; July 16, 1981, Reg.; October ...... do ...... Do. Allegheny County. 4, 1995, Susp. Dravosburg, borough of, 420027 February 7, 1975, Emerg; June 15, 1979; Reg.; October ...... do ...... Do. Allegheny County. 4, 1995, Susp. East Deer, township of, 421061 February 5, 1975, Emerg.; August 15, 1980, Reg.; Octo- ...... do ...... Do. Allegheny County. ber 4, 1995, Susp. Edgeworth, borough of, 420032 August 5, 1974, Emerg.; May 1, 1980, Reg.; October 4, ...... do ...... Do. Allegheny County. 1995; Susp. Elizabeth, borough of, 421263 April 7, 1976, Emerg.; July 16, 1981, Reg.; October 4, ...... do ...... Do. Allegheny County. 1995, Susp. Elizabeth, township of, 420033 May 19, 1972, Emerg.; March 15, 1977, Reg.; October 4, ...... do ...... Do. Allegheny County. 1995, Susp. Emsworth, borough of, 420034 June 20, 1975, Emerg.; September 30, 1980, Reg.; Octo- ...... do ...... Do. Allegheny County. ber 4, 1995, Susp. Etna, borough of, Alle- 421062 March 27, 1974, Emerg.; September 1, 1978, Reg.; Octo- ...... do ...... Do. gheny County. ber 4, 1995, Susp. Fawn, township of, Alle- 421285 February 20, 1975, Emerg.; January 18, 1984, Reg.; Oc- ...... do ...... Do. gheny County. tober 4, 1995, Susp. Findlay, township of, Al- 421286 July 16, 1975, Emerg.; November 18, 1988, Reg.; October ...... do ...... Do. legheny County. 4, 1995, Susp. Forest Hills, borough of, 420035 October 15, 1973, Emerg.; September 1, 1986, Reg.; Oc- ...... do ...... Do. Allegheny County. tober 4, 1995, Susp. Forward, township of, Al- 421064 September 27, 1974, Emerg.; February 1, 1980, Reg.; Oc- ...... do ...... Do. legheny County. tober 4, 1995, Susp. Franklin Park, borough 420037 January 10, 1975, Emerg.; January 1, 1982, Reg.; Octo- ...... do ...... Do. of, Allegheny County. ber 4, 1995, Susp. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51363
Date certain Federal assist- Community Current effective ance no longer State/location No. Effective date of eligibility map date available in spe- cial flood hazard areas
Glassport, borough of, 420038 January 30, 1975, Emerg.; June 15, 1979, Reg.; October ...... do ...... Do. Allegheny County. 4, 1995, Susp. Glenfield, borough of, Al- 420039 July 9, 1975, Emerg.; March 18, 1980, Reg.; October 4, ...... do ...... Do. legheny County. 1995, Susp. Green Tree, borough of, 420040 June 27, 1974, Emerg.; July 16, 1981, Reg.; October 4, ...... do ...... Do. Allegheny County. 1995, Susp. Hampton, township of, 420978 September 17, 1973, Emerg.; May 1, 1978, Reg.; October ...... do ...... Do. Allegheny County. 4, 1995, Susp. Harmar, township of, Al- 421068 June 3, 1974, Emerg.; July 2, 1980, Reg.; October 4, ...... do ...... Do. legheny County. 1995, Susp. Harrison, township of, Al- 420041 April 18, 1973, Emerg.; September 29, 1978, Reg.; Octo- ...... do ...... Do. legheny County. ber 4, 1995, Susp. Haysville, borough of, Al- 420042 July 3, 1974, Emerg.; March 18, 1980, Reg.; October 4, ...... do ...... Do. legheny County. 1995, Susp. Heidelberg, borough of, 420043 February 21, 1975, Emerg.; June 15, 1981, Reg.; October ...... do ...... Do. Allegheny County. 4, 1995, Susp. Homestead, borough of, 420044 January 10, 1975, Emerg.; May 25, 1978, Reg.; October ...... do ...... Do. Allegheny County. 4, 1995, Susp. Indiana, township of, Al- 421070 March 17, 1975, Emerg.; October 18, 1983, Reg.; October ...... do ...... Do. legheny County. 4, 1995, Susp. Kennedy, township of, 421072 April 26, 1974, Emerg.; February 15, 1980, Reg.; October ...... do ...... Do. Allegheny County. 4, 1995, Susp. Kilbuck, township of, Al- 421073 August 18, 1975, Emerg.; February 1, 1980, Reg.; Octo- ...... do ...... Do. legheny County. ber 4, 1995, Susp. Leet, township of, Alle- 421075 July 5, 1974, Emerg.; September 14, 1979, Reg.; October ...... do ...... Do. gheny County. 4, 1995, Susp. Leetsdale, borough of, 420047 April 23, 1974, Emerg.; November 19, 1980, Reg.; Octo- ...... do ...... Do. Allegheny County. ber 4, 1995, Susp. Liberty, borough of, Alle- 420048 August 13, 1975, Emerg.; November 1, 1979, Reg.; Octo- ...... do ...... Do. gheny County. ber 4, 1995, Susp. Lincoln, borough of, Alle- 420049 April 2, 1975, Emerg.; September 28, 1979, Reg.; October ...... do ...... Do. gheny County. 4, 1995, Susp. McCandless, township 421081 October 4, 1974, Emerg.; June 18, 1980, Reg.; October 4, ...... do ...... Do. of, Allegheny County. 1995, Susp. McDonald, borough of, 420855 January 24, 1975, Emerg.; August 15, 1983, Reg.; Octo- ...... do ...... Do. Allegheny County. ber 4, 1995, Susp. McKeesport, city of, Alle- 420051 June 6, 1973, Emerg.; January 3, 1979, Reg.; October 4, ...... do ...... Do. gheny County. 1995, Susp. McKees Rocks, borough 420052 November 3, 1972, Emerg.; May 16, 1977, Reg.; October ...... do ...... Do. of, Allegheny County. 4, 1995, Susp. Millville, borough of, Alle- 420053 May 21, 1973, Emerg.; July 16, 1979, Reg.; October 4, ...... do ...... Do. gheny County. 1995, Susp. Monroeville, municipality 420054 May 23, 1973, Emerg.; August 1, 1979, Reg.; October 4, ...... do ...... Do. of, Allegheny County. 1995, Susp. Mt. Lebanon, municipal- 421272 October 8, 1975, Emerg.; June 30, 1976, Reg.; October 4, ...... do ...... Do. ity of, Allegheny Coun- 1995, Susp. ty. Munhall, borough of, Al- 420056 March 6, 1975, Emerg.; April 24, 1981, Reg.; October 4, ...... do ...... Do. legheny County. 1995, Susp. Neville, township of, Alle- 425385 March 19, 1971, Emerg.; July 7, 1972, Reg.; October 4, ...... do ...... Do. gheny County. 1995, Susp. North Braddock, borough 420058 January 30, 1975, Emerg.; February 16, 1979, Reg.; Oc- ...... do ...... Do. of, Allegheny County. tober 4, 1995, Susp. North Fayette, township 421085 March 23, 1978, Emerg.; October 18, 1983, Reg.; October ...... do ...... Do. of, Allegheny County. 4, 1995, Susp. North Versailles, town- 421231 November 22, 1974, Emerg.; April 1, 1981 Reg.; October ...... do ...... Do. ship of, Allegheny 4, 1995, Susp. County. O'Hara, township of, Al- 421088 December 3, 1978, Emerg.; July 2, 1980, Reg.; October ...... do ...... Do. legheny County. 4, 1995, Susp. Oakdale, borough of, Al- 420059 July 22, 1975, Emerg.; August 15, 1983, Reg.; October 4, ...... do ...... Do. legheny County. 1995, Susp. Oakmont, borough of, Al- 420060 July 25, 1974, Emerg.; January 16, 1981, Reg.; October ...... do ...... Do. legheny County. 4, 1995, Susp. Ohio, township of, Alle- 421089 September 26, 1975, Emerg.; November 4, 1988, Reg.; ...... do ...... Do. gheny County. October 4, 1995, Susp. Osborne, borough of, Al- 420061 February 16, 1973, Emerg., November 15, 1979, Reg.; ...... do ...... Do. legheny County. October 4, 1995, Susp. 51364 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations
Date certain Federal assist- Community Current effective ance no longer State/location No. Effective date of eligibility map date available in spe- cial flood hazard areas
Penn Hills, municipality 421092 July 24, 1974, Emerg.; June 15, 1981, Reg.; October 4, ...... do ...... Do. of, Allegheny County. 1995, Susp. Pine, township of, Alle- 421094 May 12, 1975, Emerg.; September 22, 1978, Reg.; Octo- ...... do ...... Do. gheny County. ber 4, 1995, Susp. Pitcairn, borough of, Al- 420062 November 8, 1974, Emerg.; April 1, 1980, Reg.; October ...... do ...... Do. legheny County. 4, 1995, Susp. Pittsburgh, city of, Alle- 420063 April 13, 1973, Emerg.; December 15, 1981, Reg.; Octo- ...... do ...... Do. gheny County. ber 4, 1995, Susp.;. Plum, borough of, Alle- 420065 July 2, 1975, Emerg.; September 16, 1981, Reg.; October ...... do ...... Do. gheny County. 4, 1995, Susp. Port Vue, borough of, Al- 420066 April 30, 1974, Emerg.; September 28, 1979, Reg.; Octo- ...... do ...... Do. legheny County. ber 4, 1995, Susp. Rankin, borough of, Alle- 420067 February 10, 1975, Emerg.; July 2, 1980, Reg.; October 4, ...... do ...... Do. gheny County. 1995, Susp. Reserve, township of, Al- 420068 June 30, 1972, Emerg.; April 15, 1977; Reg.; October 4, ...... do ...... Do. legheny County. 1995, Susp. Richland, township of, 421199 December 24, 1974, Emerg.; September 21, 1978, Reg.; ...... do ...... Do. Allegheny County. October 4, 1995, Susp. Robinson, township of, 421097 March 17, 1976, Emerg.; February 3, 1982, Reg.; October ...... do ...... Do. Allegheny County. 4, 1995, Susp. Ross, township of, Alle- 420979 October 24, 1973, Emerg.; December 18, 1979; Reg.; Oc- ...... do ...... Do. gheny County. tober 4, 1995, Susp. Rosslyn Farms, borough 420069 February 7, 1975, Emerg.; May 19, 1981, Reg.; October ...... do ...... Do. of, Allegheny County. 4, 1995, Susp. Scott, township of, Alle- 421100 October 9, 1974, Emerg.; May 3, 1982; Reg.; October 4, ...... do ...... Do. gheny County. 1995, Susp. Sewickley Heights, bor- 420071 December 21, 1978, Emerg.; May 1, 1986, Reg.; October ...... do ...... Do. ough of, Allegheny 4, 1995, Susp. County. Sewickley Hills, borough 420072 December 10, 1976, Emerg.; September 1, 1986, Reg.; ...... do ...... Do. of, Allegheny County. October 4, 1995, Susp. Sewickley, borough of, 420070 November 22, 1974, Emerg.; September 14, 1979, Reg.; ...... do ...... Do. Allegheny County. October 4, 1995, Susp. Shaler, township of, Alle- 421101 April 22, 1974, Emerg.; March 18, 1980, Reg.; October 4, ...... do ...... Do. gheny County. 1995, Susp. Sharpsburg, borough of, 420073 September 4, 1973, Emerg.; September 29, 1978, Reg.; ...... do ...... Do. Allegheny County. October 4, 1995, Susp. South Fayette, township 421106 October 30, 1974, Emerg.; February 3, 1982, Reg.; Octo- ...... do ...... Do. of, Allegheny County. ber 4, 1995, Susp. South Park, township of, 421165 April 26, 1974, Emerg.; November 5, 1980, Reg.; October ...... do ...... Do. Allegheny County. 4, 1995, Susp. South Versailles, town- 421281 August 7, 1975, Emerg.; August 1, 1979, Reg.; October 4, ...... do ...... Do. ship of, Allegheny 1995, Susp. County. Springdale, borough of, 421282 October 30, 1974, Emerg.; July 16, 1980, Reg.; October ...... do ...... Do. Allegheny County. 4, 1995, Susp. Springdale, township of, 420074 December 5, 1974, Emerg.; July 16, 1980, Reg.; October ...... do ...... Do. Allegheny County. 4, 1995, Susp. Stowe, township of, Alle- 421110 December 5, 1974, Emerg.; February 15, 1980, Reg.; Oc- ...... do ...... Do. gheny County. tober 4, 1995, Susp. Swissvale, borough of, 420075 January 21, 1975, Emerg.; June 30, 1976, Reg.; October ...... do ...... Do. Allegheny County. 4, 1995, Susp. Tarentum, borough of, 420076 April 7, 1975, Emerg.; August 15, 1980, Reg.; October 4, ...... do ...... Do. Allegheny County. 1995, Susp.;. Turtle Creek, borough of, 420079 August 6, 1975, Emerg.; November 19, 1980, Reg.; Octo- ...... do ...... Do. Allegheny County. ber 4, 1995, Susp. Upper St. Clair, township 421119 June 11, 1974, Emerg.; March 15, 1984, Reg.; October 4, ...... do ...... Do. of, Allegheny County. 1995, Susp. Verona, borough of, Alle- 422611 December 13, 1974, Emerg.; January 16, 1981, Reg.; Oc- ...... do ...... Do. gheny County. tober 4, 1995, Susp. Versailles, borough of, 420081 June 11, 1976, Emerg.; October 18, 1988, Reg.; October ...... do ...... Do. Allegheny County. 4, 1995, Susp. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51365
Date certain Federal assist- Community Current effective ance no longer State/location No. Effective date of eligibility map date available in spe- cial flood hazard areas
Wall, borough of, Alle- 420082 February 17, 1977, Emerg.; November 19, 1987, Reg.; ...... do ...... Do. gheny County. October 4, 1995, Susp. West Deer, township of, 421299 March 6, 1975, Emerg.; October 18, 1983, Reg.; October ...... do ...... Do. Allegheny County. 4, 1995, Susp. West Elizabeth, borough 420083 January 26, 1973, Emerg.; September 29, 1978, Reg.; ...... do ...... Do. of, Allegheny County. October 4, 1995, Susp. West Homestead, bor- 420084 May 14, 1975, Emerg.; August 15, 1980, Reg.; October 4, ...... do ...... Do. ough of, Allegheny 1995, Susp. County. West Mifflin, borough of, 420085 August 7, 1974, Emerg.; February 15, 1980, Reg.; Octo- ...... do ...... Do. Allegheny County. ber 4, 1995 Susp. West View, borough of, 420086 April 26, 1974, Emerg.; June 30, 1976, Reg.; October 4, ...... do ...... Do. Allegheny County. 1995, Susp. Whitaker, borough of, Al- 420087 July 24, 1975, Emerg.; May 25, 1978, Reg.; October 4, ...... do ...... Do. legheny County. 1995, Susp. White Oak, borough of, 420089 January 30, 1975, Emerg.; September 14, 1979, Reg.; ...... do ...... Do. Allegheny County. October 4, 1995, Susp. Wilkins, township of, Al- 420090 March 16, 1973, Emerg.; September 29, 1978, Reg.; Oc- ...... do ...... Do. legheny County. tober 4, 1995, Susp. Wilmerding, borough of, 420091 November 16, 1973, Emerg.; August 1, 1979, Reg.; Octo- ...... do ...... Do. Allegheny County. ber 4, 1995, Susp. Virginia: Hampton, inde- 515527 March 27, 1970, Emerg.; January 15, 1971, Reg.; October ...... do ...... Do. pendent city. 4, 1995, Susp. Region V Illinois: Old Mill Creek, village 170385 August 8, 1975, Emerg.; August 1, 1980, Reg.; October 4, ...... do ...... Do. of, Lake County. 1995, Susp. Region I Maine: Auburn, city of, 230001 August 27, 1971, Emerg.; February 4, 1981, Reg.; Octo- Oct. 18, 1995 .... Oct. 18, 1995 Androscoggin County. ber 18, 1995, Susp. Region III Maryland: Oakland, town of, 240039 April 18, 1975, Emerg.; July 16, 1979, Reg.; October 18, ...... do ...... Do. Garrett County. 1995, Susp. Pennsylvania: Dunlevy, borough of, 422133 December 5, 1974, Emerg.; July 16, 1981, Reg.; October ...... do ...... Do. Washington County. 18, 1995, Susp. East Bethlehem, town- 422140 March 18, 1975, Emerg.; July 16, 1981, Reg.; October 18, ...... do ...... Do. ship of, Washington 1995, Susp. County. Elco, borough of, Wash- 420852 October 30, 1974, Emerg.; July 16, 1981, Reg.; October ...... do ...... Do. ington County. 18, 1995, Susp. Henderson, township of, 420960 January 21, 1974, Emerg.; August 3, 1989, Reg.; October ...... do ...... Do. Huntingdon County. 18, 1995, Susp. Monongahela, township 421673 July 6, 1979, Emerg.; August 24, 1995, Reg.; October 18, ...... do ...... Do. of, Greene County. 1995, Susp. Roscoe, borough of, 420858 March 20, 1975, Emerg.; July 16, 1981, Reg.; October 18, ...... do ...... Do. Washington County. 1995, Susp. Virginia: Roanoke County, unin- 510190 October 11, 1973, Emerg.; October 17, 1978, Reg.; Octo- ...... do ...... Do. corporated areas. ber 18, 1995, Susp. Salem, independent city 510141 March 8, 1974, Emerg.; September 2, 1981, Reg.; Octo- ...... do ...... Do. ber 18, 1995, Susp. West Virginia: Fairmont, city of, Marion 540099 February 14, 1977 Emerg.; July 2, 1987 Reg.; October 18, ...... do ...... Do. County. 1995 Susp. Marion County, unincor- 540097 August 21, 1975 Emerg.; July 4, 1988 Reg.; October 18, ...... do ...... Do. porated areas. 1995 Susp. Morgantown, city of, 540141 January 23, 1975 Emerg.; August 1, 1979 Reg.; October ...... do ...... Do. Marion County. 18, 1995 Susp. Star City, town of, 540273 April 18, 1975 Emerg.; August 1, 1978 Reg.; October 18, ...... do ...... Do. Monongalia County. 1995 Susp. Region IV Mississippi: Philadelphia, 280120 November 2, 1974 Emerg.; September 29, 1986 Reg.; ...... do ...... Do. city of, Neshoba Coun- October 18, 1995 Susp. ty. 51366 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations
Date certain Federal assist- Community Current effective ance no longer State/location No. Effective date of eligibility map date available in spe- cial flood hazard areas
Region V Ohio: Hamilton County, unin- 390204 July 2, 1973 Emerg.; June 1, 1982 Reg.; October 18, ...... do ...... Do. corporated areas. 1995 Susp. Code for reading third column: Emerg.ÐEmergency; Reg.ÐRegular; Rein.Ð Reinstatement; Susp.ÐSuspension.
(Catalog of Federal Domestic Kilobits per second (Kb/s) international Synopsis of Report and Order Assistance No. 83.100, ‘‘Flood circuits. In its decision, the Commission On July 2, 1993, the Commission Insurance’’) has: codified in the Commission’s Rules adopted a Notice of Proposed Issued: September 27, 1995. requirements for the filing of Rulemaking (NPRM) to consider Robert H. Volland, international circuit status reports; possible rule changes that would reflect Acting Deputy Associate Director, Mitigation reduced the frequency of filing such the reductions and streamlining of Directorate. reports from monthly to annually; regulatory requirements that have [FR Doc. 95–24425 Filed 9–29–95; 8:45 am] required all facilities-based occurred since the early 1970s (58 FR international common carriers to file BILLING CODE 6718±21±P 42992 (August 12, 1993)). In the NPRM, such reports; exempted nondominant the Commission sought comments on facilities-based carriers from filing semi- proposals that would reduce the filing annual circuit addition reports; reduced FEDERAL COMMUNICATIONS frequency of circuit status reports. The the frequency of filing by resellers of COMMISSION Commission has found that these international private lines of the circuit reports provide information that is 57 CFR Parts 43 and 63 addition reports from semi-annually to useful in discharging its obligation to annually; provided for the preparation authorize the construction and use of [CC Docket No. 93±157, FCC 95±280] of a filing manual with reporting international common carrier instructions; directed a format to be transmission facilities, but it no longer Reports of Communications Common specified for the filing of those reports; Carriers and Certain Affiliates; Filing required that this information be filed and required the filing of such reports monthly. Therefore, it proposed to Requirements for International Circuit on computer diskettes. Status Reports require the filing of circuit status reports EFFECTIVE DATE: December 29, 1995. on an annual rather than a monthly AGENCY: Federal Communications FOR FURTHER INFORMATION CONTACT: basis. Commission. Robert E. Gosse, Attorney, International On August 9, 1995, the Commission ACTION: Final rule. Bureau, Telecommunications Division, released its Report and Order (10 FCC or Frances Eisenstein, Attorney, Rcd 8605 (1995)) adopting the proposals SUMMARY: The Commission adopted a International Bureau, contained in the NPRM. The Report and Order that will reduce the Telecommunications Division, (202) Commission codified its rules to require regulatory burden on facilities-based 418–1460. the filing of international circuit status international carriers. The SUPPLEMENTARY INFORMATION: This is a reports. This will inform all Commission’s decision will reduce the summary of the Commission’s Report international carriers of the filing frequency for international circuit and Order adopted on July 12, 1995, and requirement. The information contained status reports from monthly to annually released on August 9, 1995 (FCC 95– in the reports will be useful to current and will require all facilities-based 280). The full text of this Report and industry members, potential new international common carriers to file Order is available for inspection and entrants into the industry, and the such reports to assure that the copying during normal business hours Commission because this information is Commission has available industry- in the FCC Reference Center (Room not available from any other reliable wide international circuit use data. This 239), 1919 M St., NW., Washington, DC. source. Since the Commission initiated decision also exempts nondominant The complete text also may be the NPRM, Congress adopted the facilities-based carriers from filing purchased from the Commission’s copy Omnibus Budget Reconciliation Act of circuit addition reports. The contractor, International Transcription 1993 (Budget Act) which requires the Commission’s decision also will reduce Service, Inc., (202) 857–3800, 2100 M Commission to collect annual fees for the filing frequency for international Street, NW., Suite 140, Washington, DC active 64 Kb/s circuits. The annual circuit addition reports for resellers of 20037. circuit status reports will serve as a international private lines from semi- database for verifying and monitoring annually to annually. The Commission Paperwork Reduction Act the payment of these fees. stated that the information compiled The final rule imposes reporting The Commission also adopted its from these reports will provide valuable requirements on additional entities. We proposal to reduce the frequency of information to current industry recognize that the implementation of filing circuit status reports from members, potential new entrants into any such requirements will be subject to monthly to annually. The Commission the industry, and the Commission. In review of the Office of Management and required the reports to be filed on or addition, the information will allow the Budget (OMB). Upon receipt of before March 31 of each year and Commission to comply with the comments on the manual, we will provide the circuit status information as Omnibus Budget Reconciliation Act of submit the final version of the filing of December 31 of the immediately 1993 that requires it to collect annual manual to the OMB for review and preceding year. The Commission regulatory fees on active equivalent 64 approval. required all facilities-based Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51367 international common carriers to file Commission stated that, to the extent be exempted from all reporting such reports. Since the annual circuit possible, every effort should be made to requirements. The Commission did not status reports will now serve as the collect the necessary information adopt that proposal because to do so database for the regulatory fees consistent with the ways the carriers would prevent it from developing a mandated by Congress, the Commission maintain such information for their own database of active 64 kb/s circuits that modified the types of circuits that are purposes. The Commission determined it needed for monitoring regulatory fees. commonly reported in the monthly that a common format for the reports A number of Commenters also proposed circuit status reports. Circuits for will permit a more efficient use of the that the carriers be permitted input to Canada and Mexico are international information. Thus, the Commission the formulation of the filing manual and circuits included in the regulatory fees. directed the Chief, International Bureau, format for the annual circuit status Thus, they now will have to be included to specify a format for the reports. The reports. The Commission adopted that in the annual circuit status reports. The Commission required that the reports be proposal. Commission denied Commenters’ filed on a common type and format of requests that nondominant carriers be computer diskettes to enable it to C. Significant Alternatives Considered exempt from all reporting requirements combine data from the various carriers’ The Commission considered and or, in the alternative, be required to file reports. adopted the Commenters’ proposal that only the circuit addition reports. The Commenters in this proceeding nondominant international facilities- Commission determined that there are strongly favored the actions taken based carriers that are required to file numerous nondominant international because of the significant reduction in annual circuit status reports not be facilities-based common carriers and the previous filing requirements. required to file semi-annual circuit these carriers account for a substantial addition reports. The Commission also Final Regulatory Flexibility Act use of international facilities. Therefore, reduced the frequency of filing circuit Analysis the Commission’s ability to monitor addition reports from semi-annually to circuit status reports filed by Pursuant to Section 603 of Title 5, annually for those international carriers nondominant facilities-based United States Code, 5 U.S.C. § 603, an that must still file such reports. The international common carriers will be Initial Regulatory Flexibility Analysis Commission also considered and useful to assure proper payment of the was incorporated in the Notice of adopted the Commenters’ proposal that Budget Act’s fees on active 64 Kilobits Proposed Rule Making in CC Docket No. facilities-based international carriers be per second (Kb/s) equivalent circuits. 93–157. Written comments on the given an opportunity to provide input to The Commission also modified its rules proposals in the Notice, including the the formulation of the filing manual and to remove the requirement that circuit Regulatory Flexibility Analysis, were format for the annual circuit status status information be filed on a requested. reports. transmission facility-by-facility basis. A. Need and Purpose of Rules Instead, the Commission required that Ordering Clauses international facilities based carriers This rulemaking proceeding was Accordingly, it is ordered that the rule include the total number of activated initiated in order to reduce the burden changes as specified below are adopted. and the total number of idle circuits by on those international facilities-based It is further ordered that the rule the following categories: submarine common carriers filing monthly circuit changes made herein will become cable, satellite, and terrestrial facilities. status reports by reducing the frequency effective ninety (90) days after The Commission also adopted the of filing such reports from monthly to publication in the Federal Register. suggestion of several of the Commenters annually. The rulemaking also sought to This action is taken pursuant to and exempted nondominant facilities- make the information derived from the Sections 4, 214, 219, 303(r) and 403 of based carriers from filing semi-annual annual circuit reports more complete the Communications Act of 1934, as circuits addition reports pursuant to and, therefore, more useful to the amended, 47 U.S.C. §§ 154, 214, 219, Section 63.15(b) of the Commission’s Commission by requiring all 303(r) and 403 (1995). Rules, because information contained in international facilities-based common It is further ordered that the Chief, the semi-annual circuit addition reports carriers to file them. In addition, the International Bureau, shall develop a will be derivable from the annual circuit rulemaking sought to make handling of filing manual for the submission of status reports. the information provided by the annual international circuit status reports. Since the Commission did not require circuit reports easier by requiring the It is further ordered that the Chief, international private line resellers to file development of a filing manual setting International Bureau, shall direct the annual status reports, it will continue to forth the requirements for such reports, International Bureau Staff to meet with require that private line resellers file establishing a common format for the the facilities-based international circuit addition reports. The reports, and requiring the filing of the common carriers on the development of Commission, however, reduced the reports on computer diskettes. the filing manual. frequency of filing of the circuit It is further ordered that this Report B. Issues Raised By the Public in addition reports from semiannually to and Order does not alter the Response to the Initial Analysis annually and required that the reports requirement that MCI Communications be filed not later than March 31 of each A number of the Commenters Corporation file monthly circuit status year and show the circuit additions for proposed that nondominant reports for U.S.–U.K. circuits as the preceding year. international facilities-based common required by paragraph 65 of our The Commission directed the Chief, carriers that will be required to file Declaratory Ruling and Order, MCI International Bureau, to prepare a filing annual circuit status reports be Communications Corporation, 9 FCC manual specifying reporting exempted from filing semi-annual Rcd 3960 (1994). requirements for the annual circuit circuit addition reports required by It is further ordered that the Request status reports. The Commission also Section 63.15(b) of the Commission’s to Submit Late-Filed Comments filed by agreed with Commenters that the Rules. The Commission adopted this GE Americom IS GRANTED. International Bureau seek industry proposal. One Commenter suggested It is further ordered that this input on the filing manual. The that nondominant international carriers proceeding is hereby terminated. 51368 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations
List of Subjects PART 63ÐEXTENSION OF LINES AND substantive changes are being made to the MidRange Procurement Procedures: 47 CFR Part 43 DISCONTINUANCE, REDUCTION, OUTAGE AND IMPAIRMENT OF (1) The thresholds for all MidRange Communication common carriers, SERVICE BY COMMON CARRIERS; procedures, with the exception of the Reporting and recordkeeping AND GRANTS OF RECOGNIZED synopsis waiver, are increased to $1M requirements. PRIVATE OPERATING AGENCY for an individual contract and $5M for STATUS a contract plus options, and (2) all 47 CFR Part 63 procurements of commercial items are 1. The authority citation for Part 63 considered MidRange procurement Communication common carriers, continues to read as follows: Reporting and recordkeeping regardless of dollar value. In addition, requirements. Authority: Sections 1, 4(i), 4(j), 201–205, all procedures other than the NASA 218 and 403 of the Communications Act of Acquisition Internet Service and Best Federal Communications Commission 1934, as amended, 47 U.S.C. secs. 151, 154(i), Value Selection have proven to be William F. Caton, 154(j), 201–205, 218 and 403, unless successful. NASA will continue to use Acting Secretary. otherwise noted. these successful procedures. They are Parts 43 and 63 of Title 47 of the Code 2. Section 63.15(b) is revised to read no longer considered to be undergoing of Federal Regulations is amended as as follows: testing. The NASA Acquisition Internet follows: Service and Best Value Selection are § 63.15 Special procedures for non- still undergoing testing as part of the dominant international services. PART 43ÐREPORTS OF MidRange Procedure. COMMUNICATION COMMON * * * * * CARRIERS AND CERTAIN AFFILIATES (b) Any non-dominant party certified List of Subjects in 48 CFR 1871 to provide international resold private Government Procurement. 1. The authority citation for Part 43 lines to a particular geographic market Tom Luedtke, shall report its circuit additions on an continues to read as follows: Deputy Associate Administrator for annual basis. Circuit additions should Authority: Secs. 4, 48 Stat. 1066, as Procurement. indicate the specific services provided amended; 47 U.S.C. 154, unless otherwise Accordingly, 48 CFR part 1871 is noted. Interpret or apply secs., 211, 219, 220, (e.g., IMTS or private line) and the country served. This report shall be amended as follows. 48 Stat. 1073, 1077, as amended; 47 U.S.C. 1. The authority citation for 48 CFR 211, 219, 220. filed on a consolidated basis not later than March 31 for the preceding part 1871 continues to read as follows: 2. New Section 43.82 is added to read calendar year. Authority: 42 U.S.C. 2473(c)(1). as follows: * * * * * PART 1871ÐMIDRANGE § 43.82 International circuit status reports. [FR Doc. 95–24530 Filed 9–29–95; 8:45 am] PROCUREMENT PROCEDURES (a) Each facilities-based common BILLING CODE 6712±01±M carrier engaged in providing 2. Section 1871.000 is revised to read international telecommunications as follows: NATIONAL AERONAUTICS AND service between the area comprising the 1871.000 Scope of part. SPACE ADMINISTRATION continental United States, Alaska, This part prescribes policies and Hawaii, and off-shore U.S. points and 48 CFR Part 1871 procedures for the acquisition of any country or point outside that area supplies, including commercial items, shall file a circuit status report with the RIN 2700±AC18 and services. Chief, International Bureau, not later than March 31 each year showing the Modification of Test of MidRange Subpart 1871.1ÐGeneral status of its circuits used to provide Procurement Procedures 1871.101 [Amended] international services as of December 31 AGENCY: Office of Procurement, National of the preceding calendar year. Aeronautics and Space Administration 3. Section 1871.101 is amended by (b) The information contained in the (NASA). removing the second sentence. 4. Section 1871.103 is revised to read reports shall include the total number of ACTION: Temporary rule. activated and the total number of idle as follows: circuits by the categories of submarine SUMMARY: The Office of Federal 1871.103 Applicability. cable, satellite and terrestrial facilities to Procurement Policy approved a test of (a) This part applies to all geographic points outside the United NASA’s MidRange Procurement acquisitions, as described in States for the services designated by the Procedures in 1993. This rule changes 1871.103(b), conducted at NASA Chief, International Bureau. the procedures to reflect the Federal Acquisition Streamlining Act and minor installations. (c) The information required under (b) This part applies to all contract this section shall be furnished in changes as a result of an additional year of testing the procedures. actions the aggregate amount of which conformance with instructions and is greater than the simplified acquisition reporting requirements prepared under EFFECTIVE DATE: This regulation is threshold (SAT) (FAR part 13) and not the direction of the Chief, International effective October 1, 1995, and expires more than $1,000,000 in basic value and Bureau, prepared and published as a June 30, 1997. for commercial items (FAR part 12) manual. FOR FURTHER INFORMATION CONTACT: regardless of dollar value. For service (d) Authority is hereby delegated to Mr. T. Deback, (202) 358–0431. contracts, up to four annual options of the Chief, International Bureau to SUPPLEMENTARY INFORMATION: The not more than $1,000,000 each are prepare instructions and reporting MidRange Procurement Procedures permitted where the option requirements for the filing of the annual were published in 59 FR 59378, requirements are substantially the same international circuit status reports. November 17, 1994. The following as the basic requirement. For R&D Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations 51369 contracts, options are permitted not to to the extent applicable for Small (d) For commercial item purchases, exceed $1,000,000 in total value (basic Business Innovation Research (SBIR), the streamlined solicitation (combined contract plus options). For supply broad agency announcements, presolicitation notice and solicitation contracts, four options of not more than unsolicited proposals, and Small described in FAR part 12) may be used. $1,000,000 each are permitted when not Business Administration 8(a) more than $1,000,000 in funding is to be procurement actions within the Subpart 1871.4ÐRequest for offer required in any fiscal year. The total applicability of 1871.103(b). (RFO) amount of the basic award plus options (f) The NAIS will be used to the 9. Section 1871.401 is amended by may not exceed $5,000,000 in either the maximum extent practicable to revising the fourth sentence to read as case of supplies or services except as disseminate advance procurement follows: provided in paragraph (c) of this information and conduct part 1871 section. For commercial item contracts, procurements. 1871.401 Types of RFO's. options are permitted regardless of * * * * * ** * If the conditions FAR 6.401(a) dollar value. are met, the RFO’s described in (c) For other than commercial items, Subpart 1871.3ÐPublicizing of 1871.401–1 and 1871.401–2 shall be if the Government estimate for the basic Solicitation used; otherwise, RFO’s described in award amount or any option amount, if 7. Section 1871.301 is amended by 1871.401–3, 1871.401–4, 1871.401–5, or any, exceeds the limits of 1871.103(b), revising the last sentence to read as 1871.401–6 may be used. * ** the procurement will be processed follows: under FAR and NFS procurement 10. Section 1871.401–1 is amended by procedures applicable to large 1871.301 Publicizing policy. revising the fourth sentence in paragraph (b)(2) to read as follows: procurements (see FAR parts 14 and 15). ** * As soon as practicable after a When the estimate is within the range requirement has been finalized and 1871.401±1 Sealed Offers. of 1871.103(b) and the procurement was before the RFO is ready for release, a * * * * * started using these procedures but the presolicitation notice of the (b) * * * offered prices/costs exceed the procurement action shall be published (2) * * * For unclassified MidRange ceiling, the procurement may on the NAIS. acquisitions, a summary abstract, continue under MidRange procedures, 8. Section 1871.302 is revised to read containing offerors, prices and any provided that: as follows: (1) The price/cost can be determined essential information specific to that 1871.302 Publicizing procedure. to be fair and reasonable, procurement shall be posted on the (2) The successful offeror accepts (a) Synopses are not to be sent to or NAIS. * * * incorporation of required FAR and NFS published in the Commerce Business * * * * * clauses applicable to large Daily except where the basic award is 11. Section 1871.401–5 is amended by procurements, and expected to exceed $500,000, the total revising paragraph (b)(1) to read as (3) The procurement does not exceed amount of the basic award plus options follows: $1,500,000 for the basic requirement is expected to exceed $2,500,000, or (and each option, if any) or $7,500,000 annual obligations are expected to 1871.401±5 Noncompetitive negotiations. for the total requirement. exceed $500,000 in any one year. * * * * * 5. Section 1871.104 is amended by (b) A separate pre-solicitation notice (b) * * * (1) Within the dollar revising paragraph (a) and adding for each requirement shall be published thresholds specified in 1871.302(a), paragraphs (g) and (h) to read as follows: on the NAIS. The pre-solicitation notice posting a presolicitation notice on the shall be published prior to the actual NAIS meets the requirement of FAR 1871.104 Definitions. release of the solicitation, except as set 5.201 and complies with the notice * * * * * forth in paragraph (d) of this section. required by the Competition in (a) NASA Acquisition Internet (c) The presolicitation notice will Contracting Act. A presolicitation notice Services or NAIS means a computer comply with the requirements set forth is not required if one of the exceptions system through which users may access in FAR 5.207(b). of FAR 5.202 is met. (1) Include a statement that the documents available in electronic * * * * * format. solicitation will be released via the NAIS, that potential offerors will be 12. Section 1871.401–6 is added to * * * * * read as follows: (g) Commercial item is used as responsible for downloading their own defined in FAR 2.101. copy of the solicitation, and that hard 1871.401±6 Commercial items. (h) Presolicitation notice is used copies of the solicitation shall be made available on request, but the closing (a) Policy. (1) The RFO may be used interchangeably with the term synopsis. as the solicitation method for 6. Section 1871.105 is amended by date will be the same as that required for the NAIS released solicitation; and commercial items. revising paragraphs (d), (e) and (f) to (2) MidRange Procedures may be used read as follows: (2) State the projected solicitation release date, provide notice that it is the for commercial item procurements to 1871.105 Policy. offeror’s responsibility to monitor the the extent they are applicable. * * * * NAIS for solicitation release as the (b) Procedures. (1) Offerors shall be (d) Options may be included in the solicitation will be released as soon as requested to provide both a technical acquisition provided they conform to practicable whether prior or subsequent and a price offer by the closing date 1871.103(b) or do not exceed $5,000,000 to the projected date, and identify the specified. for the total requirement, options name, telephone number, and e-mail (2) The offers will be evaluated in included. address of a point of contact. The accordance with applicable procedures. (e) The appropriate part 1871 post- presolicitation notice shall be updated 13. Section 1871.406 is amended by selection processes (negotiation, award, to reflect significant changes to the revising the section heading to read as and publication of award) may be used original notice. follows: 51370 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Rules and Regulations
1871.406 RFO by NAIS. 1871.505 Notifications to unsuccessful SUMMARY: This document contains a 14. Section 1871.406–1 is revised to offerors. correction to the final regulation [I.D. read as follows: For solicitations that were posted on 032295C], which was published the NAIS, a preaward notice shall be Tuesday, April 18, 1995 (60 FR 19364). 1871.406±1 Methods of disseminating electronically transmitted to the information (applicable to procurements The final rule implemented several meeting the thresholds in 1871.302(a)). offerors. This notice meets the measures on a permanent basis that requirements of FAR 15.1001. However, (a) In accordance with 1871.302, were previously in effect through an the preaward notice in a small business emergency rule for the Northeast presolicitation notices of solicitations set-aside must allow unsuccessful for MidRange procurements shall be Multispecies Fishery. offerors 5 working days to challenge the posted on the NAIS. The presolicitation small business status of the successful EFFECTIVE DATE: September 29, 1995. notice shall include the information offeror. The procedures of FAR required by 1871.302(c). FOR FURTHER INFORMATION CONTACT: 15.1001(c)(2) shall be followed for (b) Solicitations for MidRange Susan A. Murphy, NMFS, Fishery procurements subject to the Trade Procurements shall be made available Policy Analyst, 508–281–9252. on the NAIS. Paper copies shall be Agreements Act. 18. Section 1871.506 is revised to read mailed within 5 working days from the SUPPLEMENTARY INFORMATION: as follows: date the RFO is posted on the NAIS or Need for Correction receipt of the request, whichever is 1871.506 Publication of award. later. An award notice shall be posted on As published, Framework Adjustment (c) Solicitations available on the NAIS the NAIS for seven (7) calendar days 9 inadvertently omitted a prohibition are exempt from the requirement in FAR after posting, if the contract offers from the regulations (formerly specified 14.203–1 that delivery of the subcontracting opportunities or if it is under § 651.9(e)(35)), which makes it solicitations be made pursuant to FAR subject to the Trade Agreements Act. unlawful for a dealer to purchase, 14.205. The information required by FAR 5.207 possess, or receive regulated species (d) For the purposes of FAR 15.402(a), shall be included in the award notice in from a vessel issued a Federal a solicitation posted on the NAIS is a abbreviated form. multispecies permit in excess of the written solicitation. 19. Section 1871.605 is amended by (e) Solicitations posted on the NAIS possession limit allowed under revising the first sentence in paragraph in accordance with these regulations are § 651.27. (a)(1) to read as follows: exempt from the requirement in FAR Correction of Publication 15.408(a) to issue solicitations using the 1871.605 Negotiation methods and procedures in FAR part 5. procedures. Accordingly, the publication on April 15. Section 1871.406–3 is revised to (a) * * * 18, 1995, of the final regulation [I.D. read as follows: (1) The buying team may choose to 032295C] of Framework Adjustment 9, 1871.406±3 Publicizing and response time. conduct parallel negotiations of which was the subject of FR Doc. 95– complete contracts with those offerors 9404, is corrected as follows: In accordance with 18.403, determined to be finalists or with all contracting activities shall allow at least On page 19371, in the third column, acceptable offerors.* ** 15 calendar days response time for in § 651.9, paragraph (e)(40) is added, to receipt of offers from the date of posting * * * * * read as follows: of the solicitation on the NAIS. [FR Doc. 95–24430 Filed 9–29–95; 8:45 am] § 651.9 Prohibitions. Contracting activities shall check the BILLING CODE 7510±01±M NAIS immediately after uploading a * * * * * solicitation to assure that the (e) * * * solicitation is properly posted. DEPARTMENT OF COMMERCE 16. Section 1871.406–4 is revised to (40) To purchase, possess, or receive as a dealer, or in the capacity of a read as follows: National Oceanic and Atmospheric dealer, regulated species in excess of the Administration 1817.406±4 Method of soliciting offers. possession limit specified in § 651.27 (a) Solicitations and solicitation 50 CFR Part 651 applicable to a vessel issued a Federal amendments for MidRange multispecies permit. procurements shall be generated in, or [Docket No. 950410096±5098±01; I.D. * * * * * converted to, electronic files and 032295C] uploaded to the NAIS. RIN 0648±AH66 Dated: September 27, 1995. (b) Amendments to a solicitation Nancy Foster, posted on the NAIS shall be uploaded Northeast Multispecies Fishery; Deputy Assistant Administrator for Fisheries, to the NAIS, and the solicitation and Framework 9; Correction National Marine Fisheries Service. amendment number shall be added to [FR Doc. 95–24422 Filed 9–29–95; 8:45 am] the index of amended solicitations. AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and BILLING CODE 3510±22±F Subpart 1871.5ÐAward Atmospheric Administration (NOAA), Commerce. 17. Section 1871.505 is revised to read ACTION: Correction to final regulation. as follows: 51371
Proposed Rules Federal Register Vol. 60, No. 190
Monday, October 2, 1995
This section of the FEDERAL REGISTER FPM chapters 251 (Intramanagement 251.203 provides information on what contains notices to the public of the proposed Communications and Consultation) and support may be granted organizations. issuance of rules and regulations. The 252 (Agency Relationships with Subpart C provides information on purpose of these notices is to give interested Professional Associations and Other dues withholding. Section 251.301 persons an opportunity to participate in the Organizations). These chapters were references 5 CFR 550.331, which rule making prior to the adoption of the final rules. sunset as of December 31, 1993; but they requires agencies to provide for dues contained material that does not exist withholding for supervisory and elsewhere and that were of assistance to managerial associations. Section OFFICE OF PERSONNEL agencies in dealing with the affected 251.302 indicates that agencies may, but MANAGEMENT associations and organizations. OPM, are not required to, provide dues mindful of the need to keep regulations withholding for other organizations. 5 CFR Part 251 to a minimum, has nevertheless E.O. 12866, Regulatory Planning and RIN 3206±AG38 determined that it is necessary to issue Review regulations because of the significance Agency Relationships With of this matter. This rule has been reviewed by the Organizations Representing Federal Office of Management and Budget in Subpart A provides a general accordance with E.O. 12866. Employees and Other Organizations framework for dealing with Regulatory Flexibility Act AGENCY: Office of Personnel organizations other than labor Management. organizations that represent Federal I certify that this regulation will not ACTION: Proposed rule with request for employees and with other organizations. have a significant economic impact on comments. Criteria for establishing consultative a substantial number of small entities relationships with organizations that are because it will only affect Federal SUMMARY: The Office of Personnel covered by this part are primarily Government employees and non-labor Management (OPM) is issuing proposed derived from section 1–3a of former organizations representing such regulations governing agency relations FPM chapter 251 and section 1–5 of employees. with managerial, supervisory, former FPM chapter 252. In addition, professional, and other organizations section 251.101(f) reminds employees List of Subjects in 5 CFR Part 251 that are not labor organizations. These that 18 U.S.C. §§ 201–216, as interpreted Government employees. regulations are being issued as part of by the Office of Government Ethics and U.S. Office of Personnel Management. the implementation of the Federal the Department of Justice, places James B. King, Personnel Manual (FPM) sunset. The restrictions on a wide range of activities Director. regulations incorporate certain by Federal employees, including provisions that existed in former FPM representational activities on behalf of Accordingly, OPM is proposing to add chapters 251 and 252. organizations that are not labor 5 CFR Part 251 as follows: DATES: Comments on the proposed organizations, and advises them to 1. Part 251 is added to read as follows: regulations must be received on or consult with their designated agency PART 251ÐAGENCY RELATIONSHIPS before December 1, 1995. ethics official for guidance regarding WITH ORGANIZATIONS any conflicts of interest which may ADDRESSES: Send or deliver written REPRESENTING FEDERAL arise. comments to Phyllis Foley, Chief, EMPLOYEES AND OTHER Labor-Management Relations Division, Subpart B provides instructions on ORGANIZATIONS Office of Personnel Management, Room dealing with organizations representing 7412, 1900 E Street NW., Washington, Federal employees. Section 251.201, Subpart AÐGeneral Provisions DC 20415. based on subchapter 1 of former FPM Sec. FOR FURTHER INFORMATION CONTACT: chapter 251, requires agencies to 251.101 Introduction. Hal Fibish at 202–606–1170. establish systems for intramanagement 251.102 Coverage. SUPPLEMENTARY INFORMATION: One of the communications and consultation with 251.103 Definitions. recommendations of the September supervisors and managers and Subpart BÐRelationships With 1993 Report of the National associations of supervisors and Organizations Representing Federal Performance Review (From Red Tape to managers. Section 251.202, based on Employees and Other Organizations Results: Creating a Government that former FPM chapter 252, provides a 251.201 Associations of supervisors and Works Better and Costs Less) was that framework for dealing with management officials. the FPM should be ‘‘sunset.’’ Following organizations that are not supervisory or 251.202 Agency support to organizations consultation with agencies and other managerial. Note that while agencies are representing Federal employees and interested parties, the Director of the required to communicate and consult other organizations. Office of Personnel Management (OPM) with associations of supervisors and Subpart CÐDues Withholding issued a memorandum abolishing the managers, such dealings with other 251.301 Associations of supervisors and FPM as of December 31, 1993, except for organizations representing Federal management officials. certain provisionally retained materials. employees are discretionary. Such 251.302 All other organizations. The proposed regulations would dealings, however, can be mutually Authority: 5 U.S.C. § 1104; 5 U.S.C. chap. continue, with some modifications, beneficial to the agency and the 71; 5 U.S.C. § 7135; 5 U.S.C. § 7301; and E.O. certain provisions that were in former members of the organizations. Section 11491 51372 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
Subpart AÐGeneral Provisions substantial interest. Agency officials and included in the decision-making process employees are therefore advised to and notified of executive-level decisions § 251.101 Introduction. consult with their designated agency on a timely basis. Each agency must (a) These regulations apply to all ethics official for guidance regarding establish and maintain a system for Federal executive branch departments any conflicts of interest that may arise. intra-management communication and and agencies and their officers and consultation with its supervisors and § 251.102 Coverage. employees. managers. They must also establish (b) This part provides a framework for To be covered by this part, an consultative relationships with consulting and communicating with association or organization: associations whose membership is non-labor organizations representing (a) Must be a lawful, nonprofit primarily supervisory and/or Federal employees and with other organization whose constitution and managerial, provided that such organizations on matters related to bylaws indicate that it subscribes to associations are not affiliated with any minimum standards of fiscal agency operations and personnel labor organization and that they have responsibility and employs democratic management. sufficient agency membership to assure principles in the nomination and (c) The purposes of consultation and a worthwhile dialogue with executive communication are: the improvement of election of officers. (b) Must not discriminate in terms of management. agency operations, personnel (b) Consultations should have as their membership or treatment because of management, and employee objectives the improvement of race, color, religion, sex, national origin, effectiveness; the exchange of managerial effectiveness and the information (e.g., ideals, opinions, and age, or handicapping condition. (c) Must not assist or participate in a working conditions of supervisors and proposals); and the establishment of managers, as well as the identification policies that best serve the public strike, work stoppage, or slowdown and resolution of problems affecting interest in accomplishing the mission of against the Government of the United agency operations and employees, the agency. States or any agency thereof or impose (d) An agency’s consultation and a duty or obligation to conduct, assist, including supervisors and managers. (c) The system of communication and communication with organizations or participate in such strike. consultation should be designed so that representing Federal employees and (d) Must not advocate the overthrow individual supervisors and managers are with other organizations under this part of the constitutional form of able to participate if they are not may not take on the character of Government of the United States. affiliated with an association of negotiations or consultations regarding § 251.103 Definitions. supervisors or managers. At the same conditions of employment of bargaining time, the voluntary joining together of unit employees, which is reserved (a) Organization representing Federal supervisory and management personnel exclusively to labor organizations as employees and other organizations in groups of associations shall not be provided for in Chapter 71 of title 5 of means an organization other than a precluded or discouraged. the U.S. Code. labor organization that can provide information, views, and services which (e) The head of a Federal agency may § 251.202 Agency support to organizations determine that it is in the interest of the will contribute to improved agency representing Federal employees and other agency to consult, from time to time, operations, personnel management, and organizations. with organizations other than labor employee effectiveness. Such an (a) Agencies may facilitate employee organizations and supervisory and organization may be an association of membership and participation in managerial associations to the extent Federal management officials and/or organizations representing Federal permitted by law. Under section 7(d)(2) supervisors, a professional association, employees and in other organizations in and (3) of Executive Order 11491, as civic and consumer groups, ways such as: amended, recognition of a labor organizations concerned with special (1) Permitting employees, in organization does not preclude an social interests (for instance, veterans’ appropriate cases, to use agency agency from consulting or dealing with affairs, problems of the aged, personal equipment or administrative support a veterans organization, or with a preference or orientation, etc.), and the services for preparing papers to be religious, social, fraternal, professional, like. presented at conferences or symposia or (b) Association of management or other lawful association, not qualified published in journals. as a labor organization, with respect to officials and/or supervisors means an (2) Using the authority under 5 CFR matters or policies which involve association comprised primarily of part 410 to pay expenses of employees individual members of the organization management officials and/or to attend professional organization or association or are of particular supervisors, which is not eligible for meetings when such attendance is for applicability to it or its members. recognition under Chapter 71 of title 5 the purpose of employee development (f) Federal employees, including of the U.S. Code, and which is not or directly concerned with agency management officials and supervisors, affiliated with a labor organization or functions or activities and the agency may communicate with any Federal federation of labor organizations. can derive benefits from employee (c) Labor organization means an agency, officer, or other Federal entity attendance at such meetings. on the employee’s own behalf. However, organization as defined in 5 U.S.C. (3) Following a liberal policy in Federal employees should be aware that § 7103(a)(4), which is in compliance authorizing excused absence for other 18 U.S.C. § 205, in pertinent part, with 5 U.S.C. § 7120. employees who are willing to pay their restricts Federal employees from acting, Subpart BÐRelationships With own expenses to attend a meeting of a other than in the proper discharge of Organizations Representing Federal professional association or other their official duties, as agents for any Employees and Other Organizations organization from which an agency organization other than a labor could derive some benefit. organization, before any Federal agency § 251.201 Associations of supervisors and (b) Agencies may provide Government or other Federal entity in connection management officials. resources support to organizations (such with any matter in which the United (a) As part of agency management, as space in Government facilities for States is a party or has a direct and supervisors and managers should be meeting purposes and the use of agency Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51373 bulletin boards, internal agency mail ADDRESSES: Please send an original and purposes. For these reasons, avocados distribution systems, electronic bulletin three copies of your comments to from Hawaii are not being treated and boards and other means of informing Docket No. 95–028–1, Regulatory shipped interstate. agency employees about meetings and Analysis and Development, PPD, We are proposing to amend the activities) in accordance with APHIS, suite 3C03, 4700 River Road regulations governing the interstate appropriate General Services Unit 118, Riverdale, MD 20737–1238. movement of Hawaiian fruits and Administration regulations contained in Please state that your comments refer to vegetables to allow the interstate title 41 of the Code of Federal Docket No. 95–028–1. Comments movement of Sharwil avocados from Regulations. The mere provision of such received may be inspected at USDA, Hawaii provided they undergo cold support to any organization is not to be room 1141, South Building, 14th Street treatment for Trifly. The authorized cold construed as Federal sponsorship, and Independence Avenue SW., treatment would be as follows: sanction, or endorsement of the Washington, DC, between 8 a.m. and organization or its activities. 4:30 p.m., Monday through Friday, Exposure Treatment period except holidays. Persons wishing to (days) Subpart CÐDues Withholding inspect comments are requested to call ° ° § 251.301 Associations of supervisors and ahead on (202) 690–2817 to facilitate 32 F (0.00 C) or below ...... 10 entry into the comment reading room. 33 °F (0.56 °C) or below ...... 11 management officials. ° ° FOR FURTHER INFORMATION CONTACT: Mr. 34 F (1.11 C) or below ...... 12 Dues withholding for associations of 35 °F (1.67 °C) or below ...... 14 supervisors and/or management officials Peter M. Grosser or Mr. Frank E. Cooper, is covered in 5 CFR 550.331. Senior Staff Officers, Port Operations, This treatment has been determined PPQ, APHIS, 4700 River Road Unit 139, to be effective against the insects listed § 251.302 All other organizations. Riverdale, MD 20737–1236, (301) 734– above, based on research evaluated and Under 5 CFR 550.311(b), an agency 8295. approved by the U.S. Department of may permit an employee to make an SUPPLEMENTARY INFORMATION: Agriculture. Information on this allotment for any legal purpose deemed research may be obtained from the appropriate by the head of the agency. Background Oxford Plant Protection Center, AQI Agencies may provide for the allotment The Hawaiian Fruits and Vegetables Branch, Plant Protection and of dues for organizations representing regulations, contained in 7 CFR 318.13 Quarantine, APHIS, USDA, 901 Federal employees under that section. through 318.13–17 (referred to below as Hillsboro Street, Oxford, NC, 27575. [FR Doc. 95–24387 Filed 9–29–95; 8:45 am] the regulations), govern, among other Pest risk analyses conducted by the BILLING CODE 6325±01±M things, the interstate movement from Animal and Plant Health Inspection Hawaii of avocados in a raw or Service (APHIS) have determined that unprocessed state. Regulation is any other injurious plant pests that DEPARTMENT OF AGRICULTURE necessary to prevent the spread of the might be carried by Sharwil avocados Mediterranean fruit fly (Ceratitis would be readily detectable upon Animal and Plant Health Inspection capitata), the melon fly (Dacus examination by an inspector of Plant Service cucurbitae), and the Oriental fruit fly Protection and Quarantine (PPQ), (Bactrocera dorsalis). These types of APHIS. 7 CFR Parts 300 and 318 fruit flies are collectively referred to as Cold treatment of avocados generally Trifly. causes discoloration and pitting. [Docket No. 95±028±1] The current regulations allow However, the Agricultural Research Sharwil Avocados From Hawaii avocados to be moved interstate from Service, U.S. Department of Agriculture, Hawaii to any destination in the United has tested a method of pretreatment AGENCY: Animal and Plant Health States only if, among other things, they conditioning for Sharwil avocados that Inspection Service, USDA. have been treated in accordance with a induces tolerance to cold treatment, ACTION: Proposed rule. treatment specified in either § 318.13– making cold treatment for the Sharwil 4d or § 318.13–4e of the regulations. The variety commercially feasible SUMMARY: We are proposing to allow regulations allow untreated avocados (HortScience 29(10):1166–1168.1994.). Sharwil avocados to be moved interstate from Hawaii to be moved interstate to Only the Sharwil variety of avocado from Hawaii after undergoing cold Alaska only, provided that they meet would be approved for cold treatment, treatment for fruit flies under the conditions specified in § 318.13–4g to since the pretreatment conditioning has supervision of an inspector of the ensure that avocados moved to Alaska been tested only on the Sharwil variety. Animal and Plant Health Inspection are free from Trifly. Pretreatment conditioning would be Service. Currently, the only authorized Section 318.13–4d provides for recommended but not required. treatments for avocados to be moved treatment of avocados by fumigation The cold treatment procedures for interstate from Hawaii are methyl with methyl bromide. This treatment Sharwil avocado would be added to the bromide fumigation and a combination causes pitting and internal and external Plant Protection and Quarantine (PPQ) of methyl bromide fumigation and discoloration, and reduces the shelf life Treatment Manual, which has been refrigeration. This proposed action of the avocado by 2–4 days, all of which incorporated by reference into the Code would facilitate the interstate movement adversely affect the marketability of the of Federal Regulations at 7 CFR part of Sharwil avocados from Hawaii while avocados. Section 318.13–4e provides 300.1. continuing to provide protection against for treatment of mature green avocados Sharwil avocados moved interstate the spread of injurious plant pests from by fumigation with methyl bromide from Hawaii would continue to be Hawaii to other parts of the United followed by refrigeration for 7 days. subject to other applicable provisions of States. This treatment is not commercially the regulations. These include, among DATES: Consideration will be given only feasible, because after avocados are other things, that a certificate issued in to comments received on or before refrigerated for 7 days the remaining accordance with § 318.13–4(b) must be November 1, 1995. shelf life is not sufficient for marketing attached to the container of the 51374 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules regulated article moved interstate from Total production of avocados in the rule; and (3) administrative proceedings Hawaii, and that the movement must United States, excluding Hawaii, was will not be required before parties may comply with any applicable compliance approximately 302.8 million pounds in file suit in court challenging this rule. agreement under § 318.13–4(d). Section 1993. Of this total, California accounted Paperwork Reduction Act 318.13–4(b) provides, among other for approximately 97 percent of the things, that a certificate may be issued production. California continues to This proposed rule contains no if the article is treated under the supply the major share of the U.S. information collection or recordkeeping observation of a PPQ inspector in avocado market. Total Hawaiian requirements under the Paperwork accordance with an administratively avocado production in 1993 accounted Reduction Act of 1995 (44 U.S.C. 3501 approved procedure, and is for less than two-tenths of a percent of et seq.). subsequently handled either under such the total U.S. production. List of Subjects supervision as the inspector may require The total value of Hawaiian avocado or in accordance with a compliance production ($220,000 in 1993) is less 7 CFR Part 300 agreement. than three-tenths of a percent of the Incorporation by reference, Plant total U.S. production, and all of the diseases and pests, Quarantine. Nonsubstantive Changes Hawaiian entities involved are We are also proposing two considered small. The proposed rule 7 CFR Part 318 nonsubstantive editorial changes to could reverse the downward trend in Cotton, Cottonseeds, Fruits, Guam, simplify the regulations. Section Hawaiian avocado production by Hawaii, Plant diseases and pests, Puerto 318.13–4d provides that avocados from providing a commercially feasible Rico, Quarantine, Transportation, Hawaii may be eligible for interstate method of treating Sharwil avocados to Vegetables, Virgin Islands. movement if treated with methyl be moved interstate. This would have a Accordingly, 7 CFR parts 300 and 318 bromide fumigation in accordance with positive economic effect on Hawaiian would be amended as follows: that section. Section 318.13–4e provides avocado producers. Although a major that avocados from Hawaii may be share of the U.S. market is supplied by PART 300ÐINCORPORATION BY eligible for interstate movement if California producers, the addition of a REFERENCE treated with a combination of methyl Hawaiian supply would be unlikely to bromide fumigation and refrigeration in have a significant negative impact upon 1. The authority citation for part 300 accordance with that section. We are California producers, as the two would continue to read as follows: proposing to remove these treatment dominant avocado varieties, Sharwil Authority: 7 U.S.C., 150ee, 154, 161, 162, provisions from the regulations at (Hawaii) and Hass (California) have and 167; 7 CFR 2.17, 2.51, and 371.2(c). §§ 318.13–4d and 318.13–4e. These different peak seasons of production. 2. In § 300.1, paragraph (a) would be treatments are already included in the The peak season for the Sharwil variety revised to read as follows: PPQ Treatment Manual. Instead, is between November and May; the peak proposed § 318.13–4d would state that season for the Hass variety is April § 300.1 Materials incorporated by avocados may be moved interstate from through October. As a result, the reference; availability. Hawaii if treated in accordance with the proposed rule would be expected to (a) Plant Protection and Quarantine PPQ Treatment Manual. Thus, the have a complementary rather than Treatment Manual. The Plant Protection treatments listed in §§ 318.13–4d and competitive effect. The change would and Quarantine Treatment Manual, 318.13–4e would remain as options but not be expected to have any significant which was reprinted on November 30, would appear in the PPQ Treatment impact upon supply and price. 1992, and includes all revisions through Manual. Nevertheless, it would be expected to [insert date], has been approved for We are also proposing to amend the have a positive impact upon consumers incorporation by reference in 7 CFR definition of ‘‘Inspector’’ to read ‘‘An by providing for a more continuous and chapter III by the Director of the Office inspector of Plant Protection and varied avocado supply. of the Federal Register in accordance Quarantine, Animal and Plant Health Under these circumstances, the with 5 U.S.C. 552(a) and 1 CFR part 51. Inspection Service, United States Administrator of the Animal and Plant * * * * * Department of Agriculture.’’ Health Inspection Service has PART 318ÐHAWAIIAN AND Executive Order 12866 and Regulatory determined that this action would not TERRITORIAL QUARANTINE NOTICES Flexibility Act have a significant economic impact on a substantial number of small entities. This proposed rule has been reviewed 3. The authority citation for part 318 under Executive Order 12866. For this Executive Order 12372 would continue to read as follows: action, the Office of Management and This program/activity is listed in the Authority: 7 U.S.C. 150bb, 150dd, 150ee, Budget has waived its review process Catalog of Federal Domestic Assistance 150ff, 161, 162, 164a, and 167; 7 CFR 2.17, required by Executive Order 12866. under No. 10.025 and is subject to 2.51, and 371.2(c). Hawaii produced approximately Executive Order 12372, which requires 4. Section 318.13–1 would be 500,000 pounds of avocados during intergovernmental consultation with amended by revising the definition for 1993, down approximately 29 percent State and local officials. (See 7 CFR part Inspector to read as follows: from the 1992 level due, in part, to the 3015, subpart V.) interruption of avocado shipments to § 318.13±1 Definitions. the U.S. mainland because of Oriental Executive Order 12778 * * * * * fruit fly infestation in 1992. Sharwil This proposed rule has been reviewed Inspector. An inspector of Plant variety accounted for 75 percent of this under Executive Order 12778, Civil Protection and Quarantine, Animal and total, or 375,000 pounds. Shipments of Justice Reform. If this proposed rule is Plant Health Inspection Service, United Sharwil avocados from Hawaii to the adopted: (1) All State and local laws and States Department of Agriculture. U.S. mainland and to Canada before the regulations that are inconsistent with * * * * * 1992 suspension peaked at 100,000 this rule will be preempted; (2) no 5. Section 318.13–4d would be pounds. retroactive effect will be given to this revised to read as follows: Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51375
§ 318.13±4d Administrative instructions are intended to prevent injury to hands statement is made: ‘‘Comments to concerning the interstate movement of during the operation of a PTC Model Docket Number 95–ANE–25.’’ The avocados from Hawaii. 950 series passenger seat equipped with postcard will be date stamped and (a) Subject to the requirements of footrest assembly. returned to the commenter. §§ 318.13–3 and 318.13–4 and all other DATES: Comments must be received by Availability of NPRMs applicable provisions of this subpart, December 1, 1995. Any person may obtain a copy of this avocados may be moved interstate from ADDRESSES: Submit comments in Hawaii only if they are treated under the triplicate to the Federal Aviation NPRM by submitting a request to the supervision of an inspector with a Administration (FAA), New England FAA, New England Region, Office of the treatment authorized by the Region, Office of the Assistant Chief Assistant Chief Counsel, Attention: Administrator for the following pests: Counsel, Attention: Rules Docket No. Rules Docket No. 95–ANE–25, 12 New the Mediterranean fruit fly (Ceratitis 95–ANE–25, 12 New England Executive England Executive Park, Burlington, MA capitata), the melon fly (Dacus Park, Burlington, MA 01803–5299. 01803–5299. cucurbitae), and the Oriental fruit fly Comments may be inspected at this Discussion (Bactrocera dorsalis). location between 8:00 a.m. and 4:30 (b) Treatments authorized by the The FAA received two reports of p.m., Monday through Friday, except incidents of finger injuries that occurred Administrator are listed in the Plant Federal holidays. Protection and Quarantine Treatment during attempts to either extend or The service information referenced in retract the footrest system on PTC Manual, which is incorporated by the proposed rule may be obtained from reference at § 300.1 of this chapter. Seating Products Division, B/E B/E Aerospace, PTC Seating Products Aerospace (PTC) Model 950 series § 318.13±4e [Removed and Reserved] Division, 607 Bantam Road, Litchfield, passenger seats equipped with footrest 6. Section 318.13–4e would be CT 06759. This information may be assembly. The first incident resulted in removed and reserved. examined at the FAA, New England an injury to a passenger’s finger when Region, Office of the Assistant Chief Done in Washington, DC, this 25th day of reportedly reaching down to try to pull Counsel, 12 New England Executive the footrest out by hand. The second September 1995. Park, Burlington, MA. Lonnie J. King, incident resulted in injury to a FOR FURTHER INFORMATION CONTACT: Administrator, Animal and Plant Health passenger’s finger when that passenger Richard Noll, Aerospace Engineer, tried to help another passenger and got Inspection Service. Boston Aircraft Certification Office, [FR Doc. 95–24351 Filed 9–29–95; 8:45 am] a finger caught in the footrest FAA, Engine and Propeller Directorate, mechanism. This condition, if not BILLING CODE 3410±34±P 12 New England Executive Park, corrected, could result in injury to Burlington, MA 01803–5299; telephone hands during operation of PTC Model (617) 238–7160, fax (617) 238–7199. 950 series passenger seats equipped DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: with footrest assembly. The FAA has reviewed and approved Federal Aviation Administration Comments Invited the technical contents of PTC Aerospace 14 CFR Part 39 Interested persons are invited to Model 950 Series Service Bulletin (SB) participate in the making of the 25–1192, Revision A, dated March 16, [Docket No. 95±ANE±25] proposed rule by submitting such 1992, and PTC Seating Products written data, views, or arguments as Division, B/E Aerospace SB 25–1330, Airworthiness Directives; PTC Seating they may desire. Communications dated July 27, 1994, that describes Products Division, B/E Aerospace, should identify the Rules Docket procedures for removal and installation Model 950 Series Passenger Seats number and be submitted in triplicate to of PTC Model 950 series passenger seats Equipped With Footrest Assembly the address specified above. All equipped with footrest assembly. AGENCY: Federal Aviation communications received on or before Since an unsafe condition has been Administration, DOT. the closing date for comments, specified identified that is likely to exist or ACTION: Notice of proposed rulemaking above, will be considered before taking develop on other products of this same (NPRM). action on the proposed rule. The type design, the proposed AD would proposals contained in this notice may require a mandatory removal of PTC SUMMARY: This document proposes the be changed in light of the comments Model 950 series footrest assembly adoption of a new airworthiness received. arms, and the installation of a directive (AD) that is applicable to PTC Comments are specifically invited on conversion kit on PTC Model 950 series Seating Products Division, B/E the overall regulatory, economic, passenger seats equipped with a Aerospace (PTC), formally known as environmental, and energy aspects of footrest. The actions would be required PTC Aerospace, Model 950 series the proposed rule. All comments to be accomplished in accordance with passenger seats with footrest assembly. submitted will be available, both before the service bulletins described This proposal would require the and after the closing date for comments, previously. removal of the footrest assembly arms in the Rules Docket for examination by There are approximately 5800 seats and the installation of a conversion kit interested persons. A report equipped with footrest assembly of the on each PTC Model 950 series passenger summarizing each FAA-public contact affected design in the worldwide fleet. seat equipped with footrest assembly. concerned with the substance of this The FAA estimates that 5000 seats This proposal is prompted by two proposal will be filed in the Rules equipped with footrest assembly incidents of finger injuries that occurred Docket. installed on aircraft of U.S. registry during attempts to either extend or Commenters wishing the FAA to would be affected by this proposed AD, retract the footrest system on PTC acknowledge receipt of their comments that it would take approximately .3/4 Model 950 series passenger seats submitted in response to this notice work hours per seat to accomplish the equipped with footrest assembly. The must submit a self-addressed, stamped proposed actions, and that the average actions specified by the proposed AD postcard on which the following labor rate is $60 per work hour. 51376 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
Required parts would cost subject to the requirements of this AD. For Royce plc (R–R) Dart series turboprop approximately $30 per seat. Based on seats equipped with footrest assembly that engines, that currently establishes a life these figures, the total cost impact of the have been modified, altered, or repaired so limit for propeller low torque switches. proposed AD on U.S. operators is that the performance of the requirements of This action adds two propeller low this AD is affected, the owner/operator must torque switch part numbers and two R– estimated to be $225,000. use the authority provided in paragraph (b) The regulations proposed herein to request approval from the FAA. This R Dart engine models that were omitted would not have substantial direct effects approval may address either no action, if the from the current AD, and establishes a on the States, on the relationship current configuration eliminates the unsafe calendar end-date for removal of between the national government and condition, or different actions necessary to propeller low torque switches from the States, or on the distribution of address the unsafe condition described in service. This proposal is prompted by power and responsibilities among the this AD. Such a request should include an the need to add omitted part numbers various levels of government. Therefore, assessment of the effect of the changed and engine models to the AD. The in accordance with Executive Order configuration on the unsafe condition actions specified by the proposed AD 12612, it is determined that this addressed by this AD. In no case does the are intended to prevent cracking of the presence of any modification, alteration, or snap diaphragm in the propeller low proposal would not have sufficient repair remove any seat from the applicability federalism implications to warrant the of this AD. torque switch, which could delay propeller auto-feathering and thereby preparation of a Federalism Assessment. Compliance: Required as indicated, unless For the reasons discussed above, I accomplished previously. adversely affect aircraft controllability. certify that this proposed regulation (1) To prevent injury to hands during DATES: Comments must be received by is not a ‘‘significant regulatory action’’ operation of the PTC Model 950 series December 1, 1995. under Executive Order 12866; (2) is not passenger seats equipped with footrest ADDRESSES: Submit comments in a ‘‘significant rule’’ under the DOT assembly, accomplish the following: triplicate to the Federal Aviation Regulatory Policies and Procedures (44 (a) Within nine calendar months after the Administration (FAA), New England FR 11034, February 26, 1979); and (3) if effective date of this AD. Region, Office of the Assistant Chief (1) Remove seat footrest assembly arms, promulgated, will not have a significant Counsel, Attention: Rules Docket No. economic impact, positive or negative, P/N 98440–1 or –2, in accordance with the Accomplishment Instructions of PTC 94–ANE–43, 12 New England Executive on a substantial number of small entities Aerospace Service Bulletin (SB) 25–1192, Park, Burlington, MA 01803–5299. under the criteria of the Regulatory Revision A, dated March 16, 1992. Comments may be inspected at this Flexibility Act. A copy of the draft (2) Install conversion kit, P/N 122966–1, in location between 8:00 a.m. and 4:30 regulatory evaluation prepared for this accordance with Section 2, Accomplishment p.m., Monday through Friday, except action is contained in the Rules Docket. Instructions of PTC Seating Products Federal holidays. A copy of it may be obtained by Division, B/E Aerospace SB 25–1330, dated The service information referenced in contacting the Rules Docket at the July 27, 1994. the proposed rule may be obtained from location provided under the caption (b) An alternative method of compliance or adjustment of the compliance time that Rolls-Royce plc, Attn: Dart Engine ADDRESSES. provides an acceptable level of safety may be Service Manager, East Kilbride, Glasgow List of Subjects in 14 CFR Part 39 used if approved by the Manager, Boston G74 4PY, Scotland. This information Aircraft Certification Office. The request may be examined at the FAA, New Air transportation, Aircraft, Aviation should be forwarded through an appropriate England Region, Office of the Assistant safety, Safety. FAA Principal Maintenance Inspector, who Chief Counsel, 12 New England The Proposed Amendment may add comments and then send it to the Executive Park, Burlington, MA. Manager, Boston Aircraft Certification Office. FOR FURTHER INFORMATION CONTACT: Accordingly, pursuant to the Note: Information concerning the existence authority delegated to me by the Diane Cook, Aerospace Engineer, Engine of approved alternative methods of Certification Office, FAA, Engine and Administrator, the Federal Aviation compliance with this airworthiness directive, Administration proposes to amend part if any, may be obtained from the Boston Propeller Directorate, 12 New England 39 of the Federal Aviation Regulations Aircraft Certification Office. Executive Park, Burlington, MA 01803– (14 CFR part 39) as follows: Issued in Burlington, Massachusetts, on 5299; telephone (617) 238–7134, fax September 18, 1995. (617) 238–7199. PART 39ÐAIRWORTHINESS James C. Jones, SUPPLEMENTARY INFORMATION: DIRECTIVES Acting Manager, Engine and Propeller Comments Invited 1. The authority citation for part 39 Directorate, Aircraft Certification Service. continues to read as follows: [FR Doc. 95–24439 Filed 9–29–95; 8:45 am] Interested persons are invited to participate in the making of the BILLING CODE 4910±13±U Authority: 49 U.S.C. App. 106(g); 40101, proposed rule by submitting such 40113, 44701. written data, views, or arguments as § 39.13 [Amended] 14 CFR Part 39 they may desire. Communications should identify the Rules Docket 2. Section 39.13 is amended by [Docket No. 94±ANE±43] adding the following new airworthiness number and be submitted in triplicate to the address specified above. All directive: Airworthiness Directives; Rolls-Royce communications received on or before plc Dart Series Turboprop Engines PTC Seating Products Division, B/E the closing date for comments, specified Aerospace: Docket No. 95–ANE–25. AGENCY: Federal Aviation above, will be considered before taking Applicability: PTC Seating Products action on the proposed rule. The Division, B/E Aerospace (PTC) Model 950 Administration, DOT. series passenger seat equipped with footrest ACTION: Notice of proposed rulemaking proposals contained in this notice may assembly. (NPRM). be changed in light of the comments Note: This AD applies to each seat received. identified in the preceding applicability SUMMARY: This document proposes the Comments are specifically invited on provision, regardless of whether it has been supersedure of an existing airworthiness the overall regulatory, economic, modified, altered, or repaired in the area directive (AD), applicable to Rolls- environmental, and energy aspects of Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51377 the proposed rule. All comments determined that AD action is necessary List of Subjects in 14 CFR Part 39 submitted will be available, both before for products of this type design that are Air transportation, Aircraft, Aviation and after the closing date for comments, certificated of operation in the United safety, Safety. in the Rules Docket for examination by States. interested persons. A report Rolls-Royce plc has issued R–R Dart The Proposed Amendment summarizing each FAA-public contact Aero Engine Service Bulletin (SB) No. Accordingly, pursuant to the concerned with the substance of this Da61–12, Revision 2, dated September authority delegated to me by the proposal will be filed in the Rules 1978, that describes procedures for Administrator, the Federal Aviation Docket. removal from service of propeller low Administration proposes to amend part Commenters wishing the FAA to torque switches. 39 of the Federal Aviation Regulations acknowledge receipt of their comments (14 CFR part 39) as follows: submitted in response to this notice Since an unsafe condition has been must submit a self-addressed, stamped identified that is likely to exist or PART 39ÐAIRWORTHINESS postcard on which the following develop on other products of this same DIRECTIVES statement is made: ‘‘Comments to type design, the proposed AD would Docket Number 94–ANE–43.’’ The supersede AD 90–08–12 to add two 1. The authority citation for part 39 postcard will be date stamped and propeller low torque switch part continues to read as follows: returned to the commenter. numbers and two R–R Dart engine Authority: 49 USC 106(g), 40101, 40113, models that were omitted from AD 90– 44701. Availability of NPRMs 08–12. In addition, the proposed AD Any person may obtain a copy of this establishes 30 days after the effective § 39.13 [Amended] NPRM by submitting a request to the date of the AD as a calendar end-date for 2. Section 39.13 is amended by FAA, New England Region, Office of the removal of propeller low torque removing amendment 39–6473 (55 FR Assistant Chief Counsel, Attention: switches. 12477, April 4, 1990) and by adding a Rules Docket No. 94–ANE–43, 12 New There are approximately 2,880 new airworthiness directive to read as England Executive Park, Burlington, MA engines of the affected design in the follows: 01803–5299. worldwide fleet. The FAA estimates that Rolls-Royce plc: Docket No. 94–ANE–43. Supersedes AD 90–08–12, Amendment Discussion 450 engines installed on aircraft of U.S. registry would be affected by this 39–6473. On January 4, 1990, the Federal proposed AD, that it would take Applicability: Rolls-Royce plc (R–R) Dart Aviation Administration (FAA) issued approximately 1.5 work hours per Mk. 506, 510, 511, 514, 515, 520, 525, 526, airworthiness directive (AD) 90–08–12, engine to accomplish the proposed 527, 528, 529, 530, 531, 532, 533, 534, 535, Amendment 39–6473 (55 FR 12477, 536, 542, 543, 551, and 552 turboprop actions, and that the average labor rate engines, installed on but not limited to the April 4, 1990), to establish a life limit is $60 per work hour. Required parts for propeller low torque switches on following aircraft: Gulfstream Aerospace would cost approximately $3,800 per Corp. G–159, British Aerospace HS 748, Rolls-Royce plc (R–R) Dart series engine. Based on these figures, the total Fokker Aircraft F.27, Mitsubishi Heavy turboprop engines. That action was cost impact of the proposed AD on U.S. Industries YS–11, General Dynamics prompted by the FAA’s determination operators is estimated to be $1,750,500. (Convair) 600, and Vickers Armstrongs that propeller low torque switch snap (Aircraft) Limited Viscount. diaphragms had continued to crack in The regulations proposed herein would not have substantial direct effects Note: This airworthiness directive (AD) service despite the inspection and applies to each engine identified in the overhaul requirements of a previous AD, on the States, on the relationship preceding applicability provision, regardless 77–20–04 R1. That condition, if not between the national government and of whether it has been modified, altered, or corrected, could result in cracking of the the States, or on the distribution of repaired in the area subject to the snap diaphragm in the propeller low power and responsibilities among the requirements of this AD. For engines that have been modified, altered, or repaired so torque switch, which could delay various levels of government. Therefore, in accordance with Executive Order that the performance of the requirements of propeller auto-feathering and thereby this AD is affected, the owner/operator must adversely affect aircraft controllability. 12612, it is determined that this proposal would not have sufficient use the authority provided in paragraph (e) Since the issuance of AD 90–08–12, to request approval from the Federal Aviation the FAA has determined that two federalism implications to warrant the Administration (FAA). This approval may propeller low torque switch part preparation of a Federalism Assessment. address either no action, if the current numbers, L944772 and L944774, and For the reasons discussed above, I configuration eliminates the unsafe two R–R Dart engine models, Mk. 551 certify that this proposed regulation (1) condition, or different actions necessary to and 552, were omitted from that AD. is not a ‘‘significant regulatory action’’ address the unsafe condition described in This engine model is manufactured in under Executive Order 12866; (2) is not this AD. Such a request should include an assessment of the effect of the changed the United Kingdom and is type a ‘‘significant rule’’ under the DOT configuration on the unsafe condition certificated for operation in the United Regulatory Policies and Procedures (44 addressed by this AD. In no case does the States under the provisions of section FR 11034, February 26, 1979); and (3) if presence of any modification, alteration, or 21.29 of the Federal Aviation promulgated, will not have a significant repair remove any engine from the Regulations (14 CFR 21.29) and the economic impact, positive or negative, applicability of this AD. applicable bilateral airworthiness on a substantial number of small entities Compliance: Required as indicated, unless agreement. Pursuant to this bilateral under the criteria of the Regulatory accomplished previously. airworthiness agreement, the Civil Flexibility Act. A copy of the draft To prevent cracking of the snap diaphragm Aviation Authority (CAA), which is the regulatory evaluation prepared for this in the propeller low torque switch, which could delay propeller auto-feathering and airworthiness authority for the United action is contained in the Rules Docket. thereby adversely affect aircraft Kingdom, has kept the FAA informed of A copy of it may be obtained by controllability, remove from service propeller the situation described above. The FAA contacting the Rules Docket at the low torque switch Part Numbers (P/N) has examined the findings of the CAA, location provided under the caption 3700892, 3700895, 3701232, 3500355, reviewed all available information, and ADDRESSES. 3500356, 3500410 through 412, L944707 51378 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules through 709, L944738 through 740, L944742 ACTION: Proposed rule; extension of Dated: September 21, 1995. through 744, L944769, L944772, and public comment period. L944774, in accordance with R–R Dart Aero Mary Nichols, Engines Service Bulletin (SB) No. Da61–12, Assistant Administrator for Air and Revision 2, dated September 1978, as SUMMARY: This action extends the Radiation. follows: comment period to the proposed rule [FR Doc. 95–24360 Filed 9–29–95; 8:45 am] (a) Remove from service propeller low published on August 18, 1995 (60 FR BILLING CODE 6560±50±P torque switches that have accumulated 5 or 43092), which concerns inspection/ more calendar years time in service (TIS) on maintenance program requirements for the effective date of this AD, within 30 days on-board diagnostic checks. EPA is 40 CFR Part 52 after the effective date of this AD, and replace with a serviceable part. extending the comment period to (b) Remove from service propeller low October 13, 1995. [Region II Docket No. 141; NJ21±1±7065b; FRL±5306±7] torque switches that have accumulated less DATES: Written comments on the than 5 calendar years TIS on the effective date of this AD, within 5 calendar years total proposed rule must be received no later Approval and Promulgation of TIS, or within 30 days after the effective date than October 13, 1995. A public hearing Implementation Plans; The 1990 Base of this AD, whichever occurs later, and is not scheduled for this rule. Year Ozone Emissions Inventory for replace with a serviceable part. ADDRESSES: New Jersey (c) Remove from service propeller low Interested parties may torque switches that cannot have their in- submit written comments (in duplicate AGENCY: Environmental Protection service calendar time established within 30 if possible) to Public Docket No. A–94– Agency (EPA). days after the effective date of this AD, and 21. It is requested that a duplicate copy ACTION: Proposed rule. replace with a serviceable part. be submitted to Eugene J. Tierney at the (d) Thereafter, remove from service new or Office of Mobile Sources, National SUMMARY: EPA proposes to approve overhauled propeller low torque switches at Vehicle and Fuel Emissions Laboratory, revisions to the New Jersey State or prior to accumulating 5 calendar years TIS since initial installation on an engine. This 2565 Plymouth Road, Ann Arbor, Implementation Plan (SIP) pertaining to limit includes storage or on-shelf time Michigan 48105. The docket is located the 1990 base year ozone precursor accumulated after initial installation on an at the Air Docket, Room M–1500 (6102), emission inventory. The inventories engine. Overhaul of the propeller low torque Waterside Mall SW., Washington, DC were submitted by New Jersey as part of switch zero-times the part. 20460. The docket may be inspected New Jersey’s plan to attain the national (e) An alternative method of compliance or between 8:30 a.m. and 12 noon and ambient air quality standard (NAAQS) adjustment of the compliance time that between 1:30 p.m. until 3:30 p.m. on for ozone in the Atlantic City, New provides an acceptable level of safety may be weekdays. A reasonable fee may be York/Northern New Jersey/Long Island, used if approved by the Manager, Engine Philadelphia/ Wilmington/Trenton, and Certification Office. The request should be charged for copying docket material. Allentown/Bethlehem/Easton areas of forwarded through an appropriate FAA FOR FURTHER INFORMATION CONTACT: Principal Maintenance Inspector, who may New Jersey. In the final rules section of add comments and then send it to the Eugene J. Tierney, Office of Mobile this Federal Register, EPA is approving Manager, Engine Certification Office. Sources, National Vehicle and Fuel the State’s emission inventory as a Note: Information concerning the existence Emissions Laboratory, 2565 Plymouth direct final rule without prior proposal of approved alternative methods of Road, Ann Arbor, Michigan, 48105. because the Agency views this as a compliance with this airworthiness directive, Telephone (313) 668–4456. noncontroversial revision and if any, may be obtained from the Engine anticipates no adverse comments. A SUPPLEMENTARY INFORMATION: Certification Office. detailed rationale for the approval is set (f) Special flight permits may be issued in Background forth in the direct final rule. If no accordance with sections 21.197 and 21.199 adverse comments are received in of the Federal Aviation Regulations (14 CFR EPA announced its intent to establish response to that direct final rule no 21.197 and 21.199) to operate the aircraft to requirements for the inspection of on- further activity is contemplated in a location where the requirements of this AD board diagnostic systems as part of can be accomplished. relation to this proposed rule. If EPA Inspection/Maintenance (I/M) programs receives adverse comments, the direct Issued in Burlington, Massachusetts, on in the proposed rule (NPRM) published September 21, 1995. final rule will be withdrawn and all on August 18, 1995. The purpose of this public comments received will be James. C. Jones, NPRM is to propose amendments to addressed in a subsequent final rule Acting Manager, Engine and Propeller those sections of the Inspection/ based on this proposed rule. The EPA Directorate, Aircraft Certification Service. Maintenance Program Requirements in will not institute a second comment [FR Doc. 95–24438 Filed 9–29–95; 8:45 am] Subpart S, 40 CFR Part 51 (November 5, period on this proposed rule. Any BILLING CODE 4910±13±U 1992) that were reserved for OBD parties interested in commenting on this requirements and elsewhere, as needed. action should do so at this time. The proposed revisions include DATES: Comments must be received in ENVIRONMENTAL PROTECTION additions and confirming modifications writing on or before November 1, 1995. AGENCY regarding requirements that I/M ADDRESSES: All comments should be 40 CFR Parts 51 and 85 inspectors check the on-board addressed to: William S. Baker, Chief, diagnostic system as part of the overall Air Programs Branch, Environmental [FRL±5305±6] inspection. This NPRM proposes the Protection Agency, Region II Office, 290 minimum requirements for inspecting Inspection/Maintenance Program Broadway 20th Floor, New York, New vehicles equipped with on-board RequirementÐOn-Board Diagnostic York, 10007–1866. diagnostic systems as part of the Checks Copies of the state submittal(s) are inspections required in basic and available at the following addresses for AGENCY: Environmental Protection enhanced Inspection/Maintenance inspection during normal business Agency (EPA). programs. hours: Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51379
Environmental Protection Agency, 290 Broadway, Twentieth floor, New States within the Northeast ozone Region II Office, Library 16th Floor, York, New York 10007–1866. transport region established by section 290 Broadway 20th Floor, New York, New Jersey Department of 184(a) should have revised their SIPs to New York 10007–1866. Environmental Protection, Office of Air include the RACT measures by New Jersey Department of Quality Management, Bureau of Air November 15, 1992. Because states in a Environmental Protection, Office of Quality Planning, 401 East State Street, transport region are generally subject to Air Quality Management, Bureau of CN418, Trenton, New Jersey 08625. at least the moderate area requirements, Air Quality Planning, 401 East State FOR FURTHER INFORMATION CONTACT: Ted EPA believes that the schedule for Street, CN418, Trenton, New Jersey Gardella, Air Programs Branch, implementing these RACT rules in the 08625. Environmental Protection Agency, 290 ozone transport region should be FOR FURTHER INFORMATION CONTACT: Broadway, Twentieth floor, New York, consistent with the requirements of Demian Ellis, Air Programs Branch, New York 10007–1866, (212) 637–4249. Section 182(b)(2) and will be expected Environmental Protection Agency, 290 to require final installation of the actual Broadway 20th Floor, New York, New SUPPLEMENTARY INFORMATION: NO controls by May 31, 1995 on those York 10007–1866, (212) 637–4249. X I. Background sources for which installation by that SUPPLEMENTARY INFORMATION: For date is practicable. Based on Section additional information see the direct The air quality planning requirements 182(f), New Jersey is required to apply final rule which is published in the for the reduction of NOX emissions the NO RACT requirements Statewide. rules section of this Federal Register. through RACT are set out in Section X 182(f) of the Act. Section 182(f) II. State Submittal Dated: September 18, 1995. requirements are described by EPA in a William J. Muszynski, notice, ‘‘State Implementation Plans; On November 15, 1993 New Jersey Deputy Regional Administrator. Nitrogen Oxides Supplement to the submitted to EPA as a revision to the [FR Doc. 95–24462 Filed 9–29–95; 8:45 am] General Preamble; Clean Air Act SIP, Subchapter 19, ‘‘Control and BILLING CODE 6560±50±P Amendments of 1990 Implementation of Prohibition of Air Pollution From Title I; Proposed Rule,’’ published Oxides of Nitrogen’’ of Chapter 27, Title November 25, 1992 (57 FR 55620). The 7 of the New Jersey Administrative Code 40 CFR Part 52 November 25, 1992 notice should be with an effective date of December 20, referred to for detailed information on [Region II Docket No. 145; NJ16±1±6470, 1993. Subchapter 19 contains the NOX FRL±5309±3] the NOX requirements. Additional RACT requirements for the State. New guidance memoranda which have been Jersey held public hearings on Approval and Promulgation of released subsequent to the NO X Subchapter 19 in March 1993 and it was Implementation Plans; Reasonably Supplement should also be referred to. adopted on November 15, 1993. EPA Available Control Technology for The EPA has defined RACT as the reviewed the plan to determine Oxides of Nitrogen for the State of New lowest emission limitation that a completeness in accordance with Jersey particular source is capable of meeting by the application of control technology criteria set out at 40 CFR 51. The AGENCY: Environmental Protection submittal was found to be Agency (EPA). that is reasonably available considering technological and economic feasibility administratively and technically ACTION: Notice of proposed rulemaking. (44 FR 53762; September 17, 1979). complete, and a letter dated December 29, 1993 was forwarded to the SUMMARY: The EPA proposes approval of Section 182(f) of the Act requires revisions to the State Implementation states within moderate or above ozone Commissioner indicating the Plan (SIP) for ozone submitted by the nonattainment areas or the ozone completeness of the submittal and the State of New Jersey. This portion of the transport region to apply the same next steps to be taken in the review implementation plan was submitted by requirements to major stationary sources process. the State to satisfy Clean Air Act (the of NOX (‘‘major’’ as defined in Section It is important to note that New Jersey Act) requirements for adoption of rules 302 and Section 182(c), (d), and (e)) as is a member of the Northeast States for for the application of reasonably are applied to major stationary sources Coordinated Air Use Management available control technology (RACT) for of volatile organic compounds (VOCs). (NESCAUM) and the Ozone Transport oxides of nitrogen (NOX) in the entire For more information on what Commission (OTC), which seek to constitutes a major source, see Section State. The Act requires implementation develop a consistent NOX reduction of NOX RACT at major stationary 2 of the NOX Supplement to the General strategy for ozone attainment in the sources of NOX emissions in the State of Preamble. Northeast. New Jersey’s NOX RACT plan New Jersey by May 31, 1995. Section 182(b)(2) requires submittal of is consistent with the recommendations DATES: Comments must be received on RACT rules for major stationary sources of these groups, which are generally or before November 1, 1995. of VOC emissions (not covered by a pre- more stringent than EPA requirements. ADDRESSES: All comments should be enactment control technique guidelines For a more detailed discussion of New addressed to: William S. Baker, Chief, (CTG) document or a post-enactment Air Programs Branch, Environmental CTG document) by November 15, 1992. Jersey’s submittal and EPA’s proposed action on the submittal, the reader Protection Agency, Region II Office, 290 There were no NOX CTGs issued before Broadway, Twentieth Floor, New York, enactment and EPA has not issued a should refer to the Technical Support New York 10007–1866. CTG document for any NOX sources Document developed as part of this Copies of the state submittal and other since enactment. States, in their RACT proposed action and found at the information are available at the rules, are expected to require final previously mentioned addresses. following addresses for inspection installation of the actual NOX controls during normal business hours: by May 31, 1995 from those sources for Environmental Protection Agency, which installation by that date is Region II Office, Air Programs Branch, practicable. 51380 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
III. Analysis of New Jersey’s SIP in accordance with Section 19.14 and in enforceable through appropriate Submission addition, the combustion process of the averaging times, test methods, turbine must be annually adjusted. compliance schedules and reporting and A. RACT Determination and New Jersey’s emission limitations are recordkeeping requirements. Implementation consistent with EPA’s general guidance. 4. Non-Utility Boilers 1. Utility Boilers The emission limits are enforceable through appropriate averaging times, Section 19.4 of Subchapter 19 Section 19.7 specifies the test methods, compliance schedules and specifies the emission limitations for requirements for non-utility boilers. The reporting and recordkeeping utility boilers and three alternative ways control strategy depends on the requirements. for utility boilers to comply: averaging, maximum gross heat input rate of the fuel switching, and repowering. 3. Emissions Averaging non-utility boiler, the type of boiler and the type of fuel used. Smaller boilers are Maximum allowable NOX emission Section 19.6 allows sources to comply required to annually adjust the rates, expressed as pounds NOX per with the regulation with an averaging combustion process to minimize NO million BTUs (lb. NOX/MM BTU), range plan. Any person owning or operating at X emissions, while the larger size boilers from 0.2 to 1.0 depending on the type least two items of equipment or source of boiler and the type of fuel. Section operations may request the must meet emission limits (lb. NOX/MM 19.4 also requires utility boilers to Department’s approval of an averaging BTU) ranging from 0.1 to 1.0. Also, any install a continuous emission plan. The person developing an non-utility boilers with a maximum monitoring system. The emission limits averaging plan must identify the gross heat input rate of at least 250 specified by New Jersey are consistent equipment and source operations to be million BTUs per hour shall install a with those recommended by the EPA in included in the plan. The averaging continuous emissions monitoring system. the NOX Supplement. The emission units included in the plan may be limits are enforceable through located at one or more sites throughout The emission limits specified by New appropriate averaging times, test the State, but must be owned and Jersey are consistent with those methods, compliance schedules and operated by the same person. The recommended by the EPA in the NOX reporting and recordkeeping central part of the application for an Supplement. The emission limits are requirements. averaging plan is the demonstration that enforceable through appropriate New Jersey’s provisions allow utilities if all averaging units included in the averaging times, test methods, to comply with the NOX RACT designated set are operating at compliance schedules and reporting and requirements by using an averaging plan maximum design capacity, their total recordkeeping requirements. throughout the State including areas emissions will be no greater than the 5. Stationary Internal Combustion with different nonattainment total emissions which would be allowed Engines classifications. This alternative is from all of the averaging units if they further reviewed in Part III.A.3. of this were subject to the ‘presumptive’ RACT Section 19.8 establishes NOX document. emission limits. emission limits for stationary internal New Jersey’s fuel switching provision This averaging provision is not combustion engines. The emission is consistent with EPA guidance which intended to be a generic trading rule limitations, expressed as grams NOX per basically states that annual emissions of covering all pollutants but is a limited horsepower-hour, range from 1.5 to 8.0 NOX must be less than or equal to trading rule for meeting NOX RACT depending on the type of engine and the annual emissions that would result from requirements. The New Jersey type of fuel used. continuous compliance with regulation is limited in scope, time, and New Jersey’s emission limits are presumptive NO RACT. types of sources which can trade and is X consistent with EPA’s general guidance New Jersey’s repowering provision intended to be an interim step in and with those suggested by NESCAUM. meets all of the requirements in EPA’s achieving future ozone attainment. New The emission limits are enforceable guidance. Repowering is simply the Jersey’s averaging provision met the through appropriate averaging times, replacement of the steam generator in a general EPA guidance (NOX Preamble) test methods, compliance schedules and steam generating unit. New Jersey’s when these rules were proposed and reporting and recordkeeping provision requires interim RACT to adopted by the State. New Jersey, in requirements. begin by May 1, 1995 and for the consultation with the OTC states and repower to be completed by May 15, EPA, is currently developing future 6. Asphalt Plants 1999. New Jersey defines interim RACT trading rules which will have broader as annual adjustments to the applicability. New Jersey’s averaging Section 19.9 establishes NOX combustion process. provision is satisfactory in that it meets emission limits for asphalt plants EPA’s policy that was in existence at the depending on the type of plant. The 2. Stationary Gas Turbines time it was adopted by the State, emission limit for these sources is 200 Section 19.5 specifies the maximum however there are some differences from parts per million (dry, volume basis) at allowable NOX emission rates (lb. NOX/ current EPA trading policy. These seven percent oxygen content. In MM BTU) ranging from 0.15 to 0.4 differences include: (1) definition of a addition to establishing emission limits, depending on the type of turbine and violation, (2) improved audit the regulation requires the burner of an the type of fuel. Alternatively, procedures, (3) a reconciliation aggregate dryer to be adjusted annually compliance can be met through an procedure, (4) specification of baseline to reduce emissions of all pollutants. averaging plan or where it can be shown emissions, and (5) the effects on credits New Jersey’s emission limitations are that there is an insufficient supply of of newly adopted rules. The State’s consistent with EPA’s general guidance. water to the turbine and that there is no revisions will address these areas and The emission limits are enforceable commercially available dry low-NOX strengthen the NOX RACT regulations. through appropriate averaging times, combustor suitable. In this latter case, New Jersey’s averaging plan is test methods, compliance schedules and the owner/operator must obtain consistent with EPA’s general guidance reporting and recordkeeping approval of this waiver from New Jersey (NOX Preamble). The averaging plan is requirements. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51381
7. Glass Manufacturing Furnaces owner or operator of a source operation net air quality benefits are greater in the or item of equipment that is listed in absence of NOX reductions. This provision Section 19.10 establishes NOX conforms to Section 182(f) of the Act emission limits for glass manufacturing 19.2 seeks approval of an alternative maximum allowable emission rate. providing for this NOX RACT exemption. furnaces. The limitations depend on the 3. NOX sources with a potential to emit less type of glass manufactured by the New Jersey’s procedure entails the than 25 tons per year and with the potential furnace. owners and/or operators of the effected to emit less than 137 pounds per day during The emission limits, expressed as facility to propose a NOX control plan the ozone season. This provision is pounds NO per ton of glass removal or request for an alternative maximum consistent with the Act as indicated in the X first exemption above. from the furnace, for commercial allowable emission rate. The owners/ container and specialty container glass operator are to include a technical and 10. Other Provisions economic feasibility analysis of the manufacturing are 5.5 and 11.0 The following are administrative and respectively. In the case of borosilicate possible alternative control measures. For each case, the regulations provide procedural provisions to Subchapter 19 recipe glass manufacturing furnaces, a which were reviewed by EPA: baseline NO emission rate must be for the Department to establish emission X limits based upon a RACT definitions; general provisions; determined by January 1, 1994 and a procedures for obtaining approvals and plan must be submitted by July 1, 1994 determination specific to the facility in question. The resulting control plan or demonstrating compliance; explaining how those baseline requirements for adjusting the emissions will be reduced by 30 alternate maximum allowable emission rate would be submitted for approval as combustion process; emission testing, percent. The furnace must then monitoring, and recordkeeping; and implement the plan and reduce its a SIP revision. Section 19.13(l) identifies the reasons civil penalties. EPA has evaluated these emissions accordingly. In addition, the why the State ‘‘may’’ revoke an approval provisions in Subchapter 19 for owner or operator of a glass of a NO control plan. One reason consistency with EPA policy and has manufacturing furnace must annually X would be an EPA disapproval of the determined that they meet the adjust the combustion process of the plan after EPA rulemaking action. The requirements and are therefore furnace beginning in May 1994. acceptable to the Agency. The Department has determined that State indicates that ‘‘may’’ does not glass furnaces will become subject to the apply to EPA disapprovals and that in IV. Summary a forthcoming amendment to specific emission limitations on May 1, The EPA is proposing full approval of Subchapter 19, New Jersey will clarify 1997, unless the furnace is ‘rebricked’ Subchapter 19, ‘‘Control and Prohibition this. They will revise Sections before that date, in which case the of Air Pollution From Oxides of 19.13(l)(3) and 19.13(h) to say that upon furnace becomes subject to the emission Nitrogen’’ submitted by the State of New EPA disapproval of a specific NO plan, limitations upon the date the rebricking x Jersey on November 15, 1993 for the New Jersey will revoke the plan. EPA is is completed. marginal, moderate, and severe ozone proposing to approve this provision EPA accepts the technical and nonattainment areas. New Jersey has because the New Jersey explanation is economic rationale presented by New applied Subchapter 19 to the entire acceptable and, regardless, EPA has Jersey in their proposed rule for the State. adequate authority under the Act to emission limits as adopted. EPA’s Nothing in this proposed rule should require the state to correct any EPA policy allows states to extend the be construed as permitting or allowing identified deficiencies. repowering guidance to other source or establishing a precedent for any For sources not subject to specific categories. New Jersey’s rebricking future request for revision to any SIP. emission limitations or work practice provisions meet all of the requirements Each request for revision to the SIP shall standards, Section 19.13 provides a in EPA’s guidance. New Jersey’s be considered separately in light of procedure and schedule which must be provision requires interim RACT to specific technical, economic, and followed in order to comply with begin on May 1, 1994 and to rebrick and environmental factors and in relation to Subchapter 19. Should a source not comply with the emission limits by May relevant statutory and regulatory comply with this procedure it would 1, 1997 or the first date after rebricking requirements. constitute a violation of Subchapter 19 is completed, whichever is earlier. New Under the Regulatory Flexibility Act, and would subject the source owner or Jersey defines interim RACT as annual 5 U.S.C. § 600 et. seq., EPA must operator to civil and applicable criminal adjustments to the combustion process. prepare a regulatory flexibility analysis penalties. EPA believes this is sufficient New Jersey’s emission limitations are assessing the impact of any proposed or to insure that sources comply and consistent with EPA’s general guidance final rule on small entities. 5 U.S.C. should EPA have to take enforcement and therefore, acceptable to the Agency. §§ 603 and 604. Alternatively, EPA may action, it could use the same provisions The emission limits are enforceable certify that the rule will not have a to obtain compliance. through appropriate averaging times, significant impact on a substantial test methods, compliance schedules and 9. Exemptions number of small entities. Small entities reporting and recordkeeping Section 19.2 contains provisions to include small businesses, small not-for- requirements. exempt equipment and source profit enterprises, and government entities with jurisdiction over 8. Facility-Specific NOX Emission operations. The following summarizes these exemptions: populations of less than 50,000. Limits SIP approvals under Section 110 and Section 19.13 establishes a procedure 1. Emergency generators which operate less Subchapter I, Part D of the Act do not for a case-by-case determination of what than 500 hours annually and have a potential create any new requirements, but represents RACT for a particular facility, to emit less than 25 tons of NOX. This simply approve requirements that the exemption provision is consistent with the item of equipment or source operation. Act since all sources with a potential to emit State is already imposing. Therefore, This procedure is applicable in two because the federal SIP approval does less than 25 tons per year of NOX are not situations: (1) if a major NOX facility subject to NOX emission limitations. not impose any new requirements, I contains any source operation or item of 2. Equipment or source operations where certify that it does not have a significant equipment not listed in 19.2, or (2) if the the EPA Administrator determines that the impact on any small entities affected. 51382 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
Moveover, due to the nature of the Reporting and recordkeeping In the Final Rules Section of this federal-state relationship under the requirements. Federal Register, the EPA is approving Clean Air Act, preparation of a Authority: 42 U.S.C 7401–7671q. this redesignation request as a direct regulatory flexibility analysis would Dated: September 15, 1995. final rulemaking without prior proposal constitute federal inquiry into the because the EPA views this action as William J. Muszynski, economic reasonableness of state action. noncontroversial and anticipates no The Act forbids EPA to base its actions Deputy Regional Administrator. adverse comments. A detailed rationale concerning SIPs on such grounds. [FR Doc. 95–24451 Filed 9–29–95; 8:45 am] for the approval is set forth in the direct Union Electric Co. v US EPA, 427 US BILLING CODE 6560±50±P final rule. If no adverse comments are 246, 256–66 (S.Ct. 1976); 42 U.S.C. received in response to that direct final § 7410(a)(2). rule, no further activity is contemplated 40 CFR Parts 52 and 81 Under Sections 202, 203, and 205 of in relation to this proposed rule. If the the Unfunded Mandates Reform Act of EPA receives adverse comments, the 1995 (‘‘Unfunded Mandates Act’’), [LA±15±1±6073b; FRL±5307±5] direct final rule will be withdrawn and signed into law on March 22, 1995, EPA all public comments received will be must undertake various actions in Approval and Promulgation of addressed in a subsequent final rule association with proposed or final rules Implementation Plans and Designation based on this proposed rule. The EPA that include a federal mandate that may of Areas for Air Quality Planning will not institute a second comment result in estimated annual costs of $100 Purposes; State of Louisiana; period on this action. Any parties million or more to the private sector, or Approval of the Maintenance Plan for interested in commenting on this action to state, local, or tribal governments in the New Orleans Consolidated should do so at this time. Metropolitan Statistical Area (CMSA); the aggregate. DATES: Comments on this proposed rule Redesignation of the New Orleans Through submission of this state must be postmarked by November 1, CMSA to Attainment implementation plan revision, the state 1995. If no adverse comments are and any affected local or tribal AGENCY: Environmental Protection received, then the direct final rule will governments have elected to adopt the Agency (EPA). be effective on December 1, 1995. program provided for under Section ACTION: Proposed rulemaking. ADDRESSES: Comments should be 182(f) of the Clean Air Act. These rules mailed to Thomas H. Diggs, Chief, Air may bind state, local and tribal SUMMARY: On October 15, 1994, the Planning Section (6PD-L), U.S. EPA governments to perform certain actions State of Louisiana submitted a revised Region 6, 1445 Ross Avenue, Dallas, and also require the private sector to maintenance plan and request to Texas 75202–2733. Copies of the State’s perform certain duties. To the extent redesignate the New Orleans CMSA petition and other information relevant that the rules being proposed for ozone nonattainment area to attainment. to this action are available for approval by this action would impose The New Orleans CMSA is comprised of inspection during normal hours at the any mandate upon the state, local or six parishes: Jefferson, Orleans, St. following locations: tribal governments either as the owner Charles, St. Bernard, St. John the U.S. Environmental Protection Agency, or operator of a source or as a regulator, Baptist, and St. Tammany. Maintenance Region 6, Air Planning Section (6PD- or would impose any mandate upon the and contingency plans are not included L), 1445 Ross Avenue, Suite 700, private sector, EPA’s action would in the action for the parishes of St. John Dallas, Texas 75202–2733. impose no new requirements; such the Baptist and St. Tammany. St. John Air and Radiation Docket and sources are already subject to these the Baptist Parish was previously Information Center, U.S. regulations under state law. redesignated to attainment, and St. Environmental Protection Agency, Accordingly, no additional costs to Tammany Parish has never been 401 M Street, SW., Washington, D.C. state, local, or tribal governments, or to designated as nonattainment. 20460. the private sector, result from this This maintenance plan and Louisiana Department of Environmental action. EPA has also determined that redesignation request was initially Quality, Office of Air Quality, 7290 this proposed action does not include a submitted to the EPA on April 23, 1993. Bluebonnet Boulevard, Baton Rouge, mandate that may result in estimated Although the EPA deemed this initial Louisiana 70810. annual costs of $100 million or more to submittal complete on September 10, Anyone wishing to review this petition state, local, or tribal governments in the 1993, certain approvability issues at the Region 6 EPA office is asked to aggregate or to the private sector. existed. The State of Louisiana contact the person below to schedule This action has been classified as a addressed these approvability issues an appointment 24 hours in advance. Table 3 action for signature by the and has revised its submissions. Under FOR FURTHER INFORMATION CONTACT: Mr. Regional Administrator under the the Clean Air Act (CAA), nonattainment Mick Cote, Air Planning Section (6PD- procedures published in the Federal areas may be redesignated to attainment L), EPA Region 6, telephone (214) 665– Register on January 19, 1989 (54 FR if sufficient data are available to warrant 7219. 2214–2225), as revised by a July 10, the redesignation and the area meets the SUPPLEMENTARY INFORMATION: See the 1995 memorandum from Mary Nichols, other CAA redesignation requirements. information provided in the direct final Assistant Administrator for Air and In this action, EPA is approving rule which is located in the Rules Radiation. The Office of Management Louisiana’s redesignation request Section of this Federal Register. and Budget (OMB) has exempted this because it meets the maintenance plan regulatory action from Executive Order and redesignation requirements set forth List of Subjects in 40 CFR Parts 52 and 12866 review. in the CAA, and EPA is approving the 81 1990 base year emissions inventory. The Environmental protection, Air List of Subjects in 40 CFR Part 52 approved maintenance plan will pollution control, Area designations, Air pollution control, Incorporation become a federally enforceable part of Hydrocarbons, Incorporation by by reference, Intergovernmental the State Implementation Plan (SIP) for reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Louisiana. regulations, National Parks, Reporting Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51383 and recordkeeping, Ozone, Volatile fee may be charged for photocopying. list of acceptable alternatives for organic compounds, Wilderness areas. To expedite review, a second copy of specific uses. Dated: September 22, 1995. the comments should be sent to Sally Petition Process—Section 612(d) grants the right to any person to petition Allyn M. Davis, Rand, Stratospheric Protection Division, Office of Atmospheric Programs, U.S. EPA to add a substitute to or delete a Acting Regional Administrator (6RA). EPA, 401 M Street, S.W., 6205–J, substitute from the lists published in [FR Doc. 95–24355 Filed 9–29–95; 8:45 am] Washington, D.C. 20460. Information accordance with section 612(c). The BILLING CODE 6560±50±P designated as Confidential Business Agency has 90 days to grant or deny a Information (CBI) under 40 CFR, part 2 petition. Where the Agency grants the subpart B must be sent directly to the petition, EPA must publish the revised 40 CFR Part 82 contact person for this notice. However, lists within an additional six months. [FRL±5306±4] the Agency is requesting that all 90-day Notification—Section 612(e) respondents submit a non-confidential requires EPA to require any person who Protection of Stratospheric Ozone version of their comments to the docket produces a chemical substitute for a class I substance to notify the Agency AGENCY: as well. Environmental Protection not less than 90 days before new or Agency. FOR FURTHER INFORMATION CONTACT: existing chemicals are introduced into ACTION: Notice of proposed rulemaking. Sally Rand at (202) 233–9739 or fax interstate commerce for significant new (202) 233–9577, Substitutes Analysis SUMMARY: This action proposes uses as substitutes for a class I and Review Branch, Stratospheric substance. The producer must also restrictions or prohibitions on Protection Division, Office of substitutes for ozone depleting provide the Agency with the producer’s Atmospheric Programs, Office of Air unpublished health and safety studies substances (ODSs) under the U.S. and Radiation, Washington, D.C. 20460 Environmental Protection Agency (EPA) on such substitutes. Outreach—Section 612(b)(1) states Significant New Alternatives Policy SUPPLEMENTARY INFORMATION: that the Administrator shall seek to (SNAP) program. SNAP implements I. Overview of This Action maximize the use of federal research section 612 of the amended Clean Air facilities and resources to assist users of Act of 1990 which requires EPA to This action is divided into five class I and II substances in identifying evaluate and regulate substitutes for the sections, including this overview: and developing alternatives to the use of ODSs to reduce overall risk to human I. Overview of This Action such substances in key commercial health and the environment. Through II. Section 612 Program A. Statutory Requirements applications. these evaluations, SNAP generates lists Clearinghouse—Section 612(b)(4) of acceptable and unacceptable B. Regulatory History III. Proposed Listing of Substitutes requires the Agency to set up a public substitutes for each of the major clearinghouse of alternative chemicals, industrial use sectors. The intended IV. Administrative Requirements V. Additional Information product substitutes, and alternative effect of the SNAP program is to Appendix A: Summary of Proposed Listing manufacturing processes that are expedite movement away from ozone Decisions available for products and depleting compounds while avoiding a II. Section 612 Program manufacturing processes which use shift into high-risk substitutes posing class I and II substances. other environmental problems. A. Statutory Requirements On March 18, 1994, EPA promulgated B. Regulatory History a final rulemaking setting forth its plan Section 612 of the Clean Air Act On March 18, 1994, EPA published for administering the SNAP program (59 authorizes EPA to develop a program for the Final Rulemaking (FRM) (59 FR FR 13044), and issued decisions on the evaluating alternatives to ozone- 13044) which described the process for acceptability and unacceptability of a depleting substances. EPA is referring to administering the SNAP program and number substitutes. In this Notice of this program as the Significant New issued EPA’s first acceptability lists for Proposed Rulemaking (NPRM), EPA is Alternatives Policy (SNAP) program. substitutes in the major industrial use issuing its preliminary decisions on the The major provisions of section 612 are: sectors. These sectors include: acceptability of certain substitutes not Rulemaking—Section 612(c) requires refrigeration and air conditioning; foam previously reviewed by the Agency. To EPA to promulgate rules making it blowing; solvent cleaning; fire arrive at determinations on the unlawful to replace any class I suppression and explosion protection; acceptability of substitutes, the Agency (chlorofluorocarbon, halon, carbon sterilants; aerosols; adhesives, coatings completed a cross-media evaluation of tetrachloride, methyl chloroform, and inks; and tobacco expansion. These risks to human health and the methyl bromide, and sectors comprise the principal industrial environment by sector end-use. hydrobromofluorocarbon) or class II sectors that historically consume large DATES: Written comments or data (hydrochlorofluorocarbon) substance volumes of ozone-depleting compounds. provided in response to this document with any substitute that the The Agency defines a ‘‘substitute’’ as must be submitted by November 1, Administrator determines may present any chemical, product substitute, or 1995. adverse effects to human health or the alternative manufacturing process, ADDRESSES: Written comments and data environment where the Administrator whether existing or new, that could should be sent to Docket A–91–42, has identified an alternative that (1) replace a class I or class II substance. Central Docket Section, South reduces the overall risk to human health Anyone who produces a substitute must Conference Room 4, U.S. Environmental and the environment, and (2) is provide the Agency with health and Agency, 401 M Street, S.W., currently or potentially available. safety studies on the substitute at least Washington, D.C. 20460. The docket Listing of Unacceptable/Acceptable 90 days before introducing it into may be inspected between 8 a.m. and Substitutes—Section 612(c) also interstate commerce for significant new 4:00 p.m. on weekdays. Telephone (202) requires EPA to publish a list of the use as an alternative. This requirement 260–7549; fax (202) 260–4400. As substitutes unacceptable for specific applies to chemical manufacturers, but provided in 40 CFC part 2, a reasonable uses. EPA must publish a corresponding may include importers, formulators or 51384 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules end-users when they are responsible for In this Notice of Proposed transition to the use of substitutes introducing a substitute into commerce. Rulemaking (NPRM), EPA is issuing its strongly depends on the continued preliminary decision on the purity of the recycled CFC–12 supply. III. Proposed Listing of Substitutes acceptability of certain substitutes not In order to prevent cross-contamination To develop the lists of unacceptable previously reviewed by the Agency. As and preserve the purity of recycled and acceptable substitutes, EPA described in the final rule for the SNAP refrigerants, EPA is proposing several conducts screens of health and program (59 FR 13044), EPA believes conditions on the use of all motor environmental risks posed by various that notice-and-comment rulemaking is vehicle air conditioning refrigerants. For substitutes for ozone-depleting required to place any alternative on the the purposes of this rule, no distinction compounds in each use sector. The list of prohibited substitutes, to list a is made between ‘‘retrofit’’ and ‘‘drop- outcome of these risks screens can be substitute as acceptable only under in’’ refrigerants; retrofitting a car to use found in the public docket, as described certain use conditions or narrowed use a new refrigerant includes all above in the ADDRESSES portion of this limits, or to remove an alternative from procedures that result in the air notice. either the list of prohibited or conditioning system using a new Under section 612, the Agency has acceptable substitutes. refrigerant. Please note that EPA only considerable discretion in the risk EPA does not believe that rulemaking reviews refrigerants based on management decisions it can make in procedures are required to list environmental and health factors. SNAP. The Agency has identified five alternatives as acceptable with no In particular, when retrofitting a CFC– possible decision categories: acceptable, limitations. Such listings do not impose 12 system to use any substitute acceptable subject to use conditions; any sanction, nor do they remove any refrigerant, the following conditions acceptable subject to narrowed use prior license to use a substitute. must be met: limits; unacceptable; and pending. Consequently, EPA is adding substitutes • Each refrigerant may only be used Acceptable substitutes can be used for to the list of acceptable alternatives with a set of fittings that is unique to all applications within the relevant without first requesting comment on that refrigerant. These fittings (male or sector end-use. Conversely, it is illegal new listings. Updates to the acceptable female, as appropriate) must be used to replace an ODS with a substitute and pending lists are published as with all containers of the refrigerant, on listed by SNAP as unacceptable. A separate Notices of Acceptability in the can taps, on recovery, recycling, and pending listing represents substitutes Federal Register. charging equipment, and on all air Parts A. through C. below present a for which the Agency has not received conditioning system service ports. detailed discussion of the proposed complete data or has not completed its These fittings must be designed to substitute listing determinations by review of the data. mechanically prevent cross-charging major use sector. Tables summarizing with another refrigerant. A refrigerant After reviewing a substitute, the listing decisions in this Notice of may only be used with the fittings and Agency may make a determination that Proposed Rulemaking are in Appendix can taps specifically intended for that a substitute is acceptable only if certain A. The comments contained in refrigerant. Using an adapter or conditions of use are met to minimize Appendix A provide additional deliberately modifying a fitting to use a risks to human health and the information on a substitute. Since different refrigerant will be a violation environment. Use of such substitutes in comments are not part of the regulatory of this use condition. In addition, ways that are inconsistent with such use decision, they are not mandatory for use fittings shall meet the following criteria, conditions renders these substitutes of a substitute. Nor should the derived from Society of Automotive unacceptable. comments be considered comprehensive Engineers (SAE) standards and Even though the Agency can restrict with respect to other legal obligations recommended practices: the use of a substitute based on the pertaining to the use of the substitute. potential for adverse effects, it may be However, EPA encourages users of —When existing CFC–12 service ports necessary to permit a narrowed range of acceptable substitutes to apply all are to be retrofitted, conversion use within a sector end-use because of comments in their application of these assemblies shall attach to the CFC–12 the lack of alternatives for specialized substitutes. In many instances, the fitting with a thread lock adhesive applications. Users intending to adopt a comments simply allude to sound and/or a separate mechanical latching substitute acceptable with narrowed use operating practices that have already mechanism in a manner that limits must ascertain that other been identified in existing industry and/ permanently prevents the assembly acceptable alternatives are not or building-code standards. Thus, many from being removed. technically feasible. Companies must of the comments, if adopted, would not —All conversion assemblies and new document the results of their evaluation, require significant changes in existing service ports must satisfy the and retain the results on file for the operating practices for the affected vibration testing requirements of purpose of demonstrating compliance. industry. sections 3.2.1 or 3.2.2 of SAE J1660, This documentation shall include as applicable, excluding references to descriptions of substitutes examined A. Refrigeration and Air Conditioning SAE J639 and SAE J2064, which are and rejected, processes or products in 1. Acceptable Subject to Use Conditions specific to HFC–134a. which the substitute is needed, reason —In order to prevent discharge of for rejection of other alternatives, e.g., a. CFC–12 Automobile and Non- refrigerant to the atmosphere, systems performance, technical or safety automobile Motor Vehicle Air shall have a device to limit standards, and the anticipated date Conditioners, Retrofit and New compressor operation before the other substitutes will be available and EPA is concerned that the existence of pressure relief device will vent projected time for switching to other several substitutes in this end-use may refrigerant. This requirement is available substitutes. Use of such increase the likelihood of significant waived for systems that do not feature substitutes in application and end-uses refrigerant cross-contamination and such a pressure relief device. which are not specified as acceptable in potential failure of both air conditioning —All CFC–12 service ports shall be the narrowed use limit renders these systems and recovery/recycling retrofitted with conversion assemblies substitutes unacceptable. equipment. In addition, a smooth or shall be rendered permanently Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51385
incompatible for use with CFC–12 (a) HCFC Blend Delta benzotrifluorides. Companies intending related service equipment by fitting HCFC Blend Delta is proposed to use monochlorotoluene/ with a device attached with a thread acceptable as a substitute for CFC–12 in benzotrifluoride mixtures should take lock adhesive and/or a separate retrofitted and new motor vehicle air the inherent hazard of these chemicals mechanical latching mechanism in a conditioners, subject to the use into account in implementing manner that prevents the device from conditions applicable to motor vehicle applications. being removed. air conditioning described above. The These workplace standards are • When a retrofit is performed, a label composition of this blend has been designed to protect worker safety until must be used as follows: claimed confidential by the the Occupational Safety and Health Administration (OSHA) sets its own —The person conducting the retrofit manufacturer. This blend contains at standards under P.L. 91–596. The must apply a label to the air least one HCFC, and therefore existence of the EPA standards in no conditioning system in the engine contributes to ozone depletion, but to a way bars OSHA from standard-setting compartment that contains the much lesser degree than CFC–12. under OSHA authorities as defined in following information: Regulations regarding recycling and P.L. 91–596. * the name and address of the reclamation issued under section 609 of technician and the company the Clean Air Act apply to this blend. b. Electronics Cleaning Its production will be phased out performing the retrofit (1) Monochlorotoluenes/ according to the accelerated schedule *the date of the retrofit Benzotrifluorides *the trade name, charge amount, and, (published 12/10/93, 58 FR 65018). The Monochlorotoluenes/benzotrifluorides when applicable, the ASHRAE GWPs of the components are moderate are proposed acceptable subject to use refrigerant numerical designation of to low. This blend is nonflammable, and conditions as substitutes for CFC–113 the refrigerant leak testing has demonstrated that the and MCF in electronics cleaning. For the *the type, manufacturer, and amount blend never becomes flammable. reasons described in the section on of lubricant used (b) Blend Zeta metals cleaning, the Agency is *if the refrigerant is or contains an Blend Zeta is proposed acceptable as proposing to set a workplace standard of ozone-depleting substance, the a substitute for CFC–12 in retrofitted 50 ppm for monochlorotoluenes and 25 phrase ‘‘ozone depleter’’ and new motor vehicle air conditioners, ppm for benzotrifluorides. *if the refrigerant displays subject to the use conditions applicable These workplace standards are flammability limits as blended, to motor vehicle air conditioning designed to protect worker safety until measured according to ASTM E681, described above. The composition of the Occupational Safety and Health the statement ‘‘This refrigerant is this blend has been claimed confidential Administration (OSHA) sets its own FLAMMABLE. Take appropriate by the manufacturer. This blend does standards under P.L. 91–596. The precautions.’’ not contribute to ozone depletion. The existence of the EPA standards in no —This label must be large enough to be GWPs of the components are moderate way bars OSHA from standard-setting easily read and must be permanent. to low. This blend is nonflammable, and under OSHA authorities as defined in —The background color must be unique leak testing has demonstrated that the P.L. 91–596. to the refrigerant. blend never becomes flammable. —The label must be affixed to the c. Precision Cleaning system over information related to the B. Solvents (1) Monochlorotoluenes/ previous refrigerant, in a location not 1. Acceptable Subject to Use Conditions Benzotrifluorides normally replaced during vehicle a. Metals Cleaning Monochlorotoluenes/benzotrifluorides repair. are proposed acceptable subject to use (1) Monochlorotoluenes/ —Information on the previous conditions as substitutes for CFC–113 Benzotrifluorides refrigerant that cannot be covered by and MCF in precision cleaning. For the the new label must be permanently Monochlorotoluenes/benzotrifluorides reasons described in the section on rendered unreadable. are proposed acceptable subject to use metals cleaning, the Agency is • No substitute refrigerant may be conditions as substitutes for CFC–113 proposing to set a workplace standard of used to ‘‘top-off’’ a system that uses and MCF in metals cleaning. These two 50 ppm for monochlorotoluenes and 25 another refrigerant. The original classes of chemicals are being sold as ppm for benzotrifluorides. refrigerant must be recovered in blends for a variety of cleaning These workplace standards are accordance with regulations issued applications. Of all the structures of designed to protect worker safety until under section 609 of the CAA prior to commercial interest, the only chemical the Occupational Safety and Health charging with a substitute. with an Occupational Health and Safety Administration (OSHA) sets its own Since these use conditions necessitate Administration (OSHA) standard is standards under Pub. L. 91–596. The unique fittings and labels, it will be orthochlorotoluene, one of the existence of the EPA standards in no necessary for developers of automotive monochlorotoluenes. This substance has way bars OSHA from standard-setting refrigerants to consult with EPA about an OSHA Permissible Exposure Level under OSHA authorities as defined in the existence of other alternatives. Such (PEL) of 50 ppm. Using this standard as Pub. L. 91–596. discussions will lower the risk of a proxy, the Agency is proposing to set duplicating fittings already in use. a workplace standard of 50 ppm for C. Fire Suppression and Explosion No determination guarantees monochlorotoluenes as a group. None of Protection satisfactory performance from a the benzotrifluorides has a PEL. Based As was discussed in the March 18, refrigerant. Consult the original on a toxicological study recently 1994 SNAP rulemaking, EPA in some equipment manufacturer or service completed by the company interested in cases finds acceptable the use of an personnel for further information on commercialization of these chemicals, agent only under certain conditions. In using a refrigerant in a particular the Agency is proposing to set a implementing its use of conditions, the system. workplace standard of 25 ppm for Agency has sought to avoid overlap 51386 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules with other existing regulatory atmospheres, EPA intends to propose a EPA intends that all personnel be authorities. EPA believes that section ‘no effect level’ for inert gas systems at evacuated from an area prior to, or 612 clearly authorizes imposition of use 12% oxygen, and a ‘lowest effect level’ quickly after, discharge. An inert gas conditions to ensure safe use of at 10% oxygen. system may not be designed with the replacement agents. EPA’s mandate is to Thus, consistent with the intention of personnel remaining in the list agents that ‘‘reduce the overall risk Occupational Safety and Health area unless appropriate protection is to human health and the environment’’ Administration (OSHA) conditions used provided, such as self-contained for ‘‘specific uses.’’ In light of this by EPA for all total flooding agents, EPA breathing apparatus. authorization, EPA is only intending to proposes that an IG–55 system could be set conditions for the safe use of halon designed to an oxygen level of 10% if (2) IG–01 (Formerly [Inert Gas Blend] C) substitutes in the workplace until OSHA employees can egress the area within IG–01 is proposed acceptable as a incorporates specific language one minute, but may be designed only Halon 1301 substitute for total flooding addressing gaseous agents into OSHA to the 12% level if it takes longer than applications. IG–01 is comprised 100% regulation. Under OSHA Public Law one minute to egress the area. If the of argon, and as with IG–55, is designed 91–596, section 4(b)(1), OSHA is possibility exists for the oxygen to drop to lower the oxygen level in a protected precluded from regulating an area below 10%, employees must be area to a level that does not support currently being regulated by another evacuated prior to such oxygen combustion, while maintaining federal agency. EPA is specifically depletion. A design concentration of sufficient oxygen for life support. deferring to OSHA, and has no intention less than 10% oxygen may only be used As with IG–55, EPA proposes that an to assume responsibility for regulating in normally unoccupied areas, as long IG–01 system may be designed to an workplace safety especially with respect as any employee who could possibly be oxygen level of 10% if employees can to fire protection. EPA’s workplace use exposed can egress within 30 seconds. egress the area within one minute, but conditions will not bar OSHA from EPA stresses that, even though the may be designed only to the 12% level regulating under its Pub. L. 91–596 medical specialists concur that it is if it takes longer than one minute to authority. probably safe to expose the typical egress the area. If the possibility exists worker to 10% or 12% oxygen for up to for the oxygen to drop below 10%, 1. Proposed Acceptable Subject to Use five minutes, EPA does not encourage Conditions employees must be evacuated prior to any employee to intentionally remain in such oxygen depletion. A design a. Total Flooding Agents the area, even in the event of accidental concentration of less than 10% may discharge. In addition, the system must (1) IG–55 (Formerly [Inert Gas Blend] B) only be used in normally unoccupied include alarms and warning areas, as long as any employee who IG–55 is proposed acceptable as a mechanisms as specified by OSHA. could possibly be exposed can egress Halon 1301 substitute for total flooding The question has been raised within 30 seconds. applications. IG–55, which is comprised concerning the benefits or dangers of EPA stresses that, even though the of 50% nitrogen and 50% argon, is added carbon dioxide in other inert gas medical specialists concur that it is designed to lower the oxygen level in a systems. The added CO induces 2 probably safe to expose the typical protected area to a level that does not increased respiration after an exposure worker to 10% or 12% oxygen for up to support combustion, and, unlike pure of approximately 3 to 5 minutes, which five minutes, EPA does not encourage carbon dioxide systems, sufficient ensures adequate oxygen uptake by the any employee to intentionally remain in oxygen remains to maintain life support. brain. EPA’s review of IG–541 (59 FR the area, even in the event of accidental The toxicological issues of concern 13044, March 18, 1994) considered this discharge. In addition, the system must with inert gas systems differ from those parameter, and the Agency believed that include alarms and warning of halocarbon agents, in that the end- the CO offered an added margin of 2 mechanisms as specified by OSHA. point for hypoxic (low oxygen) safety. However, questions remain as to Please refer to the discussion of IG– atmospheres is asphyxiation while the the relative ‘risk balanced’ distinction end-point for halocarbons is between an inert gas system with, and 55 for a fuller description of inert gas systems. cardiosensitization leading to cardiac one without, added CO2. Fire scenarios arrhythmias. Thus, EPA requested the are unpredictable, and therefore the 2. Proposed Acceptable Subject to manufacturers of the newly proposed amount of combustion products are also Narrowed Use Limits inert gas systems to conduct a peer unpredictable. It is difficult to evaluate a. Streaming Agents review by a panel of medical specialists whether deeper breathing due to added to consider specific questions CO2 under different fire circumstances (1) CF3I is proposed acceptable as a concerning exposing the typical may also be bringing in more Halon 1211 substitute in nonresidential working population to this agent. A combustion products and thus applications. CF3I (Halon 13001) is a similar review was conducted at EPA’s constitute an increased risk. EPA fluoroiodocarbon with an atmospheric request by the manufacturer of IG–541, believes on the basis of the peer review lifetime of only 1.15 days due to its which simultaneously lowers oxygen that in the event of an accidental rapid photolysis in the presence of light. and raises CO2 levels. discharge where there is no fire, the Due to the short atmospheric lifetime of The results of the peer review and added CO2 in the mixture will serve as this chemical and the photolytic discussions with other medical a margin of safety for protected decomposition mechanism, the specialists further convinces us that the populations. EPA also recognizes the resulting GWP is essentially equivalent SNAP conditions previously listed for known physiological benefits of added to that of CO2, which is 1. The ODP IG–541 are appropriate for IG–55 and CO2 to prevent brain hypoxia in other when released at ground level is IG–01 as well. Specifically, while the applications. Therefore, EPA will be extremely low, with current terms No Observed Adverse Effect Level working with other regulatory agencies conservative estimates ranging from (NOAEL) and Lowest Observed Adverse and the technical community to further .008 to .01. Detailed kinetic data and Effect Level (LOAEL) refer to delineate appropriate use conditions for three dimensional modeling efforts are cardiotoxic effect levels which are not the use of the varying inert gas systems currently in progress, and are expected appropriate when discussing hypoxic in the fire protection sector. to reduce these values significantly. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51387
CF3I has a weight and volume the Occupational Safety and Health safety, or State, local, or tribal equivalence to Halon 1211 of 0.94 and Administration (OSHA) sets its own governments or communities; (2) create 0.97 respectively. While it is potentially standards under P.L. 91–596. The a serious inconsistency or otherwise a ‘drop-in’ replacement for Halon 1211, existence of the EPA standards in no interfere with an action taken or with some modifications in elastomers way bars OSHA from standard-setting planned by another agency; (3) or other system materials, there exists a under OSHA authorities as defined in materially alter the budgetary impact of question as to whether current technical P.L. 91–596. entitlement, grants, user fees, or loan standards allow the reuse of halon 1211 programs or the rights and obligations of E. Adhesives, Coatings and Inks canisters for other chemicals. Both the recipients thereof; or (4) raise novel National Fire Protection Association 1. Acceptable Subject to Use Conditions legal or policy issues arising out of legal mandates, the President’s priorities, or (NFPA) standard and UL listings should a. Monochlorotoluenes/ the principles set forth in the Executive be examined in this context. Benzotrifluorides Cardiosensitization data received by Order.’’ the Agency indicate that CF3I has a Monochlorotoluenes/benzotrifluorides Pursuant to the terms of Executive NOAEL of 0.2 per cent and a LOAEL of are proposed acceptable subject to use Order 12866, OMB notified EPA that it 0.4 per cent. Previous studies of conditions as substitutes for CFC–113 considers this a ‘‘significant regulatory exposure to streaming agents indicate and MCF in adhesives, coatings, and action’’ within the meaning of the that actual exposure to a trained inks. These two classes of chemicals are Executive Order and EPA submitted this firefighter in a well-ventilated area will being sold as blends for these action to OMB for review. Changes not exceed these values. However, the applications. Of all the substances of made in response to OMB suggestions or manufacturer is required to conduct commercial interest, the only chemical recommendations have been personal monitoring tests to verify with an Occupational Health and Safety documented in the public record. exposure levels in scenarios Administration (OSHA) standard is B. Unfunded Mandates Act representative of its potential market orthochlorotoluene, one of the Section 202 of the Unfunded prior to receiving a final SNAP monochlorotoluenes. This substance has Mandates Reform Act of 1995 requires acceptability listing. Because of the low an OSHA Permissible Exposure Level EPA to prepare a budgetary impact cardiosensitization values, EPA is (PEL) of 50 ppm. Using this standard as statement before promulgating a rule proposing to prohibit use of this agent a proxy, the Agency is proposing to set that includes a Federal mandate that in consumer residential applications a workplace standard of 50 ppm for may result in expenditure by state, where the possibility of incorrect use by monochlorotoluenes as a group. None of local, and tribal governments, in untrained users is high. the benzotrifluorides has a PEL. Based on a toxicological study recently aggregate, or by the private sector, of D. Aerosols completed by the company interested in $100 million or more in any one year. Section 203 requires the Agency to 1. Acceptable Subject to Use Conditions commercialization of these chemicals, the Agency is proposing to set a establish a plan for obtaining input from a. Solvents workplace standard of 25 ppm for and informing any small governments (1) Monochlorotoluenes/ benzotrifluorides. Companies intending that may be significantly or uniquely Benzotrifluorides to use monochlorotoluene/ affected by the rule. Section 205 benzotrifluoride mixtures should take requires that regulatory alternatives be Monochlorotoluenes/benzotrifluorides considered before promulgating a rule are proposed acceptable subject to use the inherent toxicity of these chemicals into account in implementing for which a budgetary impact statement conditions as substitutes for CFC–113 is prepared. The Agency must select the and MCF as aerosol solvents. These two applications. These workplace standards are least costly, most cost-effective, or least classes of chemicals are being sold as burdensome alternative that achieves blends for aerosol applications. Of all designed to protect worker safety until the Occupational Safety and Health the rule’s objectives, unless there is an the structures of commercial interest, explanation why this alternative is not the only chemical with an Occupational Administration (OSHA) sets its own standards under P.L. 91–596. The selected or this alternative is Health and Safety Administration inconsistent with law. (OSHA) standard is orthochlorotoluene, existence of the EPA standards in no way bars OSHA from standard-setting Because this final rule is estimated to one of the monochlorotoluenes. This result in the expenditure by State, local, substance has an OSHA Permissible under OSHA authorities as defined in P.L. 91–596. and tribal governments or the private Exposure Level (PEL) of 50 ppm. Using sector of less than $100 million in any this standard as a proxy, the Agency is IV. Administrative Requirements one year, the Agency has not prepared proposing to set a workplace standard of A. Executive Order 12866 a budgetary impact statement or 50 ppm for monochlorotoluenes as a specifically addressed the selection of group. None of the benzotrifluorides has Under Executive Order 12866, [58 FR the least costly, most cost-effective, or a PEL. Based on a toxicological study 51735, October 4, 1993] the Agency least burdensome alternative. Because recently completed by the company must determine whether the regulatory small governments will not be interested in commercialization of these action is ‘‘significant’’ and therefore significantly or uniquely affected by this chemicals, the Agency is proposing to subject to OMB review and the rule, the Agency is not required to set a workplace standard of 25 ppm for requirements of the Executive Order. develop a plan with regard to small benzotrifluorides. Companies intending The Order defines ‘‘significant governments. However, the rule has the to use monochlorotoluene/ regulatory action’’ as one that is likely net effect of reducing burden from part benzotrifluoride mixtures should take to result in a rule that may: (1) have an 82, Stratospheric Protection regulations, the inherent hazard of these chemicals annual effect on the economy of $100 on regulated entities. into account in implementing million or more or adversely affect in a applications. material way the economy, a sector of C. Regulatory Flexibility Act These workplace standards are the economy, productivity, competition, The Regulatory Flexibility Act, 5 designed to protect worker safety until jobs, the environment, public health or U.S.C. 604(a), applies to any rulemaking 51388 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules that is subject to public notice and Monday-Friday, between the hours of Authority: 42 U.S.C. Sec. 7414, 7601, comment requirements. The Act 10:00 a.m. and 4:00 p.m. (EST). 7671–7671q. requires that a regulatory flexibility For more information on the Agency’s 2. Section 82.180 is amended by analysis be performed or the head of the process for administering the SNAP revising paragraph (a)(8)(ii) to read as Agency certifies that a rule will not have program or criteria for evaluation of follows: a significant economic effect on a substitutes, refer to the SNAP final substantial number of small entities, rulemaking published in the Federal § 82.180 Agency review of snap pursuant to 5 U.S.C. 605(b). Register on March 18, 1994 (59 FR submissions. The Agency believes that this final 13044). Federal Register notices can be (a) * * * rule will not have a significant effect on ordered from the Government Printing (8) * * * a substantial number of small entities Office Order Desk (202) 783–3238; the (ii) Communication of Decision to the and has therefore concluded that a citation is the date of publication. Public. The Agency will publish in the Notices and rulemaking under the formal RFA is unnecessary. Because Federal Register on a quarterly basis a SNAP program can also be retrieved costs of the SNAP requirements as a complete list of the acceptable and electronically from EPA’s Protection of whole are expected to be minor, the rule unacceptable alternatives that have been Stratospheric Ozone Technology is unlikely to adversely affect reviewed to date. In the case of Transfer Network (TTN), Clean Air Act businesses, particularly as the rule substitutes proposed as acceptable with Amendment Bulletin Board. The access exempts small sectors and end-uses use restrictions, proposed as number for users with a 1200 or 2400 from reporting requirements and formal unacceptable or proposed for removal bps modem is (919) 541–5742. For users agency review. In fact, to the extent that from either list, a rulemaking process with a 9600 bps modem the access information gathering is more expensive will ensue. Upon completion of such number is (919) 541–1447. For and time-consuming for small rulemaking, EPA will publish revised assistance in accessing this service, call companies, this rule may well provide lists of substitutes acceptable subject to (919) 541–5384 during normal business benefits for small businesses anxious to use conditions or narrowed use limits hours (EST). examine potential substitutes to any and unacceptable substitutes to be ozone-depleting class I and class II List of Subjects in 40 CFR Part 82 incorporated into the Code of Federal substances they may be using, by Regulations. (See Appendices to this Environmental protection, subpart.) requiring manufacturers to make Administrative practice and procedure, * * * * * information on such substitutes Air pollution control, Reporting and available. recordkeeping requirements. 3. Subpart G is amended by adding the following Appendix C to read as D. Paperwork Reduction Act Dated: September 25, 1995. follows: The EPA has determined that this Carol M. Browner, Subpart GÐSignificant New final rule contains no information Administrator. Alternatives Policy Program requirements subject to the Paperwork For the reasons set out in the Reduction Act 44 S.S.C. 3501 et seq. preamble, 40 CFR part 82 is amended as * * * * * follows: V. Additional Information Appendix C to Subpart G— PART 82ÐPROTECTION OF Substitutes Subject to Use Restrictions For copies of the comprehensive STRATOSPHERIC OZONE and Unacceptable Substitutes Listed in SNAP lists or additional information on the [FR publication date of final rule] SNAP contact the Stratospheric 1. The authority citation for part 82 final rule, effective [30 days after FR Protection Hotline at 1–800–296–1996, continues to read as follows: publication date of rule].
REFRIGERANTSÐPROPOSED ACCEPTABLE SUBJECT TO USE CONDITIONS
Application Substitute Decision Comments
CFC±12 Automobile Motor Ve- HCFC Blend Proposed acceptable when EPA is concerned that the existence of several substitutes hicle Air Conditioning (Retrofit Delta, Blend (1) used with unique fittings in this end-use may increase the likelihood of significant and New Equipment/NIKS). Zeta. and detailed labels and (2) refrigerant cross-contamination and potential failure of all CFC±12 has been re- both air conditioning systems and recovery/recycling moved from the system equipment. In addition, a smooth transition to the use of prior to retrofitting. Refer to substitutes strongly depends on the continued purity of the text for a full description. the recycled CFC±12 supply. For the purposes of this rule, no distinction is made be- tween ``retrofit'' and ``drop-in'' refrigerants; retrofitting a car to use a new refrigerant includes all procedures that result in the air conditioning system using a new refrig- erant. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51389
SOLVENT CLEANING SECTORÐPROPOSED ACCEPTABLE SUBJECT TO USE CONDITIONS SUBSTITUTES
Application Substitute Decision Conditions Comments
Metals Cleaning with CFC± Monochlorot- Acceptable ...... Subject to a 50 ppm The workplace standard for monochlorotoluenes is 113, MCF and HCFC± oluenes workplace stand- based on an OSHA PEL of 50 ppm for 141b. and ard for orthochlorotoluene. The workplace standard for benzotriflu- monochlorotoluen- benzotrifluorides is based on a recent toxicology orides. es and a 25 ppm study. standard for benzotrifluorides. Electronics Cleaning w/ Monochlorot- Acceptable ...... Subject to a 50 ppm The workplace standard for monochlorotoluenes is CFC±113, MCF and oluenes workplace stand- based on an OSHA PEL of 50 ppm for HCFC±141b. and ard for orthochlorotoluene. The workplace standard for benzotriflu- monochlorotoluen- benzotrifluorides is based on a recent toxicology orides. es and a 25 ppm study. standard for benzotrifluorides. Precision Cleaning w/ Monochlorot- Acceptable ...... Subject to a 50 ppm The workplace standard for monochlorotoluenes is CFC±113, MCF and oluenes workplace stand- based on an OSHA PEL of 50 ppm for HCFC±141b. and ard for orthochlorotoluene. The workplace standard for benzotriflu- monochlorotoluen- benzotrifluorides is based on a recent toxicology orides. es and a 25 ppm study. standard for benzotrifluorides.
FIRE SUPPRESSION AND EXPLOSION PROTECTIONÐPROPOSED ACCEPTABLE SUBJECT TO USE CONDITIONS: TOTAL FLOODING AGENTS
Application Substitute Decision Conditions Comments
Halon 1301Ð IG±55 (for- Proposed Until OSHA establishes applicable workplace requirements: The Agency does not con- Total Flooding merly [Inert Acceptable. EPA proposes that an IG±55 system may be designed to template personnel remain- Agents. Gas Blend] an oxygen level of 10% if employees can egress the area ing in the space after sys- B). within one minute, but may be designed only to the 12% tem discharge during a fire oxygen level if it takes longer than one minute to egress without Self Contained the area. Breathing Apparatus If the possibility exists for the oxygen to drop below 10%, (SCBA) as required by employees must be evacuated prior to such oxygen de- OSHA. pletion. A design concentration of less than 10% may EPA does not encourage any only be used in normally unoccupied areas, as long as employee to intentionally any employee who could possibly be exposed can egress remain in the area after within 30 seconds. system discharge, even in the event of accidental dis- charge. In addition, the sys- tem must include alarms and warning mechanisms as specified by OSHA. See additional comments 1, 2. IG±01 (for- Proposed Until OSHA establishes applicable workplace requirements: The Agency does not con- merly [Inert Acceptable. EPA proposes that an IG±55 system may be designed to template personnel remain- Gas Blend] an oxygen level of 10% if employees can egress the area ing in the space after sys- C). within one minute, but may be designed only to the 12% tem discharge during a fire oxygen level if it takes longer than one minute to egress without Self Contained the area. Breathing Apparatus If the possibility exists for the oxygen to drop below 10%, (SCBA) as required by employees must be evacuated prior to such oxygen de- OSHA. pletion. EPA does not encourage any A design concentration of less than 10% may only be used employee to intentionally in normally unoccupied areas, as long as any employee remain in the area after who could possibly be exposed can egress within 30 sec- system discharge, even in onds. the event of accidental dis- charge. In addition, the sys- tem must include alarms and warning mechanisms as specified by OSHA. See additional comments 1, 2. 1ÐMust conform with OSHA 29 CFR 1910 Subpart L Section 1910.160 of the U.S. Code. 2ÐPer OSHA requirements, protective gear (SCBA) must be available in the event personnel must reenter the area. 51390 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
PROPOSED ACCEPTABLE SUBJECT TO NARROWED USE LIMITS: STREAMING AGENTS
Application Substitute Decision Comments
Halon 1211Ð CF3I ...... Proposed Acceptable in non-resi- The manufacturer intends to conduct personal monitoring tests to ver- Streaming dential uses only. ify exposure levels. Agents.
AEROSOLSÐPROPOSED ACCEPTABLE SUBJET TO USE CONDITIONS SUBSTITUTES
Application Substitute Decision Conditions Comments
CFC±113, MCF Monochloro- Acceptable Subject to a 50 ppm work- The workplace standard for monochlorotoluenes is based and HCFC± toluenes and place standard for on an OSHA PEL of 50 ppm for orthochlorotoluene. The 141b as sol- benzotri- monochlorotoluenes and a workplace standard for benzotrifluorides is based on a re- vent. fluorides. 25 ppm standard for cent toxicology study. benzotrifluorides.
ADHESIVES, COATINGS AND INKSÐPROPOSED ACCEPTABLE SUBJECT TO USE CONDITIONS SUBSTITUTES
Application Substitute Decision Conditions Comments
CFC±113, MCF and Monochlorotolu- Acceptable Subject to a 50 ppm workplace stand- The workplace standard for HCFC±141b. enes and ard for monochlorotoluenes and a monochlorotoluenes is based on an benzotrifluorides. 25 ppm standard for OSHA PEL of 50 ppm for benzotrifluorides. orthochlorotoluene. The workplace standard for benzotrifluorides is based on a recent toxicology study.
[FR Doc. 95–24271 Filed 9–29–95; 8:45 am] financed remedial action(s), if any, may IV. Unfunded Mandates BILLING CODE 6560±50±P be appropriate. V. Governors’ Concurrence This document also proposes to I. Introduction withdraw an earlier proposal to list the 40 CFR Part 300 Broward County, 21st Manor Dump Background Site, on the NPL. This proposed [FRL±5308±3] In 1980, Congress enacted the withdrawal is based on the results of a Comprehensive Environmental National Priorities List for Uncontrolled baseline risk assessment prepared for Response, Compensation, and Liability Hazardous Waste Sites, Proposed Rule the site. Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or No. 19 DATES: Comments must be submitted on ‘‘the Act’’), in response to the dangers of or before December 1, 1995. uncontrolled hazardous waste sites. AGENCY: Environmental Protection ADDRESSES: Mail original and three CERCLA was amended on October 17, Agency. copies of comments (no facsimiles or 1986, by the Superfund Amendments ACTION: Proposed rule. tapes) to Docket Coordinator, and Reauthorization Act (‘‘SARA’’), Headquarters; U.S. EPA; CERCLA Public Law No. 99–499, stat. 1613 et SUMMARY: The Comprehensive Docket Office; (Mail Code 5201G); 401 seq. To implement CERCLA, EPA Environmental Response, M Street, SW; Washington, DC 20460; promulgated the revised National Oil Compensation, and Liability Act of 1980 703/603–8917. Please note this is the and Hazardous Substances Pollution (‘‘CERCLA’’ or ‘‘the Act’’), as amended, mailing address only. If you wish to Contingency Plan (‘‘NCP’’), 40 CFR Part requires that the National Oil and visit the HQ Docket to view documents, 300, on July 16, 1982 (47 FR 31180), Hazardous Substances Pollution and for additional Docket addresses and pursuant to CERCLA section 105 and Contingency Plan (‘‘NCP’’) include a list further details on their contents, see Executive Order 12316 (46 FR 42237, of national priorities among the known Section I of the ‘‘Supplementary August 20, 1981). The NCP sets forth the releases or threatened releases of Information’’ portion of this preamble. guidelines and procedures needed to hazardous substances, pollutants, or respond under CERCLA to releases and contaminants throughout the United FOR FURTHER INFORMATION CONTACT: threatened releases of hazardous States. The National Priorities List Terry Keidan, Hazardous Site substances, pollutants, or contaminants. (‘‘NPL’’) which is Appendix B of 40 CFR Evaluation Division, Office of EPA has revised the NCP on several part 300, constitutes this list. Emergency and Remedial Response occasions. The most recent This rule proposes 12 new sites to the (Mail Code 5204G), U.S. Environmental comprehensive revision was on March General Superfund Section of the NPL. Protection Agency, 401 M Street, SW, 8, 1990 (55 FR 8666). The NPL is intended primarily to guide Washington, DC, 20460, or the Section 105(a)(8)(A) of CERCLA the Environmental Protection Agency Superfund Hotline, Phone (800) 424– requires that the NCP include ‘‘criteria (‘‘EPA’’ or ‘‘the Agency’’) in determining 9346 or (703) 412–9810 in the for determining priorities among which sites warrant further Washington, DC, metropolitan area. releases or threatened releases investigation to assess the nature and SUPPLEMENTARY INFORMATION: throughout the United States for the extent of public health and I. Introduction purpose of taking remedial action. . . environmental risks associated with the II. Contents of This Proposed Rule and, to the extent practicable taking into site and to determine what CERCLA- III. Executive Order 12866 account the potential urgency of such Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51391 action, for the purpose of taking removal Under a second mechanism for is merely to identify releases that are action.’’ ‘‘Removal’’ actions are defined adding sites to the NPL, each State may priorities for further evaluation. broadly and include a wide range of designate a single site as its top priority, Although a CERCLA ‘‘facility’’ is actions taken to study, clean up, prevent regardless of the HRS score. This broadly defined to include any area or otherwise address releases and mechanism, provided by the NCP at 40 where a hazardous substance release has threatened releases. 42 USC 9601(23). CFR 300.425(c)(2), requires that, to the ‘‘come to be located’’ (CERCLA section ‘‘Remedial actions’’ are those extent practicable, the NPL include 101(9)), the listing process itself is not ‘‘consistent with permanent remedy, within the 100 highest priorities, one intended to define or reflect the taken instead of or in addition to facility designated by each State boundaries of such facilities or releases. removal actions. * * *’’ 42 USC representing the greatest danger to Of course, HRS data upon which the 9601(24). public health, welfare, or the NPL placement was based will, to some Pursuant to section 105(a)(8)(B) of environment among known facilities in extent, describe which release is at CERCLA, as amended by SARA, EPA the State. issue. That is, the NPL site would has promulgated a list of national The third mechanism for listing, include all releases evaluated as part of priorities among the known or included in the NCP at 40 CFR that HRS analysis (including threatened releases of hazardous 300.425(c)(3), allows certain sites to be noncontiguous releases evaluated under substances, pollutants, or contaminants listed regardless of their HRS score, if the NPL aggregation policy, described at throughout the United States. That list, all of the following conditions are met: 48 FR 40663 (September 8, 1983)). which is Appendix B of 40 CFR Part • The Agency for Toxic Substances When a site is listed, it is necessary 300, is the National Priorities List and Disease Registry (ATSDR) of the to define the release (or releases) (‘‘NPL’’). U.S. Public Health Service has issued a encompassed within the listing. The CERCLA section 105(a)(8)(B) defines health advisory that recommends approach generally used is to delineate the NPL as a list of ‘‘releases’’ and as a dissociation of individuals from the a geographical area (usually the area list of the highest priority ‘‘facilities.’’ release. within the installation or plant CERCLA section 105(a)(8)(B) also • EPA determines that the release boundaries) and define the site by requires that the NPL be revised at least poses a significant threat to public reference to that area. As a legal matter, annually. A site may undergo remedial health. the site is not coextensive with that action financed by the Trust Fund • EPA anticipates that it will be more area, and the boundaries of the established under CERCLA (commonly cost-effective to use its remedial installation or plant are not the referred to as the ‘‘Superfund’’) only authority (available only at NPL sites) ‘‘boundaries’’ of the site. Rather, the site after it is placed on the NPL, as than to use its removal authority to consists of all contaminated areas provided in the NCP at 40 CFR respond to the release. within the area used to define the site, 300.425(b)(1). However, under 40 CFR EPA promulgated an original NPL of and any other location to which 300.425(b)(2) placing a site on the NPL 406 sites on September 8, 1983 (48 FR contamination from that area has come ‘‘does not imply that monies will be 40658). The NPL has been expanded to be located. expended.’’ EPA may pursue other since then, most recently on May 26, While geographic terms are often used appropriate authorities to remedy the 1995 (60 FR 27896). to designate the site (e.g., the ‘‘Jones Co. releases, including enforcement action The NPL includes two sections, one of plant site’’) in terms of the property under CERCLA and other laws. Further, sites that are evaluated and cleaned up owned by the particular party, the site the NPL is only of limited significance, by EPA (the ‘‘General Superfund properly understood is not limited to as it does not assign liability to any Section’’), and one of sites being that property (e.g., it may extend beyond party or to the owner of any specific addressed generally by other Federal the property due to contaminant property. See Report of the Senate agencies (the ‘‘Federal Facilities migration), and conversely may not Committee on Environment and Public Section’’). Under Executive Order 12580 occupy the full extent of the property Works, Senate Rep. No. 96–848, 96th (52 FR 2923, January 29, 1987) and (e.g., where there are uncontaminated Cong., 2d Sess. 60 (1980), quoted above CERCLA section 120, each Federal parts of the identified property, they and at 48 FR 40659 (September 8, 1983). agency is responsible for carrying out may not be, strictly speaking, part of the Three mechanisms for placing sites on most response actions at facilities under ‘‘site’’). The ‘‘site’’ is thus neither equal the NPL for possible remedial action are its own jurisdiction, custody, or control, to nor confined by the boundaries of any included in the NCP at 40 CFR although EPA is responsible for specific property that may give the site 300.425(c). Under 40 CFR 300.425(c)(1), preparing an HRS score and its name, and the name itself should not a site may be included on the NPL if it determining whether the facility is be read to imply that this site is scores sufficiently high on the Hazard placed on the NPL. EPA is not the lead coextensive with the entire area within Ranking System (‘‘HRS’’), which EPA agency at these sites, and its role at such the property boundary of the facility or promulgated as Appendix A of 40 CFR sites is accordingly less extensive than plant. The precise nature and extent of Part 300. On December 14, 1990 (55 FR at other sites. The Federal Facilities the site are typically not known at the 51532), EPA promulgated revisions to Section includes facilities at which EPA time of listing. Also, the site name is the HRS partly in response to CERCLA is not the lead agency. merely used to help identify the section 105(c), added by SARA. The geographic location of the revised HRS evaluates four pathways: Facility (Site) Boundaries contamination. For example, the ‘‘Jones ground water, surface water, soil The NPL does not describe releases in Co. plant site,’’ does not imply that the exposure, and air. The HRS serves as a precise geographical terms; it would be Jones company is responsible for the screening device to evaluate the relative neither feasible nor consistent with the contamination located on the plant site. potential of uncontrolled hazardous limited purpose of the NPL (as the mere EPA regulations provide that the substances to pose a threat to human identification of releases), for it to do so. ‘‘nature and extent of the threat health or the environment. As a matter CERCLA section 105(a)(8)(B) directs presented by a release’’ will be of Agency policy, those sites that score EPA to list national priorities among the determined by a Remedial Investigation/ 28.50 or greater on the HRS are eligible known ‘‘releases or threatened Feasibility Study (RI/FS) as more for the NPL. releases.’’ Thus, the purpose of the NPL information is developed on site 51392 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules contamination (40 CFR 300.430(d)). (2) EPA has determined that the Division 7–J, Metcalfe Federal During the RI/FS process, the release response action should be limited to Building, 77 West Jackson Boulevard, may be found to be larger or smaller measures that do not involve Chicago, IL 60604, 312/886–6214 than was originally thought, as more is construction (e.g., institutional Bart Canellas, Region 6, U.S. EPA, 1445 learned about the source and the controls); or Ross Avenue, Mail Code 6H-MA, migration of the contamination. (3) the site qualifies for deletion from Dallas, TX 75202–2733, 214/655–6740 However, this inquiry focuses on an the NPL. Carole Long, Region 7, U.S. EPA, 726 evaluation of the threat posed; the Inclusion of a site on the CCL has no Minnesota Avenue, Kansas City, KS boundaries of the release need not be legal significance. 66101, 913/551–7224 exactly defined. Moreover, it generally In addition to the 83 sites that have Greg Oberley, Region 8, U.S. EPA, 999 is impossible to discover the full extent been deleted from the NPL because they 18th Street, Suite 500, Denver, CO of where the contamination ‘‘has come have been cleaned up (the Waste 80202–2466, 303/294–7598 to be located’’ before all necessary Research and Reclamation site was Rachel Loftin, Region 9, U.S. EPA, 75 studies and remedial work are deleted based on deferral to another Hawthorne Street, San Francisco, CA completed at a site. Indeed, the program and is not considered cleaned 94105, 415/744–2347 boundaries of the contamination can be up), an additional 221 sites are also in David Bennett, Region 10, U.S. EPA, expected to change over time. Thus, in the NPL CCL. Thus, as of September 11th Floor, 1200 6th Avenue, Mail most cases, it may be impossible to 1995, the CCL consists of 304 sites. Stop HW–114, Seattle, WA 98101, describe the boundaries of a release Cleanups at sites on the NPL do not 206/553–2103 with absolute certainty. reflect the total picture of Superfund With the exception of LCP Chemicals Further, as noted above, NPL listing accomplishments. As of August 31, (Brunswick, Georgia), which is being does not assign liability to any party or 1995, EPA had commenced 679 removal proposed based on its designation as the to the owner of any specific property. actions at NPL sites, and 2,108 removal State’s top priority, and Aircraft Thus, if a party does not believe it is actions at non-NPL sites. Information on Components (D & L Sales, Benton liable for releases on discrete parcels of removals is available from the Harbor, Michigan), H & K Sales property, supporting information can be Superfund hotline. (Belding, Michigan), and Little Valley submitted to the Agency at any time (Little Valley, New York) which are Public Comment Period after a party receives notice it is a being proposed based on ATSDR health potentially responsible party. The documents that form the basis for advisory criteria, the Headquarters For these reasons, the NPL need not EPA’s evaluation and scoring of sites in docket for this rule contains HRS score be amended if further research into the this rule are contained in dockets sheets for each proposed site; a extent of the contamination expands the located both at EPA Headquarters and in Documentation Record for each site apparent boundaries of the release. the appropriate Regional offices. The describing the information used to Deletions/Cleanups dockets are available for viewing, by compute the score; information for any EPA may delete sites from the NPL appointment only, after the appearance site affected by particular statutory where no further response is of this rule. The hours of operation for requirements or EPA listing policies; appropriate under Superfund, as the Headquarters docket are from 9:00 and a list of documents referenced in explained in the NCP at 40 CFR a.m. to 4:00 p.m., Monday through the Documentation Record. The docket 300.425(e). This section also provides Friday excluding Federal holidays. also contains the documentation that EPA shall consult with states on Please contact individual Regional supporting the State’s designation of proposed deletions and shall consider dockets for hours. LCP Chemicals as a top priority and the whether the following criteria have been Docket Coordinator, Headquarters, U.S. ATSDR Health Advisories and met: EPA CERCLA Docket Office, (Mail nomination packages for the Aircraft (i) Responsible parties or other Code 5201G), Crystal Gateway #1, Components, H & K Sales and Little persons have implemented all 12th Floor, 1235 Jefferson Davis Valley sites. appropriate response actions required; Highway, Arlington, VA 22202, 703/ A general discussion of the statutory (ii) All appropriate Superfund- 603–8917 (Please note this is visiting requirements affecting NPL listing, the financed response has been address only. Mail comments to purpose and implementation of the implemented and no further response address listed in ADDRESSES section NPL, the economic impacts of NPL action is required; above.) listing, and the analysis required under (iii) The remedial investigation has Jim Kyed, Region 1, U.S. EPA Waste the Regulatory Flexibility Act is shown the release poses no significant Management Records Center, HRC– included as part of the Headquarters threat to public health or the CAN–7, J.F. Kennedy Federal rulemaking docket in the ‘‘Additional environment, and taking of remedial Building, Boston, MA 02203–2211, Information’’ document. measures is not appropriate. 617/573–9656 Each Regional docket for this rule To date, the Agency has deleted 84 sites Ben Conetta, Region 2, U.S. EPA, 290 contains all of the information in the from the final NPL. Broadway, New York, NY 10007– Headquarters docket for sites in that EPA also has developed an NPL 1866, 212/637–4435 Region, plus the actual reference construction completion list (‘‘CCL’’) to Diane McCreary, Region 3, U.S. EPA documents containing the data simplify its system of categorizing sites Library, 3rd Floor, 841 Chestnut principally relied upon and cited by and to better communicate the Building, 9th & Chestnut Streets, EPA in calculating or evaluating the successful completion of cleanup Philadelphia, PA 19107, 215/597– HRS scores for sites in that Region. activities (58 FR 12142, March 2, 1993). 7904 These reference documents are available Sites qualify for the CCL when: Kathy Piselli, Region 4, U.S. EPA, 345 only in the Regional dockets. Interested (1) any necessary physical Courtland Street, NE, Atlanta, GA parties may view documents, by construction is complete, whether or not 30365, 404/347–4216 appointment only, in the Headquarters final cleanup levels or other Cathy Freeman, Region 5, U.S. EPA, or the appropriate Regional docket or requirements have been achieved; Records Center, Waste Management copies may be requested from the Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51393
Headquarters or appropriate Regional is being proposed based on its The proposed withdrawal is site- docket. An informal written request, designation as the State’s top priority, specific, and represents the beginning of rather than a formal request under the and Aircraft Components (D & L Sales, an evolving effort to apply criteria Freedom of Information Act, should be Benton Harbor, Michigan), H & K Sales similar to the deletion criteria to sites the ordinary procedure for obtaining (Belding, Michigan), and Little Valley not yet finalized to the NPL where copies of any of these documents. (Little Valley, New York) which are appropriate. With the advent of the EPA considers all comments received being proposed based on ATSDR health Superfund Accelerated Cleanup Model during the comment period. During the advisory criteria. The sites in Table 1 (SACM) more sites have been comment period, comments are placed and Table 2 are listed alphabetically by undergoing earlier response actions. in the Headquarters docket and are State, for ease of identification, with Early action means that while in available to the public on an ‘‘as group number identified to provide an proposed status, a site might be received’’ basis. A complete set of indication of relative ranking. To characterized to the extent that EPA has comments will be available for viewing determine group number, sites on the sufficient data to issue a No Action in the Regional docket approximately NPL are placed in groups of 50; for Record of Decision. A risk assessment one week after the formal comment example, a site in Group 4 of this would generally be valid for this period closes. Comments received after proposal has a score that falls within the purpose if it is performed by the the comment period closes will be range of scores covered by the fourth Agency, or by a contractor under the available in the Headquarters docket group of 50 sites on the NPL. oversight and approval of EPA. and in the Regional docket on an ‘‘as This action along with a final rule In December 1993, EPA issued the received’’ basis. Comments that include published in the Federal Register issued ‘‘Baseline Risk Assessment for the 21st complex or voluminous reports, or of September 29, 1995, results in an Manor Dump Site Broward County, materials prepared for purposes other NPL of 1,238 sites, 1,083 in the General Florida.’’ The risk assessment was than HRS scoring, should point out the Superfund Section and 155 in the conducted in accordance with Subpart specific information that EPA should Federal Facilities Section. An additional E, Section 300.430(d) of the National consider and how it affects individual 52 sites are now proposed and are Contingency Plan (NCP) and HRS factor values. See Northside awaiting final agency action, 47 in the characterized the current and potential Sanitary Landfill v. Thomas, 849 F.2d General Superfund Section and 5 in the threat to public health and the 1516 (D.C. Cir. 1988). EPA will make Federal Facilities Section. Final and environment posed by chemicals at, or final listing decisions after considering proposed sites now total 1,290. migrating from, the 21st Manor Dump the relevant comments received during Site in the absence of remedial Proposal, Based on Risk Assessment, To the comment period. (corrective) action. The risk assessment Withdraw an Earlier Proposal To List In past rules, EPA has attempted to is available for viewing through the the Broward County, 21st Manor Dump respond to late comments, or when that Superfund Docket, (703) 603–8917. For Site on the NPL was not practicable, to read all late more detailed information on EPA’s comments and address those that Also in this rule, EPA is proposing to evaluation of the risk assessment, please brought to the Agency’s attention a withdraw its earlier proposal to list the refer to the Superfund NPL Withdrawal fundamental error in the scoring of a Broward County—21st Manor Dump Notification Report for the Broward site. (See, most recently, 57 FR 4824 site on the NPL. The site was proposed County site contained in the Superfund (February 7, 1992)). Although EPA for listing on July 29, 1991 (56 F.R. Docket. intends to pursue the same policy with 35840). The reason for the withdrawal The risk assessment considered sites in this rule, EPA can guarantee that of the Broward County site is the toxicity and exposure information for it will consider only those comments determination that the site as currently each chemical of concern and potential postmarked by the close of the formal defined does not pose a significant exposure pathway. The assessment comment period. EPA has a policy of threat to public health or the identified three areas of potential not delaying a final listing decision environment and, therefore, taking of concern: soils (surface and subsurface), solely to accommodate consideration of remedial measures under CERCLA is groundwater in the vicinity of the late comments. not appropriate. Broward site analyzed in temporary In certain instances, interested parties This decision is supported by the wells sunk by the investigator and used have written to EPA concerning sites baseline risk assessment conducted in for sampling, and drinking water in the which were not at that time proposed to conjunction with the RI/FS for the site nearby Peele-Dixie Wellfield. This the NPL. If those sites are later proposed and represents the beginnings of an drinking water area of concern was to the NPL, parties should review their effort to develop a new policy for sites analyzed by examining permanent earlier concerns and, if still appropriate, which have been proposed for NPL (long-term monitoring, residential or resubmit those concerns for listing. Under this policy, EPA would municipal) wells and surface water/ consideration during the formal use for sites proposed for NPL listing sediment from aeration ponds near a comment period. Site-specific one of the criteria similar to those for municipal well. correspondence received prior to the deleting sites from the NPL. These The risk assessment dismissed period of formal proposal and comment criteria, described above, are found at 40 concerns for groundwater in the vicinity will not generally be included in the CFR 300.425(e). One criterion is found of the site based on the fact that this docket. at 40 CFR 300.425(e)(1)(iii), which states shallow groundwater is not likely to be that a site may be deleted from the NPL tapped for potable use and any II. Contents of This Proposed Rule if ‘‘the remedial investigation has shown excavation at the site would use pumps Table 1 identifies the 12 sites in the that the release poses no significant to prevent exposure to workers at the General Superfund Section being threat to public health or the site. Moreover, organic chemicals of proposed to the NPL in this rule. This environment and, therefore, taking of concern were only found in one or two table follows this preamble. All sites are remedial measures is not appropriate.’’ of nine samples analyzed. Also, it was proposed based on HRS scores of 28.50 The proposed action to withdraw the not clear that any of the inorganic or above with the exception of LCP Broward site uses this approach for the chemicals were detected above naturally Chemicals (Brunswick, Georgia), which proposed site. occurring background levels. 51394 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
While not dismissing concerns for posed a similar risk to adults exposed 205 do not apply when they are chemicals in the drinking water caused via the same pathways. inconsistent with applicable law. by sources not listed as part of the site, The total hazard index values for both Moreover, section 205 allows EPA to EPA has determined that any risks from a young child resident and an adult adopt an alternative other than the least the drinking water would not be resident were less than one, indicating costly, most cost-effective or least associated with the releases from the that adverse noncarcinogenic effects are burdensome alternative if the site. This is because none of the volatile unlikely to occur. EPA also performed Administrator publishes with the final inorganic compounds found in the an ecological risk assessment. The rule an explanation why that alternative drinking water wellfield, with the Agency concluded that the urban setting was not adopted. Before EPA establishes exception of carbon disulfide, were of the site, combined with the any regulatory requirements that may detected at the 21st Manor site, either in distribution and concentration of the significantly or uniquely affect small the temporary wells or in subsurface chemicals of concern were not likely to governments, including tribal soils (which could affect groundwater). result in adverse environmental governments, it must have developed Carbon disulfide was detected at low impacts. under section 203 of the UMRA a small levels or levels below background. Also, The cancer risk numbers are at the government agency plan. The plan must no inorganic chemicals detected in lower end of the range of generally provide for notifying potentially dump site subsurface soils were acceptable exposure levels for affected small governments, giving them detected above naturally occurring carcinogens in the NCP. The Agency’s meaningful and timely input in the levels. decision is further supported by the fact development of EPA regulatory Consequently, only soil exposure at that the data supporting these cancer proposals with significant Federal the 21st Manor dump site was risk levels are obtained from the intergovernmental mandates, and quantitatively evaluated in the risk maximum exposure levels in informing, educating, and advising them assessment. This risk assessment circumstances where almost all other on compliance with the regulatory considered the maximally exposed analyzed samples found no detectable requirements. individual for each exposure pathway levels of the carcinogenic chemicals. Today’s rule contains no Federal addressed, by using the maximum Indeed, the cancer risk for this site from mandates (within the meaning of Title concentrations measured in exposure to soil could just as likely be II of the UMRA) for State, local, or tribal environmental media at the site as the zero. governments or the private sector. Nor exposure point concentrations, along The Agency intentionally performed does it contain any regulatory with reasonable maximum exposure the risk assessment for the 21st Manor requirements that might significantly or (RME) case exposure assumptions. Dump Site employing unusually uniquely affect small governments. This Thus, the greatest single chemical risk conservative values (e.g., EPA used is because today’s listing decision does in the cancer risk assessment—that for maximum measured soil not impose any enforceable duties upon benzo(a)pyrene—was based on a single concentrations). Moreover, the only any of these governmental entities or the surface soil measurement of 130 parts exposure pathway that presented a risk private sector. Inclusion of a site on the per billion (ppb) out of sixteen samples greater than 10¥6 assumed that a NPL does not itself impose any costs. It and a single subsurface soil residence would be built directly on the does not establish that EPA necessarily measurement of 720 ppb out of 31 dump area, which is unrealistic. will undertake remedial action, nor does samples. (All other samples found no it require any action by a private party III. Executive Order 12866 detectable levels of the chemical.) Each or determine its liability for site of these levels are within, or lower than, The Office of Management and Budget response costs. Costs that arise out of natural background measurements of (OMB) has exempted this regulatory site responses result from site-by-site the chemical reported in various action from Executive Order 12866 decisions about what actions to take, not literature sources. Contributions of all review. directly from the act of listing itself. other chemicals to the cancer risk IV. Unfunded Mandates Therefore, today’s rulemaking is not assessment were considerably lower, subject to the requirements of sections even for the most exposed individual, Title II of the Unfunded Mandates 202, 203 or 205 of the Unfunded and risk calculations are in most cases Reform Act of 1995 (UMRA), P.L. 104– Mandates Act. based on one or two samples that 4, establishes requirements for Federal V. Governor’s Concurrence detected any levels when all others agencies to assess the effects of their resulted in no detectable levels. regulatory actions on State, local, and On July 27, 1995, Congress enacted Even with these extremely tribal governments and the private Public Law (P.L.) 104–19, which made conservative assumptions as to the sector. Under section 202 of the UMRA, emergency supplemental appropriations levels of toxic chemicals at the site, the EPA generally must prepare a written and rescissions for the fiscal year ending risk assessment concluded that there statement, including a cost-benefit September 30, 1995. Section 1006 of were no significant current risks from analysis, for proposed and final rules P.L. 104–19 provides that EPA may not site releases. Only potential exposure with ‘‘Federal mandates’’ that may use funds made available for fiscal year pathways assuming future residential result in expenditures to State, local, 1995 land use had excess lifetime cancer risks and tribal governments, in the aggregate, for listing or to list any additional facilities greater than 10¥6, that is 1 in 1,000,000. or to the private sector, of $100 million on the National Priorities List . . . unless the The cumulative upper bound excess or more in any one year. When a written Administrator receives a written request to lifetime cancer risk to a young child statement is needed for an EPA rule, propose for listing or to list a facility from the resident was estimated to be 2×10¥6. section 205 of the UMRA generally Governor of the State in which the facility is The risk was based on incidental requires EPA to identify and consider a located. . . . ingestion and dermal contact with soil reasonable number of regulatory EPA has received letters from the contaminated with benzo(a)pyrene, the alternatives and adopt the least costly, appropriate governors requesting that main chemical of concern at the level most cost-effective or least burdensome the Agency propose for listing on the measured in one sample, when all alternative that achieves the objectives NPL all the facilities in this final rule. others were not even detected. The site of the rule. The provisions of section These letters are available in the docket Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51395 for this rulemaking. The letter from the this constitutes agreement with the accordance with the provisions of P.L. Governor of Michigan states that he Agency’s decision to propose the listing 104–19. ‘‘does not object’’ to the listing of the and, thus, is a sufficient indication of sites located in Michigan. EPA believes the governor’s concurrence in
NATIONAL PRIORITIES LIST PROPOSED RULE #19 GENERAL SUPERFUND SECTION
State Site name City/county NPL Gr1
GA ...... LCP Chemicals Georgia ...... Brunswick ...... N/A IL ...... Jennison-Wright Corporation ...... Granite City ...... 13 KS ...... Wright Ground Water Contamination ...... Wright ...... 5/6 ME ...... Eastern Surplus ...... Meddybemps ...... 5/6 MI ...... Aircraft Components (D & L Sales) ...... Benton Harbor ...... N/A MI ...... H & K Sales ...... Belding ...... N/A NJ ...... Franklin Burn ...... Franklin Township ...... 13 NJ ...... Welsback & General Gas Mantle (Camden Radiation) ...... Camden and Gloucester City ...... 12 NY ...... Little Valley ...... Little Valley ...... N/A PA ...... Breslube-Penn, Inc ...... Coraopolis ...... 5/6 WV ...... Hanlin-Allied-Olin ...... Moundsville ...... 5/6 WI ...... Penta Wood Products ...... Daniels ...... 5/6 Number of Sites Proposed to General Superfund: 12 1 Sites are placed in groups (Gr) corresponding to groups of 50 on the final NPL.
List of Subjects in 40 CFR Part 300 and the State have determined that IV. Basis for Intended Site Deletion V. Summary of Community Relations Air pollution control, Chemicals, remedial activities conducted at the Site are protective of public health, welfare, Activities Environmental Protection, Hazardous VI. Site Summary materials, Intergovernmental relations, and the environment. Natural resources, Oil pollution, DATES: Comments concerning the I. Introduction propose deletion of the Arsenic Trioxide Reporting and recordkeeping The Environmental Protection Agency Site may be submitted to EPA by requirements, Superfund, Waste (EPA), Region VIII announces its intent November 1, 1995. treatment and disposal, Water pollution to delete the Arsenic Trioxide Site (Site) control, Water supply. ADDRESSES: Comments may be mailed located in Southeastern, North Dakota, Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. to: Mr. Barry Levene (8HWM–SR), U.S. from the National Priorities List (NPL) 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, Environmental Protection Agency, and requests comments on this deletion. 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, Region VIII, 999 18th Street, Suite 500, The NPL constitutes Appendix B of the 3 CFR, 1987 Comp., p. 193. Denver, Colorado 80202–2466. National Oil and Hazardous Substances Dated: September 25, 1995. Comprehensive information on this Pollution Contingency Plan (NCP), Title Elliott P. Laws, Site is available through the EPA, 40 of the Code of Federal Regulations Assistant Administrator, Office of Solid Waste Region VIII public docker, which is (40 CFR), as amended. EPA identifies and Emergency Response. located at EPA’s Region VIII sites that appear to present a significant [FR Doc. 95–24414 Filed 9–29–95; 8:45 am] Administrative Records Center and is risk to public health, welfare, or the available for viewing from 8 a.m. to 4:30 BILLING CODE 6560±50±P environment maintains the NPL as a list p.m., Monday through Friday, excluding of those sites. Sites on the NPL may be holidays. Requests for documents the subject of remedial actions financed 40 CFR Part 300 should be directed to the EPA, Region by the Hazardous Substance Superfund VIII Records Center. Response Trust Fund (Fund). Pursuant [FRL±5309±1] The address for the Regional Records to § 300.425(e)(3) of the NCP, any site Center is: Administrative Records National Oil and Hazardous deleted from the NPL remains eligible Center, U.S. Environmental Protection Substances Pollution Contingency for Fund-financed remedial actions in Agency, Region VIII, 999 18th Street, Plan; National Priorities List the unlikely event that future conditions 5th Floor, Denver, Colorado 80202– at the site warrant such action. AGENCY: Environmental Protection 2466, (303) 293–1807. Agency. Background information from the It is EPA’s intent to delete the Arsenic Trioxide Site the NPL. EPA will accept ACTION: Notice of intent to delete the Regional public docket is also available for viewing at the Arsenic Trioxide site comments on this proposed deletion for Arsenic Trioxide Site from the National thirty days following publication of this Priorities List: Request for comments. information repositories located at the: North Dakota Department of Health, notice in the Federal Register. SUMMARY: The Environmental Protection Missouri Office Building (Room 203), Section II of this notice explains the Agency (EPA), Region VIII announces 1200 Missouri Avenue, Bismarck, North criteria for deleting sites from the NPL. its intent to delete the Arsenic Trioxide Dakota 58504. Section III discusses procedures that Site (Site) from the National Priorities Hours: 8 a.m. to 5 p.m., Monday EPA is using for this action. Section IV List (NPL) and requests public comment through Friday. discusses how the Arsenic Trioxide site on this action. EPA and the State of meets the deletion criteria. North Dakota (State) have determined SUPPLEMENTARY INFORMATION: Deletion of sites from the NPL does that all appropriate response actions Table of Contents not itself create, alter, or revoke any have been implemented at the Site and I. Introduction individual’s rights or obligations with that no further cleanup by responsible II. NPL Deletion Criteria regard to an individual site. The NPL is parties is appropriate. Moreover, EPA III. Deletion Procedures designed primarily for informational 51396 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules purposes and to assist EPA has been published in local newspapers a Superfund Site. Final listing of the management. and has been distributed to appropriate Site on the NPL occurred on September Federal, State and local officials, and 8, 1993. II. NPL Deletion Criteria other interested parties. The State and EPA concluded in a The NCP establishes the criteria that 4. The Region has made all relevant final Remedial Investigation (RI) Report EPA uses to delete sites from the NPL. documents available in the Regional dated December 1985, that the elevated In accordance with 40 CFR 300.425(e), Office and local site information levels of arsenic in ground water sites may be deleted from the NPL repositories. resulted both from use of arsenic-based where no further response is The comments received during the grasshopper bait and naturally occurring appropriate. In making this notice and comment period will be sources. It was estimated that 330,000 determination, EPA will consider evaluated before making a final decision pounds of arsenic trioxide bait may whether any of the following criteria to delete. The Region will prepare a have been applied to the entire study have been met: Responsiveness Summary, which will area. Samples taken along a confirmed (i) EPA, in consultation with the address the comments received during area of bait spreading indicated no State, has determined that responsible the public comment period. evidence of remnant arsenic within the or other parties have implemented all Subsequent to the public comment soils. The arsenic contamination in the appropriate response actions required; period, a deletion will occur after EPA ground water appears to be limited to or publishes a Notice of Deletion in the the seven major unconfined glacial drift (ii) All appropriate Fund-financed Federal Register. The NPL will reflect aquifers. The Feasibility Study (FS) was responses under CERCLA have been any deletions in the next final update. completed in September 1986. implemented and EPA, in consultation Public notices and copies of the During this same time, Lidgerwood with the State, has determined that no Responsiveness Summary will be made was ordered to take appropriate further cleanup by responsible parties is available to local residents by Region measures to provide drinking water that appropriate; or VIII. met the MCL for arsenic. Lidgerwood (iii) Based on a remedial IV. Basis for Intended Site Deletion built a new water treatment plant, investigation, EPA, in consultation with overseen by the State under the SDWA, the State, has determined that the The following summary provides which was completed in 1986. release poses no significant threat to EPA’s rationale for recommending EPA issued a Record of Decision public health or the environment and, deletion of the Arsenic Trioxide (ROD) on September 25, 1986. The therefore, taking of remedial measures is Superfund Site. purpose of the remedy was to reduce not appropriate. The Arsenic Trioxide Superfund Site human exposure to arsenic- For all Remedial Actions (RA) which is composed of 20 townships in the contaminated ground water by result in hazardous substances, three counties of Richland, Ransom and providing treated water to households pollutants, or contaminants remaining Sargent, located in the southeastern with elevated arsenic levels within the at the site above levels that allow for corner of North Dakota and Site through rural water distribution unlimited use and unrestricted encompassing about 568 square miles. systems. The selected remedy was to exposure, it is EPA’s policy that a This area consists primarily of sparsely provide arsenic removal to below the review of such action be conducted no populated farmland and includes the MCL for arsenic, pursuant to the SDWA. less than every five years after initiation small cities of Lidgerwood The remedy included: of the selected RA. As stated under (Lidgerwood), Milnor (Milnor), and (1) Expansion of the existing Richland ‘‘Basis for Intended Deletion,’’ the Wyndmere (Wyndmere). Approximately Rural Water Treatment Plant located in selected remedy for the Arsenic 4,500 people live in the entire study Mantador, North Dakota and its Trioxide Site provides arsenic removal area with approximately 970 in associated distribution capacity to from groundwater in compliance with Lidgerwood, 650 in Milnor, and 550 in provide drinking water to rural the Safe Drinking Water Act. Wyndmere. Ground water systems households; Institutional Controls are required to include the deeper Dakota Sandstone (2) ‘‘No Action’’ for Lidgerwood, ensure that the groundwater remedy Aquifer (200 to 1,000 feet below land which had constructed and was about to remains protective. In accordance with surface), and the more shallow glacial commence using a new water treatment 40 CFR 300.430 (f)(4)(ii), a five-year drift aquifers (3 to 156 feet below land plant built specifically to address review is, therefore, required for this surface). arsenic contamination; and Site. A five-year review is scheduled for Arsenic-laced bait was used (3) ‘‘No Action’’ for Wyndmere, this site on September 1, 1998. extensively throughout North Dakota to whose water treatment plant was combat grasshopper infestations in the producing water within the SDWA III. Deletion Procedures 1930s and early 1940s. During routine limits for arsenic. EPA, Region VIII will accept and water-quality monitoring of municipal Institutional controls were also to be evaluate public comments before supplies in 1979, the State detected investigated further, including making a final decision to delete the elevated levels of arsenic in restrictions on existing well use, Arsenic Trioxide Site. The following Lidgerwood. These levels exceeded the restrictions on well drilling, a well- procedures were used for the intended Maximum Contaminant Level (MCL) of permitting system, and economic deletion of this Site: 0.05 milligram/liter (mg/1), designated incentives for participation in the new 1. EPA, Region VIII has recommended by EPA pursuant to the Safe Drinking distribution system and non-use of well deletion of the Arsenic Trioxide Site Water Act (SDWA), and were water. and has prepared the relevant determined to be a health risk by the Several developments occurred after documents. State and EPA. Additional monitoring the ROD was signed. Lidgerwood 2. The State of North Dakota has detected more widespread occurrence of requested that the construction of its concurred with EPA’s recommendation arsenic within ground water below water treatment plant and the for deletion. surrounding rural areas. In October replacement of its distribution system 3. Concurrent with this National 1981, the Site was proposed for listing be considered as part of the overall RA Notice of Intent to Delete, a local notice on the National Priorities List (NPL) as for the Site under section 104 of the Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51397
Comprehensive, Environmental The major components of the for completion of the remaining tasks Response, Compensation, and Liability resultant sitewide remedy included: necessary to complete RA. The Report Act (CERCLA) and, therefore, associated (1) Expansion of the existing Richland certified that the RA activities were costs be considered reimbursable. In Rural Water Treatment Plan located in performed according to design and addition, the Lidgerwood plant did not Mantador, North Dakota and its specification requirements set forth in work properly after the first six months associated distribution capacity to the approved RD as required by the of operation in the late summer of 1986. provide safe drinking water to ROD. A Preliminary Close Out Report Wyndmere also requested that households within the City of Milnor documenting completion of expansion of its water treatment plant’s and rural areas within the Site; construction for the entire Site, based capacity to cover periods of high (2) Expansion and modification of the upon completion of OU I as the final demand, during which it must bypass existing Lidgerwood Water Treatment construction phase, was issued by EPA its plant with untreated water high in Plant to increase treatment capability on September 30, 1992. arsenic, be considered as part of the and storage capacity and, thereby, The primary punchlist items to be overall RA for the Site. provide safe drinking water to completed included final testing of the In April 1987, a Cooperative households within the City of Milnor distribution system and Agreement (CA) was awarded to the Lidgerwood; and restoration of streets affected during State to study the Lidgerwood and (3) Expansion and modification of the construction. These tasks, including the Wyndmere plants, with the objective of existing Wyndmere Water Treatment drilling of a fourth water well, were determining the extent of repairs Plant to increase treatment capability completed by June 18, 1993. A walk- necessary to correct problems at the and storage capacity and, thereby, through inspection of both phases of Lidgerwood plant and of verifying the provide safe drinking water to OUI, which confirmed these findings, households within the City of Wyndmere plant’s capacity problem. was conducted by EPA, the State, and Wyndmere. Subsequently, a supplemental RA to the Milnor immediately following the final In March 1987, a CA was awarded to inspection conference on June 28, 1993. 1986 ROD was approved on February 5, the State to develop RD for the 1988, for: At the State’s request, EPA assumed expansion of the Richland Rural Water the lead for RA undertaken for (1) Reimbursement from the Treatment Plant and distribution Lidgerwood. EPA signed an IAG with Superfund to Lidgerwood for allowable system. A subsequent CA to conduct RA the Bureau of Reclamation for costs associated with construction of its was awarded to the State in August construction of Lidgerwood water treatment plant; 1989. In July 1990, construction at the modifications in March 1989. Actual (2) Modification of the Lidgerwood Richland Rural Water Treatment Plant construction for the Lidgerwood plant water treatment plant; and commenced upon award by the State of began August 16, 1989, and was (3) Expansion of the Wyndmere Water RA contracts to three contractors. This essentially completed by January 30, Treatment Plant to increase storage construction included some 300 miles 1990. A one-year facility shakedown capacity. Expansion consisted of a of water distribution pipeline, the and evaluation of the modifications was 50,000-gallon, potable water storage construction of seven additional water completed on January 31, 1991. reservoir and related minor adjustments storage reservoirs, the drilling and In June 1988, EPA awarded a CA to and modifications to the existing plant. completion of three additional water the State to develop RD for the EPA designated the Richland Rural supply wells, and the approximate Wyndmere plant. Subsequently, the Water Treatment System as Operable doubling of the existing water treatment State awarded the initial contract for Unit I (OUI), and Lidgerwood and system. construction of the Wyndmere Wyndmere as OUII. A pre-final conference and inspection modifications to a local contractor in Between September 1986 and was conducted by EPA and the State on March 1989. Actual construction for the February 1990, additional water-quality September 25, 1991; the Operational Wyndmere plant began August 3, 1989, monitoring identified arsenic- and Functional (O & F) period would and construction activities were contaminated ground water in have been formally completed in essentially completed by mid-January of proximity to Milnor. Milnor is located September 1992, but was delayed due to 1990. However, minor operating within the areal boundaries of the Site incorporation of Milnor in OUI. problems developed and additional and a portion of the city residents The CA for RA was amended in modifications to the plant were obtained their daily drinking water September 1991, to incorporate Milnor necessary. Among other modifications, a needs from a shallow ground water within the Richland Rural Water separate post-chlorination system was source containing elevated Treatment Plant expansion. Activities to installed. An additional testing period concentrations of arsenic. add Milnor to the Richland Rural Water from May through September 1990, was The Bureau of Reclamation, through Treatment System began in September conducted, and the one-year O & F an Interagency Agreement (IAG) with 1991. During the summer of 1992, a period was completed in January 1991. EPA and the State, recommended that 135,000 gallon potable-water reservoir, a Final inspections of both the the Richland Rural Water Treatment water distribution system with Wyndmere and Lidgerwood plants were Plan distribution be expanded to approximately 300 service connections conducted on January 16, 1991, by EPA, incorporate Milnor. This action would and associated pipelines, and the State, and the cities of Wyndmere limit the potential exposure to arsenic- connection to the Richland Rural Water and Lidgerwood, respectively. It was contaminated drinking water supplies of Treatment Plant and distribution system determined that modification of the residents within the Milnor city limits. was constructed. EPA and the State, in plants was 100 percent complete and EPA approved Milnor’s addition to the conjunction with Milnor, conducted a the plants were operating as required. remedy for OUI. This is designated as pre-final conference and inspection on Remedial Action Reports for the phase 2 of OUI. An Explanation of August 28, 1992. A pre-final inspection Wyndmere plant and for the Significant Differences (ESD) dated report (Report) was prepared which Lidgerwood plant, as approved by EPA September 25, 1992, explains the summarized the completed RA activities in March 1991, certify that the plants decision to add Milnor as a second for OUI, including Milnor, and have achieved the ROD objective of phase of RA for OUI. presented a description and schedule reducing human exposure to arsenic- 51398 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules contaminated ground water and that the DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: plants are in compliance with the Robert P. Smith, Pacific Islands SDWA MCL for arsenic. Fish and Wildlife Service Ecoregion Manager (see ADDRESSES section) (telephone: 808/541–2749; V. Summary of Community Relations 50 CFR Part 17 facsimile 808/541–2756). Activities The State and EPA initiated RIN 1018±AD50 SUPPLEMENTARY INFORMATION: community relations activities in March Endangered and Threatened Wildlife Background 1992 by conducting a public meeting to and Plants; Proposed Endangered Chamaesyce herbstii, Chamaesyce discuss sampling results of the Status for Twenty-five Plant Species rockii, Cyanea acuminata, Cyanea Lidgerwood municipal water supply From the Island of Oahu, Hawaii humboldtiana, Cyanea koolauensis, and private wells within the study area. Cyanea longiflora, Cyanea st.-johnii, While not a large meeting, the State has AGENCY: Fish and Wildlife Service, Cyrtandra dentata, Cyrtandra maintained an on-going effort to meet Interior. subumbellata, Cyrtandra viridiflora, the continued interest expressed by area ACTION: Proposed rule. Delissea subcordata, Eragrostis residents. Community relations fosbergii, Gardenia mannii, Labordia SUMMARY: The U.S. Fish and Wildlife activities included public meetings; cyrtandrae, Lepidium arbuscula, Lobelia Service (Service) proposes endangered routine publication of progress fact gaudichaudii ssp. koolauensis, Lobelia status pursuant to the Endangered sheets; development and distribution of monostachya, Melicope saint-johnii, Species Act of 1973, as amended (Act), a pamphlet entitled, ‘‘Things You Myrsine juddii, Phyllostegia hirsuta, for 25 plant taxa—Chamaesyce herbstii Should Know About the Arsenic Phyllostegia kaalaensis, Pritchardia (’akoko), Chamaesyce rockii (’akoko), Sampling of Water Supplies in the kaalae, Schiedea kealiae, Cyanea acuminata (haha), Cyanea Richland, Wyndmere, Lidgerwood Area Trematolobelia singularis, and Viola humboldtiana (haha), Cyanea (An Informal Discussion);’’ and a tour of oahuensis are endemic to the island of koolauensis (haha), Cyanea longiflora the Rural Water Treatment Plant (OUI) Oahu, Hawaiian Islands. upon the completion of construction (haha), Cyanea st.-johnii (haha), The island of Oahu is formed from the activities. A short video titled, ‘‘A Taste Cyrtandra dentata (ha’iwale), Cyrtandra remnants of two large shield volcanoes, of Water’’ chronicles the history of the subumbellata (ha’iwale), Cyrtandra the younger Koolau volcano on the east Site and is being publicly distributed. viridiflora (ha’iwale), Delissea and the older Waianae volcano to the subcordata (’oha), Eragrostis fosbergii VI. Site Summary west (Department of Geography 1983). (No common name (NCN)), Gardenia Their original shield volcano shape has Based upon validation sampling and mannii (nanu), Labordia cyrtandrae been lost as a result of extensive analyses of the data gathered from the (kamakahala), Lepidium arbuscula erosion, and today these volcanoes are individual water quality monitoring (’anaunau), Lobelia gaudichaudii ssp. called mountains or ranges, and consist programs, it has been determined that koolauensis (NCN), Lobelia of long, narrow ridges. The Koolau the RAs for both Operable Units of the monostachya (NCN), Melicope saint- Mountains were built by eruptions that Arsenic Trioxide Site have achieved the johnii (alani), Myrsine juddii (kolea), took place primarily along a northwest- ROD objective of reducing human Phyllostegia hirsuta (NCN), Phyllostegia trending rift zone (Macdonald et al. exposure to arsenic-contaminated kaalaensis (NCN), Pritchardia kaalae 1983) and formed a range now ground water and that the water (loulu), Schiedea kealiae (NCN), approximately 60 kilometers (km) (37 treatment plants are in compliance with Trematolobelia singularis (NCN), and miles (mi)) long (Foote et al. 1972). the MCL for arsenic, pursuant to the Viola oahuensis (NCN). All 25 taxa are Median annual rainfall for the Koolau SDWA. These analyses are included as endemic to the island of Oahu, Mountains varies from 130 to 640 appendices to each RA Report and are Hawaiian Islands. The 25 plant taxa and centimeters (cm) (50 to 250 inches (in)), sufficient to support deletion of the Site their habitats have been variously most of which is received at higher from the NPL. After deletion from the affected or are currently threatened by elevations along the entire length of the NPL, the Site will be monitored by the one or more of the following— windward (northeastern) side State which has primacy for the Public competition, predation, or habitat (Taliaferro 1959). Water System Supervision (PWSS) degradation from alien species; human Nineteen of the proposed plant taxa program, and which will enforce impacts; fire; and natural disasters. This occur in the Koolau Mountains— compliance with all MCLs, including proposal, if made final, would Chamaesyce rockii, Cyanea acuminata, arsenic. EPA, Region VIII’s Water implement the Federal protection Cyanea humboldtiana, Cyanea Management Division provides provisions provided by the Act. koolauensis, Cyanea longiflora, Cyanea oversight of the State’s PWSS program. DATES: Comments from all interested st.-johnii, Cyrtandra dentata, Cyrtandra Five-year reviews, or their equivalent, parties must be received by December 1, subumbellata, Cyrtandra viridiflora, are required at this Site because the 1995. Public hearing requests must be Delissea subcordata, Gardenia mannii, remedy will result in hazardous received by November 16, 1995. Labordia cyrtandrae, Lobelia substances remaining on-site above ADDRESSES: Comments and materials gaudichaudii ssp. koolauensis, Lobelia health-based levels. The five-year concerning this proposal should be sent monostachya, Melicope saint-johnii, review will be completed for this site no to Robert P. Smith, Pacific Islands Myrsine juddii, Phyllostegia hirsuta, later than June 30, 1998. Ecoregion Manager, U.S. Fish and Trematolobelia singularis, and Viola Dated: September 25, 1995. Wildlife Service, 300 Ala Moana oahuensis. The vegetation communities Jack McGraw, Boulevard, Room 6307, P.O. Box 50167, of the Koolau Mountains, especially in Acting Regional Administrator, U.S. Honolulu, Hawaii 96850. Comments the upper elevations to which many of Environmental Protection Agency, Region and materials received will be available the proposed plant taxa are restricted, VIII. for public inspection, by appointment, are primarily lowland mesic and wet [FR Doc. 95–24449 Filed 9–29–95; 8:45 am] during normal business hours at the forests dominated by Metrosideros BILLING CODE 6560±50±M above address. polymorpha (’ohi’a) and/or other tree or Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51399 fern taxa. However, the vegetation now (DOD)) for military use), the Federal to be fewer than 200. Chamaesyce covering the Koolau Mountain Range is government, and private parties. Plants herbstii typically grows in mesic koa- mostly alien. The majority of the on land owned or leased by the Federal ‘ohi‘a lowland forests, Pisonia sp. remaining native vegetation is restricted government are located on portions of (papala kepau)-Charpentiera sp. to steep valley head walls and Dillingham, Kaena Point, Makua, and (papala) lowland forests, or diverse inaccessible summit ridges. The Schofield Barracks Military mesic forests at elevations between 530 windswept ridges are very steep and are Reservations; Kawailoa and Kahuku and 700 m (1,750 to 2,300 ft). characterized by grasses, ferns, and low- Training Areas; Lualualei Naval Associated plant taxa include the growing, stunted shrubs (Gagne and Reservation; and the Omega U.S. Coast federally endangered Alectryon Cuddihy 1990). Guard Station. Private lands include macrococcus var. macrococcus (mahoe), The Waianae Mountains were built by Honouliuli Preserve, leased from a as well as Hibiscus arnottianus var. eruptions that took place primarily major landowner by TNCH. arnottianus (koki‘o ke‘oke‘o), Melicope along three rift zones. The two principal sp. (alani), Pouteria sp. (‘ala‘a), and Discussion of the 25 Plant Taxa rift zones run in a northwestward and Urera glabra (opuhe) (HHP 1994c1 to Proposed for Listing south-southeastward direction from the 1994c5). summit and a lesser one runs to the Chamaesyce herbstii was first The primary threats to Chamaesyce northeast. The range is approximately described by Warren Wagner (1988) herbstii are habitat degradation and/or 64 km (40 mi) long. The caldera lies based on a specimen collected by Derral destruction by feral pigs (Sus scrofa); between the north side of Makaha Herbst in 1969 in the Waianae competition with alien plant taxa such Valley and the head of Nanakuli Valley Mountains of Oahu. Other published as Grevillea robusta (silk oak), Passiflora (MacDonald et al. 1983). The Waianae names which Wagner considers to be suberosa (huehue haole), Psidium Mountains are in the rain shadow of the synonymous with Chamaesyce herbstii cattleianum (strawberry guava), and parallel Koolau Mountains and except include C. rockii var. grandifolia, Schinus terebinthifolius (Christmas for Mt. Kaala, the highest point on Oahu Euphorbia clusiaefolia var. grandifolia, berry); potential fire; and a risk of (1,225 meters (m) (4,020 feet (ft)), and E. forbesii (Hillebrand 1888, extinction from naturally occurring receive much less rainfall (Wagner et al. Koutnik 1985, Wagner 1988). events (such as hurricanes) and/or 1990). The median annual rainfall for Chamaesyce herbstii, a member of the reduced reproductive vigor due to the the Waianae Mountains varies from 51 spurge family (Euphorbiaceae), is a small number of remaining populations to 190 cm (20 to 75 in) with only the small tree ranging from 3 to 8 m (10 to (HHP 1994c1 to 1994c5; Christa Russell, small summit area of Mt. Kaala 26 ft) tall. The thin, leathery leaves, TNCH, pers. comm. 1994). receiving the highest amount. Relative normally 8 to 19.5 cm (3.1 to 7.7 in) Joseph F. Rock collected a plant in to the Koolau Mountains, the Waianae long and 1.8 to 3.8 cm (0.7 to 1.5 in) 1908 in the Koolau Mountains, Oahu, Mountains have a greater range of wide, are narrowly oblong or sometimes which was described a year later by elevations, moisture regimes, and more lance-shaped or elliptic. The Charles Noyes Forbes as Euphorbia habitat types. As a result, the Waianae leaves are arranged in pairs on the same rockii. Leon Croizat and Otto Degener Mountains are the most biologically plane. The small, petalless flower (Degener and Croizat 1936) later diverse region on the island of Oahu. clusters (cyathia or compact flowering transferred the species to Chamaesyce, Thirteen of the proposed plant taxa stalks with small individual flowers, the resulting in the new combination occur in the Waianae Mountains— whole simulating a single flower) occur Chamaesyce rockii, the name accepted Chamaesyce herbstii, Cyanea longiflora, in groups of 3 to 15 in branched, open in the current treatment of Hawaiian Cyrtandra dentata, Delissea subcordata, flowering stalks. The individual flower members of the genus (Koutnik 1990). Eragrostis fosbergii, Gardenia mannii, stalks are 8 to 20 mm (0.3 to 0.8 in) long. The specific epithet honors Rock, an Labordia cyrtandrae, Lepidium The hairy inflorescence bracts intrepid collector and scholar of the arbuscula, Melicope saint-johnii, (specialized leaves) are broadly bell- Hawaiian flora. Phyllostegia hirsuta, Phyllostegia shaped and contain five to six yellowish Chamaesyce rockii, a member of the kaalaensis, Pritchardia kaalae, and green glands. The green or sometimes spurge family, is usually a compact Schiedea kealiae. These taxa, with the reddish purple-tinged, angular capsules shrub or sometimes a small tree exception of Lepidium arbuscula and (dry fruit that open at maturity) scarcely typically ranging from 0.5 to 2 m (1.6 to Schiedea kealiae, are found primarily in protrude from the bracts. This species is 6.6 ft) tall, but in protected sites it has mesic forests dominated by ’ohi’a, distinguished from others in the genus been known reach 4 m (13 ft) in height. Acacia koa (koa), Diospyros by the length of the flowering stalk and The leathery leaves, generally 8 to 14 sandwicensis (lama), or a diverse mix of the color of the angular fruits (Koutnik cm (3 to 5.5 in) long and 2 to 3.5 cm trees. Lepidium arbuscula is found 1990). (0.8 to 1.4 in) wide, are narrowly oblong primarily in mesic shrublands on ridges, Historically Chamaesyce herbstii was to oblong-elliptic or sometimes steep slopes, and cliffs composed of a known from scattered populations in narrowly elliptic in shape. The leaves variety of native shrubs, herbs, and the northern and central Waianae are arranged in two opposite rows along grasses. Schiedea kealiae is found on Mountains on the island of Oahu the stem, and have smooth leaf margins. dry cliff communities with a variety of (Hawaii Heritage Program (HHP) 1994c1 The cyathia occur in groups of about 3 native trees and shrubs (Joel Lau, The to 1994c5). Currently this species is to 10 in branched, open to sometimes Nature Conservancy of Hawaii (TNCH), known from four populations in the condensed flowering stalks that are pers. comm. 1994). central and northern Waianae usually 2 to 6 cm (0.8 to 2.4 in) long. The known habitat of these 25 plant Mountains—South Ekahanui Gulch, The bracts of the flowering stalks are taxa is owned by the City and County Pahole (Kukuiula) Gulch, Kapuna broadly bell-shaped and contain five to of Honolulu, the State of Hawaii Gulch, and West Makaleha-Central six greenish yellow, green, or red (including land classified as Department Makaleha. These populations are found glands. The fruit is a brilliant red of Hawaiian Homelands, Natural Area on private land in TNCH’s Honouliuli (sometimes pink-tinged red), round, Reserve (NAR) System, Forest Reserve, Preserve and State land, including hairless capsule, 14 to 25 mm (0.6 to 1 and land leased by the Federal Pahole NAR (HHP 1994c1 to 1994c5). in) long. The fruit protrudes noticeably government (Department of Defense The total number of plants is estimated from the bracts. This species differs 51400 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules from others in the genus in that it has flowering stalk 15 to 60 mm (0.6 to 2.4 Thomas Givnish, and Kenneth Sytsma large, red, capsular fruit (Koutnik 1990). in) long. The calyx lobes, 2 to 5 mm merged the endemic Hawaiian genera Chamaesyce rockii was known (0.08 to 0.2 in) long, are narrowly Cyanea and Rollandia under the former historically from scattered populations triangular. The corolla is white and name and published the new along the Koolau Mountains on the sometimes tinged purplish, 30 to 35 mm combination Cyanea humboldtiana island of Oahu (HHP 1994d1 to (1.2 to 1.4 in) long and 3 to 4 mm (0.1 (Lammers et al. 1993). The specific 1994d13). Eleven of the thirteen known to 0.2 in) wide. The tubular portion of epithet honors the German naturalist populations of this species are extant the flower is almost erect to slightly and explorer, Baron Alexander von and are found on private land and State curved, while the lobes are one-fourth to Humboldt. land leased by DOD for the Kawailoa one-third as long as the tube and Cyanea humboldtiana, a member of Training Area, as well as on Federal spreading. The yellow to yellowish the bellflower family, is an unbranched land on Schofield Barracks Military orange, round berries are approximately shrub with woody stems 1 to 2 m (3.2 Reservation (HHP 1994d1 to 1994d11). 5 mm (0.2 in) long. This species is to 6.6 ft) tall. The leaves are inversely Currently the total number of plants is distinguished from others in this egg-shaped to broadly elliptic, 18 to 45 estimated to be between 300 and 400 endemic Hawaiian genus by the color of cm (7 to 18 in) long and 7 to 16 cm (2.8 plants. Chamaesyce rockii typically the petals and fruit and length of the to 6.3 in) wide. The leaf edges are grows in wet ‘ohi‘a-Dicranopteris calyx lobes, flowering stalk, and leaf hardened and have shallow, ascending linearis (uluhe) forest and shrubland stalks (Lammers 1990). rounded teeth. Five to twelve flowers between 640 and 915 m (2,100 and Historically Cyanea acuminata was are arranged on a hairy, downward 3,000 ft) in elevation. Associated plant known from 31 scattered populations in bending flowering stalk which is 8 to 25 taxa include Dubautia laxa (na‘ena‘e the Koolau Mountains of Oahu (HHP cm (3 to 10 in) long. The dark magenta pua melemele), Machaerina sp. (‘uki), 1994e1 to 1994e32). Currently fewer or white petals are 6 to 7.5 cm (2.4 to Psychotria fauriei (kopiko), Wikstroemia than 100 plants are known from 15 3 in) long and hairy. The pale orangish sp. (‘akia), and the proposed species populations on privately owned land; yellow berries are elliptic to inversely Myrsine juddii (kolea) (HHP 1994d4). City and County of Honolulu land; State egg-shaped. This species differs from The primary threats to Chamaesyce land, including land leased by the DOD others in this endemic Hawaiian genus rockii are habitat degradation and/or for the Kawailoa Training Area; and by the downward bending flowering destruction by feral pigs, potential Federal land on Schofield Barracks stalk and the length of the flowering impacts from military activities, and Military Reservation and the Omega stalk (Lammers 1990). competition with alien plant taxa such Coast Guard Station (HHP 1994e1 to Cyanea humboldtiana was known as strawberry guava and Clidemia hirta 1994e12, 1994e20, 1994e24, 1994e25). historically from 17 populations from (Koster’s curse) (HHP 1994d1 to 1994d5, This species typically grows on slopes, the central portion to the southern end 1994d7, 1994d8). ridges, or stream banks from 305 to 915 of the Koolau Mountains of Oahu (HHP While a pharmaceutical botanist on m (1,000 to 3,000 ft) elevation. The 1994f1 to 1994f17). Currently between the vessel Uranie, Charles Gaudichaud- plants are found in mesic to wet ‘ohi‘a- 100 and 220 plants are known from Beaupre collected a new lobelioid on uluhe, koa-‘ohi‘a, or Diospyros three populations—Konahuanui Oahu, which he later described and sandwicensis (lama)-‘ohi‘a forest (HHP summit, Moanalua-Kaneohe summit, named Delissea acuminata (Hillebrand 1994e1 to 1994e9, 1994e11, 1994e12, and Lulumahu Gulch. These 1888). Wilhelm Hillebrand (1888) 1994e24, 1994e25; Lammers 1990). populations occur on private land, State transferred this species to the genus The major threats to Cyanea land, and Federal land on the Omega Cyanea, resulting in the new acuminata are habitat degradation and/ U.S. Coast Guard Station (HHP 1994f1, combination Cyanea acuminata. This is or destruction by feral pigs; potential 1994f2, 1994f16). This species is usually the name accepted in the current impacts from military activities; found in wet ’ohi’a-uluhe shrubland treatment of Hawaiian members of the potential predation by rats; competition from 550 to 960 m (1,800 to 3,150 ft) family (Lammers 1990). Other published with the noxious alien plant taxa elevation. Associated native plant taxa names considered synonymous with Christmas berry, Koster’s curse, and include ferns, alani, ’uki, Ilex anomala Cyanea acuminata include C. Ageratina adenophora (Maui (kawa’u), and Scaevola mollis (naupaka acuminata var. calycina, C. acuminata pamakani); and a risk of extinction from kuahiwi) (HHP 1994f1, 1994f16). forma latifolia, C. occultans, Delissea naturally occurring events and/or Habitat degradation and/or acuminata var. calycina, D. acuminata reduced reproductive vigor due to the destruction by feral pigs, potential forma latifolia, D. acuminata var. small number of remaining individuals predation by rats, competition with the latifolia, D. occultans, and Lobelia (HHP 1994e1 to 1994e4, 1994e7, alien plant Koster’s curse, and a risk of acuminata (Degener and Degener 1982, 1994e8, 1994e10 to 1994e12, 1994e20; J. extinction from naturally occurring Hosaka and Degener 1938, Lammers Lau, C. Russell, and Joan Yoshioka, events and/or reduced reproductive 1990, St. John 1981 and 1987b, Wawra TNCH, pers. comms. 1994). vigor, due to the small number of 1873). While a botanist on the vessel La remaining populations, are the major Cyanea acuminata, a member of the Bonite on his third trip to Hawaii, threats to Cyanea humboldtiana. The bellflower family (Campanulaceae), is Gaudichaud-Beaupre collected a new Konahuanui summit population is also an unbranched shrub 0.3 to 2 m (1 to 6.6 lobelioid on Oahu which he later threatened by trampling by hikers (HHP ft) tall. The leaves, 11 to 32 cm (4.3 to described and named as Rollandia 1994f1, 1994f2; J. Lau, C. Russell, and J. 12.6 in) long and 3 to 9 cm (1.2 to 3.5 humboldtiana (Lammers 1990). Other Yoshioka, pers. comms. 1994). in) wide, are inversely lance-shaped to published names considered Cyanea koolauensis was first narrowly egg-shaped or elliptic. The synonymous with Rollandia described by Hillebrand (1888) as upper leaf surface is green, whereas the humboldtiana include Delissea Rollandia longiflora var. angustifolia, lower surface is whitish green. The racemosa, Rollandia humboldtiana based on a specimen he collected on slightly hardened leaf edges contain forma albida, R. pedunculosa, and R. Oahu. In 1918 Rock elevated the variety small, spreading, pointed teeth. The leaf racemosa (Hillebrand 1888, Lammers to full species status as Rollandia stalks are 2 to 10 cm (0.8 to 4 in) long. 1990, Mann 1867–1868, St. John 1940, angustifolia (Rock 1918b). Lammers et Six to 20 flowers are arranged on a Wawra 1873). Recently Lammers, al. (1993) published the new name Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51401
Cyanea koolauensis to replace Wildlife Service, J. Lau, C. Russell, and The major threats to Cyanea longiflora Rollandia angustifolia when they J. Yoshioka, pers. comms. 1994). are habitat degradation and/or merged Cyanea and Rollandia, as the Cyanea longiflora was first collected destruction by feral pigs, potential name Cyanea angustifolia had already by Hillebrand on Oahu and named in impacts from military activities, been used. 1873, by Dr. Heinrich Wawra, as potential predation by rats, competition Cyanea koolauensis, a member of the Rollandia longiflora (Hillebrand 1888). with the alien plants strawberry guava bellflower family, is an unbranched Other names considered synonymous and Rubus argutus (prickly Florida shrub with woody stems, 1 to 1.5 m (3.5 with Rollandia longiflora are R. blackberry) in the Waianae Mountains to 5 ft) tall. The leaves are linear to lanceolata var. brevipes and R. and Koster’s curse in the Koolau narrowly elliptic with a whitish sessilifolia (Degener 1932, Lammers Mountains, potential fire, and a risk of underside, 16 to 36 cm (6.3 to 14.2 in) 1990, Wimmer 1953). Recently Lammers extinction from naturally occurring long and 1.5 to 4 cm (0.6 to 1.6 in) wide. et al. (1993) published the new events and/or reduced reproductive The leaf edges are hardened with combination Cyanea longiflora. The vigor due to the small number of shallow, ascending rounded teeth. The specific epithet refers to the long remaining, widely dispersed leaf stalks are 1.5 to 4.5 cm (0.6 to 1.8 flowers. populations (HHP 1994h1, 1994h3, in) long. The flowering stalks are three Cyanea longiflora, a member of the 1994h12 to 1994h14; J. Lau, C. Russell, to six-flowered. The flowering stalk is bellflower family, is an unbranched and J. Yoshioka, pers. comms. 1994). 15 to 40 mm (0.6 to 1.6 in) long. The shrub with woody stems 1 to 3 m (3.5 While hiking in the Koolau hypanthium (basal portion of the to 10 ft) long. The leaves are elliptic or Mountains of Oahu, Edward Hosaka flower) is 6 to 12 mm (0.2 to 0.5 in) inversely lance-shaped, 30 to 55 cm (12 collected a new lobelioid which he later long. The calyx lobes are fused into a to 22 in) long and 6 to 12 cm (2.4 to 4.7 described and named Rollandia st.- sheath 2 to 8 mm (0.08 to 0.3 in) long. in) wide. Mature leaves have smooth or johnii (St. John and Hosaka 1935). The dark magenta petals are 5 to 9 cm hardened leaf edges with shallow, Rollandia st.-johnii var. obtusisepala (2.0 to 3.5 in) long. The fruit is a round ascending, rounded teeth. The flowering (Wimmer 1953) is not recognized in the stalks are 5 to 10-flowered and 30 to 60 berry. Cyanea koolauensis is most recent treatment of Hawaiian mm (1.2 to 2.4 in) long. The calyx lobes distinguished from others in this members of the family (Lammers 1990). are fused into an irregularly toothed endemic Hawaiian genus by the leaf Lammers et al. (1993) published the sheath 2 to 4 mm (0.08 to 0.2 in) long. shape and width, the whitish green new name Cyanea st.-johnii when The petals, 6 to 9 cm (2.4 to 3.5 in) long, lower leaf surface and, the lengths of the Cyanea and Rollandia were merged. The and the hairless staminal column are leaf stalks, calyx lobes, and hypanthium specific epithet honors the late Harold dark magenta. The berries are almost (Lammers 1990). St. John. pear-shaped. Cyanea longiflora differs Cyanea st.-johnii, a member of the Cyanea koolauensis was known from others in this endemic Hawaiian bellflower family, is an unbranched historically from 27 scattered genus by the fused calyx lobes shrub with a woody stem 30 to 60 cm populations throughout the Koolau (Lammers 1990). (12 to 24 in) long. The leaves are lance- Mountains on Oahu (HHP 1994g1 to Cyanea longiflora was known shaped to inversely lance-shaped, 6 to 1994g28). Currently 14 populations historically from five populations in the 13 cm (2.4 to 5.1 in) long and 1.5 to 2 totalling fewer than 50 plants are known Waianae Mountains and six populations cm (0.6 to 0.8 in) wide. The leaf edges from the Waimea-Malaekahana Ridge to in the Koolau Mountains of Oahu (HHP are thickened, smoothly toothed, and Hawaii Loa Ridge in the Koolau 1994h1, 1994h2 to 1994h14). Currently curl under. The flowering stalk is 5 to Mountains. These populations occur on five populations of this species are 15 mm (0.2 to 0.6 in) long, with 5 to 20 City and County of Honolulu land, known—Pahole Gulch, Makaha Valley, flowers. The hairless, white petals, 3 to private land, and State land, including and Makaha-Waianae Ridge in the 6 cm (1.2 to 2.4 in) long, are suffused land leased to the DOD for the Kahuku Waianae Mountains and Kawainui with pale violet in the inner surface. and Kawailoa Training Areas (HHP Drainage and Opaeula Gulch in the This species is distinguished from 1994g1 to 1994g12, 1994g18, 1994g19, Koolau Mountains (HHP 1994h1, others in this endemic Hawaiian genus 1994g22). Cyanea koolauensis is usually 1994h3, 1994h11 to 1994h14). These 5 by the length of the leaves, the distinctly found on slopes and ridge crests in wet populations total between 220 and 300 curled leaf margins, and the petal color ’ohi’a-uluhe forest or shrubland at plants. The populations are found on (Lammers 1990). elevations from 520 to 810 m (1,700 to City and County of Honolulu land, Cyanea st.-johnii was known 2,660 ft). Associated plant taxa include private land leased by the DOD for the historically from 11 populations in the alani, Antidesma sp. (hame), Kawailoa Training Area, and State- central and southern Koolau Mountains Diplopterygium pinnatum, Psychotria owned land, including Pahole NAR. of Oahu (HHP 1994i1 to 1994i11). sp. (kopiko), and Scaevola sp. (naupaka) Cyanea longiflora is usually found on Currently between 40 and 50 plants are (HHP 1994g1 to 1994g12, 1994g18, steep slopes or ridge crests in mesic koa- known from 5 populations—Waimano 1994g19, 1994g22; Lammers 1990). ’ohi’a forest in the Waianae Mountains Trail summit to Aiea Trail summit, the Cyanea koolauensis is threatened by or wet ’ohi’a-uluhe forest in the Koolau summit ridge crest between Manana and habitat destruction by feral pigs, Mountains, usually between 620 and Kipapa trails, between the summit of potential impacts from military 780 m (2,030 and 2,560 ft) elevation. Aiea and Halawa trails, Summit Trail activities, potential predation by rats, Associated plant taxa in koa-’ohi’a forest south of Poamoho cabin, and Wailupe- competition with the aggressive alien include hame, kopiko, uluhe, Coprosma Waimanalo summit ridge. These plants Koster’s curse and strawberry sp. (pilo), and Syzygium sp. (’ohi’a ha). populations are found on City and guava, trampling by hikers, In wet ’ohi’a-uluhe forest, associated County of Honolulu, private, and State overcollection, and a risk of extinction native taxa include ’akia, alani, lands (HHP 1994i1, 1994i7, 1994i9 to from naturally occurring events and/or Cibotium sp. (hapu’u), Dubautia sp. 1994i11). This species typically grows reduced reproductive vigor due to the (na’ena’e), Hedyotis sp., and on wet, windswept slopes and ridges small number of remaining individuals Pittosporum sp. (ho’awa) (HHP 1994h1, from 690 to 850 m (2,260 to 2,800 ft) (HHP 1994g1 to 1994g5, 1994g7, 1994h3, 1994h11, 1994h13, 1994h14; elevation in ’ohi’a mixed shrubland or 1994g22; Loyal Mehrhoff, U.S. Fish and Lammers 1990). ’ohi’a-uluhe shrubland. Associated 51402 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules plant taxa include naupaka kuahiwi, 1994j2, 1994j6, 1994j7). The 3 known forested slopes or gulch bottoms ’uki, Bidens sp. (ko’oko’olau), and populations total fewer than 50 dominated by ‘ohi‘a or a mixture of Freycinetia arborea (’ie’ie) (HHP 1994i1, individuals. Cyrtandra dentata typically ‘ohi‘a and uluhe, between 460 and 670 1994i7, 1994i9 to 1994i11). grows in gulches, slopes, or ravines in m (1,500 and 2,200 ft) elevation. Cyanea st.-johnii is threatened by mesic forest with ’ohi’a, ’ohi’a ha, and Associated plant taxa include ‘uki, habitat degradation and/or destruction Aleurites moluccana (kukui) at Adiantum raddiantum, Boehmeria by feral pigs, potential predation by rats, elevations from 580 to 720 m (1,900 to grandis (‘akolea), Broussaisia arguta competition with the noxious alien 2,360 ft) (HHP 1994j2, 1994j6, 1994j7; (kanawao), and Thelypteris sp. (HHP plant Koster’s curse, and a risk of St. John 1966; Wagner et al. 1990). 1994k2, 1994k5, 1994k6; St. John 1966; extinction from naturally occurring Competition with the alien plants Wagner et al. 1990). events and/or reduced reproductive Koster’s curse and strawberry guava, The primary threats to Cyrtandra vigor due to the small number of potential predation by rats, potential subumbellata are competition with the remaining populations and individuals. fire, and stochastic extinction and/or noxious alien plant Koster’s curse, The plants between the summit of Aiea reduced reproductive vigor, due to the potential impacts from military and Halawa Trail are also threatened by small number of extant populations and activities, potential predation by rats, trampling by hikers (HHP 1994i7, individuals, are the major threats to potential fire, and a risk of extinction 1994i9, 1994i10; J. Lau, C. Russell, and Cyrtandra dentata (HHP 1994j6; J. Lau, from naturally occurring events and/or J. Yoshioka, pers. comms. 1994). C. Russell, and J. Yoshioka, pers. reduced reproductive vigor due to the In 1945 St. John collected a plant comms. 1994). small number of extant populations and specimen on Oahu that he and W.B. Hillebrand (1888) collected a individuals (HHP 1994k6; J. Lau, C. Storey named Cyrtandra dentata (St. specimen on Oahu that he named Russell, and J. Yoshioka, pers. comms. John and Storey 1950). In the same Cyrtandra gracilis var. subumbellata. St. 1994). paper, St. John and Storey also John and Storey (1950) elevated the In 1950, St. John and Storey first described Cyrtandra frederickii, now variety to full species status. The described Cyrtandra viridiflora based on considered synonymous with Cyrtandra authors of the current treatment of the a specimen collected by Joseph Rock in dentata (Wagner et al. 1990). The family concur with this designation 1911. Other published names now specific epithet refers to the toothed (Wagner et al. 1990). St. John’s (1966) considered synonyms of this species are margin of the leaf blades. variety intonsa is not currently Cyrtandra crassifolia and C. pickeringii Cyrtandra dentata, a member of the recognized (Wagner et al. 1990). The var. crassifolia (Hillebrand 1888, Rock African violet family (Gesneriaceae), is specific epithet refers to the umbrella- 1918a, St. John 1966, Wagner et al. a sparingly branched shrub ranging from like flowering stalk. 1.5 to 5 m (5 to 16 ft) tall. Papery in Cyrtandra subumbellata, a member of 1990). The specific epithet refers to the texture, the leaves are broadly elliptic to the African violet family, is a shrub 2 to conspicuous green flowers. almost circular or broadly egg-shaped to 3 m (6.6 to 10 ft) tall. Papery in texture, Cyrtandra viridiflora, a member of the egg-shaped, 9 to 33 cm (3.5 to 13 in) the leaves are almost circular to egg- African violet family, is a small shrub long, and 3 to 17 cm (1.2 to 6.7 in) wide. shaped, 12 to 39 cm (4.7 to 15.4 in) long, 0.5 to 2 m (1.6 to 6.6 ft) tall. The thick, Three to nine white flowers are arranged and 3 to 19 cm (1.2 to 7.5 in) wide. The fleshy, heart-shaped leaves are 6 to 15 on an inverse umbrella-shaped flower upper leaf surface is wrinkled, whereas cm (2.4 to 6 in) long, 3.5 to 7.5 cm (1.4 cluster which arises from the leaf axil. the lower surface has conspicuously to 3 in) wide, and have toothed margins. The main flower stalk is 25 to 50 mm raised net-like veins and is moderately Both the upper and lower surfaces have (1 to 2 in) long and the individual covered with white glands. Five to 15 long, velvety, pale hairs. One to five flower stalks are 15 to 33 mm (0.6 to 1.3 white flowers are densely arranged on green flowers are arranged on an inverse in) long. The leaf-like bracts are 12 to 30 an inverse umbrella-shaped flowering umbrella-shaped flowering stalk. The mm (0.5 to 1.2 in) long. The tubular stalk which arises from the leaf axil. The pale green calyx is 12 to 15 mm (0.5 to portion of the flower is 12 to 25 mm (0.5 main flower stalk is 2 to 8 mm (0.08 to 0.6 in) long. The round, white berries to 1 in) long and 4 to 9 mm (0.2 to 0.4 0.3 in) long. The style is approximately are 1.3 cm (0.5 in) or longer. This in) in diameter. The upper flower lobes 10 mm (0.4 in) long. The round, white species is distinguished from others in are 2 to 6 mm (0.08 to 0.2 in) long and berries are 1 to 1.5 cm (0.4 to 0.6 in) the genus by the leaves, which are thick, 3 to 7 mm (0.1 to 0.3 in) wide, while the long. This species is distinguished from fleshy, heart-shaped, and densely hairy lower lobes are 3 to 17 mm (0.1 to 0.7 others in the genus by the number and on both surfaces (Wagner et al. 1990). in) long and 4 to 9 mm (0.2 to 0.4 in) arrangement of the flowers, the lengths Historically Cyrtandra viridiflora was wide. The round white berries are 1 to of the style and main flower stalks, and known from seven scattered populations 2.6 cm (0.4 to 1 in) long. This species the texture of the leaves (Wagner et al. in the Koolau Mountains on the island is distinguished from others in the 1990). of Oahu (HHP 1994L1 to 1994L7). This genus by the number and arrangement Historically Cyrtandra subumbellata species is now known only from four of the flowers, the length of the bracts was known from six scattered populations in the northern Koolau and flower stalks, and the shape of the populations in the central Koolau Mountains—Kawainui-Laie summit leaves (Wagner et al. 1990). Mountains on the island of Oahu (HHP divide, Kawainui-Kaipapau summit Cyrtandra dentata was historically 1994k1 to 1994k6). This species is now divide, Maakua-Kaipapau Ridge, and known from six populations in the known from three populations in the the Peahinaia Trail. A total of fewer Waianae Mountains and three central Koolau Mountains—Schofield- than 10 plants is known from these 4 populations in the Koolau Mountains of Waikane Trail and Puu Ohulehule on populations on State land and private Oahu (HHP 1994j1 to 1994j9). Currently private and State land and Kaukonahua land leased by the DOD for Kawailoa this species is found only in the drainage on Federal land within Training Area (HHP 1994L4 to 1994L7). Waianae Mountains in Pahole Gulch Schofield Barracks Military Reservation Cyrtandra viridiflora is usually found on and Kapuna Valley on State land (HHP 1994k2, 1994k5, 1994k6). The wind-blown ridge tops in cloud-covered (within Pahole NAR) and in Ekahanui total number of plants currently is wet forest or shrubland at elevations of Gulch on State and private land (within estimated to be fewer than 50. This 690 to 850 m (2,260 to 2,800 ft). TNCH’s Honouliuli Preserve) (HHP species typically grows on moist, Associated plant taxa include kanawao, Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51403
‘ohi‘a, ‘ohi‘a ha, ‘uki, and uluhe (HHP Gulch in the Kealia land section in the of the spikelet) have margins fringed 1994L4 to 1994L7, Wagner et al. 1990). northern Waianae Mountains to the with long hairs. The lemmas (inner The major threats to Cyrtandra north branch of North Palawai Gulch bracts that subtend the flowers) have viridiflora are habitat degradation or about 20 km (12 mi) to the south. This loosely overlapping margins which are destruction by feral pigs, potential species is found on private land occasionally fringed with hairs. The impacts from military activities, (TNCH’s Honouliuli Preserve), Federal fruit is a grain. This species is potential predation by rats, competition land (Schofield Barracks Military distinguished from others in the genus with the alien plants Koster’s curse and Reservation and Lualualei Naval by its stiffly ascending flowering stalk strawberry guava, and a risk of Reservation), and State land (Pahole and and the long hairs on the margins of the extinction from naturally occurring Kaala NARs or leased to the Federal glumes and occasionally on the margins events and/or reduced reproductive government (Makua Military of the lemmas (O’Connor 1990). vigor due to the small number of Reservation)). The total number of Historically Eragrostis fosbergii was remaining populations and individuals plants in the 9 remaining populations is known only from the Waianae (HHP 1994L4 to 1994L6; J. Lau, C. estimated to be between 70 and 80. Mountains of Oahu, from the slopes of Russell, and J. Yoshioka, pers. comms. Delissea subcordata typically grows on Mount Kaala and in Waianae Kai and its 1994). moderate to steep gulch slopes in mesic associated ridges (HHP 1994n1 to Delissea subcordata was first native or alien-dominated forests from 1994n6). This species was thought to be collected on Oahu by Gaudichaud- 430 to 760 m (1,400 to 2,500 ft) extinct until rediscovered by Joel Lau of Beaupre over 150 years ago. He later elevation. Associated plant taxa include TNCH in 1991. Only six individuals are described and named it for its heart- a variety of native trees such as ‘ala‘a, known to remain in Waianae Kai in four shaped leaf base (Hillebrand 1888). hame, kukui, ‘ohi‘a, papala kepau, populations on land owned by the State Lammers considers all subsequently Diospyros hillebrandii (lama), Nestegis and the City and County of Honolulu named varieties to be synonymous with sandwicensis (olopua), and kopiko (HHP 1994n3 to 1994n6). Eragrostis Delissea subcordata, including D. (HHP 1994m1 to 1994m26; Takeuchi fosbergii typically grows on ridge crests subcordata var. kauaiensis, D. and Shimabukuro (s.n.) 1987; Takeuchi, or moderate slopes in native or alien subcordata var. obtusifolia, D. Yap, and Paquin (3422) 1987; Takeuchi forests between 720 and 830 m (2,360 subcordata var. waialaeensis, D. and Paquin (2734) 1986; Takeuchi and 2,720 ft) elevation. Associated plant subcordata var. waikaneensis, and (2410) 1985). taxa include Christmas berry, koa, Lobelia subcordata (Lammers 1990, St. Delissea subcordata is threatened by ‘ohi‘a, Psydrax odoratum (alahe‘e), John 1977, Wawra 1873). habitat degradation and/or destruction Dodonaea viscosa (‘a‘ali‘i), and Delissea subcordata, a member of the by ungulates such as pigs and goats; Eragrostis grandis (kawelu) (HHP bellflower family, is a branched or potential impacts from military 1994n3 to 1994n6). unbranched shrub 1 to 3 m (3.5 to 10 activities, including road construction The major threats to Eragrostis ft) tall. The leaves are egg-shaped or and housing development; potential fosbergii include degradation of habitat oval lance-shaped, with heart-shaped predation by rats; competition with the by feral pigs and goats; competition bases and blades 12 to 30 cm (4.7 to 12 alien plants Christmas berry, Koster’s with alien plants such as Christmas in) long and 6 to 17 cm (2.4 to 6.7 in) curse, strawberry guava, and Lantana berry, silk oak, and strawberry guava; wide. The leaf margins have shallow, camara (lantana); potential fire; and a and trampling by hikers. This species is rounded to sharply pointed teeth. risk of extinction from naturally also threatened by the risk of extinction Occasionally the leaf margin may be occurring events and/or reduced from naturally occurring events and/or irregularly cut into narrow and unequal reproductive vigor due to the small reduced reproductive vigor due to the segments with one to six triangular number of remaining individuals (HHP small number of remaining populations lobes, 10 to 18 mm (0.4 to 0.7 in) long, 1994m1, 1994m7; Takeuchi & and individuals (HHP 1994n3 to toward the leaf base. Six to 18 white or Shimabukuro (s.n.) 1987; Takeuchi 1994n6; C. Russell, pers. comm. 1994). greenish white flowers are arranged on (2410) 1985; J. Lau, L. Mehrhoff, and J. Gardenia mannii was first described an flowering stalk 4 to 10 cm (1.6 to 4 Yoshioka, pers. comms. 1994). by St. John and J.R. Kuykendall in 1949, in) long. The calyx lobes are awl-shaped In 1933, F. Raymond Fosberg based on a specimen they had collected and 0.5 to 1 mm (0.02 to 0.04 in) long. collected a plant in the Waianae a few years earlier in the Koolau The curved corolla is 45 to 60 mm (1.8 Mountains that Leo D. Whitney (1937) Mountains, Oahu. In the same paper, St. to 2.4 in) long and has a knob on the named Eragrostis fosbergii. This species John and Kuykendall also described back side. The anthers are hairless. The is maintained in the most recent Gardenia mannii var. honoluluensis, fruit is an egg-shaped berry. This treatment of Hawaiian members of this which is not currently recognized species is distinguished from others in genus (O’Connor 1990). (Wagner et al. 1990). The specific this endemic Hawaiian genus by the Eragrostis fosbergii is a perennial epithet honors Horace Mann, Jr., an shape and size of the leaves, the length grass (family Poaceae), with stout, tufted early collector of Hawaiian plants. of the calyx lobes and corolla, and the culms (stems) 60 to 100 cm (24 to 40 in) Gardenia mannii, a member of the hairless condition of the anthers long, which usually arise from an coffee family (Rubiaceae), is a tree 5 to (Lammers 1990). abruptly bent woody base. The leathery 15 m (16 to 50 ft) tall. The leaves are Historically Delissea subcordata was leaf blades, 40 to 60 cm (16 to 24 in) inversely lance-shaped or slightly more known from 21 scattered populations in long and 5 to 10 mm (0.2 to 0.4 in) wide, elliptic, 6 to 27 cm (2.4 to 10.6 in) long, the Waianae Mountains and 8 are flat but curl inward towards the and 3.5 to 10 cm (1.4 to 4 in) wide. The populations in the Koolau Mountains of apex. The small flowers occur in upper leaf surface is sticky. The fragrant Oahu. A specimen collected by Mann complex clusters that are somewhat flowers bloom in the late afternoon, and and Brigham in the 1860’s and labeled open, pyramidal, and 20 to 40 cm (8 to usually last for 2 days. They are solitary as from the island of Kauai is believed 16 in) long. The pale to dark green and occur at the branch tips. The cup- to have been mislabeled (HHP 1994m8). spikelets (ultimate flower clusters) shaped calyx, 3 to 5 mm (0.1 to 0.2 in) Delissea subcordata is now known only generally contain three to five flowers, long, extends into four to six leathery, from the Waianae Mountains in nine and are about 5 mm (0.2 in) long. The long, thin, terminal spurs (hollow populations distributed from Kawaiu slender glumes (small bracts at the base appendages). These spurs are linear 51404 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules spatula-shaped, ‘‘S’’ shaped, or, rarely, reproductive vigor due to the widely 1994p14 to 1994p16). Labordia sickle-shaped; 23 to 46 mm (0.9 to 1.8 dispersed, small number of remaining cyrtandrae typically grows in shady in) long; and 5 to 11 mm (0.2 to 0.4 in) individuals. The Kapakahi Gulch gulches in mesic to wet forests wide. The corolla is cream colored on population is also threatened by the dominated by ’ohi’a, Diplopterygium the outside and white on the inside. The black twig borer (Xylosandrus pinnatum, and/or koa between the tubular portion of the flower is 17 to 27 compactus) (HHP 1994o1, 1994o13, elevations of 730 and 780 m (2,400 and mm (0.7 to 1.1 in) long (when dry), and 1994o14, 1994o35, 1994o37 to 1994o44, 2,560 ft) (HHP 1994p2, 1994p14 to the seven to nine lobes are 16 to 22 mm 1994o46; L. Mehrhoff, pers. comm. 1994p16). Associated plant taxa include (0.6 to 0.9 in) long (when dry). The 1994). ’ala’a, Diplazium sandwichianum, yellow to orange fruit is broadly elliptic. Labordia cyrtandrae was first Pipturus albidus (mamaki), Perrottetia This species is distinguished from collected by French naturalist and sp. (olomea), and kopiko (HHP 1994p2, others in the genus by the shape and ethnologist Ezechiel Jules Remy on 1994p14 to 1994p16). number of the calyx spurs (Wagner et al. Oahu in 1855. In 1880, H.E. Baillon Habitat degradation and/or 1990). named Remy’s collection Geniostoma destruction by feral pigs; potential Historically Gardenia mannii was cyrtandrae in reference to the impacts from military activities; known from 7 widely scattered resemblance of this plant to the competition with the alien plants populations in the Waianae Mountains pantropical genus Cyrtandra (St. John Christmas berry, Koster’s curse, prickly and 39 populations distributed along 1936). St. John (1936) transferred the Florida blackberry, and strawberry almost the entire length of the Koolau species to the endemic Hawaiian genus guava; potential fire; and a risk of Mountains of Oahu (HHP 1994o1 to Labordia. The authors of the current extinction from naturally occurring 1994o46). Currently 22 populations of treatment of Hawaiian members of the events and/or reduced reproductive Gardenia mannii are distributed along a family concur with this designation vigor, due to the small number of 42 km (26 mi) length of the Koolau (Wagner et al. 1990). In 1932 O. Degener remaining individuals and populations, Mountains, from Kaunala Gulch and described Labordia hypoleuca, which are the primary threats to Labordia Kaunala-Waimea Ridge at the Wagner et al. (1990) consider to be cyrtandrae (HHP 1994p14 to 1994p16; northernmost extent of its range to synonymous with L. cyrtandrae C. Russell, pers. comm. 1994). Palolo at the southernmost extent (HHP (Degener and Degener 1957). Over 100 years ago, Hillebrand 1994o2, 1994o4, 1994o7, 1994o8, Labordia cyrtandrae, a member of the collected a plant in the Waianae 1994o13, 1994o17, 1994o18, 1994o25, logania family (Loganiaceae), is a shrub Mountains that he named Lepidium 1994o28 to 1994o30, 1994o33, 1994o34, 0.7 to 2 m (2.3 to 6.6 ft) tall. The fleshy, arbuscula for its tree-like habit 1994o37, 1994o39 to 1994o46). In the cylindrical to weakly angled stems, (Hillebrand 1888). This species has been Waianae Mountains, this species is which flatten when dry, are covered maintained in the most recent treatment found in five extant populations over a with short, coarse, stiff hairs. The thick of Hawaiian members of the genus 7 km (4 mi) distance from north leaves, 12 to 30 cm long (4.7 to 12 in) (Wagner et al. 1990). Haleauau Valley to Kaluaa Gulch (HHP and 4 to 14 cm (1.6 to 5.5 in) wide, are Lepidium arbuscula, a member of the 1994o1, 1994o14, 1994o21, 1994035, inversely egg-shaped to broadly elliptic mustard family (Brassicaceae), is a 1994o38). The 27 extant populations or rarely inversely lance-shaped. Eight gnarled shrub 0.6 to 1.2 m (2 to 3.9 ft) occur on private land, including to 80 or more flowers are arranged on tall. The leathery, hairless leaves, 2.6 to TNCH’s Honouliuli Preserve and land a densely hairy flowering stalk with an 6 cm (1 to 2.4 in) long and 0.8 to 1.8 leased by DOD for Kawailoa and erect stalk up to 10 mm (0.4 in) long. cm (0.3 to 0.7 in) wide, are spatula- Kahuku Training Areas; City and The pale greenish yellow or pale yellow shaped to oblong-elliptic or elliptic, and County of Honolulu land; State land; corolla is 20 to 35 mm (0.8 to 1.4 in) have toothed margins. The unbranched and Federal land on Schofield Barracks long. The tubular portion of the flower flowering stalk contains one to three Military Reservation. The existing is urn-shaped; the flower lobes are erect flowers. The white, pale yellow, or populations total between 70 and 100 lance-shaped and 8 to 13 mm (0.3 to 0.5 greenish petals are 2 to 2.5 mm (0.08 to plants, with 23 of the 27 populations in) long. The elliptic, lance-shaped 0.1 in) long. The fruit is a capsule which each containing 5 or fewer plants. This fruits are two-valved capsules 32 to 35 is broadly egg-shaped to almost circular. species is usually found on moderate to mm (1.3 to 1.4 in) long. This species is This species is distinguished from moderately steep gulch slopes between distinguished from others in the genus others in the genus by its height 300 and 750 m (980 and 2,460 ft) in by its fleshy, hairy, cylindrical stem (Wagner et al. 1990). elevation. ’Ohi’a co-dominates in mesic which flattens upon drying, the shape Historically Lepidium arbuscula was or wet forests with a mixture of native and length of the floral bracts, and the known from 11 populations in the plants such as ’ala’a, koa, and uluhe. length of the corolla tube and lobes Waianae Mountains (HHP 1994q1 to Other associated plant taxa include (Wagner et al. 1990). 1994q11). It now remains at all but one alani, hame, kanawao, pilo, Alyxia Historically Labordia cyrtandrae was of those populations on Federal oliviformis (maile), and kopiko (HHP known from both the Waianae and (Lualualei Naval Reservation, Makua 1994o1, 1994o3 to 1994o11, 1994o14, Koolau Mountains of Oahu. In the Military Reservation, and Schofield 1994o15, 1994o17, 1994o18, 1994o20 to Koolau Mountains, this species ranged Barracks Military Reservation), State, 1994o22, 1994o25, 1994o26, 1994o28 to from Kawailoa Trail to Waialae Iki, and City and County of Honolulu land. 1994o46). extending almost the entire length of the Populations range from Kuaokala in the Gardenia mannii is threatened by mountain range (HHP 1994p1, 1994p3 northern Waianae Mountains to habitat degradation and/or destruction to 1994p13). This species currently is Lualualei-Nanakuli Ridge in the by feral pigs; potential impacts from known only from 10 individuals in 3 southern Waianae Mountains (HHP military activities; competition with populations in Haleauau Gulch and 1994q2 to 1994q11). Fewer than 900 alien plants such as Koster’s curse, North Mohiakea Gulch, Waianae individuals of this species remain. prickly Florida blackberry, and Mountains (HHP 1994p2, 1994p14 to Lepidium arbuscula generally grows on strawberry guava; potential fire; and a 1994p16). These three populations are exposed ridge tops and cliff faces in risk of extinction from naturally on Federal land in Schofield Barracks mesic vegetation communities between occurring events and/or reduced Military Reservation (HHP 1994p2, 230 and 915 m (755 and 3,000 ft) Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51405 elevation. This species is typically land (HHP 1994s1). The total number of Christmas berry, Hamakua pamakani, associated with native and non-native plants is estimated to be less than 250. Kalanchoe pinnata (air plant), and plant taxa such as ’a’ali’i, Christmas Lobelia gaudichaudii ssp. koolauensis molasses grass; and a risk of extinction berry, kawelu, Ageratina spp. typically grows on moderate to steep from naturally occurring events and/or (pamakani), ko’oko’olau, Carex meyenii, slopes in ’ohi’a or ’ohi’a-uluhe lowland reduced reproductive vigor due to the and Melinis minutiflora (molasses grass) wet shrublands at elevations between low number of individuals in the only (HHP 1994q2 to 1994q8, 1994q10, 640 and 730 m (2,100 and 2,400 ft). known population (HHP 1994ff). 1994q11). Associated plant taxa include alani, E.P. Hume first described Melicope The primary threats to Lepidium ko’oko’lau, naupaka, ’uki, and kanawao saint-johnii as Pelea saint-johnii based arbuscula are habitat degradation and/ (HHP 1994s1, 1994s2). on a specimen he collected with E. or destruction by feral goats; potential The primary threats to the single Christophersen and G. Wilder at Mauna impacts from military activities; remaining population of Lobelia Kapu on Oahu (St. John 1944). Thomas competition with alien plants including gaudichaudii ssp. koolauensis are Hartley and the late Benjamin Stone Christmas berry, lantana, Maui habitat degradation and/or destruction (1989) transferred Hawaiian Pelea pamakani, molasses grass, silk oak, by feral pigs, competition with the species to the Pacific genus Melicope. strawberry guava, Ageratina riparia noxious alien plant Koster’s curse, The new combination, Melicope saint- (Hamakua pamakani), and Myrica faya trampling by hikers, potential johnii, was published in the same paper (firetree); and potential fire. The overcollection, landslides, and a risk of (Hartley and Stone 1989). Other population at the head of Kapuhi Gulch extinction from naturally occurring published names that refer to this taxon is also threatened by its proximity to a events and/or reduced reproductive are Evodia elliptica var. elongata, Pelea road (HHP 1994q4, 1994q5, 1994q7 to vigor of the one remaining population elliptica var. elongata, P. elongata, and 1994q11). (HHP 1994s1; L. Mehrhoff and C. P. saint-johnii var. elongata (Hillebrand In 1937 Fosberg and Hosaka collected Russell, pers. comms. 1994). 1888, St. John 1944, Stone 1966, Stone a specimen of Lobelia gaudichaudii ssp. In 1919 Rock described a new variety et al. 1990). koolauensis on Oahu which they of Lobelia hillebrandii based on a Melicope saint-johnii, a member of the described the following year as a variety specimen collected by Hillebrand in the rue family (Rutaceae), is a slender tree of Lobelia gaudichaudii and named it 1800’s. Rock (1919) named this variety 3 to 6 m (10 to 20 ft) tall. The leaves are for the Koolau Mountains (Fosberg and Lobelia hillebrandii var. monostachya. opposite or occasionally occur in threes Hosaka 1938). Lammers (1988, 1990) Degener elevated this variety to the on young lateral branches. The leaves, 6 has elevated the variety to a subspecies. species level and transferred it to a new to 16 cm (2.4 to 6.3 in) long and 3 to Lobelia gaudichaudii ssp. genus as Neowimmeria monostachya 8.5 cm (1.2 to 3.3 in) wide, are narrowly koolauensis, a member of the bellflower (Degener 1974). Lammers (1988) to broadly elliptic, sometimes elliptic family, is an unbranched, woody shrub transferred the species back to the egg-shaped or rarely lance-shaped. 0.3 to 1 m (1 to 3.5 ft) tall. The leaves original genus as Lobelia monostachya. Three to 11 flowers are arranged on an are inversely lance-shaped to Lobelia monostachya, a member of flowering stalk 9 to 22 mm (0.4 to 0.9 rectangular, 8 to 19 cm (3 to 7.5 in) long, the bellflower family, is a prostrate in) long. The flowers are usually and 1.3 to 2.8 cm (0.5 to 1.1 in) wide. woody shrub with stems 15 to 25 cm (6 functionally unisexual, with staminate The leaf edges are thickened or curled to 10 in) long. The leaves are stalkless, (male) and pistillate (female) flowers. under, fringed with hairs toward the linear, hairless, 7 to 15 cm (2.8 to 6 in) The staminate flowers have broadly egg- base, and sharp-pointed at the tip. The long, and 0.4 to 0.7 cm (0.2 to 0.3 in) shaped sepals which are hairless to flowering stalk is two to six-branched wide. The flowering stalk is sparsely covered with hair. The and 40 to 70 cm (16 to 28 in) long. The unbranched. The corolla is pale triangular petals, 6 to 8 mm (0.2 to 0.3 hairless bracts are lance-shaped to egg- magenta, 15 to 18 mm (0.6 to 0.7 in) in) long, are densely covered with hair shaped and 18 to 32 mm (0.7 to 1.3 in) long, and approximately 5 mm (0.2 in) on the exterior. The pistillate flowers long. The calyx lobes are triangular, wide. The lobes of the corolla overlap are similar in hairiness to staminate lance-shaped or egg-shaped, and 10 to spirally. The species is distinguished flowers, but are slightly smaller in size. 15 mm (0.4 to 0.6 in) long. The corolla from others in the genus by the narrow, The dry fruit, 7 to 12 mm (0.3 to 0.5 in) is greenish or yellowish white and 50 to linear leaves without stalks and the long, splits at maturity. The exocarp 75 mm (2 to 3 in) long. The tubular short pink flowers (Lammers 1990). (outermost layer of the fruit wall) is portion of the flower is curved, with Historically Lobelia monostachya was hairless, whereas the endocarp spreading lobes. The fruit is an egg- known only from the Koolau Mountains (innermost layer) is hairy. This species shaped capsule. The subspecies and had not been seen since its original is distinguished from others in the koolauensis is distinguished by the discovery in the 1800’s in Niu Valley genus by the combination of the hairless greenish or yellowish white petals and and in the 1920’s in Manoa Valley (HHP exocarp, the hairy endocarp, the densely the branched flowering stalks. The 1991a1, 1991a2). In 1994 Joel Lau hairy petals, and the sparsely hairy to species is distinguished from others in discovered one individual in a smooth sepals (Stone et al. 1990). the genus by the length of the stem, the previously unknown location in Historically Melicope saint-johnii was length and color of the corolla, the leaf Wailupe Valley on State-owned land. known from both the Waianae and width, the length of the floral bracts, Since then a total of eight plants has Koolau Mountains—Makaha to Mauna and the length of the calyx lobes been found. This species occurs on Kapu in the Waianae Mountains and (Lammers 1990). steep, sparsely vegetated cliffs in mesic Papali Gulch in Hauula, Manoa- Historically Lobelia gaudichaudii ssp. shrubland at an elevation of about 290 Aihualama, Wailupe, and Niu Valley in koolauensis was known from only two m (950 ft). Associated plant taxa include the Koolau Mountains (HHP 1994t1 to populations in the central Koolau Artemisia sp. (ahinahina), Carex 1994t15, 1994ee; Takeuchi 1992). Today Mountains on Oahu (HHP 1994s1, meyenii, Psilotum nudum (moa), and eight populations of this species are 1994s2). Currently this subspecies is Eragrostis sp. (kawelu) (HHP 1994ff). found on Federal (Lualualei Naval known from a single population on the The major threats to Lobelia Reservation), State, and private land Manana Ridge system in the central monostachya are predation by rats; from the region between Puu Kaua and Koolau Mountains on privately owned competition with the alien plants Puu Kanehoa to Mauna Kapu in the 51406 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules southern Waianae Mountains. Fewer distinguish this species from all other distinguished from others in the genus than 150 individuals of this species are species of Myrsine on Oahu by the texture, hairiness, and size of the currently known (HHP 1994t1 to 1994t4, (Environmental Impact Study leaves and the length of the upper bracts 1994t7, 1994t14, 1994t15, 1994ee; Corporation 1977). (Wagner et al. 1990). Takeuchi 1992; Takeuchi and Paquin Myrsine juddii has been reported from Historically Phyllostegia hirsuta was (s.n.) 1985; J. Lau, pers. comm. 1994). only three populations in the central known from widespread populations in This species typically grows on mesic Koolau Mountains—the North the Waianae and Koolau Mountains on forested ridges from 500 to 853 m (1,640 Kaukonahua-Kahana Summit divide; Oahu. In the Waianae Mountains, this to 2,800 ft) elevation. Associated native Peahinaia Trail; and Puu Kainapuaa to species ranged from the head of plant taxa include mamaki, ’ohi’a, Poamoho Trail. These populations are Kukuiula (Pahole) Gulch to North Coprosma longifolia (pilo), Hedyotis found on private and State land leased Palawai Gulch (HHP 1994v1 to 1994v3, schlechtendahliana (kopa), Labordia by DOD for Kawailoa Training Area 1994v6, 1994v16, 1994v18 to 1994v20, kaalae (kamakahala), and Psychotria (HHP 1994u1 to 1994u3). The total 1994v22, 1994v31, 1994v33 to hathewayi (kopiko) (HHP 1994t1 to number is between 500 and 3,000 1994v36). In the Koolau Mountains, this 1994t4, 1994t7, 1994t14, 1994t15, individuals, with all but 5 to 10 of these species ranged from Pupukea-Kahuku 1994ee; Takeuchi 1992; Takeuchi and in a single, poorly defined population Trail to Palolo, almost the entire length Paquin (s.n.) 1985). (HHP 1994u2). Myrsine juddii typically of the Koolau Mountains (HHP 1994v4, The primary threats to Melicope saint- grows in wet forests dominated by ’ohi’a 1994v5, 1994v7 to 1994v15, 1994v17, johnii are habitat degradation and/or or a mixture of ’ohi’a and uluhe at 1994v21, 1994v23 to 1994v30, destruction by feral goats and pigs; elevations between 580 and 860 m 1994v32). The distribution of this potential predation by the black twig (1,900 and 2,820 ft) (HHP 1994u1 to species in the Waianae Mountains is borer; potential fire; and competition 1994u3). Associated plant taxa include now restricted to ten populations in the with alien plants such as Christmas ’uki, Cheirodendron trigynum (’olapa), southern part of the historical range— berry, firetree, Hamakua pamakani, Melicope clusiifolia (kolokolo from the ridge between Makaha and huehue haole, lantana, Maui pamakani, mokihana), Psychotria mariniana Waianae Kai to the south fork of North and silk oak (HHP 1994t3, 1994t4, (kopiko), Syzygium sandwicensis (’ohi’a Palawai Gulch (HHP 1994v2, 1994v3, 1994t13, 1994t14, 1994ee; J. Lau, pers. ha), and the proposed species 1994v6, 1994v19, 1994v20, 1994v31, comm. 1994). Chamaesyce rockii (HHP 1994u2). 1994v33 to 1994v36). The current Myrsine juddii was first described by The primary threats to Myrsine juddii distribution in the Koolau Mountains is Hosaka in 1940, based on a specimen he are habitat degradation and/or six populations scattered over a 10 km collected with Fosberg in the Koolau destruction by feral pigs, potential (6 mi) length of the summit—from Mountains. In an action not supported impacts from military activities, Kawainui Gulch in Kawailoa Training by other taxonomists, Otto and Isa competition with alien plants such as Area to South Kaukonahua drainage Degener (1971, 1975) transferred this Koster’s curse and strawberry guava, (HHP 1994v26 to 1994v30, 1994v32). species from Myrsine to the genus and a risk of extinction from naturally Approximately 150 to 200 individuals Rapanea. Hosaka’s concept of Myrsine occurring events and/or reduced remain in the 16 populations. These is currently followed (Wagner et al. reproductive vigor due to the small populations occur on Federal land in 1990). The specific epithet honors number of extant populations (HHP Lualualei Naval Reservation and Albert Judd, who had a keen interest in 1994u2, 1994u3; C. Russell, pers. comm. Schofield Barracks Military Reservation; conservation of the native Hawaiian 1994). State land, including Mount Kaala NAR; flora. In 1825, James Macrae, botanist on and private lands, including TNCH’s Myrsine juddii, a member of the H.M.S. Blonde, collected a plant on Honouliuli Preserve and land leased by myrsine family (Myrsinaceae), is a many Oahu that George Bentham described DOD for Kawailoa Training Area. branched shrub ranging from 1 to 2 m and named Phyllostegia hirsuta (Wagner Phyllostegia hirsuta is usually found on (3.5 to 6.6 ft) tall. The leathery leaves, et al. 1990). This species has been steep, shaded slopes in mesic to wet 4 to 12 cm (1.6 to 4.7 in) long and 1.5 maintained in the current treatment of forests dominated by ’ohi’a or a mixture to 3.2 cm (0.6 to 1.3 in) wide, are the Hawaiian members of the genus of ’ohi’a and uluhe between 600 and narrowly inverse lance-shaped or more (Wagner et al. 1990). 1,100 m (1,970 and 3,610 ft) elevation. elliptic. The upper leaf surface is Phyllostegia hirsuta, a member of the Associated plant taxa include ’ala’a, hairless, whereas the lower surface is mint family (Lamiaceae), is an erect kanawao, mamaki, pilo, Hedyotis sparsely to moderately covered with subshrub or vine with stems densely terminalis (manono), Myrsine short, coarse, stiff, whitish or brownish covered with coarse or stiff hairs. The lessertiana (kolea lau nui), and native hairs toward the base and along the wrinkled leaves are egg-shaped, and alien ferns (HHP 1994v2, 1994v3, midrib. The leaf base is broadly wedge- generally 17 to 30 cm (6.7 to 12 in) long, 1994v6, 1994v19, 1994v20, 1994v26 to shaped to heart-shaped, and the margins and 7.3 to 18 cm (2.9 to 7 in) wide. Both 1994v36). are smooth and curl under. The flowers leaf surfaces are moderately covered The primary threats to Phyllostegia are unisexual and the plants are with long, flat hairs. The upper surface hirsuta are habitat degradation and/or dioecious (male and female flowers are is inconspicuously dotted with glands, destruction by feral pigs; potential on separate plants). Flowers occur in while the lower surface is more densely impacts from military activities; and groups of four to eight in tight clusters glandulose. The egg-shaped floral bracts competition with Christmas berry, surrounded by small bracts. The are 3 to 6 mm (0.1 to 0.2 in) long. The huehue haole, Koster’s curse, lantana, yellowish green petals are narrowly flowers have two lips—the upper one is prickly Florida blackberry, and inverse lance-shaped, 2.8 to 3.2 mm (0.1 approximately 3 mm (0.1 in) long and strawberry guava (HHP 1994v2, 1994v3, in) long. The fleshy, round fruit the lower one is 5 to 7 mm (0.2 to 0.3 1994v19, 1994v27, 1994v29 to 1994v31, contains a single seed. This species is in) long. The tubular portion of the 1994v34 to 1994v36). distinguished from others in the genus flower is slightly curved. The corolla is Based upon a specimen collected in by the hairiness of the lower leaf surface white and usually purple-tinged on the 1977 by John Obata, Gerald Carr, and and the shape of the leaf base (Wagner upper lip. The fruit is a nutlet about 3 Daniel Palmer on Oahu, St. John (1987a) et al. 1990). In addition, the hairy leaves mm (0.1 in) long. This species is described Phyllostegia kaalaensis, Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51407 naming it for Mt. Kaala where it was Pritchardia kaalae, a member of the lance-shaped and conspicuously three- first collected. Publishing deadlines did palm family (Arecaceae), is a single- veined with a prominent midrib. The not allow the authors of the current stemmed palm up to 5 m (16 ft) tall. The flowering stalk is 3 to 11 cm (1.2 to 4.3 treatment of the family to review the waxy, hairless leaves are thin and in) long, with numerous unisexual more than 70 new species of papery or thick and leathery. Sometimes flowers in crowded clusters. The green Phyllostegia published by St. John in small points, dots, or linear, rusty scales sepals of the male flowers are 1987 (Wagner et al. 1990). Warren are scattered on the lower leaf surface. approximately 2.5 mm (0.1 in) long. The Wagner, however, concurs that The flowering stalks are composed of sepals of the female flowers, 1.5 to 2.2 Phyllostegia kaalaensis is a valid, one or more branches. The round fruits mm (0.06 to 0.09 in) long, are slightly taxonomically distinct species (Warren are approximately 2 cm (0.8 in) in shorter. The nectaries, about 0.5 to 1 Wagner, Smithsonian Institution, pers. diameter. Pritchardia kaalae is mm (0.02 to 0.04 in) long, are comm. 1994). distinguished from other members of inconspicuous. The capsular fruit is 2 to Phyllostegia kaalaensis, a member of the genus by the hairless or scaly leaves 2.5 mm (0.08 to 0.1 in) long. The species the mint family (Lamiaceae), is an herb. (Read and Hodel 1990). is distinguished from others of this The egg-shaped leaves are 5 to 13 cm (2 Historically Pritchardia kaalae was endemic Hawaiian genus by the length to 5 in) long. Usually six flowers are known from scattered populations in of the sepals and nectaries and the arranged along a flowering stalk. The the central and north-central Waianae flowering stalk exclusively with calyx is glabrous and 5 mm (0.2 in) long. Mountains of Oahu (Beccari and Rock stalkless glands (Wagner et al. 1990). The hairless corolla tube is 11 mm (0.4 1921, HHP 1994aa1 to 1994aa5). Historically Schiedea kealiae was in) long and the lower lip is 7 mm (0.3 Currently 5 populations are known known from the northern Waianae in) long (St. John 1987a). The species is between the Waianae Kai-Haleauau Mountains and one collection from the distinguished from others of the genus summit divide and the Makua-Keaau Palikea area, near the southern end of by the spreading, pointed teeth on the Ridge, totalling about 130 individuals. the same mountain range (HHP 1994bb1 leaf edges and by the hairs along the These populations are located on State to 1994bb6). Currently 3 populations margins of the calyx and bracts (Wagner land, including Mt. Kaala NAR and land totalling between 300 and 500 plants are et al. 1990). leased to DOD for Makua Military located on the cliffs above Dillingham Phyllostegia kaalaensis has been Reservation, and on Federal land on Airfield and Camp Erdman and at Kaena known from only five scattered Schofield Barracks Military Reservation Point at the northern end of the Waianae (HHP 1994aa1 to 1994aa5). Pritchardia Mountains. These populations occur on populations in the Waianae Mountains kaalae is typically found on steep slopes private land; State land, including land of Oahu (HHP 1994w1 to 1994w6). and gulches in mesic forest or shrubland leased by DOD (Kaena Military Fewer than 50 plants are known from 5 between elevations of 460 and 945 m Reservation); and Federal land on populations in Waianae Kai, Pahole (1,500 and 3,100 ft). Associated plant Dillingham Military Reservation (HHP Gulch, Ekahanui Gulch, and Palikea taxa include ’a’ali’i, kolea, ko’oko’olau, 1994bb1, 1994bb2, 1994bb4, 1994bb6; J. Gulch. These populations occur on State mamaki, na’ena’e, ’ohi’a, Eragrostis sp. Lau, pers. comm. 1994). Schiedea land, including Pahole and Mt. Kaala (kawelu), and Tetraplasandra sp. (’ohe) kealiae is usually found on steep slopes NARs and private land, including (HHP 1994aa1, 1994aa2, 1994aa4, and cliff faces at elevations from 60 to TNCH’s Honouliuli Preserve (HHP 1994aa5; Read and Hodel 1990). 305 m (200 to 1,000 ft), in dry remnant 1994w1 to 1994w6). This species is Habitat degradation by feral pigs and Erythrina sandwicensis (wiliwili) or found in mesic mixed (native/alien) goats; fruit predation by rats; potential aulu forest. Associated plant taxa forest or papala kepau-Sapindus impacts from military activities; the include alahe‘e, ko‘oko‘olau, Leucaena oahuensis (aulu) forest from 490 to 760 alien plants Christmas berry, Maui leucocephala (koa haole), Myoporum m (1,610 to 2,500 ft) in elevation. pamakani, and prickly Florida sandwicense (naio), and Sida fallax Associated plant taxa include huehue blackberry; potential fire; and a risk of (‘ilima) (HHP 1994bb1, 1994bb2, haole, ’ie’ie, opuhe, Claoxylon extinction from naturally occurring 1994bb4, 1994bb6; Wagner et al. 1990). sandwicense (po’ola), and Hibiscus sp. events and/or reduced reproductive The major threats to Schiedea kealiae (koki’o) (HHP 1994w2 to 1994w4, vigor due to the small number of are competition with alien plants 1994w6). populations are major threats to (Christmas berry and koa haole) and a Habitat degradation and/or Pritchardia kaalae (HHP 1994aa1, risk of extinction from naturally destruction by feral pigs; potential fire; 1994aa4, 1994aa5; C. Russell, pers. occurring events and/or reduced competition with the alien plants comm. 1994). reproductive vigor due to the small Christmas berry, huehue haole, Koster’s In 1936, Hosaka collected a specimen number of existing populations. The curse, and strawberry guava; and a risk of Schiedea kealiae on Oahu that he Kaena Point population is additionally of extinction from naturally occurring named for Kealia where it was collected threatened by naturally occurring rock events and/or reduced reproductive (Caum and Hosaka 1936). Schiedea slides and fire (HHP 1994bb1, 1994bb2, vigor, due to the small number of gregoriana is considered synonymous 1994bb4, 1994bb6; C. Russell, pers. populations and individuals, are the with S. kealiae by the authors of the comm. 1994). major threats to Phyllostegia kaalaensis current treatment of the family (Degener St. John (1982) described (HHP 1994w3 to 1994w5; C. Russell, 1936, Sherff 1945, Wagner et al. 1990). Trematolobelia singularis based on a pers. comm. 1994). Schiedea kealiae, a member of the specimen collected by John Obata in More than 75 years ago, Rock pink family (Caryophyllaceae), is a 1974. This species has been maintained collected a specimen from a palm on subshrub with weakly ascending to in the most recent treatment of this Mt. Kaala that he later named sprawling stems 0.2 to 0.5 m (0.7 to 1.6 endemic Hawaiian genus (Lammers Pritchardia kaalae (Beccari and Rock ft) long that form loose clumps. The 1990). The specific epithet refers to the 1921). Edward Caum (1930) later lower stems are smooth while the upper solitary flowering stalk. described Pritchardia kaalae var. stems and flowering stalk bear glands. Trematolobelia singularis, a member minima, which is not recognized in the The opposite leaves, 3 to 10 cm (1.2 to of the bellflower family, is an current treatment of Hawaiian members 4 in) long and 0.3 to 1.5 cm (0.1 to 0.6 unbranched shrub with stems 0.6 to 1.5 of the family (Read and Hodel 1990). in) wide, are lance-shaped to elliptic m (2 to 5 ft) long. The long and narrow 51408 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules leaves are 10 to 18 cm (4 to 7 in) long lateral ones 10 to 13.5 mm (0.4 to 0.5 in) be endangered in that document— and 1 to 1.8 cm (0.4 to 0.7 in) wide. The long, and the lower one 12 to 16 mm Cyanea humboldtiana (as Rollandia unbranched, erect flowering stalk is 20 (0.5 to 0.6 in) long. The capsules are 9 humboldtiana), Cyanea longiflora (as to 42 cm (8 to 16.5 in) long. The violet to 16 mm (0.4 to 0.6 in) long. This Rollandia sessilifolia), Cyanea st.-johnii petals are about 5 cm (0.2 in) long and species is distinguished from other (as Rollandia st.-johnii), Cyrtandra collectively form a three-lobed tube. The Hawaiian members of the genus by the dentata (also as C. frederickii), largest lobe is curved downward and the stipule characters, the length of the leaf Cyrtandra subumbellata (as C. other two are bent backward, giving the stalks, and the length and papery subumbellata var. intonsa), Delissea appearance of two lips. The capsules are texture of the leaves (Wagner et al. subcordata (as D. subcordata var. almost round and contain numerous 1990). subcordata and var. obtusifolia), small, wind-dispersed seeds. This Historically Viola oahuensis was Eragrostis fosbergii, Lobelia species differs from others of this known from 17 populations in the gaudichaudii ssp. koolauensis (as L. endemic Hawaiian genus by the Koolau Mountains of Oahu scattered gaudichaudii var. koolauensis), unbranched, erect flowering stalk over about a 37 km (23 mi) distance Melicope saint-johnii (as Pelea saint- (Lammers 1990). from Puu Kainapuaa to Palolo (HHP johnii var. elongata), Pritchardia kaalae Trematolobelia singularis has been 1994dd1 to 1994dd16; L. Mehrhoff, (as P. kaalae var. kaalae and var. reported only from the southern Koolau pers. comm. 1994). The 8 extant minima), Schiedea kealiae, and Viola Mountains (HHP 1994cc1 to 1994cc4). populations, which total fewer than 180 oahuensis. Two of the 25 taxa were Approximately 165 plants are known individuals, are now found from the considered to be threatened—Lobelia from three populations—Moanalua- Kawainui-Koloa summit divide to the monostachya (as L. hillebrandii var. Tripler Ridge summit to Puu Waimalu-Koolaupoko divide over a 20 monostachya) and Phyllostegia hirsuta Keahiakahoe, Konahuanui, and Puu km (12 mi) distance. These populations (as P. hirsuta var. hirsuta and var. Lanipo. These populations are found on are found on Federal land; State land, laxior). On July 1, 1975, the Service private, City and County of Honolulu, including land leased by DOD for published a notice in the Federal State, and Federal land (Omega Coast Kawailoa Training Area; City and Register (40 FR 27823) of its acceptance Guard Station) (HHP 1994cc1 to County of Honolulu land; and private of the Smithsonian report as a petition 1994cc4, Lammers 1990). This species land, including land leased by DOD for within the context of section 4(c)(2) usually grows on steep, windswept cliff Kawailoa Training Area (HHP 1994dd5, (now section 4(b)(3)) of the Act, and faces or slopes in ‘ohi‘a-uluhe lowland 1994dd9 to 1994dd13, 1994dd15, giving notice of its intent to review the wet shrubland from 700 to 960 m (2,300 1994dd16). Further to the south, at the status of the plant taxa named therein. to 3,150 ft) elevation. Associated plant summit of Moanalua, a single plant last As a result of that review, on June 16, taxa include ‘akia, hapu‘u, kanawao, seen alive in 1991 has since died (L. 1976, the Service published a proposed and na‘ena‘e pua melemele (HHP Mehrhoff, pers. comm. 1994). Viola rule in the Federal Register (41 FR 1994cc1 to 1994cc3, Lammers 1990, oahuensis is generally found on 24523) to determine endangered status Obata 1988, St. John 1982). exposed, windswept ridges of moderate pursuant to section 4 of the Act for Habitat degradation by feral pigs, to steep slope in wet ‘ohi‘a-uluhe approximately 1,700 vascular plant potential predation by rats, competition shrublands from 700 to 850 m (2,300 to species. The list of 1,700 plant taxa was with the aggressive alien plant Koster’s 2,800 ft) elevation. This species assembled on the basis of comments and curse, and a risk of extinction from typically grows among wind-stunted data received by the Smithsonian naturally occurring events and/or na‘ena‘e pua melemele, ‘uki, Sadleria Institution and the Service in response reduced reproductive vigor due to the sp. (‘ama‘u), ‘ohi‘a ha, and Vaccinium to House Document No. 94–51 and the small number of extant populations are sp. (‘ohelo) (HHP 1994dd5, 1994dd9 to July 1, 1975, Federal Register serious threats to Trematolobelia 1994dd16). singularis (HHP 1994cc1, 1994cc2, The primary threats to Viola publication. 1994cc4; J. Lau, C. Russell, and J. oahuensis are habitat degradation and/ General comments received in Yoshioka, pers. comms. 1994). or destruction by feral pigs; potential response to the 1976 proposal are Forbes described Viola oahuensis in impacts from military activities; summarized in an April 26, 1978, 1909, based on a specimen he collected competition with Koster’s curse, Federal Register publication (43 FR with Rock in the Koolau Mountains. strawberry guava, Paspalum 17909). In 1978, amendments to the Act This species has been maintained in the conjugatum (Hilo grass), and required that all proposals over two most recent treatment of Hawaiian Sacciolepis indica (Glenwood grass); years old be withdrawn. A one-year members of this genus (Wagner et al. and a risk of extinction from naturally grace period was given to proposals 1990). occurring events and/or reduced already over two years old. On Viola oahuensis, a member of the reproductive vigor due to the small December 10, 1979, the Service violet family (Violaceae), is usually an number of populations (HHP 1994dd5, published a notice in the Federal erect, unbranched subshrub 6 to 40 cm 1994dd9, 1994dd12, 1994dd13). Register (44 FR 70796) withdrawing the (2.4 to 16 in) tall. The papery-textured portion of the June 16, 1976, proposal leaves are usually 3 to 12 cm (1.2 to 4.7 Previous Federal Action that had not been made final, along with in) long, 2.5 to 5.8 cm (1 to 2.3 in) wide, Federal action on these plants began four other proposals that had expired. and elliptic-egg-shaped to elliptic. The as a result of section 12 of the The Service published an updated leaf stalks are typically 0.5 to 1 cm (0.2 Endangered Species Act (16 U.S.C. notice of review for plants on December to 0.4 in) long. The narrowly triangular 1533), which directed the Secretary of 15, 1980 (45 FR 82479), September 27, stipules are usually 10 to 15 mm (0.4 to the Smithsonian Institution to prepare a 1985 (50 FR 39525), February 21, 1990 0.6 in) long, 3.5 to 6 mm (0.1 to 0.2 in) report on plants considered to be (55 FR 6183), and September 30, 1993 wide, and have fringed edges. One to endangered or threatened in the United (58 FR 51144). Sixteen of the taxa in this two flowers are borne on stalks typically States. This report, designated as House proposal (including synonymous taxa) 25 to 60 mm (1 to 2.4 in) long. The Document No. 94–51, was presented to have at one time or another been petals are pale yellow, the upper ones Congress on January 9, 1975. Twelve of considered Category 1 or Category 2 8 to 13 mm (0.3 to 0.5 in) long, the the 25 proposed taxa were considered to candidates for Federal listing. Category Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51409
1 species are those for which the Service Category 1* species in the 1985 notice. kaalaensis), are sufficiently restricted in has on file substantial information on Category 1* species are those which are numbers and distribution and biological vulnerability and threats to possibly extinct. imminently threatened and therefore support preparation of listing proposals In the 1990 and 1993 notices, warrant listing. but for which listing proposals have not Cyrtandra subumbellata, Labordia Section 4(b)(3)(B) of the Act requires yet been published because they are cyrtandrae, Lepidium arbuscula, the Secretary to make findings on precluded by other listing activities. Trematolobelia singularis, and Viola petitions that present substantial oahuensis were considered Category 2 Category 2 species are those for which information indicating the petitioned species. Eragrostis fosbergii was listing as endangered or threatened is action may be warranted within 12 considered a Category 1* species in the possibly appropriate, but for which months of their receipt. Section 2(b)(1) 1990 notice, a category which was sufficient data on biological of the 1982 amendments further redefined as 2* in the 1993 notice. vulnerability and threats are not requires all petitions pending on Lobelia monostachya was considered a currently available to support proposed October 13, 1982, be treated as having Category 3A species in 1990. Category rules. Cyanea humboldtiana (as been newly submitted on that date. On 3A species are those for which the Rollandia humboldtiana), Cyanea October 13, 1983, the Service found that Service has persuasive evidence of longifolia (as Rollandia sessilifolia), the petitioned listing of these taxa was extinction. Five species, Cyanea Cyanea st.-johnii (as Rollandia st.- humboldtiana (as Rollandia warranted, but precluded by other johnii), Cyrtandra dentata (also as C. humboldtiana), Cyanea st.-johnii (as pending listing actions, in accordance frederickii), Cyrtandra subumbellata (as Rollandia st.-johnii), Cyrtandra dentata, with section 4(b)(3)(B)(iii) of the Act. C. subumbellata var. intonsa), Eragrostis Melicope saint-johnii, and Phyllostegia Notification of this finding was fosbergii, Lobelia gaudichaudii ssp. hirsuta, were considered more abundant published on January 20, 1984 (49 FR koolauensis (as L. gaudichaudii var. than previously thought and moved to 2485). Such a finding requires the koolauensis), Melicope saint-johnii (as Category 3C in the 1990 notice. In the Service to consider the petition as Pelea saint-johnii), and Viola oahuensis 1990 notice, Rollandia sessilifolia was having been resubmitted, pursuant to were considered Category 1 species in considered a Category 3B species section 4(b)(3)(C)(i) of the Act. The the 1980 and 1985 notices of review. because it was merged with Cyanea finding was reviewed in October of 1984 One taxon, Phyllostegia hirsuta, was longiflora (as Rollandia longiflora), a through 1993. Publication of the present considered a Category 1 species in the taxon not considered to warrant listing. proposal constitutes the final one-year 1980 notice and a Category 2 species in Category 3B species are those that do finding for these taxa. the 1985 notice. Three taxa, Delissea not represent distinct taxa. Lobelia Summary of Factors Affecting the subcordata (as D. subcordata ssp. gaudichaudii var. koolauensis was Species subcordata and ssp. obtusifolia), elevated to Lobelia gaudichaudii ssp. Pritchardia kaalae (as P. kaalae var. koolauensis and considered a Category Section 4 of the Endangered Species kaalae and var. minima), and Schiedea 3B species in the 1990 notice. Cyrtandra Act and regulations (50 CFR part 424) kealiae, were considered Category 3C viridiflora and Myrsine juddii were promulgated to implement the listing taxa in the 1980 and 1985 notices. considered Category 2 species in the provisions of the Act set forth the Category 3C species are those that have 1993 notice. Since the 1993 notice, new procedures for adding species to the proven to be more abundant or information suggests that the above Federal lists of endangered and widespread than previously believed Category 2, Category 3A, and Category threatened species. A species may be and/or are not subject to any identifiable 3C species, as well as eight additional determined to be an endangered or threat. Lobelia monostachya (as Lobelia taxa (Chamaesyce herbstii, Chamaesyce threatened species due to one or more hillebrandii var. monostachya) was rockii, Cyanea acuminata, Cyanea of the five factors described in section considered a Category 1 species and koolauensis, Cyanea longiflora, 4(a)(1). The threats facing the 25 taxa in Lepidium arbuscula (misspelled as Gardenia mannii, Lobelia gaudichaudii this proposed rule are summarized in Lepidium arbusculum) was considered a ssp. koolauensis, and Phyllostegia Table 1.
TABLE 1.ÐSUMMARY OF THREATS
Alien mammals Sub- Species Alien strate Fire Human Insects Limited Goats Pigs Rats plants loss impacts Nos.*
Chamaesyce herbstii ...... X ...... X ...... P ...... X1 Chamaesyce rockii ...... X ...... X ...... P Cyanea acuminata ...... X P X ...... P ...... X3 Cyanea humboldtiana ...... X P x ...... X ...... X1 Cyanea koolauensis ...... X P X ...... X ...... X3 Cyanea longiflora ...... X P X ...... P P ...... X1 Cyanea st.-johnii ...... X P X ...... X ...... X1.3 Cyrtandra dentata ...... P X ...... P ...... X1.3 Cyrtandra subumbellata ...... P X ...... P P ...... X1.3 Cyrtandra viridiflora ...... X P X ...... P ...... X1.2 Delissea subcordata ...... X X P X ...... P X ...... X3 Eragrostis fosbergii ...... X X ...... X ...... X ...... X1.2 Gardenia mannii ...... X ...... X ...... P P X X3 Labordia cyrtrandrae ...... X ...... X ...... P P ...... X1.2 Lepidium arbuscula ...... X ...... X ...... P X ...... Lobelia gaudichaudii ssp. koolauensis ...... X P X ...... X ...... X ...... X1 Lobelia monostachya ...... X X ...... X1.2 Melicope saint-johnii ...... X ...... X ...... X ...... P ...... P 51410 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
TABLE 1.ÐSUMMARY OF THREATSÐContinued
Alien mammals Sub- Species Alien strate Fire Human Insects Limited Goats Pigs Rats plants loss impacts Nos.*
Myrsine juddii ...... X ...... X ...... P ...... X1 Phyllostegia hirsuta ...... X ...... X ...... P P ...... Phyllostegia kaalaensis ...... X ...... X ...... P ...... X1.3 Pritchardia kaalae ...... X X X X ...... P P ...... X1 Schiedea kealiae ...... X ...... X P ...... X1 Trematolobelia singularis ...... X P X ...... X1 Viola oahuensis ...... X ...... X ...... P X1 Key X=Immediate and significant threat. P=Potential threat. *=No more than 100 individuals and/or no more than 5 populations. 1=No more than 5 populations. 2=No more than 10 individuals. 3=No more than 100 individuals.
The factors and their application to threatened destruction and adverse cattleianum (strawberry guava) and Chamaesyce herbstii W.L. Wagner modification of habitat by feral animals Schinus terebinthifolius (Christmas (‘akoko), Chamaesyce rockii (C. Forbes) and competition with alien plants (see berry), and enhance populations of Croizat & Degener (‘akoko), Cyanea Factor E). Rubus argutus (prickly Florida acuminata (Gaud.) Hillebr. (haha), Twenty-one of the 25 proposed taxa blackberry), which threaten several of Cyanea humboldtiana (Gaud.) Lammers, are variously threatened by feral the proposed taxa (Cuddihy and Stone Givnish & Sytsma (haha), Cyanea animals (see Table 1). Animals such as 1990, Smith 1985, Stone 1985). Feral koolauensis Lammers, Givnish & Sytsma pigs (Sus scrofa) and goats (Capra pigs also feed on the starchy interiors of (haha), Cyanea longiflora (Wawra) hircus) were introduced by the early tree ferns (Cibotium sp.) and other Lammers, Givnish & Sytsma (haha), Hawaiians (pigs) or more recently by succulent-stemmed plants (see Factor Cyanea st.-johnii (Hosaka) Lammers, European settlers (goats) for food and/or C). Feral pigs pose an immediate threat Givnish & Sytsma (haha), Cyrtandra commercial ranching activities. Over the to one or more populations of 20 of the dentata St. John & Storey (ha‘iwale), 200 years following their introduction, proposed taxa, including the only Cyrtandra subumbellata (Hillebr.) St. their numbers increased and the adverse known population of Lobelia John & Storey (ha‘iwale), Cyrtandra impacts of feral ungulates on native gaudichaudii ssp. koolauensis (see viridiflora St. John & Storey (ha‘iwale), vegetation have become increasingly Table 1) (HHP 1994c2, 1994c3, 1994d1 Delissea subcordata Gaud. (‘oha), apparent. Beyond the direct effect of to 1994d5, 1994d7, 1994d8, 1994d11, Eragrostis fosbergii Whitney (No trampling and grazing native plants, 1994e1 to 1994e4, 1994e7, 1994e10 to common name (NCN)), Gardenia mannii feral ungulates have contributed 1994e12, 1994f1, 1994f2, 1994g1 to St. John & Kuykendall (nanu), Labordia significantly to the heavy erosion still 1994g4, 1994g22, 1994h1, 1994h12 to cyrtandrae (Baill.) St. John taking place on most of the main 1994h14, 1994i7, 1994i10, 1994L5, (kamakahala), Lepidium arbuscula Hawaiian Islands (Cuddihy and Stone 1994L6, 1994m20, 1994m22, 1994n3, Hillebr. (‘anaunau), Lobelia 1990). 1994n5, 1994o1, 1994o13, 1994o35, gaudichaudii ssp. koolauensis (Hosaka Pigs, which were originally native to 1994o37, 1994o38, 1994o43, 1994o44, & Fosb.) Lammers (NCN), Lobelia Europe, northern Africa, Asia Minor, 1994o46, 1994p14, 1994p16, 1994s1, monostachya (Rock) Lammers (NCN), and Asia, were introduced into Hawaii 1994t3, 1994t4, 1994t13, 1994u2, Melicope saint-johnii (E. Hume) T. by the Polynesians. European pigs, 1994u3, 1994v27, 1994v29, 1994v30, Hartley & B. Stone (alani), Myrsine introduced to Hawaii by Captain James 1994v34 to 1994v36, 1994w3 to juddii Hosaka (kolea), Phyllostegia Cook in 1778, escaped domestication 1994w5, 1994aa4, 1994cc1, 1994dd5, hirsuta Benth. (NCN), Phyllostegia and invaded primarily wet and mesic 1994dd12, 1994dd13, 1994ee; J. Lau, kaalaensis St. John (NCN), Pritchardia forests and grasslands of the islands of pers. comm. 1994). kaalae Rock (loulu), Schiedea kealiae Kauai, Oahu, Molokai, Maui, and Goats, originally native to the Middle Caum & Hosaka (NCN), Trematolobelia Hawaii. The pigs introduced by the East and India, were successfully singularis St. John (NCN), and Viola Polynesians were apparently smaller introduced to the Hawaiian Islands in oahuensis C. Forbes (NCN) are as and less destructive to native plants 1792. Feral goats now occupy a wide follows: than the European pigs. In addition, it variety of habitats from lowland dry A. The present or threatened appears that Polynesian pigs were forests to montane grasslands on Kauai, destruction, modification, or maintained in domestication and were Oahu, Molokai, Maui, and Hawaii, curtailment of its habitat or range. not allowed to establish feral where they consume native vegetation, Native vegetation on Oahu has populations. While foraging, pigs root which may include the proposed taxa undergone extreme alteration because of and trample the forest floor, (see Factor C), trample roots and past and present land management encouraging the establishment of alien seedlings, accelerate erosion, and practices including ranching, deliberate plants in the newly disturbed soil. Pigs promote the invasion of alien plants alien animal and plant introductions, also disseminate alien plant seeds (Stone 1985, van Riper and van Riper agricultural development, military use, through their feces and on their bodies, 1982). On Oahu, the goat population in and recreational use (Cuddihy and accelerating the spread of alien plants the Waianae Mountains area is Stone 1990, Wagner et al. 1985). The through native forest (Cuddihy and apparently increasing, becoming an primary threats facing the 25 plant taxa Stone 1990, Stone 1985). Pigs are a even greater threat to the rare plants that proposed for listing are ongoing and major vector in the spread of Psidium grow there (J. Lau, pers. comm. 1994). Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51411
One or more populations of five of the overcollection, trampling, and/or road been reported, none of those plants are proposed taxa, including Delissea maintenance (HHP 1994g22, 1994i9, known to be unpalatable. Direct subcordata, Eragrostis fosbergii, one of 1994n3 to 1994n6; L. Mehrhoff, pers. predation by goats is therefore a the largest populations of Lepidium comm. 1994). possible threat to those five taxa (HHP arbuscula, the largest population of C. Disease and predation. Disease is 1994m20, 1994n5, 1994n6, 1994q5, Melicope saint-johnii, and more than not known to be a significant threat to 1994q8, 1994q11, 1994t14, 1994aa2, half of the individuals of Pritchardia any of the proposed taxa. However, a 1994aa4, 1994ee). kaalae, are currently threatened by tiny beetle, the black twig borer Two rat species, the black rat (Rattus direct damage from feral goats, such as (Xylosandrus compactus), is known to rattus) and the Polynesian rat (Rattus trampling of plants and seedlings and infest a wide variety of common plant exulans), and to a lesser extent other erosion of substrate (Culliney 1988; taxa, including Melicope in the Koolau introduced rodents, eat large, fleshy HHP 1994m20, 1994n5, 1994n6, Mountains (Davis 1970). The black twig fruits and strip the bark of some native 1994q5, 1994q8, 1994q9, 1994q11, borer burrows into branches, introduces plants, particularly fruits of the native 1994t14, 1994aa2, 1994aa4, 1994ee; a pathogenic fungus as food for its palms (Pritchardia) and plants in the Scott et al. 1986; van Riper and van larvae, and lays its eggs. Twigs, bellflower and African violet families Riper 1982). branches, and even entire plants can be that have fleshy stems and fruits Habitat disturbance caused by human killed from an infestation. In the (Cuddihy and Stone 1990; Tomich 1986; activities may pose a threat to rare plant Hawaiian Islands, the black twig borer Wagner et al. 1985; J. Lau, pers. comm. populations that grow on lands on has many hosts, disperses easily, and is 1994). Rat predation on fruits threatens which military training exercises and probably present at most elevations up the largest population of Pritchardia ground maneuvers are occasionally to 670 m (2,500 ft) (Howarth 1985). In kaalae, as indicated by the lack of conducted. However, as most of the the Koolau Mountains, the black twig reproduction and seedlings (HHP proposed taxa grow on moderate to borer is known to threaten the Kapakahi 1994aa2). Rat damage has also been steep slopes, ridges, and gulches, habitat Gulch population of Gardenia mannii. observed in the only known population disturbance is probably restricted to foot The black twig borer occurs throughout of Lobelia monostachya (HHP 1994ff). It and helicopter traffic. Trampling by the Waianae Mountains and therefore is possible that rats eat the fruits of 11 ground troops associated with training may pose a threat to all Melicope saint- other proposed taxa, all of which activities, and construction, johnii plants that occur there (HHP produce fleshy fruits and stems, and maintenance, and utilization of 1994o41, 1994t1 to 1994t4, 1994t7, grow in areas where rats occur—Cyanea helicopter landing and drop-off sites 1994t13, 1994t14; J. Lau, pers. comm. acuminata, C. humboldtiana, C. could affect populations of 14 of the 1994). koolauensis, C. longiflora, C. st.-johnii, proposed taxa (Chamaesyce rockii, Of the ungulates introduced to Oahu, Cyrtandra dentata, C. subumbellata, C. Cyanea acuminata, Cyanea koolauensis, pigs are currently the most significant viridiflora, Delissea subcordata, Lobelia Cyanea longiflora, Cyrtandra modifiers of native forests (Cuddihy and gaudichaudii ssp. koolauensis, and subumbellata, Cyrtandra viridiflora, Stone 1990, Stone 1985). Not only do Trematolobelia singularis (J. Lau and Delissea subcordata, Gardenia mannii, they destroy native vegetation through Joan Yoshioka, pers. comms. 1994). Labordia cyrtandrae, Lepidium their rooting activities and dispersal of D. The inadequacy of existing arbuscula, Myrsine juddii, Phyllostegia alien plant seeds (see Factor A), but pigs regulatory mechanisms. Of the 25 hirsuta, Pritchardia kaalae, and Viola also feed on plants, preferring the pithy proposed taxa, 20 have populations oahuensis) that occur on land leased or interior of large tree ferns and fleshy- located on private land, 22 on State owned by the U.S. Army (HHP 1994d2, stemmed plants from the bellflower land, 10 on City and County of 1994d4, 1994d5, 1994e2 to 1994e5, family (Stone 1985, Stone and Loope Honolulu land, and 18 on land under 1994e7, 1994g1 to 1994g3, 1994g22, 1987). Although there is no conclusive Federal jurisdiction. Of those under 1994h12 to 1994h14, 1994k6, 1994L4, evidence of predation on the eight Federal jurisdiction, 14 taxa have 1994L6, 1994L7, 1994m7, 1994m9 to members of the bellflower family populations that occur on land owned 1994m11, 1994o1, 1994o2, 1994o4, included in this proposal, none of them by the Federal government and 15 have 1994o13, 1994o18, 1994o37 to 1994o40, are known to be unpalatable to pigs. populations on land leased to the 1994o43, 1994o44, 1994p2, 1994p14 to Pigs have definitely eaten federally Federal government by State, City and 1994p16, 1994q7 to 1994q9, 1994u1 to endangered Cyanea crispa plants County of Honolulu, and/or private 1994u3, 1994v2, 1994v19, 1994v26, immediately adjacent to Cyanea parties. While 22 of the taxa occur in 1994v30, 1994v32, 1994v33, 1994aa2, acuminata plants. Predation is therefore more than one of those 3 ownership 1994aa5, 1994dd5, 1994dd9, 1994dd10, a probable threat to Cyanea acuminata, categories, the other 3 taxa are restricted 1994dd12, 1994dd15, 1994dd16; C. humboldtiana, C. koolauensis, C. to a single category—Lobelia Wagner et al. 1985). longiflora, C. st.-johnii, Delissea gaudichaudii ssp. koolauensis is found B. Overutilization for commercial, subcordata, Lobelia gaudichaudii ssp. only on private land, Lobelia recreational, scientific, or educational koolauensis, Lobelia monostachya, and monostachya is found only on State purposes. Overutilization is not a Trematolobelia singularis in areas land, and Labordia cyrtandrae is found known factor, but unrestricted where pigs have been reported (J. Lau only on Federal land. collecting for scientific or horticultural and J. Yoshioka, pers. comm. 1994). There are no State laws or existing purposes and excessive visits by Predation of Hawaii’s native regulatory mechanisms at the present individuals interested in seeing rare vegetation by goats and the extensive time to protect or prevent further plants could seriously impact all of the damage caused by them have been well decline of these plants on private land. proposed taxa, but especially Cyanea documented (Tomich 1986, van Riper However, Federal listing would koolauensis, C. st.-johnii, Eragrostis and van Riper 1982). Although there is automatically invoke listing under fosbergii, and Lobelia gaudichaudii ssp. no evidence of predation on Delissea Hawaii State law. Hawaii’s Endangered koolauensis, which have populations subcordata, Eragrostis fosbergii, Species Act states, ‘‘Any species of close to trails or roads and are thus Lepidium arbuscula, Melicope saint- aquatic life, wildlife, or land plant that easily accessible to collectors, and johnii, and Pritchardia kaalae, all of has been determined to be an therefore possibly threatened by which occur in areas where goats have endangered species pursuant to the 51412 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
[Federal] Endangered Species Act shall endangered species of individual plants blackberry), Lantana camara (lantana), be deemed to be an endangered species and animals * * *’’ (HRS, sect. 344– and Grevillea robusta (silk oak). under the provisions of this chapter 4(3)(A)). Federal listing, because it Koster’s curse, a noxious shrub native ** *’’ (Hawaii Revised Statutes (HRS), automatically invokes State listing, to tropical America, is found in mesic sect. 195D–4(a)). The State law prohibits would also implement these other State to wet forests on at least six islands in taking a listed species on private and regulations protecting the plants. Hawaii (Almeda 1990, DOA 1981, Smith State lands and encourages conservation State laws relating to the conservation 1992). Koster’s curse was first reported by State government agencies. In of biological resources allow for the on Oahu in 1941 and had spread addition, State regulations specifically acquisition of land as well as the through much of the Koolau Mountains prohibit the removal, destruction, or development and implementation of by the early 1960’s. Koster’s curse damage of plants found on State lands. programs concerning the conservation spread to the Waianae Mountains However, the regulations are difficult to of biological resources (HRS, sect. around 1970 and is now widespread enforce because of limited personnel. 195D–5(a)). The State also may enter throughout the southern half of that Seven of the proposed taxa have one into agreements with Federal agencies mountain range. This noxious pest or more populations in NARs, which to administer and manage any area forms a dense understory, shading out have rules and regulations for the required for the conservation, other plants and hindering plant protection of resources (HRS, sect. 195– management, enhancement, or regeneration, and is considered the 5). Almost all populations of the 25 protection of endangered species (HRS, major alien plant threat in the Koolau sect. 195D–5(c)). If listing were to occur, Mountains (Cuddihy and Stone 1990). proposed taxa are located on land funds for these activities could be made At present, Koster’s curse threatens classified within conservation districts available under section 6 of the Act populations of 18 of the proposed taxa— and owned by the State of Hawaii or (State Cooperative Agreements). The Chamaesyce rockii, Cyanea acuminata, private companies or individuals. Hawaii Department of Land and Natural Cyanea humboldtiana, Cyanea Regardless of the owner, lands in these Resources is mandated to initiate koolauensis, Cyanea longiflora, Cyanea districts, among other purposes, are changes in conservation district st.-johnii, Cyrtandra dentata, Cyrtandra regarded as necessary for the protection boundaries to include ‘‘the habitat of subumbellata, Cyrtandra viridiflora, of endemic biological resources and the rare native species of flora and fauna Delissea subcordata, Gardenia mannii, maintenance or enhancement of the within the conservation district’’ (HRS, Labordia cyrtandrae, Lobelia conservation of natural resources. sect. 195D–5.1). gaudichaudii ssp. koolauensis, Myrsine Activities permitted in conservation Twenty-one of the proposed taxa are juddii, Phyllostegia hirsuta, Phyllostegia districts must not be detrimental to a threatened by four plants considered by kaalaensis, Trematolobelia singularis, multiple use conservation concept and the State of Hawaii to be noxious and Viola oahuensis (HHP 1994d1 to shall conserve threatened or endangered weeds—Ageratina adenophora (Maui 1994d5, 1994d7, 1994d8, 1994d11, plants (HRS, sect. 205–2). Some uses, pamakani), Ageratina riparia (Hamakua 1994e1 to 1994e4, 1994e7, 1994e8, such as maintaining animals for pamakani), Clidemia hirta (Koster’s 1994e10 to 1994e12, 1994e20, 1994f1, hunting, are based on policy decisions, curse), and Myrica faya (firetree). The 1994f2, 1994g1 to 1994g4, 1994g22, while others, such as preservation of State has provisions and funding 1994h12 to 1994h14, 1994i7, 1994i9, endangered species, are mandated by available for eradication and control of 1994i10, 1994j6, 1994k6, 1994L4 to both Federal and State laws. Requests noxious weeds on State and private land 1994L6, 1994m1, 1994o1, 1994o13, for amendments to district boundaries in conservation districts and other areas 1994o14, 1994o35, 1994o38 to 1994o40, or variances within existing (HRS, chapt. 152; Hawaii Department of 1994o42 to 1994o44, 1994o46, 1994p14, classifications can be made by Agriculture (DOA) 1981). 1994s1, 1994u2, 1994u3, 1994v19, government agencies and private Listing of these 25 plant taxa would 1994v27, 1994v29, 1994v30, 1994w3, landowners (HRS, sect. 205–4). Before reinforce and supplement the protection 1994cc2, 1994cc4, 1994dd9, 1994dd12, decisions about these requests are made, available under the State Act and other 1994dd13; Takeuchi & Shimabukuro the impact of the proposed laws. The Federal Act would offer (s.n.) 1987; Takeuchi (2410) 1985). reclassification on ‘‘preservation or additional protection to these 25 taxa Strawberry guava, a tree native to maintenance of important natural because, if they were to be listed as tropical America, has become widely systems or habitat’’ (HRS, sects. 205–4, endangered or threatened, it would be a naturalized on all of the main islands, 205–17) as well as the maintenance of violation of the Act for any person to forming dense stands that exclude other natural resources is required to be taken remove, cut, dig up, damage, or destroy plant species in disturbed areas into account (HRS, sects. 205–2, 205–4). any such plant in an area not under (Cuddihy and Stone 1990). Strawberry Before any proposed land use that will Federal jurisdiction in knowing guava grows primarily in mesic and wet occur on State land, is funded in part or violation of State law or regulation or in habitats and is dispersed mainly by feral whole by county or State funds, or will the course of any violation of a State pigs and fruit-eating birds (Smith 1985, occur within land classified as criminal trespass law. Wagner et al. 1990). Strawberry guava is conservation district, an environmental E. Other natural or manmade factors considered to be one of the greatest assessment is required to determine affecting its continued existence. All of alien plant threats to Hawaiian rain whether or not the environment will be the 25 taxa being proposed for listing forests and threatens populations of 15 significantly affected (HRS, chapt. 343). are threatened by competition with 1 or of the proposed taxa—Chamaesyce If it is found that an action will have a more alien plant species (see Table 1). herbstii, Chamaesyce rockii, Cyanea significant effect, preparation of a full The most significant of these appear to koolauensis, Cyanea longiflora, Environmental Impact Statement is be Clidemia hirta (Koster’s curse), Cyrtandra dentata, Cyrtandra required. Hawaii environmental policy, Psidium cattleianum (strawberry guava), viridiflora, Delissea subcordata, and thus approval of land use, is Schinus terebinthifolius (Christmas Eragrostis fosbergii, Gardenia mannii, required by law to safeguard ‘‘* * * the berry), Ageratina adenophora (Maui Labordia cyrtandrae, Lepidium State’s unique natural environmental pamakani), Ageratina riparia (Hamakua arbuscula, Myrsine juddii, Phyllostegia characteristics * * *’’ (HRS, sect. 344– pamakani), Passiflora suberosa (huehue hirsuta, Phyllostegia kaalaensis, and 3(1)) and includes guidelines to ‘‘protect haole), Rubus argutus (prickly Florida Viola oahuensis (HHP 1994c2, 1994c3, Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51413
1994d5, 1994g1, 1994g5, 1994h1, Prickly Florida blackberry was the only known population of Lobelia 1994h12 to 1994h14, 1994j6, 1994L4 to introduced to the Hawaiian Islands in monostachya (HHP 1994q4, 1994q5, 1994L6, 1994m7, 1994n4, 1994o1, the late 1800’s from the continental U.S. 1994q11, 1994ff). 1994o13, 1994o37, 1994o38, 1994o44, (Haselwood and Motter 1983). The fruits Myrica faya (firetree), native to the 1994o46, 1994p15, 1994p16, 1994q7, are easily spread by birds to open areas Azores, Madeira, and the Canary 1994q11, 1994u2, 1994u3, 1994v27, such as disturbed mesic or wet forests, Islands, was introduced to Hawaii 1994v36, 1994w3, 1994dd9, 1994dd12; where the species forms dense, before 1900 for wine-making, firewood, Smith 1985). impenetrable thickets (Smith 1985). In or as an ornamental. Firetree was Christmas berry, introduced to Hawaii the Waianae Mountains, populations of planted in forest reserves in the 1920’s. before 1911, is a fast-growing tree or five of the proposed taxa are threatened By the mid-1980’s, firetree had infested shrub that invade mesic to wet lowland by this noxious weed—Cyanea over 34,000 hectares (84,000 acres) areas of the major Hawaiian Islands longiflora, Gardenia mannii, Labordia throughout the State, with the largest (Wagner et al. 1990). Christmas berry is cyrtandrae, Phyllostegia hirsuta, and infestations on the island of Hawaii. It distributed mainly by feral pigs and Pritchardia kaalae (HHP 1994h1, is now considered a noxious weed fruit-eating birds and forms dense 1994o1, 1994p14, 1994p15, 1994v2, (Cuddihy and Stone 1990, DOA 1981). thickets that shade out and displace 1994v3, 1994aa5). Firetree can form a dense stand with no other plants (Cuddihy and Stone 1990, Lantana, native to the West Indies, is ground cover beneath the canopy. This Smith 1985, Stone 1985). It is a an aggressive, thicket-forming shrub that lack of ground cover may be due to pervasive threat in the Koolau and produces chemicals that inhibit the dense shading or to chemicals released Waianae Mountains and threatens one growth of other plant species. Lantana is by firetree that prevent other species or more populations of Chamaesyce now found on all of the main Hawaiian from growing. Firetree also fixes herbstii, Cyanea acuminata, Delissea islands in mesic forests, dry shrublands, nitrogen and increases nitrogen levels in subcordata, Eragrostis fosbergii, and other dry, disturbed habitats Hawaii’s typically nitrogen-poor Labordia cyrtandrae, Lepidium (Cuddihy and Stone 1990, Smith 1985, volcanic soils. This may encourage the arbuscula, Lobelia monostachya, Wagner et al. 1990). In the Waianae invasion of alien plants that would not Melicope saint-johnii, Phyllostegia Mountains, lantana negatively affects otherwise be able to grow as well as hirsuta, Phyllostegia kaalaensis, populations of four of the proposed native species in Hawaii’s low-nitrogen Pritchardia kaalae, and Schiedea taxa—Delissea subcordata, Lepidium soils (Cuddihy and Stone 1990). Firetree kealiae (HHP 1994c1, 1994c2, 1994c4, arbuscula, Melicope saint-johnii, and threatens Melicope saint-johnii and one 1994e11, 1994m1, 1994m7, 1994n4, Phyllostegia hirsuta (HHP 1994q5, of the largest populations of Lepidium 1994p16, 1994q4, 1994q5, 1994q7, 1994q10, 1994t13, 1994v19, 1994v31; arbuscula (HHP 1994q11, 1994t14). Takeuchi and Shimabukuro (s.n.) 1987). The perennial grass Paspalum 1994q9 to 1994q11, 1994t3, 1994t4, Silk oak, native to Queensland and conjugatum (Hilo grass) has become 1994t13, 1994t14, 1994v19, 1994v31, New South Wales, Australia, was naturalized in moist to wet, disturbed 1994v34, 1994v35, 1994w3, 1994w4, planted extensively in Hawaii for timber areas on most Hawaiian Islands. It 1994aa2, 1994bb4, 1994bb6, 1994ff). and is now naturalized on most of the produces a dense ground cover, even on Maui pamakani and Hamakua main islands (Smith 1985, Wagner et al. poor soil (Cuddihy and Stone 1990). pamakani, both native to tropical 1990). Silk oak negatively affects Sacciolepis indica (Glenwood grass) is America, have naturalized in dry areas populations of four of the proposed taxa an annual or perennial grass naturalized to wet forest on Oahu and four other that grow exclusively in the Waianae on five islands in Hawaii in open, wet islands (Wagner et al. 1990). These two Mountains—Chamaesyce herbstii, areas (Wagner et al. 1990). Hilo grass noxious weeds form dense mats with Eragrostis fosbergii, Lepidium and Glenwood grass threaten the largest other alien plants and prevent arbuscula, and Melicope saint-johnii population of Viola oahuensis (HHP regeneration of native plants (Anderson (HHP 1994c1, 1994n4, 1994q10, 1994dd13). et al. 1992). Five of the proposed taxa 1994q11, 1994t14). Fire does not pose an immediate in both Oahu mountain ranges are Kalanchoe pinnata (air plant) is an threat to the 25 proposed taxa, although threatened by competition with Maui herb that occurs on all the main islands species that grow in dry and mesic pamakani and/or Hamakua pamakani— except Niihau and Kahoolawe, shrubland and forest may be susceptible Cyanea acuminata, Lepidium arbuscula, especially in dry to mesic areas (Wagner to fire (see Table 1). Because Hawaii’s Lobelia monostachya, Melicope saint- et al. 1990). Air plant poses a significant native plants have evolved with only johnii, and Pritchardia kaalae (HHP threat to the only population of Lobelia infrequent naturally occurring episodes 1994e1, 1994q5, 1994q9 to 1994q11, monostachya (HHP 1994ff). of fire (lava flows, infrequent lightning 1994t14, 1994aa2, 1994ff). Leucaena leucocephala (koa haole), a strikes), most species are not adapted to Huehue haole, a vine native to naturalized shrub which is sometimes fire and are unable to recover well after tropical America, is found in dryland the dominant species in low elevation, recurring fires. Alien plants are often habitats and mesic forest on Oahu, dry, disturbed areas on all of the main more fire-adapted than native taxa and Maui, and Hawaii, where it thrives in Hawaiian islands, is a major threat to will quickly exploit suitable habitat the subcanopy layers and smothers Schiedea kealiae (Geesnick et al. 1990; after a fire (Cuddihy and Stone 1990). shrubs, small trees, and the ground layer HHP 1994bb1, 1994bb4, 1994bb6). Unintentionally ignited fires have (Escobar 1990, Smith 1985, Wester Melinis minutiflora (molasses grass), a resulted from ordnance training 1992). Huehue haole threatens one or perennial grass brought to Hawaii for practices in Makua Military Reservation more populations of four of the cattle fodder, is now naturalized in dry and Schofield Barracks Military proposed taxa, all in the Waianae to mesic, disturbed areas on most of the Reservation and from other military Mountains—Chamaesyce herbstii, main Hawaiian Islands. The mats it training practices in Kawailoa and Melicope saint-johnii, Phyllostegia forms smother other plants and fuel Kahuku Training Areas and pose a hirsuta, and Phyllostegia kaalaensis more intense fires than would normally possible threat to the five proposed (HHP 1994c1, 1994t3, 1994t4, 1994t13, affect an area (Cuddihy and Stone 1990, species that occur on those military 1994t14, 1994v31, 1994v34, 1994v35, O’Connor 1990, Smith 1985). Molasses installations—Cyrtandra subumbellata, 1994w3, 1994w4). grass threatens Lepidium arbuscula and Delissea subcordata, Gardenia mannii, 51414 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules all known populations of Labordia disturbance could destroy a significant within the geographical area occupied cyrtandrae, and Pritchardia kaalae percentage of the individuals or the only by a species, at the time it is listed in (Environment Impact Study Corp. 1977; extant population. Two of the proposed accordance with the Act, on which are HHP 1993, 1994a, 1994b, 1994k2, plant taxa, Lobelia gaudichaudii ssp. found those physical or biological 1994k5, 1994k6, 1994m7, 1994m9 to koolauensis and Lobelia monostachya, features (I) essential to the conservation 1994m11, 1994o1, 1994o2, 1994o4, are known from a single population. An of the species and (II) that may require 1994o13, 1994o18, 1994o37 to 1994o40, additional 15 of the proposed taxa have special management consideration or 1994o43, 1994o44, 1994p2, 1994p14 to 5 or fewer populations. Twelve of the protection; and (ii) specific areas 1994p16, 1994aa2, 1994aa5; Yoshioka et taxa are estimated to number no more outside the geographical area occupied al. 1991). Accidentally or intentionally than 100 individuals and 4 of those taxa by a species at the time it is listed, upon set fires in areas of habitation near the (Cyrtandra viridiflora, Eragrostis a determination that such areas are Lualualei Naval Reservation and the fosbergii, Labordia cyrtandrae, and essential for the conservation of the Makua Military Reservation could easily Lobelia monostachya) are estimated to species. ‘‘Conservation’’ means the use spread and pose a possible threat to number no more than 10 individuals of all methods and procedures needed more than half of the individuals of (see Table 1). to bring the species to the point at The Service has carefully assessed the Lepidium arbuscula that occur on both which listing under the Act is no longer reservations and one population of best scientific and commercial necessary. Melicope saint-johnii (HHP 1994q3, information available regarding the past, 1994q5, 1994q8, 1994q10, 1994q11, present, and future threats faced by Section 4(a)(3) of the Act, as 1994t15; J. Lau, pers. comm. 1994). Fire these taxa in determining to propose amended, and implementing regulations is also a potential threat to Chamaesyce this rule. Based on this evaluation, this (50 CFR 424.12) require that, to the herbstii, Cyanea longiflora, Cyrtandra rulemaking proposes to list these 25 maximum extent prudent and dentata, Phyllostegia hirsuta, species as endangered—Chamaesyce determinable, the Secretary designate Phyllostegia kaalaensis, and Schiedea herbstii, Chamaesyce rockii, Cyanea critical habitat at the time the species is kealiae, which occur in dry or mesic acuminata, Cyanea humboldtiana, determined to be endangered or habitats with adequate conditions for Cyanea koolauensis, Cyanea longiflora, threatened. The Service finds that the spread of fire, at least seasonally Cyanea st.-johnii, Cyrtandra dentata, designation of critical habitat is not (HHP 1994c1 to 1994c5, 1994h1, Cyrtandra subumbellata, Cyrtandra prudent for the 25 taxa proposed in this 1994h3, 1994h11, 1994j2, 1994j6, viridiflora, Delissea subcordata, rule. Service regulations (50 CFR 1994j7, 1994v6, 1994v34 to 1994v36, Eragrostis fosbergii, Gardenia mannii, 424.12(a)(1)) state that designation of 1994w2 to 1994w4, 1994w6, 1994bb3). Labordia cyrtandrae, Lepidium critical habitat is not prudent when one Erosion, landslides, and rockslides arbuscula, Lobelia gaudichaudii ssp. or both of the following situations due to natural weathering result in the koolauensis, Lobelia monostachya, exist—(1) The species is threatened by death of individual plants as well as Melicope saint-johnii, Myrsine juddii, taking or other human activity, and habitat destruction. This especially Phyllostegia hirsuta, Phyllostegia identification of critical habitat can be affects the continued existence of taxa kaalaensis, Pritchardia kaalae, Schiedea expected to increase the degree of threat or populations with limited numbers kealiae, Trematolobelia singularis, and to the species, or (2) such designation of and/or narrow ranges on cliffs, such as Viola oahuensis. The 25 taxa are critical habitat would not be beneficial the only known population of Lobelia threatened by one or more of the to the species. The Service finds that gaudichaudii ssp. koolauensis and the following—habitat degradation and/or designation of critical habitat is not Kaena Point population of Schiedea predation by pigs, goats, and rats; insect presently prudent for these 25 taxa. As kealiae (HHP 1994bb3; L. Mehrhoff, infestations; competition for space, discussed under Factor B, these taxa are pers. comm. 1994). light, water, and nutrients by alien potentially threatened by overcollection People are more likely to come into plants; habitat loss from fires; and due to their low population size. The contact with species that have human impacts from military training publication of precise maps and populations near trails or roads or in practices and from recreational descriptions of critical habitat in the recreational areas. Alien plants may be activities. Twenty-one of the 25 taxa Federal Register and local newspapers introduced into such areas as seeds on either number no more than 100 as required in a proposal for critical footwear, or people may cause erosion, individuals or are known from no more habitat would increase the degree of trample plants, or start fires (Cuddihy than 5 populations. Small population threat to these plants from take or and Stone 1990). The following size and limited distribution make these vandalism and, therefore, could proposed taxa have populations in taxa particularly vulnerable to recreational areas or close to roads or extinction from reduced reproductive contribute to their decline. The listing of trails and are potentially threatened by vigor or from naturally occurring events. these taxa as endangered publicizes the human disturbance—Cyanea Because the 25 taxa are in danger of rarity of the plants and, thus, can make humboldtiana, Cyanea koolauensis, extinction throughout all or a significant these plants attractive to researchers, Cyanea st.-johnii, Delissea subcordata, portion of their ranges, they fit the curiosity seekers, or collectors of rare Eragrostis fosbergii, Lepidium definition of endangered as defined in plants. All involved parties and the arbuscula, and Lobelia gaudichaudii the Act. Therefore, the determination of major landowners have been notified of (HHP 1994f1, 1994g22, 1994i7, 1994i9, endangered status for these 25 taxa the location of these taxa. Additional 1994i10, 1994n3 to 1994n6, 1994q4; L. appears warranted. protection of the habitat of these taxa Mehrhoff, pers. comm. 1994). Critical habitat is not being proposed will be addressed through the recovery The small number of populations and for the 25 taxa included in this rule for process and through the Section 7 individuals of most of these taxa reasons discussed in the ‘‘Critical consultation process. The Service finds increases the potential for extinction Habitat’’ section of this proposal. that designation of critical habitat for from naturally occurring events. The these 25 taxa is not prudent at this time. small gene pool may depress Critical Habitat Such a designation would increase the reproductive vigor, or a single human- Critical habitat is defined in section 3 degree of threat from vandalism, caused or natural environmental of the Act as—(i) the specific areas collecting, or other human activities and Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51415 is unlikely to aid in the conservation of Training Area to limit the impact of (1) Biological, commercial trade, or these taxa. these activities on endangered species other relevant data concerning any and their habitats. Twelve of the 25 threat (or lack thereof) to these 25 taxa; Available Conservation Measures proposed taxa occur within an area that (2) The location of any additional Conservation measures provided to is being considered for inclusion in the populations of these taxa and the species listed as endangered or proposed Oahu Forest National Wildlife reasons why any habitat should or threatened under the Endangered Refuge. One of the taxa, Myrsine juddii, should not be determined to be critical Species Act include recognition, which is found only on land leased by habitat as provided by section 4 of the recovery actions, requirements for DOD for Kawailoa Training Area, would Act; Federal protection, and prohibitions fall within the planned refuge. (3) Additional information concerning against certain activities. Recognition The Act and its implementing the range, distribution, and population through listing results in public regulations set forth a series of general size of these taxa; and awareness and conservation actions by prohibitions and exceptions that apply (4) Current or planned activities in the Federal, State, and local agencies, to all endangered plants. All subject area and their possible impacts private organizations, and individuals. prohibitions of section 9(a)(2) of the Act, on these taxa. The Act provides for possible land implemented by 50 CFR 17.61, apply. The final decision on this proposal acquisition and cooperation with the These prohibitions, in part, make it will take into consideration the State and requires that recovery plans be illegal for any person subject to the comments and any additional developed for listed species. The jurisdiction of the United States to information received by the Service, and protection required of Federal agencies import or export, transport in interstate such communications may lead to a and the prohibitions against certain or foreign commerce in the course of a final regulation that differs from this activities involving listed plants are commercial activity, sell or offer for sale proposal. discussed, in part, below. in interstate or foreign commerce, or The Endangered Species Act provides Section 7(a) of the Act, as amended, remove and reduce the species to for one or more public hearings on this requires Federal agencies to evaluate possession from areas under Federal proposal, if requested. Requests must be their actions with respect to any species jurisdiction. In addition, for plants received within 45 days of the date of that is proposed or listed as endangered listed as endangered, the Act prohibits publication of the proposal in the or threatened and with respect to its the malicious damage or destruction on Federal Register. Such requests must be critical habitat, if any is being areas under Federal jurisdiction and the made in writing and addressed to the designated. Regulations implementing removal, cutting, digging up, or Pacific Islands Ecoregion Manager (see this interagency cooperation provision damaging or destroying of such plants ADDRESSES section). of the Act are codified at 50 CFR part in knowing violation of any State law or National Environmental Policy Act 402. Section 7(a)(4) of the Act requires regulation, including State criminal Federal agencies to confer informally trespass law. Certain exceptions to the The Fish and Wildlife Service has with the Service on any action that is prohibitions apply to agents of the determined that Environmental likely to jeopardize the continued Service and State conservation agencies. Assessments or Environmental Impact existence of a species proposed for The Act and 50 CFR 17.62 provide for Statements, as defined under the listing or result in destruction or the issuance of permits to carry out authority of the National Environmental adverse modification of proposed otherwise prohibited activities Policy Act of 1969, need not be critical habitat. If a species is listed involving endangered plant species prepared in connection with regulations subsequently, section 7(a)(2) requires under certain circumstances. Such adopted pursuant to section 4(a) of the Federal agencies to insure that activities permits are available for scientific Endangered Species Act of 1973, as they authorize, fund, or carry out are not purposes and to enhance the amended. A notice outlining the likely to jeopardize the continued propagation or survival of the species. It Service’s reasons for this determination existence of the species or destroy or is anticipated that few permits would was published in the Federal Register adversely modify its critical habitat. If a ever be sought or issued because these on October 25, 1983 (48 FR 49244). Federal action may affect a listed 25 taxa are not common in cultivation References Cited species or its critical habitat, the or in the wild. Requests for copies of the A complete list of all references cited responsible Federal agency must enter regulations concerning listed plants and herein is available upon request from into formal consultation with the inquiries regarding prohibitions and the Pacific Islands Ecoregion (see Service. permits may be addressed to the Fish ADDRESSES section). Eighteen of the proposed taxa occur and Wildlife Service, Ecological on land under Federal jurisdiction, Services, Permits Branch, 911 N.E. 11th Author including the following agencies—U.S. Avenue, Portland, Oregon 97232–4181 The author of this proposed rule is Army, U.S. Navy, and U.S. Coast Guard. (telephone: 503/231–6241; facsimile: Marie M. Bruegmann, Pacific Islands Of those, 15 taxa are found on federally 503/231–6243). Ecoregion Office (see ADDRESSES owned land and 14 taxa occur on land Public Comments Solicited section). Substantial data were leased by the Federal government from contributed by the Hawaii Heritage the State, City and County of Honolulu, The Service intends that any final Program. and private parties. Activities carried action resulting from this proposal will out by the U.S. Army include ordnance be as accurate and as effective as List of Subjects in 50 CFR Part 17 training practices, ground troop training possible. Therefore, comments or Endangered and threatened species, activities, and construction, suggestions from the public, other Exports, Imports, Reporting and maintenance, and utilization of concerned governmental agencies, the recordkeeping requirements, and helicopter landing and drop-off sites. scientific community, industry, or any Transportation. The Army is coordinating with TNCH to other interested party concerning this develop management plans for proposed rule are hereby solicited. Proposed Regulation Promulgation Schofield Barracks Military Reservation, Comments particularly are sought Accordingly, the Service hereby Kawailoa Training Area, and Kahuku concerning: proposes to amend part 17, subchapter 51416 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
B of chapter I, title 50 of the Code of Authority: 16 U.S.C. 1361–1407; 16 U.S.C. the List of Endangered and Threatened Federal Regulations, as set forth below: 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Plants to read as follows: 625, 100 Stat. 3500; unless otherwise noted. PART 17Ð[AMENDED] § 17.12 Endangered and threatened plants. 2. Section 17.12(h) is amended by 1. The authority citation for part 17 adding the following, in alphabetical * * * * * continues to read as follows: order under FLOWERING PLANTS, to (h) * * *
Species Historic range Family Status When Critical Special Scientific name Common name listed habitat rules
FLOWERING PLANTS
******* Chamaesyce herbstii .. `Akoko ...... U.S.A. (HI) ...... EuphorbiaceaeÐ E ...... NA NA Spurge.
******* Chamaesyce rockii ..... `Akoko ...... U.S.A. (HI) ...... EuphorbiaceaeÐ E ...... NA NA Spurge.
******* Cyanea acuminata ..... Haha ...... U.S.A. (HI) ...... CampanulaceaeÐ E ...... NA NA Bellflower.
******* Cyanea humboldtiana Haha ...... U.S.A. (HI) ...... CampanulaceaeÐ E ...... NA NA Bellflower.
******* Cyanea koolauensis ... Haha ...... U.S.A. (HI) ...... CampanulaceaeÐ E ...... NA NA Bellflower.
******* Cyanea longiflora ...... Haha ...... U.S.A. (HI) ...... CampanulaceaeÐ E ...... NA NA Bellflower.
******* Cyanea st.-johnii ...... Haha ...... U.S.A. (HI) ...... CampanulaceaeÐ E ...... NA NA Bellflower.
******* Cyrtandra dentata ...... Ha`iwale ...... U.S.A. (HI) ...... GesneriaceaeÐAfri- E ...... NA NA can violet.
******* Cyrtandra Ha`iwale ...... U.S.A. (HI) ...... GesneriaceaeÐAfri- E ...... NA NA subumbellata. can violet.
******* Cyrtandra viridiflora .... Ha`iwale ...... U.S.A. (HI) ...... GesneriaceaeÐAfri- E ...... NA NA can violet.
******* Delissea subcordata .. `Oha ...... U.S.A. (HI) ...... CampanulaceaeÐ E ...... NA NA Bellflower.
******* Eragrostis fosbergii .... None ...... U.S.A. (HI) ...... PoaceaeÐGrass ...... E ...... NA NA
******* Gardenia mannii ...... Nanu ...... U.S.A. (HI) ...... RubiaceaeÐCoffee ... E ...... NA NA
******* Labordia cyrtandrae ... Kamakahala ...... U.S.A. (HI) ...... LoganiaceaeÐ E ...... NA NA Logania.
******* Lepidium arbuscula .... `Anaunau ...... U.S.A. (HI) ...... BrassicaceaeÐMus- E ...... NA NA tard. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51417
Species Historic range Family Status When Critical Special Scientific name Common name listed habitat rules
******* Lobelia gaudichaudii None ...... U.S.A. (HI) ...... CampanulaceaeÐ E NA ...... NA ssp. koolauensis. Bellflower.
******* Lobelia monostachya . None ...... U.S.A. (HI) ...... CampanulaceaeÐ E ...... NA NA Bellflower.
******* Melicope saint-johnii .. Alani ...... U.S.A. (HI) ...... RutaceaeÐRue ...... E ...... NA NA
******* Myrsine juddii ...... Kolea ...... U.S.A. (HI) ...... MyrsinaceaeÐ E ...... NA NA Myrsine.
******* Phyllostegia hirsuta .... None ...... U.S.A. (HI) ...... LamiaceaeÐMint ...... E ...... NA NA
******* Phyllostegia None ...... U.S.A. (HI) ...... LamiaceaeÐMint ...... E ...... NA NA kaalaensis.
******* Pritchardia kaalae ...... Loulu ...... U.S.A. (HI) ...... ArecaceaeÐPalm ...... E ...... NA NA
******* Schiedea kealiae ...... None ...... U.S.A. (HI) ...... CaryophyllaceaeÐ E ...... NA NA Pink.
******* Trematolobelia None ...... U.S.A. (HI) ...... CampanulaceaeÐ E ...... NA NA singularis. Bellflower.
******* Viola oahuensis ...... None ...... U.S.A. (HI) ...... ViolaceaeÐViolet ...... E ...... NA NA
*******
Dated: September 20, 1995. agrimonioides (kamanomano), Cyanea would implement the Federal protection John G. Rogers, grimesiana ssp. grimesiana (haha), provisions provided by the Act. Acting Director, Fish and Wildlife Service. Cyperus trachysanthos (pu‘uka‘a), DATES: Comments from all interested Euphorbia haeleeleana (NCN), [FR Doc. 95–24336 Filed 9–29–95; 8:45 am] parties must be received by December 1, BILLING CODE 4310±55±P Isodendrion laurifolium (aupaka), Panicum niihauense (lau ‘ehu), 1995. Public hearing requests must be Phyllostegia parviflora (NCN), received by November 16, 1995. 50 CFR Part 17 Platanthera holochila (NCN), Sanicula ADDRESSES: Comments and materials purpurea (NCN), Schiedea hookeri concerning this proposal should be sent RIN 1018±AD58 (NCN), Schiedea kauaiensis (NCN), and to Robert P. Smith, Pacific Islands Endangered and Threatened Wildlife Schiedea nuttallii (NCN). The Service Ecoregion Manager, U.S. Fish and and Plants; Proposed Endangered or also proposes threatened status for Wildlife Service, 300 Ala Moana Threatened Status for Fourteen Plant Isodendrion longifolium (aupaka). The Boulevard, Room 6307, P.O. Box 50167, Taxa From the Hawaiian Islands 14 taxa are endemic to the Hawaiian Honolulu, Hawaii 96850. Comments Islands and are now known from one or and materials received will be available AGENCY more of the following Hawaiian : Fish and Wildlife Service, for public inspection, by appointment, Islands—Niihau, Kauai, Oahu, Molokai, Interior. during normal business hours at the ACTION: Proposed rule. Lanai, Maui, and Hawaii. The 14 plant taxa and their habitats have been above address. SUMMARY: The U.S. Fish and Wildlife variously affected or are currently FOR FURTHER INFORMATION CONTACT: Service (Service) proposes endangered threatened by one or more of the Robert P. Smith, Pacific Islands status pursuant to the Endangered following—competition, predation, or Ecoregion Manager (see ADDRESSES Species Act of 1973, as amended (Act), habitat degradation from alien species, section) (telephone: 808/541–2749; for 13 plant taxa—Achyranthes mutica human impacts, fire, and natural facsimile: 808/541–2756). (No common name (NCN)), Cenchrus disasters. This proposal, if made final, 51418 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
SUPPLEMENTARY INFORMATION: laurifolium, Isodendrion longifolium, Hawaiian Islands—Laysan, Midway, Background Panicum niihauense, Phyllostegia Kure, Niihau, Kauai, Oahu, Molokai, parviflora, Platanthera holochila, Lanai, Maui, and Hawaii. The current Achyranthes mutica, Cenchrus Sanicula purpurea, Schiedea hookeri, and historical distribution by island is agrimonioides, Cyanea grimesiana ssp. Schiedea kauaiensis, and Schiedea presented in Table 1 for each of the 14 grimesiana, Cyperus trachysanthos, nuttallii are, or were, known from ten taxa. Euphorbia haeleeleana, Isodendrion
TABLE 1.ÐSUMMARY OF ISLAND DISTRIBUTION OF THE PROPOSED TAXA
Hawaiian Island Species Ku Mi La Ni KO Mo LMH
Achyranthes mutica ...... HC Cenchrus agrimonioides ...... H H H C H C H? Cyanea grimesiana ssp. grimesiana ...... C C C C Cyperus trachysanthos ...... C C C H H Euphorbia haeleeleana ...... C C Isodendrion laurifolium ...... C C Isodendrion longifolium ...... C C Panicum niihauense ...... H C Phyllostegia parviflora ...... C H H Platanthera holochila ...... C H C C Sanicula purpurea ...... C C Schiedea hookeri ...... C H Schiedea kauaiensis ...... C Schiedea nuttallii ...... C C Key: C = current; population last observed within the past 20 years. H = historical; population not seen for over 20 years. ? = questionable locality or inconsistent information in sources. KuÐKure; MiÐMidway; LaÐLaysan; NiÐNiihau; KÐKauai; OÐOahu; MoÐMolokai; LÐLanai; MÐMaui; HÐHawaii.
The Hawaiian archipelago includes weathered valleys with steep walls, and substrate. Within nearly 100 eight large volcanic islands (Niihau, well-developed streams, and gently recognized native vegetation types are Kauai, Oahu, Molokai, Lanai, sloped flood plains. The older islands to numerous island-specific or region- Kahoolawe, Maui, and Hawaii), as well the northwest (Niihau, Kauai, Oahu, and specific associations, comprising an as offshore islets, shoals, and atolls set Molokai) are generally more weathered. extremely rich array of vegetation types on submerged volcanic remnants at the On a typical older island, sea cliffs and within a very limited geographic area. northwestern end of the chain (the large amphitheater-headed valleys on Major vegetation formations include Northwestern Hawaiian Islands, the windward (northeast) side contrast forests, woodlands, shrublands, including Laysan, Midway, and Kure). with erosionally younger, dissected grasslands, herblands, and pioneer The archipelago covers a land area of slopes on the leeward (southwest) side associations on lava and cinder about 16,600 square kilometers (sq km) (Department of Geography 1983). substrates (Gagne´ and Cuddihy 1990). (6,400 sq miles (mi)), extending roughly The climate of the Hawaiian Islands In Hawaii, lowland, montane, and between latitude 18°50′ and 28°15′ N reflects the tropical setting buffered by subalpine forest types extend from sea and longitude 154°40′ and 178°70′ W, the surrounding ocean (Department of level to above 3,000 m (9,800 ft) in and ranging in elevation from sea level Geography 1983). The prevailing winds elevation. Coastal and lowland forests to 4,200 meters (m) (13,800 feet (ft)) are northeast tradewinds with some are generally dry or mesic and may be (Department of Geography 1983). The seasonal fluctuation in strength. There open- or closed-canopied. The stature of regional geological setting is a mid- are also winter storm systems and lowland forests is generally under 10 m oceanic volcanic island archipelago set occasional hurricanes. Annual rainfall (30 ft). Ten of the taxa proposed for in a roughly northwest to southeast line, varies greatly by location, with marked listing (Achyranthes mutica, Cenchrus with younger islands to the southeast. windward to leeward gradients over agrimonioides var. agrimonioides, The youngest island, Hawaii, is short distances. Minimum average Cyanea grimesiana ssp. grimesiana, volcanically active. The older islands annual rainfall is less than 250 Euphorbia haeleeleana, Isodendrion are increasingly eroded, so that the millimeters (mm) (10 inches (in.)); the laurifolium, Isodendrion longifolium, basaltic portions of many of the maximum average precipitation is well Panicum niihauense, Schiedea hookeri, northwesternmost islands (such as in excess of 11,000 mm (450 in.) per Schiedea nuttallii, and Schiedea Laysan, Midway, and Kure) are entirely year. Precipitation is greatest during the kauaiensis) have been reported from submerged, and coralline atolls and months of October through April. A dry lowland dry or mesic forest habitat. shoals are often all that remain above season is apparent in leeward settings, Cenchrus agrimonioides var. sea level (Macdonald et al. 1986). The while windward settings generally laysanensis has been reported from dry topography of the Hawaiian Islands is receive tradewind-driven rainfall coastal strand vegetation. Four taxa extremely diverse. On the youngest throughout the year (Department of (Isodendrion laurifolium, Isodendrion islands, Hawaii and Maui, gently Geography 1983). longifolium, Phyllostegia parviflora, and sloping unweathered shield volcanoes The native-dominated vegetation of Sanicula purpurea) have been reported with very poor soil development are the Hawaiian Islands varies greatly from lowland wet forest habitat. One juxtaposed with older, heavily according to elevation, moisture regime, taxon, Cyperus trachysanthos, has been Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51419 reported from wet sites on coastal cliffs directly attached to the main flower (flower cluster) is a raceme (an or talus slopes. Montane wet forests, axis) that are 0.4 to 1.5 cm (0.2 to 0.6 unbranched, indeterminate occupying elevations between 915 and in.) long. The petalless flowers are inflorescence with flowers arranged 1,830 m (3,000 and 6,000 ft), occur on perfect (containing both female and along the axis) 5 to 10 cm (2 to 4 in.) the windward slopes and summits of male parts). The sepals are of unequal long, bearing cylindrical to lance- the islands of Kauai, Oahu, Molokai, length, 3 to 4.2 mm (0.1 to 0.2 in.) long, shaped burs 8 to 18 mm (0.3 to 0.7 in.) Maui, and Hawaii. The forests may be and have sharply pointed tips. This long. The burs are densely hairy with an open- to closed-canopied, and may species is distinguished from others in outer series of numerous, somewhat exceed 20 m (65 ft) in stature. Montane the genus by the shape and size of the spreading bristles. Each bur partially wet forests are usually dominated by sepals and by characteristics of the envelops one spikelet (ultimate flower several species of native trees and tree spike, which is short and congested cluster). This species is distinguished ferns. One of the proposed taxa, (Wagner et al. 1990). from others in the genus by the Platanthera holochila, has been Historically Achyranthes mutica was cylindrical to lance-shaped bur and the reported from montane wet forest known from three collections from arrangement and position of the bristles. habitat. Montane bogs, found on Kauai, opposite ends of the main archipelago, Cenchrus agrimonioides var. Molokai, Maui, and Hawaii, occur Kauai and Hawaii (Hawaii Heritage agrimonioides differs from var. primarily on flat or gently sloping Program (HHP) 1994c1, 1994c2; Hawaii laysanensis in generally having smaller terrain with impervious substrates Plant Conservation Center (HPCC) burs, shorter stems, and narrower leaves between 915 and 1,830 m (3,000 and 1992a). Currently this species is known (O’Connor 1990). 6,000 ft) in elevation. The vegetation of only from the Keawewai Stream area in Historically Cenchrus agrimonioides most of these bogs consists of an the Kohala Mountains of Hawaii on var. agrimonioides was known from the irregular, hummocky cushion of sedges, private land. Between 20 and 50 plants following general areas—the Waianae with Metrosideros polymorpha (‘ohi‘a) are growing at an elevation of about 920 Mountains of Oahu, Kaaukuu on Lanai, usually a codominant. Two of the m (3,030 ft) in an Acacia koaia (koai‘a) and the south slope of Haleakala and proposed taxa, Platanthera holochila lowland dry forest with Dodonaea Ulupalakua on Maui. It may possibly and Sanicula purpurea, have been viscosa (‘a‘ali‘i), Myoporum have occurred on the island of Hawaii; reported from montane bog habitats. sandwicense (naio), Nestegis undocumented observations of this Hawaiian shrublands are also found sandwicensis (olopua), Osteomeles taxon have been reported from from coastal to alpine elevations. The anthyllidifolia (‘ulei), and Sophora unspecified locations on this island majority of Hawaiian shrubland types chrysophylla (mamane) (HPCC 1992a). (HHP 1994d1 to 1994d14, Hillebrand are in dry and mesic settings, or on cliffs The primary threats to the single 1888). Currently Cenchrus and slopes too steep to support trees. remaining population of Achyranthes agrimonioides var. agrimonioides is Only one of the proposed taxa, Panicum mutica are habitat degradation and/or known from Oahu and Maui. In the niihauense, has been reported from destruction by ungulates such as cattle Waianae Mountains on Oahu, coastal dry shrubland habitat, on Kauai. (Bos taurus) and feral goats (Capra approximately 25 individuals are found The land that supports these 14 plant hircus), competition with alien plant in the following populations—Pahole taxa is owned by various private parties, taxa, and a risk of extinction from Gulch in the State’s Pahole Natural Area the City and County of Honolulu, the naturally occurring events (such as Reserve (NAR), Makaha-Waianae Kai State of Hawaii (including State parks, landslides or hurricanes) and/or Ridge on City and County of Honolulu forest reserves, natural area reserves, reduced reproductive vigor, due to the land, Kahanahaiki Valley on State land and Hawaiian Home Lands), and the small number of existing individuals in leased by the DOD for the Makua Federal government (Department of a single remaining population (HPCC Military Reservation, east Makaleha on Defense (DOD) and Department of the 1992a; Christa Russell, The Nature State land, and Pualii drainage on Interior). Conservancy of Hawaii (TNCH), pers. private land in TNCH’s Honouliuli comm. 1994). Preserve (HHP 1994d1, 1994d8, Discussion of the 14 Plant Taxa A botanist on the Russian vessel 1994d11, 1994d12, 1994d14). On Maui, Proposed for Listing Rurik, Louis C.A. von Chamisso first a patch of Cenchrus agrimonioides var. Achyranthes mutica was first collected Cenchrus agrimonioides on agrimonioides plants, 0.9 sq m (10 sq ft) described by Asa Gray in 1867 based on Oahu during a world exploring in size, is known from State land within a specimen collected on Kauai between expedition between 1816 and 1817. Carl Kanaio NAR (Robert Hobdy, Division of 1851 and 1855 by Ezechiel Jules Remy, Bernhard von Trinius described the Forestry and Wildlife (DOFAW), pers. a French naturalist and ethnologist (St. species several years later (Degener and comm. 1994). The total number of John 1979, Wagner et al. 1990). Whitney 1937). Other published names individuals statewide is fewer than 100. Achyranthes nelsonii (St. John 1979) is considered synonymous with Cenchrus Cenchrus agrimonioides var. considered to be synonymous with agrimonioides include Cenchrus agrimonioides is usually found on dry Achyranthes mutica by the authors of calyculatus var. uniflorus, Cenchrus rocky ridges or slopes, or ridges in the current treatment of Hawaiian laysanensis, and Cenchrus mesic ‘ohi‘a-koa forest between 560 and members of the family (Wagner et al. pedunculatus (O’Connor 1990). 820 m (1,830 and 2,700 ft) in elevation. 1990). Currently, two varieties are Associated plant taxa include Alyxia Achyranthes mutica, a member of the recognized—the nominate variety and oliviformis (maile), Psydrax odoratum amaranth family (Amaranthaceae), is a variety laysanensis, described by F.B. (alahe‘e), Carex sp., Diospyros sp. many-branched shrub with stems Brown (Brown 1931). (lama), and Eragrostis variabilis ranging from 30 to 60 centimeters (cm) Cenchrus agrimonioides, a member of (kawelu) (HHP 1994d8, 1994d11, (12 to 24 in.) long. The opposite leaves, the grass family (Poaceae), is a perennial 1994d12, 1994d14; R. Hobdy, pers. usually 3.2 to 4 cm (1.3 to 1.6 in.) long grass with stems 0.3 to 2 m (1 to 6.7 ft) comm. 1994). and 1.5 to 2 cm (0.6 to 0.8 in.) wide, are tall. The leaf blades, 20 to 40 cm (8 to The other variety of this species, inversely egg-shaped to elliptic or 16 in.) long and 5 to 25 mm (0.2 to 1 Cenchrus agrimonioides var. inversely lance-shaped. The stalkless in.) wide, are flat or folded and have a laysanensis, was known historically flowers are arranged in spikes (flowers prominent midrib. The inflorescence from the northwestern Hawaiian islands 51420 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules of Laysan, Kure, and Midway, all within width of the leaf blades. This subspecies Xylosma sp. (maua), and various native the Northwestern Hawaiian Islands is distinguished from the other two and alien ferns (HHP 1994e1, 1994e7, National Wildlife Refuge. This variety subspecies by the shape and size of the 1994e8, 1994e14, 1994e34, 1994e37; H. has not been seen since 1973. These calyx lobes which overlap at the base Bornhorst and S. Perlman, pers. comms. islands are infrequently surveyed for (Lammers 1990). 1992). plants, the last comprehensive survey Historically Cyanea grimesiana ssp. The major threats to Cyanea being completed in the 1980s, so it is grimesiana was known from at least 40 grimesiana ssp. grimesiana are habitat possible that the variety still exists and populations located in the Waianae and degradation and/or destruction caused will be found with further survey efforts Koolau mountains on Oahu, Wailau by wild and feral ungulates (axis deer (Corn 1980; HHP 1991a1, 1991a2). Valley and Puu Kahea on Molokai, (Axis axis), goats, and pigs) and The major threats to Cenchrus central and northern Lanai, and competition with various alien plants. agrimonioides var. agrimonioides are scattered locations on Maui (HHP Potential overcollection, trampling by habitat degradation and/or destruction 1994e1 to 1994e39; Heidi Bornhorst, hikers and/or military activities, and fire by feral pigs (Sus scrofa) (Oahu only), TNCH, and Steven Perlman, National threaten the Palikea population on competition with alien plant taxa, and Tropical Botanical Garden, pers. Oahu. The Oahu populations are also a risk of extinction from naturally comms. 1992). Currently Cyanea threatened by landslides. The Kipahulu occurring events and/or reduced grimesiana ssp. grimesiana is known Valley population on Maui is threatened reproductive vigor due to the small from 15 populations on those 4 islands by competition with Cyathea cooperi (Australian tree fern) and various alien number of existing individuals. The (HHP 1994e1, 1994e4, 1994e6 to Pahole Gulch population on Oahu is grasses (HHP 1994e1, 1994e7, 1994e34, 1994e8, 1994e14, 1994e15, 1994e26, potentially threatened by trampling and 1994e37; H. Bornhorst and S. Perlman, 1994e27, 1994e34, 1994e36 to 1994e38; fire from military activities and the pers. comms. 1992; A. Medeiros, pers. H. Bornhorst and S. Perlman, pers. Maui population is potentially comm. 1994; Loyal Mehrhoff, U.S. Fish comms. 1992; Art Medeiros, National threatened by goats and cattle (HHP and Wildlife Service, pers. comm. Biological Service, pers. comm. 1994). 1994d1, 1994d8, 1994d11, 1994d12, 1995). Rats (Rattus spp.) are also a On Oahu, the following populations are 1994d14; R. Hobdy and C. Russell, pers. potential threat, since they are known to known from the Waianae Mountains— comms. 1994). eat the fruits and girdle the stems of one population from Mt. Kaala NAR and Cyanea grimesiana ssp. grimesiana species in the bellflower family (Joel was collected by Charles Gaudichaud- three populations from Pahole NAR on Lau, TNCH, pers. comm. 1994). Beaupre´ in 1819 on Oahu while he was State land, one population each from First collected by Chamisso between pharmaceutical botanist on the vessel North Haleauau Gulch on the federally 1816 and 1817 in the ‘‘Sandwich Uranie (HHP 1989a, Rock 1919, Wagner owned Schofield Barracks Military Islands,’’ Cyperus trachysanthos was et al. 1990). Gaudichaud later described Reservation and North Kaluaa Gulch on described by William J. Hooker and this taxon and named it for the French private land. Two populations are G.A.W. Arnott in 1832 (Hillebrand 1888, Navy’s head pharmacist (Thomas G. known from Oahu’s Koolau Mountains Mill et al. 1988). This species has been Lammers, Field Museum, pers. comm. on State and private land (HHP 1994e1, maintained in the most recent treatment 1994). Other published names 1994e4, 1994e8, 1994e14, 1994e15, of Hawaiian members of the genus considered synonymous with Cyanea 1994e34, 1994e38; H. Bornhorst and S. (Koyama 1990). The specific epithet grimesiana ssp. grimesiana include C. Perlman, pers. comms. 1992). On refers to the rough or papery flowers. grimesiana var. lydgatei, C. grimesiana Molokai, one population is known from Cyperus trachysanthos, a member of var. mauiensis, C. grimesiana var. Kukuinui Ridge on State land and the the sedge family (Cyperaceae), is a munroi, and C. lobata var. hamakuae other is within the State’s Olokui NAR perennial grass-like plant with a short (Lammers 1990). Currently, three (HHP 1994e7, 1994e36). On Lanai, two rhizome (underground stem). The culms subspecies are recognized—the extinct populations are known from Kaiholena (aerial stems) are densely tufted, ssp. cylindrocalyx (Rock 1917); ssp. Gulch and an unnamed gulch south of obtusely triangular, 20 to 45 cm (8 to 18 grimesiana; and the federally Puhielelu Ridge, in the central portion in.) tall, sticky, and leafy at the base. endangered ssp. obatae (St. John 1978a). of the island, both on private land (HHP The linear leaf blades are green, covered Cyanea grimesiana ssp. grimesiana, a 1994e27, 1994e37). On Maui, two with a waxy coating, and somewhat member of the bellflower family populations are known from Iao Valley leathery. The leaf sheath is yellowish (Campanulaceae), is a shrub 1 to 3.2 m on private land and one population brown and partitioned with nodes. The (3.3 to 10.5 ft) tall. The leaves are from Kipahulu Valley within Haleakala flower clusters are 5 to 9 cm (2 to 3.5 pinnately divided, with 9 to 12 National Park (HHP 1994e6, 1994e26; A. in.) long and 6 to 12 cm (2 to 5 in.) wide. segments per side. The leaf blades are Medeiros, pers. comm. 1994). The total Each flower head contains 10 to 30 pale 27 to 58 cm (10.6 to 22.9 in.) long and current populations statewide consist of yellowish brown spikelets, each of 14 to 32 cm (5.5 to 12.6 in.) wide (across fewer than 400 individuals, with over which contains 8 to 20 flowers. The the segments). The inflorescence 350 occurring in Kipahulu Valley on glumes (small pair of bracts at the base comprises 6 to 12 flowers. The calyx Maui (HHP 1994e1, 1994e4, 1994e8, of each spikelet) are broadly egg-shaped. lobes, 10 to 44 mm (0.4 to 2 in.) long 1994e14, 1994e15, 1994e34, 1994e38; H. The fruit is a dark brown, egg-shaped and 4 to 14 mm (0.2 to 0.55 in.) wide, Bornhorst and S. Perlman, pers. comms. achene. This species is distinguished are egg-shaped to lance-shaped and 1992; A. Medeiros, pers. comm. 1994). from others in the genus by the short overlap at the base. The petals are Cyanea grimesiana ssp. grimesiana is rhizome, the leaf sheath with partitions purplish or greenish to yellowish white, typically found in mesic forest often at the nodes, the shape of the glumes, often suffused or striped with magenta, dominated by ‘ohi‘a or ‘ohi‘a and koa, and the length of the culms (Koyama and 55 to 80 mm (2 to 3 in.) long. The or on rocky or steep slopes of stream 1990). orange berries are 18 to 30 mm (0.7 to banks, and between 350 and 945 m Historically Cyperus trachysanthos 1.2 in.) long. This species is (1,150 and 3,100 ft) elevation. was known from Niihau, Kauai, distinguished from others in this Associated plant taxa include scattered locations on Oahu, Mauna Loa endemic Hawaiian genus by the Antidesma sp. (hame), Bobea sp. on Molokai, and Kaena on Lanai (HHP pinnately lobed leaf margins and the (‘ahakea), Psychotria sp. (kopiko), 1994f1 to 1994f15, HPCC 1993a). Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51421
Currently this species is known from 3 On Kauai, 11 populations are known from others in this endemic Hawaiian populations with a total of as many as from valley slopes and cliffs along genus by the shape of its leaves (Wagner 350 individuals on Niihau, Kauai, and Kauai’s northwestern coast from et al. 1990). Oahu (HHP 1994f1, 1994f5; HPCC Pohakuao to Haeleele Valley and Historically Isodendrion laurifolium 1993a). On privately owned Niihau, an Hipalau Valley within Waimea Canyon. was known from scattered locations on unknown number of individuals is All of the Kauai populations occur on Kauai and both the Waianae and Koolau known from an area west of Mokouia State land, including Kuia NAR and the mountains of Oahu (HHP 1994h1 to Valley (HHP 1994f5). On Kauai, more Na Pali Coast State Park (HHP 1994g1 to 1994h21). A total of 14 populations on than 300 individuals are known from 1994g4, 1994g7 to 1994g9, 1994g11, 2 islands comprising approximately 190 State land in Nualolo Valley, while on 1994g12, 1994g14; HPCC 1993b). On to 210 individuals is currently known Oahu an unspecified number of Oahu, four populations are known from statewide. On Kauai, approximately 130 individuals is known from State land at the northern Waianae Mountains. Three to 140 individuals are known from 8 Kaena Point (HHP 1994f1, HPCC 1993a). of these populations occur on State land populations in the following locations— Cyperus trachysanthos is usually found leased by the DOD for the Makua Paaiki, Kawaiula, Haeleele, Makaha, in wet sites (mud flats, wet clay soil, or Military Reservation, and the fourth Poopooiki, and Kuia valleys, and the wet cliff seeps) on coastal cliffs or talus population occurs on privately owned Koaie branch of Waimea Canyon. All slopes between 3 and 160 m (10 and 525 land (HHP 1994g5, 1994g6, 1994g10, Kauai populations occur on State- ft) elevation (HHP 1994f1, 1994f5; HPCC 1994g13). Euphorbia haeleeleana is owned land, with several in Kuia NAR 1993a; Koyama 1990). On Kauai, usually found in lowland mixed mesic (HHP 1994h6, 1994h9 to 1994h13, associates include Hibiscus tiliaceus or dry forest that is often dominated by 1994h15, 1994h21). On Oahu, (hau), Plantago lanceolata (narrow- o´hia´, o´hia´ and koa, lama, or Aleurites approximately 60 to 70 individuals of leaved plantain), and Pteris vittata moluccana (kukui). Typically found this species are known from 6 (HPCC 1993a). between 205 and 670 m (680 and 2,200 populations—Makaha in the Waianae Cyperus trachysanthos is threatened ft) elevation, a few populations have Mountains, on City and County of by a risk of extinction from naturally been found at elevations up to 870 m Honolulu land; East Makaleha Valley, occurring events due to the small (2,860 ft). Associated plant taxa include Waianae Kai, Kaawa Gulch, and number of populations and, on Oahu, a´a´liı´, Erythrina sandwicensis (wiliwili), Kaumokunui Gulch in the Waianae competition with alien grasses and Pleomele sp. (hala pepe), Reynoldsia Mountains, on State land, including Mt. possibly Leucaena leucocephala (koa sandwicensis (o´he), and Sapindus Kaala NAR; and south Kaukonahua haole) (HHP 1994f1; J. Lau and C. oahuensis (aulu) (HHP 1994g1 to Gulch within the federally owned Russell, pers. comms. 1994). 1994g14, HPCC 1993b). Schofield Barracks Military Reservation In 1970, Steven Montgomery and the Habitat degradation and/or in the Koolau Mountains (HHP 1994h1, late Wayne Gagne´ collected a specimen destruction by wild and feral ungulates 1994h2, 1994h16, 1994h17, 1994h18, of an unidentified tree in Mahanaloa including black-tailed deer (Odocoileus 1994h20). Isodendrion laurifolium is Valley on Kauai. The following year, hemionus), goats, and pigs; predation by usually found between 490 and 820 m Derral Herbst (1971) described it as rats; fire; potential military activities; (1,620 and 2,700 ft) elevation in diverse Euphorbia haeleeleana, naming it for and competition with alien plant taxa mesic forest, or rarely wet forest, another valley where the plant grows. seriously threaten Euphorbia dominated by o´hia´ or koa-o´hia´, or o´hia´- This species has been maintained in the haeleeleana (HHP 1994g1, 1994g3 to lama with hame, maua, Hedyotis most recent treatment of Hawaiian 1994g7, 1994g10, 1994g12 to 1994g14; terminalis (manono), Pisonia sp. (papala members of the genus (Wagner et al. HPCC 1993b). kepau), and Pouteria sp. (a´laa´) (HHP 1990). Isodendrion laurifolium was first 1994h1, 1994h2, 1994h6, 1994h9 to Euphorbia haeleeleana, a member of described by Gray in 1852 based on a 1994h13, 1994h15 to 1994h18, the spurge family (Euphorbiaceae), is a collection made on Oahu by members of 1994h20). dioecious (female and male flowers on the U.S. Exploring Expedition in 1840 The primary threats to Isodendrion separate plants) tree 3 to 14 m (10 to 46 (St. John 1952). Other published names laurifolium are habitat degradation by ft) tall. The alternate leaves are papery considered synonymous with ungulates (black-tailed deer, goats, and in texture, elliptic, and usually 10 to 15 Isodendrion laurifolium are I. forbesii, I. pigs), competition with alien plant taxa, cm (4 to 6 in.) long and 4 to 6 cm (2 lydgatei, I. subsessilifolium, and I. and a potential threat from military in.) wide. Male trees bear many small waianaeense (Wagner et al. 1990). The activities (HHP 1994h2, 1994h6, male flowers within a cyathium (a specific epithet refers to the 1994h9, 1994h11, 1994h15 to 1994h18, compact inflorescence with small resemblance in the leaves to those of the 1994h20, 1994h21). individual flowers). The female trees laurel tree. Isodendrion longifolium was first have cyathia with a single female flower Isodendrion laurifolium, a member of collected in 1840 in the ‘‘Kaala’’ surrounded by numerous abortive male the violet family (Violaceae), is a [Waianae] Mountains of Oahu by flowers. The capsules (dry fruit that slender, straight shrub, generally 1 to 2 members of the U.S. Exploring open at maturity) are round. This m (3 to 6 ft) tall, with few branches. The Expedition. Gray later named this species is distinguished from others in leaves, 4 to 16 cm (2 to 6 in.) long and species for its long leaves (St. John the genus in that it is a tree, whereas 1.5 to 5 cm (0.6 to 2 in.) wide, are 1952). Isodendrion christensenii and most of the other species are herbs or somewhat leathery, oblong-elliptic, Isodendrion maculatum (St. John 1952, shrubs, as well as by the large leaves narrowly elliptic lance-shaped, or rarely 1978b) are considered synonymous with with prominent veins (Wagner et al. elliptic. The fragrant flowers are perfect Isodendrion longifolium (Wagner et al. 1990). and borne singly along the stems. The 1990). Euphorbia haeleeleana is known five petals, which are clawed and Isodendrion longifolium, a member of historically and currently from 15 somewhat unequal, are purple with the violet family, is a slender, straight populations and between 450 and 625 greenish white edges externally, and shrub generally 0.6 to 2 m (2 to 7 ft) tall. individuals from northwestern Kauai dusty purple on the inner face of the The hairless, somewhat leathery leaves and the Waianae Mountains of Oahu lobe. The fruit is a green, lance-shaped are lance-shaped, 10 to 30 cm (4 to 12 (HHP 1994g1 to 1994g14, HPCC 1993b). capsule. This species is distinguished in.) long, and 3.4 to 6.5 cm (1 to 3 in.) 51422 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules wide. The fragrant flowers are perfect panicles (loosely branched gaudichaudii, and P. parviflora var. and are borne singly along the branches. inflorescences) are 13 to 35 cm (5 to 14 major (Wagner et al. 1990). The five petals are purple, clawed, and in.) long. The panicle branches lie close Phyllostegia parviflora, a member of somewhat unequal. The purple capsular to the main stem of the inflorescence the mint family (Lamiaceae), is a fruit is 10 mm (0.4 in.) long. This (not spreading outward), and the perennial herb. The egg-shaped to species is distinguished from others in spikelets are borne densely along the broadly egg-shaped, wrinkled leaves are this endemic Hawaiian genus by the inflorescence branches. The spikelets, usually 19 to 33 cm (7.5 to 13 in.) long shape of its leaves (Wagner et al. 1990). which contain two flowers, are 2.6 to and 7.5 to 15.3 cm (3 to 6 in.) wide. The Historically Isodendrion longifolium 3.2 mm (0.1 in.) long. This species is leaf stalks are typically 6 to 13.5 cm (2.4 was known from scattered locations on distinguished from others in the genus to 5.3 in.) long. Usually six flowers are Kauai and the Waianae Mountains on by the shape of the inflorescence arranged along a flowering stalk. The Oahu (HHP 1994i1 to 1994i18; HPCC branches, which are erect and corolla is white, sometimes tinged with 1990a; Lorence and Flynn 1991, 1993). appressed, and the arrangement of the purple, and about 9 to 13 mm (0.4 to 0.5 Currently Isodendrion longifolium is spikelets, which are densely clustered in.) long. The upper corolla lip is about known from 18 populations on Kauai (Davidse 1990). 3 mm (0.1 in.) long while the lower lip and Oahu. On Kauai, 15 populations Panicum niihauense was known is about 6 to 9 mm (0.2 to 0.4 in.) long. totalling 500 to 800 individuals are historically from Niihau and one The fruits are nutlets. The species is scattered over ridges and valley slopes location on Kauai (HHP 1994j1 to distinguished from others of the genus of northwestern Kauai. Eight 1994j3). Currently this species is only by the leaf shape and length of the leaf populations occur on private land and known from State-owned land at stalk and lower corolla lip. Phyllostegia seven are found on State land, which Polihale State Park on Kauai. This single parviflora var. glabriuscula has fewer includes Hono O Na Pali NAR and the population of 23 individuals is found glandular hairs in the inflorescence, less Na Pali Coast State Park (HHP 1994i3 to scattered in sand dunes in a coastal pubescent leaves, and usually 1994i5, 1994i7 to 1994i13, 1994i15 to shrubland at between 9 and 15 m (30 unbranched inflorescences, as compared 1994i17; HPCC 1990a; Lorence and and 50 ft) elevation. Associated plant to P. parviflora var. parviflora. The Flynn 1991, 1993). Three populations taxa include a´a´liı´, Cassytha filiformis newly discovered variety of Phyllostegia totalling 30 to 40 individuals are known (kaunao´a pehu), Prosopis pallida parviflora has shorter leaf stalks, from Oahu. Two populations are found (kiawe), Scaevola sericea (naupaka), spreading hairs on the leaf stalks, and within Mt. Kaala NAR on State-owned Sida fallax (ı´lima), and Vitex sp. fewer gland-tipped hairs in the land in the Waianae Mountains, and the (kolokolo kahakai) (HHP 1993, 1994j3). inflorescence (Wagner et al. 1990). third population is found in Makaua Historically Phyllostegia parviflora The primary threats to the single Gulch on private land in the Koolau was known from three islands—Oahu, known population of Panicum Mountains (HHP 1994i2, 1994i14, Hawaii, and Maui (HHP 1994x1 to niihauense are off-road vehicles, 1994i18). The total current populations 1994x3, 1994y1 to 1994y9, 1994z1, competition with alien plant taxa, and throughout the State consist of fewer 1994z2; Sherff 1935; Wagner et al. than 1,000 individuals, with most of the a risk of extinction from naturally 1990). This species is now known only populations and individuals occurring occurring events and/or reduced from two populations on Oahu. on Kauai. Isodendrion longifolium is reproductive vigor due to the small Phyllostegia parviflora var. glabriuscula found on steep slopes, gulches, and number of individuals in one remaining was only known from the island of stream banks in mixed mesic or wet population (HHP 1993; HPCC 1992b; J. Hawaii on private land and has not been o´hia´ forest, usually between 410 and Lau and C. Russell, pers. comms. 1994). observed since the 1800s (HHP 1994x1 760 m (1,345 and 2,500 ft) elevation. Phyllostegia parviflora was first to 1994x3). Phyllostegia parviflora var. Associated plant taxa include a´hakea, described by Gaudichaud-Beaupre´ as parviflora was known from Oahu and hame, Cyanea sp. (haha), Hedyotis sp., Prasium parviflorum based on a Maui, but is now known from only four Perrottetia sandwicensis (olomea), and specimen collected on Oahu (Hillebrand plants in North Kaukonahua Stream in Pittosporum sp. (hoa´′wa) (HHP 1994i2 1888). Later, Bentham transferred the the Koolau Mountains on Oahu, on to 1994i8, 1994i10 to 1994i18; HPCC species to Phyllostegia and this is the State land leased by the DOD for the 1990a; Lorence and Flynn 1991, 1993). name accepted in the current treatment Kawailoa Training Area (HHP 1994y9). The major threats to Isodendrion of Hawaiian members of the genus The new variety of Phyllostegia longifolium are habitat degradation and/ (Wagner et al. 1990). Currently two parviflora is known from only 19 plants or destruction by feral goats and pigs varieties are recognized—var. parviflora in North Palawai Gulch within TNCH’s and competition with various alien and var. glabriuscula, described by Asa Honouliuli Preserve (HHP 1994z1). plant taxa. On Oahu, the Palikea Gulch Gray in 1862 (Wagner et al. 1990). There Phyllostegia parviflora is typically population is potentially threatened by is also a newly discovered variety that found on moderate to steep slopes in overcollection and fire (HHP 1994i2, has not yet been formally named diverse wet forest from 500 to 830 m 1994i13, 1994i15 to 1994i17; HPCC (Wagner et al. 1990). These recent (1,640 to 2,700 ft) elevation. Native taxa 1990a; Lorence and Flynn 1993). collections of Phyllostegia parviflora associated with Phyllostegia parviflora In 1912, J.F. Stokes collected a grass from the Waianae Mountains differ from include o´hia´, Broussaisia arguta on Niihau that St. John later named the other varieties by several characters (kanawao), Mysine sp. (kolea), Pipturus Panicum niihauense (St. John 1931). and represent a new variety previously albidus (mamaki), and Cyrtandra sp. This species has been maintained in the considered to be Phyllostegia mollis var. (haı´wale) (HHP 1994y9, 1994z1; Wagner most recent treatment of Hawaiian lydgatei (Wagner et al. 1990; Warren et al. 1990). members of the genus (Davidse 1990). Wagner, Smithsonian Institution, in litt., The major threats to Phyllostegia Panicum niihauense, a member of the 1994; W. Wagner, pers. comm. 1994). parviflora are habitat degradation and/ grass family, is a perennial bunchgrass Published names that Wagner et al. or destruction by feral pigs, competition with unbranched culms 50 to 125 cm (1990) consider to be synonymous with with several alien plant taxa, and a risk (20 to 49 in.) long. The leaf blades are Phyllostegia parviflora var. parviflora of extinction from naturally occurring flat, 15 to 35 cm (6 to 14 in.) long and include P. leptostachys, P. parviflora events and/or reduced reproductive 0.7 to 1.9 cm (0.3 to 0.7 in.) wide. The var. canescens, P. parviflora var. vigor due to the small number of Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51423 remaining individuals and populations Hanaula, on State and private land, and Reservation; another population, last (HHP 1994y9, 1994z1; C. Russell, pers. TNCH’s Waikamoi and Kapunakea seen on the summit between Aiea and comm. 1994). Preserves (HHP 1994k9, 1994k12, Waimano in 1985, was not seen during Hillebrand (1888) described and 1994k17). The 5 current populations a 1987 survey and may no longer be named Habenaria holochila based on comprise fewer than 35 individuals—1 extant. On West Maui, three populations his collections and on material sent to individual on Kauai; fewer than 10 on are currently known on State land, him by J.M. Lydgate and V. Knudsen. Molokai; and between 15 and 20 on including West Maui NAR, and one Subsequently, F.W. Kraenzlin Maui (HHP 1994k3, 1994k4, 1994k8, population is known from private land transferred the species to the genus 1994k9, 1994k12, 1994k17). Platanthera (HHP 1994L1 to 1994L10). The total Platanthera, resulting in the new holochila is found in o´hia´-Dicranopteris number of plants of this species is combination Platanthera holochila; this linearis (uluhe) montane wet forest or estimated to be between 130 and 210 name is accepted in the current o´hia´ mixed montane bog between 1,050 individuals. This species typically treatment of Hawaiian members of the and 1,870 m (3,450 and 6,120 ft) grows in open o´hia´ mixed montane bogs family (Kores 1979, Wagner et al. 1990). elevation. Associated plant taxa include between 700 and 1,625 m (2,300 and C.A. Luer (1975) published the Cibotium sp. (hapuu´ ), Coprosma 5,330 ft) elevation. Associated plant taxa combination Platanthera hyperborea ernodeoides (kukaenene), Oreobolus sp., include pukiawe, Argyroxiphium var. viridiflora, now considered Styphelia sp. (pukiawe), and Vaccinium grayanum (greensword), Lagenifera sp., synonymous with Platanthera holochila spp. (o´helo) (HHP 1994k3, 1994k4, Machaerina sp. (u´ ki), and Oreobolus (Wagner et al. 1990). The specific 1994k8, 1994k9, 1994k12, 1994k17). furcatus (HHP 1994L1, 1994L6 to epithet refers to the undivided lip of the The primary threats to Platanthera 1994L9). flower. holochila are habitat degradation and/or Habitat degradation by feral pigs and Platanthera holochila, a member of destruction by ungulates such as cattle a risk of extinction from naturally the orchid family (Orchidaceae), is an and feral pigs, competition with alien occurring events and/or reduced erect, deciduous herb. The stems arise plant taxa, overcollection, and a risk of reproductive vigor due to the small from underground tubers and are 15 to extinction from naturally occurring number of existing populations are the 60 cm (6 to 24 in.) long. The pale-green events due to the small number of major threats to Sanicula purpurea. On leaves, generally 4 to 12 cm (2 to 5 in.) remaining populations and individuals Oahu, the Kaukonahua-Kahana Divide long and 1 to 3 cm (0.4 to 1 in.) wide, (HHP 1994k4, 1994k9, 1994k12, population is additionally threatened by are lance to egg-shaped. The greenish- 1994k17; C. Russell, pers. comm. 1994). competition with an alien grass, yellow flowers occur in open spikes. While hiking the Schofield-Waikane Axonopus fissifolius (narrow-leaved The back sepal is inversely egg-shaped Trail on Oahu, St. John collected a plant carpetgrass), and potentially by military and hooded and the lateral sepals are that he and Edward Hosaka described in activities (HHP 1994L1, 1994L9). erect and elliptic. The lateral petals, 2 1935 as Sanicula purpurea. Other Schiedea hookeri was first described to 2.5 cm (1 in.) long, are irregularly egg- published names considered by Gray in 1854 based on a specimen shaped and enclosed by the sepals. The synonymous with this species include collected on Oahu by Archibald lowest petal is strap-like, about 3 mm S. lobata and S. sandwicensis Menzies of the U.S. Exploring (0.1 in.) long, with a 3 to 5 mm (0.1 to (Constance and Affolter 1990). The Expedition (Wagner et al. 1990). Later, 0.2 in.) long spur at the base. The fruit specific epithet refers to the purple Earl Sherff described S. hookeri var. is an ellipsoid capsule with six ribs. petals. acrisepala and S. hookeri var. This is the only species of this genus Sanicula purpurea, a member of the intercedens, considered synonyms of S. that occurs in the Hawaiian Islands parsley family (Apiaceae), is a stout hookeri (Sherff 1944, 1945; Wagner et (Wagner et al. 1990). perennial herb, 8 to 36 cm (3 to 14 in.) al. 1990). Historically Platanthera holochila tall, arising from a massive stem. The Schiedea hookeri, a member of the was known from the Alakai Swamp and basal leaves are numerous and leathery pink family (Caryophyllaceae), is a Kaholuamano area and the Wahiawa in texture. Two to 8 cm (0.8 to 3 in.) sprawling or clumped perennial herb. Mountains on Kauai, the Koolau wide, the leaves are kidney-shaped or The stems, 0.3 to 0.5 m (1 to 1.6 ft) long, Mountains on Oahu, scattered locations circular to egg-heart-shaped, with three curve slightly upward or lie close to the on Molokai, and various locations on to seven lobes. The small flowers are ground and often produce matted Maui (HHP 1994k1 to 1994k17). purple or cream-colored with a purple clumps. The thin, opposite leaves, 3 to Currently Platanthera holochila is tinge and occur in branched terminal 8 cm (1.2 to 3.2 in.) long and 0.4 to 1.5 known from five locations on Kauai, clusters, each of which contains six to cm (0.2 to 0.6 in.) wide, are narrowly Molokai, and Maui. Before the ten flowers. Each flower cluster contains lance-shaped to narrowly elliptic. The devastation of Hurricane I´niki on Kauai one to three perfect flowers and five to petalless, perfect flowers are borne in in September 1992, two populations seven staminate flowers. The nearly open branched inflorescences, which were known from the Alakai Swamp spherical fruits are covered with are hairy, somewhat sticky, and 5 to 22 within the Alakai Wilderness Preserve prickles. This species is distinguished cm (2 to 9 in.) long. The lance-shaped on State land (HHP 1994k4, 1994k8). from others in the genus by the number sepals are green to purple and 3 to 4.5 One population, last seen in 1977, was of flowers per cluster and by the color mm (1.2 to 1.8 in.) long. The fruit is a not seen when the location was of the petals (Constance and Affolter capsule about 3 mm (0.1 in.) long. This revisited in 1989. The other population 1990). species is distinguished from others in comprised 100 plantlets representing 3 Historically Sanicula purpurea was this endemic Hawaiian genus by its clones before Hurricane I´niki, but only known from six scattered locations open, hairy, and sometimes sticky 10 immature plantlets representing 1 along the Koolau Mountains of Oahu inflorescence, and by the size of the clone over a year after the hurricane and from four locations on West Maui capsules (Wagner et al. 1990). (Perlman 1995). On Molokai, a single (HHP 1994L1 to 1994L10). This species Historically Schiedea hookeri was population of fewer than ten plants is currently known from one population known from the Waianae Mountains of occurs on private land in TNCH’s in Oahu’s Koolau Mountains on the Oahu and Haleakala on Maui (HHP Kamakou Preserve (HHP 1994k3). On boundary of State land and the federally 1994m1 to 1994m17). Currently this Maui, three populations are known— owned Schofield Barracks Military species is known from 11 populations in 51424 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
Oahu’s Waianae Mountains. Between fine, short, curly, white hairs. The sometimes purple-tinged. The fruit is a 220 and 330 individuals are scattered on lance-shaped sepals, 2 to 3.8 mm (0.08 capsule. The round to kidney-shaped slopes and ridges from Kaluakauila to 1.5 in.) long, are green or sometimes seeds are about 1 mm (0.04 in.) long. Gulch to Lualualei Valley—1 population purple-tinged. The fruit is a capsule. This species is distinguished from on private land in TNCH’s Honouliuli The round to kidney-shaped seeds are others in this endemic Hawaiian genus Preserve; 3 populations on City and about 2 mm (0.08 in.) long. This species by its habit, length of the stem County of Honolulu land; 3 populations is distinguished from others in this internodes, length of the inflorescence, on State land, 1 of which is on land endemic Hawaiian genus by its habit, number of flowers per inflorescence, leased by the DOD for Makua Military larger leaves, the hairiness of the smaller leaves, smaller flowers, and Reservation; and 4 populations on inflorescence, the number of flowers in smaller seeds (Wagner et al. 1990; S. Federal land (3 on Lualualei Naval each inflorescence, larger flowers, and Weller, in litt. 1994). Magazine and 1 on Schofield Barracks larger seeds (Wagner et al. 1990; S. Historically Schiedea nuttallii was Military Reservation) (HHP 1994m1, Weller, in litt. 1994). known from scattered locations on 1994m5, 1994m8, 1994m9, 1994m11 to Historically Schiedea kauaiensis was southeastern Kauai, Oahu, Molokai, and 1994m17). Schiedea hookeri is usually known from the northwestern side of Maui (HHP 1994n1 to 1994n17; HPCC found in diverse mesic or dry lowland Kauai, from Papa‘a to Mahanaloa. It was 1992c1; S. Weller, in litt. 1994). One forest, often with o´hia´ or lama thought to be extinct until the 2 population of Schiedea nuttallii is dominant, between 365 and 790 m currently known populations were found on Kauai east of Haupu Peak on (1,200 and 2,600 ft) elevation. One found, which total about 15 plants. Both private land (HHP 1994n10, HPCC population is reported at an elevation of populations occur on State land—the 1992c1). Five populations are found on 850 to 900 m (2,800 to 2,950 ft). Mahanaloa Valley population within Oahu—Kahanahaiki Valley, on State Associated plant taxa include a´a´liı´, Kuia NAR and the Kalalau Valley land leased by the DOD for Makua Artemisia australis (a´hinahina), Bidens population within Na Pali Coast State Military Reservation; two populations sp. (koo´koo´lau), Carex meyenii, and Park. Schiedea kauaiensis typically within the State owned Pahole NAR; Eragrostis grandis (kawelu) (HHP grows in diverse mesic forest on steep and Ekahanui Gulch, on private land in 1994m5, 1994m6, 1994m9, 1994m11 to slopes. Associated plant taxa include TNCH’s Honouliuli Preserve (HHP 1994m17). Psychotria hexandra (kopiko), 1994n2 to 1994n4, 1994n14, 1994n17). The primary threats to Schiedea Exocarpus luteolus (heau), lama, the The statewide total of 6 populations hookeri are habitat degradation and/or federally threatened Peucedanum comprises fewer than 75 individuals of destruction by feral goats and pigs and sandwicense (makou), and the proposed this species, with between 10 and 50 competition with alien plant taxa. The Euphorbia haeleeleana (a´koko) (HHP individuals on Kauai and about 25 on Kaluakauila Gulch population is also 1994n18; HPCC 1992c2; S. Weller, in Oahu (HHP 1994n2 to 1994n4, 1994n10, potentially threatened by fire and litt. 1994). 1994n14, 1994n17; HPCC 1992c1; S. military activities (HHP 1994m5, Threats to Schiedea kauaiensis Weller, in litt. 1994). Schiedea nuttallii 1994m8, 1994m11 to 1994m13, include habitat degradation and/or typically grows in diverse lowland 1994m15 to 1994m17). destruction by feral pigs, goats, and mesic forest, often with ‘ohi‘a dominant, Schiedea kauaiensis was first deer; competition from several alien between 415 and 730 m (1,360 and collected by Otto Degener and Amy plant taxa; landslides; and a risk of 2,400 ft) elevation. The population on Greenwell in 1952. Degener and E.E. extinction from naturally occurring Kauai is found at 790 m (2,590 ft) Sherff considered this collection from events and/or reduced reproductive elevation. Associated plant taxa include Kauai to be a new variety of Schiedea vigor due to the low number of hame, kopiko, olomea, papala kepau, nuttallii, previously known only from individuals in only two known and Hedyotis acuminata (au) (HHP Oahu, and named it Schiedea nuttallii populations (HHP 1994n18, HPCC 1994n2 to 1994n4, 1994n10, 1994n14, var. pauciflora (Sherff 1952). In 1988, 1992c2). 1994n17, 1994n18; HPCC 1992c1). St. John elevated this variety to species In 1834, Thomas Nuttall collected a Habitat degradation and/or level, naming it Schiedea kauaiensis. specimen of Schiedea nuttallii in the destruction by feral ungulates such as Wagner et al. (1990) recombined this Koolau Mountains of Oahu. Ten years pigs and goats, competition with several species with Schiedea nuttallii, without later, William Hooker described this alien plant taxa, landslides, potential recognizing any varieties. The species (Mill et al. 1988, Nagata 1980). fire, potential military activities, and a authorities on this endemic Hawaiian Other published names considered risk of extinction from naturally genus, Stephen Weller, Ann Sakai, and synonymous with Schiedea nuttallii occurring events and/or reduced Warren Wagner, now accept Schiedea include S. nuttallii var. lihuensis and S. reproductive vigor, due to the small kauaiensis as a distinct species (Stephen oahuensis (Wagner et al. 1990; S. number of populations and individuals, Weller, University of California, Irvine, Weller, in litt. 1994). seriously threaten Schiedea nuttallii in litt. 1994). Weller, Sakai, and Wagner Schiedea nuttallii, a member of the (HHP 1994n2, 1994n17; HPCC 1992c1; consider Schiedea wichmanii St. John to pink family, is a generally hairless, erect C. Russell, pers. comm. 1994). be synonymous with Schiedea subshrub, with stems normally 0.3 to kauaiensis (S. Weller, in litt. 1994). 1.5 m (1 to 5 ft) long, and internodes Previous Federal Action Schiedea kauaiensis, a member of the usually 0.8 to 4 cm (0.3 to 1.6 in.) long. Federal action on these plants began pink family, is a generally hairless, erect The green, sometimes purple-tinged when the Smithsonian Institution’s subshrub, with stems normally 0.3 to leaves are opposite, narrowly egg- report on plants considered to be 1.5 m (1 to 5 ft) long. The green, shaped or lance-shaped to narrowly or endangered or threatened in the United sometimes purple-tinged leaves are broadly elliptic, 5 to 10 cm (2 to 4 in.) States, designated as House Document opposite, narrowly egg-shaped or lance- long, and 1.5 to 2 cm (0.6 to 0.8 in.) No. 94–51, was presented to Congress shaped to narrowly or broadly elliptic, wide. The petalless, perfect flowers are on January 9, 1975. Seven of the 14 up to 13 cm (5 in.) long, and 3.5 cm (1.4 borne in open branched inflorescences, proposed taxa were considered to be in.) wide. The petalless, perfect flowers normally 20 to 25 cm (8 to 10 in.) long. endangered in that document and 2 are borne in open branched The lance-shaped sepals, 2 to 3.8 mm were considered to be threatened. On inflorescences, moderately covered with (0.08 to 1.5 in.) long, are green or July 1, 1975, the Service published a Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51425 notice in the Federal Register (40 FR Platanthera holochila were considered Summary of Factors Affecting the 27823) of its acceptance of the Category 1 species in the 1980 and 1985 Species Smithsonian report as a petition within notices of review. Category 1 species the context of section 4(c)(2) (now (candidates) are those for which the Section 4 of the Endangered Species section 4(b)(3)) of the Act, and giving Service has on file substantial Act and regulations (50 CFR part 424) notice of its intent to review the status information on biological vulnerability promulgated to implement the listing of the plant taxa named therein. The and threats to support preparation of provisions of the Act set forth the Service published an updated notice of listing proposals but for which listing procedures for adding species to the review for plants on December 15, 1980 proposals have not yet been published Federal lists of endangered and (45 FR 82479), September 27, 1985 (50 because they are precluded by other threatened species. A species may be FR 39525), February 21, 1990 (55 FR listing activities. Since the 1993 notice, determined to be an endangered or 6183), and September 30, 1993 (58 FR new information suggests that the nine threatened species due to one or more 51144). Cyanea grimesiana ssp. taxa not previously considered Category of the five factors described in section grimesiana (as Cyanea grimesiana var. 1 species are sufficiently restricted in 4(a)(1). The threats facing the 14 taxa in mauiensis and var. munroi), Euphorbia numbers and distribution and this proposed rule are summarized in haeleeleana, Isodendrion laurifolium, imminently threatened and therefore Table 2. Isodendrion longifolium, and warrant listing.
TABLE 2.ÐSUMMARY OF THREATS
Alien mammals Sub- Species Alien strate Fire Human Limited Cattle Deer Goats Pigs Rats plants loss impacts numbers
Achyranthes mutica ...... X X X X1,3* Cenchrus agrimonioides ...... P P X X P P X2,3 Cyanea grimesiana ssp. XXXPXXPP grimesiana. Cyperus trachysanthos ...... X X1 Euphorbia haeleeleana ...... X X X X X P P Isodendrion laurifolium ...... X X X X P Isodendrion longifolium ...... X X X P P Panicum niihauense ...... X X X1,3 Phyllostegia parviflora ...... P X X X1,3 Platanthera holochila ...... X X X X X1,3 Sanicula purpurea ...... X X P X1 Schiedea hookeri ...... X X X P P Schiedea kauaiensis ...... X X X X X X1,3 Schiedea nuttallii ...... X X X X P P X2,3 Key: X = Immediate and significant threat. P = Potential threat. * = No more than 100 individuals and/or no more than 5 populations. 1 = No more than 5 populations. 2 = No more than 10 populations. 3 = No more than 100 individuals.
These factors and their application to A. The present or threatened more recently by European settlers (all Achyranthes mutica A. Gray (No destruction, modification, or ungulate species) for food and/or common name (NCN)), Cenchrus curtailment of its habitat or range commercial ranching activities. Over the 200 years following their introduction, agrimonioides Trin. (kamanomano), Native vegetation on all of the main their numbers increased and the adverse Cyanea grimesiana Gaud. ssp. Hawaiian Islands has undergone grimesiana (haha), Cyperus extreme alteration because of past and impacts of feral ungulates on native trachysanthos Hook. & Arnott present land management practices vegetation have become increasingly (pu‘uka‘a), Euphorbia haeleeleana including ranching, deliberate alien apparent. Beyond the direct effect of Herbst (NCN), Isodendrion laurifolium animal and plant introductions, and trampling and grazing native plants, A. Gray (aupaka), Isodendrion agricultural development (Cuddihy and feral ungulates have contributed longifolium A. Gray (aupaka), Panicum Stone 1990, Wagner et al. 1985). The significantly to the heavy erosion still niihauense St. John (lau ‘ehu), Northwestern Hawaiian Islands have taking place on most of the main Phyllostegia parviflora (Gaud.) Benth. undergone similar alteration, but to a Hawaiian islands (Cuddihy and Stone (NCN), Platanthera holochila (Hillebr.) lesser degree. The primary threats facing 1990). Kraenzl. (NCN), Sanicula purpurea St. the 14 plant taxa included in this rule Pigs, originally native to Europe, John & Hosaka (NCN), Schiedea hookeri are destruction and modification of Africa, and Asia, were introduced to A. Gray (NCN), Schiedea kauaiensis St. habitat by feral animals and competition Hawaii by the Polynesian ancestors of John (NCN), and Schiedea nuttallii with alien plants (see Factor E). Hawaiians, and later by western Hook. (NCN) are as follows: Thirteen of the 14 taxa in this rule are immigrants. The pigs escaped threatened by feral animals. Animals domestication and invaded primarily such as pigs, goats, axis deer, black- wet and mesic forests of Kauai, Oahu, tailed deer, and cattle were introduced Molokai, Maui, and Hawaii. Pigs pose either by the early Hawaiians (pigs) or an immediate threat to one or more 51426 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules populations of 11 of the proposed taxa and van Riper 1982). One or more individuals on Kauai, and half of the in wet and mesic habitats. While populations of eight of the proposed known populations of Isodendrion foraging, pigs root and trample the forest taxa are currently threatened by direct laurifolium on Kauai. Black-tailed deer floor, encouraging the establishment of damage from feral goats. On Kauai, goats also threaten other rare plants within alien plants in the newly disturbed soil. are contributing to the decline of one Kuia NAR, potentially threatening one Pigs also disseminate alien plant seeds population each of Isodendrion population of Schiedea kauaiensis (HHP through their feces and on their bodies, laurifolium and Isodendrion longifolium 1994g1, 1994g7, 1994h6, 1994h9, accelerating the spread of alien plants and four populations of Euphorbia 1994h11, 1994n18). through native forests (Cuddihy and haeleeleana. Goats threaten the two Large-scale ranching of cattle in the Stone 1990, Stone 1985). Pigs are known populations of Schiedea Hawaiian Islands began in the middle of vectors of Psidium cattleianum kauaiensis and the one population of the 19th century on the islands of Kauai, (strawberry guava) and Schinus Schiedea nuttallii on Kauai (HHP 1989b, Oahu, Maui, and Hawaii. Large ranches terebinthifolius (Christmas berry), 1994g1, 1994g4, 1994g12, 1994g14, tens of thousands of acres in size which threaten several of the proposed 1994h21, 1994i5; HPCC 1992c2). On developed on East Maui and Hawaii taxa (Cuddihy and Stone 1990, Smith Oahu, encroaching urbanization and (Cuddihy and Stone 1990) where most 1985, Stone 1985). Pigs have also hunting pressure tend to concentrate the of the State’s large ranches still exist invaded open bogs where they uproot goat populations in the dry upper slopes today. Degradation of native forests used native plants and create conditions that of the Waianae Mountains, where one for ranching activities became evident allow alien plant species to invade population of Euphorbia haeleeleana, soon after full-scale ranching began. The (Gagne´ and Cuddihy 1990). Sanicula three populations of Isodendrion negative impact of cattle on Hawaii’s purpurea and the Alakai Swamp laurifolium, and two populations of ecosystems is similar to that described population of Platanthera holochila are Schiedea hookeri exist (HHP 1994g13, for goats and deer (Cuddihy and Stone currently threatened by pigs in bogs 1994h16, 1994h18, 1994h20, 1994m13, 1990, Stone 1985). On Maui, cattle (HHP 1994k4, 1994k8, 1994L9). On 1994m15). The goat population in the ranching is the primary agricultural Kauai, one population of Isodendrion Waianae area is apparently increasing in activity on the west and southwest laurifolium and two populations of State game management areas and slopes of East Maui and in lowland Isodendrion longifolium have sustained extending into adjacent areas, becoming regions of West Maui. On West Maui, loss of individual plants and/or habitat an even greater threat to the rare plants the Hanaula population of Platanthera as a result of feral pig activities (HHP that grow there. On Kukuinui Ridge, holochila is threatened by grazing cattle 1994h21, 1994i13, 1994i15; Lorence and Molokai, goats threaten one of that (HHP 1994k9). Cattle pose a potential Flynn 1993). The following proposed island’s two known populations of threat to that island’s only known plant taxa on Oahu are threatened by Cyanea grimesiana ssp. grimesiana population of Cenchrus agrimonioides pigs—three populations of Cenchrus (HHP 1994e7). On Maui, goats pose a (R. Hobdy, pers. comm. 1994). The only agrimonioides, two of Cyanea potential threat to that island’s only known population of Achyranthes grimesiana ssp. grimesiana, two of known population of Cenchrus mutica, in the Keawewai Stream area on Euphorbia haeleeleana, three of agrimonioides (R. Hobdy, pers. comm. the island of Hawaii, is also threatened Isodendrion laurifolium, one of 1994). On Hawaii, the only known by cattle ranching activities (HPCC Isodendrion longifolium, the two population of Achyranthes mutica is 1992a). On Oahu, habitat disturbance caused remaining populations of Phyllostegia presently threatened by goats (HPCC by human activities may pose a threat parviflora, one population of Sanicula 1992a). In 1920, a group of 12 axis deer was to rare plant populations that grow on purpurea, three of Schiedea hookeri, introduced to the island of Lanai; about lands on which military training both populations of Schiedea 60 years later, the population was exercises and ground maneuvers are kauaiensis, and one of Schiedea estimated at 2,800 (Tomich 1986). The occasionally conducted. However, nuttallii (HHP 1994d8, 1994d11, axis deer population is presently because most of the proposed taxa grow 1994d12, 1994e1, 1994e34, 1994g10, actively managed for recreational on moderate to steep slopes, ridges, and 1994g13, 1994h16, 1994h18, 1994h20, hunting by the State Department of gulches, habitat disturbance is probably 1994i2, 1994L1, 1994m5, 1994m12, Land and Natural Resources. Axis deer restricted to foot and helicopter traffic. 1994m13, 1994n2, 1994n18, 1994y1, degrade habitat by trampling and Trampling by ground troops associated 1994z1; HPCC 1992c2). On Maui, feral overgrazing vegetation, which removes with training activities, and pigs are a threat to the largest ground cover and exposes the soil to construction, maintenance, and population of Cyanea grimesiana ssp. erosion (J. Lau, pers. comm. 1994). utilization of helicopter landing and grimesiana, the Waikamoi and Extensive red erosional scars caused by drop-off sites could affect populations of Kapunakea Preserves populations of decades of deer activity are evident on seven of the proposed taxa (Cenchrus Platanthera holochila, and the Eke Lanai. Activity of axis deer threatens agrimonioides, Cyanea grimesiana ssp. Crater population of Sanicula purpurea one of the two populations of Cyanea grimesiana, Euphorbia haeleeleana, (HHP 1994k12, 1994k17, 1994l9; A. grimesiana ssp. grimesiana on Lanai Isodendrion laurifolium, Sanicula Medeiros, pers. comm. 1994). (HHP 1994e37). purpurea, Schiedea hookeri, and Goats, native to the Middle East and Black-tailed deer were first Schiedea nuttallii) that occur on land India, were first successfully introduced introduced to Kauai in 1961 for the leased or owned by the Army (HHP to the Hawaiian Islands in 1792. Feral purpose of sport hunting and today 1994d11, 1994e34, 1994g5, 1994g6, goats now occupy a wide variety of probably number well over 500 animals. 1994g10, 1994h17, 1994L1, 1994m8, habitats from lowland dry forests to The deer are presently confined to the 1994m12, 1994n14; Wagner et al. 1985). montane grasslands on Kauai, Oahu, western side of the island, where they Molokai, Maui, and Hawaii, where they feed on a variety of native and alien B. Overutilization for commercial, consume native vegetation, trample plants (van Riper and van Riper 1982). recreational, scientific, or educational roots and seedlings, accelerate erosion, Black-tailed deer threaten two purposes and promote the invasion of alien plants populations of Euphorbia haeleeleana, Unrestricted collecting for scientific (Scott et al. 1986, Stone 1985, van Riper including almost half of the known or horticultural purposes or excessive Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51427 visits by individuals interested in seeing fruits and strip the bark of some native in conservation districts are chosen by rare plants could result from increased plants, including plants in the considering how best to make multiple publicity. This is a potential threat to all bellflower family (Cuddihy and Stone use of the land (HRS, sect. 205–2). Some of the proposed taxa, but would 1990, Tomich 1986, Wagner et al. 1985; uses, such as maintaining animals for seriously impact the nine taxa whose J. Lau, pers. comm. 1994). The largest hunting, are based on policy decisions, low numbers and/or few populations population of Euphorbia haeleeleana on while others, such as preservation of make them especially vulnerable to Oahu is seriously threatened by rat endangered species, are mandated by disturbance (Achyranthes mutica, predation (HHP 1994g5). It is possible both Federal and State laws. Requests Cenchrus agrimonioides, Cyperus that rats eat the fruits of Cyanea for amendments to district boundaries trachysanthos, Panicum niihauense, grimesiana ssp. grimesiana, which or variances within existing Phyllostegia parviflora, Platanthera produces fleshy fruit and stems and classifications can be made by holochila, Sanicula purpurea, Schiedea grows in areas where rats occur (J. Lau, government agencies and private kauaiensis, and Schiedea nuttallii). pers. comm. 1994). landowners (HRS, sect. 205–4). Before Such disturbances could also promote decisions about these requests are made, D. The inadequacy of existing regulatory erosion and greater ingression of alien the impact of the proposed mechanisms plant species. Some taxa, such as reclassification on ‘‘preservation or Cenchrus agrimonioides, Cyanea Hawaii’s endangered species act maintenance of important natural grimesiana ssp. grimesiana, Isodendrion states, ‘‘Any species of aquatic life, systems or habitat’’ (HRS, sects. 205–4, longifolium, Panicum niihauense, and wildlife, or land plant that has been 205–17) as well as the maintenance of Platanthera holochila, have well-known determined to be an endangered species natural resources is required to be taken populations, or populations close to pursuant to the [Federal] Endangered into account (HRS, sects. 205–2, 205–4). trails or roads, that are possibly Species Act shall be deemed to be an Before any proposed land use that will threatened by trampling or by endangered species under the occur on State land, is funded in part or overcollection (HHP 1994d1, 1994e1, provisions of this chapter * * *’’ (HRS, whole by county or State funds, or will 1994i2, 1994k9). One individual of sect. 195D–4(a)). Therefore, Federal occur within land classified as a Platanthera holochila died in the late listing would automatically invoke conservation district, an environmental 1980s after a portion of the plant was listing under Hawaii State law. State assessment is required to determine collected for scientific purposes (Marie law prohibits cutting, collecting, whether the environment will be Bruegmann, U.S. Fish and Wildlife uprooting, destroying, injuring, or significantly affected (HRS, chapt. 343). Service, in litt. 1994). possessing any listed species of plant on If it is found that an action will have a State or private land, or attempting to significant effect, preparation of a full C. Disease and predation engage in any such conduct. The State Environmental Impact Statement is Disease is not known to be a law encourages conservation of such required. Hawaii environmental policy, significant threat to any of the proposed species by State agencies and triggers and thus approval of land use, is taxa. Evidence of predation on other State regulations to protect the required by law to safeguard ‘‘* * * the Isodendrion laurifolium by deer is species (HRS, sect. 195AD–4 and 5). State’s unique natural environmental documented on Kauai (HHP 1994h6, However, the regulations are difficult to characteristics * * *’’ (HRS, sect. 344– 1994h11). While there is no evidence of enforce because of limited personnel. Of 3(1)) and includes guidelines to ‘‘protect predation on the other 13 taxa, none of the 14 proposed taxa, 10 have endangered species of individual plants them are known to be unpalatable to populations located on private land, 12 and animals * * *’’ (HRS, sect. 344– cattle, deer, or goats. Predation is on State land, 3 on City and County of 4(3)(A)). Federal listing, because it therefore a possible threat to taxa Honolulu land, and 9 on land under automatically invokes State listing, growing at sites where those animals Federal jurisdiction. Of those under would also invoke State regulations have been reported (Achyranthes Federal jurisdiction, four taxa have protecting the plants. mutica, Cyanea grimesiana ssp. populations that occur on land owned grimesiana, Euphorbia haeleeleana, by the Federal government and six on E. Other natural or manmade factors Isodendrion laurifolium, Isodendrion land leased to the Federal government affecting its continued existence longifolium, Platanthera holochila, by the State. While 12 of the taxa occur All 14 of the taxa proposed for listing Schiedea hookeri, and Schiedea in more than 1 of those 4 ownership are threatened by competition with one kauaiensis) (see Factor A). Feral pigs not categories, Achyranthes mutica is or more alien plant taxa (see Table 2). only destroy native vegetation through known only on private land and The most significant of these are their rooting activities and dispersal of Panicum niihauense is found only on Lantana camara (lantana), Psidium alien plant seeds, but they also feed on State land. cattleianum (strawberry guava), Schinus plants, preferring the pithy interior of Eight of the proposed taxa have one terebinthifolius (Christmas berry), large tree ferns and fleshy-stemmed or more populations in State NARs, Rubus rosifolius (thimbleberry), plants from the bellflower family (Stone where rules and regulations for the Clidemia hirta (Koster’s curse), Grevillea 1985, Stone and Loope 1987). Although protection of resources apply (Hawaii robusta (silk oak), Melinis minutiflora there is no conclusive evidence of Revised Statutes (HRS), sect. 195–5). (molasses grass), Paspalum conjugatum predation on Cyanea grimesiana ssp. The majority of the populations of the (Hilo grass), Psidium guajava (common grimesiana, a member of the bellflower 14 proposed taxa are located on land guava), Ageratina adenophora (Maui family, it is not known to be unpalatable classified within conservation districts pamakani), and Ageratina riparia to pigs. Predation is therefore a possible and owned by the State of Hawaii or (Hamakua pamakani). A number of threat to this taxon in areas where pigs private companies or individuals. other alien plant taxa also pose have been reported (HHP 1994e1, Regardless of the owner, lands in these significant threats to populations of the 1994e34). districts are regarded as necessary for proposed plants. Two rat species, the black rat (Rattus the protection of endemic biological Lantana camara (lantana), native to rattus) and the Polynesian rat (Rattus resources, and maintenance or the West Indies, is an aggressive, exulans), and to a lesser extent other enhancement of the conservation of thicket-forming shrub that produces introduced rodents, eat large, fleshy natural resources. Activities permitted chemicals that inhibit the growth of 51428 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules other plant species. Lantana can now be distributed mainly by feral pigs and (HHP 1994e7, 1994e34, 1994h17, found on all of the main islands in fruit-eating birds and forms dense 1994i2, 1994i17, 1994m11, 1994z1; mesic forests, dry shrublands, and other thickets that shade out and displace Lorence and Flynn 1993; H. Bornhorst dry, disturbed habitats (Cuddihy and other plants (Cuddihy and Stone 1990, and S. Perlman, pers. comms. 1992). Stone 1990, Smith 1985, Wagner et al. Smith 1985, Stone 1985). It is a major Grevillea robusta (silk oak), native to 1990). On Kauai, lantana poses a threat component of the mesic forests of the Queensland and New South Wales, to two populations of Euphorbia Waianae and Koolau Mountains of Australia, was extensively planted in haeleeleana and one population of Oahu. Two-thirds of the Cenchrus Hawaii for timber and is now Isodendrion laurifolium within Kuia agrimonioides populations, one-third of naturalized on most of the main NAR, three other populations of the Isodendrion laurifolium Hawaiian Islands (Smith 1985, Wagner Euphorbia haeleeleana, three other populations, 1 of 2 known populations et al. 1990). On Kauai, this alien tree populations of Isodendrion laurifolium, of Phyllostegia parviflora, and 6 of 11 threatens Euphorbia haeleeleana in and one population of Isodendrion populations of Schiedea hookeri are Hipalau Valley. In the Waianae longifolium. In the Waianae Mountains negatively affected by this invasive Mountains of Oahu, silk oak negatively of Oahu, one population each of plant (HHP 1994d8, 1994d11, 1994d12, affects one population each of Cenchrus Cenchrus agrimonioides and Cyanea 1994d14, 1994h2, 1994h16, 1994h18, agrimonioides, Euphorbia haeleeleana, grimesiana ssp. grimesiana and three 1994h20, 1994m5, 1994m11, 1994m15 Isodendrion laurifolium, Schiedea populations of Schiedea hookeri are to 1994m17; 1994y1). hookeri, and Schiedea nuttallii (HHP immediately threatened by this shrub Rubus rosifolius (thimbleberry), 1994d8, 1994g14, 1994h16, 1994m13, (HHP 1994d8, 1994e34, 1994g1, 1994g3, native to Asia, is naturalized in 1994n2). 1994g7, 1994g14, 1994h9, 1994h11, disturbed mesic to wet forest on all of First introduced to the Hawaiian 1994h15, 1994h21, 1994m13, 1994m15, the main Hawaiian Islands (Cuddihy Islands as cattle fodder, Melinis 1994m17; HPCC 1993b; Lorence and and Stone 1990). On Kauai, this shrub minutiflora (molasses grass) was later Flynn 1993). poses a threat to the largest population planted for erosion control (Cuddihy Psidium cattleianum (strawberry of Euphorbia haeleeleana, two and Stone 1990). This alien grass guava), an invasive shrub or small tree populations of Isodendrion laurifolium, quickly spread to dry and mesic forests native to tropical America, has become five populations of Isodendrion previously disturbed by ungulates. widely naturalized on all of the main longifolium, and one population of Molasses grass produces a dense mat Hawaiian islands, forming dense stands Schiedea kauaiensis (HHP 1994g1, capable of smothering plants, essentially that exclude other plant species in 1994h9, 1994h11, 1994i13, 1994i15 to preventing seedling growth and native disturbed areas (Cuddihy and Stone 1994i17; HPCC 1992c2; Lorence and plant reproduction (Cuddihy and Stone 1990). This alien plant grows primarily Flynn 1993). One of the two populations 1990, Smith 1985). Because it burns in mesic and wet habitats and is of Cyanea grimesiana ssp. grimesiana readily and often grows at the border of dispersed mainly by feral pigs and fruit- on Lanai is threatened by thimbleberry forests, molasses grass tends to carry fire eating birds (Smith 1985, Wagner et al. (HHP 1994e37). into areas with woody native plants 1990). Strawberry guava is considered to Clidemia hirta (Koster’s curse), a (Cuddihy and Stone 1990, Smith 1985). be one of the greatest alien plant threats noxious shrub native to tropical It is able to spread prolifically after a to Hawaiian rain forests and is known America, is found in mesic to wet fire and effectively out-compete less to pose a direct threat to at least one forests on at least six islands in Hawaii fire-adapted native plant species, population each of Euphorbia (Almeda 1990, Hawaii Department of ultimately creating a stand of alien grass haeleeleana and Isodendrion Agriculture 1981, Smith 1992). Koster’s where forest once stood. In the Waianae laurifolium and four populations of curse was first reported on Oahu in Mountains on Oahu, molasses grass is a Isodendrion longifolium on the island of 1941 and had spread through much of serious threat to one population each of Kauai (HHP 1994g7, 1994h11, 1994i15, the Koolau Mountains by the early Cenchrus agrimonioides and Euphorbia 1994i16; Lorence and Flynn 1991, 1960s. Koster’s curse spread to the haeleeleana and two populations of 1993). Strawberry guava is a major Waianae Mountains around 1970 and is Schiedea hookeri (HHP 1994d11, invader of forests in the Waianae and now widespread throughout the 1994g10, 1994m8, 1994m11). Koolau Mountains of Oahu, where it southern half of that mountain range. Paspalum conjugatum (Hilo grass) is often forms single-species stands. It This noxious plant forms a dense naturalized in moist to wet disturbed poses an immediate threat to two understory, shading out other plants areas on all of the main Hawaiian populations each of Cenchrus and hindering plant regeneration Islands except Niihau and Kahoolawe, agrimonioides and Isodendrion (Cuddihy and Stone 1990). In the and produces a dense ground cover. On laurifolium and one population each of Waianae Mountains of Oahu, Koster’s Kauai, this perennial grass threatens the Cyanea grimesiana ssp. grimesiana, curse poses a serious threat to two Wahiawa Mountains and Waioli Valley Euphorbia haeleeleana, Isodendrion populations of Cyanea grimesiana ssp. populations of Isodendrion longifolium laurifolium, Isodendrion longifolium, grimesiana, one population of (HHP 1994i15, 1994i17; Lorence and and Schiedea hookeri (HHP 1994d8, Isodendrion longifolium, the largest Flynn 1991, 1993). In the Waianae 1994d12, 1994e34, 1994g13, 1994h18, population of Phyllostegia parviflora, Mountains of Oahu, Hilo grass threatens 1994h20, 1994i2, 1994m12). On Lanai, and one of the largest populations of one population of Cenchrus this invasive alien plant threatens one of Schiedea hookeri. Koster’s curse also agrimonioides and the largest that island’s populations of Cyanea threatens one population of Isodendrion population of Schiedea hookeri (HHP grimesiana ssp. grimesiana (HHP laurifolium in Oahu’s Koolau 1994d11, 1994m13; Lorence and Flynn 1994e37). Mountains. This prolific alien plant has 1993). In Maui’s Kipahulu Valley, this Schinus terebinthifolius (Christmas recently spread to five other islands, grass threatens the largest known berry), introduced to Hawaii before and immediately threatens two population of Cyanea grimesiana ssp. 1911, is a fast-growing tree or shrub populations of Isodendrion longifolium grimesiana (A. Medeiros, pers. comm. invading most mesic to wet lowland in Waioli Valley on Kauai, and one of 1994). areas of the major Hawaiian Islands the two populations of Cyanea Psidium guajava (common guava), a (Wagner et al. 1990). Christmas berry is grimesiana ssp. grimesiana on Molokai shrub or small tree native to the New Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51429
World tropics, is naturalized on all of pods were collected and sold to O’Connor 1990). Kalanchoe pinnata (air the main islands, except perhaps Niihau ranchers for cattle ration. The seeds pass plant) is an herb which occurs on all the and Kahoolawe (Wagner et al. 1990). through the digestive system of cattle main islands except Niihau and Common guava is a serious weed that and spread rapidly throughout the drier Kahoolawe, especially in dry to mesic invades disturbed sites, forming dense habitats of the Hawaiian islands areas (Wagner et al. 1990). Air plant thickets in dry as well as mesic and wet (Geesnick et al. 1990). The only known threatens one population of Schiedea forests (Smith 1985, Wagner et al. 1990). population of Panicum niihauense is kauaiensis (HPCC 1992c2). On Kauai, common guava poses a threat threatened by kiawe (HHP 1994j3, HPCC Fire poses a potential threat to to a population of Isodendrion 1992b). Recently introduced to Hawaii, populations of six of the proposed longifolium in Waioli Valley (Lorence Cyathea cooperi (Australian tree fern) is taxa—Cenchrus agrimonioides, Cyanea and Flynn 1993). In the Waianae being promoted for commercial grimesiana ssp. grimesiana, Euphorbia Mountains of Oahu, this alien plant propagation in Hawaii to decrease haeleeleana, Isodendrion longifolium, threatens the largest populations of exploitation of native tree ferns. Schiedea hookeri, and Schiedea Schiedea hookeri and Schiedea Australian tree fern has recently become nuttallii (HHP 1994e1, 1994e34, 1994g5, nuttallii, while on the island of Hawaii, established on the island of Maui, and 1994g6, 1994g10, 1994i2, 1994m8, common guava threatens the only seriously threatens the largest known 1994m12, 1994m15 to 1994m17). known population of Achyranthes population of Cyanea grimesiana ssp. Because Hawaii’s native plants have mutica (HHP 1994m13, 1994n2; HPCC grimesiana (Cuddihy and Stone 1990; A. evolved with only infrequent, naturally 1992a). Medeiros, pers. comm. 1994). occurring episodes of fire (lava flows, Ageratina adenophora (Maui Pennisetum clandestinum (Kikuyu infrequent lightning strikes), most pamakani) and Ageratina riparia grass), an aggressive, perennial grass species are not adapted to fire and are (Hamakua pamakani), both native to introduced to Hawaii as a pasture grass, unable to recover well after recurring tropical America, have naturalized in withstands trampling and grazing and is fires. Alien plants are often more fire- dry areas to wet forest on Oahu, naturalized on four Hawaiian Islands in adapted than native taxa and quickly Molokai, Lanai, Maui, and Hawaii dry to mesic forest. It produces thick exploit suitable habitat after a fire (Wagner et al. 1990). These two noxious mats which choke out other plants and (Cuddihy and Stone 1990). On Oahu, weeds form dense mats with other alien prevent their seedlings from unintentionally ignited fires have plants and prevent regeneration of establishing and has been declared a resulted from military training exercises native plants (Anderson et al. 1992). In in Makua Military Reservation and the Waianae Mountains of Oahu, two noxious weed by the U.S. Department of Schofield Barracks Military Reservation populations of Schiedea hookeri are Agriculture (7 CFR 360) (O’Connor and pose a possible threat to threatened by both Maui pamakani and 1990, Smith 1985). Kikuyu grass is a populations of Cenchrus agrimonioides, Hamakua pamakani, and the largest threat to the only known population of Euphorbia haeleeleana, and Schiedea population of Phyllostegia parviflora is Achyranthes mutica (HPCC 1992a). The nuttallii that grow in dry and mesic threatened by Maui pamakani (HHP introduced fern Blechnum occidentale forest on those installations 1994m16, 1994m17, 1994y1). On was noted by Dr. Clifford Smith of the (Environment Impact Study Corp. 1977; Hawaii, the only known population of University of Hawaii as a potential pest HHP 1994a, 1994b, 1994d11, 1994g5, Achyranthes mutica is threatened by in 1985 (Cuddihy and Stone 1990, 1994g6, 1994g10, 1994n14; Yoshioka et Hamakua pamakani (HPCC 1992a). Smith 1985). Found in mesic forests, Rubus argutus (Prickly Florida Blechnum occidentale is a threat to one al. 1991). Accidentally or maliciously blackberry) was introduced to the population of Schiedea kauaiensis (HHP set fires in residential areas near the Hawaiian Islands in the late 1800s from 1994n18). Conyza bonariensis (hairy Lualualei Naval Magazine and the the continental U.S. (Haselwood and horseweed) is nearly cosmopolitan in Makua Military Reservation could easily Motter 1983). The fruits are easily distribution, although it is perhaps spread and pose a possible threat to one spread by birds to open areas such as native to South America. It was of the four populations of Cenchrus disturbed mesic or wet forests, where naturalized in Hawaii prior to 1871 and agrimonioides, most of the island’s the species forms dense, impenetrable is a common weed in various urban and individuals of Euphorbia haeleeleana, thickets (Smith 1985). The largest non-urban areas throughout Hawaii, one population of Isodendrion population of Cenchrus agrimonioides generally in dry habitats. It threatens the longifolium, several populations of on Oahu is threatened by prickly only known population of Achyranthes Schiedea hookeri, and one population of Florida blackberry, as well as other alien mutica (HPCC 1992a, Wagner et al. Schiedea nuttallii (HHP 1994d11, plant taxa (HHP 1994d8). Leucaena 1990). Opuntia ficus-indica (panini) was 1994g5, 1994g6, 1994g10, 1994i2, leucocephala (koa haole) is a introduced to Hawaii prior to 1809 from 1994m8, 1994m15 to 1994m17, naturalized shrub which is sometimes Mexico and has become naturalized in 1994n14). the dominant species in low elevation, dry, disturbed habitats on Kauai, Oahu, Erosion, landslides, and rockslides dry, disturbed areas on all of the main Maui, Kahoolawe, and Hawaii. Panini due to natural weathering result in the Hawaiian islands (Geesnick et al. 1990). threatens the only known population of death of individual plants as well as On Kauai, the only known population of Achyranthes mutica (HPCC 1992a, habitat destruction. This especially Panicum niihauense is threatened by Wagner et al. 1990). Axonopus affects the continued existence of taxa several alien plants, including koa haole fissifolius (narrow-leaved carpet grass) or populations found on cliffs and steep (HHP 1994j3, HPCC 1992b). Oahu’s only is native to subtropical North America slopes that have limited numbers and/ known population of Cyperus and the New World tropics. Introduced or narrow ranges such as the Oahu trachysanthos is threatened by alien to Hawaii in 1912, narrow-leaved carpet populations of Cyanea grimesiana ssp. grasses and possibly by koa haole (HHP grass has become common in wet grimesiana, the Pahole-Makua Ridge 1994f1; J. Lau, pers. comm. 1994). pastures, disturbed wet forest, and bogs population of Schiedea nuttallii on Prosopis pallida (kiawe) was introduced on Kauai, Oahu, Lanai, Maui, and Oahu, and the Kalalau Valley to Honolulu from a single seed grown Hawaii. Narrow-leaved carpet grass is a population of Schiedea kauaiensis on on the Catholic Mission Grounds in threat to one population of Sanicula Kauai (HHP 1994n2; HPCC 1992c2; L. 1828. In the early part of this century, purpurea on Oahu (HHP 1994L1, Mehrhoff, pers. comm. 1995). 51430 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
The small number of populations and endangered status for these 13 taxa is precise maps and descriptions of critical individuals of many of these taxa warranted. habitat in the Federal Register and local increases the potential for extinction Although populations of Isodendrion newspapers as required in a proposal for from naturally occurring events. The longifolium are threatened by habitat critical habitat would increase the small gene pool may depress degradation and/or destruction by goats degree of threat to these plants from take reproductive vigor, or a single human- and pigs and competition with six alien or vandalism and, therefore, could caused or natural environmental plant species, the larger distribution of contribute to their decline. The listing of disturbance could destroy a significant populations and total numbers of plants these taxa publicizes the rarity of the percentage of the individuals or the only reduce the likelihood that this species plants and, thus, can make these plants extant population. Two of the proposed will become extinct in the near future. attractive to researchers, curiosity plant taxa, Achyranthes mutica and For these reasons, Isodendrion seekers, or collectors of rare plants. All Panicum niihauense, are each known longifolium is not now in immediate involved parties and the major from a single population. Five danger of extinction throughout all or a landowners have been notified of the significant portion of its range. additional proposed taxa have 5 or location and importance of protecting However, Isodendrion longifolium is fewer populations (Cyperus the habitat of these taxa. Additional likely to become endangered in the protection of the habitat of these taxa trachysanthos, Phyllostegia parviflora, foreseeable future if the threats affecting will be addressed through the recovery Platanthera holochila, Sanicula it are not curbed. As a result, process and through the section 7 purpurea, and Schiedea kauaiensis), Isodendrion longifolium is proposed to consultation process. The Service finds and 7 of the taxa are estimated to be listed as a threatened species. that designation of critical habitat for number no more than 100 individuals Critical habitat is not being proposed these 14 taxa is not prudent at this time. (Achyranthes mutica, Cenchrus for the 14 taxa included in this rule for Such a designation would increase the agrimonioides, Panicum niihauense, reasons discussed in the ‘‘Critical degree of threat from vandalism, Phyllostegia parviflora, Platanthera Habitat’’ section of this proposal. collecting, or other human activities and holochila, Schiedea kauaiensis, and Critical Habitat is unlikely to aid in the conservation of Schiedea nuttallii). All of the proposed these taxa. taxa either number fewer than 20 Critical habitat is defined in section 3 populations or total fewer than 1,000 of the Act as—(i) the specific areas Available Conservation Measures individuals (see Table 2). within the geographical area occupied Conservation measures provided to The Service has carefully assessed the by a species, at the time it is listed in species listed as endangered or best scientific and commercial accordance with the Act, on which are threatened under the Act include found those physical or biological information available regarding the past, recognition, recovery actions, features (I) essential to the conservation present, and future threats faced by requirements for Federal protection, and of the species and (II) that may require these taxa in determining to propose prohibitions against certain activities. special management consideration or this rule. Based on this evaluation, the Recognition through listing can protection; and (ii) specific areas preferred action is to propose listing 13 encourage and result in conservation outside the geographical area occupied actions by Federal, State, and local of these plant taxa as endangered by a species at the time it is listed, upon (Achyranthes mutica, Cenchrus agencies, private organizations, and a determination that such areas are individuals. The Act provides for agrimonioides, Cyanea grimesiana ssp. essential for the conservation of the possible land acquisition and grimesiana, Cyperus trachysanthos, species. ‘‘Conservation’’ means the use cooperation with the State and requires Euphorbia haeleeleana, Isodendrion of all methods and procedures needed that recovery plans be developed for laurifolium, Panicum niihauense, to bring the species to the point at listed species. The protection required Phyllostegia parviflora, Platanthera which listing under the Act is no longer of Federal agencies and the prohibitions holochila, Sanicula purpurea, Schiedea necessary. against certain activities involving listed hookeri, Schiedea kauaiensis, and Section 4(a)(3) of the Act, as plants are discussed, in part, below. Schiedea nuttallii) and Isodendrion amended, and implementing regulations Section 7(a) of the Act, as amended, longifolium as threatened. The 13 taxa (50 CFR 424.12) require that, to the requires Federal agencies to evaluate proposed as endangered are threatened maximum extent prudent and their actions with respect to any species by one or more of the following—habitat determinable, the Secretary propose that is proposed or listed as endangered degradation and/or predation by pigs, critical habitat at the time a species is or threatened and with respect to its goats, deer, cattle, and rats; competition determined to be endangered or critical habitat, if any is being for space, light, water, and nutrients threatened. The Service finds that designated. Regulations implementing from alien plants; habitat loss from fires; designation of critical habitat is not this interagency cooperation provision human impacts from military training prudent for the 14 taxa proposed in this of the Act are codified at 50 CFR part practices and recreational activities; and rule. Service regulations (50 CFR 402. Section 7(a)(4) requires Federal substrate loss. Seven of the proposed 424.12(a)(1)) state that designation of agencies to confer with the Service on taxa have 5 or fewer populations, and 7 critical habitat is not prudent when one any action that is likely to jeopardize of the taxa are estimated to number no or both of the following situations the continued existence of a species more than 100 individuals. Small exist—(1) The species is threatened by proposed for listing or result in population size and limited distribution taking or other human activity, and destruction or adverse modification of make these taxa particularly vulnerable identification of critical habitat can be proposed critical habitat. If a species is to extinction from reduced reproductive expected to increase the degree of threat listed subsequently, section 7(a)(2) vigor or from naturally occurring events. to the species, or (2) such designation of requires Federal agencies to ensure that Because these 13 taxa are in danger of critical habitat would not be beneficial activities they authorize, fund, or carry extinction throughout all or a significant to the species. As discussed under out are not likely to jeopardize the portion of their ranges, they fit the Factor B, these taxa are threatened by continued existence of a listed species definition of endangered as defined in overcollection, due to low numbers or or to destroy or adversely modify its the Act. Therefore, the determination of population size. The publication of critical habitat. If a Federal action may Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51431 affect a listed species or its critical prohibitions apply to agents of the reasons why any habitat should or habitat, the responsible Federal agency Service and State conservation agencies. should not be determined to be critical must enter into formal consultation with The Act and 50 CFR 17.62, 17.63, and habitat as provided by section 4 of the the Service. 17.72 also provide for the issuance of Act; Nine of the endangered taxa occur on permits to carry out otherwise (3) Additional information concerning land under Federal jurisdiction, prohibited activities involving listed the range, distribution, and population including the following agencies—U.S. plant species under certain size of these taxa; and circumstances. Such permits are Army, U.S. Navy, and National Park (4) Current or planned activities in the available for scientific purposes and to Service. Of those, four taxa are found on subject area and their possible impacts enhance the propagation or survival of federally owned land and six taxa occur on these taxa. on land leased by the Federal the species. For threatened plants, The final decision on this proposal government from the State. Activities permits are also available for botanical will take into consideration the carried out by the U.S. Army include or horticultural exhibition, educational comments and any additional ordnance training practices, ground purposes, or special purposes consistent information received by the Service, and troop training activities, and with the purposes of the Act. It is such communications may lead to a construction, maintenance, and anticipated that few permits would be final regulation that differs from this utilization of helicopter landing and sought or issued because these 14 taxa proposal. drop-off sites. The Army is coordinating are not common in cultivation or in the with TNCH to develop management wild. The Endangered Species Act provides plans for Schofield Barracks Military It is the policy of the Service (59 FR for one or more public hearings on this Reservation, Kawailoa Training Area, 34272) to identify to the maximum proposal, if requested. Requests must be extent practicable at the time a species and Makua Military Reservation to limit received within 45 days of the date of is listed those activities that would or the impact of these activities on publication of the proposal in the would not constitute a violation of endangered species and their habitats. Federal Register. Such requests must be section 9 of the Act. Such information The Navy is in the process of made in writing and addressed to the is intended to clarify the potential developing a management plan for Ecoregion Manager (see ADDRESSES impacts of a species’ listing on proposed Lualualei Naval Magazine. The National section). and ongoing activities within the Park Service actively monitors and species’ range. Nine of the proposed National Environmental Policy Act manages rare and endangered species taxa occur on Federal lands under the populations within Haleakala National The Service has determined that jurisdiction of the U.S. Army, U.S. Park. Environmental Assessments or Navy, or National Park Service. Environmental Impact Statements, as The Act and its implementing Collection, damage, or destruction of regulations set forth a series of general defined under the authority of the these taxa on Federal lands is prohibited National Environmental Policy Act of prohibitions and exceptions that apply without a Federal endangered species to all endangered and threatened plants. 1969, need not be prepared in permit. Such activities on non-Federal connection with regulations adopted With respect to the 14 proposed taxa in lands would constitute a violation of this rule, all prohibitions of section pursuant to section 4(a) of the section 9 if conducted in knowing Endangered Species Act of 1973, as 9(a)(2) of the Act, implemented by 50 violation of Hawaii State law or CFR 17.61 for endangered plants and amended. A notice outlining the regulations or in violation of State Service’s reasons for this determination 17.71 for threatened plants, would criminal trespass law. The Service is not apply. These prohibitions, in part, make was published in the Federal Register aware of any trade in these species. on October 25, 1983 (48 FR 49244). it illegal for any person subject to the Requests for copies of the regulations jurisdiction of the United States to concerning listed plants and inquiries References Cited import or export any endangered plant regarding prohibitions and permits may species; transport such species in A complete list of all references cited be addressed to the Fish and Wildlife herein is available upon request from interstate or foreign commerce in the Service, Ecological Services, course of a commercial activity, sell or the Pacific Islands Ecoregion (see Endangered Species Permits Branch, ADDRESSES section). offer for sale such a species in interstate 911 N.E. 11th Avenue, Portland, Oregon or foreign commerce; remove and 97232–4181 (telephone: 503/231–6241; Author reduce such a species to possession facsimile: 503/231–6243). from areas under Federal jurisdiction; The primary author of this proposed maliciously damage or destroy any such Public Comments Solicited rule is Marie M. Bruegmann, Pacific species from areas under Federal The Service intends that any final Islands Ecoregion Office (see ADDRESSES jurisdiction; or remove, cut, dig up, or action resulting from this proposal will section). Substantial data were damage or destroy any such species in be as accurate and as effective as contributed by the Hawaii Heritage knowing violation of any State law or possible. Therefore, comments or Program. regulation, including State criminal suggestions from the public, other List of Subjects in 50 CFR Part 17 trespass law. Section 4(d) of the Act concerned governmental agencies, the allows for the provision of such scientific community, industry, or any Endangered and threatened species, protection to threatened species through other interested party concerning this Exports, Imports, Reporting and regulation. This protection may apply to proposed rule are hereby solicited. recordkeeping requirements, and Isodendrion longifolium in the future if Comments particularly are sought Transportation. regulations are promulgated. Seeds from concerning: Proposed Regulation Promulgation cultivated specimens of threatened (1) Biological, commercial trade, or plants are exempt from these other relevant data concerning any Accordingly, the Service hereby prohibitions provided that their threat (or lack thereof) to the 14 taxa; proposes to amend part 17, subchapter containers are marked ‘‘Of Cultivated (2) The location of any additional B of chapter I, title 50 of the Code of Origin.’’ Certain exceptions to the populations of these taxa and the Federal Regulations, as set forth below: 51432 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
PART 17Ð[AMENDED] Authority: 16 U.S.C. 1361–1407; 16 U.S.C. the List of Endangered and Threatened 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Plants to read as follows: 1. The authority citation for part 17 625, 100 Stat. 3500; unless otherwise noted. § 17.12 Endangered and threatened plants. continues to read as follows: 2. Section 17.12(h) is amended by adding the following, in alphabetical * * * * * order under FLOWERING PLANTS, to (h) * * *
Species Criti- Spe- Historic Family name Status When cal cial Scientific name Common name range listed habitat rules
FLOWERING PLANTS Achyranthes mutica ...... None ...... U.S.A. (HI) .. Amaranthaceae ...... E NA NA
******* Cenchrus agrimonioides ...... Kamanomano ...... U.S.A. (HI) .. Poaceae ...... E NA NA
******* Cyanea grimesiana ssp. Haha ...... U.S.A. (HI) .. Campanulaceae ...... E NA NA grimesiana.
******* Cyperus trachysanthos ...... Pu'uka'a ...... U.S.A. (HI) .. Cyperaceae ...... E NA NA
******* Euphorbia haeleeleana ...... 'Akoko ...... U.S.A. (HI) .. Euphorbiaceae ...... E NA NA
******* Isodendrion laurifolium ...... Aupaka ...... U.S.A. (HI) .. Violaceae ...... E NA NA
******* Isodendrion longifolium ...... Aupaka ...... U.S.A. (HI) .. Violaceae ...... T NA NA
******* Panicum niihauense ...... Lau 'ehu ...... U.S.A. (HI) .. Poaceae ...... E NA NA
******* Phyllostegia parviflora ...... None ...... U.S.A. (HI) .. Lamiaceae ...... E NA NA
******* Platanthera holochila ...... None ...... U.S.A. (HI) .. Orchidaceae ...... E NA NA
******* Sanicula purpurea ...... None ...... U.S.A. (HI) .. Apiaceae ...... E NA NA
******* Schiedea hookeri ...... None ...... U.S.A. (HI) .. Caryophyllaceae ...... E NA NA
******* Schiedea kauaiensis ...... None ...... U.S.A. (HI) .. Caryophyllaceae ...... E NA NA
******* Schiedea nuttallii ...... None ...... U.S.A. (HI) .. Caryophyllaceae ...... E NA NA
*******
Dated: September 20, 1995. 50 CFR Part 17 as amended. The guajo´n is endemic to John G. Rogers, Puerto Rico and is restricted to the RIN 1018±AD52 Acting Director, Fish and Wildlife Service. Pandura mountain range in the [FR Doc. 95–24337 Filed 9–29–95; 8:45 am] Endangered and Threatened Wildlife southeastern part of the island. It is threatened in this area by agricultural, BILLING CODE 4310±55±P and Plants; Proposed Threatened Status for the Guajo n rural, and industrial development and the associated infrastructure. This AGENCY: Fish and Wildlife Service, proposal, if made final, will implement Interior. the Federal protection and recovery ACTION: Proposed rule. provisions afforded by the Act for E. SUMMARY: The Fish and Wildlife Service cooki. (Service) proposes to determine the DATES: Comments from all interested guajo´n (Eleutherodactylus cooki) to be a parties must be received by December 1, threatened species pursuant to the 1995. Public hearing requests must be Endangered Species Act (Act) of 1973, received by November 16, 1995. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51433
ADDRESSES: Comments and materials boulders. Such grottoes are commonly Summary of Factors Affecting the concerning this proposal should be sent referred to as guajonales. It is from the Species to the Field Supervisor, Caribbean Field grottoes or guajonales that the frog Section 4(a)(1) of the Endangered Office, U.S. Fish and Wildlife Service, derives its name, the guajo´n. The Species Act (16 U.S.C. 1531 et seq.) and P.O. Box 491, Boquero´n, Puerto Rico species is apparently limited in regulations (50 CFR part 424) 00622. Comments and materials distribution by the rock formation promulgated to implement the listing received will be available for public where it occurs (Rivero 1978, Joglar provisions of the Act set forth the inspection, by appointment, during 1992). Joglar (1992) documented procedures for adding species to the normal business hours at this office, and population fluctuations, apparently Federal lists. A species may be at the Service’s Southeast Regional related to precipitation and temperature. determined to be endangered or Office, 1875 Century Boulevard, Numbers are lowest during the winter threatened due to one or more of the Atlanta, Georgia 30345. months, during the period of least five factors described in section 4(a)(1). FOR FURTHER INFORMATION CONTACT: Ms. rainfall and lowest temperatures. The These factors and their application to Susan Silander at the Caribbean Field number of egg clutches and juveniles the guajo´n (Eleutherodactylus cooki) are Office address (809/851–7297) or Mr. was greatest during the months of as follows: William C. Hunter at the Atlanta, October and September. Eggs are laid on A. The Present or Threatened Georgia, Regional Office address (404/ the humid faces of boulders within the Destruction, Modification, or 331–3580). grottoes and the clutches of up to 59 Curtailment of Its Habitat or Range eggs are apparently guarded by the SUPPLEMENTARY INFORMATION: males (Rivero 1978). The guajo´n is only known from the Background municipalities of Yabucoa and San During surveys conducted by Drewry Lorenzo in the Pandura mountain range With over 400 described species, (1986) and Joglar (1992), the guajo´n was Eleutherodactylus is the largest in the extreme southeastern corner of found at its historical localities, all of Puerto Rico. Deforestation and earth vertebrate genus. Two major centers of which occur within the municipalities species diversity occur: northwestern movement for agricultural and rural of Yabucoa and San Lorenzo. Little development have encroached upon South America and the West Indies. historical data are available on Almost all species possess ‘‘t-shaped’’ known habitat of the species. Road abundance, therefore, reductions in construction and the associated cut and terminal phalanges, probably an populations are difficult to document. fill has eliminated habitat (Drewry adaptation for climbing and Nevertheless, E. cooki is endemic to 1986). A major four lane highway is reproductively, these frogs have direct Puerto Rico, extremely restricted in currently proposed through the area, as development, allowing for reproduction geographical distribution and occurs is the construction of a major reservoir. away from water. In the West Indies, only on privately-owned lands. Threats Eleutherodactylus species are a include fire, deforestation and earth B. Overutilization for Commercial, dominant amphibian group. No single movement for agricultural activities and Recreational, Scientific, or Educational species is naturally found on more than rural development, road construction, Purposes one of the four Greater Antilles, and including the construction of a major Although not previously identified as most are restricted to small areas within four lane highway, and the construction a determinant factor in the decline of an island (Hedges 1989). Seventeen of a reservoir. the guajo´n specifically, scientific species of this genus are known from collecting of related species of coqui in Puerto Rico and collectively, they are Previous Federal Action Puerto Rico has contributed to declines. commonly known as ‘‘coquis’’ (Rivero In the Service’s notices of review for In a survey of only seven museums in 1978, Moreno 1991). vertebrate candidates published in the both Puerto Rico and the United States, The guajo´n (Eleutherodactylus cooki), numerous specimens of the web-footed also known commonly as ‘‘demon of Federal Register of December 30, 1982 (47 FR 58454), September 18, 1985 (50 coqui (E. karlschmidti) and the mottled Puerto Rico’’ or ‘‘demonio de Puerto coqui (E. eneidae) were located, with a Rico,’’ is a relatively large frog, FR 37958), January 6, 1989 (55 FR 17475) and November 21, 1991 (56 FR total of 473 preserved individuals of the approximately 8.5 centimeters (3.3 former and 325 of the latter species inches) in length. It is solid brown in 58804), Eleutherodactylus cooki was included as a category 2 species. (Joglar 1992). Both of these related color, although males and some females species’ status are under evaluation by may have a yellow throat. In both sexes, Category 2 species (now recognized as species of concern to the Service) are the Service because of their extreme the frogs have large, white-rimmed eyes, rarity. Collection of Eleutherodactylus giving the species a specter or phantom- taxa for which there is information to indicate that listing may be appropriate, sp. for use in local art has also been like appearance. It is characterized by documented, and such activities are having large truncate discs and by a but for which there is insufficient data to support a listing proposal. currently being evaluated by the peculiar, melodious and low voice Commonwealth government for possible which is completely different from any During a symposium/workshop on regulation. other species of Eleutherodactylus in Puerto Rican reptiles and amphibians Puerto Rico (Rivero 1978). Rivero (1978) held in Puerto Rico in April of 1990, C. Disease or Predation states that its peculiar calling and Moreno (1991) believed that the guajo´n Disease has not been documented as phantom-like appearance made many was declining and in urgent need of a a factor in the decline of this species. local people fearful of the species, status survey. Status surveys conducted However, examination of both preserved believing that the mere sight of an in 1991 and 1992 indicated that the and live specimens of the guajo´n animal would be fatal. guajo´n is extremely restricted in revealed that the species is parasitized The guajo´n, first collected in 1932, is distribution and currently faces by the tick Ornithodoros talaje. known only from the Pandura range in significant threats (Joglar 1992). The Nevertheless, the effect of this parasite southeastern Puerto Rico and west to Service recently elevated the guajo´n to on the guajo´n has yet to be studied Patillas/San Lorenzo where it lives in candidate status and is proposing it for (Joglar 1992). Introduced species such as crevices and grottoes in and among threatened status. cats, rats and mongoose, active at night, 51434 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules may adversely affect densities of this accordance with the Act, on which are have consequently been described only species by feeding on the frogs and their found those physical or biological in general terms in this proposed rule. eggs. features (I) essential to the conservation Any existing precise locality data would of the species and (II) that may require be available to appropriate Federal, D. The Inadequacy of Existing special management considerations or State, and local government agencies Regulatory Mechanisms protection and; (ii) specific areas from the Service office described in the The guajo´n is not currently protected outside the geographical area occupied ADDRESSES section. by Commonwealth regulations. Federal by a species at the time it is listed, upon Regulations promulgated for listing will provide immediate a determination that such areas are implementing section 7 of the Act protection for the species and enhance essential for the conservation of the provide for both a jeopardy standard, its protection and possibilities for species. ‘‘Conservation’’ means the use based on listing alone, and for a funding needed research. of all methods and procedures needed destruction or adverse modification E. Other Natural or Manmade Factors to bring the species to the point at standard, in cases where critical habitat ´ Affecting Its Continued Existence which listing under the Act is no longer has been designated. The guajon necessary. occupies an extremely restricted The decline in populations of Section 4(a)(3) of the Act, as geographic area in Puerto Rico and, amphibians has become apparent amended, and implementing regulations once listed, the Service believes that globally. Factors which may be (50 CFR 424.12) require that, to the protection of guajo´n habitat can be responsible for the decline of maximum extent prudent and accomplished through the section 7 amphibians include: habitat destruction determinable, the Secretary designate jeopardy standard, and through section and modification, acid rain, pesticide critical habitat at the time the species is 9 prohibitions against take. contamination, introduction of non- determined to be endangered or Available Conservation Measures native predators and competitors, threatened. The Service finds that the agriculture, mining and logging, designation of critical habitat is not Conservation measures provided to increased levels of ultraviolet radiation, prudent for the guajo´n. Service species listed as endangered or collection, and global climatic change regulations (50 CFR 424.12(a)(1)) state threatened under the Endangered (Wake and Morowitz 1991). that designation of critical habitat is not Species Act include recognition, Flash floods, droughts, and prudent when one or both of the recovery actions, requirements for catastrophic storms, such as Hurricane following situations exist—(1) The Federal protection, and prohibitions Hugo which occurred in 1989, may have species is threatened by taking or other against certain practices. Recognition caused localized extirpations of other human activity, and identification of through listing results in conservation species of Eleutherodactylus in specific critical habitat can be expected to actions by Federal, Commonwealth, and areas in Puerto Rico (Burrowes and increase the degree of threat to the private agencies, and individuals. The Joglar 1991, Joglar 1992). Hurricane species, or (2) such designation of Act provides for possible land Hugo negatively affected the abundance critical habitat would not be beneficial acquisition and cooperation with the of E. portoricensis, a species which is to the species. Commonwealth and requires that not abundant and is restricted in While collection has not been recovery actions be carried out for all distribution (Joglar and Burrowes 1991). documented as contributing to the listed species. Such actions are initiated The guajo´n is endemic to Puerto Rico decline of the guajo´n specifically, large by the Service following listing. The and extremely restricted in distribution, numbers of other Eleutherodactylus protection required of Federal agencies it is known only from the southeastern species, including several identified as and the prohibitions against taking and part of the island. species at risk, have been documented harm are discussed, in part, below. The Service has carefully assessed the in scientific collections. Collection of Section 7(a) of the Act, as amended, best scientific and commercial Eleutherodactylus sp. has been requires Federal agencies to evaluate information available regarding the past, documented for use by local artisans, their actions with respect to any species present, and future threats faced by this and such collection is currently under that is proposed or listed as endangered species in determining to propose this evaluation by the Commonwealth or threatened and with respect to its rule. Based on this evaluation, the government for possible regulation. In critical habitat, if any is being preferred action is to list addition, due to appearance of the designated. Regulations implementing Eleutherodactylus cooki as threatened. animal, Rivero (1978) stated that local this interagency cooperation provision Since the species is extremely restricted people were fearful of them. This fear of the Act are codified at 50 CFR part in distribution and specialized in could lead to killing of guajo´n. 402. Section 7(a)(4) requires Federal habitat. Activities such as dam and road The guajo´n is rare and restricted in agencies to confer with the Service on construction and land conversion to range, and taking for scientific purposes any action that is likely to jeopardize agriculture threaten to significantly and private collection would pose a the continued existence of a species reduce available habitat. While not in serious threat to the species if specific proposed for listing or result in immediate danger of extinction, the site information were released. The destruction or adverse modification of guajo´n is likely to become an publication of critical habitat maps in proposed critical habitat. If a species is endangered species in the foreseeable the Federal Register and local listed subsequently, section 7(a)(2) future if present threats continue. The newspapers and other publicity requires Federal agencies to ensure that reasons for not proposing critical habitat accompanying critical habitat activities they authorize, fund, or carry for these species are discussed below in designation would likely increase the out are not likely to jeopardize the the ‘‘Critical Habitat’’ section. collection threat and increase the continued existence of the species or potential for vandalism if such destroy or adversely modify its critical Critical Habitat designation were proposed. The Service habitat. If a Federal action may affect a Critical habitat is defined in section 3 believes, therefore, that the listed species or its critical habitat, the of the Act as: (i) The specific areas identification of critical habitat may responsible Federal agency must enter within the geographical area occupied increase the threat to the species. The into formal consultation with the by a species, at the time it is listed in locations of populations of this species Service. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51435
Federal agency actions that may a violation of section 9, provided these concerned governmental agencies, the require conference and/or consultation activities are carried out in accordance scientific community, industry, or any as described in the preceding paragraph with existing regulations and permit other interested party concerning any include: the Army Corps of Engineers requirements: aspect of this proposed rule are hereby and/or National Resource Conservation (1) Momentary moving of an solicited. Comments particularly are Service (previously Soil Conservation individual guajo´n out of danger (e.g., sought concerning: Service) involvement in the road, path); (1) Biological, commercial trade, or construction of a reservoir; Farmer’s (2) Possession of legally acquired other relevant data concerning any Home Administration funding of water, guajo´n, under Service-approved threat (or lack thereof) to the guajo´n; sewer, and power lines as well as permitted conditions; and (2) The location of any additional residential developments; and the (3) Federally approved projects that populations of this species, and the Federal Highway Administration’s involve activities, such as, dam and reasons why any habitat should or involvement in the construction of road construction, earth movement for should not be determined to be critical small roads and a major highway agricultural activities and rural habitat pursuant to section 4 of the Act; through the area. development, or diversion or alteration (3) Additional information concerning The Act and its implementing of surface or ground water flow into or the range, distribution and population regulations set forth a series of general out of grottoes (e.g., due to roads, size of this species; and trade prohibitions and exceptions that impoundments, discharge pipes, storm (4) Current or planned activities in the apply to all threatened wildlife. The water detention basins, etc.), when such subject areas and their possible impacts prohibitions, codified at 50 CFR 17.21 activity is conducted in accordance with on this species. and 17.31, in part, make it illegal for any any reasonable and prudent measures Final promulgation of the regulation person subject to the jurisdiction of the given by the Service in accordance with on the guajo´n will take into United States to take (includes harass, section 7 of the Act. consideration the comments and any harm, pursue, hunt, shoot, wound, kill, Activities that the Service believes additional information received by the trap, or collect; or to attempt any of could potentially result in ‘‘take’’ of the Service, and such communications may these), import or export, ship in guajo´n, include, but are not limited to: lead to a final regulation that differs interstate commerce in the course of (1) Unauthorized collecting or capture from this proposal. commercial activity, or sell or offer for of the species, except as noted above to The Endangered Species Act provides sale in interstate or foreign commerce momentarily move an individual out of for one or more public hearings on this any listed species. It is also illegal to harm’s way; proposal, if requested. Requests must be possess, sell, deliver, carry, transport, or (2) Purposeful introduction of exotic filed within 45 days of the publication ship any such wildlife that has been species, such as cats, rats and of the proposal in the Federal Register. taken illegally. Certain exceptions apply mongoose, that may adversely affect Such requests must be made in writing to agents of the Service and densities of this species by feeding on and addressed to the Field Supervisor, Commonwealth conservation agencies. adults or eggs; Caribbean Field Office, U.S. Fish and Permits may be issued to carry out (3) Unauthorized destruction/ Wildlife Service, P.O. Box 491, otherwise prohibited activities alteration of the species’ habitat (e.g., Boquero´n, Puerto Rico 00622. involving threatened wildlife species rock removal, discharge of fill materials, National Environmental Policy Act under certain circumstances. earth movement for agricultural Regulations governing permits are at 50 activities and rural development, or The Fish and Wildlife Service has CFR 17.32. Such permits are available diversion or alteration of surface or determined that an Environmental for scientific purposes, to enhance the ground water flow into or out of Assessment, as defined under the propagation or survival of the species, grottoes) when such activity is not authority of the National Environmental and/or for incidental take in connection conducted in accordance with section 7 Policy Act of 1969, need not be with otherwise lawful activities. For of the Act; prepared in connection with regulations threatened species, permits are also (4) Pesticide applications in violation adopted pursuant to section 4(a) of the available for zoological exhibition, of label restrictions; and Endangered Species Act of 1973, as educational purposes, or special (5) Discharges or dumping of toxic amended. A notice outlining the purposes consistent with the purposes chemicals, silt, or other pollutants into Service’s reasons for this determination of the Act. Requests for copies of the areas supporting this species. was published in the Federal Register regulations regarding listed wildlife and Questions regarding whether specific on October 25, 1983 (48 FR 49244). inquiries about prohibitions and permits activities will constitute a violation of References Cited may be addressed to the Service’s section 9 should be directed to the Field Southeast Regional Office, 1875 Century Supervisor of the Service’s Caribbean Burrowes, P.A., and R.L. Joglar. 1991. A survey of the population status and an Boulevard, Atlanta, Georgia 30345 (404/ Field Office (see ADDRESSES section). ecological evaluation of three Puerto Rican 679–7110). Requests for copies of the regulations on frogs. In J.A. Moreno, ed., Status y It is the policy of the Service (59 FR listed species and inquiries regarding Distribucio´n de los Anfibios y Reptiles de 34272) to identify to the maximum prohibitions and permits should be Puerto Rico. Publ. Cien. Misc. No.1. pp. extent practicable those activities that addressed to the U.S. Fish and Wildlife 42–46. Departamento de Recursos would or would not constitute a Service, Ecological Services (TE), 1875 Naturales y Ambientales, San Juan, Puerto violation of section 9 of the Act at the Century Boulevard, Atlanta, Georgia Rico. time of listing. The intent of this policy 30345–3301 (404/679–7096). Drewry, G.E. 1986. Golden coqui recovery is to increase public awareness of the survey and brief status evaluation of five effect of listing on proposed or ongoing Public Comments Solicited other Puerto Rican Eleutherodactylus species. Trip report prepared for the activities. The only known populations The Service intends that any final Caribbean Field Office, U.S. Fish and of guajo´n are located on privately- action resulting from this proposal will Wildlife Service. 49 pp. owned land. The Service believes that, be as accurate and as effective as Hedges, S.B. 1989. Evolution and based on the best available information, possible. Therefore, comments or biogeography of West Indian frogs of the the following actions will not result in suggestions from the public, other genus Eleutherodactylus: slow-evolving 51436 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
loci and the major groups. In Biogeography Wake, D.B., and H.J. Morowitz. 1991. PART 17Ð[AMENDED] of the West Indies: 305–370. Declining amphibian populations—a global Joglar, R.S., and P.A. Burrowes. 1991. El phenomenon? Findings and 1. The authority citation for part 17 efecto del Huraca´n Hugo sobre una recommendations. Alytes 9(2): 33–42. comunidad de anfibios en El Yunque, continues to read as follows: Puerto Rico y algunas recomendacions para Author Authority: 16 U.S.C. 1361–1407; 16 U.S.C. la proteccio´n de las especies del genero The primary author of this proposed 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Eleutherodactylus. In J.A. Moreno, ed., rule is Ms. Susan Silander, Caribbean 625, 100 Stat. 3500, unless otherwise noted. Status y Distribucio´n de los Anfibios y Field Office, U.S. Fish and Wildlife Reptiles de Puerto Rico. Publ. Cien. Misc. 2. It is proposed to amend 17.11(h) by No.1. pp. 47–52. Departamento de Service, P.O. Box 491, Boquero´n, Puerto Recursos Naturales y Ambientales, San Rico 00622 (809/851–7297). adding the following, in alphabetical Juan, Puerto Rico. order under AMPHIBIANS, to the list of Joglar, R.L. 1992. Status survey of four List of Subjects in 50 CFR Part 17 Endangered and Threatened Wildlife to species of Eleutherodactylus: Final report. Endangered and threatened species, read as follows: Report prepared for the Caribbean Field Exports, Imports, Reporting and Office, Fish and Wildlife Service. 41 pp. recordkeeping requirements, and § 17.11 Endangered and threatened Moreno, J.A. (ed.) 1991. Status y Distribucio´n Transportation. wildlife. de los Anfibios y Reptiles de Puerto Rico. * * * * * Publ. Cien. Misc. No. 1. Departamento de Proposed Regulation Promulgation Recursos Naturales y Ambientales de (h) * * * Puerto Rico. San Juan, Puerto Rico 67 pp. Accordingly, the Service hereby Rivero, J.A. 1978. Los Anfibios y Reptiles de proposes to amend part 17, subchapter Puerto Rico. U.P.R. Editorial Universitaria. B of chapter I, title 50 of the Code of San Juan, Puerto Rico 152 pp. Federal Regulations, as set forth below:
Species Vertebrate population Historic range where endangered or Status When Critical habi- Special Common name Scientific name threatened listed tat rules
******* Amphibians
******* GuajoÂn ...... Eleutherodactylus U.S.A. (PR) ...... NA ...... T ...... NA NA cooki. *******
Date: September 19, 1995. are currently threatened by one or more SUPPLEMENTARY INFORMATION: Mollie H. Beattie, of the following—competition, Background Director, Fish and Wildlife Service. predation, or habitat degradation from [FR Doc. 95–24334 Filed 9–29–95; 8:45 am] introduced species; fire; and natural Cyanea dunbarii, Lysimachia BILLING CODE 4310±55±P disasters. This proposed rule, if made maxima, and Schiedea sarmentosa are final, would implement the Federal endemic to the island of Molokai. This protection and recovery provisions island, the fifth largest in the Hawaiian 50 CFR Part 17 afforded by the Act for these three island chain, is approximately 61 species. kilometers (km) (38 miles (mi)) long, up RIN 1018-AD49 to 16 km (10 mi) wide, and encompasses DATES: Comments from all interested an area of about 688 square (sq) km (266 Endangered and Threatened Wildlife parties must be received by December 1, sq mi) (Foote et al. 1972, Plasch 1985). and Plants; Proposed Endangered 1995. Public hearing requests must be Three shield volcanoes make up most of Status for Three Plant Species (Cyanea received by November 16, 1995. the land mass of Molokai—West dunbarii, Lysimachia maxima, and Molokai Mountain, East Molokai Schiedea Sarmentosa) From the Island ADDRESSES: Comments and materials Mountain, and a volcano that formed of Molokai, Hawaii concerning this proposal should be sent Kalaupapa Peninsula (Department of to Robert P. Smith, Pacific Islands AGENCY: Fish and Wildlife Service, Geography 1983). Molokai can also be Ecoregion Manager, U.S. Fish and Interior. divided into three major sections—the Wildlife Service, 300 Ala Moana ACTION: Proposed rule. west Molokai section, comprising West Boulevard, Room 6307, P.O. Box 50167, Molokai Mountain; the central Molokai SUMMARY: The U.S. Fish and Wildlife Honolulu, Hawaii 96850. Comments section or Hoolehua Plain formed Service (Service) proposes to list Cyanea and materials received will be available between the two large mountain masses; dunbarii (haha), Lysimachia maxima for public inspection, by appointment, and the east Molokai section, (No common name (NCN)), and during normal business hours at the incorporating East Molokai Mountain Schiedea sarmentosa (NCN) as above address. and Kalaupapa Peninsula (Foote et al. 1972). endangered pursuant to the Endangered FOR FURTHER INFORMATION CONTACT: Species Act of 1973, as amended (Act). Robert P. Smith, Pacific Islands The taller and larger East Molokai All three species are endemic to the Mountain rises 1,813 meters (m) (4,970 Ecoregion Manager (see ADDRESSES island of Molokai, Hawaiian Islands. feet (ft)) above sea level (Walker 1990) section) (telephone 808/541—2749; The three plant species and their and comprises roughly 50 percent of the facsimile 808/541–2756). habitats have been variously affected or island’s land area. Topographically, the Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51437 windward side of East Molokai differs tall. The oval to broadly elliptic leaves hillebrandii var. maxima (Pax and from the leeward side. Precipitous cliffs are 10 to 22 cm (3.9 to 8.7 in) long and Knuth 1905). St. John (1987b) elevated line the northern windward coast with 6 to 14 cm (2.4 to 5.5 in) wide, with the variety to a species, Lysimachia deep inaccessible valleys dissecting the irregularly lobed or cleft margins. The ternifolia. Wagner et al. (1990) called coastline. The annual rainfall on the flowers are arranged in groups of six to this taxon Lysimachia maxima. An windward side is 200 to over 375 eight on a stalk that is 3 to 7 cm (1.2 ongoing revision of the genus has centimeters (cm) (75 to over 150 inches to 2.8 in) long. The corolla is white, determined that L. ternifolia is an (in)), distributed throughout the year. tinged or striped with pale lilac and 30 invalidly published name and concurs The soils are poorly drained and high in to 38 mm (1.2 to 1.5 in) long. The that L. maxima is the correct name for organic matter. The gulches and valleys corolla is slightly curved, with this species (Ken Marr, University of are usually very steep, but sometimes spreading lobes three-fourths as long as British Columbia, in litt. 1994). gently sloping (Foote et al. 1972). Much the tube. This species is distinguished Lysimachia maxima, a member of the of the native vegetation on the northern from others in this endemic Hawaiian primrose family (Primulaceae), is a part of East Molokai is intact because of genus by the lack of prickles on the sprawling shrub with reddish brown its relative inaccessibility to humans stems and the irregularly lobed and cleft bark. The leaves, borne in groups of and animals (Culliney 1988), although leaf margins (Lammers 1990). three along the stems, are oval with the destructive ungulates have begun to Cyanea dunbarii was collected in broadest portion at the tip of the leaves. enter the coastline in recent years (Joel 1918 at Waihanau and Waialae Valleys, The leaves are 3.8 to 8 cm (1.5 to 3 in) Lau, Hawaii Heritage Program (HHP), and was not observed again until 1992, long and 1.8 to 5 cm (0.7 to 2 in) wide. pers. comm. 1990). Lysimachia maxima when Joel Lau of HHP found it in The upper surface of the leaves has a is found in windward wet forest. Mokomoko Gulch (HHP 1993a1 to few scattered hairs when young and the Although Molokai’s windward side 1993a3, Rock 1919, Wimmer 1943). lower surface is sparsely covered with receives most of the island’s rainfall, Approximately 15 to 20 mature plants long, soft, rusty hairs when young. The some falls onto the upper slopes of the are known from this population, which corolla is purplish-yellow, bell-shaped, leeward (southern) side, decreasing as occurs on State-owned land within and about 10 to 12 mm (0.4 to 0.5 in) elevation decreases, and resulting in Molokai Forest Reserve, at an elevation long. This species is differentiated from diverse leeward communities, from wet of 685 m (2,250 ft) (HHP 1993a3; Loyal others in this genus by the leaves borne forests to dry shrub and grasslands. The Mehrhoff, U.S. Fish and Wildlife in groups of three, the broadest portion average annual rainfall on the leeward Service, in litt., 1994). Cyanea dunbarii of the leaf above the middle, and rusty side of East Molokai is between 80 and is found in mesic to wet Dicranopteris hairs that disappear with maturity 130 cm (30 and 50 in), mostly falling linearis (uluhe)-Metrosideros (Wagner et al. 1990). between November and April. The polymorpha (’ohi’a) forest on moderate Lysimachia maxima is only known gently sloping to very steep topography to steep slopes along a stream (HHP from one population on the rim of of upland regions has predominantly 1993a3; L. Mehrhoff, in litt. 1994). Pelekunu Valley near Ohialele, on well drained and medium-textured soils Associated species include Perrottetia TNC’s Pelekunu Preserve immediately (Foote et al. 1972). Cyanea dunbarii and sandwicensis (olomea), Pipturus albidus adjacent to State-owned land managed Schiedea sarmentosa are found in (mamaki), Clermontia kakeana (haha), as part of Kalaupapa National Historical lowland mesic forest and dry shrubland Cheirodendron trigynum (’olapa), and Park (HHP 1991a, Hawaii Plant on the leeward side of the island. Freycinetia arborea (’ie’ie) (L. Mehrhoff, Conservation Center (HPCC) 1991a, With the advent of cattle ranching and in litt., 1994). The major threats to Hillebrand 1888, Pax and Knuth 1905, later pineapple cultivation, most of Cyanea dunbarii are competition with Wagner et al. 1990). Approximately 20 Molokai, particularly West Molokai and the alien plants Rubus rosifolius to 40 individuals are currently known East Molokai’s southern section, was (thimbleberry), Commelina diffusa (L. Mehrhoff, in litt. 1994). This species converted to pasture land. The only (honohono), Hedychium sp. (ginger), occurs in ’ohi’a-uluhe montane wet remaining large tracts of native and Kalanchoe pinnata (air plant); forest at an elevation of 975 m (3,200 ft). vegetation are found within the Molokai landslides; and a risk of extinction from Associated species include Psychotria Forest Reserve on the upper elevation naturally occurring events (such as sp. (kopiko), Vaccinium sp. (ohelo), portions of East Molokai. All three plant landslides or flooding) and/or reduced Hedyotis sp. (manono), Dubautia sp. species in this rule are restricted to this reproductive vigor due to the small (na’ena’e), and Ilex anomala (kawa’u) forest reserve (Culliney 1988). The land number of individuals in the only (HPCC 1991a; L. Mehrhoff, in litt. 1994). that supports these three plant species known population (HHP 1993a3; L. The major threats to Lysimachia is owned by various private parties and Mehrhoff, in litt. 1994). Rats (Rattus maxima are landslides and the risk of the State of Hawaii (including forest spp.) are a potential threat since they are extinction from naturally occurring reserves). known to be in the area and eat stems events and/or reduced reproductive and fruits of other species of Cyanea vigor due to the small number of Discussion of the Three Species (Cuddihy and Stone 1990). Axis deer individuals in the only known Proposed for Listing (Axis axis) and pigs (Sus scrofa) are population (HPCC 1991a; L. Mehrhoff, Cyanea dunbarii was first described potential threats to Cyanea dunbarii, in litt. 1994). Pigs and goats are known by Joseph F. Rock, who named it in since they are known to occur in areas from adjacent areas and pose a potential honor of the collector, L.M. Dunbar adjacent to the only known population threat to this species (L. Mehrhoff, in (Rock 1919). Harold St. John (St. John (L. Mehrhoff, in litt. 1994; Ed Misaki, litt. 1994). 1987a, St. John and Takeuchi 1987) The Nature Conservancy (TNC), pers. In 1928, Otto Degener collected a merged Cyanea with Delissea, the genus comm. 1991). plant on Molokai that E.E. Sherff (1946) with priority. Lammers (1990) retained William Hillebrand considered a later named Schiedea sarmentosa. both genera in the currently accepted plant he collected in Pelekunu Valley in Schiedea sarmentosa was included in treatment of the family. the 1800’s to be a new variety of Schiedea menziesii by Wagner et al. Cyanea dunbarii, a member of the Lysimachia hillebrandii (Hillebrand (1990). Warren Wagner and Stephen bellflower family (Campanulaceae), is a 1888). In 1905, R. Knuth named Weller, who are preparing a monograph branched shrub 1.5 to 2 m (4.9 to 6.6 ft) Hillebrand’s specimen Lysimachia of the genus, now consider S. 51438 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules sarmentosa to be a separate species land in Makolelau, and consists of 4 February 21, 1990, of native plants (Warren Wagner, Smithsonian subpopulations totalling approximately considered for listing under the Act. Institution, and Stephen Weller, 300 to 400 individuals (Steve Perlman, Lysimachia maxima (as L. ternifolia) University of California, Irvine, in litt. HPCC, and S. Weller, pers. comms. and Schiedea sarmentosa (as S. 1994). 1994). Estimates of the total number of menziesii) were included as Category 2 Schiedea sarmentosa, a member of individuals have ranged up to 1,000 (J. candidate species. Category 2 the pink family (Caryophyllaceae), is a Lau, HHP, pers. comm. 1994). An candidates are those for which listing as many-branched shrub 30 to 45 cm (12 accurate count is somewhat difficult endangered or threatened is possibly to 18 in) tall. The opposite leaves are because this species is interspersed with appropriate, but for which sufficient slender and threadlike, 1.5 to 4.5 cm Schiedea lydgatei (Steve Perlman, data on biological vulnerability and (0.6 to 1.8 in) long, and 0.5 to 1.5 mm HPCC, and S. Weller, pers. comms. threats are not currently available to (0.01 to 0.05 in) wide. The leaves are 1994). Schiedea sarmentosa is typically support proposed rules. Lysimachia covered with dense, glandular hairs. found on steep slopes in ’ohi’a- maxima (as L. ternifolia) and Schiedea There may be as many as 40 to 60 Dodonaea viscosa (’a’ali’i) lowland dry sarmentosa (as S. menziesii) were also inflorescences on one plant, often with or mesic shrubland between 610 and included as Category 2 candidates in the 50 to 100 flowers in each inflorescence. 790 m (2,000 and 2,600 ft) elevation September 30, 1993 (58 FR 51144) The flowers are female on some plants (HHP 1991b, 1993b; HPCC 1991b, 1992). notice of review. Since the 1993 notice, and bisexual on others. The green sepals Associated species include Styphelia new information suggests that the are egg-shaped, 2 to 3 mm (0.07 to 0.12 tameiameiae (pukiawe), Chenopodium numbers and distribution are in) long, and somewhat hairy. The oahuensis (’aheahea), Alyxia oliviformis sufficiently restricted and threats staminodes (false stamens) are half as (maile), Pleomele sp. (hala pepe), and sufficiently great for the above two long as the sepals and two-branched at Chamaesyce sp. (’akoko) (HHP 1993b; Category 2 species, as well as Cyanea the tip. The fruits are oval capsules. HPCC 1991b, 1992). Major threats to dunbarii, to warrant listing at this time. This species differs from others in this Schiedea sarmentosa include feral goats Summary of Factors Affecting the endemic Hawaiian genus by its densely and pigs, the alien plants Melinis Species bushy habit, leaf width, hairiness, and minutiflora (molasses grass) and Ricinus staminode length (Sherff 1946; S. Weller communis (castor bean), and fire. The Section 4 of the Endangered Species and W. Wagner, in litt., 1994). species is also threatened by a risk of Act and regulations (50 CFR part 424) Schiedea sarmentosa has been found extinction from naturally occurring promulgated to implement the listing in Kawela Gulch, Makolelau, and Onini events due to the low number of provisions of the Act set forth the Gulch (HHP 1991b, 1993b; HPCC 1991b, populations (J. Lau, in litt. 1994; S. procedures for adding species to the 1992; Sherff 1946; J. Lau, HHP, in litt. Perlman, pers. comm. 1994). Federal lists. A species may be 1994). Currently, only two populations determined to be an endangered or Previous Federal Action are known. One population at the threatened species due to one or more boundary of TNC’s Kamakou Preserve in Federal government action on these of the five factors described in section Onini Gulch has approximately 30 plants began when the Service 4(a)(1). The threats facing the three individuals (HHP 1993b). The other published a revised notice of review in species in this proposed rule are population occurs on privately owned the Federal Register (55 FR 6183) on summarized in Table 1.
TABLE 1.ÐSUMMARY OF THREATS
Alien mammals Species Alien Substrate Human im- Fire Limited Deer Goats Pigs Rats plants loss pacts No.*
Cyanea dunbarii ...... PPPXXP X1.2 Lysimachia maxima ... P P X P X1.2 Schiedea sarmentosa XXXPPX X1 Key X=Immediate and significant threat. P=Potential threat. *=No more than 100 individuals and/or no more than 5 populations. 1=No more than 5 populations. 2=No more than 100 individuals.
These factors and their application to plant introductions, agricultural When Polynesian immigrants settled Cyanea dunbarii Rock (haha), development, and recreational use. in the Hawaiian Islands, they brought Lysimachia maxima (R. Knuth) St. John Natural disturbances such as storms and water-control and slash-and-burn (No common name (NCN)), and landslides also destroy habitat and can systems of agriculture and encouraged Schiedea sarmentosa Degener & Sherff have a significant effect on small plants that they introduced to grow in (NCN) are as follows: populations of plants. Destruction and valleys. Their use of the land resulted in A. The present or threatened modification of habitat by introduced erosion, changes in the composition of destruction, modification, or animals pose serious threats to one of native communities, and a reduction of curtailment of their habitat or range. the proposed species and pose serious biodiversity (Cuddihy and Stone 1990, The habitats of the plants included in potential threats in the event that these Kirch 1982, Wagner et al. 1985). this proposed rule have undergone introduced animals spread to portions Hawaiians settled and altered many extreme alteration because of past and of Molokai where the other two species areas of Molokai, including areas in present land management practices, occur (see Table 1). which some of the proposed species including deliberate alien animal and grew. Many forested slopes were Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51439 denuded in the mid-1800’s to supply and goat hunting is allowed year-round Of the ungulates that have become firewood to whaling ships, plantations, or during certain months, depending on established on Molokai during the past and island residents. the area (Hawaii Department of Land 150 years, the axis deer has probably Native plants were undoubtedly and Natural Resources (DLNR) n.d.-a, had the greatest impact on the native affected by these practices. Also, n.d.-b, n.d.-c, 1988). Goats browse on vegetation. Eight axis deer, introduced sandalwood and tree fern harvesting introduced grasses and native plants, to Molokai in 1868, increased to occurred in many areas, changing forest especially in drier and more open thousands of animals by the 1960’s composition and affecting native species ecosystems. Feral goats trample roots (Culliney 1988, Graf and Nichols 1966, (Cuddihy and Stone 1990). and seedlings, cause erosion, and Tomich 1986). By the turn of the Beginning with Captain James Cook in promote the invasion of alien plants. century, these deer had occupied much 1792, early European explorers They are able to forage in extremely of the dry to mesic lowland areas and introduced livestock, which became rugged terrain and have a high were also found in the wet forests of feral, increased in number and range, reproductive capacity (Culliney 1988, East Molokai, where herds so damaged and caused significant changes to the Cuddihy and Stone 1990, Scott et al. the vegetation that professional hunters natural environment of Hawaii. The 1986, Tomich 1986, van Riper and van were hired to control their numbers 1848 provision for land sales to Riper 1982). Although northeastern (Culliney 1988, Graf and Nichols 1966, individuals allowed large-scale Molokai is considered one of the most van Riper and van Riper 1982). The agricultural and ranching ventures to remote and inaccessible places in the native vegetation has suffered begin. So much land was cleared for main Hawaiian islands, the vegetation irreparable damage from overgrazing by these enterprises that climatic there is predominantly exotic (Culliney these animals. Deer degrade the habitat conditions began to change, and the 1988). The replacement of native by trampling, consuming, and amount and distribution of rainfall were vegetation is attributed to the large overgrazing vegetation, which removes altered (Wenkam 1969). Plantation number of goats. Due to their agility, ground cover, exposing the soil to owners supported reforestation goats are able to reach vegetation not erosional action (J. Lau, pers. comm. programs that resulted in many alien usually accessible to other animals 1990). Alien plant species are then able trees being introduced in the hope that (Culliney 1988). Goats are a threat to the to exploit the newly disturbed areas. the watershed could be conserved. larger population of Schiedea A large portion of the axis deer Beginning in the 1920’s, water sarmentosa and a potential threat to the population on Molokai has been collection and diversion systems were only known population of Lysimachia actively managed for recreational constructed in upland areas to irrigate maxima, since they may invade the area hunting by the Hawaii Division of lowland fields, and this undoubtedly where this taxon occurs (L. Mehrhoff, in Forestry and Wildlife since 1959. At destroyed individuals and populations litt. 1994; S. Perlman, pers. comm. present, five of the seven managed of native plants. The irrigation system 1994). hunting areas on Molokai are within the also opened new routes for the invasion Molokai Forest Reserve. Many areas lack of alien plants and animals into native The pig is a species originally native maintained boundary fences that would forests (Cuddihy and Stone 1990, to Europe, northern Africa, Asia Minor, prevent deer from entering more fragile Culliney 1988, Wagner et al. 1990, and Asia. European pigs, introduced to habitats to the north (Cuddihy et al. Wenkam 1969). Hawaii by Captain James Cook in 1778, 1982) and non-game areas to the east. Past and present activities of became feral and invaded forested areas, Recently, axis deer have begun to enter introduced alien mammals are the especially wet and mesic forests and dry the windward valleys and northern primary factor in altering and degrading areas at high elevations. They are coastline of East Molokai where they vegetation and habitats on Molokai. currently present on Molokai and four were not previously observed (J. Lau, Feral ungulates trample and eat native other islands, and inhabit rain forests pers. comm. 1990). Axis deer have been vegetation and disturb and open areas. and grasslands. Pig hunting is allowed observed in areas south of the only This causes erosion and allows the entry on all islands either year-round or known population of Cyanea dunbarii, of alien plant species (Cuddihy and during certain months, depending on and pose a potential threat to this Stone 1990, Wagner et al. 1990). Only the area (DLNR n.d.-a, n.d.-b, n.d.-c, species (E. Misaki, pers. comm. 1991). one of the species in this proposal, 1988). While rooting in the ground in Although not a direct threat at present Schiedea sarmentosa, is directly search of the invertebrates and plant to the plant species in this proposed threatened by habitat degradation material they eat, feral pigs disturb and rule, cattle (Bos taurus) ranching on resulting from introduced ungulates. destroy vegetative cover, trample plants Molokai has played a significant role However, goats, deer, and pigs are and seedlings, and threaten forest over most of the past 150 years by known to occur in areas adjacent to the regeneration by damaging seeds and reducing areas of native vegetation to other two proposed plants. Because they seedlings. They disturb soil and cause vast pastures of alien grasses (Cuddihy may invade the areas where these plants erosion, especially on slopes. Alien and Stone 1990, Pekelo 1973, Stone occur, ungulates pose a potential serious plant seeds are dispersed on their 1985). In 1960, approximately 61 threat to Cyanea dunbarii and hooves and coats as well as through percent of Molokai’s land area was Lysimachia maxima. their feces (Cuddihy and Stone 1990, devoted to grazing, primarily the lower The goat (Capra hircus), a species Scott et al. 1986, Stone 1985, Tomich elevation dry to mesic forests, originally native to the Middle East and 1986, Wagner et al. 1990). Feral pigs shrublands, and grasslands of west and India, was successfully introduced to pose an immediate threat to Schiedea central Molokai (Baker 1961). Cattle the Hawaiian Islands in 1792. Currently sarmentosa and a potential threat to degraded the habitat by trampling and populations exist on Molokai and four Cyanea dunbarii and Lysimachia feeding on vegetation, eventually other islands. On Molokai, feral goats maxima. If not controlled, habitat opening up the ground cover, exposing degrade dry forests and are now degradation by pigs may become a the soil, and increasing its vulnerability invading the wetter regions along the significant problem to the only known to erosion (Cuddihy and Stone 1990, northern coast of East Molokai (Stone populations of the latter two species (L. Lindgren 1908, Pekelo 1973). Because of 1985; J. Lau, pers. comm. 1990). Goats Mehrhoff, in litt. 1994; S. Perlman, pers. this alteration of vegetation, natural are managed in Hawaii as a game animal comm. 1994). areas became limited to the upper 51440 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules elevation mesic to wet forests of East D. The inadequacy of existing significantly affected (HRS, chapt. 343). Molokai, where the State designated a regulatory mechanisms. Hawaii’s If it is found that an action will have a single protected area—the Molokai Endangered Species Act states, ‘‘Any significant effect, preparation of a full Forest Reserve. One of the species in species of aquatic life, wildlife, or land Environmental Impact Statement is this rule is restricted to this forest plant that has been determined to be an required. Hawaii environmental policy reserve, which occupies about 30 endangered species pursuant to the and, thus, approval of land use, is percent of Molokai’s land area (Baker [Federal] Endangered Species Act shall required by law to safeguard ‘‘ * * * the 1961). be deemed to be an endangered species State’s unique natural environmental Substrate loss due to agriculture, under the provisions of this chapter...’’ characteristics * ** ’’ (HRS, sect. 344– grazing animals (especially goats), (Hawaii Revised Statutes (HRS), sect. 3(1)) and includes guidelines to ‘‘protect hikers, and alteration of vegetation 195D–4(a)). Federal listing would endangered species of individual plants results in habitat degradation and loss. automatically invoke listing under and animals * ** ’’ (HRS, sect. 344– This particularly affects plant Hawaii State law. The State law 4(3)(A)). Federal listing, because it populations vulnerable to landslides on prohibits taking of listed species on automatically invokes State listing, cliffs or steep slopes, including all three private and State lands and encourages would also implement these other State proposed species. conservation by State agencies (HRS, regulations protecting the plants. B. Overutilization for commercial, sect. 195–4). State laws relating to the conservation recreational, scientific, or educational None of the three proposed species of biological resources allow for the purposes. Unrestricted collecting for acquisition of land as well as the are currently listed by the State. The scientific or horticultural purposes and development and implementation of only known populations of Lysimachia excessive visits by individuals programs concerning the conservation maxima and Schiedea sarmentosa occur interested in seeing rare plants could of biological resources (HRS, sect. on privately owned land. The only seriously impact Cyanea dunbarii and 195D–5(a)). The State also may enter known population of Cyanea dunbarii Lysimachia maxima, both of which are into agreements with Federal agencies occurs on State land, within Molokai known from only one population each. to administer and manage any area Forest Reserve. All three of the Collection of whole plants or required for the conservation, proposed species are located on land reproductive parts of these two species management, enhancement, or classified within conservation districts could threaten their survival. Cyanea protection of endangered species (HRS, dunbarii and Schiedea sarmentosa have and owned by the State of Hawaii, sect. 195D–5(c)). If listing were to occur, populations close to trails or roads and private companies, or individuals. The funds for these activities could be made are, thus, easily accessible to collectors. only known population of Lysimachia available under section 6 of the Act The two species are, therefore, maxima occurs on TNC’s Pelekunu (State Cooperative Agreements). The potentially threatened by overcollection Preserve, and one of the two known Hawaii DLNR is mandated to initiate (HHP 1993a3; HPCC 1991b, 1992; J. Lau, populations of Schiedea sarmentosa changes in conservation district in litt. 1994). occurs on TNC’s Kamakou Preserve. boundaries to include ‘‘the habitat of C. Disease or Predation. Browsing Regardless of the owner, lands in these rare native species of flora and fauna damage by goats and/or deer is a districts, among other purposes, are within the conservation district’’ (HRS, potential threat to all three of the regarded as necessary for the protection sect. 195D–5.1). proposed species in the event that these of endemic biological resources and the Despite the existence of various State ungulates, present in areas adjacent to maintenance or enhancement of the laws and regulations that protect the proposed species, invade the sites of conservation of natural resources. Hawaii’s native plants, their the species (Cuddihy et al. 1982; J. Lau, Activities permitted in conservation enforcement is difficult due to limited in litt. 1994; E. Misaki, pers. comm. districts are chosen by considering how funding and personnel. Listing of these 1991). best to make multiple use of the land three plant species will invoke the Of the four species of rodents that (HRS, sect. 205–). Some uses, such as protection available under the State have been introduced to the Hawaiian maintaining animals for hunting, are Endangered Species Act and Islands, the species with the greatest based on policy decisions, while others, supplement the protection available impact on the native flora and fauna is such as preservation of endangered under other laws. The Federal Act probably Rattus rattus (black or roof species, are mandated by both Federal would offer additional protection to rat), which now occurs on all the main and State laws. Requests for these three species because, if they were Hawaiian Islands around human amendments to district boundaries or to be listed as endangered or threatened, habitations, in cultivated fields, and in variances within existing classifications it would be a violation of the Act for any dry to wet forests. Black rats and to a can be made by government agencies person to remove, cut, dig up, damage, lesser extent Mus musculus (house and private landowners (HRS, sect. 205– or destroy any such plant in an area not mouse), Rattus exulans (Polynesian rat), 4). Before decisions about these requests under Federal jurisdiction in knowing and R. norvegicus (Norway rat) eat the are made, the impact of the proposed violation of State law or regulation or in fruits of some native plants, especially reclassification on ‘‘preservation or the course of any violation of a State those with large, fleshy fruits. Many maintenance of important natural criminal trespass law. native Hawaiian plants produce their systems or habitat’’ (HRS, sects. 205–4, E. Other natural or manmade factors fruit over an extended period of time, 205–17) as well as the maintenance of affecting their continued existence. Six and this produces a prolonged food natural resources is required to be taken species of introduced plants directly supply that supports rodent into account (HRS, sects. 205–2, 205–4). threaten populations of one or more of populations. Black rats strip bark from Before any proposed change in land use the proposed species. The original some native plants. Rats are known to occurs on State land, is funded in part native flora of Hawaii consisted of about damage the stems and eat fruit of or in whole by county or State funds, or 1,000 species, 89 percent of which were Cyanea species and are therefore a will occur within land classified as endemic. Of the total of 1,817 species of potential threat to Cyanea dunbarii conservation district, an environmental native and naturalized Hawaiian flora, (Cuddihy and Stone 1990; Tomich assessment is required to determine 47 percent were introduced from other 1986). whether or not the environment will be parts of the world. Nearly 100 of these Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51441 species have become pests (Smith 1985, population of Cyanea dunbarii (L. only a single population. Schiedea Wagner et al. 1990). Naturalized, Mehrhoff, in litt. 1994). sarmentosa is known from only two introduced species degrade the Several hundred species of grasses populations. Cyanea dunbarii is known Hawaiian landscape and compete with have been introduced to the Hawaiian from fewer than 20 individuals and native plants for space, light, water, and Islands, many for animal forage. Of the Lysimachia maxima is known from nutrients (Cuddihy and Stone 1990). approximately 100 grass species that fewer than 50 individuals. Some of these species were brought to have become naturalized, one species The Service has carefully assessed the Hawaii by various groups of people, threatens both populations of Schiedea best scientific and commercial including the Polynesian immigrants, sarmentosa. Melinis minutiflora information available regarding the past, for food or cultural reasons. Plantation (molasses grass), a perennial grass first present, and future threats faced by owners, alarmed at the reduction of brought to Hawaii for cattle fodder and these species in determining to propose water resources for their crops caused then planted for erosion control, is now this rule. Based on this evaluation, the by the destruction of native forest cover naturalized in dry to mesic disturbed preferred action is to list Cyanea by grazing feral animals, supported the areas on most of the main Hawaiian dunbarii, Lysimachia maxima, and introduction of alien tree species for Islands. The mats it forms smother other Schiedea sarmentosa as endangered. All reforestation. Ranchers intentionally plants, essentially preventing seedling 3 species either number fewer than 50 introduced pasture grasses and other growth and native plant reproduction. individuals in 1 population or are species for agriculture and, sometimes As a fuel for fire, molasses grass known from only 2 populations. The inadvertently, introduced weed seeds as intensifies its heat and carries fire into three species are threatened by one or well. Other plants were brought to areas with woody plants. It is able to more of the following—competition Hawaii for their potential horticultural spread prolifically after a fire and from alien plants; potential habitat value (Cuddihy and Stone 1990, Scott et effectively compete with fewer fire- degradation and/or predation by feral al. 1986, Wenkam 1969). adapted native plant species, creating a pigs, feral goats, rats, and deer; fire; Rubus rosifolius (thimbleberry), dense stand of alien grass where forests substrate loss; potential human impacts; native to Asia, is naturalized in once stood. Molasses grass is becoming and lack of legal protection or difficulty disturbed mesic to wet forest on all of a major problem in dry sites along the in enforcing laws that are already in the main Hawaiian Islands (Wagner et many leeward ridges of East Molokai effect. Small population size and al. 1990). This shrub threatens the only (Bottenfield 1958, Cuddihy and Stone limited distribution make these species known population of Cyanea dunbarii 1990, O’Connor 1990, Smith 1985). particularly vulnerable to extinction Fire is a major threat to native plant (L. Mehrhoff, in litt. 1994). and/or reduced reproductive vigor from species in dry to mesic habitats, naturally occurring events. Because Kalanchoe pinnata (air plant) is an especially on the leeward slopes of these three species are in danger of herb that occurs on all the main islands Molokai, where the largest population of extinction throughout all or a significant except Niihau and Kahoolawe, Schiedea sarmentosa is located (J. Lau, portion of their ranges, they meet the especially in dry to mesic areas (Wagner in litt. 1994). The presence of molasses definition of endangered as defined in et al. 1990). Air plant is a threat to the grass greatly enhances the potential and the Act. only known population of Cyanea destructiveness of fires. For example, in Critical habitat is not being proposed dunbarii (L. Mehrhoff, in litt. 1994). 1988, a human-caused fire consumed for the three species included in this Ricinus communis (castor bean) roughly 38 sq km (15 sq mi) of rule, for reasons discussed in the became naturalized in Hawaii prior to shrubland and forest from the southern ‘‘Critical Habitat’’ section of this 1819. Castor bean is found on all the coastline of East Molokai to the proposal. main islands of Hawaii in low elevation, southwest corner of Kamakou Preserve, Critical Habitat dry, disturbed habitats (Wagner et al. about 3.5 mi (5.5 km) inland (E. Misaki, 1990). Castor bean is a threat to both pers. comm. 1991). Molasses grass was Critical habitat is defined in section 3 populations of Schiedea sarmentosa the main carrier of that fire (E. Misaki, of the Act as: (i) the specific areas (HPCC 1991b, 1992). pers. comm. 1991). within the geographical area occupied Two species of Hedychium (ginger) Erosion, landslides, and rock slides by a species, at the time it is listed in were introduced to Hawaii in the late due to natural weathering result in the accordance with the Act, on which are 1800’s, probably by Chinese immigrants. death of individual plants as well as found those physical or biological Both species escaped from cultivation habitat destruction. This especially features (I) essential to the conservation and are found in lowland wet and mesic affects the continued existence of of the species and (II) that may require forests on most of the main Hawaiian species or populations with limited special management considerations or islands. These large, vigorous herbs numbers and/or narrow ranges, protection and; (ii) specific areas mainly reproduce vegetatively, forming including all three proposed species. outside the geographical area occupied very dense stands that exclude all other This process is often exacerbated by by a species at the time it is listed, upon growth (Cuddihy and Stone 1990, human disturbance and land use a determination that such ares are Wagner et al. 1990). Hedychium practices (see Factor A). essential for the conservation of the threatens the only known population of The small numbers of populations species. ‘‘Conservation’’ means the use Cyanea dunbarii (L. Mehrhoff, in litt. and individuals of most of these species of all methods and procedures needed 1994). increase the potential for extinction to bring the species to the point at Commelina diffusa (honohono) is an from naturally occurring events. The which listing under the Act is no longer annual herb native to the Old World limited gene pool may depress necessary. tropics. It has become widely reproductive vigor, or a single human- Section 4(a)(3) of the Act, as naturalized and is found in disturbed caused or natural environmental amended, and implementing regulations mesic and wet forests and other disturbance could destroy a significant (50 CFR 424.12) require that, to the disturbed sites on all of the main percentage of the individuals or the only maximum extent prudent and Hawaiian islands except Niihau and known extant population. Two of the determinable, the Secretary designate Kahoolawe (Wagner et al. 1990). This proposed species, Cyanea dunbarii and critical habitat at the same time the species is a threat to the only known Lysimachia maxima, are known from species is listed. The Service finds that 51442 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules designation of critical habitat is not species proposed for listing or result in range. The only known population of prudent for Cyanea dunbarii, destruction or adverse modification of Cyanea dunbarii is found on a steep Lysimachia maxima, and Schiedea proposed critical habitat. If a species is slope on State-owned land. The only sarmentosa at this time. Service listed subsequently, section 7(a)(2) known population of Lysimachia regulations (50 CFR 424.12(a)(1)) state requires Federal agencies to ensure that maxima and one population of Schiedea that designation of critical habitat is not activities they authorize, fund, or carry sarmentosa are found on steep slopes on prudent when one or both of the out are not likely to jeopardize the land owned by TNC. The other following situations exist—(1) The continued existence of the species or to population of Schiedea sarmentosa is species is threatened by taking or other destroy or adversely modify its critical found on steep slopes on privately human activity, and identification of habitat. If a Federal action may affect a owned land. Collection, damage, or critical habitat can be expected to listed species or its critical habitat, the destruction of these species on non- increase the degree of threat to the responsible Federal agency must enter Federal lands would constitute a species, or (2) such a designation of into consultation with the Service. None violation of section 9, if conducted in critical habitat would not be beneficial of the three proposed species occurs on knowing violation of Hawaii State law to the species. The three species have Federal lands and no known Federal or regulations, or in violation of State very low total populations and face activities occur within the present criminal trespass law. The Service is not anthropogenic threats (see Factor B). known habitat of these three plant aware of any trade in these species or of The publication of precise maps and species. The Service has not pursued any activities currently being conducted descriptions of critical habitat in the prelisting conservation agreements for by the public that would be affected by Federal Register would make these the three plant species due to a lack of this listing or result in violation of plants more vulnerable to incidents of time and resources. section 9 of the Act. collection and vandalism and, therefore, The Act and its implementing Questions regarding whether specific could contribute to the decline of these regulations set forth a series of general activities will constitute a violation of species and increase enforcement prohibitions and exceptions that apply section 9 of the Act should be directed problems. The listing of these species as to all endangered plant species. All to the Pacific Islands Ecoregion Manager endangered also publicizes the rarity of prohibitions of section 9(a)(2) of the Act, (see ADDRESSES section). Requests for these plants and, thus, can make these implemented by 50 CFR 17.61, apply. copies of the regulations regarding listed plants attractive to researchers, curiosity These prohibitions, in part, make it plants and inquiries regarding seekers, or collectors of rare plants. illegal for any person subject to the prohibitions and permits may be All involved parties and the major jurisdiction of the United States to addressed to the Fish and Wildlife landowners have been notified of the import or export, transport such species Service, Ecological Services, location of these species. Protection of in interstate or foreign commerce in the Endangered Species Permits, 911 N.E. the habitats of these species will be course of a commercial activity, sell or 11th Avenue, Portland, Oregon 97232– addressed through the recovery process offer for sale such species in interstate 4181 (telephone: 503/231–6241; and through the section 7 consultation or foreign commerce, or remove and facsimile: 503/231–6243. process. reduce such species to possession from areas under Federal jurisdiction. In Public Comments Solicited Available Conservation Measures addition, for plants listed as Conservation measures provided to The Service intends that any final endangered, the Act prohibits the action resulting from this proposal will plant species listed as endangered under malicious damaging or destruction on be as accurate and as effective as the Endangered Species Act include areas under Federal jurisdiction and the possible. Therefore, comments or recognition, recovery actions, removal, cutting, digging up, damaging, suggestions from the public, other requirements for Federal protection, and or destroying of any such plants in concerned governmental agencies, the prohibitions against certain activities. knowing violation of any State law or scientific community, industry, or any Recognition through listing results in regulation, including State criminal other interested party concerning this public awareness and conservation trespass law. Certain exceptions to the proposed rule are hereby solicited. actions by Federal, State, and local prohibitions apply to agents of the Comments particularly are sought agencies, private organizations, and Service and State conservation agencies. individuals. The Act provides for The Act and 50 CFR 17.62 and 17.63 concerning: possible land acquisition and also provide for the issuance of permits (1) Biological, commercial, or other cooperation with the State and requires to carry out otherwise prohibited relevant data concerning any threat (or that recovery plans be developed for activities involving endangered plant lack thereof) to these species; listed species. The protection required species under certain circumstances. (2) The location of any additional of Federal agencies and the prohibitions Such permits are available for scientific populations of these species and the against certain activities involving listed purposes and to enhance the reasons why any habitat should or plants are discussed, in part, below. propagation or survival of the species. It should not be determined to be critical Section 7(a) of the Act, as amended, is anticipated that few permits would habitat as provided by section 4 of the requires Federal agencies to evaluate ever be sought or issued. The proposed Act; their actions with respect to any species species are not common in cultivation (3) Additional information concerning that is proposed or listed as endangered or in the wild. the range, distribution, and population or threatened and with respect to its It is the policy of the Service (59 FR size of these species; and critical habitat, if any is being 34272) to identify to the maximum (4) Current or planned activities in the designated. Regulations implementing extent practicable at the time a species subject area and their possible impacts this interagency cooperation provision is listed those activities that would or on these species. of the Act are codified at 50 CFR part would not constitute a violation of The final decision on this proposal 402. Section 7(a)(4) of the Act requires section 9 of the Act. The intent of this will take into consideration the Federal agencies to confer with the policy is to increase public awareness of comments and any additional Service on any action that is likely to the effect of the listing on proposed and information received by the Service, and jeopardize the continued existence of a ongoing activities within the species’ such communications may lead to a Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51443 final regulation that differs from this Service’s reasons for this determination Proposed Regulation Promulgation proposal. was published in the Federal Register The Endangered Species Act provides on October 25, 1983 (48 FR 49244). Accordingly, the Service hereby for one or more public hearings on this proposes to amend part 17, subchapter References Cited proposal, if requested. Requests must be B of chapter I, title 50 of the Code of received within 45 days of the date of A complete list of all references cited Federal Regulations, as set forth below: publication of the proposal in the herein is available upon request from PART 17Ð[AMENDED] Federal Register. Such requests must be the Pacific Islands Ecoregion Office (see made in writing and be addressed to the ADDRESSES section). 1. The authority citation for part 17 Pacific Islands Ecoregion Manager (see Author continues to read as follows: ADDRESSES section). The author of this proposed rule is Authority: 16 U.S.C. 1361–1407; 16 U.S.C. National Environmental Policy Act 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Marie M. Bruegmann, Pacific Islands 625, 100 Stat. 3500; unless otherwise noted. The Fish and Wildlife Service has Ecoregion Office (see ADDRESSES determined that Environmental section). Substantial data were 2. Section 17.12(h) is amended by Assessments or Environmental Impact contributed by HHP and Steve Perlman adding the following, in alphabetical Statements, as defined under the and Ken Wood of HPCC. order under FLOWERING PLANTS, to authority of the National Environmental the List of Endangered and Threatened List of Subjects in 50 CFR Part 17 Policy Act of 1969, need not be Plants to read as follows: prepared in connection with regulations Endangered and threatened species, adopted pursuant to section 4(a) of the Exports, Imports, Reporting and § 17.12 Endangered and threatened plants. Endangered Species Act of 1973, as recordkeeping requirements, and * * * * * amended. A notice outlining the Transportation. (h) * * *
Species Historic range Family name Status When listed Critical habi- Special Scientific name Common name tat rules
FLOWERING PLANTS
******* Cyanea dunbarii ...... haha ...... U.S.A. (HI) ...... Campanulaceae .... E ...... NA NA
******* Lysimachia maxima . no common name .. U.S.A. (HI) ...... Primulaceae ...... E ...... NA NA
******* Schiedea no common name .. U.S.A. (HI) ...... Caryophyllaceae ... E ...... NA NA sarmentosa.
*******
Dated: September 20, 1995. their respective ranges in southwestern public inspection, by appointment, John G. Rogers, California and northwestern Baja during normal business hours at the Acting Director, Fish and Wildlife Service. California, Mexico, pursuant to the above address. [FR Doc. 95–24335 Filed 9–29–95; 8:45 am] Endangered Species Act of 1973, as FOR FURTHER INFORMATION CONTACT: Gail BILLING CODE 4310±55±P amended (Act). These species are Kobetich at the above address associated with chaparral plant (telephone 619/431–9440). communities and, in some cases, are 50 CFR Part 17 SUPPLEMENTARY INFORMATION: endemic to specific types of clay soils. RIN 1018±AD60 These species are threatened by Background Endangered and Threatened Wildlife habitat destruction, degradation, and Berberis nevinii (Nevin’s barberry), and Plants; Proposed Endangered and fragmentation resulting from urban Ceanothus ophiochilus (Vail Lake Threatened Status for Four Chaparral development, encroachment by exotic ceanothus), Fremontodendron Plants From Southwestern California plant species, and disruption of a mexicanum (Mexican flannelbush), and and Northwestern Baja California, normal fire cycle. This proposed rule, if Nolina interrata (Dehesa beargrass) Mexico made final, would extend protection occur in restricted and localized under the Act to these four plants. populations from the interior foothills of AGENCY: Fish and Wildlife Service, DATES: Comments from all interested Los Angeles, Riverside, and San Interior. parties must be received by December 1, Bernardino Counties, California, south ACTION: Proposed rule. 1995. Public hearing requests must be through San Diego County to SUMMARY: The Fish and Wildlife Service received by November 16, 1995. northwestern Baja California, Mexico. (Service) proposes to list Berberis ADDRESSES: Comments and materials Most populations of these species are nevinii (Nevin’s barberry) and concerning this proposal should be sent situated in relatively rugged terrain Fremontodendron mexicanum (Mexican to the Field Supervisor, U.S. Fish and dominated by chaparral. flannelbush) as endangered, and Wildlife Service, Carlsbad Field Office, Fremontodendron mexicanum is also Ceanothus ophiochilus (Vail Lake 2730 Loker Avenue West, Carlsbad, known from closed cone coniferous ceanothus) and Nolina interrata (Dehesa California 92008. Comments and forest dominated by Cupressus forbesii beargrass) as threatened throughout materials received will be available for (Tecate cypress) while Berberis nevinii 51444 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules is also associated with sandy washes The population centers for two of the Lake population range from 3,000 to dominated by alluvial scrub vegetation plants considered in this proposal, 5,000 plants; this population occupies associations. Ceanothus ophiochilus, F. Berberis nevinii and Ceanothus about 8 hectares (ha) (20 acres (ac.)) mexicanum, and N. interrata are often ophiochilus, are located in the Vail Lake within a 16 ha (40 ac.) area (Boyd 1991). found in association with specific soil area of southwestern Riverside County. Individual plants within the Vail Lake types. Populations of B. nevinii located outside population exhibit indications of The chaparrals of interior foothill the Vail Lake area are small and found hybridization with C. crassifolius. Large southern California are dense shrub in isolated patches in San Diego, San populations of C. crassifolius are associations of moderate height that are Bernardino, and Los Angeles Counties. present approximately one-half mile dominated by Adenostoma fasciculatum Small populations of C. ophiochilus south and east of the Vail Lake C. (chamise), Ceanothus sp. (California occur in the Agua Tibia Wilderness ophiochilus population (Boyd et al. lilac), Rhamnus ilicifolia (red berry), Area (Cleveland National Forest) 1991). The remaining three populations Arctostaphylos sp. (manzanita), Quercus adjacent to Vail Lake. Nolina interrata exist on land managed by the Forest berberidifolia (California scrub oak), and Fremontodendron mexicanum are Service, where over 4,000 plants exist Rhus ovata (sugar bush), Malosma found only in southern San Diego within about 14 ha (35 ac.) of the Agua laurina (laurel sumac), Heteromeles County and northwestern Baja Tibia Wilderness Area. These arbutifolia (toyon), Eriogonum California, Mexico. populations are scattered along borders fasciculatum (California buckwheat), of creeks and dry canyons, and and Salvia mellifera (black sage) Discussion of the Four Species Proposed for Listing sometimes on gabbro soils (Shaffer (Beauchamp 1986, Holland 1986, and 1993). At least two of the three Agua Wiggins 1980). Chaparral species are Ceanothus ophiochilus was first Tibia populations are hybridizing with adapted to soils poor in nutrients, a discovered and collected by S. Boyd, T. C. crassifolius and these populations cool, wet winter, and hot dry summers. Ross, and L. Arnseth in 1989 on Oak may represent hybrid swarms. The third Many chaparral species are adapted to Mountain (also known as Vail Agua Tibia population consists of plants periodic wildfires. For example, seeds Mountain), west of Vail Lake in that are too young to determine the of some plants require fire before they Riverside County, California. It was degree of hybridization taking place can germinate. Other plants reproduce formally described by Boyd et al. (1991) (Shaffer 1993; Steve Boyd, Rancho Santa vegetatively by sprouting from the based on the Vail Lake collection and Ana Botanical Garden, pers. comm. burned stumps of the parent plant. Fires was subsequently accepted by Schmidt 1995). While these populations (1993). Ceanothus ophiochilus is a that occur too frequently, however, burn evidently are not pure C. ophiochilus, rounded, divaricately-branched (widely young plants before they become the Service continues to recognize their forked) shrub of the buckthorn family reproductively mature, thus depleting importance to the long-term survival of the seed bank. Sustained fire prevention (Rhamnaceae), from 12 to 15 decimeters the species. These populations are can cause plant communities to become (dm) (4 to 5 feet (ft.)) in height with important because they represent about senescent (old) and thus they may not leaves about 3 to 7 millimeters (mm) 50 percent of the known acreage of the survive an unpredictable fire to (0.1 to 0.3 inches (in.)) long and 1.5 to species and a significant number of reproduce vegetatively (Boyd 1991). 2.5 mm (0.1 in.) wide. Blue flowers, individuals, and because conservation Chaparral habitats occur on many narrow leaves, and hornless fruit actions for C. ophiochilus would be different soil types but the plants under capsules differentiate C. ophiochilus consideration herein, with the exception from other members of the genus. This unnecessarily limited to a single of Berberis nevinii, typically occur in species resembles Adenostoma location. clay soils derived from gabbro or fasciculatum (chamise), the codominant Fremontodendron mexicanum, a metavolcanic bedrock (Boyd 1991, shrub in its habitat. Ceanothus member of the cacao family California Native Diversity Data Base ophiochilus flowers from mid-February (Sterculiaceae), is a small tree or shrub (CNDDB) 1992, Oberbauer 1991). to March and fruit capsules mature from with evergreen, palmately lobed leaves, Berberis nevinii grows in sandy habitats about May to mid-June (Boyd et al. 25 to 50 mm (1 to 2 in.) wide. The (Mistretta 1989b, CNDDB 1992). Clay 1991, Schmidt 1993). inflorescence is about 60 mm (2.4 in.) soils have unique physical and chemical Ceanothus ophiochilus is restricted to wide, and lacks petals. The showy properties that contribute to the xeric (dry) habitats on ridgetops and orange sepals, which are reddish toward disproportionally large number of rare north to northeast-facing slopes in the bases, distinguish F. mexicanum plants found on this substrate, as chamise chaparral. It occurs on shallow from F. californicum, which has yellow compared to other soil types. For these soils formed from ultra-basic parent sepals. The seeds of F. mexicanum are reasons, clay soils are an important materials or deeply weathered gabbro, quite distinctive from other species of contributor to floristic diversity in the both of which are phosphorus deficient. Fremontodendron (Kelman 1991). Riverside County and San Diego County This species is adapted to this harsh Fremontodendron mexicanum also has region. The Vail Lake area in Riverside environment, whereas other members of a unique petiole (leaf stalk) internal County has a large complex of highly the genus are not. Ceanothus structure that is unlike that found in any unique habitats on clay soils formed ophiochilus hybridizes with the locally other member of the family (Kelman from gabbro bedrock that support many common C.crassifolius in places where 1991). Reliable distribution records for sensitive or endangered plant and the two species occur together. The Fremontodendron mexicanum indicate animal species including two of the strong association of C. ophiochilus that this species is found in southern species in this proposed rule (see with nutrient poor soils may be critical San Diego County and northern Baja Metropolitan Water District (MWD) for the species to maintain reproductive California, Mexico between 300 and 1991). The largest population of Berberis isolation (Boyd et al. 1991). 1,000 meters (m) (900 to 3,000 ft.) in nevinii grows in this area adjacent to the Ceanothus ophiochilus is found at elevation. This species blooms from type location of Ceanothus ophiochilus four localities in southwestern Riverside March to August and occurs primarily (California Natural Diversity Data Base County. One population of C. in closed cone coniferous forest and (CNDDB 1992). The ranges of all four ophiochilus occurs on privately owned southern mixed chaparral often in species are restricted to small areas. land at Vail Lake. Estimates for the Vail association with metavolcanic soils Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51445
(Oberbauer 1991, Rieser 1994). tentative due to lack of seed material suggest that B. nevinii may also require Fremontodendron mexicanum is found and is based solely on the shape of the groundwater flow (Niehaus 1977). as far south as Arroyo Seco, north of San leaf base (Kelman 1991; Susan The range of Berberis nevinii includes Quintin, in Baja California, Mexico Cochrane, Natural Heritage Division, Los Angeles, San Bernardino, Riverside, (Wiggins 1980). California Department of Fish and Game and San Diego Counties. The historical Fremontodendron mexicanum was (CDFG), in litt. 1993). Whetstone and distribution of this species consisted of first described by Davidson (1917) (as F. Atkinson (1993) dismissed these about 32 populations at 20 localities. mexicana). Macbride applied the name localities as being unreliable and have Currently, the total number of Fremontia mexicana to this species in limited F. mexicanum to San Diego individuals is likely fewer than 1,000 1918 (Abrams 1944). Jepson (1925) County, California, and Mexico. (Boyd 1987, CNDDB 1992). At least reduced Fremontia mexicana to Regardless, even if it should prove that seven populations have been extirpated. Fremontia californica var. mexicana one or more of these populations are F. The largest remaining cluster of native citing similarities between this species mexicanum, the botanical flora of populations, totalling about 300 and Fremontia californica of central central California is fairly well known individuals, occurs in Riverside County, California. Abrams (1944) did not and this species would be a rare element California at the Vail Lake/Oak recognize Jepson’s treatment, following in this flora. Mountain area. These populations occur Macbride. Recent treatments (Munz Several other recent localities have on BLM lands north of Vail Lake, the 1974, Kelman 1991, Whetstone and been reported in San Diego County and Cleveland National Forest southeast of Atkinson 1993) recognize Davidson’s in Los Angeles County, California. Vail Lake, and private ownerships in the original treatment. The genus name However, these likely represent planted Vail Lake region (Boyd et al. 1989). The Fremontia was not conserved because individuals readily available in the remaining populations are small, fewer Fremontodendron has taxonomic nursery trade or misidentifications than 10 or 20 individuals, and occur on priority over the name Fremontia (CNNDB 1992, Rieser 1994). city park, Indian Reservation, or private lands (CNDDB 1992). An artificially (Kelman 1991). Berberis nevinii (Nevin’s barberry), an Fremontodendron mexicanum is established population of about 250 evergreen shrub from 1 to 4 m (3 to 12 known from fewer than 10 native individuals occurs on an alluvial terrace ft.) tall, is a member of the barberry historical locations in the United States. in San Francisquito Canyon on the family (Berberidaceae). It was first The majority of these are situated in the Angeles National Forest in Los Angeles vicinity of Otay Mountain, San Diego discovered by Reverend Nevin, a Los County (Boyd et al. 1989). County. Although no populations of F. Angeles minister, in 1882 in the San The range of Berberis nevinii is well mexicanum are known to be extirpated, Fernando Valley (Los Angeles County) known and has been extensively this species has only been observed at and described by A. Gray in 1895 surveyed. Additional populations are one location in recent years (Cedar (Mistretta 1989a). Although Fedde not likely to occur in the Vail Lake area Canyon). Surveys of other historical (1901) applied the name Mahonia (Boyd et al. 1989). A thorough search for localities have been unsuccessful in nevinii to this taxon, much of the B. nevinii on the San Bernardino relocating this species (Ogden current literature refers to Berberis National Forest and the Cleveland Environmental and Energy Services, Inc. rather than Mahonia (Moran 1982). The National Forest was completed in 1989, 1992; Mitchell Beauchamp, botanist, in leaves of B. nevinii are pinnately based on Boyd’s (1987) habitat litt. 1993; Rieser 1994). The Bureau of compound with 3 to 5 lanceolate leaflets parameters. No new populations or Land Management (BLM) manages most and serrate spine-tipped margins. individuals were found (Mistretta of the Cedar Canyon population while Flowers, which appear from March 1989b; Melody Lardner, Botanist, San other historical sites are divided through April, are yellow with six petals Bernardino National Forest, in litt. between BLM and private landowners in two series and are clustered in a 1993). (CNNDB 1992). The total number of loosely flowered inflorescence 2.5 to 5 Nolina interrata (Dehesa beargrass) is remaining plants of F. mexicanum in cm (1.0 to 2 in.) long (McMinn 1939, a member of the lily family (Liliaceae) the United States is estimated to be Williams 1993). The fruit is a juicy and is similar in appearance to members fewer than 100 (CNDDB 1992; yellowish red to red berry 6 to 8 mm of the genus Yucca. Nolina interrata Beauchamp, in litt. 1993). Two (less than 0.3 in.) long with plump was discovered in 1939 and it was later additional native historical populations brownish seeds. Other Berberis species formally described by Howard S. Gentry are reported from Mexico, however, one have wider leaves, somewhat folded at (1946). The description was based on population has not been seen recently the midrib, with marginal spines collections from the type location on and the other (Arroyo Seco) may have vertical to the leaf surface and smaller, Dehesa Road, east of El Cajon in San been extirpated by a substantial flood differently colored berries. Related Diego County, California. Gentry’s (Rieser 1994). species also grow at higher elevations, taxonomic treatment is followed by Three historical localities that may generally above 800 m (2,500 ft.). Munz (1974). However, Beauchamp represent native populations of Berberis nevinii grows in two (1986) considered N. interrata to be Fremontodendron mexicanum have distinctive, yet related, habitat types: conspecific with N. parryi, which is been reported north of San Diego sandy and gravelly places along the closely related. The most recent County, California. These are Claremont margins of dry washes below the taxonomic treatment on the genus (Dice Wash (Los Angeles County), near Quail foothill zone of the Southern California 1988) and floristic treatment for Lake (Kern County), and from Junipero Transverse and Peninsular ranges, and California (Dice 1993) recognized this Sierra Peak in the Santa Lucia in coarse soils in chaparral communities species as distinct from N. parryi by its Mountains (Monterey County). These (CDFG 1986). This species is typically lack of above ground stems, low number widely scattered and disjunct localities found between 300 and 650 m (900 and of leaves (45 or less), and short are based on single specimen collections 2,000 ft.) in elevation (CNDDB 1993). flowering stalk (1.6 m (5 ft.)) or shorter. that predate 1940 and the populations The association of B. nevinii with Nolina parryi has distinct above ground have not been relocated in recent years Lepidospartum squamatum, which stems, numerous leaves (45 to 200) and (Kelman 1991, CNDDB 1992). requires groundwater flow, and its taller flowering stalks (1.6 to 4 m (5 to Identification of these specimens is preference for sandy wash locations, 13 ft.)) (Dice 1993). 51446 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
Nolina interrata is a dioecious (male private land (Oberbauer 1979, CNDDB nevinii, Fremontodendron mexicanum, and female flowers on separate plants) 1992). and Nolina interrata as category 1 perennial with an underground stem Nolina interrata is known from 3 candidate taxa (species for which data that forms a woody platform and localities in Baja California and ranges in the Service’s possession are sufficient produces many aerial rosettes of leaves. as far south as Ensenada (Rancho de la to support a proposal for listing). On Each rosette consists of 10 to 45 lance- Cruz) in Baja California, Mexico (Fred November 28, 1983, the Service linear, glaucous (covered with a whitish Hrusa, University of California at Davis, published a supplement to the Notice of powder) leaves with minutely serrate in litt. 1993). One population exists Review in the Federal Register (48 FR margins. In some years, rosettes produce about 16 km (10 miles) northeast of La 53640). This supplement treated F. a single stalk 1 to 2.5 m (3 to 7.5 ft.) tall Mision. Both of these disjunct Mexican mexicanum as a category 2 candidate with an elongate, compound panicle populations have fewer than 25 species (species for which data in the inflorescence at its apex. The flowers individuals each. Another population Service’s possession indicates listing are minute (2 to 4 mm (0.1 to 0.2 in.)) has recently been discovered closer to may be appropriate, but for which and creamy white. Nolina interrata can the United States border and it appears additional biological information is be distinguished by its short, thin- to be of comparable size (Jim Dice, needed to support a proposed rule), stalked panicle, which has CDFG, pers. comm. 1995). whereas B. nevinii and N. interrata inconspicuous bracts, and by the Previous Federal Action remained as category 1 species. The absence of any visible above-ground listing status of these species has trunk or stem bearing individual Federal government action on the four remained unchanged since the 1983 rosettes of leaves, a greatly reduced plant taxa considered in this rule began Notice of Review. as a result of section 12 of the number of leaves per rosette, and Section 4(b)(3)(B) of the Endangered minimally expanded leaf bases. It can be Endangered Species Act of 1973, which directed the Secretary of the Species Act of 1973, as amended in distinguished from Yucca species by the 1982, requires the Secretary to make absence of a rigid spinose leaf tip and Smithsonian Institution to prepare a report on those plants considered to be findings on pending petitions within 12 leaves with shredding margins. In months of their receipt. Section 2(b)(1) addition, Yucca species have larger endangered, threatened, or extinct. This report, designated as House Document of the 1982 amendments further flowers that branch from a single spike requires that all petitions pending on rather than a panicle (Dice 1988, 1993). No. 94–51, and presented to Congress on January 9, 1975, recommended October 13, 1982, be treated as having Nolina interrata grows in chaparral been newly submitted on that date. This habitat commonly associated with Berberis nevinii, Fremontodendron was the case for Berberis nevinii, Adenostoma fasciculatum (chamise), mexicanum, and Nolina interrata for Fremontodendron mexicanum, and Helianthemum scoparium (peak rush endangered status. The Service Nolina interrata because the 1975 rose), Salvia clevelandii (Cleveland published a notice in the Federal Smithsonian report had been accepted sage), and Tetracoccus dioicus (San Register on July 1, 1975 (40 FR 27823), as a petition. On October 13, 1983, the Diego button bush). Nolina interrata is of its acceptance of the report as a Service found that the petitioned listing often associated with other rare plants petition within the context of section of these species was warranted, but such as Senecio ganderi (Gander’s 4(c)(2) (now section 4(b)(3)(A)) of the precluded by other pending listing butterweed), Acanthomintha ilicifolia Act, and of the Service’s intention proposals of higher priority, pursuant to (San Diego thornmint), Monardella thereby to review the status of the plant hypoleuca ssp. lanata (felt-leaved taxa named therein, including B. section 4(b)(3)(B)(iii) of the Act. monardella), and Fritillaria biflora nevinii, F. mexicanum, and N. interrata. Notification of this finding was (chocolate lily) (Oberbauer 1979). The On June 16, 1976, the Service published published in the Federal Register on association of N. interrata with these a proposal in the Federal Register (42 January 20, 1984 (49 FR 2485). Such a species reflects the distribution of clay FR 24523) to determine approximately finding requires the petition to be soils formed from gabbro soils in the 1,700 vascular plant species to be recycled, pursuant to section region (Oberbauer 1979, 1991, endangered species pursuant to section 4(b)(3)(C)(i) of the Act. The finding was Beauchamp 1986). Nolina interrata 4 of the Act. Berberis nevinii, reviewed in October of 1984, 1985, reproduces primarily by asexual means Fremontodendron mexicanum, and 1986, 1987, 1988, 1989, 1990, 1991, and and it does not flower every year; this Nolina interrata were included in this 1992. adaptation may compensate for its lack Federal Register proposal. The Service made a final ‘‘not of consistent flowering. It also may General comments received in warranted’’ finding on the 1975 petition require fire or other disturbance to relation to the 1976 proposal were with respect to Fremontodendron induce flowering. summarized in an April 26, 1978, mexicanum and 864 other species in the The total population size of Nolina Federal Register publication (43 FR December 9, 1993, Federal Register (58 interrata is about 9,000 plants. There are 17909). The Endangered Species Act FR 64828–45). The species was thus nine populations of N. interrata in San amendments of 1978 required all retained under Category 2 on the basis Diego County, all within a 6 square mile proposals over 2 years old to be that it may be subject to extinction or (15.6 square kilometer (km)) area in the withdrawn, although a 1-year grace endangerment from uncontrolled loss of Dehesa Valley, immediately east of El period was given to these proposals. In habitat, from other man-caused changes Cajon, California. There are no records the December 10, 1979, Federal Register to its environment, or extinction due to of extirpated populations. About one- (44 FR 70796), the Service published a low numbers (58 FR 64840). Since 1993, third to one-half of the known notice of withdrawal for that portion of the Service has completed or obtained populations are protected on a reserve the June 16, 1976, proposal that had not survey and other data that adequately managed by The Nature Conservancy at been made final, along with four other describe those factors that are placing F. McGinty Mountain. Another large proposals that had expired. mexicanum at risk of extinction. The population, located near Sycuan Peak, is The Service published an updated Service has proceeded to propose this owned by two private landowner notice of review of plants in the Federal species along with Berberis nevinii, consortiums. The remaining few Register on December 15, 1980 (45 FR Nolina interrata, and Ceanothus populations are small and occur on 82480). This notice included Berberis ophiochilus that occupy the same Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51447 general distribution in southern and terraces) within the chaparral plant of B. nevinii as well as promoting California. community. Generally, urban development in the area (Monroe et al. On December 14, 1990, the Service development and mining have impacted 1992). Grading for fire breaks can received a petition dated December 5, these habitats more than other activities destroy populations and their habitat. 1990, from Mr. David Hogan of the San within the chaparral community For example, grading destroyed about 3 Diego Biodiversity Project, to list Nolina because the terrain is more accessible percent of the C. ophiochilus population interrata as an endangered species than the typically rugged and boulder at Vail Lake, north of SR 79 and 3 (Hogan, in litt. 1990). The petitioner also covered terrain of the surrounding percent or more in the Agua Tibia requested the designation of critical chaparral. Wilderness of the Cleveland National habitat for this species. Since N. A study conducted by the Forest, south of SR 79 (Boyd et al. 1989; interrata was included in the 1975 Metropolitan Water District of Southern Boyd 1991; S. Cochrane, in litt. 1993). Smithsonian Institution Report, the California suggests that much of Of 32 known populations of Berberis Service regards the 1990 petition as a southwestern Riverside County will be nevinii, those occurring in alluvial scrub second petition for the same action. converted to urban development within habitats have been the most heavily On September 16, 1991, the Service the decade (Monroe et al. 1992, impacted (CNDDB 1992). Most of these received a petition dated September 13, California Department of Finance 1993). populations have been extirpated by 1991, from Mr. Steve Boyd of the Urban development encroachment in urban development, road widening, or Rancho Santa Ana Botanic Garden, to the Vail Lake area of southwestern habitat degradation from excessive list Ceanothus ophiochilus as an Riverside County threatens one of the recreational use. The quality of the endangered species (Boyd 1991). The two largest populations of Berberis remaining populations is poor Service published a 90-day finding in nevinii and the only known population compared to historical accounts (Boyd the Federal Register on August 10, 1992 complex of Ceanothus ophiochilus. The 1987). The vast San Fernando Valley (57 FR 37513), that substantial Vail Lake area is included in a alluvial scrub habitat has been largely information was presented in the Community Plan, planned and urbanized, but once supported petition to indicate that the requested approved by the County, which allows numerous populations, including the action may be warranted. This species subdivision of parcels into 9-ha (20- type locality for B. nevinii (Boyd 1987). was included as a category 2 species in acre) lots (Boyd 1991, Schaffer 1993). In Nolina interrata and the September 30, 1993, Notice of 1995, a new land owner offered the Fremontodendron mexicanum are being Review (50 CFR 51144). This proposed Riverside County Habitat Conservation affected by the same suite of threats that rule constitutes the 12-month finding on Agency (RCHCA) an option to acquire accompany the encroachment of this petitioned action. the portion (as a conservation bank) of urbanization described above. The Otay On July 29, 1983, Nolina interrata was the Vail Lake planned community that Ranch and BLM boundaries divide included in Appendix I of the contains the C. ophiochilus population Cedar Canyon in southern San Diego Convention on International Trade in (see Factor D). However, the option is County near the Mexican border, which Endangered Species of Wild Fauna and unlikely to be taken and the current is the only confirmed F. mexicanum Flora (CITES). CITES is a treaty land owner (a real estate management population in the United States and established to prevent international company) may sell the property to an consists of 2 groups of F. mexicanum trade that may be detrimental to the entity, or multiple entities that may (CNDDB 1992). About 50 percent of the survival of plants and animals. develop the property (Michelle potentially occupied habitat of F. mexicanum exists on BLM land and Summary of Factors Affecting the Shaughnessy, Fish and Wildlife Service about 50 percent is on private property Species Biologist, pers. comm. 1995). Berberis nevinii populations at Vail Lake could designated as open space, which will be Section 4 of the Endangered Species be eliminated by development (Jeff surrounded by residential development Act (16 U.S.C. 1531 et seq.) and David and Associates 1995). If the under the Otay Ranch Plan (Ogden regulations (50 CFR part 424) conservation bank is not adopted and if Environmental and Energy Services, Inc. promulgated to implement the listing subdivision of this area occurs, several 1992). Habitat potentially occupied by provisions of the Act set forth the types of impacts would be expected in F. mexicanum at Brown Field and Otay procedures for adding species to the addition to the direct removal of B. Lakes is degraded by four-wheel drive Federal lists. A species may be nevinii and C. ophiochilus and their roads and deep gully erosion. determined to be an endangered or habitat. Fire management strategies for Over 50 percent of the population of threatened species due to one or more developed areas would impact the Nolina interrata exists on private land of the five factors described in section natural fire processes to which natural zoned for development (Dice, pers. 4(a)(1). These factors and their plant communities have become comm. 1995). The primary population application to Ceanothus ophiochilus S. adapted (see Factor E below). Individual of N. interrata at McGinty Mountain is Boyd, T. Ross and L. Arnseth (Vail Lake landowners are likely to convert under management by The Nature ceanothus), Berberis nevinii A. Gray existing habitat to gardens, lawns, and Conservancy, however, the remaining (Nevin’s barberry), Fremontodendron pastures. Development would introduce population occurs in subdivided private mexicanum Davidson (Mexican invasive plants that compete with these ownerships (CNDDB 1993). Losses of N. flannelbush), and Nolina interrata H. taxa, and degrade habitat quality as a interrata to easements and grading have Gentry (Dehesa beargrass), are as result of conversion to later successional already occurred at McGinty Mountain, follows: stages of plant communities (Boyd and fragmentation and degradation of A. The present or threatened 1991). remaining habitat continues (Dice, pers. destruction, modification, or Several other sources of habitat comm. 1995). The future of the very curtailment of their habitat or range. degradation also threaten Berberis large Sycuan Mountain population is The specific soil and/or hydrologic nevinii and Ceanothus ophiochilus in uncertain at the present even though the requirements of the four plant taxa the Vail Lake area of Riverside County. landowner possesses development considered herein, naturally limit their State Route 79 (SR 79) has been entitlements and CDFG may purchase a distribution to clay soils formed from proposed for widening from two to four portion of this population (Royce gabbro and alluvial scrub (sandy washes lanes and may impact some populations Riggan, RBR Associates, pers. comm. 51448 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
1993). Some of the smaller populations California Fish and Game Code, makes adverse impacts. However, it does not are on land owned by sand-mining it eligible for State listing. Although require that the lead agency select an interests where mining-related NPPA and CESA both prohibit the alternative with the least significant activities, trash dumping, and access ‘‘take’’ of State-listed plants (Chapters impact to the environment (40 CFR, roads are destroying and degrading its 10 and 1.5, sections 1908 and 2080 1500 et seq.). habitat. respectively), these statutes appear to Land-use planning decisions, at the B. Overutilization for commercial, inadequately protect against the taking local level, are made on the basis of recreational, scientific or educational of such plants via habitat modification environmental review documents, purposes. Fremontodendron or land use change by the landowner. prepared in accordance with CEQA or mexicanum, Berberis nevinii and Nolina After the California Department of Fish NEPA, which often do not adequately interrata are sold in the nursery trade. and Game notifies a landowner that a address ‘‘foreseeable future’’ or However, reportedly seed and cuttings State-listed plant grows on his or her ‘‘cumulative’’ impacts to non-listed of F. mexicanum and B. nevinii are property, State law requires only that species and their habitat. As with derived from existing cultivars (Elena the landowner notify the agency ‘‘at section 404 permits described below, Benge, Tree of Life Nursery, San Juan least 10 days in advance of changing the the Service’s comments through the Capistrano, California, pers. comm. land use to allow salvage of such plant’’ NEPA and CEQA review processes are 1995). Take of N. interrata plants from (California Fish and Game Code, only advisory. the wild for the nursery trade has been Chapter 10, section 1913). In 1991, the State of California identified as a threat to the species The California Environmental Quality established the Natural Community (CDFG 1992). Access to most of the Act (CEQA) (Public Resources Code, Conservation Planning (NCCP) Act to remaining locations of all four plant section 21000 et seq.) requires a full address conservation needs throughout species is limited by private property disclosure of the potential the state. Chaparral and closed-coned boundaries and/or rugged terrain environmental impacts of proposed coniferous forest habitats and two of the (CNNDB 1992, unpublished Service projects. The public agency with four species (Nolina interrata and data). primary authority or jurisdiction over Fremontodendron mexicanum) are C. Disease or predation. No evidence the project is designated as the lead being considered under the Multiple suggests that disease or predation have agency, and is responsible for Species Conservation Program (MSCP) affected the plant species under conducting a review of the project and plan. This program, under development consideration herein. consulting with the other agencies by the City of San Diego, County of San D. The inadequacy of existing concerned with the resources affected Diego, other coastal cities, and private regulatory mechanisms. Existing by the project. Section 15065 of the land owners, is a component of the regulatory mechanisms that could CEQA Guidelines requires a finding of NCCP program. A draft plan for the provide some protection for these significance if a project has the potential MSCP has been developed but has not species in the United States include: (1) to ‘‘reduce the number or restrict the been approved. As currently proposed, listing under the California Endangered range of a rare or endangered plant or Species Act; (2) adequate consideration animal’’ including those that are eligible while the plan will benefit the species, under the California Environmental for listing under NPPA and CESA. Once it will not preclude listing of F. Quality Act (CEQA) and the National significant effects are identified, the mexicanum because of extremely Environmental Policy Act (NEPA); (3) lead agency has the option to require limited numbers of populations (1 local laws and regulations; (4) section mitigation for effects through changes in confirmed in the United States) and 404 of the Federal Clean Water Act, and the project or to decide that ‘‘overriding individuals (fewer than 100). While section 1603 of the California Fish and social and economic considerations’’ protection of N. interrata would likely Game Code; (5) occurrence with other make mitigation infeasible (California be adequate within those areas covered species protected by the Federal Public Resources Code, Guidelines, by the MSCP (3 populations), the Endangered Species Act; (6) adequate section 15093). In the latter case, implementation of the MSCP would not consideration in State or regional projects may be approved that cause likely preclude the need for listing this conservation planning efforts such as significant environmental damage, such species because significant populations the Natural Community Conservation as destruction of endangered plant occur on unprotected lands east of the Planning Program and other wide range species. Protection of listed plant MSCP planning area. The County of San multispecies efforts; (7) land acquisition species under CEQA is, therefore, Diego is in the process of planning for and management by Federal, State, or dependent upon the discretion of the conservation in the eastern portion of local agencies, or by private groups and lead agency. the county, but a draft plan is not organizations; and (8) inclusion in While CEQA pertains to projects on expected in the near future. Appendix I of CITES. non-Federal land, the National The Service is working with Riverside The California Fish and Game Environmental Policy Act (NEPA) (42 and San Bernardino counties to create Commission has listed Nolina interrata, U.S.C. 4321 to 4347) requires disclosure multispecies plans that may benefit Mahonia (=Berberis) nevinii, and of the environmental effects of projects Ceanothus ophiochilus and Berberis Ceanothus ophiochilus as endangered within Federal jurisdiction. Species that nevinii. Both plans are in the planning under the Native Plant Protection Act are listed by the State, but not proposed stage and it is uncertain to what degree (NPPA) (California Fish and Game Code, or listed as threatened or endangered by they will be successful in providing Div. 2, Chapter 10, section 1900 et seq.) the Federal government, are not protection for these species. However, and the California Endangered Species protected when a proposed Federal these multispecies plans will likely Act (CESA) (Div. 3, Chapter 1.5, section action is considered a ‘‘categorical provide significant benefits to both 2050 et seq.). Fremontodendron exclusion.’’ NEPA requires that each of species. While B. nevinii is distributed mexicanum is included on List 1B of the the project alternatives recommend beyond San Bernardino and Riverside California Native Plant Society’s ways to ‘‘protect, restore and enhance counties, the implementation of Inventory of Rare and Endangered the environment’’ and ‘‘avoid and adequate biologically sound Plants, which, in accordance with minimize any possible adverse effects,’’ multispecies plans in these counties section 1901, chapter 10 of the when implementation poses significant may fulfill Endangered Species Act Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51449 requirements for this species within also known to be occupied by D. Although Ceanothus ophiochilus is these counties. leptoceras, and E. densiflorum ssp. dependent on occasional fires for seed Section 404 of the Clean Water Act, sanctorum, these species are not known germination, it does not reproduce administered by the U.S. Army Corps of from any specific site where B. nevinii vegetatively after a fire. Very high fire Engineers (Corps), could provide for also occurs. frequencies prevent newly germinated conservation or protection of Berberis The Nature Conservancy has acquired plants from reaching reproductive nevinii populations along alluvial lands on Sycuan Peak and McGinty maturity and will result in population features. Alluvial scrub habitats, which Mountain in San Diego County, which declines or extirpation once the historically supported Berberis nevinii, protect part of the population of Nolina underground seed bank has been have been reduced in extent by 95 interrata (CDFG 1992), however the depleted. percent due to urban and agricultural amount of habitat acquired is not In other cases, the reduced frequency development (CNDDB 1992, Rey- adequate to ensure protection of the of fire due to fire suppression programs Vizgirdas 1994). These habitats must be species. Acquisition of lands to protect can adversely affect the viability of considered under CEQA or NEPA and Berberis nevinii and Fremontodendron plant populations by reducing genetic may be regulated, in part, by the mexicanum has been proposed by the diversity. While frequent fires are a permitting processes of the Corps under Bureau of Land Management (1992), but threat to the survival of Ceanothus section 404 of the Clean Water Act. the action has not yet been ophiochilus, fire suppression would Under section 404 the Corps regulates, implemented. These actions would also represent a threat to this species through a permitting program, the increase protection for a small segment because it would inhibit seed discharge of dredged or fill material into of the B. nevinii population, and all of germination. Therefore, controlled waters of the United States. Waters of the known populations of F. mexicanum burns may be necessary, in some cases, the U.S. include lakes, rivers, streams in the United States. to maintain population vigor and and any wetlands adjacent to these The proposed land acquisitions and rejuvenation (Boyd 1991). Likewise, flowering of Nolina features, as well as isolated wetland management practices discussed above interrata is stimulated by fire. In the areas. However, upland (non-wetland) would protect significant portions of the areas are not subject to regulation or absence of fire, it reproduces primarily populations of the plant species protection under the Corps’ regulatory by cloning a new plant from its considered herein, and the Service program. Depending on the frequency underground caudex. Genetic diversity supports their implementation. and duration of inundation, soil for N. interrata can only be maintained However, these actions are only characteristics and vegetative if the plant flowers and reproduces proposed and the likelihood of their composition of B. nevinii habitat, sexually. One population is cloned from implementation is uncertain. Even if potential habitat for the species may not a single female plant. If populations are implemented, they would not eliminate be within the jurisdictional boundaries entirely female, pollen from disjunct threats due to an alteration of the of section 404. As a result, any projects populations would be required for natural fire periodicity, habitat affecting such habitat likely would flower fertilization. However, flowers in receive no environmental review. fragmentation, and randomly occurring disjunct populations may not bloom Federal candidate species receive no natural events (discussed below). simultaneously since flowering is, in special consideration under section 404. Significant portions of these plant part, dependent upon fire (Dice 1989). In addition, emergency flood control populations would still not have The effects of altered fire frequencies measures may circumvent compliance appropriate management or would be on Berberis nevinii are not known. Basal with these statutes. For example, as part outside the proposed areas of burls indicate that B. nevinii is able to of emergency measures, vegetation acquisition (with the exception of F. stump sprout; however, vegetative stripping occurred in Riverside and San mexicanum). propagation has been unsuccessful in Bernardino counties throughout the E. Other natural or manmade factors cultivation. This species propagates in potential range of B. nevinii after affecting their continued existence. Fire the wild by seed, but seed production flooding subsided in the spring of 1993. management practices are adversely and fertility are sporadic. The Act may incidentally afford affecting Ceanothus ophiochilus, Hybridization threatens Ceanothus protection to the species under Berberis nevinii, Nolina interrata, and ophiochilus throughout its populations. consideration in this proposal if they co- Fremontodendron mexicanum because Potential hybrids have been observed at exist with species already listed as the habitat requirements for these the edge of the Vail Lake population, threatened or endangered under the Act. species depend upon natural fire near the contact zone with adjacent The least Bell’s vireo (Vireo bellii patterns. Alteration of natural fire metasedimentary substrates. The other pusillus), coastal California gnatcatcher periodicity can have various adverse three populations, located nearby in the (Polioptila californica californica), effects on plants that evolved to survive Agua Tibia Wilderness Area, have been southwestern willow flycatcher in an ecosystem that included natural significantly affected by hybridization (Empidonax traillii extimus), arroyo fires. Human population increases are with C. crassifolius. At least 10 to 15 toad (Bufo microscaphus californicus), generally accompanied by increased percent of two of the Agua Tibia slender-horned spineflower incidence of local accidental fires. As populations represent pure hybrid (Dodecahema leptoceras), and Santa regional population density continues to individuals and it is likely that a large Ana River woolly star (Eriastrum increase, fire suppression measures are portion, or possibly all of the densiflorum ssp. sanctorum) are listed intensified in surrounding undeveloped individuals in these populations are as endangered or threatened under the areas. The natural period between fires introgressed to some degree (Shaffer Act and occur within the same in these areas then may be lengthened. 1993). The hybridization is likely the geographical area as the species Also, during fire events, bulldozers are result of disturbance by fire and fire proposed herein. However, these used to scrape fire breaks through management practices such as species are not found in the same vegetation to stop the advance of a fire. bulldozed firebreaks (Chris Frazier, San habitat as three of the proposed plant Fire breaks may increase erosion on Diego State University, in litt. 1993). taxa. Though Berberis nevinii is known slopes which may slow chaparral (and Risk of extinction from naturally to occur in alluvial fan scrub which is species) recovery. occurring events threatens all of the 51450 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules plant taxa discussed herein by virtue of caused threats because it is fragmented by the species, at the time it is listed in their small population size and limited and disjunct. Recolonization of burned accordance with the Act, on which are distribution (e.g., the extant population or modified habitats is unlikely because found those physical or biological of Fremontodendron mexicanum is of the long dispersal distance from features (I) essential to the conservation fewer than 100 individuals). Genetic other, if any, populations. Edaphic (soil- of the species and (II) that may require viability is reduced in small related) endemism, a trait of all of these special management considerations or populations, making them more species, also limits areas suitable for protection; and (ii) specific areas vulnerable to extinction by manmade or colonization. Currently healthy outside the geographical area occupied natural events. Because N. interrata populations are more subject to disease by the species at the time it is listed, reproduces by cloning, the status of and disturbance because of the lack of upon a determination that such areas genetic diversity in the remaining gene flow from other populations due to are essential for the conservation of the populations is unkown. In addition, isolation. The small numbers and species. ‘‘Conservation’’ means the use Barrett and Kohn (1991) maintain that concentrated populations of all these of all methods and procedures needed characteristics such as low reproductive species also make them vulnerable to to bring the species to the point at success may be the result of random extinction from naturally occurring which listing under the Act is no longer genetic drift. Random genetic drift is the events. Vandalism and inadequate necessary. random change in the gene frequency of regulatory mechanisms exacerbate the Section 4(a)(3) of the Act, as a populations due to ‘‘reshuffling’’ of threats arising from otherwise lawful amended, and implementing regulations gametes from generation to generation. activities. The cumulative effects of (50 CFR 424.12) require that, to the This effect is amplified in small isolated these multiple threats have placed two maximum extent prudent and populations and can result in the of these species in danger of extinction, determinable, the Secretary designate prevalence of detrimental characteristics and two in danger of potential critical habitat at the time the species is in a population. The potential for local extinction. determined to be endangered or extirpation owing to small population The Service has carefully assessed the threatened. The Service finds that size can be exacerbated by best scientific and commercial designation of critical habitat is not environmental conditions such as the information available regarding the past, prudent for these species at this time. recent drought. A single random event present, and future threats faced by Service regulations (50 CFR occurring in a population center can these species in determining to propose 424.12(a)(1)) state that designation of decimate a species beyond recoverable this rule. Based on this evaluation, the critical habitat is not prudent when one numbers. In the case of Berberis nevinii, preferred action is to list Berberis or both of the following situations most individuals are concentrated in nevinii and Fremontodendron exist—(1) The species is threatened by one locality in the Vail Lake area of mexicanum as endangered. Other taking or other human activity, and Riverside County (CNDDB 1992). The alternatives to this action were identification of critical habitat can be species is extremely vulnerable because considered but not preferred because expected to increase the degree of threat its low reproductive success rate not listing these species, or listing them to the species, or (2) such designation of (Mistretta 1989a) and disjunct as threatened would not provide critical habitat would not be beneficial distribution decrease its ability to adequate protection and would not be in to the species. recover from naturally occurring events. keeping with the purposes of the Act. The Service finds that designation of Ceanothus ophiochilus occurs only in Both of these species exist in small critical habitat for Berberis nevinii, southwestern Riverside County. A few isolated populations. The entire Ceanothus ophiochilus, thousand individuals or less exist at population of Fremontodendron Fremontodendron mexicanum, and each of three or four localities (Shaffer mexicanum is estimated to contain less Nolina interrata is not prudent for these 1993). Hybridization with C. crassifolius than 100 plants. Urbanization of species at this time. The additional may reduce the effective reproductive surrounding areas and fire management protection provided by the designation population and intensify the adverse practices threaten both of these species of critical habitat is achieved through effects of random genetic drift in the with extinction throughout their ranges. section 7 of the Act which requires Agua Tibia populations (Barrett and The preferred action for Nolina consultation with the Service on any Kohn 1991). Due to the very small interrata and Ceanothus ophiochilus is projects or activities authorized, funded number of individuals and the verified to list these taxa as threatened. While N. or carried out by Federal agencies. existence of only one U.S. population interrata and C. ophiochilus are not in While actions by the U.S. Army Corps (CNNDB 1992), Fremontodendron danger of extinction throughout all or a of Engineers, the Forest Service, or may mexicanum is subject to the same significant portion of their ranges, they affect some populations of these species, adverse genetic and naturally occurring are likely to become endangered species the majority of the populations of these random effects as C. ophiochilus (Barrett within the foreseeable future. Both species are on private land with little or and Kohn 1991). One of the Dehesa species are fire-dependent for successful no Federal involvement. Therefore, the Valley populations of Nolina interrata is proliferation, and disruption of the designation of critical habitat for these considered to be a single female clone natural fire regime can prohibit future taxa would not appreciably benefit the (Dice, pers. comm. 1995). Cloning generations from establishing. species. makes N. interrata more vulnerable to Continued hybridization of C. In addition, the publication of precise extinction from naturally occurring ophiochilus populations will impair maps and descriptions of critical habitat events, particularly when most of the their reproductive success and alter the in the Federal Register would make populations are found at only one genetic makeup of the species. these plants more vulnerable to location (Oberbauer 1979). Critical habitat is not being proposed incidents of vandalism and, therefore, In summary, the decline of these for these species, as discussed below. could contribute to the decline of these species’ ranges and populations are species. The threat of potential attributable to loss or adverse Critical Habitat vandalism in response to listing a modification of habitat by urban Critical habitat, as defined by section species has been identified by several development. The remaining habitat is 3 of the Act, is: (i) the specific areas sources (Oberbauer 1979, Beauchamp more vulnerable to natural and human- within the geographical area occupied 1993) and may be applicable to others Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51451 given their occurrence on Corps, Federal Highway Administration, the species’ range. All four taxa have predominantly private lands. All and the Immigration and Naturalization populations that occur on either USFS Federal and state agencies and local Service. These agencies either lands or lands managed by BLM. planning agencies involved have been administer lands containing these Collection, damage or destruction of notified of the location and importance species or authorize, fund, or otherwise these species on Federal lands would be of protecting these species’ habitat. conduct activities that may affect these prohibited, although in appropriate Protection of these species’ habitat will species. cases a Federal endangered species be addressed through the recovery The Act and its implementing permit may be issued to allow process. Therefore, the Service finds regulations found at 50 CFR section collection. Such activities on non- that designation of critical habitat for 17.61, 17.62, and 17.63 set forth a series Federal lands would constitute a these plants is not prudent at this time; of general prohibitions and exceptions violation of section 9 if conducted in such designation likely would not that apply to all endangered plants. knowing violation of California State provide any additional benefit to these With respect to the four plant taxa law or regulations, or in violation of species beyond that provided through considered herein, all trade prohibitions State criminal trespass law. their listing as endangered or threatened of section 9(a)(2) of the Act, Three of the proposed species are of species. implemented by 50 CFR 17.61, would horticultural interest and both are apply. These prohibitions, in part, make Available Conservation Measures it illegal for any person subject to the currently in commercial trade, Berberis Conservation measures provided to jurisdiction of the United States to nevinii, Fremontodendron mexicanum, species listed as endangered or import or export, transport in interstate and Nolina interrata. Intrastate threatened under the Act include or foreign commerce in the course of a commerce is not prohibited under the recognition, recovery actions, commercial activity, sell or offer for sale Act. However, interstate and foreign requirements for Federal protection, and in interstate or foreign commerce, or commerce would require a Federal prohibitions against certain practices. remove and reduce to possession any endangered species permit. However, 50 Recognition through listing encourages such species from areas under Federal CFR Part 17.71(a) does not prohibit any and results in conservation actions by jurisdiction. In addition, the 1988 activities with seeds of cultivated Federal, State, and private agencies, amendments (P.L. 100-478) to the Act threatened species provided that a groups, and individuals. The Act make it illegal to maliciously damage or statement that the seeds are of provides for possible land acquisition destroy any such species on areas under ‘‘cultivated origin’’ accompanies the and cooperation with the States and Federal jurisdiction or remove, cut, dig seeds or their container during the requires that recovery plans be up, damage or destroy any such species course of the activity. Other than developed for all listed species. The in knowing violation of any State law or possible interstate commerce by the protection required of Federal agencies regulation, including State criminal public that would be affected by this and the prohibitions against certain trespass law. Certain exceptions apply proposed listing, the Service is not activities involving listed plants are to agents of the Service and State aware of any other activities being discussed, in part, below. conservation agencies. conducted by the public that would be Section 7(a) of the Act, as amended, The Act and 50 CFR 17.62, 17.63 and affected by this proposal and result in requires Federal agencies to evaluate 17.72 also provide for the issuance of a violation of section 9. Questions their actions with respect to any species permits to carry out otherwise regarding whether specific activities that is proposed or listed as endangered prohibited activities involving would constitute a violation of section or threatened and with respect to its endangered and threatened plants under 9 should be directed to the Field critical habitat, if any is being certain circumstances. It is anticipated Supervisor of the Carlsbad Field Office designated. Regulations implementing that trade permits will be sought and (see ADDRESSES section). this interagency cooperation provision issued for at least two of the plant Public Comments Solicited of the Act are codified at 50 CFR part species considered herein that are 402. Section 7(a)(4) requires Federal common in cultivation, Berberis nevinii The Service intends that any final agencies to confer informally with the and Fremontodendron mexicanum. action resulting from this proposal will Service on any action that is likely to Requests for copies of regulations on be as accurate and as effective as jeopardize the continued existence of a listed plants and inquiries regarding possible. Therefore, comments or proposed species or result in them may be addressed the U.S. Fish suggestions from the public, other destruction or adverse modification of and Wildlife Service, Ecological concerned governmental agencies, the proposed critical habitat. If a species is Services, Endangered Species Permits, scientific community, industry, or any listed subsequently, section 7(a)(2) 911 N.E. 11th Avenue, Portland, other interested party concerning this requires Federal agencies to ensure that Oregon, 97232–4181 (telephone 503/ proposed rule are hereby solicited. activities they authorize, fund, or carry 231–2063, FAX 503/231–6243). Comments particularly are sought out are not likely to jeopardize the Nolina interrata is included in concerning: continued existence of such a species or Appendix I of CITES. CITES is a treaty to destroy or adversely modify its established to prevent international (1) Biological, commercial, or other critical habitat. If a Federal action may trade that may be detrimental to the relevant data concerning any threat (or affect a listed species or its critical survival of plants and animals. lack thereof) to Berberis nevinii, habitat, the responsible Federal agency It is the policy of the Service (59 FR Ceanothus ophiochilus, must enter into consultation with the 34272) to identify to the maximum Fremontodendron mexicanum, and Service. extent practicable at the time a species Nolina interrata; Federal agencies expected to have is listed those activities that would or (2) The location of any additional involvement with Berberis nevinii, would not be likely to constitute a populations of these species and the Ceanothus ophiochilus, violation of section 9 of the Act. Such reasons why any habitat should or Fremontodendron mexicanum, and information is intended to clarify the should not be determined to be critical Nolina interrata include the United potential impacts of a species’ listing on habitat as provided by section 4 of the States Forest Service (USFS), BLM, proposed and ongoing activities within Act; 51452 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
(3) Additional information concerning Statements, as defined under the recordkeeping requirements, the range, distribution, and population authority of the National Environmental Transportation. size of these species; and Policy Act of 1969, need not be Proposed Regulation Promulgation (4) Current or planned activities in the prepared in connection with regulations subject area and their possible impacts adopted pursuant to section 4(a) of the Accordingly, the Service hereby on these species. Endangered Species Act of 1973, as proposes to amend part 17, subchapter The final decision on this proposal amended. A notice outlining the B of chapter I, title 50 of the Code of will take into consideration the Service’s reasons for this determination Federal Regulations, as set forth below: comments and any additional was published in the Federal Register information received by the Service, and on October 25, 1983 (48 FR 49244). PART 17Ð[AMENDED] such communications may lead to a final regulation that differs from this References Cited 1. The authority citation for part 17 proposal. A complete list of all references cited continues to read as follows: The Act provides for a public hearing herein is available upon request from Authority: 16 U.S.C. 1361–1407; 16 U.S.C. on this proposal, if requested. Requests the U.S. Fish and Wildlife Service, 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– must be received within 45 days of the Carlsbad Field Office (see ADDRESSES 625, 100 Stat. 3500, unless otherwise noted. date of publication of the proposal in above). the Federal Register. Such requests 2. Section 17.12(h) is amended by must be made in writing and addressed Author adding the following, in alphabetical to the Field Supervisor of the Carlsbad This proposed rule was prepared by order under FLOWERING PLANTS, to Field Office (see ADDRESSES section). the staff of the Carlsbad Field Office (see the List of Endangered and Threatened ADDRESSES section). Plants, to read as follows: National Environmental Policy Act The Fish and Wildlife Service has List of Subjects in 50 CFR Part 17 § 17.12 Endangered and threatened plants. determined that Environmental Endangered and threatened species, * * * * * Assessments and Environmental Impact Exports, Imports, Reporting and (h) * * *
Species Historic range Family Status When list- Critical Special Scientific name Common name ed habitat rules
******* Flowering Plants
******* Berberis nevinii ...... Nevin's barberry ...... U.S.A. (CA) ...... Berberidaceae ...... E NA NA
******* Ceanothus ophiochilus Vail Lake ceanothus .. U.S.A. (CA) ...... Rhamnaceae ...... T NA NA
******* Fremontodendron Mexican flannelbush .. U.S.A. (CA), Mexico .. Sterculiaceae ...... E NA NA mexicanum.
******* Nolina interrata ...... Dehesa beargrass ..... U.S.A. (CA), Mexico .. Liliaceae ...... T ...... NA NA
*******
Dated: September 20, 1995. DEPARTMENT OF COMMERCE ACTION: Notice of availability of John G. Rogers, amendments to fishery management Acting Director, Fish and Wildlife Service. National Oceanic and Atmospheric plans; request for comments. [FR Doc. 95–24333 Filed 9–29–95; 8:45 am] Administration SUMMARY BILLING CODE 4310±55±P : NMFS announces that the 50 CFR Part 676 North Pacific Fishery Management Council (Council) has submitted [I.D. 092695B] Amendment 32 to the Fishery Management Plan (FMP) for the Limited Access Management of Groundfish Fishery of the Bering Sea Federal Fisheries In and Off of Alaska; and Aleutian Islands Area (BSAI) and Amendments Amendment 36 to the Fishery Management Plan for Groundfish of the AGENCY: National Marine Fisheries Gulf of Alaska (GOA). These Service (NMFS), National Oceanic and amendments are necessary to facilitate Atmospheric Administration (NOAA), full utilization of the allocated resources Commerce. managed under the Individual Fishing Quota (IFQ) Program for the Pacific Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51453 halibut and sablefish fixed gear fisheries Copies of the proposed amendments under the existing regulations. CDQ in and off of Alaska. This proposed and the Regulatory Impact Review (RIR) compensation QS were issued to action is intended to achieve full prepared for the amendments may be individuals that received reductions in utilization by relieving transfer obtained from the North Pacific Fishery the amount of Pacific halibut and restrictions on Community Management Council, P.O. Box 103136, sablefish available for harvest with IFQ Development Quota compensation Anchorage, AK 99510. in CDQ areas. Transfer restrictions are quota shares (CDQ compensation QS), FOR FURTHER INFORMATION CONTACT: John reduced by (1) exempting some CDQ thereby allowing transfers to persons Lepore, 907–586–7228. compensation QS from the block who could use the resulting IFQ to SUPPLEMENTARY INFORMATION: The provision and (2) allowing some CDQ harvest the resource. The Council Magnuson Fishery Conservation and compensation QS to be transferred intends for these proposed amendments Management Act (Magnuson Act) across vessel categories. to promote management and requires that each Regional Fishery The Secretary will consider the public conservation of IFQ species, and to Management Council submit any fishery comments received during the comment further the goals and objectives management plan or plan amendment it period in determining whether to contained in the FMPs that govern their prepares to the Secretary of Commerce approve the proposed amendments. The management. Comments are requested (Secretary) for review and approval, proposed regulations are scheduled to from the public. disapproval, or partial disapproval. The be published within 15 days of receipt DATES: Comments on the proposed FMP Magnuson Act also requires that the of the proposed amendments from the amendments must be received on or Secretary, upon reviewing the plan or Council. before November 27, 1995. amendment, immediately publish an Authority: 16 U.S.C. 1801 et seq. ADDRESSES: Comments on the proposed announcement that the plan or FMP amendments must be submitted to amendment is available for public Dated: September 26, 1995. Ronald J. Berg, Chief, Fisheries review and comment. Richard W. Surdi, Management Division, Alaska Region, Amendments 32 and 36 are intended Acting Director, Office of Fisheries NMFS, 709 W. 9th Street, Room 453, to increase the remunerative value of Conservation and Management, National Juneau, AK 99801, or P.O. Box 21668, CDQ compensation QS by reducing the Marine Fisheries Service. Juneau, AK 99802; Attention: Lori J. transfer restrictions that would be faced [FR Doc. 95–24421 Filed 9–27–95; 2:58 pm] Gravel. by initial recipients of those shares BILLING CODE 3510±22±F 51454
Notices Federal Register Vol. 60, No. 190
Monday, October 2, 1995
This section of the FEDERAL REGISTER Forms Clearance Officer, (202) 482– of Commerce, 14th Street and contains documents other than rules or 3271, Department of Commerce, Room Constitution Avenue, NW, Washington, proposed rules that are applicable to the 5327, 14th and Constitution Avenue, DC 20230; telephone: (202) 482–4733. public. Notices of hearings and investigations, NW, Washington, DC 20230. committee meetings, agency decisions and Written comments and SUPPLEMENTARY INFORMATION: rulings, delegations of authority, filing of recommendations for the proposed petitions and applications and agency Background statements of organization and functions are information collection should be sent to examples of documents appearing in this Maria Gonzalez, OMB Desk Officer, On August 2, 1995, the Department section. Room 10202 New Executive Office published in the Federal Register (60 Building, Washington, DC 20503. FR 39359) the preliminary results of the Dated: September 22, 1995. administrative review of the DEPARTMENT OF COMMERCE Gerald Tache, antidumping duty order on iron Departmental Forms Clearance Officer, Office construction castings from the PRC (51 Agency Form Under Review by the FR 17222 (May 9, 1986)). The Office of Management and Budget of Management and Organization. [FR Doc. 95–24433 Filed 9–29–95; 8:45 am] preliminary results indicated the existence of a dumping margin for the DOC has submitted to the Office of BILLING CODE 3510±CW±F Management and Budget (OMB) for respondent, based on the best clearance the following proposal for information available. The petitioner collection of information under the International Trade Administration submitted a case brief, arguing that the Department affirm its preliminary provisions of the Paperwork Reduction [A±570±502] Act (44 U.S.C. Chapter 35). results of review. The Department has Agency: Bureau of the Census. Iron Construction Castings From the now completed this administrative Title: National Institute of Standards People's Republic of China: Final review in accordance with section 751 and Technology (NIST) Manufacturing Results of Antidumping Duty of the Tariff Act of 1930, as amended Extension Partnership (MEP) Program Administrative Review (the Act). Evaluation Survey. Form Number: None. AGENCY: Import Administration, Applicable Statutes and Regulations Agency Approval Number: None. International Trade Administration, Type of Request: New collection. Department of Commerce. Unless otherwise stated, all citations to the statutes and to the Department’s Burden: 2,800 hours. ACTION: Notice of final results of regulations are references to the Number of Respondents: 8,400. antidumping duty administrative provisions as they existed on December Avg Hours Per Response: 20 minutes. review. Needs and Uses: The Census Bureau, 31, 1994. acting as an agent for NIST will conduct SUMMARY: On August 2, 1995, the Scope of the Review the NIST/MEP Program Evaluation Department of Commerce (the Survey. MEP centers around the country Department) published the preliminary The products covered by this review provide technical and business results of its administrative review of are iron construction castings, limited assistance to small and medium–sized the antidumping duty order on iron to: Manhole covers, rings and frames; manufacturing establishments. The construction castings from the People’s catch basin grates and frames; cleanout survey will gather information from Republic of China (PRC). This review covers and frames used for drainage or recent clients of MEP centers on how covers one producer/exporter, the access purposes for public utility, water, they have been helped by the assistance Liaoning Branch of the China National and sanitary systems; valve, service, and provided by the centers. The NIST will Machinery Import and Export meter boxes which are placed below use results of the survey, together with Corporation (MACHIMPEX, Liaoning), ground to encase water, gas, or other other information, to evaluate program and entries of the subject merchandise valves, or water or gas meters. These strengths and weaknesses, plan into the United States during the period articles must be of cast iron, not alloyed, improvements in program effectiveness May 1, 1993 through April 30, 1994. and not malleable. Certain iron and efficiency, and initiate a program– We gave interested parties an wide management information and opportunity to comment on our construction castings are currently evaluation system. The survey will be preliminary results. We received a case classifiable under numbers administered using Computer Assisted brief from the petitioner, the Municipal 7352.10.00.00 and 7325.10.00.50 of the Telephone Interviewing (CATI) Castings Fair Trade Counsel, supporting Harmonized Tariff Schedule of the technology. the preliminary results. We received no United States (HTSUS). The HTSUS Affected Public: Businesses or other other comments. We have not changed item numbers are provided for for–profit. the margin from that presented in our convenience and Customs purposes Frequency: One–time. preliminary results of review. only. The written description remains Respondent’s Obligation: Voluntary. EFFECTIVE DATE: October 2, 1995. dispositive as to the scope of the order. OMB Desk Officer: Maria Gonzalez, FOR FURTHER INFORMATION CONTACT: This review covers sales of the subject (202) 395–7313. Rebecca Trainor or Maureen Flannery, merchandise manufactured by Copies of the above information Office of Antidumping Compliance, MACHIMPEX, Liaoning and entered collection proposal can be obtained by Import Administration, International into the United States during the period calling or writing Gerald Tache, DOC Trade Administration, U.S. Department May 1, 1993 through April 30, 1994. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51455
Final Results of Review This administrative review and notice Tariff Act of 1930, as amended (the are in accordance with section 751(a)(1) Tariff Act). We determine that a margin of 92.74 of the Act (19 U.S.C. 1675(a)(1)) and percent exists for MACHIMPEX, Scope of the Review § 353.22 of the Department’s Liaoning for the period May 1, 1993 regulations. Imports covered by the review are through April 30, 1994. shipments of large power transformers Dated: September 22, 1995. The Department shall determine, and (LPTs); that is, all types of transformers the Customs Service shall assess, Susan G. Esserman, rated 10,000 kVA (kilovolt-amperes) or antidumping duties on all appropriate Assistant Secretary for Import above, by whatever name designated, entries. Individual differences between Administration. used in the generation, transmission, United States price and foreign market [FR Doc. 95–24434 Filed 9–29–95; 8:45 am] distribution, and utilization of electric value may vary from the percentage BILLING CODE 3510±DS±P power. The term ‘‘transformers’’ stated above. The Department will issue includes, but is not limited to, shunt appraisement instructions directly to [A±475±031] reactors, autotransformers, rectifier the Customs Service. transformers, and power rectifier Furthermore, the following deposit Large Power Transformers From Italy; transformers. Not included are requirements shall be effective for all Preliminary Results of Antidumping combination units, commonly known as shipments of the subject merchandise Administrative Reviews rectiformers, if the entire integrated that are entered or withdrawn from assembly is imported in the same warehouse, for consumption on or after AGENCY: Import Administration, shipment and entered on the same entry the publication date of the final results International Trade Administration, and the assembly has been ordered and of this administrative review, as Department of Commerce. invoiced as a unit, without a separate provided by section 751(a)(1) of the Act: ACTION: Notice of preliminary results of price for the transformer portion of the (1) The cash deposit rate for the antidumping duty administrative assembly. This merchandise is currently reviewed company, MACHIMPEX, review. classifiable under the Harmonized Tariff Liaoning, shall be the above rate; (2) for Schedule (HTS) item numbers Minmetals Guangdong, which received SUMMARY: In response to requests by the 8504.22.00, 8504.23.00, 8504.34.33, a separate rate for the most recent petitioner, ABB Power T&D Co., Inc. 8504.40.00, and 8504.50.00. The HTS period for which it was reviewed, the (ABB), and by Tamini Costruzioni item numbers are provided for cash deposit rate will continue to be the Elettromeccaniche (Tamini), a convenience and Customs purposes. company-specific rate published for the manufacturer/exporter of transformers, The written description remains most recent period; (3) for all other PRC the Department of Commerce (the dispositive. exporters, the cash deposit rate will be Department) is conducting an The review covers shipments of 92.74 percent, the PRC country-wide administrative review of the transformers by Tamini during the rate; and (4) for non-PRC exporters of antidumping finding on large power period June 1, 1993, through May 31, the subject merchandise from the PRC, transformers from Italy. 1994. the cash deposit rate will be the rate The review covers exports of subject Applicable Statute and Regulations applicable to the PRC supplier of that merchandise by Tamini to the United exporter. States during the period from June 1, Unless otherwise indicated, all These deposit requirements, when 1993, through May 31, 1994. As a result citations to the statute and to the imposed, shall remain in effect until of the review, the Department has Department’s regulations are references publication of the final results of the preliminarily determined that Tamini to the provisions as they existed on next administrative review. did not make sales at prices below December 31, 1994. foreign market value (FMV). Interested This notice serves as a final reminder parties are invited to comment on these Verification to importers of their responsibility preliminary results. In accordance with section 776 of the under 19 CFR 353.26 to file a certificate Act, we conducted a verification of the regarding the reimbursement of EFFECTIVE DATE: October 2, 1995. FOR FURTHER INFORMATION CONTACT: information submitted by Tamini to the antidumping duties prior to liquidation Department at Tamini’s headquarters in of the relevant entries during this Andrea Chu, Kris Campbell, or Michael R. Rill, Office of Antidumping Melegnano, Italy, from May 22–26, review period. Failure to comply with 1995. this requirement could result in the Compliance, International Trade Secretary’s presumption that Administration, U.S. Department of United States Price reimbursement of antidumping duties Commerce, Washington, DC 20230; In calculating U.S. price (USP), the occurred and the subsequent assessment telephone: (202) 482–4733. Department used purchase price as of double antidumping duties. SUPPLEMENTARY INFORMATION: defined in section 772(b) of the Tariff This notice also serves as a reminder Act. We calculated purchase price based Background to parties subject to administrative on the packed price to the U.S. protective order (APO) of their On June 7, 1994, the Department customer. We made adjustments to USP responsibility concerning the published a notice of ‘‘Opportunity to for transportation expenses and duty disposition of proprietary information Request Administrative Review’’ (59 FR drawback. disclosed under APO in accordance 29411). ABB and Tamini requested with 19 CFR 353.34(d) or 355.34(d). administrative reviews on June 29, Foreign Market Value Timely written notification of return/ 1994, and June 30, 1994, respectively. For the purposes of the preliminary destruction of APO materials or We initiated the review on July 15, 1994 results, we determined that, due to the conversion to judicial protective order is (59 FR 36160), covering the period June highly customized nature of the hereby requested. Failure to comply 1, 1993, through May 31, 1994. The products under review, the LPTs sold in with the regulations and the terms of an Department is conducting this review in the United States could not reasonably APO is a sanctionable violation. accordance with section 751 of the be compared to any other LPTs sold by 51456 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
Tamini. Therefore, in accordance with entries. The Department will issue Intent To Revoke Countervailing Duty section 773(a)(2) of the Tariff Act, we appropriate appraisement instructions Order calculated foreign market value based directly to the Customs Service upon on constructed value of the model sold completion of this review. AGENCY: Import Administration, in the United States. Furthermore, the following deposit International Trade Administration, In accordance with section 773(e) of requirements will be effective for all Department of Commerce. the Tariff Act, the constructed value shipments of the subject merchandise ACTION: Notice of intent to revoke includes the costs of materials and entered, or withdrawn from warehouse, countervailing duty order. fabrication, general expenses, profit, and for consumption on or after the packing for shipment to the United publication date of the final results of SUMMARY: The Department of Commerce States. Home market selling expenses this administrative review, as provided (the Department) is notifying the public were used pursuant to section by section 751(a)(1) of the Tariff Act: (1) of its intent to revoke the countervailing 773(e)(1)(B) of the Tariff Act. Since the The cash deposit rate for Tamini will be duty order listed below. Domestic profit submitted by Tamini exceeded the rate established in the final results interested parties who object to the statutory eight percent profit, we of this administrative review; (2) for revocation of this order must submit applied the submitted profit to the cost previously reviewed or investigated their comments in writing not later than of production. companies not listed above, the cash the last day of October 1995. We made circumstance-of-sale deposit rate will continue to be the EFFECTIVE DATE: October 2, 1995. adjustments for differences in credit company-specific rate published for the FOR FURTHER INFORMATION CONTACT: expenses, direct bank charges, warranty most recent period; (3) if the exporter is Brian Albright or Cameron Cardozo, expenses, and technical service not a firm covered in this review, a prior Office of Countervailing Compliance, expenses. Since commissions were review, or the original less-than-fair- Import Administration, International granted only in the home market, we value (LTFV) investigation, but the Trade Administration, U.S. Department offset the commission adjustment by manufacturer is, the cash deposit rate of Commerce, 14th Street and adding U.S. indirect selling expenses to will be the rate established for the most Constitution Avenue, NW., Washington, the constructed value. Based on recent period for the manufacturer of DC 20230; telephone: (202) 482–2786. information contained in Tamini’s the merchandise; (4) the cash deposit SUPPLEMENTARY INFORMATION: questionnaire responses and on our rate for all other manufacturers or verification of this information, we have exporters will be 92.47 percent, which Background determined that Tamini did not report is the ‘‘new shipper’’ rate established in The Department may revoke a all of its U.S. indirect selling expenses. the first final results of review of this Therefore, we offset the full amount of countervailing duty order if the finding. See Large Power Transformers Secretary of Commerce concludes that it the commission adjustment as best from Italy: Notice of Final Results of information available. is no longer of interest to interested Administrative Review, 49 FR 31313 parties. Accordingly, as required by the Preliminary Results of Review (August 6, 1984). For a further Department’s regulations (at 19 CFR explanation of our policy concerning As a result of our comparison of USP 355.25(d)(4)), we are notifying the the cash deposit rate in this case, see to foreign market value, we public of our intent to revoke the Large Power Transformers from Italy: preliminarily determine that a countervailing duty order listed below, Notice of Final Results of weighted-average margin of zero percent for which the Department has not Administrative Review, 59 FR 48851 exists for sales of LPTs made to the received a request to conduct an (September 23, 1994). These deposit United States by Tamini during the administrative review for the most requirements, when imposed, shall period June 1, 1993 through May 31, recent four consecutive annual remain in effect until publication of the 1994. anniversary months. Parties to this proceeding may request final results of the next administrative In accordance with section disclosure within 5 days of publication review. 355.25(d)(4)(iii) of the Department’s This notice also serves as a of this notice and may request a hearing regulations, if no domestic interested preliminary reminder to importers of within 10 days of publication. Any party (as defined in sections 355.2 (i)(3), their responsibility under 19 CFR hearing, if requested, will be held 44 (i)(4), (i)(5), and (i)(6) of the regulations) 353.26 to file a certificate regarding the days after the date of publication or the objects to the Department’s intent to reimbursement of antidumping duties first business day thereafter. Case briefs revoke this order pursuant to this prior to liquidation of the relevant and/or written comments from notice, and no interested party (as entries during this review period. interested parties may be submitted not defined in section 355.2(i) of the Failure to comply with this requirement later than 30 days after the date of regulations) requests an administrative could result in the Secretary’s publication of this notice. Rebuttal review in accordance with the presumption that reimbursement of briefs and rebuttals to written Department’s notice of opportunity to antidumping duties occurred and the comments, limited to issues raised in request administrative review, we shall subsequent assessment of double those comments, may be filed not later conclude that the countervailing duty antidumping duties. order is no longer of interest to than 37 days after the date of This administrative review and notice interested parties and proceed with the publication of this notice. Service of all are in accordance with section 751(a)(1) revocation. However, if an interested briefs and written comments must be in of the Tariff Act (19 U.S.C. 1675(a)(1)) party does request an administrative accordance with 19 CFR 353.38(e). The and 19 CFR 353.22(c)(5). Department will publish the final review in accordance with the results of the administrative review, Dated: September 20, 1995. Department’s notice of opportunity to including the results of its analysis of Paul L. Joffe, request administrative review, or a any such comments or hearing. Deputy Assistant Secretary for Import domestic interested party does object to The Department shall determine, and Administration. the Department’s intent to revoke the Customs Service shall assess, [FR Doc. 95–24435 Filed 9–29–95; 8:45 am] pursuant to this notice, the Department antidumping duties on all appropriate BILLING CODE 3510±DS±P will not revoke the order. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51457
Countervailing duty order North American Free-Trade Agreement Secretary. Therefore, pursuant to (NAFTA), Article 1904 Binational Panel subrule 78(b) of the NAFTA Article Argentina: Reviews; Completion of Panel Review 1904 Panel Rules, this Notice of Leather ...... 10/02/90 Completion of Panel Review is effective (C±357±803) ...... 55 FR 40212 AGENCY: NAFTA Secretariat, United on August 22, 1995, the 31st day States Section, International Trade following the date on which the Administration, Department of Opportunity To Object Responsible Secretary issued the Notice Commerce. of Final Panel Action. Not later than the last day of October ACTION: Notice of completion of panel Dated: September 26, 1995. 1995, domestic interested parties may review. James R. Holbein, object to the Department’s intent to SUMMARY: On August 22, 1995, the United States Secretary, NAFTA Secretariat. revoke this countervailing duty order. Binational Panel review of the final Any submission objecting to the [FR Doc. 95–24410 Filed 9–29–95; 8:45 am] determination respecting Certain BILLING CODE 3510±GT±M revocation must contain the name and Corrosion Resistant Steel Sheet case number of the order and a Products, Originating in or Exported statement that explains how the from the United States of America, North American Free Trade Agreement objecting party qualifies as a domestic Secretariat File No. CDA–94–1904–04 (NAFTA), Article 1904 Binational Panel interested party under sections 355.2 was completed. Reviews: Notice of Completion of (i)(3), (i)(4), (i)(5), or (i)(6) of the FOR FURTHER INFORMATION CONTACT: Panel Review Department’s regulations. James R. Holbein, United States Seven copies of any such objections Secretary, NAFTA Secretariat, Suite AGENCY: NAFTA Secretariat, United should be submitted to the Assistant 2061, 14th and Constitution Avenue, States Section, International Trade Secretary for Import Administration, Washington, D.C. 20230, (202) 482– Administration, Department of Commerce. International Trade Administration, 5438. Room B–099, U.S. Department of SUPPLEMENTARY INFORMATION: Chapter ACTION: Notice of completion of panel Commerce, 14th Street and Constitution 19 of the North American Free-Trade review. Ave., NW., Washington, DC 20230. Agreement (‘‘Agreement’’) establishes a mechanism to replace domestic judicial SUMMARY: On September 12, 1995 the This notice is in accordance with 19 review of final determinations in Binational Panel Review of the final CFR 355.25(d)(4)(i). antidumping and countervailing duty affirmative injury determination made Dated: September 28, 1995. cases involving imports from a NAFTA by the Canadian International Trade Joseph A. Spetrini, country with review by independent Tribunal, respecting Synthetic Bailer binational panels. When a Request for Twine with a Knot Strength of 200 lbs Deputy Assistant Secretary for Compliance. Panel Review is filed, a panel is or Less, Originating in or Exported from [FR Doc. 95–24525 Filed 9–29–95; 8:45 am] established to act in place of national the United States, Secretariat File No. BILLING CODE 3510±DS±P courts to review expeditiously the final CDA–94–1904–02 was completed. determination to determine whether it FOR FURTHER INFORMATION CONTACT: conforms with the antidumping or James R. Holbein, United States President's Export Council: Meeting of countervailing duty law of the country the Subcommittee on the Americas Secretary, NAFTA Secretariat, Suite that made the determination. 2061, 14th and Constitution Avenue, Under Article 1904 of the Agreement, Washington, DC 20230, (202) 482–5438. AGENCY: International Trade which came into force on January 1, Administration, U.S. Department of 1994, the Government of the United SUPPLEMENTARY INFORMATION: Chapter Commerce. States, the Government of Canada and 19 of the North American Free-Trade Agreement (‘‘Agreement’’) establishes a ACTION: the Government of Mexico established Cancellation of an open mechanism to replace domestic judicial meeting. Rules of Procedure for Article 1904 Binational Panel Reviews (‘‘Rules’’). review of final determinations in These Rules were published in the antidumping and countervailing duty SUMMARY: The President’s Export Federal Register on February 23, 1994 cases involving imports from a NAFTA Council Subcommittee on the Americas (59 FR 8686). The Panel review in this country with review by independent open meeting that was scheduled for matter was conducted in accordance binational panels. When a Request for Friday, September 29 from 9:00 a.m.– with these rules. Panel Review is filed, a panel is 1:30 p.m. (60 FR 47736, September 14, established to act in place of national 1995) has been cancelled. The meeting Completion courts to review expeditiously the final has not been rescheduled. On July 10, 1995, the Binational Panel determination to determine whether it conforms with the antidumping or FOR FURTHER INFORMATION CONTACT: affirmed the Investigating Authority’s countervailing duty law of the country Chad Hoseth, President’s Export determination respecting Certain Corrosion Resistant Steel Sheet that made the determination. Council, Room 2015B, Washington, D.C. Products, Originating in or Exported Under Article 1904 of the Agreement, 20230. from the United States of America. The which came into force on January 1, Dated: September 26, 1995. Secretariat was instructed to issue a 1994, the Government of the United Sylvia Lino Prosak, Notice of Completion of Panel Review States, the Government of Canada and Acting Staff Director and Executive Secretary, on the 31st day following the issuance the Government of Mexico established President’s Export Council. of the Notice of Final Panel Action, if Rules of Procedure for Article 1904 [FR Doc. 95–24353 Filed 9–29–95; 8:45 am] no Request for an Extraordinary Binational Panel Reviews (‘‘Rules’’). Challenge was filed. No Request for an These Rules were published in the BILLING CODE 3510±DR±P Extraordinary Challenge Committee has Federal Register on February 23, 1994 been filed with the Responsible (59 FR 8686). The Panel review in this 51458 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices matter was conducted in accordance In the letter published below, the Adjustment of Import Limits for Certain with these rules. Chairman of CITA directs the Wool Textile Products Produced or Commissioner of Customs to cancel the Completion Manufactured in Taiwan limit established for the period April 24, On July 31, 1995, the Binational Panel 1995 through April 23, 1996 for September 26, 1995. issued an order which affirmed the Category 670–L and May 31, 1995 AGENCY: Committee for the Redetermination of the Canadian through December 31, 1995 for Category Implementation of Textile Agreements International Trade Tribunal (‘‘CITT’’) 444. Category 444 shall remain subject (CITA). concerning Synthetic Baler Twine with to the 1995 Group II limit. ACTION: Issuing a directive to the a Knot Strength of 200 lbs or Less, A description of the textile and Commissioner of Customs adjusting Originating in or Exported from the apparel categories in terms of HTS limits. United States. The Secretariat was numbers is available in the EFFECTIVE DATE: September 26, 1995. instructed to issue a Notice of CORRELATION: Textile and Apparel Completion of Panel Review on the 31st Categories with the Harmonized Tariff FOR FURTHER INFORMATION CONTACT: day following the issuance of the Notice Schedule of the United States (see Jennifer Aldrich, International Trade of Final Panel Action, if no Request for Federal Register notice 59 FR 65531, Specialist, Office of Textiles and an Extraordinary Challenge was filed. published on December 20, 1994). Also Apparel, U.S. Department of Commerce, No such request was filed. Therefore, on see 60 FR 37628, published on July 21, (202) 482–4212. For information on the the basis of the Panel Order and Rule 80 1995; and 60 FR 44316, published on quota status of these limits, refer to the of the Article 1904 Panel Rules, the August 25, 1995. Quota Status Reports posted on the Panel Review was completed and the D. Michael Hutchinson, bulletin boards of each Customs port or panelists discharged from their duties call (202) 927–6719. For information on effective September 12, 1995. Acting Chairman, Committee for the Implementation of Textile Agreements. embargoes and quota re-openings, call Dated: September 26, 1995. (202) 482–3715. James R. Holbein, SUPPLEMENTARY INFORMATION: United States Secretary, NAFTA Secretariat. Committee for the Implementation of Textile Authority: Executive Order 11651 of March [FR Doc. 95–24411 Filed 9–29–95; 8:45 am] Agreements 3, 1972, as amended; section 204 of the BILLING CODE 3510±GT±M September 27, 1995. Agricultural Act of 1956, as amended (7 U.S.C. 1854). Commissioner of Customs, Department of the Treasury, Washington, DC The current limits for certain COMMITTEE FOR THE 20229. categories are being adjusted, variously, IMPLEMENTATION OF TEXTILE Dear Commissioner: This directive cancels for special shift and carryover. AGREEMENTS and supersedes the directives issued to you A description of the textile and on July 14, 1995 and August 22, 1995, by the apparel categories in terms of HTS Recision of Requests to Consult and Chairman, Committee for the Implementation numbers is available in the of Textile Agreements. Those directives CORRELATION: Textile and Apparel Cancellation of Limits on Certain Wool concern imports of textile products in and Man-Made Fiber Textile Products Categories 670–L 1 and 444, produced or Categories with the Harmonized Tariff Produced or Manufactured in the manufactured in the Philippines and Schedule of the United States (see Philippines exported during the periods which began on Federal Register notice 59 FR 65531, April 24, 1995 and extends through April 23, published on December 20, 1994). Also September 27, 1995. 1996 (Category 670–L) and May 31, 1995 see 59 FR 66297, published on AGENCY: Committee for the through December 31, 1995 (Category 444). December 23, 1994. Implementation of Textile Agreements All import charges for Category 444 shall be The letter to the Commissioner of (CITA). retained. Customs and the actions taken pursuant ACTION: Announcing the recision of Effective on October 2, 1995, you are to it are not designed to implement all requests to consult and issuing a directed to cancel the limit established for of the provisions of the bilateral Category 670–L (April 24, 1995 through April directive to the Commissioner of 26, 1996) and Category 444 (May 31, 1995 agreement, but are designed to assist Customs cancelling limits. through December 31, 1995). Category 444 only in the implementation of certain of shall remain subject to the Group II limit its provisions. EFFECTIVE DATE: October 2, 1995. established in the directive dated March 30, D. Michael Hutchinson, FOR FURTHER INFORMATION CONTACT: 1995 for the period beginning on January 1, Acting Chairman, Committee for the Janet Heinzen, International Trade 1995 and extending through December 31, Implementation of Textile Agreements. Specialist, Office of Textiles and 1995. The Committee for the Implementation of Committee for the Implementation of Textile Apparel, U.S. Department of Commerce, Agreements (202) 482–4212. Textile Agreements has determined that these actions fall within the foreign affairs September 26, 1995. SUPPLEMENTARY INFORMATION: exception to the rulemaking provisions of 5 Commissioner of Customs, Authority: Executive Order 11651 of March U.S.C.553(a)(1). Department of the Treasury, Washington, DC 3, 1972, as amended; section 204 of the Sincerely, 20229. Agricultural Act of 1956, as amended (7 D. Michael Hutchinson, Dear Commissioner: This directive U.S.C. 1854). amends, but does not cancel, the directive Acting Chairman, Committee for the issued to you on December 19, 1994, by the The United States Government has Implementation of Textile Agreements. decided to rescind the requests made on Chairman, Committee for the Implementation [FR Doc.95–24463 Filed 9–29–95; 8:45 am] of Textile Agreements. That directive April 24, 1995 and May 31, 1995 to BILLING CODE 3510±DR±F concerns imports of certain cotton, wool, consult on imports from the Philippines man-made fiber, silk blend and other of man-made fiber luggage in Category 1 Category 670–L: only HTS numbers vegetable fiber textiles and textile products, 670–L and women’s and girls’ wool 4202.12.8030, 4202.12.8070, 4202.92.3020, produced or manufactured in Taiwan and suits in Category 444, respectively. 4202.92.3030 and 4202.92.9025. exported during the twelve-month period Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51459 which began on January 1, 1995 and extends A description of the textile and Information and Regulatory Affairs, through December 31, 1995. apparel categories in terms of HTS Attention: Wendy Taylor, Desk Officer, Effective on September 26, 1995, you are numbers is available in the Department of Education, Office of directed to amend further the December 19, CORRELATION: Textile and Apparel Management and Budget, 725 17th 1994 directive to adjust the limits for the following categories, as provided under the Categories with the Harmonized Tariff Street, NW., Room 10235, New terms of the current bilateral textile Schedule of the United States (see Executive Office Building, Washington, agreement concerning textile products from Federal Register notice 59 FR 65531, DC 20503. Requests for copies of the Taiwan: published on December 20, 1994). Also proposed information collection see 60 FR 37428, published on July 20, requests should be addressed to Patrick Category Twelve-month limit 1 1995. J. Sherrill, Department of Education, 600 D. Michael Hutchinson, Independence Avenue SW., Room 5624, Sublevels in Group II Acting Chairman, Committee for the Regional Office Building 3, Washington, 435 ...... 25,492 dozen. Implementation of Textile Agreements. DC 20202–4651. 442 ...... 43,653 dozen. 444 ...... 66,053 numbers. FOR FURTHER INFORMATION CONTACT: Patrick J. Sherrill, (202) 708–8196. 1 The limits have not been adjusted to ac- Committee for the Implementation of Textile Individuals who use a count for any imports exported after December Agreements telecommunications device for the deaf 31, 1994. September 26, 1995. (TDD) may call the Federal Information The Committee for the Implementation of Commissioner of Customs, Relay Service (FIRS) at 1–800–877–8339 Textile Agreements has determined that Department of the Treasury, Washington, DC between 8 a.m. and 8 p.m., Eastern time, these actions fall within the foreign affairs 20229. Monday through Friday. exception to the rulemaking provisions of 5 U.S.C. 553(a)(1). Dear Commissioner: This directive cancels SUPPLEMENTARY INFORMATION: Section Sincerely, and supersedes the directive issued to you on 3507 of the Paperwork Reduction Act of July 14, 1995, by the Chairman, Committee 1995 (44 U.S.C. Chapter 35) requires D. Michael Hutchinson, for the Implementation of Textile Acting Chairman, Committee for the Agreements. That directive concerns imports that the Office of Management and Implementation of Textile Agreements. of man-made fiber textile products in Budget (OMB) provide interested [FR Doc. 95–24423 Filed 9–29–95; 8:45 am] Categories 603 and 670–L 1, produced or Federal agencies and the public an early manufactured in Thailand and exported opportunity to comment on information BILLING CODE 3510±DR±F during the period which began on April 27, collection requests. OMB may amend or 1995 and extends through April 26, 1996. waive the requirement for public Effective on October 2, 1995, you are Recision of a Request to Consult and consultation to the extent that public directed to cancel the limits established for participation in the approval process Cancellation of Limits on Certain Man- Categories 603 and 670–L for the period Made Fiber Textile Products Produced April 27, 1995 through April 26, 1996. would defeat the purpose of the or Manufactured in Thailand The Committee for the Implementation of information collection, violate State or Textile Agreements has determined that this Federal law, or substantially interfere September 26, 1995. action falls within the foreign affairs with any agency’s ability to perform its AGENCY: Committee for the exception to the rulemaking provisions of 5 statutory obligations. The Director of the Implementation of Textile Agreements U.S.C.553(a)(1). Information Resources Group publishes (CITA). Sincerely, this notice containing proposed ACTION: Announcing the recision of a D. Michael Hutchinson, information collection requests prior to request to consult and issuing a Acting Chairman, Committee for the submission of these requests to OMB. directive to the Commissioner of Implementation of Textile Agreements. Each proposed information collection, Customs cancelling limits. [FR Doc.95–24416 Filed 9–29–95; 8:45 am] grouped by office, contains the BILLING CODE 3510±DR±F following: (1) Type of review requested, EFFECTIVE DATE: October 2, 1995. e.g., new, revision, extension, existing FOR FURTHER INFORMATION CONTACT: Ross or reinstatement; (2) Title; (3) Summary Arnold, International Trade Specialist, DEPARTMENT OF EDUCATION of the collection: (4) Description of the Office of Textiles and Apparel, U.S. need for, and proposed use of, the Department of Commerce, (202) 482– Notice of Proposed Information information; (5) Respondents and 4212. Collection Requests frequency of collection; and (6) Reporting and/or Recordkeeping AGENCY: Department of Education. SUPPLEMENTARY INFORMATION: burden. OMB invites public comment at Authority: Executive Order 11651 of March ACTION: Notice of proposed information the address specified above. Copies of 3, 1972, as amended; section 204 of the collection requests. the requests are available from Patrick J. Agricultural Act of 1956, as amended (7 Sherrill at the address specified above. U.S.C. 1854). SUMMARY: The Director, Information Resources Group, invites comments on Dated: September 26, 1995. The United States Government has the proposed information collection Gloria Parker, decided to rescind the request made on requests as required by the Paperwork Director, Information Resources Group. April 27, 1995 to consult on imports of Reduction Act of 1995. spun yarn in Category 603 and man- DATES: Interested persons are invited to Office of Postsecondary Education made fiber luggage in Category 670–L submit comments on or before Type of Review: Revision. from Thailand. November 1, 1995. Title: Program for North American In the letter published below, the ADDRESSES: Written comments should Mobility in Higher Education (A Special Chairman of CITA directs the be addressed to the Office of Focus Competition of FIPSE.) Commissioner of Customs to cancel the Frequency: Annually. limits established for Categories 603 and 1 Category 670–L: only HTS numbers Affected Public: Not for Profit 670–L for the period April 27, 1995 4202.12.8030, 4202.12.8070, 4202.92.3020, institutions. through April 26, 1996. 4202.92.3030 and 4202.92.9025. Reporting Burden: 51460 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
Responses: 300. comment on information collection agency operations, make payments to Burden Hours: 6,000. requests. The Office of Management and agencies as authorized by law, and to Recordkeeping Burden: Budget (OMB) may amend or waive the make reports to Congress. Recordkeepers: 0. requirement for public consultation to [FR Doc. 95–24389 Filed 9–29–95; 8:45 am] Burden Hours: 0. the extent that public participation in Abstract: The Program for North the approval process would defeat the BILLING CODE 4000±01±M American Mobility in Higher Education purpose of the information collection, supports institutional cooperation and violate State or Federal law, or Notice of Availability student exchange among the countries substantially interfere with any agency’s of the U.S., Mexico and Canada. ability to perform its statutory SUMMARY: The Assistant Secretary for Funding supports the participation of obligations. The Director of the Civil Rights announces the availability U.S. institutions and students in Information Resources Group, publishes of a draft document entitled trilateral consortia of institutions of this notice containing proposed ‘‘Clarification of Intercollegiate higher education. Funding will be information collection requests at the Athletics Policy Guidance: The Three multi-year, with projects lasting up to 3 beginning of the Departmental review of Part Test’’ (Clarification). years. the information collection. Each The Clarification provides Additional Information: Clearance for proposed information collection, educational institutions with specific this information collection is requested grouped by office, contains the information, including examples, about for September 29, 1995. An expedited following: (1) Type of review requested, the standards used by the Office for review is requested so that the minor e.g., new, revision, extension, existing Civil Rights when determining whether changes, requested by our international or reinstatement; (2) Title; (3) Summary an educational institution is in partners, in this previously approved of the collection; (4) Description of the compliance with the requirement that collection can be made and the need for, and proposed use of, the an institution provide application process can begin. information; (5) Respondents and nondiscriminatory athletic participation [FR Doc. 95–24390 Filed 9–29–95; 8:45 am] frequency of collection; and (6) opportunities to male and female BILLING CODE 4000±01±M Reporting and/or Recordkeeping students. burden. ED invites public comment at DATES: Comments on the draft the address specified above. Copies of Clarification must be received on or Notice of Proposed Information the requests are available from Patrick J. before October 20, 1995. Collection Requests Sherrill at the address specified above. The Department of Education is ADDRESSES: All comments concerning AGENCY: Department of Education. especially interested in public comment and all requests for copies of the draft ACTION: Notice of proposed information addressing the following issues: (1) Is Clarification should be addressed to collection requests. this collection necessary to the proper Jeanette J. Lim, U.S. Department of functions of the Department, (2) will Education, 600 Independence Avenue, SUMMARY: The Director, Information this information be processed and used S.W., Room 5036 Switzer Building, Resources Group, invites comments on in a timely manner, (3) is the estimate Washington, D.C. 20202–1174. the proposed information collection of burden accurate, (4) how might the Telephone: (202) 205–8635. Individuals requests as required by the Paperwork Department enhance the quality, utility, who use a telecommunications device Reduction Act of 1995. and clarity of the information to be for the deaf (TDD) may call the TDD DATES: Interested persons are invited to collected, and (5) how might the number at (202) 205–9683 or 1–800– submit comments on or before Department minimize the burden of this 421–3481. December 1, 1995. collection on the respondents, including FOR FURTHER INFORMATION CONTACT: ADDRESSES: Written comments and through the use of information Jeanette J. Lim. Telephone: (202) 205– requests for copies of the proposed technology. 8635. Individuals who use a information collection requests should Dated: September 26, 1995. telecommunications device for the deaf be addressed to Patrick J. Sherrill, (TDD) may call the TDD number at (202) Gloria Parker, Department of Education, 600 205–9683 or 1–800–421–3481. Director, Information Resources Group. Independence Avenue, S.W., Room SUPPLEMENTARY INFORMATION: The 5624, Regional Office Building 3, Office of Postsecondary Education purpose of the Clarification is to clarify Washington, DC 20202–4651, or should Type of Review: Extension. how institutions can meet the three-part be electronic mailed to the internet Title: Guaranty Agency Quarterly/ test regarding nondiscriminatory address #[email protected], or should be Annual Report. participation opportunities contained in faxed to 202–708–9346. Frequency: Quarterly, Semiannually. the Intercollegiate Athletics Policy FOR FURTHER INFORMATION CONTACT: Affected Public: Business or other for- Interpretation, published in the Federal Patrick J. Sherrill (202) 708–8196. profit. Register on December 11, 1979 (44 FR Individuals who use a Reporting Burden: 71413). The standards contained in the telecommunications device for the deaf Responses: 270. Policy Interpretation have guided the (TDD) may call the Federal Information Burden Hours: 4,293. enforcement of Title IX of the Education Relay Service (FIRS) at 1–800–877–8339 Recordkeeping Burden: Amendments of 1972, 20 U.S.C. 1681 et between 8 a.m. and 8 p.m., Eastern time, Recordkeepers: 0. seq. (Title IX), and its implementing Monday through Friday. Burden Hours: 0. regulations, 34 CFR Part 106 (1973), in SUPPLEMENTARY INFORMATION: Section Abstract: The Guaranty Agency/ the area of intercollegiate athletics since 3506 of the Paperwork Reduction Act of Quarterly Annual Report is submitted 1979. 1995 (44 U.S.C. Chapter 35) requires by 55 agencies operating student loan The Department is accepting public that the Department of Education (ED) Insurance Program under agreement comment on whether the draft provide interested Federal agencies and with the Department of Education. Clarification provides adequate clarity the public an early opportunity to These reports are used to evaluate in areas that have generated questions. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51461
Dated: September 27, 1995. President of the National Safety Federal Energy Regulatory Norma V. Cantu´ , Council. Members were chosen with Commission Assistant Secretary for Civil Rights. environment, safety, and health [Docket No. ER92±766±004, et al.] [FR Doc. 95–24391 Filed 9–29–95; 8:45 am] backgrounds, balanced to represent BILLING CODE 4000±01±P different public, Federal, State, Tribal, Northeast Utilities Service Company, et regulatory, and industry interests and al. Electric Rate and Corporate experience. Regulation Filings DEPARTMENT OF ENERGY Purpose of the Meeting: The September 22, 1995. Committee will focus primarily on the Advisory Committee on External Take notice that the following filings discussion of regulatory options. Regulation of Department of Energy have been made with the Commission: Tentative Agenda: In addition to Nuclear Safety 1. Northeast Utilities Service Company conducting deliberations related to its AGENCY: Department of Energy. charter, the Committee will focus on the Docket No. ER92–766–004 ACTION: Notice of open meeting. development of its recommendations for Take notice that on August 31, 1995, inclusion in its final report. A final Northeast Utilities Company (NU) SUMMARY: Pursuant to the provisions of tendered for filing a Notice of the Federal Advisory Committee Act agenda will be available at the meeting. Termination of NU’s Transmission (Pub. L. 92–463, 86 Stat. 770), notice is The agenda will provide an opportunity Service Tariff No. 4. hereby given of the seventh meeting of for public comments starting at 7:30 pm Comment date: October 6, 1995, in the Advisory Committee on External on October 16, 1995, at the Hyatt accordance with Standard Paragraph E Regulation of Department of Energy Regency Woodfield, Regency Ballroom at the end of this notice. Nuclear Safety. (lobby level). DATE AND TIMES: The Committee session Public Participation: The meeting is 2. PowerNet Corporation will be held at the Hyatt Regency open to the public. Members of the [Docket No. ER94–931–005] Woodfield in Schaumburg, Illinois. The public are welcome to make oral Take notice that on September 6, session will begin on Monday, October statements during the public comment 1995, PowerNet Corporation (PowerNet) 16, 1995, at 10:00 am and adjourn at period. Every effort will be made to hear filed certain information as required by 6:00 pm. The Committee will reconvene all those wishing to speak. Those who the Commission’s April 22, 1994, order on Monday for a public comment wish to do so may pre-register by in Docket No. ER94–931–000. Copies of session beginning at 7:30 pm. The contacting Glenda Oakley at (301) 924– PowerNet’s informational filing are on Committee session will continue at the 6169. Individuals may also register on file with he Commission and are same location on Tuesday, October 17, October 16, 1995, at the meeting site. available for public inspection. beginning at 8:00 am and adjourning at Written comments are welcome and 3. Iowa-Illinois Gas and Electric 5:00 pm. should be mailed to Thomas H. Isaacs, Company ADDRESSES: Hyatt Regency Woodfield, Executive Director, Advisory Committee Regency Ballroom, 1800 East Golf Road, on External Regulation of Department of [Docket No. ER95–490–000] Schaumburg, Illinois 60173. Energy Nuclear Safety, 1726 M Street, Take notice that MidAmerican Energy FOR FURTHER INFORMATION CONTACT: NW, Suite 401, Washington, DC 20036. Company (MidAmerican), One River Thomas H. Isaacs, Executive Director, The Committee Co-Chairs are Center Place 106 East Second Street, Advisory Committee on External empowered to conduct the meeting in a P.O. Box 4350, Davenport, Iowa 52808, Regulation of Department of Energy fashion that will facilitate the orderly as successor in interest by merger to Nuclear Safety, 1726 M Street NW., conduct of business. Iowa-Illinois Gas and Electric Company Suite 401, Washington, DC 20036, (202) (Iowa-Illinois) on September 8, 1935, Transcripts and Minutes: A meeting 254–3826. tendered for filing, pursuant to Section transcript and minutes will be available SUPPLEMENTARY INFORMATION: The 205 of the Federal Power Act and purpose of the Committee is to provide for public review and copying four to Sections 2.25, 35.13 and 35.23 of the the Secretary of Energy, the White six weeks after the meeting at the DOE Commission’s Rules and Regulations, an House Council on Environmental Freedom of Information Public Reading amended abbreviated filing consisting Quality, and the Office of Management Room, 1E–1990, Forrestal Building, allowances in coordination rates as and Budget with advice, information, 1000 Independence Avenue, SW, authorized by the Commission’s Policy and recommendations on how new and Washington, DC 20585 between 9:00 am statement and Interim Rule issued on existing Department of Energy (DOE) and 4:00 pm, Monday through Friday, December 15, 1994 in Docket No. PL95– nuclear facilities and operations, except except Federal holidays. The transcript 1–000. those operations covered under will also be made available at the MidAmerican states that it is Executive Order 12344 (Naval Department’s Field Office Reading submitting this amended filing for the Propulsion Program), might best be Room locations. purpose of conforming the recovery regulated with regard to safety. The Issued at Washington, DC on September mechanism previously filed by Iowa- Department currently self-regulates 25, 1995. Illinois in this proceeding to the many aspects of nuclear safety, pursuant recovery mechanism accepted for filing to the Atomic Energy Act of 1954, as Rachel M. Samuel, in Docket ER95–486–001 for amended. The Committee consists of Acting Deputy Advisory Committee MidAmerican’s other predecessor by members drawn from Federal and State Management Officer. merger, Midwest Power Systems, Inc. government and the private sector, and [FR Doc. 95–24484 Filed 9–29–95; 8:45 am] MidAmerican states that the revised is co-chaired by John F. Ahearne, BILLING CODE 6450±01±P recovery mechanism will provide Lecturer in Public Policy, Duke consistency in the application of the University, and Director, The Sigma Xi mechanism in all of MidAmerican’s Center, and Gerard F. Scannell, coordination rates. 51462 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
MidAmerican states that this rate Copies of the filing have been served 10. Cogentrix Energy Power Marketing, schedule change applies to various on the parties included in the filing Inc. coordination agreements entered into by letter. [Docket No. ER95–1739–000] Iowa-Illinois with Commonwealth PGE respectfully requests that the Edison Company, Illinois Power Take notice that on September 11, Commission grant waiver of the notice 1995, Cogentrix Energy Power Company, Union Electric Company, requirements to allow Revision No. 4 to City of Geneseo (Illinois), Illinois Marketing, Inc. (CEPM), a North Exhibit C of the General Transfer Carolina corporation, petitioned the Municipal Electric Agency, Wisconsin Agreement for Integration of Resources Power & Light Company, Waverly Commission for acceptance of CEPM’s to become effective as of August 1, 1995. Rate Schedule FERC No. 1, providing Municipal Electric Utility, City of Comment date: October 6, 1995, in Tipton (Iowa), City of Pella (Iowa), for the sale of electricity at market-based accordance with Standard Paragraph E rates; the granting of certain blanket Eldrige Electric and Water Utility Board at the end of this notice. and the members of the Mid-Continent approvals; and the waiver of certain Area Power Pool. 7. Consolidated Edison Company of Commission regulations. CEPM is a Comment date: October 6, 1995, in New York, Inc. wholly-owned indirect subsidiary of Cogentrix Energy, Inc., a developer, accordance with Standard Paragraph E Docket No. ER95–1694–000 at the end of this notice. owner, and operator of Independent Take notice that on September 5, power facilities. 4. Entergy Power Inc. 1995, Consolidated Edison Company of Comment date: October 6, 1995, in [Docket No. ER95–1336–000] New York, Inc. (Con Edison) tendered accordance with Standard Paragraph E Take notice that Entergy Power, Inc. for filing a Supplement to its Rate at the end of this notice. Schedule, Con Edison Rate Schedule (EPI) on September 11, 1995, tendered 11. Equitable Power Services Company for filing Amendment to an Interchange FERC No. 2, a facilities agreement with Agreement with East Texas Electric Central Hudson Gas and Electric [Docket No. ER95–1740–000] Cooperative, Inc. Corporation (CH). The Supplement Take notice that on September 12, EPI requests an effective date for the provides for a decrease in the monthly 1995, Equitable Power Service Company Amendment that is one (1) day after the carrying charges. Con Edison has (EPSC), tendered for filing a letter from date of filing of the Interchange requested that this decrease take effect the Executive Committee of the Western Agreement, and respectfully requests as of August 1, 1995. Systems Power Pool (WSPP) indicating waiver of the notice requirements Con Edison states that a copy of this that EPSC had completed all the steps specified in Section 35.11 of the filing has been served by mail upon CH. for pool membership. EPSC requests Commission’s regulations. Comment date: October 6, 1995, in that the Commission amend the WSPP Comment date: October 6, 1995, in accordance with Standard Paragraph E Agreement to include it as a member. accordance with Standard Paragraph E at the end of this notice. EPSC requests an effective date of at the end of this notice. September 13, 1995 for the proposed 8. Central Illinois Public Service amendment. Accordingly, EPSC 5. Central Illinois Public Service Company requests waiver of the Commission’s Company [Docket No. ER95–1736–000] notice of requirements for good cause [Docket No. ER95–1350–000] Take notice that on September 12, shown. Take notice that on September 5, 1995 1995, Central Illinois Public Service Copies of the filing were served upon Central Illinois Public Service Company Company (CIPS) submitted a Service the WSPP Executive Committee. Comment date: October 6, 1995, in tendered for filing an amendment in the Agreement, dated September 1, 1995, accordance with Standard Paragraph E above-referenced docket. establishing Engelhard Power at the end of this notice. Comment date: October 6, 1995, in Marketing, Inc. (Engelhard) as a accordance with Standard Paragraph E customer under the terms of CIPS’ 12. Entergy Services, Inc. at the end of this notice. Coordination Sales Tariff CST–1 (CST– [Docket No. ER95–1741–000] 6. Portland General Electric Company 1 Tariff). Take notice that on September 12, [Docket No. ER95–1692–000] CIPS requests an effective date of 1995, Entergy Services, Inc. (ESI), acting September 1, 1995, for the service Take notice that Portland General as agent for Arkansas Power & Light agreement with Engelhard. Accordingly, Electric Company (PGE) on September Company (AP&L), Gulf States Utilities CIPS requests waiver of the 5, 1995, tendered for filing a Revision Company (GSU), Louisiana Power & Commission’s notice requirements. No. 4 to Exhibit C of the General Light Company (LP&L), Mississippi Copies of this filing were served upon Transfer Agreement for Integration of Power & Light Company (MP&L), New Engelhard and the Illinois Commerce Resources between the Bonneville Orleans Public Service Inc. (NOPSI) Commission. Power Administration and PGE, (collectively the Entergy Operating Contract No. DE-MS79–89BP92273, Comment date: October 6, 1995, in Companies) tendered for filing an (Portland General Electric Rate accordance with Standard Paragraph E Interchange Agreement between Byng Schedule FERC No. 185). at the end of this notice. Public Works Authority and the Entergy The BPA and PGE mutually agreed to 9. Maine Public Service Company Operating Companies, pursuant to revise Exhibit C to the General Transfer which the Parties propose to provide Agreement for Integration of Resources [Docket No. ER95–1737–000] each other with mutual support to accommodate service the Eugene Take notice that on September 12, services, including General Purpose Water and Electric Board under PGE’s 1995, Maine Public Service Company Energy. Entergy Services requests an FERC Electric Tariff, 1st Revised submitted an agreement under its effective date of no later than November Volume No. 2 at the Alvey Substation Umbrella Power Sales tariff. 10, 1995. and revise the Use-of-Facility Charge for Comment date: October 6, 1995, in Comment date: October 6, 1995, in the Forest Grove Substation Point of accordance with Standard Paragraph E accordance with Standard Paragraph E Delivery. at the end of this notice. at the end of this notice. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51463
13. Minnesota Power & Light Company with Rules 211 and 214 of the 3. Wisconsin Public Service [Docket No. ER95–1651–000] Commission’s Rules of Practice and Corporation Procedure (18 CFR 385.211 and 18 CFR Take notice that on August 28, 1995, [Docket No. ER95–1732–000] 385.214). All such motions or protests Minnesota Power & Light Company should be filed on or before the Take notice that on September 11, tendered for filing signed Service comment date. Protests will be 1995, Wisconsin Public Service Agreements with Citizens Lehman considered by the Commission in Corporation (WPSC), tendered for filing Power Sales, ENRON Power Marketing determining the appropriate action to be executed Transmission Service Inc., Grand River Dam Authority, taken, but will not serve to make Agreements between WPSC and Howard InterCoast Power Marketing, and Utility protestants parties to the proceeding. Energy Company, Inc., LG&E Power 2000 Energy Corporation, under its Any person wishing to become a party Marketing, Inc., MidCon Power Services Wholesale Coordination Sales Tariff to must file a motion to intervene. Copies Corp., and Nor Am Energy Services, Inc. satisfy its filing requirements under this of this filing are on file with the The Agreements provide for tariff. Commission and are available for public transmission service under T–1 Comment date: October 6, 1995, in inspection. Transmission Tariff, FERC Original accordance with Standard Paragraph E Volume No. 4. at the end of this notice. Lois D. Cashell, WPSC asks that the agreement become Secretary. effective retroactively to the date of 14. Jersey Central Power & Light [FR Doc. 95–24459 Filed 9–29–95; 8:45 am] execution by WPSC. Company, Metropolitan Edison BILLING CODE 6717±01±P Comment date: October 6, 1995, in Company, and Pennsylvania Electric accordance with Standard Paragraph E Company at the end of this notice. [Docket No. ER95–1693–000] [Docket No. ER95±1711±000, et al.] 4. Northern States Power Company Take notice that on September 5, (Wisconsin) 1995, GPU Service Corporation (GPU), Pacific Gas & Electric Company, et al.; on behalf of Jersey Central Power & Electric Rate and Corporate Regulation [Docket No. ER95–1733–000] Light Company, (jointly refereed to as Filings Take notice that on September 11, the ‘‘GPU Operating Companies’’), filed 1995, Northern States Power Company, an executed Service Agreement between September 21, 1995. Eau Claire, Wisconsin (NSPW), tendered GPU and Phibro Inc. (PHI), dated Take notice that the following filings for filing the following document: August 23, 1995. This Service have been made with the Commission: A Power and Energy Supply Agreement by Agreement specifies that PHI has agreed 1. Pacific Gas and Electric Company and between the City of Barron, Wisconsin, to the rates, terms and conditions of the and NSPW dated August 30, 1995. The City GPU Operating Companies’ Operating [Docket No. ER95–1711–000] currently purchases power and energy from Capacity and/or Energy Sales Tariff Take notice that on September 7, NSPW under a power sales agreement dated (‘‘Sales Tariff’’) designated as FERC June 9, 1992, as amended on August 31, 1995, Pacific Gas and Electric Company 1992, and October 29, 1992. The 1992 Electric Tariff, Original Volume No. 1. (PG&E), tendered for filing an Amended The sales Tariff was accepted by the agreement as amended is superseded by the Letter Agreement (the Amendment) to 1995 agreement. NSPW submitted a Commission by letter order issued on the Power Sale Agreement between Certificate of Concurrence on behalf of the February 10, 1995 in Jersey Central PG&E and the Sacramento Municipal City of Barron. Power & Light Co., Metropolitan Edison Utility District (SMUD). The NSPW requests an effective date of Co. and Pennsylvania Electric Co., Amendment would add a flexible [Docket No. ER95–276–000 and allows October 1, 1995. NSPW states that under energy pricing alternative to the present this new agreement, the City of Barron GPU and PHI to enter into separately formula rate for PG&E’s sales of firm scheduled transactions under which the will be entitled to discounts from power to SMUD. The capacity price will NSPW’s currently effective W–1 rate GPU Operating Companies will make not change. available for sale, surplus operating and that such discounts are being capacity and/or energy at negotiated Copies of this filing have been served offered to all of its wholesale electric rates that are no higher than the GPU upon SMUD and the California Public customers. The agreement contains a Operating Companies’ cost of service. Utilities Commission. provision allowing the customer to GPU requests a waiver of the Comment date: October 6, 1995, in obtain a negotiated rate upon two years Commission’s notice requirements for accordance with Standard Paragraph E prior notice. good cause shown and an effective date at the end of this notice. A copy of the filing was served upon of August 23, 1995 for the Service the City of Barron and the State of 2. Wisconsin Public Service Agreement. Wisconsin Public Service Commission. GPU has served copies of the filing on Corporation Comment date: October 6, 1995, in regulatory agencies in New Jersey and [Docket No. ER95–1721–000] accordance with Standard Paragraph E Pennsylvania. at the end of this notice. Take notice that on September 13, Comment date: October 6, 1995, in 5. Maine Public Service Company accordance with Standard Paragraph E 1995, Wisconsin Public Service at the end of this notice. Corporation tendered for filing executed [Docket No. ER95–1734–000] service agreements with Howard Energy Take notice that on Sptember 12, Standard Paragraph Company, Inc., LG&E Power Marketing, 1995, Maine Public Service Company E. Any person desiring to be heard or Inc., MidCon Power Services Corp., and (Maine Public) filed and executed to protest said filing should file a NorAm Energy Services, Inc. under its Service Agreement with Phibro, Inc. motion to intervene or protest with the CS–1 Coordination Sales Tariff. Maine Public states that the Service Federal Energy Regulatory Commission, Comment date: October 6, 1995, in Agreement is being submitted pursuant 825 North Capitol Street, N.E., accordance with Standard Paragraph E to its tariff provision pertaining to the Washington, D.C. 20426, in accordance at the end of this notice. short-term non-firm sales of capacity 51464 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices and energy which establishes a ceiling protestants parties to the proceeding. inch turbine meter, appurtenant rate at Maine Public’s cost of service for Any person wishing to become a party facilities and electronic gas the units available for sale. must file a motion to intervene. Copies measurement facilities, and will be Comment date: October 6, 1995, in of this filing are on file with the constructed within the confines of the accordance with Standard Paragraph E Commission and are available for public Boones Creek meter station yard in at the end of this notice. inspection. Washington County, Tennessee at an 6. Rochester Gas and Electric Lois D. Cashell, estimated cost of $53,000. East Corporation Secretary. Tennessee proposes to recover the [FR Doc. 95–24458 Filed 9–29–95; 8:45 am] incremental cost of constructing the [Docket No. ER95–1735–000] facilities, from the shippers through the BILLING CODE 6717±01±P Take notice that on September 12, incremental reservation charges 1995, Rochester Gas and Electric associated with the increased firm Corporation (RG&E), tendered for filing [Docket No. CP95±750±000, et al.] transportation service to be provided at a Service Agreement for acceptance by this point. the Federal Energy Regulatory East Tennessee Natural Gas Company, It is stated that this modification, of Commission (Commission) between et al.; Natural Gas Certificate Filings the above stated delivery point will RG&E and MidCon Power Services increase the available capacity at the September 22, 1995. Corp. The terms and conditions of Boones Creek Meter Station by 3,000 Take notice that the following filings service under this Agreement are made dekatherms per day and 1,095,000 have been made with the Commission: pursuant to RG&E’s FERC Electric Rate dekatherms annually. East Tennessee Schedule, Original Volume 1 (Power 1. East Tennessee Natural Gas further states that the additional Sales Tariff) accepted by the Company capacity is available only at the points Commission in Docket No. ER94–1279. between Early Grove and the Boones [Docket No. CP95–750–000] RG&E also has requested waiver of the Creek Meter Station due to East 60-day notice provision pursuant to 18 Take notice that on September 13, Tennessee’s operational design. East CFR 35.11. 1995, as supplemented on September Tennessee states that it has adequate A copy of this filing has been served 21, 1995, East Tennessee Natural Gas capacity to accommodate the delivery of on the Public Service Commission of the Company (East Tennessee), P.O. Box the additional volumes for the account State of New York. 2511, Houston, Texas 77252, filed in of United Cities, without detriment or Comment date: October 6, 1995, in Docket No. CP95–750–000 a request disadvantage to its other customers. It is accordance with Standard Paragraph E pursuant to Section 157.205 and averred that the total quantities to be at the end of this notice. 157.212 of the Commission’s delivered to United Cities will not Regulations under the Natural Gas Act 7. UtiliCorp United Inc. exceed the quantities authorized by its (18 CFR 157.205 and 157.212) for existing tariff. [Docket No. ES95–40–000] authorization to modify an existing Comment date: November 6, 1995, in Take notice that on September 15, delivery point metering facility for an accordance with Standard Paragraph G 1995, UtiliCorp United Inc. filed an existing customer, United Cities Gas at the end of this notice. application under § 204 of the Federal Company (United Cities). East 2. Northwest Pipeline Corporation Power Act seeking authorization to Tennessee makes such request, under its issue unsecured notes and other blanket certificate issued in Docket No. [Docket No. CP95–773–000] evidences of indebtedness, including CP90–1292–000 pursuant to Section 7 of Take notice that on September 20, financial guarantees of subsidiaries’ or the Natural Gas Act, all as more fully set 1995, Northwest Pipeline Corporation affiliates’ securities, aggregating up to forth in the request on file with the (Northwest), P.O. Box 58900, Salt Lake and including $350 million principal Commission and open to public City, Utah 84158–0900, filed in Docket amount outstanding at any one time, inspection. No. CP95–773–000 a request pursuant to during the period from January 1, 1996 East Tennessee indicates that it Sections 157.205, 157.211 and 157.216 through December 31, 1997, with final currently delivers natural gas for United of the Commission’s Regulations under maturities not later than December 31, Cities at its Boones Creek Meter Station the Natural Gas Act (18 CFR 157.205, 1998. located in Washington County, 157.211 and 157.216) for authorization Comment date: October 16, 1995, in Tennessee, under a firm transportation to remove and abandon existing accordance with Standard Paragraph E agreement pursuant to its Rate Schedule metering facilities at the Coburn Meter at the end of this notice. FT–A and the general terms and Station, Lane County, Oregon and to conditions of its FERC Gas Tariff. East construct and upgrade facilities at the Standard Paragraph Tennessee states that it has recently meter station to accommodate a request E. Any person desiring to be heard or entered into an agreement with United by Northwest Natural Gas Company to protest said filing should file a Cities, to transport an additional 3,000 (Northwest Natural) for additional motion to intervene or protest with the dekatherms per day to the Boones Creek delivery capacity and higher delivery Federal Energy Regulatory Commission, Meter Station, and that such additional pressures at the meter station, under the 825 North Capitol Street, N.E., deliveries will cause the flow rate to blanket certificate issued in Docket No. Washington, D.C. 20426, in accordance exceed the flow rate that can be CP82–433–000, pursuant to Sections with Rules 211 and 214 of the accurately measured at the existing 7(b) and 7(c) of the Natural Gas Act, all Commission’s Rules of Practice and facility. Therefore, in order to as more fully set forth in the request Procedure (18 CFR 385.211 and 18 CFR accommodate the increased deliveries to which is on file with the Commission 385.214). All such motions or protests United Cities, and to improve the and open to public inspection. should be filed on or before the measurement accuracy at this facility, Northwest states that the existing comment date. Protests will be East Tennessee is proposing herein to Coburn Meter Station consists of a 2- considered by the Commission in install an additional meter run parallel inch tap, two 1-inch regulators, a 2-inch determining the appropriate action to be to the existing meter station. It is stated rotary meter and appurtenances. It is taken, but will not serve to make that the meter run will consist of a 2- stated that the existing maximum design Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51465 capacity of the meter station is 550 3. CNG Transmission Corporation approximately 2.5 miles of 16-inch million Btu per day at the contractual [Docket No. CP95–767–000] diameter pipe installed in 1930 and replace it with 2.5 miles of new 16-inch delivery pressure of 150 psig. It is also Take notice that on September 19, diameter pipe; and, (3) relocate the WRI stated that Northwest presently has firm 1995, CNG Transmission Corporation Forbes and Berrytown TBS’ and 18 WRI maximum daily delivery obligations to (CNG), 445 West Main Street, domestic customers, as well as the deliver up to a total of 466 dt equivalent Clarksburg, West Virginia 26301, filed Auburn TBS and one domestic customer of natural gas per day at 150 psig to in Docket No. CP95–767–000 an served by WNG, from the existing 8- and Northwest Natural at the meter station application pursuant to Section 7(b) of 16-inch diameter pipes to the new 10- under existing Rate Schedule TF–1 and the Natural Gas Act for permission and TF–2 transportation agreements. and 16-inch diameter pipes. WNG states approval to abandon a natural gas that no service would be lost under this It is stated that Northwest Natural has storage service for New York State proposal. requested that Northwest upgrade the Electric and Gas Corporation (NYSEG), WNG also states that portions of the meter station to provide 1,000 dt all as more fully set forth in the existing 8- and 16-inch diameter pipes equivalent of natural gas per day at a application on file with the Commission run through a rock quarry owned and delivery pressure of 400 psig. It is and open to public inspection. operated by Martin Marietta Aggregates indicated that, to use the requested CNG proposes to abandon the service (MMA). According to WNG, MMA plans additional capacity to serve its growing which was carried out under the terms to expand its mining operations and has requirements in the Coburn area, of a service agreement dated April 1, agreed to pay WNG $165,000 to remove Northwest Natural and Northwest have 1991, under CNG’s Rate Schedule GSS. the pipe from its quarry. WNG would It is stated that the storage service was agreed to amend their July 31, 1991, pay the remaining $2,546,840 in authorized by the Commission in agreement to reallocate 534 dt estimated removal and construction Docket No. CP80–292–000 and extended equivalent of natural gas from the costs. in Docket No. CP91–554–000. It is Comment date: November 6, 1995, in Brownsville-Halsey delivery point to the asserted that CNG was authorized to Coburg delivery point. accordance with Standard Paragraph G store up to 275,000 dt equivalent of at the end of this notice. Northwest states that, to natural gas for NYSEG to serve its accommodate Northwest Natural’s Lockport, New York, market, with a Standard Paragraphs: request, Northwest proposes to upgrade maximum storage demand of 3,750 dt F. Any person desiring to be heard or the meter station by removing the equivalent of gas per day. It is stated to make any protest with reference to existing regulator pilots and throttle that CNG and NYSEG have agreed to said application should on or before the plates and installing replacement pilots allow CNG to render this storage service comment date, file with the Federal and throttle plates, a gas filter and under CNG’s Part 284 blanket Energy Regulatory Commission, appurtenances with a maximum design certificate. It is further stated that CNG Washington, D.C. 20426, a motion to delivery capacity of 1,400 dt equivalent would continue to provide NYSEG with intervene or a protest in accordance of natural gas per day at a delivery secure access to firm storage service with the requirements of the pressure of 400 psig. entitlements. It is stated that CNG Commission’s Rules of Practice and would utilize the same facilities, and Procedure (18 CFR 385.214 or 385.211) Northwest estimates the total cost of that no facilities would be abandoned. and the Regulations under the Natural the proposed facility upgrade to be Comment date: October 13, 1995, in Gas Act (18 CFR 157.10). All protests approximately $20,000, including the accordance with Standard Paragraph F filed with the Commission will be costs to remove the existing facilities. It at the end of this notice. considered by it in determining the is also indicated that, pursuant to the appropriate action to be taken but will 4. Williams Natural Gas Company facilities agreement, Northwest Natural not serve to make the protestants parties has agreed to extend the primary term [Docket No. CP95–774–000] to the proceeding. Any person wishing of its November 1, 1993, Rate Schedule Take notice that on September 21, to become a party to a proceeding or to SGS–2 firm storage agreement with 1995, Williams Natural Gas Company participate as a party in any hearing Northwest by one year until April 30, (WNG), P.O. Box 3288, Tulsa, Oklahoma therein must file a motion to intervene 1998. It is stated that the present value 74101, filed a prior notice request with in accordance with the Commission’s of additional future revenues generated the Commission in Docket No. CP95– Rules. by this term extension will exceed the 774–000 pursuant to Section 157.205 of Take further notice that, pursuant to present value of the incremental cost of the Commission’s Regulations under the the authority contained in and subject to service attributable to the proposed Natural Gas Act (NGA) for authorization the jurisdiction conferred upon the meter station upgrade. Northwest, to abandon, replace, and relocate Federal Energy Regulatory Commission pursuant to the terms of the facilities various pipeline facilities used to serve by Sections 7 and 15 of the Natural Gas reimbursement provisions of its tariff, Western Resources, Inc. (WRI) in Act and the Commission’s Rules of indicates that it will not be reimbursed Shawnee and Douglas Counties, Kansas, Practice and Procedure, a hearing will for the Coburn meter facility costs. under WNG’s blanket certificate issued be held without further notice before the Commission or its designee on this Northwest advises that the total in Docket No. CP82–479–000 pursuant to Section 7 of the NGA, all as more application if no motion to intervene is volumes to be delivered to the customer fully set forth in the request which is filed within the time required herein, if after the request do not exceed the total open to the public for inspection. the Commission on its own review of volumes authorized prior to the request. WNG proposes to (1) abandon by the matter finds that a grant of the Also, Northwest indicates that the reclaim approximately 10 miles of 8- certificate and/or permission and proposed activity is not prohibited by inch diameter pipe and replace it with approval for the proposed abandonment its existing tariff. 10 miles of 10-inch diameter pipe on are required by the public convenience Comment date: November 6, 1995, in WNG’s Forbes line, which serves the and necessity. If a motion for leave to accordance with Standard Paragraph G Forbes town border station (TBS) near intervene is timely filed, or if the at the end of this notice. Topeka, Kansas; (2) abandon by reclaim Commission on its own motion believes 51466 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices that a formal hearing is required, further such sale unless the Commission issues Paso), a Delaware corporation, whose notice of such hearing will be duly an order either requiring Frontier to stop mailing address is Post Office Box 1492, given. selling and setting the matter for hearing El Paso, Texas 79978, filed a request for Under the procedure herein provided or permitting the sale to continue and authorization in Docket No. CP95–763– for, unless otherwise advised, it will be establishing other procedures for 000, pursuant to Sections 157.205 and unnecessary for applicant to appear or resolving the matter.’’ 157.212 of the Commission’s be represented at the hearing. Comment date: October 12, 1995, in Regulations under the Natural Gas Act G. Any person or the Commission’s accordance with the first paragraph of (18 CFR 157.205 and 157.212) to staff may, within 45 days after issuance Standard Paragraph F at the end of this construct and operate a tie-in facility in of the instant notice by the Commission, notice. Luna County, New Mexico. El Paso file pursuant to Rule 214 of the states that the tie-in facility will be Commission’s Procedural Rules (18 CFR 2. Texas Eastern Transmission 385.214) a motion to intervene or notice Corporation installed between El Paso’s existing Truth or Consequences (T-or-C) Delivery of intervention and pursuant to Section [Docket No. CP93–100–002] Point and El Paso’s 30’’ O.D. Line No. 157.205 of the Regulations under the Take notice that on September 21, 1600 (Waha-Ehrenberg Line) in Luna Natural Gas Act (18 CFR 157.205) a 1995, Texas Eastern Transmission County, New Mexico, all as more fully protest to the request. If no protest is Corporation (Texas Eastern), 5400 filed within the time allowed therefor, Westheimer Court, P.O. Box 1642, set forth in the request which is on file the proposed activity shall be deemed to Houston, Texas 77251–1642, filed an with the Commission and open to be authorized effective the day after the application with the Commission in public inspection. time allowed for filing a protest. If a Docket No. CP93–100–002 pursuant to El Paso states that such connection protest is filed and not withdrawn Section 7(c) of the Natural Gas Act will permit higher delivery pressures to within 30 days after the time allowed (NGA) for authorization to amend the PNM Gas Services, a division of Public for filing a protest, the instant request Commission’s order issued September Service Company of New Mexico (PNM shall be treated as an application for 22, 1993, in Docket No. CP93–100–000,1 Gas Services) (formerly Gas Company of authorization pursuant to Section 7 of all as more fully set forth in the New Mexico, a division of Public the Natural Gas Act. application on file with the Commission Service Company of New Mexico. The Lois D. Cashell, and open to public inspection. request states that El Paso provides firm Secretary. Texas Eastern proposes to defer the transportation service to PNM Gas [FR Doc. 95–24457 Filed 9–29–95; 8:45 am] currently authorized rebuilding and Services pursuant to the terms and BILLING CODE 6717±01±P upgrading of the Westinghouse Electric conditions of a Transportation Service W–52 regenerative cycle gas turbines at Agreement (TSA) dated November 12, the Grantville and Bechtelsville [Docket No. CP85±221±052, et al.] 1990, as amended, between the parties. compressor stations in Pennsylvania. This TSA provides for the firm Frontier Gas Storage Company et al.; Texas Eastern proposes to defer the transportation of PNM Gas Services’ full authorized 1996 upgrading of two Natural Gas Certificate Filings requirements of natural gas (except for turbines at the Grantville compressor those delivery points which have a September 25, 1995. station such that one unit would be specific maximum daily quantity) to Take notice that the following filings upgraded in 1996 and the other unit have been made with the Commission: would be upgraded in 1997. In addition, consumers situated within the State of New Mexico. 1. Frontier Gas Storage Company Texas Eastern proposes to defer the currently authorized 1997 upgrading of The request further states that PNM [Docket No. CP85–221–052] two turbines at the Bechtelsville Gas Services has indicated to El Paso Take notice that on September 19, compressor station such that one unit that during the periods of peak demand 1995, Frontier Gas Storage Company would be upgraded in 1998 and the on El Paso’s Southern System, PNM Gas (Frontier), c/o Reid & Priest, Market other unit would be upgraded in 1999. Services has experienced pressure Square, 701 Pennsylvania Ave., N.W., Texas Eastern estimates that it would problems on its distribution system Suite 800, Washington, D.C. 20004, in cost $16,979,000 to upgrade these four serving the community of Truth or compliance with the provisions of the gas turbines on the proposed deferred Consequences, New Mexico. In this Commission’s February 13, 1985, Order basis. regard, PNM Gas Services has requested in Docket No. CP82–487–000, et al., Texas Eastern requests to amend the that El Paso increase the existing submitted an executed Service Commission order issued in Docket No. delivery pressure at the T-or-C Delivery Agreement under Rate Schedule LVS–1 CP93–100–000 to better use and manage Point. El Paso is also aware of new and providing for the possible sale of up to its construction resources. Texas Eastern projected load growth along the T-or-C a daily quantity of 50,000 MMBtu, not states that the requested deferrals would Line and in and round the community to exceed 5 Bcf for the term of the not prohibit it from meeting system of Truth or Consequences, New Mexico. Agreement, of Frontier’s gas storage requirements. inventory on an ‘‘as metered’’ basis to Comment date: October 16, 1995, in El Paso states that consequently, it has Interenergy Resources Corporation. accordance with Standard Paragraph F agreed to connect El Paso’s existing T- Under Subpart (b) of Ordering at the end of this notice. or-C Delivery Point and El Paso’s 30’’ Paragraph (F) of the Commission’s O.D. Waha-Ehrenberg Line. The tie-in 3. El Paso Natural Gas Company February 13, 1985, Order, Frontier is would be accomplished by connecting ‘‘authorized to commence the sale of its [Docket No. CP95–763–000] approximately 160 feet of new 41⁄2′′ O.D. inventory under such an executed Take notice that on September 19, pipeline to an existing 41⁄2′′ O.D. blow service agreement fourteen days after 1995, El Paso Natural Gas Company (El off valve assembly (physically located at filing the agreement with the El Paso’s Florida Compressor Station). Commission, and may continue making 1 64 FERC ¶ 61,330 (1993). The tie-in facility would extend from Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51467 the existing blow off valve on the Waha- transportation service. Columbia relates be available to all existing and potential Ehrenberg Line at the Florida it will provide the firm transportation shippers receiving service under its Compression Station to the 41⁄2′′ O.D. T- service for Hope pursuant to its blanket transportation rate schedules as or-C Line upstream of the existing 41⁄2′′ certificate issued in Docket No. CP86– contained in Texas Gas’s FERC Gas O.D. meter facility comprising the T-or- 240–000, under existing authorized rate Tariff. C Delivery Point. The tie-in permits El schedules, and within certificated Comment date: November 9, 1995, in Paso to obtain the higher pressures entitlements. Columbia estimates the accordance with Standard Paragraph G available from the Waha-Ehrenberg Line total cost of the installation at $125,000. at the end of this notice. and thereby deliver gas to PNM Gas Columbia says it will contribute up to Services at higher pressures. Increased approximately $120,000 for the 6. Williams Natural Gas Company delivery pressures will make it possible construction of the new point of [Docket No. CP95–772–000] for PNM Gas Services to serve the full delivery and up to $5,000 toward the requirements of the community of Truth purchase of the land, with Hope Take notice that on September 20, or Consequences and its environs responsible for any actual cost above 1995, Williams Natural Gas Company through its distribution system. these amounts. Columbia states it will (WNG), P.O. Box 3288, Tulsa, Oklahoma El Paso states that the construction of comply with all of the environmental 74101, filed in Docket No. CP95–772– the proposed tie-in facility is not requirements of Section 157.206(d) of 000 a request pursuant to Sections prohibited by El Paso’s existing Volume the Commission’s Regulations prior to 157.205, 157.208, 157.212 and 157.216 No. 1–A Tariff and the volumes to be the construction of any facilities. of the Commission’s Regulations under delivered through the proposed Comment date: November 9, 1995, in the Natural Gas Act (18 CFR 157.205, facilities and the existing meter station accordance with Standard Paragraph G 157.211 and 157.216) for authorization are within PNM Gas Services’ at the end of this notice. to abandon and replace certain facilities certificated entitlements. El Paso further 5. Texas Gas Transmission Corporation located in Allen County, Kansas, and to states that it has sufficient capacity to convert 4 domestic customers to accomplish the deliveries or receipts [Docket No. CP95–771–000] propane service, all as more fully set specified under the TSA without Take notice that on September 20, forth in the request which is on file with detriment or disadvantage to El Paso’s 1995, Texas Gas Transmission the Commission and open to public other customers. Corporation (Texas Gas), 3800 Frederica inspection. The request further states that El Street, Owensboro, Kentucky 42301, Paso’s environmental analysis supports filed in Docket No. CP95–771–000 a WNG proposes to abandon the conclusion that the construction and request pursuant to Sections 157.205 approximately 2.3 miles of the 8-inch operation of the proposed tie-in facility and 157.211 of the Commission’s North Iola lateral line by reclaim and will not be a major Federal action Regulations under the Natural Gas Act the remaining 0.8 mile in place. WNG significantly affecting the human (18 CFR 157.205, 157.211) for proposes to replace 0.85 mile of 8-inch environment. authorization to add an interconnect line with 6-inch line as an extension of Comment date: November 9, 1995, in with Equitable Storage Company the South Iola line authorized in Docket accordance with Standard Paragraph G (Equitable), in Iberia Parish, Louisiana, No. CP95–525–000. It is stated that at the end of this notice. under Texas Gas’s blanket certificate these abandonments would have no issued in Docket No. CP82–407–000 impact on the volumes of gas delivered, 4. Columbia Gas Transmission as the gas presently flowing on the Corporation pursuant to Section 7 of the Natural Gas Act, all as more fully set forth in the North Iola pipeline would be transferred [Docket No. CP95–770–000] request that is on file with the to the South Iola 6-inch line. It is stated Take notice that on September 20, Commission and open to public that the smaller line operates at a higher 1995, Columbia Gas Transmission inspection. pressure and can accommodate the Corporation (Columbia), 1700 Texas Gas proposes to install, own same volumes. MacCorkle Avenue, S.E., Charleston, and operate an interconnect consisting In addition, WNG proposes to West Virginia 25314–1599, filed in of side valve, dual 10-inch bi-directional abandon a regulator setting, the South Docket No. CP95–770–000, a request orifice meter station, electronic flow Iola town border meter setting and the pursuant to Sections 157.205 and measurement, flow control and related Gates Rubber meter setting and replace 157.211 of the Commission’s facilities on a site it would acquire. This the 2 meter settings with a single setting Regulations under the Natural Gas Act interconnect would be located on Texas at the site of the South Iola town border. (18 CFR 157.205 and 157.211) for Gas’s Eunice-Thibodaux 20-inch and 26- It is asserted that the City of Iola has authorization to construct and operate a inch pipelines in Iberia Parish, agreed to the modifications proposed by new point of delivery to Hope Gas, Inc. Louisiana, and would be used as both a WNG. It is further asserted that the (Hope) in Braxton County, West receipt and delivery point proposed abandonment will have no Virginia, under the blanket certificate interconnecting the facilities of Texas negative impact on WNG’s system issued in Docket No. CP83–76–000, Gas and an underground salt cavern gas operation and that no customers will pursuant to Section 7(c) of the Natural storage facility, located near Lake lose service as a result of the Gas Act, all as more fully set forth in the Peignour, Louisiana, owned and abandonment. request which is on file with the operated by Equitable. Texas Gas states Commission and open to public that Equitable would reimburse Texas The cost to replace the 8-inch line inspection. Gas in full for the cost of the proposed with 6-inch line and to install the new Columbia states Hope has requested facilities. meter setting is estimated at $198,360. this new delivery point to serve its Texas Gas states that the maximum The total reclaim cost of 8-inch line and residential and industrial customers. quantity of gas that would be delivered the meter and regulator settings is Columbia and Hope relate that they will and/or received through the proposed estimated at $18,500. execute two new FTS Service interconnect would be 200,000 MMBtu Comment date: November 9, 1995, in Agreements to provide up to 900 Dth per day. Texas Gas also states the accordance with Standard Paragraph G per day (229,950 Dth annually) of firm proposed receipt/delivery point would at the end of this notice. 51468 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
Standard Paragraphs authorization pursuant to Section 7 of minor pipeline lateral located in Indian the Natural Gas Act. River County, Florida, under FGT’s F. Any person desiring to be heard or Lois D. Cashell, blanket certificate issued in Docket No. to make any protest with reference to CP82–553–000 pursuant to Section 7 of said application should on or before the Secretary. comment date, file with the Federal [FR Doc. 95–24456 Filed 9–29–95; 8:45 am] the Natural Gas Act, all as more fully set Energy Regulatory Commission, BILLING CODE 6717±01±P forth in the request that is on file with Washington, D.C. 20426, a motion to the Commission and open to public inspection. intervene or a protest in accordance [Docket No. TM96±1±84±000] with the requirements of the FGT proposes to abandon and sell to Commission’s Rules of Practice and Caprock Pipeline Company; Notice of South Florida Natural Gas Company Procedure (18 CFR 385.214 or 385.211) Proposed Changes in FERC Gas Tariff (South Florida) the old Vero Beach 4- and the Regulations under the Natural inch line which is approximately 9.7 September 26, 1995. Gas Act (18 CFR 157.10). All protests miles in length and extends from FGT’s Take notice that on September 21, filed with the Commission will be 20-inch and 26-inch mainlines to mile 1995, Caprock Pipeline Company considered by it in determining the post 9.7 where it connects to an existing (Caprock) tendered for filing to become appropriate action to be taken but will 8-inch line, approximately .2 miles not serve to make the protestants parties part of its FERC Gas Tariff, First Revised Volume No. 1, the following revised upstream from the Vero Beach to the proceeding. Any person wishing Generating delivery meter station. FGT to become a party to a proceeding or to tariff sheets, to become effective October 1, 1995: states that South Florida will use the participate as a party in any hearing subject line as part of its distribution therein must file a motion to intervene Third Revised Sheet No. 4 system. in accordance with the Commission’s Third Revised Sheet No. 5 Any person or the Commission’s staff Rules. Caprock states that the tariff sheets Take further notice that, pursuant to reflects the Commission’s revised may, within 45 days after issuance of the authority contained in and subject to Annual Charge Adjustment unit charge. the instant notice by the Commission, the jurisdiction conferred upon the Any person desiring to be heard or to file pursuant to Rule 214 of the Federal Energy Regulatory Commission protest said filing should file a motion Commission’s Procedural Rules (18 CFR by Sections 7 and 15 of the Natural Gas to intervene or protest with the Federal 385.214) a motion to intervene or notice Act and the Commission’s Rules of Energy Regulatory Commission, 825 of intervention and pursuant to Section Practice and Procedure, a hearing will North Capitol Street, N.E., Washington, 157.205 of the Regulations under the be held without further notice before the D.C. 20426 in accordance with Sections Natural Gas Act (18 CFR 157.205) a Commission or its designee on this 385.211 and 385.214 of the protest to the request. If no protest is application if no motion to intervene is Commission’s Rules and Regulations. filed within the time allowed therefor, filed within the time required herein, if All such motions or protests should be the proposed activity shall be deemed to the Commission on its own review of filed on or before October 3, 1994. be authorized effective the day after the the matter finds that a grant of the Protests will be considered by the time allowed for filing a protest. If a certificate and/or permission and Commission in determining the protest is filed and not withdrawn approval for the proposed abandonment appropriate action to be taken, but will within 30 days after the time allowed are required by the public convenience not serve to make protestants parties to for filing a protest, the instant request and necessity. If a motion for leave to the proceeding. Any person wishing to shall be treated as an application for intervene is timely filed, or if the become a party must file a motion to authorization pursuant to Section 7 of Commission on its own motion believes intervene. Copies of this filing are on the Natural Gas Act. that a formal hearing is required, further file with the Commission and are Lois D. Cashell, notice of such hearing will be duly available for public inspection in the given. Public Reference Room. Secretary. Under the procedure herein provided Lois D. Cashell, [FR Doc. 95–24372 Filed 9–29–95; 8:45 am] for, unless otherwise advised, it will be Secretary. BILLING CODE 6717±01±M unnecessary for applicant to appear or [FR Doc. 95–24371 Filed 9–29–95; 8:45 am] be represented at the hearing. BILLING CODE 6717±01±M G. Any person or the Commission’s [Docket No. TM96±1±117±000] staff may, within 45 days after issuance [Docket No. CP95±765±000] of the instant notice by the Commission, K N Wattenberg Transmission Limited Liability Company; Notice of Proposed file pursuant to Rule 214 of the Florida Gas Transmission Company; Changes in FERC Gas Tariff Commission’s Procedural Rules (18 CFR Notice of Request Under Blanket 385.214) a motion to intervene or notice Authorization September 26, 1995. of intervention and pursuant to Section 157.205 of the Regulations under the September 26, 1995. Take notice that on September 21, Natural Gas Act (18 CFR 157.205) a Take notice that on September 19, 1995, K N Wattenberg Transmission protest to the request. If no protest is 1995, Florida Gas Transmission Limited Liability Company (K N filed within the time allowed therefor, Company (FGT), 1400 Smith Street, P.O. Wattenberg) tendered for filing to the proposed activity shall be deemed to Box 1188, Houston, Texas, 77251–1188, become part of its FERC Gas Tariff, be authorized effective the day after the filed in Docket No. CP95–765–000 a Original Volume No. 1, the following time allowed for filing a protest. If a request pursuant to Sections 157.205 revised tariff sheets, to become effective protest is filed and not withdrawn and 157.216 of the Commission’s October 1, 1995: within 30 days after the time allowed Regulations under the Natural Gas Act for filing a protest, the instant request (18 CFR 157.205, 157.216) for Third Revised Sheet No. 6 shall be treated as an application for authorization to abandon and sell a Second Revised Sheet No. 66 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51469
K N Wattenberg states that these tariff available for public inspection in the authorization pursuant to Section 7 of sheets reflect the Commission’s revised Public Reference Room. the Natural Gas Act. Annual Charge Adjustment unit charge. Lois D. Cashell, Lois D. Cashell, Any person desiring to be heard or to Secretary. Secretary. protest said filing should file a motion [FR Doc. 95–24375 Filed 9–29–95; 8:45 am] to intervene or protest with the Federal [FR Doc. 95–24373 Filed 9–29–95; 8:45 am] Energy Regulatory Commission, 825 BILLING CODE 6717±01±M BILLING CODE 6717±01±M North Capitol Street, N.E., Washington, D.C. 20426 in accordance with Sections [Docket No. CP95±761±000] 385.211 and 385.214 of the [Docket No. CP95±768±000] Commission’s Rules and Regulations. Northern Natural Gas Company; Notice All such motions or protests should be NorAm Gas Transmission Company; of Request Under Blanket filed on or before October 3, 1995. Notice of Request Under Blanket Authorization Protests will be considered by the Authorization September 26, 1995. Commission in determining the Take notice that on September 18, appropriate action to be taken, but will September 26, 1995. 1995, Northern Natural Gas Company not serve to make protestants parties to Take notice that on September 19, (Northern), 111 South 103rd Street, the proceeding. Any person wishing to 1995, NorAm Gas Transmission become a party must file a motion to Omaha, Nebraska 68124–1000, filed in Company (NGT), 1600 Smith Street, Docket No. CP95–761–000 a request intervene. Copies of this filing are on Houston, Texas 77002, filed in Docket file with the Commission and are pursuant to Sections 157.205 and No. CP95–768–000 a request pursuant to 157.212 of the Commission’s available for public inspection in the Sections 157.205 and 157.216 of the Public Reference Room. Regulations under the Natural Gas Act Commission’s Regulations under the (18 CFR 157.205, 157.212) for Lois D. Cashell, Natural Gas Act (18 CFR 157.205, authorization to upgrade an existing Secretary. 157.216) for authorization to abandon delivery point in Renville County, [FR Doc. 95–24374 Filed 9–29–95; 8:45 am] certain facilities in Louisiana, under Minnesota, under Northern’s blanket BILLING CODE 6717±01±M NGT’s blanket certificate issued in certificate issued in Docket No. CP82– Docket No. CP82–384–000 and CP82– 401–000 pursuant to Section 7 of the [Docket No. TM96±1±53±000] 384–001 pursuant to Section 7 of the Natural Gas Act, all as more fully set Natural Gas Act, all as more fully set forth in the request that is on file with K N Interstate Gas Transmission forth in the request that is on file with the Commission and open to public Company; Notice of Proposed the Commission and open to public inspection. Changes in FERC Gas Tariff inspection. Northern states that service will be NGT proposes to abandon an inactive provided to Great Plains Natural Gas September 26, 1995. Company (Great Plains) under currently Take notice that on September 21, 1-inch tap on NGT’s Line R at pipeline station no. 1643+53 in Section 28, effective interruptible throughput 1995, K N Interstate Gas Transmission service agreement(s). The upgrade of Company (KNI) tendered for filing to Township 16 North, Range 13 West, # Caddo Parish, Louisiana. NGT installed Renville 3 TBS is required for become part of its FERC Gas Tariff, the providing additional service for heating following revised tariff sheets: this tap in 1950 to deliver gas to a domestic customer served by Arkla. a new egg processing farm. The Second Revised Volume No. 1–A Arkla has informed NGT that this tap is incremental volumes to be delivered to Eleventh Revised Sheet No. 4–D no longer active and the residence Great Plains are 190 MMBtu on a peak served by this tap has been torn down day and 33.902 MMBtu on an annual First Revised Volume No. 1–C basis. The Renville #33 TBS is located Third Revised Sheet No. 4 and removed. The cost of the facilities to be abandoned is $92.00. This tap will at Section 3, T115N, R36W, Renville KNI states that the tariff sheets reflects be abandoned in place and all above- County, Minnesota and the estimated the Commission’s revised Annual ground facilities will be removed. No cost for upgrading is $1,000. Northern Charge Adjustment unit charge. service is being reduced or discontinued states that the total volumes to be delivered to Great Plains after the KNI requests that the tariff sheets be as a result of this abandonment. made effective October 1, 1995. request do not exceed the total volumes Any person desiring to be heard or to Any person or the Commission’s staff authorized prior to the request. protest said filing should file a motion may, within 45 days after issuance of Northern states that the proposed to intervene or protest with the Federal the instant notice by the Commission, activity is not prohibited by its existing Energy Regulatory Commission, 825 file pursuant to Rule 214 of the tariff and that it has sufficient capacity North Capitol Street, N.E., Washington, Commission’s Procedural Rules (18 CFR to accommodate the changes proposed D.C. 20426 in accordance with Sections 385.214) a motion to intervene or notice herein without detriment or 385.211 and 385.214 of the of intervention and pursuant to Section disadvantage to its other customers. Commission’s Rules and Regulations. 157.205 of the Regulations under the Any person or the Commission’s staff All such motions or protests should be Natural Gas Act (18 CFR 157.205) a may, within 45 days after issuance of filed on or before October 3, 1995. protest to the request. If no protest is the instant notice by the Commission, Protests will be considered by the filed within the time allowed therefor, file pursuant to Rule 214 of the Commission in determining the the proposed activity shall be deemed to Commission’s Procedural Rules (18 CFR appropriate action to be taken, but will be authorized effective the day after the 385.214) a motion to intervene or notice not serve to make protestants parties to time allowed for filing a protest. If a of intervention and pursuant to Section the proceeding. Any person wishing to protest is filed and not withdrawn 157.205 of the Regulations under the become a party must file a motion to within 30 days after the time allowed Natural Gas Act (18 CFR 157.205) a intervene. Copies of this filing are on for filing a protest, the instant request protest to the request. If no protest is file with the Commission and are shall be treated as an application for filed within the time allowed therefor, 51470 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices the proposed activity shall be deemed to available for public inspection in the available for public inspection in the be authorized effective the day after the Public Reference Room. Public Reference Room. time allowed for filing a protest. If a Lois D. Cashell, Lois D. Cashell, protest is filed and not withdrawn Secretary. Secretary. within 30 days after the time allowed [FR Doc. 95–24377 Filed 9–29–95; 8:45 am] [FR Doc. 95–24378 Filed 9–29–95; 8:45 am] for filing a protest, the instant request BILLING CODE 6717±01±M BILLING CODE 6717±01±M shall be treated as an application for authorization pursuant to Section 7 of the Natural Gas Act. [Docket No. RP95±440±000] [Docket Nos. TM94±5±49±004 and TM95±4± Lois D. Cashell, 49±005 (Not Consolidated)] Secretary. Sabine Pipe Line Company; Notice of [FR Doc. 95–24376 Filed 9–29–95; 8:45 am] Proposed Changes in FERC Gas Tariff Williston Basin Interstate Pipeline and Request for Waiver of Tariff Company; Notice of Compliance Filing BILLING CODE 6717±01±M Provision September 26, 1995. September 26, 1995. [Docket No. RP95±442±000] Take notice that on September 20, Take notice that on September 22, 1995, Sabine Pipe Line Company 1995, Williston Basin Interstate Pipeline Northwest Pipeline Corporation; Notice (Sabine) tendered for filing to become Company (Williston Basin), tendered for of Proposed Changes in FERC Tariff part of its FERC Gas Tariff, Second filing to become part of its FERC Gas Revised Volume No. 1, First Revised Tariff, Second Revised Volume No. 1, September 26, 1995. Sheet No. 226. Sabine requests an revised tariff sheets listed on Appendix Take notice that on September 22, effective date of October 20, 1995 for the A to the filing. 1995, Northwest Pipeline Corporation revised tariff sheet. Williston Basin states that, in (Northwest) tendered for filing as part of Sabine states that the purpose of the compliance with the Commission’s June its FERC Gas Tariff, Third Revised filing is to revise Sabine’s nomination 28, 1995 Letter Order in Docket No. Volume No. 1, the following tariff sheets procedures. Sabine proposes to effect TM94–5–49–001, the Commission’s changes to the nomination deadline for with a proposed effective date of June 30,1995 Order in Docket transportation services by posting notice November 1, 1995: No.TM95–4–49–000, and the of the change on its electronic bulletin First Revised Sheet No. 204 board for 30 days prior to the effective Commission’s August 24, 1995 Letter First Revised Sheet No. 205 date of the change. Sabine states that Order in Docket Nos. TM94–5–49–002, this will give it the flexibility to respond TM95–4–49–002 and TM95–4–49–004, Northwest states that the purpose of the revised tariff sheets reflect revised this filing is to revise Northwest’s gas more quickly to changes in the industry. Sabine further states that these gas supply realignment surcharges quality specifications. Northwest procedures will not apply if Sabine based upon separate over- and/or under- proposes tariff revisions to provide that proposes to extend the deadline to a recovery subaccounts for Rate gas delivered into its system contain no period of time in excess of the current Schedules FT–1 and ST–1, respectively. more than 2% carbon dioxide on a four business days. In addition, Williston Basin has revised volumetric basis and no more than 3% In addition, Sabine requests a waiver the base rate unit cost for Rate Schedule by volume of combined non of its current tariff to permit shippers to IT–1 based on a throughput level of hydrocarbon gases including, but not submit nominations by the third 7,354,757 Dth. The proposed effective limited to, carbon dioxide, nitrogen and business day prior to the first of the date for the tariff sheets included in the oxygen. month for transportation service for filing is July 1, 1995. Northwest states that a copy of this November of 1995. Any person desiring to protest said filing has been served upon all Sabine states that copies of this filing filing should file a protest with the were served on Sabine’s jurisdictional Northwest’s jurisdictional customer and Federal Energy Regulatory Commission, customers, the state regulatory upon relevant state regulatory 825 North Capitol Street, NE., commissions. commissions of Texas and Louisiana, and other interested parties. Washington, DC 20426, in accordance Any person desiring to be heard or Any person desiring to be heard or to with Rule 211 of the Commission’s protest said filing should file a motion protest said filing should file a motion Rules of Practice and Procedure (18 CFR to intervene or protest with the Federal to intervene or protest with the Federal 385.211). All such protests should be Energy Regulatory Commission, 825 Energy Regulatory Commission, 825 filed on or before October 3, 1995. North Capitol Street, N.E., Washington, North Capitol Street, N.E., Washington, Protests will be considered by the D.C. 20426, in accordance with Sections D.C. 20426 in accordance with Sections Commission in determining the 385.214 and 385.211 of the 385.211 and 385.214 of the appropriate action to be taken, but will Commission’s Rules of Practice and Commission’s Rules and Regulations. not serve to make protestants parties to Procedure. All such motions or protests All such motions or protests should be the proceeding. Copies of this filing are should be filed on or before October 3, filed on or before October 3, 1995. on file with the Commission and are 1995. Protests will be considered by the Protests will be considered by the available for public inspection. Commission in determining the Commission in determining the Lois D. Cashell, appropriate action to be taken, but will appropriate action to be taken, but will Secretary. not serve to make protestants parties to not serve to make protestants parties to [FR Doc. 95–24379 Filed 9–29–95; 8:45 am] the proceeding. Any person wishing to the proceedings. Any person wishing to become a party must file a motion to become a party must file a motion to BILLING CODE 6717±01±M intervene. Copies of this filing are on intervene. Copies of this filing are on file with the Commission and are file with the Commission and are Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51471
ENVIRONMENTAL PROTECTION governing State administrative (iii) Enhance the quality, utility, and AGENCY procedures; and clarity of the information to be (6) The showing required by collected; and Agency Information Collection § 271.20(c) of the State’s public (iv) Minimize the burden of the Activities up for Renewal participation activities prior to program collection of information on those who submission. are to respond, including through the AGENCY: Environmental Protection use of appropriate automated collection Agency (EPA). A State with an approved program may voluntarily transfer program techniques or other forms of information ACTION: Notice. responsibilities to EPA by notifying EPA technology, e.g., permitting electronic submission of responses. SUMMARY: In compliance with the of the proposed transfer, including Burden Statement: The total burden Paperwork Reduction Act (44 U.S.C. submission of a plan for the orderly to respondents, as estimated in the 3501 et seq.), this notice announces that transfer of all relevant program currently approved ICR, is 7,637 hours the Information Collection Request information not in the possession of per year, at a cost of $191,775. This (ICR). listed below is coming up for EPA, as required by section 271.23. estimate is based on the assumption that renewal. Before submitting the renewal Further, EPA may withdraw a State’s there would be one application for base package to the Office of Management authorized program under section program authorization over a three-year and Budget (OMB), EPA is soliciting 271.23. period and 25 applications for program comments on specific aspects of the Either EPA or the approved State may revisions per year. The ICR estimates collection as described below. initiate a revision to the authorized program. State program revision may be that the base program authorization DATES: Comments must be submitted on necessary when the controlling Federal application would require 601.5 burden or before December 1, 1995.. or State statutory or regulatory authority hours and would cost $11,293.62. ADDRESSES: Environmental Protection is modified or supplemented. In the Program revision applications are Agency, Office of Solid Waste and event that the State is revising its estimated to require 261 burden hours Emergency Response, Office of Solid program by adopting new Federal and cost $5,115.87 each. The estimated Waste, Permits and State Programs requirements, the State shall prepare labor cost of $25.77 per hour for Division (5303W), 401 M Street SW., and submit modified revisions of the managerial staff, $18.08 for technical Washington, DC 20460. program description, Attorney General’s staff, and $10.99 for clerical staff and FOR FURTHER INFORMATION CONTACT: statement, Memorandum of Agreement, associated costs resulting from Anita V. Nickens; U.S. EPA; Office of or such other documents as EPA information requirements are consistent Solid Waste (5303W); 401 M Street SW., determines to be necessary. The State with information obtained from Washington, DC., 20460; Phone (703) shall inform EPA of any proposed Regional personnel who have worked 308–7049; FAX: (703) 308–8638. modifications to its basic statutory or on developing or reviewing program SUPPLEMENTARY INFORMATION: Affected regulatory authority, its forms, submissions to EPA. entities: Entities affected by this action procedures, or priorities, in accordance Respondents: States with authorized are those States which seek initial with section 271.21. If a State is State program. authorization of their hazardous waste proposing to transfer all or any part of Estimated No. of Respondents: 25. programs, program revisions, and whose any program from the approved State Estimated Number of Responses per program is being withdrawn. agency to any other agency, it must Respondent: 1. Title: Final Authorization for notify EPA in accordance with section Estimated Total Annual Burden on Hazardous Waste Management 271.21 and submit revised Respondents: $183,234. Frequency of Collection: Annual. Programs, ICR number 969, expires organizational charts as required under No person is required to respond to a March 31, 1996. section 271.6, in accordance with collection of information unless its Abstract: In order for a State to obtain section 271.21. Further, whenever EPA displays a currently valid OMB control final authorization for a State hazardous has reason to believe that circumstances number. The OMB control numbers for waste program or to revise its previously have changed with respect to a State EPA’s regulations are displayed in 40 authorized program, it must submit an program, EPA may request, and the CFR Part 9. official application to the EPA Regional State shall provide, a supplemental Send comments regarding these office for approval. The purpose of the Attorney General’s statement, program matters, or any other aspect of the application is to enable EPA to properly description, or such other documents or information collection, including determine whether the State’s program information are necessary. These suggestions for reducing the burden, to meets the requirements of § 3006 of paperwork requirements are mandatory. the address listed above. RCRA. As required by § 271.5, the EPA will use the information submitted submission for final authorization must by the State in order to determine Dated: September 25, 1995. contain the following: whether the State’s program meets the Elizabeth A. Cotsworth, (1) A letter from the Governor of the statutory and regulatory requirements Acting Director Office of Solid Waste. State requesting program approval; for authorization. [FR Doc. 95–24448 Filed 9–29–95;8:45am] (2) A complete program description, The EPA would like to solicit BILLING CODE 6560±50±M as required by § 271.6 describing how comments to: the State intends to carry out its (i) Evaluate whether the proposed responsibilities under this subpart; collection of information is necessary [FRL±5303±7] (3) An Attorney General’s statement for the proper performance of the Agency Information Collection as required by § 271.7; functions of the agency, including Activities Up for Renewal; NESHAP for (4) A Memorandum of Agreement whether the information will have Benzene Emissions From Bulk with the Regional Administrator as practical utility; Transfer Operations required by § 271.8; (ii) Evaluate the accuracy of the (5) Copies of all applicable State agency’s estimate of the burden of the AGENCY: Environmental Protection statutes and regulations, including those proposed collection of information; Agency (EPA). 51472 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
ACTION: Notice. than 70 weight-percent benzene or (iii) Enhance the quality, utility, and clarity whose annual benzene loading is less of the information to be collected; and SUMMARY: In compliance with the than 1.3 million liters of 70 weight- (iv) Minimize the burden of the collection Paperwork Reduction Act (44 U.S.C. percent or more benzene is exempt from of information on those who are to respond, 3501 et seq.), this notice announces that including through the use of appropriate the control requirements and need only automated collection techniques or other the Information Collection Request (ICR) maintain records and submit an initial listed below is coming up for renewal. forms of information technology, e.g., report. The control requirements for permitting electronic submission of Before submitting the renewal package bulk transfer facilities require that responses. to the Office of Management and Budget benzene emissions be routed to a (OMB), EPA is soliciting comments on control device that achieves a 98 Burden Statement specific aspects of the collection as weight-percent emissions reduction, The majority of industry costs described below. and (2) that loading of benzene be associated with the information DATES: Comments must be submitted on limited to vapor-tight tank trucks or collection activity in the standards are or before December 1, 1995. vapor-tight railcars. labor costs. The current average annual ADDRESSES: United States Owners or operators of the affected burden to industry from these Environmental Protection Agency, facilities described must make the recordkeeping and reporting Office of Enforcement and Compliance following one-time-only notices or requirements is estimated at 14,685 Assurance, Office of Compliance, reports: notification of anticipated person-hours. The respondent costs Manufacturing, Energy and startup; notification of actual startup; have been calculated on the basis of Transportation Division, Energy and initial compliance report (or control $14.50 per hour plus 110 percent Transportation Branch (2223A), 401 M exemption by sources below cut-off); overhead. The current average annual Street, S.W. Washington, D.C. 20460. notification of emission test, report burden to industry is estimated to be FOR FURTHER INFORMATION CONTACT: Mr. following an emission test; notification $447,158. of a monitoring system performance Rafael Sa´nchez, United States In addition to the loading rack test; and report following a monitoring Environmental Protection Agency, affected facilities, owners and operators system performance test. These Office of Enforcement and Compliance of tank trucks, railcars, and marine notifications and reports are general Assurance, Office of Compliance, vessels are also impacted by the provisions and required of all sources Manufacturing, Energy and standards. Based upon available subject to any NESHAP. Transportation Division, Energy and information, it has been estimated that Transportation Branch (2223A), 401 M Monitoring and recording requirements specific to benzene there are 97 tank trucks and railcars, Street SW. Telephone: (202) 564–7028. and 131 marine vessels subject to the Facsimile: (202) 564–0050. transfer operating include vapor- tightness documentation, and standards. All tank trucks and railcars SUPPLEMENTARY INFORMATION: monitoring and operation parameters must be tested annually to ensure vapor- Affected entities: Entities affected by specific to the control method chosen tightness. Marine vessels must either be this action are those which the total of (incinerator, vent valves status, steam checked for vapor-tightness or operated all loading racks at which benzene is generator, process heater, flare, carbon at negative pressure. In calculations of loaded into tank trucks, railcars, or adsorption). Sources must maintain burden, 65 marine vessels are assumed marine vessels at each benzene records of periods exceeding most to conduct vapor-tightness tests. production facility and each bulk recent performance test parameters, No person is required to respond to a terminal. including the date and time of any collection of information unless it Title: NESHAP for Benzene Emissions displays a currently valid OMB control from Bulk Transfer Operations—40 CFR exceedance or deviation, the nature and cause of the malfunction and corrective number. The OMB control numbers for Part 61, Subpart BB, OMB No. 2060– EPA’s regulations are displayed in 40 0182, Expiration Date: 1/31/96. measures taken. Owners or operators are also required CFR Part 9. Abstract: The National Emission to maintain records of the occurrence Standards for Benzene Emissions from Send comments regarding these and duration of any period during Benzene Transfer Operations were matters, or any other aspect of the which the monitoring system is proposed on September 14, 1989 and information collection, including malfunctioning or inoperative. promulgated on March 7, 1990. The suggestions for reducing the burden, to Reporting requirements specific to standards are codified at 40 CFR Part 61, the address listed above. benzene transfer operations include an Subpart BB. Dated: September 14, 1995. initial engineering report and a These standards apply to the Richard Biondi, following facilities in benzene transfer quarterly report by affected facilities subject to the standards at § 61.302. The Acting Director, Manufacturing, Energy and operations: The total of all loading racks Transportation Division, Office of at which benzene is loaded into tank quarterly reports include excess Compliance. emissions and deviations in operating trucks, railcars, or marine vessels at [FR Doc. 95–24338 Filed 9–29–95; 8:45 am] parameters. Sources not subject to the each benzene production facility and BILLING CODE 6560±50±P each bulk terminal. Specifically control standards must continue to exempted from the regulation are record information and must file a report only the first year. loading racks at which only the [FRL±5306±8] following are loaded: benzene-laden The EPA would like to solicit comments to: waste (covered under Subpart FF of Part (i) Evaluate whether the proposed Retrofit/Rebuild Requirements for 1993 61), gasoline, crude oil, natural gas collection of information is necessary for the proper performance of the functions of the and Earlier Model Year Urban Buses; liquids, petroleum distillates (e.g., fuel agency, including whether the information Approval of a Notification of Intent To oil, diesel, or kerosene), or benzene- will have practical utility; Certify Equipment laden liquid from coke by-product (ii) Evaluate the accuracy of the agency’s recovery plants. Any affected facility estimate of the burden of the proposed AGENCY: Environmental Protection which loads only liquid containing less collection of information: Agency. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51473
ACTION: Notice of agency certification of hr standard for these engines under the All parts of the certified equipment equipment for the Urban Bus Retrofit/ urban bus retrofit/rebuild program. are contained in two basic types of kits. Rebuild Program. The DDC notification, as well as other One of each basic type of kit is required materials specifically relevant to it, are for the rebuild of an engine. Twelve SUMMARY: The Agency received a contained in Public Docket A–93–42, combinations of the two basic types of notification of intent to certify category VII, entitled ‘‘Certification of kits are certified—the specific equipment signed March 16, 1995, and Urban Bus Retrofit/Rebuild combination to be used with a particular with cover letter dated April 11, 1995, Equipment’’. This docket is located in engine depends upon the direction of from the Detroit Diesel Corporation room M–1500, Waterside Mall (Ground engine rotation, orientation of the (DDC) with principal place of business Floor), U.S. Environmental Protection engine block, cam gear mounting at 13400 Outer Drive, West; Detroit, Agency, 401 M Street SW, Washington, technique, and engine power level. One Michigan, 48239, for certification of DC 20460. basic type of kit includes a gasket kit, Docket items may be inspected from urban bus retrofit/rebuild equipment air inlet hose, cylinder kit, and by-pass 8:00 a.m. until 5:30 p.m., Monday pursuant to 40 CFR Sections 85.1401– valve assembly. The other basic type of through Friday. As provided in 40 CFR 85.1415. The equipment is applicable to kit includes fuel injectors, camshafts, Part 2, a reasonable fee may be charged blower assembly, turbocharger, and Detroit Diesel Corporation’s (DDC) by the Agency for copying docket cylinder head assemblies. petroleum-fueled 6V92TA model materials. engines having mechanical unit DATES: The date of this notice October As discussed further below, two injectors (MUI) that were originally 2, 1995 is the effective date of upgrade configurations based on the manufactured between January 1979 certification for the equipment fuel injector timing height are certified. and December 1989. On June 5, 1995, described in DDC’s notification. This Either configuration, when applied to EPA published a notice in the Federal certified equipment may be used 1979 through 1987 model year engines, Register that the notification had been immediately by urban bus operators. reduces PM by at least 25 percent. Only received and made the notification FOR FURTHER INFORMATION CONTACT: one configuration provides a reduction available for public review and William Rutledge, Technical Support of 25 percent on 1988 and 1989 model comment for a period of 45-days (60 FR Branch, Manufacturers Operations year engines. 29590). EPA has completed its review of Division (6405J), U.S. Environmental Using engine dynamometer testing in this notification, and the comments Protection Agency, 401 M St. SW, accordance with the Federal Test received, and the Director of the Washington, D.C. 20460. Telephone: Procedure for heavy-duty diesel Manufacturers Operations Division has (202) 233–9297. engines, DDC documented significant determined that it meets all the reductions in PM emissions. Baseline requirements for certification. SUPPLEMENTARY INFORMATION: exhaust emissions data were developed Accordingly, EPA approves the I. Background by testing an engine rebuilt to a 1979 certification of this equipment effective urban bus configuration. Other testing October 2, 1995. By a notification of intent to certify signed March 16, 1995, and with cover on the engine was conducted using each The certified equipment provides 25 letter dated April 11, 1995, Detroit of the two certified upgrade percent or greater reduction in exhaust Diesel Corporation (DDC) applied for configurations. Emission test data emissions of particulate matter (PM) for certification of equipment applicable to supplied by DDC in its notification are the engines for which it is certified (see its 6V92TA model urban bus engines shown below in Table A. In addition to below), and meets the requirements of having mechanical unit injectors (MUI) demonstrating reductions in PM exhaust the urban bus retrofit/rebuild program that were originally manufactured emissions, the data indicate that for certification. Therefore, as discussed between January 1979 and December applicable engines with the certified below, this equipment may be used by 1989. The equipment to be certified, equipment installed will comply with operators choosing compliance program referred to as an ‘‘upgrade’’ kit, is the federal 1988 model year emission 2 and operators choosing compliance basically later model-year components standards for hydrocarbon (HC), carbon program 1 unless rebuild equipment is (such as turbocharger, blower, fuel monoxide (CO), oxides of nitrogen certified as a trigger of the 0.10 g/bhp- injectors, and cylinder kits). (NOx), and smoke emissions.
TABLE A.ÐEMISSION TEST DATA (g/bhp-hr)
1988/89 Baseline 1979Ð1987 1988 & 1989 Federal 1979 config upgrade upgrade standards
Gaseous and particulate emissions: HC ...... 0.52 0.43 0.44 1.3 CO ...... 3.74 1.35 1.33 15.5 NOX ...... 7.43 7.00 9.34 10.7 PM ...... 0.530 0.257 0.232 0.60 Smoke emissions: Accel ...... 11.5% 1.1% 1.9% 20% Lug ...... 2.5% 1.8% 3.2% 15% Peak ...... 16.5% 3.8% 3.7% 50%
DDC is certifying this equipment to PM emission levels of 0.30 g/bhp-hr for the 1979 through 1987 model year upgrade, and 0.23 g/bhp-hr for the 1988 and 1989 upgrade. The certification level for the 1979 through 1987 upgrade represents a 43 percent reduction in PM from the 1979 baseline configuration. The certification level for the 1988 and 1989 upgrade represents a 25 percent reduction from the PM level to which the 1988 and 1989 model year engine families were certified under the new-engine certification program (0.31 g/bhp-hr). The certification levels for 51474 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices this equipment in the urban bus program are indicated below in Table B, and apply only to the model numbers listed.
TABLE B.ÐRETROFIT/REBUILD PM CERTIFICATION LEVELS FOR DDC EQUIPMENT
Certifi- cation Engine model Model No. Upgrade con- level figuration (g/bhp- hr)
8067±7427 1979±1987 0.30 6V92TA MUI ...... 8067±7428 8067±4423 1988 & 1989 0.23 8067±3421
Certification of the 1979 through 1987 through 1987 model year 6V92TA The Agency believes that there is no upgrade configuration is limited to engines estimated in the program need to evaluate the life cycle cost data 6V92TA MUI engines of model years regulations. While some rebuilds, as of or to respond to comments at this time 1979 through 1987. The 1988 and 1989 yet uncertified under the urban bus because the requirement to reduce PM configuration is certified for all model program, may result in lower PM by 25 percent has been triggered for years 1979 through 1989. Section IV exhaust levels than the original engine applicable engines with the certification below discusses operator requirements configurations, this is not the case for on May 31, 1995, of an exhaust catalyst and responsibilities, including use of rebuilds which return an engine to an manufactured by the Engelhard the DDC equipment to meet program original configuration. The urban bus Corporation. requirements. program will make engine One commenter questions whether configurations having lower PM levels a II. Summary and Analysis of Comments tune-ups and emissions-related parts are requirement. Certification is available considered warranty items. The EPA received comments from three for other rebuild kits which meet emissions warranties, required by parties on this DDC notification. Two of program requirements. program regulations, apply to all parts the commenters are transit operators It was commented that the Agency of the certified equipment described in and the third is a manufacturer of diesel should not certify the candidate DDC’s notification of intent to certify, exhaust catalysts. The comments equipment for high altitude regions of for the mileage intervals specified in generally fall into the areas of baseline the country because no emissions data Section 85.1409. data, emission levels at high altitude, at high altitude have been provided. A comment was received that DDC cost, durability, and parts covered by Engine manufacturers, under the has not demonstrated durability of the warranty. One transit operator provided Agency—s new-engine certification parts in the candidate upgrade kit. its experience with DDC’s upgrade kit. program, are required to demonstrate Copies of the original comments can be compliance with exhaust emission While durability demonstration is not found in the EPA docket referenced in standards only at low altitude, even specifically required by program regulations, the Agency believes that the SUMMARY section above. though the standards apply to engines One of the transit operators states that operating in both low-altitude and high- certifiers will want to evaluate the thirteen of its engines have been rebuilt altitude areas of the country. In a durability of their equipment before using DDC—s low-emission rebuild kits, consistent manner, the urban bus selling it under this program in order to and their experience has been positive. program does not require demonstration minimize their liability risk. Section The engines have gotten better fuel of compliance with emissions standards 85.1409 of the program regulations economy and emitted less smoke. at high-altitude. Because DDC has require that the certifier provide both an One commenter questions whether 25 demonstrated that use of its retrofit/ emissions defect and an emissions percent is demonstrated by DDC test rebuild equipment will reduce PM at performance warranty to urban bus results, because the baseline testing that low-altitude, the Agency expects that operators. Further, the Agency holds the DDC performed does not represent the use of the certified equipment will also certifier responsible for the emissions typical emissions from currently rebuilt decrease PM emissions at high-altitude, performance of their equipment and engines. The commenter cites testing it although information on the order of maintains the option of performing in- has done to show that current rebuilds magnitude of PM reduction, or absolute use testing through-out the 150,000 are less that the baseline that DDC uses. level of PM emissions, is not available. mileage period of that warranty. Sections 85.1403(b) and In its comments the catalyst A copy of the comments can be found 85.1406(a)(2)(v)(B) of the program manufacturer requests certification for in EPA Docket A–93–42, category VII. regulations are clear in this regard. The the combination of the candidate III. Certification Approval program requirement of reducing PM by rebuild kit and a catalyst previously 25 percent is based on the emission certified for the urban bus program. The Agency has reviewed this levels of the original engine Review of this matter will be handled notification, along with comments configuration. In testing performed for independently of certification of the received from interested parties, and certification under the urban bus DDC equipment, and a separate Federal finds that the equipment described in program, DDC developed a baseline PM Register notice will announce Agency this notification of intent to certify: level of 0.530 g/bhp-hr for the test intentions, as necessary. (1) Reduces particulate matter exhaust engine rebuilt to a 1979 model year Several questions were raised emissions by at least 25 percent, configuration. This PM level is regarding the life cycle cost analysis without causing the applicable engine consistent with the ‘‘pre-rebuild PM provided by DDC in its notification in families to exceed other exhaust level’’ of 0.50 g/bhp-hr for the 1979 order to trigger program requirements. emissions standards; Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51475
(2) Will not cause an unreasonable operators should maintain records for information on the subcommittee risk to the public health, welfare or each engine in their fleet to demonstrate meetings should contact the specific safety; that they are in compliance with the Designated Federal Official at the (3) Will not result in any additional requirements beginning in January 1, telephone number listed below. range of parameter adjustability; and, 1995. These records include purchase Members of the public who wish to (4) Meets other requirements records, receipts, and part numbers for make a brief oral presentation should necessary for certification under the the parts and components used in the contact Dee Richardson of PRC Retrofit/Rebuild Requirements for 1993 rebuilding of urban bus engines. Environmental Management, Inc. no and Earlier Model Year Urban Buses (40 Dated: September 25, 1995. later than December 1, 1995 in order to CFR Sections 85.1401 through 85.1415). have time reserved on the agenda. In Richard Wilson, The Agency hereby certifies this general, each individual or group equipment for use in the urban bus Acting Assistant Administrator for Air and making an oral presentation will be Radiation. retrofit/rebuild program as discussed limited to a total time of five minutes. below in Section IV. [FR Doc. 95–24356 Filed 9–29–95; 8:45 am] Written comments of any length (at least BILLING CODE 6560±50±P IV. Operator Requirements and 35 copies) should be received no later Responsibilities than December 1, comments received after that date will be provided to the In a Federal Register notice dated [FRL±5308±1] Council as logistics allow. They should May 31, 1995 (60 FR 28402), the Agency National Environmental Justice be sent to PRC Environmental certified an exhaust catalyst Advisory Council; Notifications of Management, Inc., 1593 Spring Hill manufactured by the Engelhard Charter Renewal and of Public Road, Suite 300, Vienna, VA 22182. Corporation, as a trigger of program Advisory Committee Meeting(s); Open Telephone number is 703–287–8880 or requirements. For urban bus operators Meeting FAX: 703–287–8910. affected by this program and electing to comply with program 1 requirements, Pursuant to the Federal Advisory Federal official and tele- that certification means that rebuilds Committee Act (FACA), Public Law 92– Subcommittee phone number and replacements of model year 1979– 463, two notices are hereby given as 1989 6V92TA MUIs (and all other follows: (1) The Charter is reissued for Enforcement .. Ms. Sherry MilanÐ202/260± engines for which that catalyst is a 2 year period to renew the National 9807. applicable) performed 6 months or more Environmental Justice Advisory Council Health and Mr. Lawrence MartinÐ202/ after that date of certification, must be (NEJAC). Information regarding the new Research. 260±0673. International ... Dr. Clarice GaylordÐ202/ performed with equipment certified to NEJAC membership and other pertinent 260±6357. reduce PM emissions by 25 percent or Environmental Justice knowledge can be Indigenous Ms. Elizabeth BellÐ202/ more. The certified DDC equipment may obtained by dialing the 24 Hour Office Peoples. 260±8106. be used immediately by urban bus of Environmental Justice Information Public Partici- Mr. Robert KnoxÐ202/260± operators who have chosen to comply Line on 1–800–962–6215; and (2) The pation. 8195. with either program 1 or program 2, as National Environmental Justice Waste/Facility Ms. Jan YoungÐ202/260± follows. Advisory Council (NEJAC) along with Siting. 1691. Today’s Federal Register notice the subcommittees will meet on the certifies the above-described DDC dates and times described below. All FOR FURTHER INFORMATION CONTACT: For equipment, when properly applied, as times noted are Eastern Standard Time. hearing impaired individuals or non- meeting the requirement to reduce PM All meetings are open to the public. Due English speaking attendees wishing to by 25 percent. Urban bus operators who to limited space, seating at the NEJAC make arrangements for a sign language choose to comply with program 1 may meeting will be on a first-come basis. or foreign language interpreter, please use the certified DDC equipment unless Documents that are the subject of call or fax Dee Richardson of PRC equipment is certified as triggering the NEJAC reviews are normally available Environmental Management, Inc. at 0.10 g/bhp-hr standard for the 1979 from the originating EPA office and are Phone: 703–287–8880 or Fax: 703–287– through 1989 6V92TA MUI engines. not available from the NEJAC. The 8910. Either certified upgrade configuration meetings will occur at the Omni Dated: September 25, 1995. when applied to engines of model year Shoreham Hotel, 2500 Calvert Street, Clarice E. Gaylord, 1979 through 1987 meets the program NW, Washington, DC 20008, Phone: Designated Federal Official, National requirement to reduce PM by at least 25 202/234–0700, FAX: 202/265–5333. Environmental Justice Advisory Council. percent. The 1979 through 1987 upgrade The full NEJAC will meet Tuesday, [FR Doc. 95–24358 Filed 9–29–95; 8:45 am] configuration is not certified for 1988 December 12, from 9 a.m. to 7:30 p.m. BILLING CODE 6560±50±P and 1989 model year engines. To and Thursday, December 14 from 1 p.m. receive 25 percent reduction using the to 5 p.m. to discuss the role of the new certified DDC upgrade kit, rebuilds of subcommittees, follow-up on pending [FRL±5307±3] 1988 and 1989 model year engines must items from the July meeting, and discuss Federal Facilities Cleanup Principles be performed using the 1988 and 1989 new business for the NEJAC. A public upgrade configuration. comment period is scheduled from AGENCY: Environmental Protection Operators that have chosen to comply 6:00–7:30 p.m. on Tuesday, December Agency. with program 2 may use the certified 12. ACTION: Notice of availability of DDC equipment, as discussed in the The four subcommittees and the two ‘‘Principles for Environmental Cleanup above paragraph, along with the newly added subcommittees named of Federal Facilities.’’ respective PM certification level from below will meet on Wednesday, Table B when calculating their average December 13, from 8:00 a.m. to 5:00 SUMMARY: The Agency is informing the fleet PM level. p.m. and on Thursday, December 14, public of the availability of ‘‘Principles As stated in the program regulations from 8:00 a.m. to 12:00 p.m. Any for Environmental Cleanup of Federal (40 CFR 85.1401 through 85.1415), member of the public wishing further Facilities,’’ dated August 2, 1995. The 51476 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
Principles were developed by the Dated: September 22, 1995. 148.20(f), that there is a reasonable Federal Facilities Environmental Timothy Fields, Jr., degree of certainty that waste streams Restoration Dialogue Committee Acting Assistant Administrator. containing constituents designated by (FFERDC), a federally chartered [FR Doc. 95–24357 Filed 9–29–95; 8:45 am] these codes will behave hydraulically advisory committee. The FFERDC BILLING CODE 6560±50±P and chemically similarly to wastes for includes members from: national, which BPCI was granted an exemption, regional, and locally based and will not migrate from the injection environmental, community, [FRL±5309±4] zone within 10,000 years. The injection environmental justice, and labor zone is the Middle Run and Mt. Simon Notice of Final Decision To Grant BP organizations; state, tribal, and local Sandstones and the Eau Claire Chemicals, Inc. a Modification of an governments; the U.S. Departments of Formation. The confining zone is Exemption From the Land Disposal Energy, Defense, Agriculture, and comprised of that part of the Knox Restrictions of the Hazardous and Interior; the Environmental Protection Dolomite between 2,100 and 2,430 feet Solid Waste Amendments of 1984 Agency, the National Oceanic and in depth. A fact sheet containing a Regarding Injection of Hazardous Atmospheric Administration, and the summary of the original decision now Wastes Agency for Toxic Substances and being modified was published in the Disease Registry. AGENCY: United States Environmental Federal Register on March 12, 1992, at The Principles are policy Protection Agency. 57 FR 8753 et seq. The fact sheet for this recommendations aimed at improving ACTION: Notice of Final Decision on a modification was published in the the process by which Federal facility Request by BP Chemicals, Inc., of Federal Register on July 24, 1995, at 60 environmental cleanup decisions are Cleveland, Ohio, to Modify an FR 37892 et seq. made, such that these decisions reflect Exemption from the Hazardous and A public notice of the proposed the priorities and concerns of all Solid Waste Amendments of the decision was issued on July 28, 1995, stakeholders. The fourteen Principles Resource Conservation and Recovery and a public meeting was held in Lima, cover the following subjects: Act. Ohio, on August 29, 1995. The public comment period expired on September 1. Nature of the Obligation SUMMARY: Notice is hereby given by the 21, 1995. A number of comments were 2. Sustained Commitment to United States Environmental Protection received and all comments have been Environmental Cleanup Agency (USEPA or Agency) that considered in reaching this final 3. Environmental Justice modification of an exemption to the decision. A responsiveness summary 4. Consistency of Treatment between land disposal restrictions under the has been mailed to all commenters and Federal Facilities and Private Sites 1984 Hazardous and Solid Waste included as part of the Administrative 5. Cleanup Contracting Amendments to the Resource Record relating to this decision. 6. Fiscal Management Conservation and Recovery Act (RCRA) As a result of this action and the May 7. Interdependent Decision-Making has been granted to BP Chemicals, Inc. 7, 1992, exemption, BPCI may inject Roles and Responsibilities (BPCI) of Cleveland, Ohio. As required wastes bearing the following codes: 8. The Role of Negotiated Cleanup by 40 CFR Part 148, BPCI has Agreements demonstrated, to a reasonable degree of Ignitability ...... D001 certainty, that there will be no migration Corrosivity ...... D002 9. Consideration of Human Health Risk Cyanides ...... D003 and Other Factors in Federal of hazardous constituents from the Arsenic ...... D004 Facility Environmental Cleanup injection zone utilized by BPCI’s facility Barium ...... D005 Decision Making located at Lima, Ohio, for as long as the Cadmium ...... D006 10. The Importance of Pollution waste remains hazardous. This Total chromium ...... D007 Prevention and Pollution Control modification allows BPCI to inject Lead ...... D008 Mercury ...... D009 Activities additional RCRA-regulated hazardous wastes, identified by codes: P030, P069, Selenium ...... D010 11. The Role of Future Land Use P101, P120, U007, U056, U149, U191, Silver ...... D011 Determinations in Making Cleanup Multi-source leachate ...... F039 U219, and D035 through four waste Decisions Bottom stream from the wastewater K011 disposal wells (WDWs) at the facility at stripper in the production of acrylo- 12. The Role of Studies in the Cleanup Lima, Ohio. This decision constitutes a Process nitrile. final Agency action for which there is Bottom stream from the acetonitrile K013 13. The Need for a Systematic Approach no administrative appeal. column in the production of acrylo- to Decision Making and Priority BACKGROUND: On May 7, 1992, based on nitrile. Setting information submitted, the U.S. EPA Acetonitrile purification column. Bot- K014 14. Stakeholder Involvement tom stream from the acetonitrile granted BPCI an exemption from the purification column in the produc- FOR FURTHER INFORMATION CONTACT: The land disposal restrictions of the 1984 tion of acrylonitrile. RCRA/Superfund Hotline at (800) 424– Hazardous and Solid Waste Acrolein ...... P003 9346 (in the Washington, D.C. Amendments. On July 10, 1994, BPCI Allyl alcohol ...... P005 metropolitan area, (703) 412–9810). The requested guidance in adding additional Cyanide salts ...... P030 Telecommunications Device for the Deaf waste streams which might be Hydrogen cyanide ...... P063 (TDD) Hotline number is (800) 553– considered RCRA regulated wastes. On Acetone cyanohydrin ...... P069 7672 (in the Washington, D.C. January 30, 1995, BPCI submitted a Potassium cyanide ...... P098 metropolitan area, (703) 412–3323). Or petition to modify the exemption to Propionitrile ...... P101 Sodium cyanide ...... P106 contact Sven-Erik Kaiser, Federal include wastes bearing ten additional Vanadium pentoxide ...... P120 Facilities Restoration and Reuse Office wastes codes. Acetaldehyde ...... U001 (5101), U.S. Environmental Protection After careful review of the material Acetone ...... U002 Agency, 401 M St., S.W., Washington, submitted, the U.S. EPA has Acetonitrile ...... U003 D.C. 20460, (202) 260–5138. determined, as required by 40 CFR Acrylamide ...... U007 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51477
Acrylic acid ...... U008 [FRL±5310±6] Katherine Brown at: Acrylonitrile ...... U009 [email protected]. Common Sense Initiative Council, Iron Benzene ...... U019 FOR FURTHER INFORMATION: For more Chloroform ...... U044 and Steel Sector Subcommittee information about this meeting, please Crotonaldehyde ...... U053 Meeting call either Ms. Mary Byrne at 312–353– Cyclohexane ...... U056 Cyclohexanone ...... U057 AGENCY: Environmental Protection 2315 in Chicago, Illinois or Ms. Judith Methylene chloride ...... U080 Agency (EPA). Hecht at 202–260–5682 in Washington, Formaldehyde ...... U122 ACTION: Notice of open meeting of the DC. Formic acid ...... U123 Public Advisory Common Sense Dated: September 18, 1995. Furan ...... U124 Initiative Council, Iron and Steel Sector Mahesh Podar, Furfural ...... U125 Subcommittee. Designated Federal Officer. Lindane ...... U129 [FR Doc. 95–24454 Filed 9–29–95; 8:45 am] Isobutyl alcohol ...... U140 SUMMARY: Pursuant to the Federal Maleic anhydride ...... U147 Advisory Committee Act, Public Law BILLING CODE 6560±50±P Malononitrile ...... U149 92–463, notice is given that the Iron and Mercury ...... U151 Steel Sector Subcommittee of the [FRL±5307±8] Methacrylonitrile ...... U152 Common Sense Initiative Council will Methanol ...... U154 meet on October 26, 1995 in Public Meeting of the Sanitary Sewer Methyl ethyl ketone ...... U159 Washington, D.C. The Subcommittee is Overflows Dialogue Methyl isobutyl ketone ...... U161 currently overseeing approved projects Nitrobenzene ...... U169 AGENCY: Environmental Protection Phenol ...... U188 and exploring issues related to the iron Agency. and steel industry. Limited time will be 2-Methyl pyridine ...... U191 ACTION: Notice. Pyridine ...... U196 provided for members of the public to Carbon tetrachloride ...... U211 make oral comments at the meeting. SUMMARY: Notice is hereby given that Tetrohydrofuran ...... U213 OPEN MEETING NOTICE: Notice is hereby the Environmental Protection Agency Thiourea ...... U219 given that the Environmental Protection (EPA) is convening a public meeting of Toluene ...... U220 Agency is convening an open meeting of the Sanitary Sewer Overflows (SSOs) Xylene ...... U239 the Iron and Steel Sector Subcommittee dialogue on October 12 and 13, 1995. on Thursday, October 26, 1995. The The meeting has several purposes: (1) BPCI may continue to inject wastes meeting will begin at 8:00 a.m. EST and To discuss goals, objectives and desired containing methyl ethyl ketone run until 4:00 p.m. EST and will be held outcomes for the SSO policy dialogue, designated as D035 as well as wastes at the Georgetown University such as ensuring national consistency containing benzene, carbon Conference Center, 3800 Reservoir and adequate municipal investment in tetrachloride, and pyridine bearing the Road, Washington, D.C. 20057, collection system operation and waste codes D018, D019, and D038, telephone number 202–687–3200. maintenance; (2) to discuss collection respectively, which were considered in Seating will be available on a first come, system operation and maintenance the original demonstration of no first served basis. Limited time will be incentives and strategy; (3) to discuss migration, after those codes are banned provided for public comment. permit and compliance priorities; and from land disposal if the demonstrations The Iron and Steel Subcommittee has (4) to discuss the overall SSO flowchart of no migration for those codes meet the created four work groups which are and components of the flowchart standards promulgated in the final responsible for proposing to the full prepared in draft to describe how a applicable land ban rule. Subcommittee for its review and community should respond to different approval potential activities or projects types of SSOs. The meeting is open to CONDITIONS: General conditions of this that the Iron and Steel Sector the public without need for advance exemption are found at 40 CFR Part 148. Subcommittee will undertake, and for registration. The exemption granted to BPCI on May carrying out projects once approved. DATES: The SSO Dialogue will be held 7, 1992 included a number of The Subcommittee has approved seven on October 12 and 13, 1995. On the conditions. The conditions numbered projects and their work plans. The 12th, the meeting will begin at (1), (2), (3), (5), and (6) remain in force. purpose of this meeting is to discuss in approximately 8:30 a.m. EST and run The condition numbered (4) has been detail the status of projects sponsored until about 5 p.m. On the 13th, the satisfied. by the Compliance and the Innovative meeting will run from about 8:30 a.m. DATES: This action is effective as of Technology work groups, to hear brief until completion. September 22, 1995. status updates from the Permits and ADDRESSES: EPA plans to hold the SSO Brownfields work groups, and to Dialogue at the conference room of FOR FURTHER INFORMATION CONTACT: discuss the role of public participation Resolve, the Center for Environmental Harlan Gerrish, Lead Petition Reviewer, in environmental decision making. Dispute Resolution. The address for U.S. EPA, Region 5, telephone (312) INSPECTION OF SUBCOMMITTEE Resolve is 2828 Pennsylvania Ave. NW, 886–2939. Copies of the petition and all DOCUMENTS: Documents relating to the Suite 402, Washington DC 20007. The pertinent information relating thereto above topics will be publicly available telephone number is (202) 944–2300. are on file and are part of the at the meeting. Thereafter, these However, the Agency’s current contract Administrative Record. It is documents and the minutes of the situation may result in the meeting recommended that you contact the lead meeting will be available for public being held at the alternative site of the reviewer prior to reviewing the inspection in room 2417M of EPA Water Environment Federation, 601 Administrative Record. Headquarters, 401 M Street, SW., Wythe Street, Alexandria, VA 22314. Edward P. Watters, Washington, DC 20460, telephone The Water Environment Federation Acting Director, Water Division. number 202–260–7417. Common Sense telephone number is 703 684–2400. [FR Doc. 95–24450 Filed 9–29–95; 8:45 am] Initiative information can be accessed FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560±50±P electronically through contacting Contact Lam Lim of EPA’s Office of 51478 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
Wastewater Management, at (202) 260– Federal Communications Commission. SUMMARY: This notice amends the notice 7371. William F. Caton, of a major disaster for the U.S. Virgin Dated: September 26, 1995. Acting Secretary. Islands, (FEMA–1067–DR), dated Michael Cook, [FR Doc. 95–24402 Filed 9–29–95; 8:45 am] September 16, 1995, and related determinations. Director, Office of Wastewater Management, BILLING CODE 6712±01±F Designated Federal Official. EFFECTIVE DATE: September 20, 1995. [FR Doc. 95–24359 Filed 9–29–95; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560±50±P FEDERAL EMERGENCY Pauline C. Campbell, Response and MANAGEMENT AGENCY Recovery Directorate, Federal Emergency Management Agency, [FEMA±1068±DR] Washington, DC 20472, (202) 646–3606. FEDERAL COMMUNICATIONS Commonwealth of Puerto Rico; SUPPLEMENTARY INFORMATION: Notice is COMMISSION Amendment to Notice of a Major hereby given that, in a letter dated Disaster Declaration September 20, 1995, the President Public Information Collection amended the cost-sharing arrangements Approved by Office of Management AGENCY: Federal Emergency concerning Federal funds provided and Budget Management Agency (FEMA). under the authority of the Robert T. September 26, 1995. ACTION: Notice. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 51521 et seq.), The Federal Communications SUMMARY: This notice amends the notice in a letter to James L. Witt, Director of Commission (FCC) has received Office of a major disaster for the the Federal Emergency Management of Management and Budget (OMB) Commonwealth of Puerto Rico, (FEMA– Agency, as follows: approval for the following public 1068–DR), dated September 16, 1995, information collections pursuant to the and related determinations. I have determined that the damage in Paperwork Reduction Act of 1980, Pub. certain areas of the U.S. Virgin Islands, EFFECTIVE DATE: September 24, 1995. L. 96–511. You are not required to resulting from Hurricane Marilyn beginning on September 15, 1995 and continuing, is of respond to a collection of information FOR FURTHER INFORMATION CONTACT: Pauline C. Campbell, Response and sufficient severity and magnitude that special unless it displays a currently valid conditions are warranted regarding the cost- control number. For further information Recovery Directorate, Federal Emergency Management Agency, sharing arrangements concerning Federal contact Shoko B. Hair, Federal funds provided under the Robert T. Stafford Communications Commission, (202) Washington, DC 20472, (202) 646–3606. Disaster Relief and Emergency Assistance Act 418–1379. SUPPLEMENTARY INFORMATION: The notice (the Stafford Act). of a major disaster for the Therefore, I amend my September 16, 1995 Federal Communications Commission Commonwealth of Puerto Rico dated major disaster declaration to provide that the OMB Control No.: 3060–0665. September 16, 1995, is hereby amended Federal Emergency Management Agency (FEMA) may reimburse 100 percent of the Expiration Date: 09/30/98. to include the following areas among those areas determined to have been costs of providing direct Federal assistance Title: Section 64.707 - Public for emergency work which FEMA approves Dissemination of Information by adversely affected by the catastrophe through September 24, 1995. You may extend Providers of Operator Services. declared a major disaster by the this assistance for an additional period of President in his declaration of Estimated Annual Burden: 3,488 total time, if warranted. September 16, 1995: annual hours; 8 hours per response; 436 Please notify the Governor of the U.S. Municipalities of Aquas Buenas, Virgin Islands and the Federal Coordinating respondents. Officer of this amendment to my major Description: As required by 47 U.S.C. Barranquitas, Canovanas, Fajardo, Juncos, Loiza, Naguabo, Ceiba, and Comerio for disaster declaration. Section 226(d)(4)(B), Section 64.707 of Individual Assistance and Hazard (Catalog of Federal Domestic Assistance No. the Commission’s rules provides that Mitigation Assistance. 83.516, Disaster Assistance.) operator service providers must Carolina Municipality for Individual James L. Witt, regularly publish and make available Assistance, Public Assistance and Hazard Director. upon request from consumers written Mitigation Assistance. [FR Doc. 95–24426 Filed 9–29–95; 8:45 am] materials that describe any changes in Municipalities of Ciales and San Lorenzo for operator services and choices available Public Assistance and Hazard Mitigation BILLING CODE 6718±02±P to consumers. Assistance. (Catalog of Federal Domestic Assistance No. [FEMA±1067±DR] OMB Control No.: 3060–0666. 83.516, Disaster Assistance.) Expiration Date: 09/30/98. G. Clay Hollister, U.S. Virgin Islands; Amendment to Title: Section 64.703(a) - Consumer Deputy Associate Director, Response and Notice of a Major Disaster Declaration Information—Branding by Operator Recovery Directorate. AGENCY: Federal Emergency Service Providers. [FR Doc. 95–24427 Filed 9–29–95; 8:45 am] Estimated Annual Burden: 1,963,888 Management Agency (FEMA). BILLING CODE 6718±02±P total annual hours; 4504.3 hours per ACTION: Notice. response; 436 respondents. Description: As required by 47 U.S.C. [FEMA±1067±DR] SUMMARY: This notice amends the notice Section 226(b)(1), Section 64.703(a) of of a major disaster for the U.S. Virgin the Commission’s rules provides that U.S. Virgin Islands; Amendment to Islands (FEMA–1067–DR), dated operator service providers disclose to Notice of a Major Disaster Declaration September 16, 1995, and related determinations. consumers at the outset of operator- AGENCY: Federal Emergency EFFECTIVE DATE: September 22, 1995. assisted calls their identify, and, upon Management Agency (FEMA). request, rates for the call, collection FOR FURTHER INFORMATION CONTACT: ACTION: Notice. methods, and complaint procedures. Pauline C. Campbell, Response and Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51479
Recovery Directorate, Federal The notices are available for must be received not later than October Emergency Management Agency, immediate inspection at the Federal 26, 1995. Washington, DC 20472, (202) 646–3606. Reserve Bank indicated. Once the A. Federal Reserve Bank of Atlanta SUPPLEMENTARY INFORMATION: Notice is notices have been accepted for (Zane R. Kelley, Vice President) 104 hereby given that the incident period for processing, they will also be available Marietta Street, N.W., Atlanta, Georgia this disaster is September 15 through for inspection at the offices of the Board 30303: September 17, 1995. of Governors. Interested persons may express their views in writing to the 1. Century South Banks, Inc., (Catalog of Federal Domestic Assistance No. Dahlonega, Georgia; to acquire 100 83.516, Disaster Assistance.) Reserve Bank indicated for that notice percent of the voting shares of Bank of G. Clay Hollister, or to the offices of the Board of Governors. Comments must be received Danielsville, Danielsville, Georgia. Deputy Associate Director, Response and Recovery Directorate. not later than October 16, 1995. B. Federal Reserve Bank of St. Louis [FR Doc. 95–24366 Filed 9–29–95; 8:45 am] A. Federal Reserve Bank of Chicago (Randall C. Sumner, Vice President) 411 (James A. Bluemle, Vice President) 230 BILLING CODE 6718±02±P Locust Street, St. Louis, Missouri 63166: South LaSalle Street, Chicago, Illinois 1. First United Bancorp, Inc., 60690: Madisonville, Kentucky; to become a [FEMA±1067±DR] 1. Nancy A. Rigler, Sycamore, Illinois, bank holding company by acquiring 100 John P. Rigler, New Hampton, Iowa, and U.S. Virgin Islands; Amendment to Robert E. Rigler, Alexandria, Virginia, percent of the voting shares of First Notice of a Major Disaster Declaration each to acquire an additional 6.44 United Bank of Hopkins County, Inc., Madisonville, Kentucky, de novo bank. AGENCY: Federal Emergency percent, for a total of 26.18 percent Management Agency (FEMA). each, of the voting shares of Rigler C. Federal Reserve Bank of Kansas ACTION: Notice. Investment Co., New Hampton, Iowa, City (John E. Yorke, Senior Vice and thereby indirectly acquire Security President) 925 Grand Avenue, Kansas SUMMARY: This notice amends the notice State Bank, New Hampton, Iowa. City, Missouri 64198: of a major disaster for the U.S. Virgin Board of Governors of the Federal Reserve 1. Coronado, Inc., Sterling, Kansas; to Islands (FEMA–1067–DR), dated System, September 26, 1995. acquire 100 percent of the voting shares September 16, 1995, and related Jennifer J. Johnson, of Lyons Bankshares, Inc., Lyons, determinations. Deputy Secretary of the Board. Kansas, and thereby indirectly acquire EFFECTIVE DATE: September 24, 1995. [FR Doc. 95–24408 Filed 9–29–95; 8:45 am] Coronado Bank of Lyons, Lyons, Kansas. FOR FURTHER INFORMATION CONTACT: BILLING CODE 6210±01±F Pauline C. Campbell, Response and Board of Governors of the Federal Reserve Recovery Directorate, Federal System, September 26, 1995. Emergency Management Agency, Century South Banks, Inc., et al.; Jennifer J. Johnson, Washington, DC 20472, (202) 646–3606. Formations of; Acquisitions by; and Deputy Secretary of the Board. SUPPLEMENTARY INFORMATION: Notice is Mergers of Bank Holding Companies [FR Doc. 95–24409 Filed 9–29–95; 8:45 am] hereby given that as authorized by the BILLING CODE 6210±01±F President in a letter dated September 20, The companies listed in this notice 1995, FEMA is extending 100 percent have applied for the Board’s approval Federal funding for direct Federal under section 3 of the Bank Holding assistance emergency work for the U.S. Company Act (12 U.S.C. 1842) and § GOVERNMENT PRINTING OFFICE Virgin Islands approved by FEMA 225.14 of the Board’s Regulation Y (12 through September 29, 1995. CFR 225.14) to become a bank holding Depository Library Council to the company or to acquire a bank or bank (Catalog of Federal Domestic Assistance No. Public Printer; Meeting 83.516, Disaster Assistance.) holding company. The factors that are considered in acting on the applications G. Clay Hollister, The Depository Library Council to the are set forth in section 3(c) of the Act Public Printer (DLC) will hold its Fall Deputy Associate Director, Response and (12 U.S.C. 1842(c)). Recovery Directorate. 1995 meeting on Monday, October 16, Each application is available for 1995, through Wednesday, October 18, [FR Doc. 95–24424 Filed 9–29–95; 8:45am] immediate inspection at the Federal BILLING CODE 6718±02±M 1995, in Memphis, Tennessee. The Reserve Bank indicated. Once the meeting sessions will take place from application has been accepted for 8:30 a.m. until 5 p.m. on Monday and processing, it will also be available for FEDERAL RESERVE SYSTEM Tuesday, and from 8:30 a.m. until 11 inspection at the offices of the Board of a.m. on Wednesday. The sessions will Governors. Interested persons may Nancy A. Rigler, et al.; Change in Bank be held at the East Memphis Hilton, express their views in writing to the Control Notices; Acquisitions of 5069 Sanderlin Avenue, Memphis, Reserve Bank or to the offices of the Shares of Banks or Bank Holding Tennessee 38117. The purpose of this Board of Governors. Any comment on Companies meeting is to discuss the Federal an application that requests a hearing Depository Library Program. The The notificants listed below have must include a statement of why a applied under the Change in Bank written presentation would not suffice meeting is open to the public. Control Act (12 U.S.C. 1817(j)) and § in lieu of a hearing, identifying A limited number of hotel rooms have 225.41 of the Board’s Regulation Y (12 specifically any questions of fact that been reserved at the East Memphis CFR 225.41) to acquire a bank or bank are in dispute and summarizing the Hilton for anyone needing hotel holding company. The factors that are evidence that would be presented at a accommodations. Telephone: 1–800– considered in acting on the notices are hearing. HILTONS or 901–767–6666; FAX: 901– set forth in paragraph 7 of the Act (12 Unless otherwise noted, comments 683–8563. Please specify the Depository U.S.C. 1817(j)(7)). regarding each of these applications Library Council when you contact the 51480 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices hotel. Room cost per night is $57 single Allocations Regions (II, VI and IX— telecommunications, and other ADP and $67 double. AD2L5, AD6L5 and AD9L5), Division of related services; (4) centralized Michael F. DiMario, Financial Systems Operations (AMN51); procurement and acquisition; (5) Public Printer. Division of Financial Systems Design building management and facilities and [FR Doc. 95–24418 Filed 9–29–95; 8:45 am] and Analysis (AMN72); Division of Cost logistics support management; and (6) BILLING CODE 1505±02±M Allocation and Liaison (AMN64); accounting, fiscal and cost allocation Division of ADP Review (AMN63); services. Division of Support Services (AMMH3); A. Office of the Director (PA). The DEPARTMENT OF HEALTH AND Materiels Management Branch (AMQ PSC Director is responsible to the HUMAN SERVICES 22); and Residual Regional Secretary in managing and directing the Administrative Support Center PSC. The Office functions include: (1) Organization, Functions, and functions from (RD1–X). Providing leadership for the Delegations of Authority; B. From the Public Health Service the implementation of the PSC Establishment of Program Support following components and functions: responsibilities in accomplishing its Center 1. From the Office of the Assistant mission; (2) providing staff support to Secretary for Health (OASH) (HA)—the the Director of the PSC; (3) developing Under the authority of Section 6 of OASH Executive Office (HAU5); customer service strategic and Reorganization Plan No. 1 of 1953 and Administrative Services Center (HAU1); marketing plans; and (4) coordinating pursuant to the authorities vested in me Division of Commissioned Personnel publication of reports to HHS as Secretary of Health and Human (HAN2); Parklawn Training Center management, customers and employees. Services, I hereby establish the Program (HAU363); Division of Human Support Center within the Department III. Continuation of Regulations. Resources Information (HAU38); Except as inconsistent with this of Health and Human Services, under a Division of Payment Management new Part (P) of the Statement of reorganization, all regulations, rules, (HAU45); Surplus Real Property orders, statements of policy and Organization, Functions and function from within (HAU434); and Delegations of Authority. In addition interpretations with respect to the Office Board for Corrections of PHS of the Secretary, and the Public Health this Notice amends: Part A, Chapter AM Commissioned Corps Personnel Records ‘‘HHS Management and Budget Office,’’ Service heretofore issued and in effect from within (HAU2) prior to the date of this Reorganization, as last amended at 57 FR 8334 1993; and 2. From the Food and Drug or to become effective subsequent to Chapter AH ‘‘Office of the Assistant Administration (HF)—Parklawn said date are continued in full force and Secretary for Personnel Computer Center (HFA715) Administration,’’ as last amended at 57 3. From the Health Resources and effect. FR 7391; and Part H, as follows: Chapter Services Administration (HB)—the IV. Prior Statements of Organization, HA, ‘‘Office of the Assistant Secretary Division of Fiscal Services (HBA47) Functions and Delegations of Authority. for Health,’’ as last amended at 60 FR From the Indian Health Service A. To the extent inconsistent with this 18418–9; Chapter HB, ‘‘Health (HG)—Perry Point Supply Service Reorganization, all previous statements Resources and Services Center from within (HFA272) of organizations, functions and Administration,’’ as last amended at 60 II. Establish Part P, Program Support delegations of authority, as well as FR 29858–62; Chapter HF, ‘‘Food and Center (PSC), of the Statement of applicable present Chapters of the Drug Administration,’’ as last amended Organization, Functions, and Department’s Organizational Manual are at 60 FR 44503; and Chapter HG ‘‘Indian Delegations of authority of the hereby superseded by this Health Service,’’ as last amended at 58 Department of Health and Human Reorganization, except that pending FR 36696. Services to read as follows: further redelegation, all delegations to The Program Support Center will the Heads of the affected components to Chapter P, Program Support Center serve as a customer service center to be transferred to the PSC are vested with (PSC) provide a wide range of administrative the Director, Program Support Center, support services to components of the P.00 Mission. The Program Support with authority to redelegate, consistent Department and other Federal agencies. Center (PSC) provides a wide range of with this Reorganization and the Establishing the Program Support support and administrative services provisions of the respective delegations. Center results in organization changes nationwide to the operating components In addition, the PSC Director is also that will: of the Department of Health and Human granted authority to approve the I. Delete the following components Services and other Federal agencies. establishment of the PSC’s and functions from the Office of the P.10 Organization. The Program organizational substructure. Secretary and the Public Health Service Support Center is established as an B. All redelegations of authorities and transfer them to the Program Operating Division of the Department. made to the Heads of the organizational Support Center: The Program Support Center shall be units transferred by this Reorganization A. From Part A, the Office of the under the direction of a Director who and to any other officer or employee of Secretary, the following components reports to the Secretary. the Department of Health and Human and functions: P.20 Functions. The functions of the Services and all further redelegations of 1. From the Office of the Assistant Program Support Center (PSC) will such authorities in effect immediately Secretary for Personnel Administration include administrative responsibilities prior to the effective date of this (AH), the Office of Human Resource which include, but are not limited to, Reorganization shall continue in effect Information Management (AHF) and the the following functions: (1) Payroll pending further redelegation. Personnel Operations Division (AHH3). management and human resources 2. From the Office of the Assistant services for civilian and commissioned Dated: September 25, 1995. Secretary for Management and Budget personnel; (2) payment management, Donna E. Shalala, (AM): Office of Financial Operations which pays for grants and contracts; (3) Secretary. (AMN5); Division of Accounting information systems, including local [FR Doc. 95–24386 Filed 9–29–95; 8:45 am] Operations (AMN52); Divisions of Cost and wide-area network, BILLING CODE 4160±17±M Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51481
DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND unless prior written notification is HUMAN SERVICES HUMAN SERVICES received. Type of meeting and contact person. Office of Disease Prevention and Food and Drug Administration Health Promotion Open public hearing, 8 a.m. to 9 a.m., Advisory Committees; Notice of unless public participation does not last DEPARTMENT OF AGRICULTURE Meetings that long; open committee discussion, 9 a.m. to 3 p.m.; closed committee Agricultural Research Service AGENCY: Food and Drug Administration, deliberations, 3 p.m. to 6 p.m.; Mary J. HHS. Cornelius, Center for Devices and National Nutrition Monitoring Advisory ACTION: Notice. Radiological Health (HFZ–470), Food Council: Notice of Meeting SUMMARY: This notice announces and Drug Administration, 9200 SUMMARY: The National Nutrition forthcoming meetings of public advisory Corporate Blvd., Rockville, MD 20850, Monitoring Advisory Council intends to committees of the Food and Drug 301–594–2194, or FDA Advisory hold its seventh meeting on October 24 Administration (FDA). This notice also Committee Information Hotline, 1–800– from 9 a.m. to approximately 5:00 p.m. summarizes the procedures for the 741–8138 (301–443–0572 in the E.S.T., and October 25 from 9:00 a.m. to meetings and methods by which Washington, DC area) Gastroenterology 1:00 p.m. E.S.T., in the Williamsburg interested persons may participate in and Urology Devices Panel, code 12523. Room (104A) in the Jamie Whitten open public hearings before FDA’s General function of the committee. USDA Administration Building, 14th advisory committees. Street and Independent Avenue, S.W., The committee reviews and evaluates FDA has established an Advisory data on the safety and effectiveness of Washington, D.C. 20250. The meeting Committee Information Hotline (the will be held pending the availability of marketed and investigational devices hotline) using a voice-mail telephone and makes recommendations for their Fiscal Year 1996 funds. It will be open system. The hotline provides the public to the public; seating is limited. regulation. with access to the most current FOR FURTHER INFORMATION CONTACT: Dr. information on FDA advisory committee Agenda—Open public hearing. Linda Meyers, HHS Co-Executive meetings. The advisory committee Interested persons may present data, Secretary to the Council, U.S. hotline, which will disseminate current information, or views, orally or in Department of Health and Human information and information updates, writing, on issues pending before the Services, Office of Disease Prevention can be accessed by dialing 1–800–741– committee. Those desiring to make and Health Promotion, Room 2132, 8138 or 301–443–0572. Each advisory formal presentations should notify the Switzer Building, 330 C Street, S.W., committee is assigned a 5-digit number. contact person before October 13, 1995, Washington, D.C. 20201, (202) 205– This 5-digit number will appear in each and submit a brief statement of the 9007. individual notice of meeting. The general nature of the evidence or SUPPLEMENTARY INFORMATION: The hotline will enable the public to obtain arguments they wish to present, the Nutrition Monitoring Advisory Council information about a particular advisory names and addresses of proposed was established by Public Law 101–445 committee by using the committee’s 5- participants, and an indication of the to evaluate the scientific and technical digit number. Information in the hotline approximate time required to make their quality of the Ten-year Comprehensive is preliminary and may change before a comments. Plan for the National Nutrition meeting is actually held. The hotline Monitoring and Related Research will be updated when such changes are Open committee discussion. The Program and the effectiveness of the made. committee will discuss general issues coordinated program and to provide MEETINGS: The following advisory related to a premarket approval guidance to the Secretaries of USDA and committee meetings are announced: application for an electromagnetic HHS that include recommendations for device intended to treat benign prostatic strengthening the Program. Gastroenterology and Urology Devices hyperplasia using localized heat. The Council meeting agenda will Panel of the Medical Devices Advisory Closed committee deliberations. FDA include updates and discussion on Committee progress related to the Ten-Year Plan for staff will present to the committee trade Nutrition Monitoring and Related Date, time, and place. October 20, secret and/or confidential commercial Research and discussion of the 1995, 8 a.m., Corporate Bldg., ground information regarding medical devices. Council’s annual report to the floor conference room, 9200 Corporate This portion of the meeting will be Secretaries. Blvd., Rockville, MD. A limited number closed to permit discussion of this The public may file statements with of overnight accommodations have been information (5 U.S.C. 552b(c)(4)). the Council before or after the meeting reserved at the Gaithersburg Marriott by addressing them to either of the Washingtonian Hotel, 9751 Obstetrics and Gynecology Devices contact persons listed above. Please call Washingtonian Blvd., Gaithersburg, MD. Panel of the Medical Devices Advisory Linda Meyers (202/205–9007) by Attendees requiring overnight Committee October 14 if you will require a sign accommodations may contact the hotel language interpreter. at 301–590–0044 and reference the FDA Date, time, and place. October 23, Done at Washington, D.C. this 25th day of Panel meeting block. Reservations will 1995, 8:30 a.m., and October 24, 1995, September, 1995. be confirmed at the group rate based on 7:30 a.m., DoubleTree Hotel, Ballroom, James A. Harrell, availability. Attendees with a disability 1750 Rockville Pike, Rockville, MD. A Acting Director, Office of Disease Prevention requiring special accommodations limited number of overnight and Health Promotion, U.S. Department of should contact Ed Rugenstein, accommodations have been reserved at Health and Human Services. Sociometrics, Inc., 301–608–2151. The the hotel. Attendees requiring overnight [FR Doc. 95–24388 Filed 9–29–95; 8:45 am] availability of appropriate accommodations may contact the hotel BILLING CODE 4160±17±M accommodations cannot be assured 51482 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices at 301–468–1100 and reference the FDA Small Manufacturers Assistance, 1350 hear presentations on recent acellular Panel meeting block. Reservations will Piccard Dr., Rockville, MD 20851, 1– pertussis trials sponsored by the Public be confirmed at the group rate based on 800–638–2041. Health Service, and on a new strategic availability. Attendees with a disability Closed committee deliberations. On plan for the year 2004 developed by the requiring special accommodations October 24, 1995, FDA staff will present Center for Biologics Evaluation and should contact Ed Rugenstein, to the committee trade secret and/or Research. The committee will also Sociometrics, Inc., 301–608–2151. The confidential commercial information consider whether a single formulation availability of appropriate regarding various medical devices used for pneumococcal conjugate vaccines accommodations cannot be assured in obstetrics and gynecology that are should be adopted for children in the unless prior written notification is currently being evaluated by FDA. This United States. On October 27, l995, the received. portion of the meeting will be closed to committee will discuss a draft Points to Type of meeting and contact person. permit discussion of this information (5 Consider document addressing the Open public hearing, October 23, 1995, U.S.C. 552b(c)(4)). evaluation of combination vaccines. 8:30 a.m. to 9:30 a.m., unless public Copies of the document will be participation does not last that long; Vaccines and Related Biological available at the meeting. open committee discussion, 9:30 a.m. to Products Advisory Committee Closed committee deliberations. On 5 p.m.; closed committee deliberations, October 26 and 27, l995, the committee October 24, 1995, 7:30 a.m. to 8:30 a.m.; Date, time, and place. October 26 and 27, 1995, 8 a.m., Parklawn Bldg., will review trade secret and/or open public hearing, 8:30 a.m. to 9:30 confidential commercial information a.m., unless public participation does conference rooms D and E, 5600 Fishers Lane, Rockville, MD. relevant to pending investigational new not last that long; open committee drug applications or product licensing discussion, 9:30 a.m. to 5 p.m.; Alfred Type of meeting and contact person. Open committee discussion, October 26, applications. These portions of the W. Montgomery, Center for Devices and meeting will be closed to permit Radiological Health (HFZ–470), Food 1995, 8 a.m. to 8:15 a.m.; open public hearing, 8:15 a.m. to 8:45 a.m., unless discussion of this information (5 U.S.C. and Drug Administration, 9200 552b(c)(4)). Corporate Blvd., Rockville, MD 20850, public participation does not last that 301–594–1180, or FDA Advisory long; open committee discussion, 8:45 Medical Imaging Drugs Advisory Committee Information Hotline, 1–800– a.m. to 1:30 p.m.; closed committee Committee 741–8138 (301–443–0572 in the deliberations, 1:30 p.m. to 2:30 p.m.; Washington, DC area) Obstetrics and open committee discussion, 2:30 p.m. to Date, time, and place. October 26 and Gynecology Devices Panel, code 12524. 6 p.m.; closed committee deliberations, 27, 1995, 8 a.m., Holiday Inn, Plaza General function of the committee. October 27, 1995, 8 a.m. to 12:30 p.m.; Ballroom, 8777 Georgia Ave., Silver The committee reviews and evaluates open public hearing, 12:30 p.m. to 1 Spring, MD. data on the safety and effectiveness of p.m., unless public participation does Type of meeting and contact person. marketed and investigational devices not last that long; open committee Open public hearing, October 26, 1995, and makes recommendations for their discussion, 1 p.m. to 5:15 p.m.; Nancy 8 a.m. to 9 a.m., unless public regulation. T. Cherry or Sandy M. Salins, Center for participation does not last that long; Agenda—Open public hearing. Biologics Evaluation and Research closed committee deliberations, 9 a.m. Interested persons may present data, (HFM–21), Food and Drug to 11 a.m.; open committee discussion, information, or views, orally or in Administration, 1401 Rockville Pike, 11 a.m. to 4 p.m.; open committee writing, on issues pending before the Rockville, MD 20852, 301–827–0314, or discussion, October 27, 1995, 8 a.m. to committee. Those desiring to make FDA Advisory Committee Information 4 p.m.; Leander B. Madoo (HFD–9), formal presentations should notify the Hotline, 1–800–741–8138 (301–443– Center for Drug Evaluation and contact person before October 4, 1995, 0572 in the Washington, DC area), Research, Food and Drug and submit a brief statement of the Vaccines and Related Biological Administration, 5600 Fishers Lane, general nature of the evidence or Products Advisory Committee, code Rockville, MD 20857, 301–443–4695, or arguments they wish to present, the 12388. FDA Advisory Committee Information names and addresses of proposed General function of the committee. Hotline, 1–800–741–8138 (301–443– participants, and an indication of the The committee reviews and evaluates 0572 in the Washington, DC area), approximate time required to make their data on the safety and effectiveness of Medical Imaging Drugs Advisory comments. vaccines intended for use in the Committee, code 12540. Open committee discussion. On diagnosis, prevention, or treatment of General function of committee. The October 23, 1995, the committee will human diseases. committee reviews and evaluates data consider a list of devices used for in Agenda—Open public hearing. concerning the safety and effectiveness vitro fertilization and other assisted Interested persons may present data, of marketed and investigational human reproduction technologies. The information, or views, orally or in drug products for use in diagnostic and committee will provide expert advice on writing, on issues pending before the therapeutic procedures using these devices that will be used to committee. Those desiring to make radioactive pharmaceuticals and develop 510(k) guidance. On October formal presentations should notify the contrast media used in diagnostic 24, 1995, the committee will consider a contact person before October 18, 1995, radiology. draft guidance document on the and submit a brief statement of the Agenda—Open public hearing. preparation of an investigational device general nature of the evidence or Interested persons may present data, exemption for thermal endometrial arguments they wish to present, the information, or views, orally or in ablation devices. Single copies of the names and addresses of proposed writing, on issues pending before the list of in vitro fertilization devices and participants, and an indication of the committee. Those desiring to make the guidance document for thermal approximate time required to make their formal presentations should notify the endometrial ablation devices are comments. contact person before October 12, 1995, available to the public after October 1, Open committee discussion. On and submit a brief statement of the 1995, by contacting the Division of October 26, 1995, the committee will general nature of the evidence or Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51483 arguments they wish to present, the or in writing, prior to the meeting. Any disclosure is likely to significantly names and addresses of proposed person attending the hearing who does frustrate implementation of proposed participants, and an indication of the not in advance of the meeting request an agency action; review of trade secrets approximate time required to make their opportunity to speak will be allowed to and confidential commercial or comments. make an oral presentation at the financial information submitted to the Open committee discussion. The hearing’s conclusion, if time permits, at agency; consideration of matters committee will hold a preliminary the chairperson’s discretion. involving investigatory files compiled discussion in preparation for drafting of The agenda, the questions to be for law enforcement purposes; and future ‘‘Points to Consider for addressed by the committee, and a review of matters, such as personnel Diagnostic Imaging Agents’’. current list of committee members will records or individual patient records, Closed committee deliberations. The be available at the meeting location on where disclosure would constitute a committee will be briefed on the day of the meeting. clearly unwarranted invasion of confidential commercial information Transcripts of the open portion of the personal privacy. relevant to pending IND’s and NDA’s. meeting may be requested in writing Examples of portions of FDA advisory This portion of the meeting will be from the Freedom of Information Office committee meetings that ordinarily shall closed to permit discussion of this (HFI–35), Food and Drug not be closed include the review, information (5 U.S.C. 552b(c)(4)). Administration, rm. 12A–16, 5600 discussion, and evaluation of general Each public advisory committee Fishers Lane, Rockville, MD 20857, preclinical and clinical test protocols meeting listed above may have as many approximately 15 working days after the and procedures for a class of drugs or as four separable portions: (1) An open meeting, at a cost of 10 cents per page. devices; consideration of labeling public hearing, (2) an open committee The transcript may be viewed at the requirements for a class of marketed discussion, (3) a closed presentation of Dockets Management Branch (HFA– drugs or devices; review of data and data, and (4) a closed committee 305), Food and Drug Administration, information on specific investigational deliberation. Every advisory committee rm. 1–23, 12420 Parklawn Dr., or marketed drugs and devices that have meeting shall have an open public Rockville, MD 20857, approximately 15 previously been made public; hearing portion. Whether or not it also working days after the meeting, between presentation of any other data or includes any of the other three portions the hours of 9 a.m. and 4 p.m., Monday information that is not exempt from will depend upon the specific meeting through Friday. Summary minutes of public disclosure pursuant to the FACA, involved. The dates and times reserved the open portion of the meeting may be as amended; and, deliberation to for the separate portions of each requested in writing from the Freedom formulate advice and recommendations committee meeting are listed above. of Information Office (address above) to the agency on matters that do not The open public hearing portion of beginning approximately 90 days after independently justify closing. each meeting shall be at least 1 hour the meeting. This notice is issued under section long unless public participation does The Commissioner has determined for 10(a)(1) and (2) of the Federal Advisory not last that long. It is emphasized, the reasons stated that those portions of Committee Act (5 U.S.C. app. 2), and however, that the 1 hour time limit for the advisory committee meetings so FDA’s regulations (21 CFR part 14) on an open public hearing represents a designated in this notice shall be closed. advisory committees. minimum rather than a maximum time The Federal Advisory Committee Act for public participation, and an open (FACA) (5 U.S.C. app. 2, 10(d)), permits Dated: September 26, 1995. public hearing may last for whatever such closed advisory committee David A. Kessler, longer period the committee meetings in certain circumstances. Commissioner of Food and Drugs. chairperson determines will facilitate Those portions of a meeting designated [FR Doc. 95–24354 Filed 9–29–95; 8:45 am] the committee’s work. as closed, however, shall be closed for BILLING CODE 4160±01±F Public hearings are subject to FDA’s the shortest possible time, consistent guideline (subpart C of 21 CFR part 10) with the intent of the cited statutes. concerning the policy and procedures The FACA, as amended, provides that Health Care Financing Administration for electronic media coverage of FDA’s a portion of a meeting may be closed public administrative proceedings, where the matter for discussion involves [ORD±079±N] including hearings before public a trade secret; commercial or financial New and Pending Demonstration advisory committees under 21 CFR part information that is privileged or Project Proposals Submitted Pursuant 14. Under 21 CFR 10.205, confidential; information of a personal to Section 1115(a) of the Social representatives of the electronic media nature, disclosure of which would be a Security Act: June 1995 may be permitted, subject to certain clearly unwarranted invasion of limitations, to videotape, film, or personal privacy; investigatory files AGENCY: Health Care Financing otherwise record FDA’s public compiled for law enforcement purposes; Administration (HCFA). administrative proceedings, including information the premature disclosure of ACTION: Notice. presentations by participants. which would be likely to significantly Meetings of advisory committees shall frustrate implementation of a proposed SUMMARY: This notice lists new be conducted, insofar as is practical, in agency action; and information in proposals for Medicaid demonstration accordance with the agenda published certain other instances not generally projects submitted to the Department of in this Federal Register notice. Changes relevant to FDA matters. Health and Human Services during the in the agenda will be announced at the Examples of portions of FDA advisory month of June 1995 under the authority beginning of the open portion of a committee meetings that ordinarily may of section 1115 of the Social Security meeting. be closed, where necessary and in Act. This notice also lists proposals that Any interested person who wishes to accordance with FACA criteria, include were approved, disapproved, pending, be assured of the right to make an oral the review, discussion, and evaluation or withdrawn during this time period. presentation at the open public hearing of drafts of regulations or guidelines or This notice also lists a new proposal portion of a meeting shall inform the similar preexisting internal agency that was submitted to the Department in contact person listed above, either orally documents, but only if their premature March 1995 but was inadvertently 51484 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices omitted from the notice of new II. Listing of New Proposal for the Federal Project Officer: Maria proposals published in the Federal Month of March 1995 Boulmetis, Health Care Financing Register for that month. (This notice can The following comprehensive health Administration, Office of Research and be accessed on the Internet at HTTP:// reform proposal was submitted during Demonstrations, Mail Stop C3–18–26, WWW.SSA.GOV/HCFA/ the month of March 1995 but was 7500 Security Boulevard, Baltimore, MD HCFAHP2.HTML.) inadvertently omitted from the listing of 21244–1850. COMMENTS: We will accept written new proposals for that month. This 2. Pending Proposals comments on these proposals. We will, proposal is also included under the if feasible, acknowledge receipt of all Demonstration Title/State: Arizona listing of pending comprehensive health Health Care Cost Containment System comments, but we will not provide reform proposals for the month of June written responses to comments. We (AHCCCS)—Arizona. 1995. Description: Arizona proposes to will, however, neither approve nor Demonstration Title/State: The disapprove any new proposal for at least expand eligibility under its current Partnership Plan—New York. section 1115 AHCCCS program to 30 days after the date of this notice to Description: New York proposes to allow time to receive and consider persons with incomes up to 100 percent move most of the currently eligible of the Federal poverty level. comments. Direct comments as Medicaid population and Home Relief indicated below. Date Received: March 17, 1995. (General Assistance) populations from a State Contact: Mabel Chen, M.D., ADDRESSES: Mail correspondence to: primarily fee-for-service system to a Director, Arizona Health Care Cost Susan Anderson, Office of Research and managed care environment. The State Containment System, 801 East Jefferson, Demonstrations, Health Care Financing also proposes to establish special needs Phoenix, AZ 85034, (602) 271–4422. Administration, Mail Stop C3–11–07, plans to serve individuals with HIV/ Federal Project Officer: Joan Peterson, 7500 Security Boulevard, Baltimore, MD AIDS and certain children with mental Health Care Financing Administration, 21244–1850. illnesses. The proposed enrollment date Office of Research and Demonstrations, FOR FURTHER INFORMATION CONTACT: for Home Relief and Aid to Families Mail Stop C3–18–26, 7500 Security Susan Anderson, (410) 786–3996. with Dependent Children (AFDC) Boulevard, Baltimore, MD 21244–1850. Demonstration Title/State: MediPlan SUPPLEMENTARY INFORMATION: recipients is November 1, 1995, followed by a one year enrollment Plus—Illinois. I. Background period for the SSI population beginning Description: Illinois seeks to develop Under section 1115 of the Social January 1, 1997. a managed care delivery system using a Security Act (the Act), the Department Date Received: March 17, 1995. series of networks, either local or of Health and Human Services (HHS) State Contact: Richard T. Cody, statewide, to tailor its Medicaid delivery may consider and approve research and Deputy Commissioner, Division of system to the needs of local urban demonstration proposals with a broad Health and Long Term Care, 40 North neighborhoods or large rural areas. range of policy objectives. These Pearl Street, Albany, NY 12243, (518) Date Received: September 15, 1994. demonstrations can lead to 474–9132. State Contact: Tom Toberman, Manager, Federal/State Monitoring, 201 improvements in achieving the Federal Project Officer: Debbie Van South Grand Avenue East, Springfield, purposes of the Act. Hoven, Health Care Financing IL 62763, (217) 782–2570. In exercising her discretionary Administration, Office of Research and Federal Project Officer: Gina Clemons, authority, the Secretary has developed a Demonstrations, Mail Stop C3–18–26, Health Care Financing Administration, number of policies and procedures for 7500 Security Boulevard, Baltimore, MD Office of Research and Demonstrations, reviewing proposals. On September 27, 21244–1850. Mail Stop C3–18–26, 7500 Security 1994, we published a notice in the III. Listing of New, Pending, Approved, Boulevard, Baltimore, MD 21244–1850. Federal Register (59 FR 49249) that Demonstration Title/State: specified (1) the principles that we and Withdrawn Proposals for the Month of June 1995 Community Care of Kansas—Kansas. ordinarily will consider when Description: Kansas proposes to approving or disapproving A. Comprehensive Health Reform implement a ‘‘managed cooperation demonstration projects under the Programs demonstration project’’ in four authority in section 1115(a) of the Act; 1. New Proposals predominantly rural counties, and to (2) the procedures we expect States to assess the success of a non-competitive use in involving the public in the The following comprehensive health managed care model in rural areas. The development of proposed demonstration reform proposal was received during the demonstration would enroll recipients projects under section 1115; and (3) the month of June: currently eligible in the AFDC and procedures we ordinarily will follow in Demonstration Title/State: Kentucky AFDC-related eligibility categories, and reviewing demonstration proposals. We Health Care Partnership—Kentucky. expand Medicaid eligibility to children are committed to a thorough and Description: Kentucky proposes to ages 5 and under with family incomes expeditious review of State requests to enroll all non-institutional AFDC, up to 200 percent of the Federal poverty conduct such demonstrations. AFDC-related, and Aged, Blind, and level. As part of our procedures, we publish Disabled Medicaid eligibles into Date Received: March 23, 1995. a notice in the Federal Register with a regional managed care networks State Contact: Karl Hockenbarger, monthly listing of all new submissions, operated by a sole-source contractor. Kansas Department of Social and pending proposals, approvals, The proposed start date of the Rehabilitation Services, 915 Southwest disapprovals, and withdrawn proposals. demonstration is December 1, 1995. Harrison Street, Topeka, KS 66612, Proposals submitted in response to a Date Received: June 19, 1995. (913) 296–4719. grant solicitation or other competitive State Contact: Larry A. McCarthy, Federal Project Officer: Jane Forman, process are reported as received during Director, Program Development and Health Care Financing Administration, the month that such grant or bid is Budget, Department of Medicaid Office of Research and Demonstrations, awarded, so as to prevent interference Services, 275 East Main Street, Mail Stop C3–21–04, 7500 Security with the awards process. Frankfort, KY 40621, (406) 444–4540. Boulevard, Baltimore, MD 21244–1850. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51485
Demonstration Title/State: Louisiana Federal Project Officer: Maria Description: Vermont proposes to Health Access—Louisiana. Boulmetis, Health Care Financing integrate Medicaid recipients into Description: Louisiana proposes to Administration, Office of Research and managed care plans and expand implement a fully capitated statewide Demonstrations, Mail Stop C3–18–26, coverage to uninsured individuals up to managed care program. A basic benefit 7500 Security Boulevard, Baltimore, MD 150 percent of the Federal poverty level. package and a behavioral health and 21244–1850. The State also proposes to provide pharmacy wrap-around would be Demonstration Title/State: The pharmacy coverage to low-income administered through the managed care Partnership Plan—New York. Medicare beneficiaries. plans. The State intends to expand Description: New York proposes to Date Received: February 24, 1995. Medicaid eligibility to persons with move most of the currently eligible State Contact: Veronica Celani, Health incomes up to 250 percent of the Medicaid population and Home Relief Policy Director, Vermont Agency of Federal poverty level (FPL); those with (General Assistance) populations from a Human Services, 103 State Street, incomes above 133 percent of the FPL primarily fee-for-service system to a Waterbury, VT 05671, (802) 828–2949. would pay all or a portion of premiums. managed care environment. The State Federal Project Officer: Sherrie Fried, Date Received: January 3, 1995. also proposes to establish special needs Health Care Financing Administration, State Contact: Carolyn Maggio, plans to serve individuals with HIV/ Office of Research and Demonstrations, Executive Director, Bureau of Research AIDS and certain children with mental Mail Stop C3–18–26, 7500 Security and Development, Louisiana illnesses. The proposed enrollment date Boulevard, Baltimore, MD 21244–1850. Department of Health and Hospitals, for Home Relief and Aid to Families 3. Approved Conceptual Proposals P.O. Box 2870, Baton Rouge, LA 70821– with Dependent Children (AFDC) (Awards of Waivers Pending) 2871, (504) 342–2964. recipients is November 1, 1995, Federal Project Officer: Gina Clemons, followed by a 1-year enrollment period No conceptual proposals were Health Care Financing Administration, for the SSI population beginning approved during the month of June. Office of Research and Demonstrations, January 1, 1997. 4. Approved Grant Proposals (Award of Mail Stop C3–18–26, 7500 Security Date Received: March 17, 1995. Waivers Pending) Boulevard, Baltimore, MD 21244–1850. State Contact: Richard T. Cody, No grant proposals were awarded Demonstration Title/State: Missouri. Deputy Commissioner, Division of Description: Missouri proposes to during the month of June. Health and Long Term Care, 40 North require Medicaid beneficiaries to enroll Pearl Street, Albany, NY 12243, (518) 5. Approved Proposals in managed care delivery systems, and 474–9132. extend Medicaid eligibility to persons No comprehensive health reform Federal Project Officer: Debbie Van with incomes below 200 percent of the proposals were approved during the Hoven, Health Care Financing Federal poverty level. As part of the month of June. Administration, Office of Research and program, Missouri would create a fully Demonstrations, Mail Stop C3–18–26, 6. Disapproved Proposals capitated managed care pilot program to 7500 Security Boulevard, Baltimore, MD No comprehensive health reform serve non-institutionalized persons with 21244–1850. proposals have been disapproved since permanent disabilities on a voluntary Demonstration Title/State: January 1, 1993. basis. SoonerCare—Oklahoma. Date Received: June 30, 1994. 7. Withdrawn Proposals State Contact: Donna Checkett, Description: Oklahoma proposes to No comprehensive health reform Director, Division of Medical Services, implement a 5-year statewide managed proposals were withdrawn during the Missouri Department of Social Services, care demonstration using both fully and month of June. P.O. Box 6500, Jefferson City, MO partially capitated delivery systems. The 65102–6500, (314) 751–6922. emphasis of the program is to address B. Other Section 1115 Demonstration Federal Project Officer: Nancy access problems in rural areas by Proposals Goetschius, Health Care Financing encouraging the development of rural- 1. New Proposals Administration, Office of Research and based managed care initiatives. The Demonstrations, Mail Stop C3–18–26, State will employ traditional fully The following new proposals were 7500 Security Boulevard, Baltimore, MD capitated managed care delivery models received during the month of June. 21244–1850. for urban areas and will introduce a Demonstration Title/State: Demonstration Title/State: The series of partial capitation models in the Alternatives in Medicaid Home Care Granite State Partnership for Access and rural areas of the State. All currently Demonstration—Colorado. Affordability in Health Care—New eligible, non-institutionalized Medicaid Description: Colorado proposes to Hampshire. beneficiaries will be enrolled during the conduct a pilot project that eliminates Description: New Hampshire proposes first 2 years of the project. the restriction on provision of Medicaid to extend Medicaid eligibility to adults Date Received: January 6, 1995. home health services in locations other with incomes below the AFDC cash State Contact: Dr. Garth Splinter, than the recipient’s place of residence. standard and to create a public Oklahoma Health Care Authority, The proposal would also permit nursing insurance product for low income Lincoln Plaza, 4545 North Lincoln aides to perform functions which workers. The State also seeks to Blvd., Suite 124, Oklahoma City, OK historically have been provided only by implement a number of pilot initiatives 73105, (405) 530–3439. skilled nursing staff. Medicaid to help redesign its health care delivery Federal Project Officer: Helaine I. recipients participating in the project system. Fingold, Health Care Financing will be adults (including both frail Date Received: June 14, 1994. Administration, Office of Research and elderly clients and younger clients with State Contact: Barry Bodell, New Demonstrations, Mail Stop C3–18–26, disabilities) who can live independently Hampshire Department of Health and 7500 Security Boulevard, Baltimore, MD and self-direct their own care. The Human Services, Office of the 21244–1850. project would provide for delegation of Commissioner, 6 Hazen Drive, Concord, Demonstration Title/State: Health specific functions from nurses to NH 03301–6505, (603) 271–4332. Access Plan Demonstration—Vermont. certified nurses aides, pay nurses for 51486 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices shorter supervision and monitoring Federal Project Officer: Maria Opportunities, Interdependence, visits, and allow higher payments to Boulmetis, Health Care Financing Choices and Supports—Rhode Island. aides performing delegated nursing Administration, Office of Research and Description: Rhode Island proposes to tasks. Currently, home health agency Demonstrations, Mail Stop C3–18–26, consolidate all current State and Federal nursing and nurse aide services are paid 7500 Security Boulevard, Baltimore, MD funding streams for adults with on a per visit basis. Each visit is 21244–1850. developmental disabilities under one approximately 2–4 hours in duration, Demonstration Title/State: High Cost program using managed care/managed and recipients must require skilled, User Initiative—Maryland. competition. hands-on care. Description: Maryland proposes to Date Received: April 5, 1994. Date Received: June 3, 1995. implement an integrated case State Contact: Susan Babin, State Contact: Dann Milne, Director, management system for high-cost, high- Department of Mental Health, Department of Health Care Policy and risk Medicaid recipients. Retardation, and Hospitals, Division of Financing, 1575 Sherman Street, Date Received: July 8, 1994. Developmental Disabilities, 600 New State Contact: John Folkemer, Denver, CO 80203–1714, (303) 866– London Avenue, Cranston, RI 02920, Maryland Department of Health and 5912. (401) 464–3234. Mental Hygiene, Office of Medical Federal Project Officer: Phyllis Nagy, Federal Project Officer: Melissa Assistance Policy, 201 West Preston Health Care Financing Administration, McNiff, Health Care Financing Street, Baltimore, MD 21201, (410) 225– Office of Research and Demonstrations, Administration, Office of Research and 5206. Demonstrations, Mail Stop C3–21–06, Mail Stop C3–21–06, 7500 Security Federal Project Officer: William Clark, Boulevard, Baltimore, MD 21244–1850. 7500 Security Boulevard, Baltimore, MD Health Care Financing Administration, 21244–1850. Demonstration Title/State: Montana Office of Research and Demonstrations, Mental Health Access Plan—Montana. Demonstration Title/State: Family Mail Stop C3–21–06, 7500 Security Planning Services Eligibility Description: Montana proposes to Boulevard, Baltimore, MD 21244–1850. Requirements Waiver—South Carolina. provide all mental health services for Demonstration Title/State: Family Description: South Carolina proposes current Medicaid eligibles through Planning Services Section 1115 Waiver to extend Medicaid coverage for family managed care and to expand Medicaid Request—Michigan. planning services for 22 additional eligibility to persons with incomes up to Description: Michigan seeks to extend months to postpartum women with 200 percent of the Federal poverty level. Medicaid eligibility for family planning monthly incomes under 185 percent of Newly eligible individuals would services to all women of childbearing the Federal poverty level. The objectives receive only mental health benefits, and age with incomes at or below 185 of the demonstration are to increase the would not be eligible for other health percent of the Federal poverty level, and number of reproductive age women services under the demonstration. A to provide an additional benefit package receiving either Title XIX or Title X single state-wide contractor would consisting of home visits, outreach funded family planning services provide the mental health services and services to identify eligibility, and following the completion of a also determine eligibility, perform reinforced support for utilization of pregnancy, increase the period between inspections, and handle credentialing. services. The duration of the project is pregnancies among mothers eligible for 5 years. Date Received: June 16, 1995. maternity services under the expanded State Contact: Nancy Ellery, State Date Received: March 27, 1995. State Contact: Gerald Miller, Director, eligibility provisions of Medicaid, and Medicaid Director, Department of Social estimate the overall savings in Medicaid and Rehabilitation Services, P.O. Box Department of Social Services, 235 South Grand Avenue, Lansing, MI spending attributable to providing 4210, 111 North Sanders, Helena, MT family planning services to women for 59604–4210, (406) 444–4540. 48909, (517) 335–5117. Federal Project Officer: Suzanne 2 years postpartum. The duration of the Federal Project Officer: Nancy proposed project would be 5 years. Goetschius, Health Care Financing Rotwein, Ph.D., Health Care Financing Administration, Office of Research and Date Received: May 4, 1995. Administration, Office of Research and State Contact: Eugene A. Laurent, Demonstrations, Mail Stop C3–18–26, Demonstrations, Mail Stop C3–24–07, 7500 Security Boulevard, Baltimore, MD Executive Director, State Health and 7500 Security Boulevard, Baltimore, MD Human Services Finance Commission, 21244–1850. 21244–1850. Demonstration Title/State: Family P.O. Box 8206, Columbia, SC 29202– 2. Pending Proposals Planning Proposal—New Mexico. 8206, (803) 253–6100. Description: New Mexico proposes to Federal Project Officer: Suzanne Demonstration Title/State: Georgia’s extend Medicaid eligibility for family Rotwein, Ph.D., Health Care Financing Children’s Benefit Plan—Georgia. planning services to all women of Administration, Office of Research and Description: Georgia submitted a childbearing age with incomes at or Demonstrations, Mail Stop C3–24–07, section 1115 proposal entitled ‘‘Georgia below 185 percent of the Federal 7500 Security Boulevard, Baltimore, MD Children’s Benefit Plan’’ to provide poverty level. 21244–1850. preventive and primary care services to Date Received: November 1, 1994. Demonstration Title/State: Wisconsin. children aged 1 through 5 living in State Contact: Bruce Weydemeyer, Description: Wisconsin proposes to families with incomes between 133 Director, Division of Medical limit the amount of exempt funds that percent and 185 percent of the Federal Assistance, P.O. Box 2348, Santa Fe, may be set aside as burial and related poverty level. The duration of the NM 87504–2348, (505) 827–3106. expenses for SSI-related Medicaid project is 5 years with proposed project Federal Project Officer: Suzanne recipients. dates of July 1, 1995 to June 30, 2000. Rotwein, Ph.D., Health Care Financing Date Received: March 9, 1994. Date Received: December 12, 1994. Administration, Office of Research and State Contact: Jean Sheil, Division of State Contact: Jacquelyn Foster-Rice, Demonstrations, Mail Stop C3–24–07, Economic Support, Wisconsin Georgia Department of Medical 7500 Security Boulevard, Baltimore, MD Department of Health and Social Assistance, 2 Peachtree Street 21244–1850. Services, 1 West Wilson Street, Room Northwest, Atlanta, GA 30303–3159, Demonstration Title/State: 650, P.O. Box 7850, Madison, WI 53707, (404) 651–5785. CHOICES—Citizenship, Health, (608) 266–0613. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51487
Federal Project Officer: J. Donald Dated: September 22, 1995. agency’s estimate of the burden of the Sherwood, Health Care Financing Bruce C. Vladek, proposed collection of information; (c) Administration, Office of Research and Administrator, Health Care Financing ways to enhance the quality, utility, and Demonstrations, Mail Stop C3–16–26, Administration. clarity of the information to be 7500 Security Boulevard, Baltimore, MD [FR Doc. 95–24400 Filed 9–29–95; 8:45 am] collected; and (d) ways to minimize the 21244–1850. BILLING CODE 4120±01±P burden of the collection of information on respondents, including through the 3. Approved Conceptual Proposals use of automated collection techniques (Award of Waivers Pending) Health Resources and Services or other forms of information No conceptual proposals were Administration technology. awarded during the month of June. Proposed Data Collections Available Proposed Projects 4. Approved Proposals for Public Comment and 1. National Practitioner Data Bank for No proposals were approved during Recommendations Adverse Information on Physicians and the month of June. Other Health Care Practitioners: In compliance with the requirement Regulations and Forms (OMB No. 0915– 5. Disapproved Proposals of Section 3506(c)(2)(A) of the 0126)—Extension, No Change—The No proposals were disapproved Paperwork Reduction Act of 1995 for Data Bank forms and regulations during the month of June. opportunity for public comment on received a short-term approval in June proposed data collection projects, the 1995. As part of the terms of clearance, 6. Withdrawn Proposals Health Resources and Services HRSA was required to submit an No proposals were withdrawn during Administration (HRSA) will publish updated analysis of small medical the month of June. periodic summaries of proposed malpractice payments (concerning the projects. To request more information IV. Requests for Copies of a Proposal issue of monetary threshold reporting of on the proposed project or to obtain a claims) and provide OMB with an Requests for copies of a specific copy of the data collection plans and updated chart of the distribution of Medicaid proposal should be made to instruments, call the HRSA Reports malpractice awards. The requirements the State contact listed for the specific Clearance Officer on (301) 443–1129. have been satisfied and the results of the proposal. If further help or information Comments are invited on: (a) whether analysis have been forwarded to OMB. is needed, inquiries should be directed the proposed collection of information The Data Bank regulations and forms are to HCFA at the address above. is necessary for the proper performance now being resubmitted for a 3-year (Catalog of Federal Domestic Assistance of the functions of the agency, including approval. This request is for an Program, No. 93.779; Health Financing whether the information shall have extension with no changes. The burden Research, Demonstrations, and Experiments.) practical utility; (b) the accuracy of the estimates are as follows:
Number of Frequency of Number of Hours per re- Total bur- Title respondents response responses sponse den hours
60.6(a) Reporting Corrections of Errors and Omissions ...... 2,800 1.04 2,925 .25 731 60.6(b) Revisions to Original Report Actions ...... 350 1.06 370 .75 278 60.7(b) Reporting Medical Malpractice Payments ...... 150 105.33 15,800 .75 11,850 60.8(b) Reporting Licensure Action by State Boards ...... 125 21.02 2,630 .75 1,973 60.9(a) Reporting Privileging and Professional Society Actions .... 1,000 1.08 1,075 .75 806 60.9(c) Request for Hearings by Entitles Found in Noncompliance 1 1 1 8.00 8 60.10(a)(1) Hospital Queries on Applicants; 60.11(a)(1) Other Hospital Queries; 60.11(a)(6) Queries for Professional Review . 7,200 38.33 276,000 .08 23,000 60.10(a)(2) Biennial Queries by Hospitals ...... 6,000 186.83 1,121,000 .08 93,417 60.11(a)(2) Practitioner Queries ...... 29,000 1 29,000 .25 7,250 60.11(a)(3) State Licensure Board Queries ...... 70 171 12,000 .08 1,000 60.11(a)(4) Queries by Nonhospital Health Care Entities ...... 1,860 139.78 260,000 .08 21,667 60.11(a)(5) Queries by Attorneys ...... 10 1 10 .25 3 60.11(a)(7) Queries for Research Purposes ...... 100 1 1 1.00 100 60.14(b) Practitioner's Disputing Data Bank Reports ...... 1,080 1 1,080 .17 180 60.14(b) Practitioner Requests for Secretarial Review ...... 100 1 100 8.00 800 60.14(b) Practitioner Statements ...... 2,700 1 2,700 1.00 2,700 Biennial Entity Verification Document ...... 5,750 1 5,750 .25 1,438 Entity File Update ...... 1,150 1 1,150 .25 288 Note: Estimated Total Annual Burden: 167,489
2. Survey of Exchange Visitor physicians receive a J–1 visa and agree obtain the following items of Physicians Remaining in the United to return to their home country or information: (1) marital status; (2) basis States on a Waiver—NEW— country of last residence for a minimum of waiver; (3) initial and current Announcement is made of the intention of two years upon completing their geographic location; (4) initial and to survey exchange visitor physicians, training. The Department of Health and current medical specialty; (5) number of i.e., physicians who entered the United Human Services needs information years of training completed in the U.S.; States on a J–1 visa to engage in about practice specialty and site of these (6) changes of venue after initial graduate medical education, who have physicians to make informed decisions practice site; (7) sequence of specialties been granted waivers to the return home regarding the implementation of waiver after initial practice specialty. requirement. Exchange visitor foreign policy. A survey will be conducted to 51488 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
Number of Frequency Hours per Total bur- Type of form respondents of response response den hours
Survey of Physicians with J±1 Visa Waivers ...... 1,457 1 .50 729
Send comments to Patricia Royston, general comments commending the PHS estimate ceiling prices during the initial HRSA Reports Clearance Officer, Room for the development of an approach that months of sale. 14–36, Parklawn Building, 5600 Fishers avoids unnecessary administrative costs Comment: A manufacturer’s Lane, Rockville, MD 20857. Written for manufacturers while assuring that obligation to make retroactive payments comments should be received within 60 covered entities receive the discount in to covered entities should not be days of this notice. a timely fashion. contingent upon the covered entity submitting a request for the retroactive Dated: September 27, 1995. The following section presents a rebate, providing such information, or J. Henry Montes, summary of all major comments, grouped by subject, and a response to taking any other action. The Associate Administrator for Policy manufacturer must be unilaterally Coordination. each comment. All comments were considered in developing this final responsible for paying the rebates. [FR Doc. 95–24460 Filed 9–29–95; 8:45 am] notice. Also, changes were made to Response: No change. The mechanism BILLING CODE 4160±15±P increase clarity and readability. for retroactive pricing adjustment was developed with the understanding most (B) Comments and Responses manufacturers sell drugs through Public Health Service Mechanism for Price Calculation wholesalers and would have difficulty determining to which entity the new Notice Regarding Section 602 of the Comment: PHS does not calculate the drug was sold. Further, and more Veterans Health Care Act of 1992; New ceiling price. Manufacturers determine importantly, there was an attempt to Drug Pricing this price, while the Health Care evenly split the administrative burden Financing Administration (‘‘HCFA’’) AGENCY: Public Health Service, HHS. of the process between the manufacturer provides Average Manufacturer Price, ACTION: Final notice. and the entity. If an entity wishes a (‘‘AMP’’), baseline AMP, and Best Price, pricing adjustment, the dollar amount in SUMMARY: Section 602 of Public Law (‘‘BP’’), data to PHS for auditing question, one would expect, must be 102–585, the ‘‘Veterans Health Care Act purposes. significant enough to balance the of 1992,’’ enacted section 340B of the Response: We agree, in part. The administrative burden involved in Public Health Service Act (‘‘PHS Act’’), notice has been changed to reflect that documenting and developing the ‘‘Limitation on Prices of Drugs HCFA would provide the data necessary request. While this type of requirement Purchased by Covered Entities.’’ Section to calculate the ceiling price, if should decrease the numbers of smaller 340B provides that a manufacturer who necessary for resolving disputes, requests, still the manufacturer must sells covered outpatient drugs to eligible collecting pricing data, auditing a remit all documented pricing entities must sign a pharmaceutical manufacturer, or other such program adjustments requested which may result pricing agreement with the Secretary of purposes. in a large number of checks or credits Health and Human Services in which Comment: AMP may be calculated being cut by manufacturers. the manufacturer agrees to charge a using pricing data from a partial quarter, Comment: Establish a 30-day deadline price for covered outpatient drugs that while the calculation of the baseline by which the pricing reconciliation will not exceed an amount determined AMP utilizes data from the first full must be paid. under a statutory formula. quarter after the day on which the drug Response: We agree. The notice has The purpose of this notice is to inform was first sold. been changed to reflect a requirement interested parties of final guidelines Response: We agree. The notice has that all pricing adjustments be regarding new drug pricing. been changed accordingly. completed by the end of the fourth EFFECTIVE DATE: November 1, 1995. Retroactive Pricing Adjustment quarter of sales (e.g., introduced on 1/ FOR FURTHER INFORMATION CONTACT: 15/95 and pricing adjustments due by Comment: The Veterans Affairs new 12/30/95). This has moved the deadline Marsha Alvarez, R. Ph., Director, Drug drug policy, implementing section 603 Pricing Program, Bureau of Primary back ninety days from the proposed of the Veterans Health Care Act of 1992, deadline. Health Care, 4350 East-West Highway, does not require a manufacturer to issue Bethesda, MD 20814, Phone (301) 594– a retroactive rebate for the purchase of (C) New Drug Pricing Revised 4353, FAX (301) 594–4982. a new drug for the first thirty days. A Guidelines SUPPLEMENTARY INFORMATION: similar policy should be considered for Set forth below are the final PHS policy implementing section 602 guidelines for new drug pricing. (A) Background (section 340B of the PHS Act). Proposed guidelines for new drug Response: No change. Section 340B of New Drug Pricing pricing were announced in the Federal the PHS Act requires all participating Calculation of the current quarter PHS Register at 60 FR 27983 on May 26, manufacturers to provide covered ceiling price for each covered outpatient 1995. A comment period of 30 days was outpatient drugs at the discounted price. drug, as provided in section 340B(a)(1) established to allow interested parties to The law was effective December 1, 1992; of the PHS Act, is based upon data submit comments. The Office of Drug therefore, any new covered outpatient supplied to the Medicaid Drug Rebate Pricing received two letters with drug must be discounted as of the date Program (i.e., AMP, baseline AMP and comments concerning the mechanism it is introduced into the market. We BP). The manufacturer calculates for drug price calculation and have attempted to implement this pricing information for all of its covered retroactive drug price adjustment. immediate discount mechanism by outpatient drugs and sends this pricing Further, a letter was received with reasonably permitting manufacturers to data to HCFA within 30 days after the Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51489 end of the quarter. HCFA will provide quarter would not be available. The within that quarter to HCFA within 30 PHS with the data necessary for PHS to baseline AMP must be determined for a days from the end of the quarter (4/30). determine the ceiling price which will full quarter; therefore, pricing data for HCFA will use this pricing data to be used for resolving disputes, studies the period 4/1 through 6/30 would be calculate the basic rebate amount. involving pricing data, auditing utilized. Thus, for the first and second The manufacturer must estimate the manufacturers, or other program quarter, the discount for the new drug ceiling price for the second quarter purposes. would be a manufacturer’s estimate and (April 1–June 30). Sales during the For calendar year 1995, the Medicaid later adjusted using only the basic quarter will constitute the baseline AMP rebate for single source and innovator rebate amount. and BP. The manufacturer must submit multiple source drugs is the greater of This time lag is not a problem for the baseline AMP and BP for the second 15.2 percent of the AMP or the AMP State Medicaid agencies because they quarter to HCFA within 30 days from minus BP. In calendar year 1996, and bill manufacturers for a rebate after the the end of the second quarter (7/30). thereafter, the rebate percentage covered outpatient drugs are dispensed The additional rebate amount does not decreases to 15.1 percent. An additional to Medicaid beneficiaries. However, to apply to this quarter since there must be rebate must also be paid for single comply with the requirements of section two full quarters of pricing data to source and innovator multiple source 340B of the PHS Act, the PHS ceiling generate an additional rebate amount drugs in the amount by which the price must be determined before the when a price increase exceeds the increase in the baseline AMP exceeds covered outpatient drug is sold to the increase the CPI–U. the increase in the Consumer Price covered entity. Because manufacturers must transmit Index—Urban (CPI–U). The PHS ceiling Because there are no sales data for a pricing to wholesalers two weeks before price is computed based on the new drug from which to determine the the beginning of the quarter, the total combined basic and additional rebate PHS ceiling price, the Office of Drug rebate amount (basic plus additional amounts calculated for the Medicaid Pricing is proposing to utilize a ceiling rebate) for the third quarter (July 1– program. For noninnovator multiple price estimated by the manufacturer September 30) will not be available at source drugs, the rebate percentage is 11 until sufficient data is available to that time. percent of the AMP. calculate the AMP and BP of the new Manufacturers must submit pricing For PHS pricing purposes, the drug. Any adjustments necessary to data to HCFA by 10/30. Thus, the timeframe for reporting the pricing data reconcile differences between the first manufacturer must offer the third is a problem with respect to new drugs and second quarter estimated ceiling quarter discount using only the basic because there is a time lag for new drug price and the third quarter ceiling price rebate amount. pricing information. For new drugs, will be in the form of a retroactive Beginning with the fourth quarter manufacturers are permitted to calculate charge back or rebate. (October 1–December 31), the the AMP using the pricing instituted in Because the manufacturer calculates manufacturer will have the necessary the first quarter; however, the baseline the PHS ceiling price using a data lag, pricing data to calculate a total rebate AMP is not available until the end of the the manufacturer would estimate the amount. All retroactive charge backs or first full quarter after the day on which new drug ceiling price for three rebate adjustments necessary to the drug was first sold. For example, if quarters. For example, a new single reconcile the first, second, and third a new drug was first sold on January 15, source drug that enters the market in quarters estimated ceiling price must be the quarterly AMP for the period 1/1 February (first quarter) will have an completed by the end of the fourth through 3/31 would be calculated using estimated PHS ceiling price for that quarter, i.e., December 31. sales from 1/15 through 3/31 while the quarter. The manufacturer must submit Example: Drug Enters Market quarterly baseline AMP for the first full AMP and BP pricing data for sales February 15.
Actual rebate amounts Baseline Add'l rebate Pricing due available from HCFA Calendar quarter AMP (if applicable) to HCFA Basic Add'l
1 (Jan±Mar) ...... 4/30 5/15 N/A 2 (April±June) ...... X ...... 7/30 8/15 N/A 3 (July±Sept) ...... X ...... 10/30 11/15 11/15 4 (Oct±Dec) ...... X ...... 1/30 2/15 2/15
Dated: September 26, 1995. DEPARTMENT OF THE INTERIOR U.S.C. 1601, 1613(a), will be issued to Ciro V. Sumaya, Brevig Mission Native Corporation for Administrator, Health Resources and Services Bureau of Land Management approximately 21,682 acres. The lands Administration. involved are in the vicinity of Brevig [AK±964±1410±00±P] [FR Doc. 95–24349 Filed 9–29–95; 8:45 am] Mission, Alaska, within Tps. 1 S., Rs. 36, 37 and 38 W.; T.3 S., R. 36 W.; and BILLING CODE 4160±15±P Notice for Publication; F±14841±A2 T. 1 N., R. 39 W., Kateel River Meridian, and F±14841±B2; Alaska Native Claims Alaska. Selection A notice of the decision will be In accordance with Departmental published once a week, for four (4) regulations 43 CFR 2650.7(d), notice is consecutive weeks, in The Nome hereby given that a decision to issue Nugget. Copies of the decision may be conveyance under the provisions of Sec. obtained by contacting the Alaska State 14(a) of the Alaska Native Claims Office of the Bureau of Land Settlement Act of December 18, 1971, 43 Management, 222 West Seventh 51490 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
Avenue, #13, Anchorage, Alaska 99513– Council’s consideration. Depending on Release of Waybill Data 7599 [(907) 271–5960]. the number of persons wishing to make Any party claiming a property interest oral statements, a per-person time limit The Commission has received a which is adversely affected by the may be established by the Montrose request from Mute´n & Associates, Inc., decision, an agency of the Federal District Manager. for permission to use certain data from government or regional corporation, Summary minutes for the Council the Commission’s 1993 and 1994 I.C.C. shall have until November 1, 1995, to meeting will be maintained in the Waybill Samples. A copy of the request file an appeal. However, parties Montrose District Office and will be (WB484–9/15/95) may be obtained from receiving service by certified mail shall available for public inspection and the I.C.C. Office of Economic and have 30 days from the date of receipt to reproduction during regular business Environmental Analysis. file an appeal. Appeals must be filed in hours within thirty (30) days following The waybill sample contains the Bureau of Land Management at the the meeting. confidential railroad and shipper data; address identified above, where the therefore, if any parties object to this Dated: September 26, 1995. requirements for filing an appeal may be request, they should file their objections obtained. Parties who do not file an Mark W. Stiles, with the Director of the Commission’s appeal in accordance with the District Manager. Office of Economic and Environmental requirements of 43 CFR Part 4, Subpart [FR Doc. 95–24437 Filed 9–29–95; 8:45 am] Analysis within 14 calendar days of the E, shall be deemed to have waived their BILLING CODE 4310±JB±M date of this notice. The rules for release rights. of waybill data are codified at 49 CFR Robin Rodriguez, 1244.8. Contact: James A. Nash, (202) 927– Land Law Examiner, Branch of Northern Adjudication. INTERSTATE COMMERCE 6916. COMMISSION [FR Doc. 95–24441 Filed 9–29–95; 8:45 am] Vernon A. Williams, BILLING CODE 4310±JA±M Secretary. [Finance Docket No. 32777] [FR Doc. 95–24428 Filed 9–29–95; 8:45 am] BILLING CODE 7035±01±M [CO±030±05±1620±00±1784] Soo Line Railroad Company; Trackage Rights Exemption; Missouri Pacific Southwest Colorado Resource Railroad Company Advisory Council Meeting DEPARTMENT OF JUSTICE Missouri Pacific Railroad Company AGENCY: Bureau of Land Management, has agreed to grant overhead trackage Notice of Lodging of Consent Decree, Interior. rights to the Soo Line Railroad Company Pursuant to the Clean Water Act ACTION: Notice of meeting. over 8.32+/¥ miles of rail line between milepost 16.94+/¥ near Dolton Junction In accordance with Departmental SUMMARY: Notice is hereby given that and milepost 8.62+/¥ near 80th Street Policy, 28 CFR 50.7, notice is hereby the next two meetings of the Southwest in Chicago, in Cook County, IL. The given that a consent decree in United Colorado Resource Advisory Council trackage rights were to become effective State of America v. Khubani will be held on Thursday, October 12, on September 23, 1995. Enterprises, Inc., Civ. Act. No. 95–4729 1995, in Montrose Colorado, and on This notice is filed under 49 CFR (AJL) (D.N.J.), was lodged with the Thursday, November 9, 1995, at United States District Court for the Ridgway State Park, Colorado. 1180.2(d)(7). If the notice contains false or misleading information, the District of New Jersey on September 18, DATES: The meetings are scheduled for exemption is void ab initio. Petitions to 1995. The proposed decree concerns Thursday, October 12, 1995, and revoke the exemption under 49 U.S.C. alleged violations of the Clean Water Thursday, November 9, 1995. 10505(d) may be filed at any time. The Act, 33 U.S.C. § 1311, as a result of the ADDRESSES: For further information, filing of a petition to revoke will not discharge of fill materials onto contact Roger Alexander, Bureau of stay the transaction. Pleadings must be approximately 24.8 acres of wetlands by Land Management (BLM), Montrose filed with the Commission and served Khubani Enterprises, Inc. (‘‘Khubani’’), District Office, 2465 South Townsend on Larry D. Starns, Esq., General in Fairfield Township, Essex County, Avenue, Montrose, Colorado 81401; Attorney, CP Legal Services, Office of New Jersey. Telephone (970) 249–7791; TDD (970) the U.S. Regional Counsel, 1000 Soo The Consent Decree permanently 249–4639. Line Building, P.O. Box 530, 105 South enjoins Khubani from discharging fill SUPPLEMENTARY INFORMATION: The Fifth St., Minneapolis, MN 55402. materials into any waters of the United October 12 meeting is scheduled to As a condition to use of this States except in compliance with begin at 9 a.m. at BLM’s Montrose exemption, any employees adversely applicable federal, state and local laws, District Office, 2465 South Townsend, affected by the trackage rights will be rules and regulations; provides for the Montrose, Colorado. The November 9 protected pursuant to Norfolk and payment of a $25,000 civil penalty to meeting is scheduled to begin at 9 a.m. Western Ry. Co.—Trackage Rights—BN, the United States; requires compliance at Ridgway State Park approximately 20 354 I.C.C. 605 (1978), as modified in with an administrative order on consent miles south of Montrose, Colorado. The Mendocino Coast Ry., Inc.—Lease and entered into between Khubani and the agenda for both meetings will focus on Operate, 360 I.C.C. 653 (1980). New Jersey Department of the development of standards for Environmental Protection; requires rangeland health and guidelines for Decided: September 25, 1995. restoration of at least 2.6 acres of the livestock grazing. By the Commission, David M. Konschnik, violation site; and provides for a All Resource Advisory Council Director, Office of Proceedings. supplemental environmental project, meetings are open to the public. Vernon A. Williams, pursuant to which Khubani will pay Interested persons may make oral Secretary. $75,000 to the New Jersey Nature statements to the Council, or written [FR Doc. 95–24429 Filed 9–29–95; 8:45 am] Conservancy for the purchase and statements may be submitted for the BILLING CODE 7035±01±P preservation of wetlands in the Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51491
Johnsonburg Swamp Preserve in New Defendants’ property near Tridelphia, cents per page reproduction costs), for Jersey. West Virginia into Storch’s Run, a each copy. The check should be made The Department of Justice will receive tributary of Middle Wheeling Creek, payable to the Consent Decree Library. written comments relating to the without a permit. In the Decree, the Joel Gross, consent decree for a period of thirty (30) Defendants (specifically, Rayle Coal Acting Chief, Environmental Enforcement days from the date of this notice. Company and Marietta Coal Company) Section, Environment and Natural Resources Comments should be addressed to the are required to expeditiously apply for Division. Assistant Attorney General, an NPDES permit for effluent [FR Doc. 95–24363 Filed 9–29–95; 8:45 am] Environment and Natural Resources discharged from their abandoned coal BILLING CODE 4410±01±M Division, U.S. Department of Justice, mine refuse pile into Storch’s Run. Attention: Daniel W. Pinkston, Further, the Defendants are required: (1) Environmental Defense Section, P.O. To pay a civil penalty of $145,000 to the Antitrust Division Box 23986, Washington, D.C. 20026– United States and the State of West 3986, and should refer to United States Virginia; (2) to comply with interim United States v. National Automobile v. Khubani Enterprises, Inc., DJ effluent limitations at a specified Dealers Association; Proposed Final Reference No. 90–5–1–4–354. discharge point until the Defendants’ Judgment and Competitive Impact The proposed consent decree may be NPDES permit is final for purposes of Statement examined at the Offices of the United administrative or judicial appeal; (3) to Notice is hereby given pursuant to the States Attorney for the District of New restore Storch’s Run by cleaning Antitrust Procedures and Penalties Act, Jersey, Federal Building, Room 502, 970 treatment ponds, properly disposing of 15 U.S.C. 16 (b) through (h), that a Broad Street, Newark, New Jersey sludge from the cleanup and proposed Final Judgment, Stipulation, 07102; the New York District Office of maintenance of the wastewater and Competitive Impact Statement have the United States Army Corps of treatment system, by reclaiming all been filed with the United States Engineers, Jacob K. Javits Federal areas disturbed by restoration activities, District Court for the District of Building, 26 Federal Plaza, New York, and by certifying that the design and Columbia, in United States v. National New York 10278–0090, and at the construction of the dams used in the Automobile Dealers Association, Civil Consent Decree Library, 1120 G Street, treatment system meet appropriate state Action No. 95–1804 (HHG). The N.W., 4th Floor, Washington, D.C. requirements; (4) to monitor and report Complaint alleged that the National 20005. In requesting a copy, please compliance with the terms of the Automobile Dealers Association enclose a check in the amount of $7.75 Consent Decree; (5) to pay stipulated (‘‘NADA’’) engaged in anticompetitive for a copy of the consent decree with penalties for failing to comply (a) with practices designed to lessen price attachments. any interim effluent limitation, competition among car dealers. Those Letitia J. Grishaw, monitoring or reporting requirement in the Consent Decree, or (b) with effluent practices included encouraging Chief, Environmental Defense Section, members to maintain specific inventory Environment and Natural Resources Division, limitations set forth in the Defendants’ United States Department of Justice. NPDES permit for a six month levels at their dealerships, urging members to boycott manufacturers and [FR Doc. 95–24362 Filed 9–29–95; 8:45 am] compliance period. auto brokers, and soliciting agreements BILLING CODE 4410±01±M The Department of Justice will receive, for a period of thirty (30) days from members not to advertise prices from the date of this publication, based on their own cost of buying the Notice of Lodging of Consent Decree, comments relating to the proposed automobile. On September 20, 1995, the United Pursuant to the Clean Water Act consent decree. Comments should be addressed to the Assistant Attorney States and the NADA filed a Stipulation In accordance with Departmental General for the Environment and in which they consented to the entry of policy and 28 CFR § 50.7, notice is Natural Resources Division, Department a proposed Final Judgment that, if hereby given that a proposed consent of Justice, Washington, DC 20530, and approved by the court, would enjoin the decree in United States of America and should refer to United States of America NADA for ten years from entering into Division of Water Resources, and Division of Water Resources, agreements with dealers to fix or Department of Natural Resources, State Department of Natural Resources, State maintain motor vehicle prices, urging or of West Virginia v. Rayle Coal Company, of West Virginia v. Rayle Coal Company, encouraging dealers to adopt or to et al., Civil Action No. 87–0085–W(K) et al., DOJ Ref. #90–5–1–1–2826. refrain from adopting specific pricing or consolidated with Rayle Coal Company, The proposed consent decree may be advertising policies, urging dealers to et al. v. United States Environmental examined at the Office of the United boycott or reduce the business they do Protection Agency and Division of Water States Attorney, 1100 Main Street, Suite with manufacturers or brokers, and Resources, Department of Natural 200, Wheeling, West Virginia; the terminating any dealer for reasons Resources, State of West Virginia, Civil Region III Office of the Environmental relating to the dealer’s prices or Action No. 88–0094–W(K), was lodged Protection Agency, 841 Chestnut advertising policies. The proposed Final on or about September 19, 1995, with Building, Philadelphia, Pennsylvania Judgment would also require the NADA the United States District Court for the 19107; and at the Consent Decree to set up an antitrust compliance Northern District of West Virginia. Library, 1120 G Street, NW., 4th Floor, program. The proposed consent decree pertains Washington, DC 20005, (202) 624–0892. Public comment is invited within the to the United States’ claims pursuant to A copy of the proposed consent decree statutory 60-day comment period. Such Sections 301 and 309 of the Clean Water may be obtained in person or by mail comments and responses thereto will be Act (‘‘CWA’’), 33 U.S.C. §§ 1311 and from the Consent Decree Library, 1120 published in the Federal Register and 1319, and the State of West Virginia’s G Street, NW., 4th Floor, Washington, filed with the Court. Comments should claims pursuant to the West Virginia DC 20005. In requesting a copy of the be directed to Mary Jean Moltenbrey, Water Pollution Control Act that the body of the proposed decree, please Chief, Civil Task Force II, Antitrust Defendants discharged effluent from an refer to the referenced case and enclose Division, Department of Justice, Liberty abandoned coal mine refuse pile on a check in the amount of $10.25 (25 Place Building, Room 300, 325 Seventh 51492 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
Street, NW., Washington, DC 20530 States. In 1994, approximately 84% of directly to consumers. In recent years, (telephone: 202–616–5935). franchised dealers in the United States manufacturers have increased the Rebecca P. Dick, were NADA members. Its members sold amount and frequency of consumer Deputy Director, Office of Operations, approximately $375 billion of cars and rebates that they offer to entice Antitrust Division. other automobile products and services consumers to purchase new in 1993. automobiles. In many cases, Complaint manufacturers’ cash rebates constitute II. Jurisdiction and Venue (For Violations of Section 1 of the most, if not all, of a consumer’s down Sherman Act) 3. This complaint is filed pursuant to payment for a new car. Consumer Section 4 of the Sherman Act, 15 U.S.C. rebates thus make new cars more United States of America, Department of 4, in order to prevent and restrain affordable to those who otherwise Justice, Washington, D.C. 20530, Plaintiff, v. violations by the NADA of Section 1 of would not be able to purchase a new National Automobile Dealers Association, the Sherman Act, 15 U.S.C. 1. This 8400 Westpark Drive, McLean, Virginia car. 22102, Defendant. Civil Action No.: Court has jurisdiction over this matter 11. Beginning at least as early as 1989 1:95CV01804; Judge Harold H. Greene. pursuant to 28 U.S.C. 1331 and 1337. and continuing at least until 1992, the 4. Venue is properly laid in this NADA frequently stated its opposition The United States of America, District pursuant to Section 12 of the to the increased competition generated plaintiff, by its attorneys, acting under Clayton Act, 15 U.S.C. 22, and under 28 by fleet subsidies. In particular, it the direction of the Attorney General of U.S.C. 1391 because the NADA transacts alleged that fleet subsidies created a the United States, brings this civil business and is found within this class of nearly new vehicles that, action to prevent and restrain the District. because of their lower prices, unfairly defendant, the National Automobile 5. The NADA and its members are competed with new vehicle sales. The Dealers Association (‘‘NADA’’), from engaged in, and their activities NADA repeatedly urged manufacturers engaging in unlawful anticompetitive substantially affect interstate commerce. to stop offering fleet subsidies that were conduct intended to reduce price 6. The members of the NADA greater than the discounts offered to competition among automobile dealers, compete with each other and with other franchised dealers. and complains and alleges as follows: car and truck dealers to sell cars and 12. The NADA also objected to Since at least 1989, the NADA has other automobile products and service consumer rebates. It believed that when actively engaged in a campaign to consumers. Dealers compete on, manufacturers offered rebates to designed to lessen price competition in among other things, price, quality of consumers, franchised dealers were the retail automobile industry. Through service, and the selection of cars forced to offer their own rebates to the use of a group boycott, the NADA available for purchase at their consumers who purchased cars attempted to pressure automobile dealerships. immediately before and after the rebate manufacturers to change their policies III. Concerted Action period. On numerous occasions between by eliminating consumer rebates and 1989 and 1992, the NADA urged significantly reducing discounts given A. Agreement Concerning Inventory manufacturers to give franchised to large volume automobile buyers, who Levels dealers, rather than consumers, all of often resold slightly used cars to 7. In recent years, automobile the discounts and incentives offered by consumers at prices substantially below manufacturers have engaged in a manufacturers to induce the purchase of the price of a new car. In particular, the number of sales and marketing practices a new car. NADA recommended that all dealers that have been unpopular with many 13. In September, 1989, the NADA’s significantly reduce their inventories to automobile dealers. Among these president drafted a document entitled 15–30 days’ supply to coerce practices are the use of fleet subsidies ‘‘An Open Letter to All Dealers’’ (‘‘Open manufacturers to raise the prices the and consumer rebates. Letter’’). The Open Letter discussed manufacturers charged large volume 8. Fleet subsidies are substantial financial difficulties facing many automobile buyers and thereby discounts offered by manufacturers on dealers and stated that fleet subsidies constrain the latter’s ability to compete. the purchase of large quantities of cars contributed to automobile dealers’ The NADA also solicited agreements by rental car companies, large financial difficulties. It also discussed from its members not to advertise retail corporations, and other high volume the NADA’s attempts to convince prices based on the invoice price of an buyers. Manufacturers have sometimes manufacturers not to offer rebates and automobile, and agreed to tell its offered fleet subsidies that are larger instead give all incentives to dealers. members to refuse to do business with than the discounts they offered to 14. The Open Letter concluded with automobile brokers. The instant action franchised dealers. several ‘‘recommendations for survival.’’ seeks to enjoin the NADA from 9. Fleet purchasers, and, in particular, Among these was the recommendation continuing to engage in conduct rental car companies, frequently resell that all automobile dealers reduce their intended to limit price competition in fleet vehicles directly to the public or, inventories to a 15–30 day supply of the retail automobile industry. in some instances, to independent (i.e., new vehicles. The letter then stated that non-franchised) automobile dealers, the NADA would ‘‘advise dealers I. The Defendant NADA who in turn sell them to the public. immediately of any movement by their 1. The NADA is a corporation Through at least 1991, used fleet franchisors which will assist dealers.’’ organized and existing under and vehicles with relatively low mileage 15. The Open Letter was unanimously pursuant to the laws of the State of were often sold in the same year as new endorsed by the NADA’s Executive Delaware. It maintains offices at 8400 cars of the same model year. Thus, sales Committee on October 16, 1989, and by Westpark Drive, McLean, Virginia of some fleet vehicles competed directly its board of directors on October 17, 22102, and 412 1st Street SE, with sales of new vehicles, but fleet 1989. Washington, DC 20003. vehicles were often priced at thousands 16. On October 23, 1989, the 2. The NADA is a national trade of dollars less than a new car. president of the NADA wrote to Oregon association that represents franchised 10. Consumer rebates are cash dealers, urging them to look for the new car and truck dealers in the United incentives offered by manufacturers Open Letter in the October 30 issue of Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51493
Automotive News, and calling the Open specific dollar amount over the dealer’s 29. That agreement constituted a Letter the NADA’s ‘‘first response’’ to invoice. combination or conspiracy in manufacturers who made little or no 23. The NADA officers also unreasonable restraint of interstate trade compromise with the NADA. communicated directly with the dealers and commerce in violation of Section 1 17. In the October 30, 1989 in question and obtained their of the Serman Act, 15 U.S.C. 1. Automotive News, the automobile agreement not to engage in further 30. Unless prevented and restrained, industry’s principal trade publication, invoice advertising. In the course of the NADA will continue to engage in the Open Letter appeared as a two page these communications, the officer the unlawful conduct as alleged herein. referred to his position with the NADA advertisement. It was also published in Second Cause of Action the NADA’s official publication, in a way that suggested that he was Automotive Executive, and sent to acting on behalf of the NADA in making (Agreement To Fix Inventory Levels) numerous representatives of the media the complaints and in seeking 31. The NADA, through its officers agreement from the dealers. and major automobile manufacturers. and directors, agreed to urge its dealer 24. In February 1994, the NADA 18. At the NADA’s 1990 Annual members to maintain new vehicle members, acting through their Board of Convention in Las Vegas, Nevada, the inventory at levels equal to 15–30 days’ Directors, appointed a task force to President of the NADA described the supply. study the impact of automobile Open Letter and its effect upon 32. That agreement constituted a manufacturers’ policies on new manufacturers. combination or conspiracy in vehicles’ suggested gross margins. This unreasonable restraint of interstate trade We’ve tried to negotiate for years—and we report, ultimately entitled ‘‘A SPECIAL tried all this year. Believe me, believe me, and commerce in violation of Section 1 REPORT: From the NADA Task Force friends, I said to each of the big, big three, of the Sherman Act, 15 U.S.C. 1. ‘‘Throw a bone to a dog—give me at least one on Reduced New Vehicle Margins’’ 33. Unless prevented and restrained, of our four priority issues I can take to our (‘‘Reduced Margins Task Force Report’’) the NADA will continue to engage in dealers at convention in Las Vegas.’’ I was delivered to, among others, the unlawful conduct as alleged herein. couldn’t come close until after our October automobile manufacturers’ dealer 30th ad * * * but dealers all over this nation councils’ chairmen and vice chairmen, Third Cause of Action started looking at inventory and adjusting automobile trade association executives, (Agreement To Restrict Advertisements) order banks to cut expenses for their very numerous NADA members, and survival. Well, all of a sudden that got representatives from major automobile 34. The NADA, through its officers noticed! You bet! manufacturers. and directors, solicited and obtained Twenty-five thousand dealerships—doing agreements from member dealers not to anything more or less together—is bound to 25. In addition to calling on all automobile manufacturers to increase engage in invoice advertising. come to the attention of our suppliers. 35. Those agreements constituted [Emphasis added.] their suggested gross profit margins, the NADA Reduced Margins Task Force combinations and conspiracies in 19. The NADA and its officers and Report included recommendations for unreasonable restraint of interstate trade directors intended the Open Letter to manufacturers and dealers with respect and commerce in violation of Section 1 constitute a threat to automobile to automobile brokers. Automobile of the Sherman Act, 15 U.S.C. 1. manufacturers that dealers would brokers generally buy new vehicles from 36. Unless prevented and restrained, collectively reduce their inventories franchised dealers at discounted prices the NADA will continue to engage in unless manufacturers adopted policies and resell the vehicles directly to the the unlawful conduct as alleged herein. more favorable to dealers. public in competition with franchised Fourth Cause of Action B. Agreements Concerning Dealer dealers. (Agreement To Boycott Automobile Advertisements and Sales to Brokers 26. The Reduced Margins Task Force Report included the following Brokers) 20. Like manufacturers, some dealers recommendation to automobile dealers: 37. The NADA, through its officers engage in sales and marketing practices and directors, agreed to urge its dealer that are unpopular with other dealers. Refuse to do business with brokers or members not to do business with Invoice advertising and selling cars to buying services. They inevitably do harm to new vehicle gross margin potential. automobile brokers. brokers are examples of dealer 27. The NADA later sent a 38. That agreement constituted a marketing practices that are unpopular combination and conspiracy in with many dealers and the NADA. memorandum and revised pages for the Reduced Margins Task Force Report that unreasonable restraint of interstate trade 21. ‘‘Invoice advertising’’ means and commerce in violation of Section 1 advertising sponsored by a franchised eliminated this recommendation, but not until the report had been of the Sherman Act, 15 U.S.C. 1. dealer which reveals the dealer’s 39. Unless prevented and restrained, invoice or cost to purchase a vehicle, or disseminated to over 200 dealer representatives and other individuals the NADA will continue to engage in which offers to sell the vehicle to the the unlawful conduct as alleged herein. public at a price based upon the dealer’s active in the automobile industry. invoice or cost to purchase the vehicle. First Cause of Action Prayer for Relief Officers and directors of the NADA Wherefore, plaintiff respectfully prays delivered numerous speeches (Agreement To Boycott Manufacturers) for relief as follows: denouncing invoice advertising because, 28. The NADA, through its officers 1. That this Court adjudge and decree inter alia, they believed that it has led and directors, agreed to orchestrate a that the NADA has entered into to lower retail selling prices for new group boycott of automobile unlawful contracts, combinations, or vehicles. manufacturers to coerce manufacturers conspiracies which unreasonably 22. On several occasions between to decrease the discounts offered to restrain trade in interstate commerce, in 1989 and 1994, an officer of the NADA large volume buyers and to eliminate violation of Section 1 of the Sherman contacted automobile manufacturers to consumer rebates. Specifically, the Act, 15 U.S.C. 1; complain about dealers who had NADA called upon its dealer members 2. That the NADA and all persons, advertised retail prices that were a to reduce their inventories of new cars. firms, and corporations acting on their 51494 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices behalf and under their direction or (15 U.S.C. 16), without further notice to Ordered, Adjudged and Decreed as control be permanently enjoined from any party or other proceedings, follows: engaging in, carrying out, renewing or provided that plaintiff has not I. Jurisdiction attempting to engage in, carry out or withdrawn its consent, which it may do renew, any contracts, agreements, at any time before entry of the proposed The Court has jurisdiction of the practices, or understandings in violation Final Judgment by serving notice on the subject matter of this action and of the of Section 1 of the Sherman Act, 15 defendant and by filing that notice with party consenting hereto. The complaint U.S.C. 1; the Court. states a claim upon which relief may be 3. That plaintiff have such other relief 3. Defendant agrees to be bound by granted against defendant under Section that the Court may consider necessary, the provisions of the proposed Final 1 of the Sherman Act (15 U.S.C. § 1). just, or appropriate to restore Judgment pending its approval by the II. Definitions competitive conditions in the markets Court. If plaintiff withdraws its consent affected by the NADA’s unlawful or the proposed Final Judgment is not As used in this Final Judgment: conduct; and entered pursuant to this Stipulation, A. Communication means any 4. That plaintiff recover the costs of this Stipulation shall be of no effect exchange, transfer or dissemination of this action. whatever and its making shall be information, regardless of the means by without prejudice to any party in this or which it is accomplished. Dated: September 20, 1995. B. Consumer means any person who Anne K. Bingaman, any other proceedings. For the Plaintiff the United States of is an actual or potential purchaser of Assistant Attorney General. America: any motor vehicle. Joel I. Klein, C. Dealer means a person selling Anne K. Bingaman, Deputy Assistant Attorney General. motor vehicles to consumers, including Assistant Attorney General. Rebecca P. Dick, each of its divisions, parents, Joel I. Klein, Deputy Director of Operations. subsidiaries, and affiliates. Deputy Assistant Attorney General. D. Gross margin means the different Mary Jean Moltenbrey, Rebecca P. Dick, between an automobile manufacturer’s Chief, Civil Task Force II. Deputy Director of Operations. suggested retail price for a motor vehicle Robert J. Zastrow, Mary Jean Moltenbrey, and a dealer’s cost to purchase that Assistant Chief. Chief, Civil Task Force II. vehicle from the manufacturer. Minaksi Bhatt, E. Manufacturer means any person Robert J. Zastrow, Susan L. Edelheit, which manufactures motor vehicles, Assistant Chief. D.C. Bar #250720. including each of its divisions, parents, Minaksi Bhatt, Theodore R. Bolema, subsidiaries, and affiliates. Susan L. Edelheit, F. NADA means the National Attorneys, Civil Task Force II, Antitrust DC Bar #250720. Automobile Dealers Association, Division, U.S. Department of Justice, 325 7th including each of its divisions, parents, Street, NW, Washington, DC 20530. Theodore R. Bolema, subsidiaries, and affiliates, and any Attorneys, Civil Task Force II, Antitrust For the Defendant the National person acting on behalf of any of them, Automobile Dealers Association: Division, U.S. Department of Justice 325 7th Street, NW, Washington, DC 20530. except that NADA shall not include Frank R. McCarthy, 1. NADA Charitable Foundation; Executive Vice President, National For the defendant the National 2. Dealers Election Action Committee Automobile Dealers Association, 8400 Automobile Dealers Association: (DEAC); Westpark Drive, McLean, VA 22102. Frank R. McCarthy, 3. National Automobile Dealers Glenn A. Mitchell, Executive Vice President, National Insurance Trust (NADIT); Counsel for the National Automobile Dealers Automobile Dealers Association, 8400 4. National Automotive Insurance and Association, Stein, Mitchell & Mezines, 1100 Westpart Drive, McLean, VA 22102. Service Agency, Inc. (NAISA); Connecticut Avenue, NW, Washington, D.C. Glenn A. Mitchell, 5. National Automobile Dealers 20035. Counsel for the National Automobile Dealers Association Retirement Trust Arthur L. Herold. Association, Stein, Mitchell & Mezines, 1100 (NADART); Counsel for the National Automobile Dealers Connecticut Avenue, NW, Washington, DC 6. NADA Services Corporation Association, Webster, Chamberlain & Bean, 20035. (NADASC); 1747 Pennsylvania Avenue, NW, Washington, Arthur L. Herold, 7. Salesperson Certification Program; D.C. 20006. Counsel for the National Automobile Dealers 8. American Truck Division (ATD). G. Organization means any Stipulation Association, Webster, Chamberlain & Bean, 1747 Pennsylvania Avenue, NW., corporation, firm, company, sole It is stipulated by and between the Washington, DC 20006 proprietorship, partnership, joint undersigned parties, by heir respective venture, association, institute, or other Final Judgment attorneys, that: business, legal, or government entity. 1. The Court has jurisdiction over the Plaintiff, United States of America, H. Person means any individual or subject matter of this action and over filed its complaint on September 20, natural person, corporation, firm, each of the parties hereto, and venue of 1995. Plaintiff and defendant, National company, sole proprietorship, this action is proper in the District of Automobile Dealers Association partnership, joint venture, association, Columbia; (‘‘NADA’’), by their respective attorneys, institute, or other business, legal, or 2. The parties to this Stipulation have consented to the entry of this Final government entity, and any employee or consent that a Final Judgment in the Judgment without trial or adjudication agent thereof. form attached may be filed and entered of any issue of fact or law. Therefore, I. Retail margin means the difference by the Court, upon any party’s or the before the taking of any testimony and between the price a consumer pays to Court’s own motion, at any time after without trial or adjudication of any purchase a motor vehicle and a dealer’s compliance with the requirements of the issue of fact or law herein, and upon cost to purchase that vehicle from the antitrust Procedures and Penalties Act consent of the parties hereto, it is hereby manufacturer. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51495
III. Applicability Eastern Railroad Presidents Conference VII. Compliance Program A. This Final Judgment applies to v. Noerr Motor Freight, Inc., 365 U.S. Defendant is ordered to establish and defendant and to each of its officers, 127, 81 S.Ct. 523 (1961) and United maintain an antitrust compliance directors, agents, employees, committee Mine Workers v. Pennington, 381 U.S. program which shall include or task force members, successors, and 657, 85 S.Ct. 1585 (1965); designating, within 30 days of entry of 3. Presenting the views, opinions or assigns. this Final Judgment, an Antitrust concerns of its members on topics to B. Defendant shall require, as a Compliance Officer with responsibility manufacturers, dealers, consumers or condition of any merger with or for implementing the antitrust other interested parties, provided that acquisition by any other organization, compliance program and achieving full such activities do not violate any that the organization to which compliance with this Final Judgment. provision contained in Part IV. above; defendant is to be merged or by which 4. Conducting surveys or gathering The Antitrust Compliance Officer shall, it is to be acquired agree to be bound by statistical facts or other facts and data on a continuing basis, be responsible for the provisions of this Final Judgment. relating to dealers, publishing or the following: A. Furnishing a copy of this Final disseminating such information in IV. Prohibited Conduct Judgment within thirty (30) days of written materials, studies, reports, Defendant is hereby enjoined and entry of the Final Judgment to each of seminars or programs, or otherwise restrained from: defendant’s officers, directors, providing information to manufacturers, A. Directly or indirectly entering into, employees, and committee or task force dealers, consumers or other interested adhering to, or enforcing any agreement members, except for employees whose parties in accordance with Maple with any dealer to fix, stabilize or functions are purely clerical or manual Flooring Mfrs. Ass’n v. United States, maintain the prices at which motor and members of committees or task 268 U.S. 563 (1925) and its progeny, vehicles may be sold or offered by any forces that do not address issues related provided that such activities do not person for sale in the United States to to the sale or purchase of automobiles; violate any provision contained in Part any consumer; B. Furnishing in a timely manner a IV. above; B. Urging, encouraging, advocating or 5. Participating in bona fide dispute copy of this Final Judgment to any suggesting that dealers adopt specific resolution activities, including but not person who succeeds to a position prices, specific gross or retail margins, limited to AUTOCAP, involving described in Section VII (A); specific pricing systems, specific complaints by specific consumers or C. Arranging for an annual briefing to markups, specific discounts, or specific dealers arising from specific each person designated in Sections VII policies relating to the advertising of transactions to which such consumers (A) or (B) on the meaning and prices, invoices or costs for the sale of or dealers are parties; requirements of this Final Judgment and motor vehicles by dealers in the United 6. Disseminating information about, the antitrust laws; States; or encouraging compliance with, any D. Obtaining from each person C. Urging, encouraging, advocating or laws and government regulations designated in Sections VII (A) or (B), suggesting that dealers refrain from including, but not limited to, tax laws, certification that he or she (1) has read adopting specific pricing systems or Federal Trade Commission rules and and, to the best of his or her ability, specific policies relating to the guides, Internal Revenue Service cash understands and agrees to abide by the advertising of prices, invoices or costs reporting requirements, and Federal terms of this Final Judgment; (2) is not for the sale of motor vehicle by dealers Reserve Board regulations. aware of any violation of the Final in the United States; B. Nothing in this Final Judgment Judgment that has not been reported to D. Urging, encouraging, advocating or shall prohibit any individual dealer, the Antitrust Compliance Officer; and suggesting that dealers (1) refuse to do acting along and not on behalf of or in (3) understands that any person’s failure business with particular persons or concert with defendant or any of to comply with this Final Judgment may types of persons, (2) reduce the amount defendant’s officers, directors, agents, result in an enforcement action for civil of business they do with particular employees, committee or task force or criminal contempt of court against persons or types of persons, or (3) do members, successors, or assigns, from NADA and/or any person who violates business with particular persons or negotiating any terms of the dealer’s this Final Judgment; types of persons only on specified business relationship with any E. Maintaining (1) a record of all terms; manufacturer, including a certifications received pursuant to E. Terminating from membership any manufacturer’s policies. Section VII (D); (2) a file of all dealer for reasons relating to that documents related to any alleged dealer’s price or prices, gross or retail VI. Notification Provisions violation of this Final Judgment; and (3) margins, pricing systems, markups, Defendant is ordered and directed: a record of all non-privileged discounts, or specific policies relating to A. To publish the Final Judgment and communications related to any such the advertising of prices, invoices or a written notice, in the form attached as violation, which shall identify the date costs for motor vehicles in the United Appendix A to this Final Judgment, in and place of the communication, the States. Automotive Executive within sixty (60) persons involved, the subject matter of days of the entry of this final Judgment; the communication, and the results of V. Limiting Conditions and any related investigation; A. Nothing in this Final Judgment B. To send a written notice, in the F. Reviewing the final draft of each shall prohibit defendant from: form attached as appendix A to this speech and policy statement made by 1. Continuing to disseminate specific Final Judgment, to each dealer who any officer, director, employee, or valuation information in the N.A.D.A. becomes a member of NADA within ten committee or task force member in order Official Used Car Guide; (10) years of entry of this Final to ensure its adherence with this decree; 2. Engaging in collective actions to Judgment and who was not previously G. Reviewing the purpose for the procure government action when such given such notice. Such notice shall be formation or creation of each committee actions are protected under the Noerr- sent within thirty (30) days after the and task force in order to ensure its Pennington doctrine, as established by dealer becomes a member of NADA. adherence with this decree; 51496 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
H. Reviewing the content of each Justice to any person other than a duly This Consent Order applies to NADA and all letter, memorandum, and report written authorized representative of the of its officers, directors, employees, agents, by or on behalf of any director in his or Executive Branch of the United States, and committee and task force members, but her capacity as an NADA director or on except in the course of legal proceedings not to dealers acting on their own. Under the Consent Order, NADA may not NADA stationery in order to ensure its to which the United States is a party, or enter into, adhere to, or enforce any adherence with this decree. for the purpose of securing compliance agreement with any dealer to fix the prices with this Final Judgment, or as VIII. Certification at which new cars are sold or offered. NADA otherwise required by law. is also prohibited from recommending that A. Within 75 days of the entry of this D. If at the information or documents dealers (1) adopt specific prices or pricing Final Judgment, defendant shall certify are furnished by defendant to plaintiff, policies, specific margins, or specific to plaintiff whether the defendant has defendant represents and identifies in advertising policies relating to prices or costs designated an Antitrust Compliance writing the material in any such for automobile sales, (2) refrain from Officer and has distributed the Final information or documents to which a adopting specific pricing systems or specific Judgment in accordance with Section VI claim of protection may be asserted policies relating to the advertising of prices or costs for automobile sales, as invoice (A) above. under Rule 26(c)(7) of the Federal Rules B. For ten years after the entry of this advertising, and (3) refuse to do business or of Civil Procedure, and defendant marks reduce the amount of business they do with Final Judgment, on or before its each pertinent page of such material, particular people or types of people. NADA anniversary date, the defendant shall ‘‘Subject to claim of protection under is further prohibited from terminating from file with the plaintiff an annual Rule 26(c)(7) of the Federal Rules of membership any dealer based upon that statement as to the fact and manner of Civil Procedure,’’ then ten (10) days’ dealer’s prices or specific policies relating to its compliance with the provisions of notice shall be give by plaintiff to the advertising of prices or costs for Sections VI and VII. defendant prior to divulging such automobile sales. Failure to comply with this C. If defendant’s antitrust Compliance material in any legal proceeding (other Consent Order may result in conviction for Officer learns of any violations of any of criminal contempt of court. than a grand jury proceeding), so that This Consent Order does not prohibit the terms and conditions contained in defendant shall have an opportunity to this Final Judgment, defendant shall NADA from continuing certain activities, apply to this Court for protection including publishing the N.A.D.A. Official immediately take appropriate action to pursuant to Rule 26(c)(7) of the Federal Used Car Guide, lobbying before legislatures terminate or modify the activity so as to Rules of Civil Procedure. and regulatory agencies, offering dispute comply with this Final Judgment. resolution programs, including the X. Duration of Final Judgment IX. Plaintiff Access AUTOCAP program, educating members on Except as otherwise provided compliance with laws and regulations, and A. For the purpose of determining or hereinabove, this Final Judgment shall presenting dealers’ views to manufacturers, securing compliance with this Final remain in effect until ten (10) years from consumers or other interested parties in ways that do not otherwise violate the Consent Judgment, and for no other purpose, the date of entry. duly authorized representatives of Order. plaintiff shall, upon written request of XI. Construction, Enforcement, Competitive Impact Statement the Attorney General or the Assistant Modification and Compliance Attorney General in charge of the Jurisdiction is retained by the Court The United States of America, Antitrust Division, and on reasonable for the purpose of enabling any of the pursuant to Section 2 of the Antitrust notice to the defendant, made to its parties to this Final Judgment to apply Procedures and Penalties Act (‘‘APPA’’), principal office, be permitted, subject to to this Court at any time for such further 15 U.S.C. 16(b), submits this any legally recognized privilege: orders or directions as may be necessary Competitive Impact Statement regarding 1. Access during the defendant’s or appropriate for the construction or the proposed Final Judgment submitted office hours to inspect and copy all carrying out of this Final Judgment, for for entry in this civil antitrust records and documents in the the modification of any of its provisions, proceeding. possession or under the control of for its enforcement or compliance, and 1. Nature and Purpose of the Proceeding defendant, which may have counsel for the punishment of any violation of present, relating to any matters its provisions. On September 20, 1995, the United contained in this Final Judgment; and States filed a civil antitrust complaint XII. Public Interest 2. To interview the defendant’s under Section 4 of the Sherman Act, as officers, employees and agents, who Entry of this Final Judgment is in the amended, 15 U.S.C. 4, alleging that the may have counsel present, regarding public interest. defendant, the National Automobile any such matters. The interviews shall Dated: lllllllllllllllll Dealers Association (‘‘NADA’’), entered be subject to the defendant’s reasonable lllllllllllllllllllll into agreements intended to lessen convenience. United States District Judge competition in the retail automobile B. Upon the written request of the industry in violation of Section 1 of the Attorney General or the Assistant Appendix A Sherman Act, 15 U.S.C. 1. Specifically, Attorney General in charge of the On September 20, 1995, the Antitrust the complaint alleges that the NADA, Antitrust Division made to defendant at Division of the United States Department of through its officers and directors: its principal office, defendant shall Justice filed a civil suit that alleged that the submit such written reports, under oath National Automobile Dealers Association (a) Agreed to orchestrate a group if requested, with respect to any of the (‘‘NADA’’) had engaged in certain practices boycott in an attempt to coerce matters contained in this Final that violated one section of the antitrust laws. automobile manufacturers to decrease Judgment as may be requested, subject NADA denies that its conduct violated the the discounts offered to large volume law. However, in order to avoid the delay, to any legally recognized privilege. buyers and to eliminate consumer expense and burden of protracted litigation, rebates; C. No information or documents NADA, without admitting any violation of obtained by the means provided in this the law and without being subject to any (b) Agreed to urge its dealer members Section VIII shall be divulged by any monetary penalties, has agreed to the entry to maintain new vehicle inventories at representative of the Department of of a civil Consent Order to settle this matter. levels equal to 15–30 days’ supply; Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51497
(c) Solicited and obtained agreements such as rental car companies and large supply of new cars in inventory at any from member dealers not to engage in corporations. These discounts can be given time. Sixty to ninety days’ supply invoice advertising; and larger than the discounts offered to is more typical. A dealer that (d) Agreed to urge its members not to franchised dealers. Fleet purchasers unilaterally reduced its inventory by a do business with automobile brokers. often resell fleet vehicles directly to the substantial amount would risk losing The complaint seeks relief that would public or to non-franchised automobile sales to other dealers that maintain prevent the NADA from continuing or dealers, who in turn sell them to the greater selection of cars. If dealers renewing the alleged practices and public. Prior to 1991, many fleet collectively reduced inventories, agreements, or engaging in other vehicles were sold in the same year as however, they could lower their practices or agreements that would have new cars of the same model year. Fleet inventory costs without losing sales to a similar purpose or effect. vehicles, therefore, directly competed competing dealers. Such an action On September 20, 1995, the United with new vehicle sales, but fleet cars would adversely affect manufacturers, States and the NADA also filed a were sometimes offered at prices which would see a dramatic reduction stipulation in which they consented to thousands of dollars less than similar in orders. the entry of a proposed Final Judgment new cars. During the late 1980’s and On October 23, 1989, the NADA that would prohibit the NADA from early 1990’s, the NADA objected to president wrote a letter to Oregon engaging in certain anticompetitive manufacturers’ practices of offering dealers in which he called the Open practices, and would require the NADA substantial fleet discounts. The NADA Letter the NADA’s ‘‘first response’’ to to implement an antitrust compliance claimed that fleet subsidies created a manufacturers who made little or no program. The proposed Final Judgment class of vehicles that, because of their compromise with the NADA. The Open provides all of the relief that the United lower prices and mileage, unfairly Letter was unanimously endorsed by the States seeks in the Complaint. increased competition with new vehicle NADA’s Executive Committee and The United States and the NADA sales. board of directors and published in the have agreed that the Court may enter the The NADA also objected to October 30, 1989 issue of Automotive proposed Final Judgment after manufacturers’ use of consumer rebates News as a two page advertisement. It compliance with the Antitrust to stimulate sales. Consumer rebates are was also published in the NADA’s Procedures and Penalties Act (‘‘APPA’’), cash incentives offered by official publication, Automotive 15 U.S.C. 16 (b)–(h), provided the manufacturers directly to consumers. In Executive, and sent to numerous United States has not withdrawn its recent years, manufacturers have representatives of the media and major consent. Entry of the proposed Final increased the amount and frequency of automobile manufacturers. Judgment will terminate the action, consumer rebates that they offered to At the NADA’s 1990 Annual except that the Court will retain entice consumers to purchase new Convention, the NADA president jurisdiction over the matter proceedings automobiles. During the time period claimed that the had been unable to to construe, modify, or enforce the Final covered by the Complaint, many obtain any concessions from Judgment, or to punish violations of any analysts estimated that consumer manufacturers until after the Open of its provisions. rebates saved consumers as much as Letter was published and dealers $1,000 per car. Many franchised dealers responded by cutting their new car II. Description of Practices Giving Rise believe that when manufacturers offer orders. He further observed that: to the Alleged Violation of the Antitrust rebates to consumers, franchised dealers ‘‘Twenty-five thousand dealerships— Laws are forced to offer their own rebates to doing anything more or less together— The NADA is a national trade consumers who purchase cars is bound to come to the attention of our association, headquartered in McLean, immediately before or after the rebate suppliers.’’ Virginia, that represents approximately period. During the late 1980’s and early The Complaint alleges that the Open 84% of the franchised new car and truck 1990’s, the NADA repeatedly urged Letter reflected an agreement by the dealers in the United States. Franchised manufacturers to give franchised NADA to reduce and maintain dealers purchase new cars and trucks dealers, rather than consumers, all inventory levels equal to 15–30 day’s from manufacturers pursuant to discounts and incentives designed to supply unless and until automobile franchise agreements, and in turn sell stimulate sales. manufacturers adopted policies more those cars and trucks and provide In September, 1989, the NADA’s favorable to dealers. An agreement by a related services to consumers. The president drafted a document entitled trade association to recommend that all members of the NADA compete with ‘‘An Open Letter to All Dealers’’ (‘‘Open dealers maintain a particular inventory each other and with other car and truck Letter’’). The Open Letter claimed that level is a per se violation of section 1 dealers to sell motor vehicles and other manufacturers’ use of fleet subsidies of the Sherman Act. An agreement by a auto products and services to had contributed to automobile dealers’ trade association to boycott a supplier consumers. Dealers compete by offering financial difficulties. It also discussed by encouraging its members to withhold different prices, quality of service, and the NADA’s attempts to convince or reduce orders is also a per se selection of cars. NADA’s members had consumer manufacturers not to offer violation of the Sherman Act. retail sales of products and services of rebates to consumes, and instead to give 2. Agreement Concerning Advertising approximately $375 billion in 1993. all incentives to dealers. The Open Letter concluded with a Invoice advertising is advertising that 1. Agreement Concerning Inventory recommendation that all automobile reveals the dealer’s invoice or cost to Levels dealers reduce their inventories to a 15– purchase a vehicle, or offers to sell the In recent years, automobile 30 day supply of new vehicles. The vehicle to the public at price based manufacturers have used certain sales letter then stated that the NADA would upon the dealer’s invoice or cost to and marketing practices designed to ‘‘advise dealers immediately of any purchase the vehicle. The Complaint stimulate car sales, including fleet movement by their franchisers which alleges that the NADA has frequently subsidies and consumer rebates. Fleet will assist dealers.’’ expressed its opposition to invoice subsidies are discounts offered to Dealers customarily have advertising, at least in part because it purchasers of large quantities of cars, substantially more than 15–30 days’ believes that such advertising leads to 51498 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices lower retail selling prices for new Section IV of the Proposed Final consumers, or other interested parties, vehicles. Judgment contains five categories of provided that such activities do not On several occasions between 1989 prohibited conduct. Section IV(A) violate any provision contained in Part and 1994, an officer of the NADA contains a general prohibition against IV; (4) conduct surveys, and gather and contacted automobile manufacturers to any agreements by the NADA with disseminate information, in accordance complain about dealers who had dealers to fix, stabilize or maintain with Maple Flooring Mfrs. Ass’n v. engaged in invoice advertising. The prices at which motor vehicles may be United States, 268 U.S. 563 (1925) and NADA officer also complained directly sold or offered in the United States to its progeny; (5) participate in bona fide to the dealers in question about the any consumer. Sections IV (B)–(E) dispute resolution activities involving advertisements. He used NADA address the specific activities of the the parties to specific transactions; and letterhead and referred to his position NADA and its officers and directors that (6) disseminate information about laws with the NADA in a manner that were the source of the antitrust and government regulations that affect suggested that the was acting on behalf violations. dealers, and encourage dealers to of NADA in communicating his Section IV(B) of the Proposed Final comply with those laws. Section V(B) complaints and seeking agreement from Judgment prohibits the NADA from clarifies that nothing in the proposed the dealers. In some instances, the urging, encouraging, advocating, or Final Judgment limits individual NADA officer obtained the dealers’ suggesting that dealers adopt specific dealers’ rights to act independently. agreement not to engage in further margins, specific discounts, or specific Section VI of the Proposed Final invoice advertising. Such an agreement policies relating to the advertising of Judgment requires the NADA to publish by a trade association or its members prices or dealer costs of motor vehicles. a notice describing the Final Judgment not to engage in certain types of Similarly, Section IV(C) prohibits the in Automotive Executive, the NADA’s advertising is a per se violation of the NADA from discouraging dealers from automobile industry trade publication, antitrust laws. adopting specific pricing systems or within 60 days after this proposed Final specific policies relating to the 3. Agreement To Boycott Brokers Judgment is entered, and to send a copy advertising of prices or dealer costs of of the notice to each dealer who Automobile brokers generally buy motor vehicles. Sections IV (B) and (C) becomes a member of the NADA during new vehicles from franchised dealers at prohibit the NADA from urging or the ten-year life of this Final Judgment. discounted prices and resell the encouraging members to make uniform vehicles directly to the public in Secitons VII and VIII require the or collective decisions with respect to NADA to set up an antitrust compliance competition with franchised dealers. On key areas in which they compete, such program to ensure that the NADA’s numerous occasions, the NADA has as prices or advertisements. members are aware of and comply with expressed its dissatisfaction with Section IV(D) prohibits the NADA competition by brokers. In 1994 a task from urging dealers to refuse to do the limitations in the proposed Final force appointed by the NADA’s Board of business with particular types of Judgment and antitrust laws. They Directors issued a report urging dealers persons, to reduce their business with require the NADA to designate an to boycott automobile brokers. The particular types of persons, or to do antitrust compliance officer and to report recommended that dealers business with particular persons only furnish a copy of the Final Judgment, ‘‘Refuse to do business with brokers or on specified terms. This provision is together with a written explanation of buying services. They inevitably do intended to prohibit the NADA from its terms, to each of its officers, harm to new vehicle gross margin using the threat of a group boycott to directors, non-clerical employees, and potential.’’ Although the NADA attempt to pressure manufacturers into members of committees and task forces eventually revised the report to changing policies. It will also bar the that address issues related to the eliminate that recommendation, the NADA from urging dealers to reduce or purchase and sale of automobiles. The original version of the report was first eliminate the amount of business they NADA is also required to review the disseminated to over 200 dealer do with particular types of buyers, such final draft of each speech and policy representatives and other individuals as brokers. Finally, Section IV(E) statement by each officer, director, active in the automobile industry. An prohibits the NADA from terminating employee, and committee and task force agreement by a trade association or its the membership of any dealer for member, as well as the content of each members not to do business with other reasons relating to that dealer’s pricing letter, memorandum and report written competitors or customers for purposes or advertising of prices or dealer costs. by or on behalf of each director in his of restricting price competition is a per Section V of the Proposed Final capacity as NADA director, in order to se violation of the Sherman Act. Judgment contains certain limiting ensure adherence to the Final Judgment. provisions that clarify the scope of the Section IX of the Proposed Final III. Explanation of the Proposed Final prohibitions in Section IV. Section V Judgment provides that, upon request of Judgment identifies specific NADA activities that the Department of Justice, the NADA The parties have stipulated that the are unlikely to restrict competition and shall submit written reports, under oath, Court may enter the proposed Final are not prohibited by the decree. with respect to any of the matters Judgment at any time after compliance Specifically, Section V(A) provides that contained in the Final Judgment. with the APPA. The proposed Final the NADA may (1) continue to Additionally, the Department of Justice Judgment states that it shall not disseminate specific valuation is permitted to inspect and copy all constitute an admission by either party information in the N.A.D.A. Official books and records, and to interview with respect to any issue of fact or law. Used Car Guide; (2) engage in collective officers, directors, employees and agents Section III of the proposed Final action to procure government action, of the NADA. Judgment provides that it shall apply to such as lobbying activities, when those The Government believes that the the NADA and each of its officers, actions are immune from antitrust proposed Final Judgment is fully directors, agents, employees, committee challenge under the Noerr-Pennington adequate to prevent the continuation or and task force members, and successors, doctrine; (3) present the views, recurrence of the violations of Section 1 and any organization that acquires or opinions, or concerns of its members on of the Sherman Act alleged in the merges with the NADA. topics to manufacturers, dealers, Complaint, and that disposition of this Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51499 proceeding without further litigation is VI. Alternatives to the Proposed Final Attention: Dan Chenok, Desk Officer, appropriate and in the public interest. Judgment 725 17th St., NW., Room 10235, New The only alternative to the proposed Executive Office Building, Washington, IV. Remedies Available to Potential DC 20503. Requests for copies of the Private Litigants Final Judgment considered by the Government was a full trial on the proposed information collection request Section 4 of the Clayton Act, 15 merits and on relief. Such litigation should be addressed to Theresa M. U.S.C. 15, provides that any person who would involve substantial cost to the O’Malley, Department of Labor, 200 has been injured as a result of conduct United States and is not warranted, Constitution Ave., NW Room N–1301, prohibited by the antitrust laws may because the proposed Final Judgment Washington, DC 20210. bring suit in federal court to recover provides appropriate relief against the FOR FURTHER INFORMATION CONTACT: three times the damages the person has violations alleged in the Complaint. Theresa M. O’Malley, (202) 219–5095. suffered, as well as costs and reasonable Individuals who use a VII. Determinative Materials and telecommunications device for the deaf attorneys fees. Entry of the proposed Documents Final Judgment will neither impair nor (TTY/TDY) may call (202) 219–4720 assist the bringing of any private No particular materials or documents between 1:00 p.m. and 4:00 p.m. Eastern time, Monday through Friday. antitrust damage action. Under the were determinative in formulating the provisions of Section 5(a) of the Clayton proposed Final Judgment. SUPPLEMENTARY INFORMATION: Section Act, 15 U.S.C. 16(a), the Final Judgment Consequently, the Government has not 3517 of the Paperwork Reduction Act of attached any such materials or has no prima facie effect in any 1980 (44 U.S.C. Chapter 3517) requires documents to the proposed Final subsequent private lawsuit that may be that the Director of OMB provide Judgment. brought against the defendant. interested persons an early opportunity Dated: September 20, 1995. to comment on information collection V. Procedures Available for Respectfully submitted, requests. OMB may amend or waive the Modification of the Proposed Final Mary Jean Moltenbrey, requirement for public consultation to Judgment the extent that public participation in Chief. the approval process would defeat the The United States and the defendant Robert J. Zastrow, purpose of the information collection, have stipulated that the proposed Final Assistant Chief. violate State or Federal law, or Judgment may be entered by the Court Minaksi Bhatt, substantially interfere with the agency’s after compliance with the provisions of Susan L. Edelheit, ability to perform its statutory the APPA, provided that the United D.C. Bar #250720. obligations. States has not withdrawn its consent. Theodore R. Bolema, The Director, Office of Information The APPA provides a period of at Resources Management Policy, Attorneys, Civil Task Force II Antitrust publishes this notice simultaneously least 60 days preceding the effective Division, U.S. Department of Justice, 325 7th date of the proposed Final Judgment Street, NW., Room 300, Washington, DC. with the submission of this request to within which any person may submit to 20530. OMB. This notice contains the following information: the United States written comments [FR Doc. 95–24380 Filed 9–29–95; 8:45 am] regarding the proposed Final Judgment. Type of Review: Expedited Review BILLING CODE 4410±01±M Any person who wants to comment Title: Certification Records For Tests, should do so within 60 days of the date Inspections, Maintenance Checks and of publication of this Competitive Training DEPARTMENT OF LABOR Impact Statement in the Federal Frequency of Response: Varies Affected Public: Business or other for- Register. The United States will Office of the Secretary evaluate the comments, determine profit; Federal Government; State whether it should withdraw its consent, Certification Records for Tests, Government and respond to the comments. The Inspections, Maintenance Checks and Number of Respondents: 6 Million Estimated Time per Response: Five comments and the response of the Training minutes to two hours United States will be filed with the AGENCY: Office of the Secretary, Labor. Total Annual Burden Hours: 8.7 million Court and published in the Federal Respondents Obligation to Reply: Register. SUMMARY: The Director, Office of Information Resources Management Description: There are 33 provisions in Written comments should be Policy, invites comments on the OSHA’s safety standards (Parts 1910, submitted to: Mary Jean Moltenbrey, following proposed expedited review 1915, and 1926) that require Chief, Civil Task Force II, U.S. information collection request as employers to conduct tests, Department of Justice, Antitrust required by the Paperwork Reduction inspections, maintenance checks or Division, 315 7th Street, NW., Room Act of 1980, as amended. training, and to prepare a certification 300, Washington, DC. 20530. DATES: This expedited review is being record which indicates the date of the Under Section X of the proposed requested in accordance with the Act, test, inspection, maintenance check or Final Judgment, the Court will retain since allowing for the normal review training was done and what was jurisdiction over this matter for the period would adversely affect the public inspected, etc. The record must be purpose of enabling either of the parties interest. Approval by the Office of signed and kept on file. to apply to the Court for such further Management and Budget (OMB) has Signed at Washington, D.C., this 26th day orders or directions as may be necessary been requested by September 29, 1995. of September 1995. for the construction, implementation, ADDRESSES: Written comments should Theresa M. O’Malley, modification, or enforcement of the be addressed to the Office of Acting Departmental Clearance Officer. Final Judgment, or for the punishment Management and Budget (OMB), Office [FR Doc. 95–24399 Filed 9–29–95; 8:45 am] of any violations of the Final Judgment. of Information and Regulatory Affairs, BILLING CODE 4510±26±M 51500 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
Employment and Training Texas, as eligible to apply for trade [TA±W±30,880] Administration adjustment assistance under Section 223 of the Trade Act of 1974. G.E. Power Systems Including [TA±W±29,571; TA±W±29,571A] Corporate Research and Development As stated in the Department’s July 13, and G.E. Computer Services AT&T Microelectronics, Allentown, 1994, denial on reconsideration for the Pennsylvania and Orlando, Florida; Schenectady, New York; Amend subject firm, Electronix’s customers Certification Regarding Eligibility To Amended Certification Regarding reported no imports of computers like or Eligibility To Apply for Worker Apply for Worker Adjustment directly competitive with those Assistance Adjustment Assistance produced by Electronix. Administrative In accordance with Section 223 of the Record (‘‘AR’’) at 43. New investigation In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273) the findings, however, show that a major Trade Act of 1974 (19 U.S.C. 2273) the Department of Labor issued an customer of Electronix changed its Department of Labor issued a Amended Certification of Eligibility to earlier statement to the Department and Certification of Eligibility to Apply for Apply for Worker Adjustment reported that, during the base period in Worker Adjustment Assistance on May Assistance on May 16, 1994, applicable question, it purchased computers 18, 1995, applicable to all workers of to all workers at AT&T Microelectronics competitive with those produced by G.E. Power Systems, Schenectady, New located in Allentown, Pennsylvania. Electronix workers, at discount retail York. The certification was amended At the request of an affected worker, stores. When combined with nationwide June 9, 1995 to include the Corporate the Department reviewed the import figures, this new finding suggests Research and Development Division of certification for the subject firm. New that Electronix customers could be the subject firm. The amended notice findings show that worker separations purchasing indirect imports of have occurred at the subject firm’s was published in the Federal Register computers. These import figures show on June 21, 1995 (60 FR 32347). production facility in Orlando, Florida. that the value of U.S. imports of data At the request of the petitioners the The workers produce integrated circuits. processing equipment and parts The intent of the Department’s Department reviewed the certification increased absolutely and relative to certification is to include all workers of for workers of the subject firm. New domestic shipments in the time period AT&T Microelectronics adversely findings show some workers were relevant to the investigation. AR at affected by increased imports. transferred from the subject firm to G.E. 13–15. Accordingly, the Department is Capital Computer Services but amending the certification to cover the The Irving facility was closed August continued to provide ongoing support workers of the subject firm in Orlando, 31, 1993 and all workers separated at services for G.E. Power Systems. Layoffs Florida. that time. subsequently occurred at G.E. Capital The amended notice applicable to Computer Services. The Department is TA–W–29,571 is hereby issued as Conclusion amending the certification to include follows: After careful review of the additional workers of G.E. Capital-Computer All workers of AT&T Microelectronics, facts obtained on reconsideration, it is Services that provided support services Allentown, Pennsylvania (TA–W–29,571) concluded that increased imports of related to the production of steam and Orlando, Florida (TA–W–29,517A) articles like or directly competitive with engaged in employment related to the turbines and generators. production of integrated circuits who became computers produced at Electronix The intent of the Department’s totally or partially separated from Servicenter, Irving, Texas contributed certification is to include all workers of employment on or after February 17, 1993 are importantly to the decline in sales or G.E. Power Systems adversely affected eligible to apply for adjustment assistance production and to the total or partial by imports. under Section 223 of the Trade Act of 1974. separation of workers at subject firm. In Signed at Washington, D.C. this 19th day accordance with the provisions of the The amended notice applicable to of September 1995. Trade Act of 1974, I make the following TA–W–30,880 is hereby issued as Victor J. Trunzo, revised determination: follows: Program Manager, Policy and Reemployment ‘‘All workers of Electronix Servicenter, ‘‘All workers of G.E. Power Systems, Services, Office of Trade Adjustment including Corporate Research and Assistance. Irving, Texas who became totally or partially separated from employment on or after Development, and workers of G.E. Capital [FR Doc. 95–24396 Filed 9–29–95; 8:45 am] September 29, 1992 are eligible to apply for Computer Services providing support BILLING CODE 4510±30±M adjustment assistance under Section 223 of services related to the production of steam the Trade Act of 1974.’’ turbines and generators at G.E. Power Systems, Schenectady, New York who [TA±W±29,496] Signed at Washington, DC this 20th day of became totally or partially separated from September 1995. Electronix Servicenter, Irving, Texas; employment on or after November 19, 1993 Victor J. Trunzo, Notice of Revised Determination on are eligible to apply for adjustment assistance Reconsideration Program Manager, Policy and Reemployment under Section 223 of the Trade Act of 1974.’’ Services, Office of Trade Adjustment Signed at Washington, DC, this 21st day of The Department, on its own motion, Assistance. September 1995. has reconsidered its negative [FR Doc. 95–24394 Filed 9–29–95; 8:45 am] Victor J. Trunzo, determination in Former Employees of BILLING CODE 4510±30±M Electronix Service Center v. Robert Program Manager, Policy and Reemployment Reich, No. 94–06–00356, U.S. Court of Services Office of Trade Adjustment Assistance. International Trade. As a result of this reconsideration, the Department is now [FR Doc. 95–24393 Filed 9–29–95; 8:45 am] certifying the workers of Electronix BILLING CODE 4510±30±M Servicenter (‘‘Electronix’’), in Irving, Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51501
Investigations Regarding Certifications Chapter 2, of the Act. The investigations Assistance, at the address shown below, of Eligibility To Apply for Worker will further relate, as appropriate, to the not later than October 12, 1995. Adjustment Assistance determination of the date on which total The petitions filed in the case are or partial separations began or available for inspection at the Office of Petitions have been filed with the threatened to begin and the subdivision the Director, Office of Trade Adjustment Secretary of Labor under Section 221(a) of the firm involved. of the Trade Act of 1974 (‘‘the Act’’) and The petitioners or any other persons Assistance, Employment and Training are identified in the Appendix to this showing a substantial interest in the Administration, U.S. Department of notice. Upon receipt of these petitions, subject matter of the investigations may Labor, 200 Constitution Avenue, NW., the Director of the Office of Trade request a public hearing, provided such Washington, DC 20210. Adjustment Assistance, Employment request is filed in writing with the Signed at Washington, DC this 18th day of and Training Administration, has Director, Office of Trade Adjustment September, 1995. instituted investigations pursuant to Assistance, at the address show below, Victor J. Trunzo, Section 221(a) of the Act. not later than October 12, 1995. The purpose of each of the Interested persons are invited to Program Manager, Policy & Reemployment Services, Office of Trade Adjustment investigations is to determine whether submit written comments regarding the Assistance. the workers are eligible to apply for subject matter of the investigations to adjustment assistance under Title II, the Director, Office of Trade Adjustment Appendix
PETITIONS INSTITUTED ON 09/18/95
TA±W Subject firm (petitioners) Location Date of peti- Product(s) tion
31,417 ...... Parker Drilling Co. (Co.) ...... Tulsa, OK ...... 09/01/95 Crude Oil & Natural Gas. 31,418 ...... Lincoln Brass Works Inc. (IAM) ...... Waynesboro, TN ...... 08/10/95 Manifolds, Brass Valves & Assemblies. 31,419 ...... Fifth Street Slacks (Wkrs.) ...... Louisville, GA ...... 09/07/95 Men's and Boys' Slacks. 31,420 ...... Eaton Corporation (Wkrs.) ...... Crystal Lake, IL ...... 09/06/95 Timer Motors for Washers & Driers. 31,421 ...... Continental Systems (Co.) ...... Jonesboro, AR ...... 09/07/95 Exercise Equipment. 31,422 ...... Concord Fabrics, Inc. (Wkrs.) ...... Washington, GA ...... 08/28/95 Woven Fabrics. 31,423 ...... Astor Knitting Mills, Inc (Wkrs.) ...... Reading, PA ...... 09/07/95 Ladies' Swimsuits. 31,424 ...... AI of Tennessee, Inc (Co.) ...... Powell, TN ...... 09/07/95 Men's & Ladies' Sweatshirts, T-Shirts. 31,425 ...... Walker Equipment Corp. (Co.) ...... Ringgold, GA ...... 08/29/95 Telephone Headsets & Handsets. 31,426 ...... Wonder Well Service, Inc. (Wkrs.) ...... Glenville, WV ...... 08/11/95 Provide Well Services. 31,427 ...... Tri-Con Industries (UNITE) ...... Cape Girardeau, MO . 09/01/95 Auto Seat Covers. 31,428 ...... Shorewood Packaging (IUE) ...... Pittsford, NY ...... 09/05/95 Packaging for Retail Merchandise. 31,429 ...... Pine Shirt Company (Co.) ...... Pottsville, PA ...... 09/05/95 Ladies' Blouses. 31,430 ...... Pennant Service Co. (Co.) ...... Denver, CO ...... 08/29/95 Provide Oil & Gas Well Services. 31,431 ...... Max Kahn Curtain Corp (Co.) ...... Evergreen, AL ...... 08/29/95 Soft Home Furnishings. 31,432 ...... B.W. Harris Mfg. Co. (Co.) ...... West St. Paul, MN ..... 08/25/95 Men's Outerwear. 31,433 ...... Smith Valve Corp. (Wkrs.) ...... Whitinsville, MA ...... 09/07/95 Brass Ball Valves. 31,434 ...... CVI, Incorporated (PPF) ...... Hilliard, OH ...... 06/06/95 Cryogenics & High Vaccum Equipment. 31,435 ...... Consolidated Oil & Gas (Wkrs.) ...... Denver, CO ...... 08/31/95 Oil & Gas Exploration, Production. 31,436 ...... Elf Exploration, Inc. (Wkrs.) ...... Houston, TX ...... 08/31/95 Oil and Gas. 31,437 ...... HALC (Wkrs.) ...... Belle Vernon, PA ...... 09/05/95 Christmas Theme Apparel. 31,438 ...... Angelica Uniform Group (Wkrs.) ...... Ackerman, MS ...... 08/31/95 Men's & Ladies' Dress & Work Shirts. 31,439 ...... Prestwyck Ltd. (Wkrs.) ...... Thomson, GA ...... 09/05/95 Ladies' Sportswear.
[FR Doc. 95–24395 Filed 9–29–95; 8:45 am] and Morganton, North Carolina. The The amended notice applicable to BILLING CODE 4510±30±M amended notices were issued September TA–W–30,089 through TA–W–30,092 is 16, 1994 and February 25, 1995, and hereby issued as follows: published in the Federal Register on ‘‘All workers of Sara Lee Knit Products, September 27, 1994 (59 FR 49257) and Sara Lee Knit Products; Amended Martinsville, Virginia (TA–W–30,089); Certification Regarding Eligibility To March 10, 1995 (60 FR 13179), Gretna, Virginia (TA–W–30,089A); Apply for Worker Adjustment respectively. Morganton, North Carolina (TA–W–30,089B); Assistance The Department reviewed the subject Mocksville, North Carolina (TA–W–30,089C); certification, and is again amending the Sparta, North Carolina (TA–W–30,089D); In accordance with Section 223 of the certification to cover the workers at the Midway, Georgia (TA–W–30,090); Cloverleaf Trade Act of 1974 (19 U.S.C. 2273) the Sara Lee Knit Product locations in Knitting, Martinsville, Virginia (TA–W– Department of Labor issued a Notice of Mocksville and Sparta, North Carolina. 30,091); and Central Distribution, Certification Regarding Eligibility to The workers produce T-shirts. The Martinsville, Virginia (TA–W–30,092) Apply for Worker Adjustment findings show that production and sales respectively, who became totally or partially Assistance on August 26, 1994, data for these additional locations were separated from employment on June 27, 1993 applicable to all workers of Sara Lee included in the corporate statistics are eligible to apply for adjustment assistance Knit Products at various plants in provided by Sara Lee. Company officials under Section 223 of the Trade Act of 1974.’’ Martinsville, Virginia and Midway, report layoffs have occurred. Georgia. The certification was The intent of the Department’s subsequently amended to include Sara certification is to include all workers of Lee Knit Product workers at the subject Sara Lee Knit Products who were firm plants located in Gretna, Virginia adversely affected by imports. 51502 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
Signed at Washington, D.C. this 19th day adjustment assistance under Section 223 of became totally or partially separated from of September 1995. the Trade Act of 1974: employment on or after December 8, 1993 are Victor J. Trunzo, TA–W–30,378B California (Including eligible to apply for NAFTA–TAA Section 250 of the Trade Act of 1974.’’ Program Manager, Policy and Reemployment Producing Accounting—Bakersfield) Services, Office of Trade Adjustment TA–W–30,378C Colorado (Including Signed at Washington, DC, this 19th Assistance. Producing Accounting—Denver) day of September 1995. [FR Doc. 95–24397 Filed 9–29–95; 8:45 am] TA–W–30,378F Louisiana (Including Victor J. Trunzo, Producing Accounting—New Orleans) BILLING CODE 4510±30±M Program Manager, Policy and Reemployment TA–W–30,378K Texas (Including Producing Services, Office of Trade Adjustment Accounting—Midland; Producing Assistance. Accounting—Gas-East; Producing Texaco Exploration and Production, Accounting—Gas-West; and Producing [FR Doc. 95–24398 Filed 9–29–95; 8:45 am] Inc.; Amended Certification Regarding Accounting—Texaco Natural Gas).’’ BILLING CODE 4510±30±M Eligibility To Apply for Worker Signed at Washington, D.C. this 21st day of Adjustment Assistance September 1995. In accordance with Section 223 of the Victor J. Trunzo, NATIONAL AERONAUTICS AND Trade Act of 1974 (19 U.S.C. 2273) the Program Manager, Policy and Reemployment SPACE ADMINISTRATION Department of Labor issued a Services, Office of Trade Adjustment [Notice 95±090] Certification of Eligibility to Apply for Assistance. Worker Adjustment Assistance on [FR Doc. 95–24392 Filed 9–29–95; 8:45 am] Notice of Prospective Patent License December 2, 1994, applicable to all BILLING CODE 4510±30±M AGENCY: National Aeronautics and workers of Texaco Exploration and Space Administration. Production, Inc., operating at various ACTION: locations in the United States. The Sara Lee Knit Products; Amended Notice of prospective patent license. certification was subsequently amended Certification Regarding Eligibility To Apply for NAFTA Transitional December 16, 1994 and March 16, 1995, SUMMARY: NASA hereby gives notice to include workers of the subject firm Adjustment Assistance that VivoRx Pharmaceuticals, Inc., of operating in additional States. The In accordance with Section 250(a), Santa Monica, California, has requested amendments were published in the Subchapter D, Chapter 2, Title II, of the a partially exclusive license to practice Federal Register on January 4, 1995 (60 Trade Act of 1974, as amended (19 USC the inventions described in: U.S. Patent FR 48) and March 27, 1995 (60 FR 2273), the Department of Labor issued a No. 5,153,132 entitled ‘‘Three- 15793), respectively. Certification for NAFTA Transitional Dimensional Co-Culture Process’’; U.S. At the request of petitioners, the Adjustment Assistance on August 5, Patent No. 5,308,764 entitled ‘‘Multi- Department reviewed the subject 1994, applicable to all workers of the Cellular Three-Dimensional Living certification. New information received several plants and facilities of the Sara Mammalian Tissue’’; U.S. Patent No. from the company shows that certain Lee Knit Products, in Martinsville, 5,155,034 entitled ‘‘Three-Dimensional groups within the Comptrollers Virginia. Cell to Tissue Assembly Process’’; U.S. Department of Texaco, Inc., including The certification was subsequently Patent No. 5,330,908 entitled ‘‘High Producing Accounting—Bakersfield; amended to cover workers at the subject Density Cell Culture System’’; U.S. Denver; New Orleans; Midland; Gas- firm locations in Gretna, Virginia and Patent No. 4,839,046 entitled ‘‘Bio- East; Gas-West; and Texaco Natural Gas Morganton, North Carolina. The notice Reactor Chamber’’; U.S. Patent No. directly support the operations of was published in the Federal Register 5,026,650 entitled ‘‘Horizontally Rotated Texaco Exploration and Production, Inc. on March 10, 1995 (60 FR 13182). Cell Culture System with a Coaxial New findings show that there have been At the request of the company the Tubular Oxygenator’’; and U.S. Patent worker separations. Further findings Department reviewed the certification No. 5,002,890 entitled ‘‘Spiral Vane Bio- show that effective January 1, 1995 all for workers of the subject firm. New Reactor’’; and the inventions disclosed Texaco, Inc. service departments, information received from the company in the following patent applications: including the Comptrollers Department, reveals that worker separations have Serial No. 08/170,488, Three- were assigned to a new subsidiary occurred at the Sara Lee Knit Product Dimensional Co-Culture Process’’; Serial called Texaco Groups Inc. Accordingly, locations in Mocksville and Sparta, No. 08/066,292, ‘‘Process for Complex the Department is amending the North Carolina. Three-Dimensional Co-Culture of certification to include workers in the The intent of the Department’s Normal Human Small Intestine’’; Serial Comptrollers Department. certification is to include all workers No. 08/277,827, ‘‘Horizontal Rotating The intent of the Department’s who were adversely affected by Ozygentator for High-Density Cell certification is to include all workers of increased imports. Accordingly, the Culture’’; Serial No. 08/172,962, the subject firm who were adversely Department is again amending the ‘‘Process for Developing High-Fidelity affected by increased imports. certification to include the Sara Lee Knit Three Dimensional Tumor Models for The amended notice applicable to Human Bladder Carcinoma’’; Serial No. TA–W–30,378B, TA–W–30,378C, TA– Products workers located in Mocksville and Sparta, North Carolina. 08/366,065, ‘‘Horizontal Rotating-Wall W–30,378F, and TA–W–30,378K is Vessel Propagation in Vitro Human hereby issued as follows: The amended notice applicable to NAFTA—00168 is hereby issued as Tissue Models’’; and Serial No. 08/ ‘‘All workers of Texaco Exploration and follows: 291,791, ‘‘Recombinant Protein Production, Inc. and the Comptrollers Production and Insect Cell Culture and Department of Texaco, Inc. a/k/a Texaco ‘‘All workers of Sara Lee Knit Products Process’’; all of which are assigned to plants located in Martinsville, Virginia Group Inc., operating out of various locations the United States of America as as specified below engaged in the exploration (NAFTA–00168); Gretna, Virginia (NAFTA– and production of crude oil, natural gas 00168A); Morganton, North Carolina represented by the Administrator of the liquids and natural gas who became totally (NAFTA–00168B); Mocksville, North National Aeronautics and Space or partially separated from employment on or Carolina (NAFTA–00168C); and Sparta, Administration. Written objections to after October 3, 1993 are eligible to apply for North Carolina (NAFTA–00168D) who the prospective grant of a license should Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51503 be sent to Mr. James M. Cate, Patent authorized access to protected areas with the plant’s physical security plan, Attorney, NASA Johnson Space Center. without escort provided the individual neither licensee employee nor DATES: Responses to this Notice must be ‘‘receives a picture badge upon entrance contractors are allowed to take badges received by December 1, 1995. into the protected area which must be offsite. FOR FURTHER INFORMATION CONTACT: returned upon exit from the protected Under the proposed system, each Mr. James M. Cate, NASA Johnson area. * * *’’ individual who is authorized for Space Center, Mail Code HA, Houston, The licensee proposed to implement unescorted access into protected areas TX 77058; telephone number (713) 483– an alternative unescorted access control would have the physical characteristics 1001. system which would eliminate the need of their hand (hand geometry) registered to issue and retrieve badges at each Dated: September 22, 1995. with their badge number in the access entrance/exit location and would allow control system. When an individual Edward A. Frankle, all individuals with unescorted access enters the badge into the card reader General Counsel. to keep their badges with them when and places the hand on the measuring [FR Doc. 95–24352 Filed 9–29–95; 8:45 am] departing the site. surface, the system would record the BILLING CODE 7510±01±M An exemption from certain individual’s hand image. The unique requirements of 10 CFR 73.55(d)(5) is characteristics of the extracted hand required to allow contractors who have image would be compared with the NUCLEAR REGULATORY unescorted access to take their badges previously stored template in the access COMMISSION offsite instead of returning them when control system to verify authorization exiting the site. By letter dated May 5, [Docket Nos. 50±275 and 50±323] for entry. Individuals, including 1995, and supplements dated July 28, licensee employees and contractors, Pacific Gas and Electric Company, 1995, September 14, 1995 and would be allowed to keep their badges (Diablo Canyon Nuclear Power Plant September 19, 1995, the licensee with them when they depart the site and Units 1 and 2) requested an exemption from certain thus eliminate the process to issue, requirements of 10 CFR 73.55(d)(5) for retrieve and store badges at the entrance Exemption this purpose. stations to the plant. Badges do not I III carry any information other than a On November 2, 1984, the Pursuant to 10 CFR 73.5, ‘‘Specific unique identification number. Commission issued Facility Operating exemptions,’’ the Commission may, All other access processes, including License No. DPR–80 and on August 26, upon application of any interested search function capability, would 1985, the Commission issued Facility person or upon its own initiative, grant remain the same. This system would not Operating License No. DPR–82 to such exemptions in this part as it be used for persons requiring escorted Pacific Gas and Electric Company (the determines are authorized by law and access, i.e., visitors. licensee) for the Diablo Canyon Nuclear will not endanger life or property or the Based on a Sandia report entitled, ‘‘A Power Plant, Units 1 and 2 (DCPP), common defense and security, and are Performance Evaluation of Biometric respectively. The license provides, otherwise in the public interest. Identification Devices’’ (SAND91—0276 among other things, that the licensee is Pursuant to 10 CFR 73.55, the UC—906 Unlimited Release, printed subject to all rules, regulations, and Commission may authorize a licensee to June 1991), and on the licensee’s orders of the Commission now or provide measures for protection against experience with the current photo- hereafter in effect. radiological sabotage provided the identification system, the licensee stated licensee demonstrates that the measures that the false acceptance rate for the II have ‘‘the same high assurance hand geometry system is comparable to It is stated in 10 CFR 73.55, objective’’ and meet ‘‘the general that of the current system. The ‘‘Requirements for physical protection performance requirements’’ of the biometric system has been in use for a of licensed activities in nuclear power regulation, and ‘‘the overall level of number of years at several sensitive reactors against radiological sabotage,’’ system performance provides protection Department of Energy facilities. The paragraph (a), that ‘‘The licensee shall against radiological sabotage licensee will implement a process for establish and maintain an onsite equivalent’’ to that which would be testing the proposed system to ensure physical protection system and security provided by the regulation. continued overall level of performance organization which will have as its At the DCPP site, unescorted access equivalent to that specified in the objective to provide high assurance that into protected areas is controlled regulation. The Physical Security Plan activities involving special nuclear through the use of a photograph on a for DCPP will be revised to include material are not inimical to the common combination badge and keycard. implementation and testing of the hand defense and security and do not (Hereafter, these are referred to as geometry access control system and to constitute an unreasonable risk to the badges.) The security officers at the allow licensee employees and public health and safety.’’ entrance station use the photograph on contractors to take their badges offsite. It is specified in 10 CFR 73.55(d), the badge to visually identify the The licensee will control all points of ‘‘Access Requirements,’’ paragraph (1), individual requesting access. The personnel access into a protected area that ‘‘The licensee shall control all badges for both licensee employees and under the observation of security points of personnel and vehicle access contractor personnel who have been personnel through the use of a badge into a protected area.’’ It is specified in granted unescorted access are issued and verification of hand geometry. A 10 CFR 73.55(d)(5) that ‘‘A numbered upon entrance at the entrance/exit numbered picture badge identification picture badge identification system shall location and are returned upon exit. The system will continue to be used for all be used for all individuals who are badges are stored and are retrievable at individuals who are authorized authorized access to protected areas the entrance/exit location. In unescorted access to protected areas. without escort ** *’’ It also states that accordance with 10 CFR 73.55(d)(5), Badges will continue to be displayed by an individual not employed by the contractor individuals are not allowed all individuals while inside the licensee (i.e., contractors) may be to take badges offsite. In accordance protected area. 51504 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
Since both the badges and hand Atomic Energy Act radioactive The following procedures apply to geometry would be necessary for access materials. Panel discussions will be public attendance at the meeting: into the protected areas, the proposed held and individual presentations will 1. Questions or statements from system would provide for a positive be made to clarify and enhance a attendees other than participants, i.e., verification process and the potential general understanding of regulatory participating representatives of each loss of a badge by an individual, as a requirements designed to protect the Agreement State and participating NRC result of taking the badge offsite, would safety of the public and radiation staff will be entertained as time permits; not enable an unauthorized entry into workers. The progress of ongoing and protected areas. revisions to current NRC regulations, as 2. Seating for the public will be on a For the foregoing reasons, pursuant to well as, implementation of new first-come, first-served basis. 10 CFR 73.55, the NRC staff has regulatory requirements will be Dated at Rockville, Maryland this 22nd day determined that the proposed discussed. The status of reporting of September, 1995. alternative measures for protection specific radiological incidents and the For the Nuclear Regulatory Commission. against radiological sabotage meet ‘‘the exchange of radiological safety Richard L. Bangart, same high assurance objective,’’ and information will also be discussed. Director, Office of State Programs. ‘‘the general performance requirements’’ DATE: The public meeting will be held [FR Doc. 95–24405 Filed 9–29–95; 8:45 am] of the regulation and that ‘‘the overall on Monday, October 30, 1995, from 8:00 level of system performance provides a.m. to 5:00 p.m. and 7:00 p.m. to 9:00 BILLING CODE 7590±01±P protection against radiological sabotage p.m.; Tuesday, October 31, 1995, from equivalent’’ to that which would be 8:00 a.m. to 5:00 p.m.; and Wednesday provided by the regulation. November 1, 1995, from 8:00 a.m. to [Docket No. 50±336] IV 12:00 noon. Northeast Nuclear Energy Company; ADDRESSES: Accordingly, the Commission has The meeting is to be held at Notice of Withdrawal of Application for determined that, pursuant to 10 CFR the Ramada Congress Hotel, 520 South Amendment to Facility Operating 73.5, this exemption is authorized by Michigan Avenue, Chicago, Illinois, License law, will not endanger life or property Telephone (312) 427–3800. The U.S. Nuclear Regulatory or the common defense and security, FOR FURTHER INFORMATION CONTACT: Commission (the Commission) has and is otherwise in the public interest. Lloyd A. Bolling, Office of State granted the request of Northeast Nuclear Therefore, the Commission hereby Programs, U.S. Nuclear Regulatory Energy Company (the licensee) to grants Pacific Gas and Electric Company Commission, Washington, D.C. 20555, withdraw its December 16, 1994, an exemption from those requirements Telephone (301) 415–2327, FAX (301) application for proposed amendment to of 10 CFR 73.55(d)(5) relating to the 415–3502 and Internet Facility Operating License No. DPR–65 returning of picture badges upon exit ([email protected]). for the Millstone Nuclear Power Station, from the protected area such that SUPPLEMENTARY INFORMATION: The Unit No. 2 located in New London individuals not employed by the following topics will be covered at this County, Connecticut. licensee, i.e., contractors, who are meeting: The proposed amendment would authorized unescorted access into the 1. Implementation of the Integrated have revised the Technical protected area, may take their picture Materials Performance Evaluation Specifications to require the wind badges offsite. Program (IMPEP). Pursuant to 10 CFR 51.32, the 2. Business Process Reengineering— direction and wind speed sensors at the Commission has determined that the Materials Licensing. 142 foot elevation to identify the data to granting of this exemption will have no 3. Development of Implementation determine action required to preclude significant impact on the environment Procedures for New Agreement State flood damage to the Service Water (60 FR 49640). Program Policies. Pumps. Also the proposed change This exemption is effective upon 4. Materials Regulation Issues— would have corrected a typographical issuance. NESHAPS, Sealed Source and Device error in the location of the sensors at the Registry and Regulations 374 foot elevation. Dated at Rockville, Maryland, this 26th day The Commission had previously of September 1995. Development—10 CFR Part 34 on Industrial Radiography, 10 CFR Part 21 issued a Notice of Consideration of For The Nuclear Regulatory Commission. on the Reporting of Defects and Non- Issuance of Amendment published in Jack W. Roe, Compliance, and Status of Revision of the Federal Register on February 1, Director, Division of Reactor Projects III/IV, 10 CFR Part 40. 1995 (60 FR 6303). However, by letter Office of Nuclear Reactor Regulation. 5. Control and Accountability of dated September 18, 1995, the licensee [FR Doc. 95–24406 Filed 9–29–95; 8:45 am] Generally Licensed Devices, Process for withdrew the proposed change. BILLING CODE 7590±01±P Accepting Abandoned Radioactive For further details with respect to this Material. action, see the application for 6. Operational Events, Abnormal amendment dated December 16, 1994, 1995 All Agreement States Meeting Occurrence Reporting, Nuclear and the licensee’s letter dated AGENCY: Nuclear Regulatory Materials Events Database, and September 18, 1995, which withdrew Commission. Allegations Handling. the application for license amendment. ACTION: Notice of meeting. 7. The meeting will be conducted in The above documents are available for a manner that will expedite the orderly public inspection at the Commission’s SUMMARY: The Nuclear Regulatory conduct of business. A transcript of the Public Document Room, the Gelman Commission (NRC) staff plans to meeting will be available for inspection, Building, 2120 L Street, NW., convene a public meeting with and copying for a fee, at the NRC Public Washington, DC, and at the local public representatives of the 29 Agreement Document Room, 2120 L Street, N.W. document room located at the Learning States to discuss technical and program (Lower Level), Washington, D.C. 20555 Resource Center, Three Rivers management issues in the regulation of on or about November 25, 1995. Community-Technical College, Thames Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51505
Valley Campus, 574 New London against the standards of 10 CFR 50.92(c). Normally, the Commission will not Turnpike, Norwich, CT 06360. The NRC staff’s review is presented issue the amendment until the Dated at Rockville, Maryland, this 25th day below. expiration of the 30-day notice period. of September 1995. A. The changes do not involve a However, should circumstances change For the Nuclear Regulatory Commission. significant increase in the probability or during the notice period such that consequences of an accident previously failure to act in a timely way would Guy S. Vissing, evaluated (10 CFR 50.92(c)(1)) because result, for example, in derating or Senior Project Manager, Project Directorate the proposed setpoint reductions assure shutdown of the facility, the I–3, Division of Reactor Projects—I/II, Office that the secondary system pressure will of Nuclear Reactor Regulation. Commission may issue the license be limited to within 110% (1320 psia) amendment before the expiration of the [FR Doc. 95–24407 Filed 9–29–95; 8:45 am] of its design pressure of 1200 psia 30-day notice period, provided that its BILLING CODE 7590±01±P during the most severe anticipated final determination is that the system operational transient. The most amendment involves no significant [Docket No. 50±443] severe anticipated transient remains a hazards consideration. The final turbine trip from 100% rated thermal determination will consider all public North Altantic Energy Service power coincident with an assumed loss and State comments received. Should Company, et al.; Notice of of condenser heat sink. No other the Commission take this action, it will Consideration of Issuance of changes are made to the design or publish in the Federal Register a notice Amendment to Facility Operating manner of operation of structures, of issuance and provide for opportunity License, Proposed No Significant systems or components. for a hearing after issuance. The Hazards Consideration Determination, B. The changes do not create the Commission expects that the need to and Opportunity for a Hearing possibility of a new or different kind of take this action will occur very accident from any accident previously infrequently. The U.S. Nuclear Regulatory evaluated (10 CFR 50.92(c)(2)) because Written comments may be submitted Commission (the Commission) is the changes do not cause the associated by mail to the Rules Review and considering issuance of an amendment structures, systems, or components to be Directives Branch, Division of Freedom to Facility Operating License No. NPF– operated outside their original design of Information and Publications 86 issued to North Atlantic Energy envelope. No other changes are made to Services, Office of Administration, U.S. Service Corporation (the licensee) for the design or manner of operation of Nuclear Regulatory Commission, operation of the Seabrook Station, Unit structures, systems, or components, and Washington, DC 20555, and should cite No. 1 located in Rockingham County, no new failure mechanisms are the publication date and page number of New Hampshire. introduced. this Federal Register notice. Written The proposed amendment would C. The changes do not involve a comments may also be delivered to modify the Appendix A Technical significant reduction in a margin of Room 6D22, Two White Flint North, Specifications (TSs) for the Turbine safety (10 CFR 50.92(c)(3)) because the 11545 Rockville Pike, Rockville, Cycle Safety Valves. Specifically, the changes will assure that the associated Maryland, from 7:30 a.m. to 4:15 p.m. proposed amendment would change structures, systems and components Federal workdays. Copies of written Seabrook Station Appendix A Technical will continue to be operated within comments received may be examined at Specification Table 3.7–1 to reduce the their original design envelope, and the the NRC Public Document Room, the maximum allowable Power Range proposed changes assure that the Gelman Building, 2120 L Street, NW., Neutron Flux - High setpoints with acceptance criteria for previously Washington, DC. inoperable Main Steam Safety Valves evaluated accidents will continue to be The filing of requests for hearing and (MSSVs) and Table 3.7–2 to reduce the met. The proposed changes assure that petitions for leave to intervene is opening setpoints of the MSSVs. the consequences of postulated discussed below. Before issuance of the proposed overpressure events will remain in By November 1, 1995, the licensee license amendment, the Commission compliance with the Basis to Technical may file a request for a hearing with will have made findings required by the Specification 3.7.1.1. Specifically, the respect to issuance of the amendment to Atomic Energy Act of 1954, as amended Secondary System pressure will be the subject facility operating license and (the Act) and the Commission’s limited to within 110% (1320 psia) of its any person whose interest may be regulations. design pressure of 1200 psia during the affected by this proceeding and who The Commission has made a most severe anticipated system wishes to participate as a party in the proposed determination that the operational transient. The most severe proceeding must file a written request amendment request involves no anticipated transient remains a Turbine for a hearing and a petition for leave to significant hazards consideration. Under trip from 100% Rated Thermal Power intervene. Requests for a hearing and a the Commission’s regulations in 10 CFR coincident with an assumed loss of petition for leave to intervene shall be 50.92, this means that operation of the condenser heat sink. filed in accordance with the facility in accordance with the proposed Based on this review, it appears that Commission’s ‘‘Rules of Practice for amendment would not (1) involve a the three standards of 10 CFR 50.92(c) Domestic Licensing Proceedings’’ in 10 significant increase in the probability or are satisfied. Therefore, the NRC staff CFR Part 2. Interested persons should consequences of an accident previously proposes to determine that the consult a current copy of 10 CFR 2.714 evaluated; or (2) create the possibility of amendment request involves no which is available at the Commission’s a new or different kind of accident from significant hazards consideration. Public Document Room, the Gelman any accident previously evaluated; or The Commission is seeking public Building, 2120 L Street, NW., (3) involve a significant reduction in a comments on this proposed Washington, DC, and at the local public margin of safety. As required by 10 CFR determination. Any comments received document room located at Exeter Public 50.91(a), the licensee has provided its within 30 days after the date of Library, Founders Park, Exeter, NH analysis of the issue of no significant publication of this notice will be 03833. If a request for a hearing or hazards consideration. The NRC staff considered in making any final petition for leave to intervene is filed by has reviewed the licensee’s analysis determination. the above date, the Commission or an 51506 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
Atomic Safety and Licensing Board, relief. A petitioner who fails to file such Commission, the presiding officer or the designated by the Commission or by the a supplement which satisfies these presiding Atomic Safety and Licensing Chairman of the Atomic Safety and requirements with respect to at least one Board that the petition and/or request Licensing Board Panel, will rule on the contention will not be permitted to should be granted based upon a request and/or petition; and the participate as a party. balancing of the factors specified in 10 Secretary or the designated Atomic Those permitted to intervene become CFR 2.714(a)(1)(i)—(v) and 2.714(d). Safety and Licensing Board will issue a parties to the proceeding, subject to any For further details with respect to this notice of hearing or an appropriate limitations in the order granting leave to action, see the application for order. intervene, and have the opportunity to amendment dated September 5, 1995, As required by 10 CFR 2.714, a participate fully in the conduct of the which is available for public inspection petition for leave to intervene shall set hearing, including the opportunity to at the Commission’s Public Document forth with particularity the interest of present evidence and cross-examine Room, the Gelman Building, 2120 L the petitioner in the proceeding and witnesses. Street, NW., Washington, DC, and at the how that interest may be affected by the If a hearing is requested, the local public document room located at results of the proceeding. The petition Commission will make a final Exeter Public Library, Founders Park, should specifically explain the reasons determination on the issue of no Exeter, NH 03833. why intervention should be permitted significant hazards consideration. The Dated at Rockville, Maryland, this 26th day with particular reference to the final determination will serve to decide of September 1995. when the hearing is held. following factors: (1) The nature of the For the Nuclear Regulatory Commission. petitioner’s right under the Act to be If the final determination is that the Albert W. De Agazio, Sr., made party to the proceeding; (2) the amendment request involves no nature and extent of the petitioner’s significant hazards consideration, the Project Manager, Project Directorate I–3, Commission may issue the amendment Division of Reactor Projects—I/II, Office of property, financial, or other interest in Nuclear Reactor Regulation. the proceeding; and (3) the possible and make it immediately effective, effect of any order which may be notwithstanding the request for a [FR Doc. 95–24404 Filed 9–29–95; 8:45 am] entered in the proceeding on the hearing. Any hearing held would take BILLING CODE 7590±01±P petitioner’s interest. The petition should place after issuance of the amendment. also identify the specific aspect(s) of the If the final determination is that the [Docket Nos. 50±445 and 50±446] subject matter of the proceeding as to amendment request involves a which petitioner wishes to intervene. significant hazards consideration, any Texas Utilities Electric Company, Any person who has filed a petition for hearing held would take place before Comanche Peak Steam Electric leave to intervene or who has been the issuance of any amendment. Station, Units 1 and 2; Exemption admitted as a party may amend the A request for a hearing or a petition petition without requesting leave of the for leave to intervene must be filed with I Board up to 15 days prior to the first the Secretary of the Commission, U.S. The Texas Utilities Electric Company prehearing conference scheduled in the Nuclear Regulatory Commission, (the licensee) is the holder of Facility proceeding, but such an amended Washington, DC 20555, Attention: Operating License Nos. NPF–87 and petition must satisfy the specificity Docketing and Services Branch, or may NPF–89, which authorize operation of requirements described above. be delivered to the Commission’s Public the Comanche Peak Steam Electric Not later than 15 days prior to the first Document Room, the Gelman Building, Station (CPSES), Units 1 and 2. The prehearing conference scheduled in the 2120 L Street, NW., Washington, DC, by licenses provide, among other things, proceeding, a petitioner shall file a the above date. Where petitions are filed that the licensee is subject to all rules, supplement to the petition to intervene during the last 10 days of the notice regulations, and orders of the which must include a list of the period, it is requested that the petitioner Commission now or hereafter in effect. contentions which are sought to be promptly so inform the Commission by These facilities, consist of two litigated in the matter. Each contention a toll-free telephone call to Western pressurized water reactors located at the must consist of a specific statement of Union at 1–(800) 248–5100 (in Missouri licensee’s site in Somervell County, the issue of law or fact to be raised or 1–(800) 342–6700). The Western Union Texas. controverted. In addition, the petitioner operator should be given Datagram II shall provide a brief explanation of the Identification Number N1023 and the bases of the contention and a concise following message addressed to Phillip Title 10 CFR 50.71 ‘‘Maintenance of statement of the alleged facts or expert F. McKee: petitioner’s name and records, making of reports,’’ paragraph opinion which support the contention telephone number, date petition was (e)(4) states, in part, that ‘‘Subsequent and on which the petitioner intends to mailed, plant name, and publication revisions [to the Final Safety Analysis rely in proving the contention at the date and page number of this Federal Report (FSAR)] must be filed annually hearing. The petitioner must also Register notice. A copy of the petition or 6 months after each refueling outage provide references to those specific should also be sent to the Office of the provided the interval between sources and documents of which the General Counsel, U.S. Nuclear successive updates to the FSAR does petitioner is aware and on which the Regulatory Commission, Washington, not exceed 24 months.’’ The two CPSES petitioner intends to rely to establish DC 20555, and to Lillian M. Cuoco, units share a common FSAR; therefore, those facts or expert opinion. Petitioner Esquire, Northeast Utilities Service this rule requires the licensee to update must provide sufficient information to Company, Post Office Box 270, Hartford the same document within 6 months show that a genuine dispute exists with CT 06141–0270, attorney for the after a refueling outage for either unit. the applicant on a material issue of law licensee. III or fact. Contentions shall be limited to Nontimely filings of petitions for matters within the scope of the leave to intervene, amended petitions, 10 CFR 50.12(a), ‘‘Specific amendment under consideration. The supplemental petitions and/or requests exemptions,’’ states that *** contention must be one which, if for hearing will not be entertained The Commission may, upon application by proven, would entitle the petitioner to absent a determination by the any interested person, or upon its own Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51507 initiative, grant exemption from the SECURITIES AND EXCHANGE Securities Act of 1933. Applicant’s requirements of the regulations of this part, COMMISSION registration statement was never which are—(1) Authorized by law, will not declared effective, and applicant has not present an undue risk to the public health [Investment Company Act Release No. issued any securities. The SEC has 21375; 811±6301] and safety, and are consistent with the deemed applicant’s registration common defense and security. (2) The Neuberger & Berman Series Trust; statement to be abandoned. Commission will not consider granting an Notice of Application 2. Applicant has not, within the past exemption unless special circumstances are 18 months, transferred any of its assets present. September 25, 1995. to a separate trust, the beneficiaries of AGENCY: Securities and Exchange 10 CFR 50.12(a)(2)(ii) states that which were or are securityholders of Commission (‘‘SEC’’). special circumstances are present applicant. Applicant has no assets, debts or liabilities and has no when * * * ACTION: Notice of application for deregulation under the Investment securityholders. Applicant is not a party Application of the regulation in the Company Act of 1940 (the ‘‘Act’’). to any litigation or administrative particular circumstances would not serve the proceedings. underlying purpose of the rule or is not APPLICANT: Neuberger & Berman Series 3. Applicant is not now engaged, and necessary to achieve the underlying purpose Trust. does not propose to engage, in any of the rule * * * RELEVANT ACT SECTION: Section 8(f). business activities other than those SUMMARY OF APPLICATION: Applicant necessary for the winding up of its IV requests an order declaring it has ceased affairs. As noted in the staff’s safety to be an investment company. For the SEC, by the Division of Investment evaluation the licensee’s proposed FILING DATE: The application was filed Management, under delegated authority. schedule for FSAR updates will ensure on September 11, 1995. Margaret M. McFarland, that the CPSES FSAR will be HEARING OR NOTIFICATION OF HEARING: An Deputy Secretary. maintained current within 24 months of order granting the application will be [FR Doc. 95–24347 Filed 9–29–95; 8:45 am] the last revision and will not exceed a issued unless the SEC orders a hearing. BILLING CODE 8010±01±M 24 month interval for submission of the Interested persons may request a 10 CFR 50.59 design change report. The hearing by writing to the SEC’s Commission has determined that, Secretary and serving applicant with a [Rel. No. IC±21374; File No. 812±9646] pursuant to 10 CFR 50.12, an exemption copy of the request, personally or by is authorized by law, will not present an mail. Hearing requests should be Northbrook Life Insurance Company, undue risk to the public health and received by the SEC by 5:30 p.m. on et al. October 20, 1995, and should be safety and is consistent with common September 25, 1995. defense or security, and is otherwise in accompanied by proof of service on the AGENCY: Securities and Exchange the public interest. The Commission has applicant, in the form of an affidavit or, Commission (‘‘Commission’’ or ‘‘SEC’’). also determined that special for laywers, a certificate of service. Hearing requests should state the nature circumstances as defined in 10 CFR ACTION: Notice of application for an of the writer’s interest, the reason for the 50.12(a)(2)(ii). The Commission hereby amended order under the Investment request, and the issues contested. Company Act of 1940 (the ‘‘1940 Act’’). grants the licensee an exemption from Persons may request notification of a the requirement of 10 CFR 50.71(e)(4) to hearing by writing to the SEC’s APPLICANTS: Northbrook Life Insurance submit updates to the CPSES FSAR Secretary. Company (‘‘Northbrook’’), Northbrook within six months of each outage. The ADDRESSES: Secretary, SEC, 450 Fifth Variable Annuity Account II (‘‘Variable licensee will be required to submit Street, NW., Washington, DC 20549. Account’’), and Dean Witter Reynolds, updates to the CPSES FSAR once per Applicant, 605 Third Avenue, New Inc. (‘‘Dean Witter’’). fuel cycle (based on the unit with the York, New York 10158–0006. RELEVANT 1940 ACT SECTIONS: Amended shortest interval between scheduled FOR FURTHER INFORMATION CONTACT: order requested under Section 6(c) of refueling outages), but not to exceed 24 Diane L. Titus, Paralegal Specialist, at the 1940 Act granting exemptions from months from the last submittal. (202) 942–0584, or C. David Messman, the provisions of Sections 26(a)(2)(C) Pursuant to 10 CFR 51.32, the Branch Chief, at (202) 942–0564 and 27(c)(2) of the 1940 Act. Commission has determined that (Division of Investment Management, SUMMARY OF APPLICATION: Applicants granting of this exemption will have no Office of Investment Company seek to amend an order under Section significant effect on the quality of the Regulation). 6(c) of the 1940 Act which exempted human environment (60 FR 49293). This SUPPLEMENTARY INFORMATION: The Applicants from the provisions of exemption is effective upon issuance. following is a summary of the Sections 26(a)(2)(C) and 27(c)(2) of the Dated at Rockville, Maryland this 25th day application. The complete application 1940 Act to the extent necessary to of September 1995. may be obtained for a fee from the SEC’s permit the deduction of a mortality and For The Nuclear Regulatory Commission. Public Reference Branch. expense risk charge from the assets of the Variable Account in connection Jack W. Roe, Applicant’s Representations with the issuance and sale of certain Director, Division of Reactor Projects III/IV 1. Applicant is an open-end, non- variable annuity contracts (the Office of Nuclear Reactor Regulation. diversified management investment ‘‘Contracts’’). Applicants propose to [FR Doc. 95–24403 Filed 9–29–95; 8:45 am] company, organized as a business trust amend the Contracts to provide an BILLING CODE 7590±01±P under the laws of the Commonwealth of optional enhanced death benefit and to Massachusetts. On April 19, 1991, deduct an increased mortality and applicant registered under the Act and expense risk charge in connection filed a registration statement under the therewith. 51508 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
FILING DATE: The application was filed licensed to operate in the District of (b) On each certificate anniversary, on June 28, 1995, and amended on Columbia, all states (except New York) but not beyond the certificate September 15, 1995. and Puerto Rico. anniversary preceding all owner(s)’ 75th HEARING OR NOTIFICATION OF HEARING: An 3. The Variable Account was birthday, the Enhanced Death Benefit amended order granting the application established by Northbrook as a will be recalculated as follows: will be issued unless the Commission segregated investment account under (i) The Enhanced Death Benefit as of orders a hearing. Interested persons may the laws of Illinois on May 18, 1990, the prior certificate anniversary request a hearing by writing to the pursuant to a resolution of the Board of multiplied by 1.05 (which results in an Commission’s Secretary and serving Directors, as a funding medium for increase of 5% annually). Applicants with a copy of the request, variable annuity contracts. The Variable (c) Further, for all ages, the Enhanced personally or by mail. Hearing requests Account is registered under the 1940 Death Benefit will be adjusted on each should be received by the Commission Act as a unit investment trust. The certificate anniversary, or upon receipt by 5:30 p.m. on October 19, 1995, and Variable Account is divided into eleven of a death claim, as follows: should be accompanied by proof of subaccounts, each of which invests (i) The Enhanced Death Benefit will service on Applicants in the form of an solely in a corresponding portfolio (the be reduced by the percentage of any affidavit or, for lawyers, a certificate of ‘‘Portfolios’’) of the Dean Witter Variable cash value withdrawn since the prior service. Hearing requests should state Investment Series (the ‘‘Fund’’). Each certificate anniversary. the nature of the requester’s interest, the Portfolio has different investment (ii) Any additional purchase reason for the request, and the issues objectives and policies and operates as payments since the prior certificate contested. Persons may request a separate investment fund. anniversary will be added. 4. Dean Witter, a member of the notification of a hearing by writing to The Enhanced Death Benefit will National Association of Securities the Commission’s Secretary. never be greater than the maximum Dealers and New York Stock Exchange, death benefit allowed by applicable ADDRESSES: Secretary, SEC, 450 5th is the principal underwriter for the state non-forfeiture laws. In addition, Street, N.W., Washington, D.C. 20549. Contracts and is intended to be the the Enhanced Death Benefit does not Applicants, David E. Stone, Esq., principal underwriter of the Amended apply to the death of the annuitant if the Northbrook Life Insurance Company, Contracts. Dean Witter is a wholly- annuitant is different from the owner. 3100 Sanders Road, J5B, Northbrook, owned subsidiary of Dean Witter, 7. Various fees and charges are Illinois 60062. Discover & Co. deducted under the Amended Contracts. FOR FURTHER INFORMATION CONTACT: 5. Applicants state that the Amended An annual contract maintenance charge Mark C. Amorosi, Attorney, or Wendy Contracts are identical to the Contracts of $30 will be deducted from cash value Finck Friedlander, Deputy Chief, at with the exception of the death benefit to reimburse Northbrook for certain (202) 942–0670, Office of Insurance provided and the mortality and expense administrative expenses. This fee is Products (Division of Investment risk charge imposed in connection guaranteed not to increase for the Management). therewith. Under the Contracts, if the duration of the Amended Contract. A SUPPLEMENTARY INFORMATION: Following owner or the last surviving annuitant daily asset-based administration charge is a summary of the application; the dies prior to the payout start date, the equal to an effective annual rate of complete application is available for a death benefit (the ‘‘Standard Death 0.10% of the daily net assets in the fee from the Commission’s Public Benefit’’) will be the greatest of (a) the Variable Account will be deducted to Reference Branch. sum of all purchase payments less any cover actual administrative expenses amounts deducted in connection with Applicant’s Representations which exceed the revenues from the partial withdrawals including any contract maintenance charge. 1. By order dated August 29, 1990 (the applicable early withdrawal charges or Applicants state that they will rely on 1 ‘‘Order’’), Applicants received relief premium taxes; or (b) the cash value on the provisions of Rule 26a–1 under the pursuant to Section 6(c) of the 1940 Act the date that Northbrook receives due 1940 Act for any exemptive relief exempting them from the provisions of proof of death; or (c) the cash value on necessary to permit the deductions for Sections 26(a)(2)(C) and 27(c)(2) of the the most recent death benefit these administrative charges. 1940 Act to the extent necessary to anniversary less any amounts deducted 8. Northbrook reserves the right to allow Northbrook to deduct from the in connection with partial withdrawals, deduct state premium taxes relative to Variable Account the mortality and including any applicable early the Amended Contract either (a) from expense risk charge imposed under the withdrawal charges and premium taxes premium payments as received, (b) Contracts. Applicants propose deducted from the cash value, since that upon a total withdrawal, or (c) at the amending the Contracts (the ‘‘Amended anniversary. The death benefit payout start date. Premium taxes Contracts‘‘) to provide an optional anniversary is every sixth contract currently range from 0% up to 3.5%. enhanced death benefit and to deduct anniversary. 9. Certain full or partial withdrawals an increased mortality and expense risk 6. Applicants state that under the will be subject to a contingent deferred charge in connection therewith. Amended Contracts, owners may elect sales charge (‘‘Early Withdrawal 2. Northbrook, the depositor and an additional death benefit option (the Charge’’) during the first six Amended sponsor of the Variable account, is a ‘‘Enhanced Death Benefit’’) at the time Contract years as follows: stock life insurance company organized of initial purchase. If the owner dies under the laws of Illinois in 1978. prior to the payout start date and has Applicable Number of contract years withdrawal Northbrook is a wholly-owned elected the Enhanced Death Benefit since purchase payment subsidiary of Allstate Life Insurance option, the amount payable will be the charge per- being withdrawn was made centage Company which is a wholly-owned greater of the Standard Death Benefit or subsidiary of Allstate Insurance the Enhanced Death Benefit, which is 0 years ...... 6 Company. Northbrook sells annuities calculated as follows: 1 year ...... 5 and individual life insurance and is (a) On the date of issue, the Enhanced 2 years ...... 4 Death Benefit is equal to the initial 3 years ...... 3 1 Release No. IC–17710 (Aug. 29, 1990). purchase payment. 4 years ...... 2 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51509
Enhanced Death Benefit will be assessed charge for the Standard Death Benefit is Number of contract years Applicable since purchase payment withdrawal the 0.13% increase in the mortality risk reasonable in relation to the risks being withdrawn was made charge per- charge. assumed by Northbrook under the centage 14. Applicants represent that the level Amended Contracts and reasonable in 5 years ...... 1 of the mortality and expense risk amount as determined by industry 6 years or more ...... 0 charges is guaranteed not to increase practice with respect to comparable under the Contracts and the Amended annuity products. Applicants state that Withdrawals are deemed to be from Contracts. The mortality risk arises from this representation is based upon their purchase payments on a first in, first out Northbrook’s guarantee to cover all analysis of publicly available basis. The Early Withdrawal Charge will death benefits and to make income information about comparable industry be deducted from the amount paid. payments in accordance with the products, taking into consideration such Applicants state that there will be no income payment tables, thereby factors as current charge levels and Early Withdrawal Charge on the first relieving the annuitants of the risk of benefits provided, the existence of withdrawal of each contract year on outliving funds accumulated for expense charge guarantees and amounts up to the Free Withdrawal retirement. The expense risk assumed guaranteed annuity rates. Northbrook Amount, i.e., 15% of purchase by Northbrook is the risk that represents that it will maintain at its payments. Northbrook’s actual administrative costs home office, a memorandum, available 10. The Early Withdrawal Charge will will exceed the amount recovered to the Commission, setting forth in be used to pay sales commissions and through the administrative expense and detail the products analyzed in the other promotional or distribution contract maintenance charges. If the course of, and the methodology and expenses associated with the marketing mortality or expense risk charges are results of, its comparative review. of the Amended Contracts. Applicants insufficient to cover the actual costs, 4. Applicants represent that the Applicants state that Northbrook will mortality risk charge of 0.13% for the state that the Early Withdrawal Charge bear the loss. To the extent that the Enhanced Death Benefit is reasonable in may not generate sufficient revenues to charges are in excess of actual costs, relation to the risks assumed by pay the cost of distributing the Applicants state that Northbrook, at its Northbrook under the Amended Amended Contracts. To the extent that discretion, may use the excess to offset Contracts. Applicants state that in the Early Withdrawal Charge is losses when the charges are not making this determination, Northbrook insufficient to cover all sales and sufficient to cover expenses. conducted a large number of trials at distribution expenses, the deficiency various issue ages to determine the will be met from Northbrook’s general Applicants’ Legal Analysis expected cost of the Enhanced Death account, which may include profits 1. Section 6(c) of the 1940 Act Benefit. Hypothetical asset returns were derived from the mortality and expense authorizes the Commission to grant an projected using generally accepted risk charge. exemption from any provision, rule or actuarial simulation methods. For each 11. Shares of the Portfolios are sold to regulation of the 1940 Act to the extent asset return pattern generated, the Variable Account at net asset value. that it is necessary or appropriate in the hypothetical accumulated values were The Fund pays its investment adviser a public interest and consistent with the calculated by applying the projected monthly fee for managing its protection of investors and the purposes asset returns to the initial value in a investments and business affairs. Each fairly intended by the policy and hypothetical account. Each accumulated Portfolio bears certain expenses. provisions of the 1940 Act. Sections value so calculated was then compared 12. A daily charge equal to an 26(a)(2)(C) and 27(c)(2) of the 1940 Act, to the amount of the Enhanced Death effective annual rate of 1.25% of the net in relevant part, prohibit a registered Benefit payable in the event of the assets in the Variable Account will be unit investment trust, its depositor or hypothetical owners’ death during the deducted to compensate Northbrook for principal underwriter, from selling year in question. By analyzing the bearing certain mortality and expense periodic payment plan certificates results of several such simulations, risks under the Contracts. Of that unless the proceeds of all payments, Applicants state that Northbrook was amount, approximately 0.85% is for other than sales loads, are deposited able to determine actuarially the level mortality risks and approximately with a qualified bank and held under cost of providing the Enhanced Death 0.40% is for the expense risk. arrangements which prohibit any Benefit. Based on this analysis, 13. With respect to the amended payment to the depositor or principal Northbrook determined that a mortality Contracts, Northbrook intends to deduct underwriter except a reasonable fee, as risk charge of 0.13% was reasonable for an amount which will vary depending the Commission may prescribe, for providing the Enhanced Death Benefit. on the death benefit option elected by performing bookkeeping and other Northbrook represents that the basis for the owner. If the owner elects the administrative duties normally this determination will be set forth in a Standard Death Benefit, Northbrook performed by the bank itself. memorandum which will be maintained intends to deduct a mortality and 2. Pursuant to Section 6(c), at its home office and will be available expense risk charge equal on an annual Applicants request that the Commission to the Commission upon request. basis to 1.25% of the daily net assets of amend the Order to grant exemptions 5. Applicants acknowledge that the the Variable Account. If the owner from Sections 26(a)(2)(C) and 27(c)(2) of Early Withdrawal Charge may be elects the Enhanced Death Benefit, the the 1940 Act to the extent necessary to insufficient to cover all costs relating to mortality and expense risk charge will permit Northbrook to deduct mortality the distribution of the Amended be equal on an annual basis to 1.38% of and expense risk charge of 1.38% from Contracts. Applicants also acknowledge the daily net assets of the Variable the assets of the Variable Account in that, if a profit is realized from the Account. Of that amount, approximately connection with the issuance of the mortality and expense risk charge, all or 0.98% (0.85% for the Standard Death Amended Contracts for which the a portion of such profit may be available Benefit and 0.13% for the Enhanced Enhanced Death Benefit option has been to pay distribution expenses not Death Benefit) is for mortality risks and elected. reimbursed by the Early Withdrawal approximately 0.40% is for the expense 3. Applicants represent that the Charge. Northbrook represents that there risk. Only owners who elect the 1.25% mortality and expense risk is a reasonable likelihood that the 51510 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices proposed distribution financing FILING DATES: The application was filed 3. A group of CDS participants, arrangements will benefit the Variable on August 22, 1995, and amended on including major IDA member firms and Account and Amended Contract September 20, 1995. certain Canadian chartered banks and owners. Northbrook represents that the HEARING OR NOTIFICATION OF HEARING: An trust companies, have created payment basis for that conclusion is set forth in order granting the application will be strips (‘‘Canadian Strips’’) by stripping a memorandum which will be issued unless the SEC orders a hearing. Canadian securities into component maintained at its home office and will Interested persons may request a parts for sale to investors. The most be available to the Commission upon hearing by writing to the SEC’s common form of Canadian Strips request. Secretary and serving applicants with a involves separating bonds of Canadian 6. Northbrook represents that the copy of the request, personally or by federal or provincial government issuers Variable Account will invest only in mail. Hearing requests should be into individual interest and principal management investment companies received by the SEC by 5:30 p.m. on payment components. Each individual which undertake, in the event they October 23, 1995 and should be Canadian Strip is then separately held should adopt a plan pursuant to Rule accompanied by proof of service on the by the CDS participant or traded. 12b–1 of the 1940 Act to finance applicants, in the form of an affidavit or, 4. CDS participants sell Canadian distribution expenses, to have a board of for lawyers, a certificate of service. Strips directly to investors and maintain directors or trustees, a majority of whom Hearing requests should state the nature a secondary market for the Strips. are not ‘‘interested persons’’ of the of the writer’s interest, the reason for the Canadian Strips are typically held by company within the meaning of Section request, and the issues contested. CDS participants as nominees for 2(a)(19) of the 1940 Act, formulate and Persons may request notification of a investors. The investors have accounts approve any such plan. hearing by writing to the SEC’s with CDS participants and are the Secretary. beneficial owners of the Strips. CDS Conclusion participants generally follow the ADDRESSES: Secretary, SEC, 450 5th For the reasons set forth above, instructions of beneficial owners with Street, NW., Washington, DC 20549. respect to matters relating to securities Applicants represent that the Applicants, CDS, 85 Richmond Street exemptions requested are necessary and held by them as nominees, including West, Toronto, Ontario, M5H 2C9 matters relating to defaults. appropriate in the public interest and Canada; IDA, 121 King Street West, consistent with the protection of 5. Originally, CDS participants Suite 1600, Toronto, Ontario, M5H 3T9 created Canadian Strips by physically investors and the purposes fairly Canada. intended by the policy and provisions of separating individual coupons from FOR FURTHER INFORMATION CONTACT: the 1940 Act. bearer bond certificates (‘‘Physical Sarah A. Buescher, Staff Attorney, at Strips’’). Certificates underlying For the Commission, by the Division of (202) 942–0573, or C. David Messman, Physical Strips are in bearer form, held Investment Management, pursuant to Branch Chief, at (202) 942–0564 for CDS by Canadian banks or trust delegated authority. (Division of Investment Management, companies. In 1987, CDS participants Margaret M. McFarland, Office of Investment Company began depositing Physical Strips into Deputy Secretary. Regulation). CDS and also began stripping Canadian [FR Doc. 95–24348 Filed 9–29–95; 8:45 am] SUPPLEMENTARY INFORMATION: The debt securities electronically on a book- BILLING CODE 8010±01±M following is a summary of the entry only basis under CDS procedures. application. The complete application The electronic ledger system at CDS may be obtained for a fee from the SEC’s separates the underlying securities held [Rel. No. IC±21377; International Series Public Reference Branch. in participants’ accounts into the Release No. 859; 812±9728] corresponding book-entry only strip Applicants’ Representations payment components (‘‘Book-Entry The Canadian Depository for 1. CDS is the major securities Strips’’). The certificates underlying Securities Limited and the Investment depository and clearing corporation in Book-Entry Strips are registered on the Dealers Association of Canada; Notice Canada. CDS is regulated by the Ontario books of the issuer in the name of CDS of Application Securities Commission and by the or its custodian. Canadian Strips September 26, 1995. Commission des valeurs mobilie`res du include Physical Strips deposited with ´ CDS and Book-Entry Strips which are AGENCY: Securities and Exchange Quebec pursuant to provincial securities recorded on CDS ledgers. Commission (‘‘SEC’’). acts. CDS also has entered into an oversight agreement with the Bank of 6. The total face value of Canadian ACTION: Notice of Application for Canada, and CDS cooperates with the Strips on deposit as of April 30, 1995 Exemption under the Investment Office of the Superintendent of was Cdn $130 billion, of which more Company Act of 1940 (the ‘‘Act’’). Financial Institutions. CDS is qualified than 95% relate to bonds issued or guaranteed either by Canada or a APPLICANTS: The Canadian Depository to serve in Canada as an eligible foreign Canadian province, approximately 3.5% for Securities Limited (‘‘CDS’’) and the custodian for registered United States relate to Canadian corporate issuers, and Investment Dealers Association of investment companies under rule 17f–5 1 the remainder relate to municipal and Canada (‘‘IDA’’). of the Act. 2. IDA is the national self-regulatory other Canadian issuers, such as colleges RELEVANT ACT SECTIONS: Order requested organization for the Canadian securities and hospitals, that are typically under section 6(c) of the Act that would industry, and is the primary regulator of supported by provincial government exempt certain custodial arrangements the Canadian fixed income market, credit. More than 85% of the face value from all provisions of the Act. including Canadian treasury bills and of the Canadian Strips as of April 30, SUMMARY OF APPLICATION: Applicants government and corporate bonds and 1995 were Book-Entry Strips. request an order under section 6(c) to debentures. 7. The CDS custody arrangements are exempt the custodial arrangements for governed by the CDS rules and stripping certain Canadian debt 1 See The Canadian Depository for Securities operating procedures (‘‘CDS Rules’’), securities from all provisions of the Act. Limited (pub. avail. Aug. 4, 1994). which allow participants to create Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51511
Canadian Strips and thereafter trade right to accelerate payment of principal exercise any investment discretion, and them separately, combine them to create thereunder. CDS has no authority to performs administrative functions. strip payment packages, or reconstitute exercise any investment discretion at 5. The investor in Canadian Strips is them into underlying bonds. any time with respect either to any aware of the issuer of the bonds 8. Upon default or certain other payments received or to any underlying underlying the Canadian Strips at the events, such as a change in tax laws, bonds generally. time of purchase. Applicants represent CDS would typically have certain rights 11. Any offers and sales of Canadian that, since the Canadian Strips are sold as registered owner, including the right Strips to United States investors will be exclusively on the basis of the credit of in some instances to declare the made in full compliance with applicable the bond issuer, purchasers look principal of all the underlying bonds United States securities laws, including ultimately to the issuer for their then held by it to be immediately due those relating to registration, disclosure, assurance of repayment, rather than to and payable. Under the terms of the and investor suitability requirements. CDS. underlying bonds, such as those issued 6. Applicants represent that, given the by the Government of Canada and Applicants’ Legal Analysis remoteness of any claims of CDS Canadian provinces, the rights of a 1. Section 3(a)(3) of the Act defines an creditors, the CDS custody arrangements bondholder to act upon a default can be investment company as any issuer do not appear to present any significant exercised typically only by a person which is engaged or proposes to engage credit risk in addition to that presented recognized as a bondholder on the in the business of investing, reinvesting, by the investment in the underlying records of the bond issuer. Beneficial owning, holding, or trading in bonds themselves. owners of the underlying bonds do not securities, and owns or proposes to For the Commission, by the Division of appear to have the legal right under acquire investment securities having a Investment Management, pursuant to applicable Canadian law to be value exceeding 40 per centum of the delegated authority. recognized by the bond issuer. value of such issuer’s total assets Margaret M. McFarland, Accordingly, since bonds underlying (exclusive of Government securities and Deputy Secretary. Canadian Strips are commonly held in cash items) on an unconsolidated basis. [FR Doc. 95–24481 Filed 9–29–95; 8:45 am] the name of CDS as bondholder, neither 2. Applicants recognize that the CDS BILLING CODE 8010±01±M investors that beneficially own strips custody arrangements may be viewed as nor CDS participants acting as nominees creating an investment company within for investors would be able to enforce the meaning of section 3(a)(3) of the Act SMALL BUSINESS ADMINISTRATION their rights directly against the issuer of by virtue of the procedures governing such underlying bonds upon a default. the exercise of remedies and the Reporting and Recordkeeping 9. Under CDS Rules, CDS exercises its allocation of any payments Requirements Under OMB Review rights as registered owner in accordance subsequently received. The CDS with instructions given by CDS ACTION: Notice of reporting requirements participants. CDS participants that hold custody arrangements may be viewed as submitted for review. Strips as nominees for investors will constituting a separate issuer that both SUMMARY: Under the provisions of the instruct CDS generally in accordance (a) issues the Strips as securities with Paperwork Reduction Act (44 U.S.C. with instructions received from such enforcement and payment rights that Chapter 35), agencies are required to investors. In the event of an underlying differ from the enforcement and submit proposed reporting and bond default, CDS will endeavor to payment rights of the underlying bonds recordkeeping requirements to OMB for follow instructions from CDS and (b) holds the underlying bonds as review and approval, and to publish a participants to the extent practicable, separate securities in the CDS notice in the Federal Register notifying and take such action as it, in good faith arrangement. An issuer that issues the public that the agency has made and in light of any legal advice it may securities such as the Strips and holds such a submission. receive, deems reasonable. other securities such as the underlying Consequently, investors in Canadian bonds may be an investment company DATES: Comments should be submitted Strips are affected in their right to within the meaning of section 3(a)(3). on or before November 1, 1995. If you enforce the terms of the underlying 3. Applicants request an order under intend to comment but cannot prepare bond directly against the issuer because section 6(c) of the Act exempting the comments promptly, please advise the they may proceed against the issuer CDS custody arrangements from all OMB Reviewer and the Agency only by giving directions to CDS provisions of the Act. Section 6(c) Clearance Officer before the deadline. through their CDS participants. When provides that the SEC may exempt any COPIES: Request for clearance (OMB 83– the underlying bonds are in default or person or transaction from any 1), supporting statement, and other accelerated, the entitlement of each provision of the Act or any rule documents submitted to OMB for holder of Canadian Strips will be thereunder to the extent that such review may be obtained from the transformed into an undivided interest exemption is necessary in the public Agency Clearance Officer. Submit in the proceeds thereafter received on interest and consistent with the comments to the Agency Clearance the underlying bonds, allocated among protection of investors and the purposes Officer and the OMB Reviewer. the holders based on the ‘‘proportionate fairly intended by the policy and FOR FURTHER INFORMATION CONTACT: economic interest’’ of their respective provisions of the Act. Agency Clearance Officer: Georgia Canadian strips determined in 4. Applicants represent that the Greene, Small Business Administration, accordance with a specified procedure. nature of the Canadian Strips and the 409 3RD Street, SW., 5th Floor, 10. CDS acts as receiving and limited activities of the applicants are Washington, DC 20416, Telephone: disbursing agent and depository/ not of a character intended to be (202) 205–6629. recordkeeper for the Canadian Strips regulated by the Act and do not give rise OMB Reviewer: Donald Arbuckle, and, if directed to do so by the holders to the abuses against which the Act was Office of Information and Regulatory in accordance with the CDS Rules, to directed. CDS is not involved in a Affairs, Office of Management and exercise any rights of a registered holder general program of investing, trading or Budget, New Executive Office Building, of the underlying bonds, including any dealing in securities. CDS does not Washington, DC 20503. 51512 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
Title: Candidate for Appointment to Average hours per response—0.5. Frequency—On occasion and SBA Advisory Councils and Nominee Total estimated burden hours.—9244. annually. for State Small Business Person of the 44 U.S.C. 3504(h) does not apply. Form Number—DS–103. Year. ADDITIONAL INFORMATION OR COMMENTS: Respondents—Foreign government SBA Form No.: SBA Form 898. Copies of the proposed forms and representatives and their families who Frequency: On Occasion. supporting documents may be obtained enjoy immunities and are eligible to Description of Respondents: from Charles S. Cunningham (202) 647– drive. Estimated number of Individuals seeking appointment to SBA 0596. Comments and questions should respondents—12,500. Advisory Councils. be directed to (OMB) Jefferson Hill (202) Average hours per response—0.5. Annual Responses: 1,000. 395–3176. Total estimated burden hours—6,250. Annual Burden: 104. 44 U.S.C. 3504(h) does not apply. Dated: August 25, 1995. Dated: September 27, 1995. ADDITIONAL INFORMATION OR COMMENTS: Patrick F. Kennedy, Georgia Greene, Copies of the proposed forms and Assistant Secretary for Administration. Chief, Administrative Information Branch. supporting documents may be obtained [FR Doc. 95–24342 Filed 9–29–95; 8:45 am] from Charles S. Cunningham (202) 647– [FR Doc. 95–24412 Filed 9–29–95; 8:45 am] BILLING CODE 4710±24±M 0596. Comments and questions should BILLING CODE 8025±01±P be directed to (OMB) Jefferson Hill (202) 395–3176. [Public Notice 2261] DEPARTMENT OF STATE Dated: August 25, 1995. Patrick F. Kennedy, [Public Notice 2260] Public Information Collection Requirement Submitted to OMB for Assistant Secretary for Administration. Public Information Collection Review [FR Doc. 95–24343 Filed 9–29–95; 8:45 am] Requirement Submitted to OMB for BILLING CODE 4710±24±M AGENCY: Department of State. Review ACTION: The Department of State has AGENCY: Department of State. submitted the following public [Public Notice 2245] ACTION: The Department of State has information collection requirements to Bureau of Oceans and International submitted the following public OMB for review and clearance under the Environmental and Scientific Affairs; information collection requirements to Paperwork Reduction Act of 1980, 44 United States Man and the Biosphere OMB for review and clearance under the U.S.C. Chapter 35. Program: Request for Proposals for Paperwork Reduction Act of 1980, 44 the Biosphere Reserve Directorate U.S.C. Chapter 35. SUMMARY: The Office of Foreign Missions (OFM) was created in October The Biosphere Reserve (BR) SUMMARY: Operation of a motor vehicle 1982, to oversee and regulate the Directorate of the U.S. Man and the in the United States by foreign benefits, privileges, and immunities Biosphere Program (U.S. MAB) diplomatic personnel is a benefit under afforded foreign diplomatic and announces a catalytic grants program to the Foreign Missions Act. consular personnel assigned to the support Biosphere Reserve workshops Administration of this benefit requires United States. The operation of a motor and partnership-building activities that the Department of State to register, title, vehicle in the United States by foreign promote cooperative regional and issue license plates to motor diplomatic and consular personnel is a ecosystem-based initiatives. vehicles owned by foreign diplomatic benefit under the Foreign Missions Act, A total of $100,000 is available to personnel and missions, and to collect 22 U.S.C. 4301 et seq., which must be support small grants in two distinct information regarding the insurance of obtained through the U.S. Department of categories: (1) Conferences, workshops motor vehicles owned by foreign State, Office of Foreign Missions or forums; and (2) partnership projects. diplomatic personnel and official consistent with 22 U.S.C. 4304. Driver The projected maximum single grant representatives of foreign governments of Foreign Missions consistent with 22 award is $15,000. Grants are expected to to international organizations in the U.S.C. 4304. Driver licenses are being average between $7,000 and $10,000. United States. The following conferred under the provisions of Organizations and persons interested in summarizes the information collection Section 4304 of the Foreign Missions applying for these grants are encouraged proposal submitted to OMB: Act and in accordance with Section to first obtain a copy of the Strategic Type of request—Reinstatement. 4307, this benefit cannot be denied by Plan for the U.S. Biosphere Reserve Originating office—Office of Foreign an act of any Federal agency. The Program, from the U.S. MAB Secretariat. Missions. information collected on this form is Title of information collection— transmitted to a data base and is used Funding Objectives —Application for Registration (Mission to produce driver licenses for foreign The purpose of the grants is to assist Vehicle). mission members and their families projects that produce short-term —Application for Registration (Personal who enjoy immunities and are eligible tangible results furthering the mission of Vehicle). to drive. The following summaries enjoy the United States Biosphere Reserve —Application for Title. immunities and are eligible to drive. Program as defined in Strategic Plan for —Application for Replacement Plates. The following summarizes the the U.S. Biosphere Reserve Program, Frequency—On occasion and information collection proposal dated December 1994. ‘‘The mission of annually. submitted to OMB: the U.S. Biosphere Reserve Program is Form Numbers—DSP–100, 101, 102, Type of request—Reinstatement. to establish and support a U.S. network 104. Originating office—Office of Foreign of designated biosphere reserves that are Respondents—Foreign government Missions. fully representative of the representatives. Title of information collection—U.S. biogeographical areas of the United Estimated number of respondents— State Department, Driver License States. The program promotes a 18,488. Application. sustainable balance among the Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51513 conservation of biological diversity, generally and specifically with the support of agency functions; or political compatible economic use, and cultural evaluation criteria; and (6) how the activities. All grants should produce values, through public and private results of the conference or activity will tangible results within one year. partnerships, interdisciplinary research, be evaluated. Members of the Biosphere Reserve education, and communication.’’ All proposals must also include a one Directorate are not eligible to receive page itemized budget including Focal Issues benefits from funds awarded through personnel, travel, operation, and this request for proposals. Within the mission of the U.S. equipment/supplies with justification. Awards will be announced by January Biosphere Reserve Program a wide range The budget page should show the status 31, 1996. Principals will receive from of conference and workshop topics are of any matching funds to the proposed the U.S. MAB Secretariat copies of all eligible. For example: a forum for activity. U.S. MAB/BR review evaluations of Biosphere Reserve stakeholders at a A one-page map of the affected their proposals and a written single Biosphere Reserve unit or cluster Biosphere Reserve, showing protected notification of the directorate’s decision of units; a regional or local vision area(s), zone(s) of managed use, and on their proposal. setting workshop; or a conference for zone of cooperation if applicable. The Submission of Proposals by December Biosphere Reserves stakeholders from site of the proposed activities must be 1, 1995 and for further information: U.S. throughout a region focusing on an issue included. Man and the Biosphere Program, OES/ or management approach of shared The last page of the proposal should ETC/MAB, Department of State, interest. Other ideas for conferences and be a one-page letter of endorsement Washington, DC 20522–4401, Tel: (202) workshop topics promoting the mission from the Biosphere Reserve manager(s). 776–8318, Fax: (202) 776–8367, Attn: of Biosphere Reserves are welcome. If the proposed activity would involve Biosphere Reserve Directorate. The U.S. Biosphere Reserve or benefit more than one Biosphere Dated: August 22, 1995. Directorate also intends to support Reserve, one page letters of endorsement Roger E. Soles, partnership projects. Proposals are should indicate the support of the sought which strengthen cooperative managers of the involved or affected Executive Director, U.S. Man and the relationships for enhancing the Biosphere Program, Office of Ecology and Biosphere Reserves. Biosphere Reserve Terrestrial Conservation. functions of Biosphere Reserves. managers should endorse no more than [FR Doc. 95–24340 Filed 9–29–95; 8:45 am] Innovative and new approaches to one single proposal in each funding conservation challenges will be given category this year. BILLING CODE 4710±09±M priority. Examples of eligible projects Evaluation and Review Process could include: assessing natural or [Public Notice No. 2255] cultural resources; building public A review panel of The U.S. Biosphere support for conservation and Reserve Directorate will evaluate Advisory Committee to the United sustainable development; fostering proposals based upon the following States Section of the International demonstrations of cooperative criteria: Commission for the Conservation of ecosystem management, or developing • Alignment of the proposal with the Atlantic Tunas local planning mechanisms. Other ideas mission and goals of the United States for partnership projects that promote the Biosphere Reserve Program as defined The Advisory Committee to the mission of Biosphere Reserves are in Strategic Plan for the U.S. Biosphere United States Section of the welcome. Reserve Program dated December 1994, International Commission for the Feasibility studies for expanding the available from the U.S. MAB Secretariat, Conservation of Atlantic Tunas (ICCAT) activities of existing Biosphere Reserves (address below); will meet on October 18, 1995 from 7:30 to more fully implement the regional, • Likelihood that the proposal will p.m. to 9:30 p.m. and October 19, 1995, ecosystem-based mission of the BR result in tangible progress within a year from 9:00 a.m. to 5:30 p.m. at the program also are encouraged. However, toward promoting cooperative regional, Sheraton International Airport at feasibility studies for designating new ecosystem based initiatives that Baltimore/Washington Airport, 7032 Biosphere Reserve units are ineligible. integrate conservation and sustainable Elm Rd., Baltimore, Maryland. The Proposals may include a request for development at Biosphere Reserve sites; meeting will discuss an overview of partial staff support only if the proposal • Demonstrated local support for the highly migratory species research, the and the staff position are related to project; implementation of ICCAT conservation expanding the regional activities of a • Innovation in implementing measures by the U.S. and other Biosphere Reserve or promoting a Biosphere Reserve functions; countries, reports of the Committee’s cooperative program involving multiple • Potential to replicate the concept or working groups, and other matters. The agencies and nongovernmental partners. project at other Biosphere Reserve sites; meeting will be open to the public. • Extent to which grant funds will be The Advisory Committee will also Proposal Content leveraged with matching funds or meet October 18, 1995 from 7:00 p.m. to Each proposal should have a title page support from other private or public 9:30 p.m., and October 20, 1995 from and a one page synopsis of the proposal sources; 8:30 a.m. to 3:00 p.m. These sessions activities. • Demonstrated capacity of the will not be open to the public inasmuch A maximum of three additional pages applicant to implement the proposal; as the discussion will involve classified should describe: (1) The affected • Endorsement from Biosphere information and discussion of that Biosphere Reserve or Biosphere Reserve Reserve Manager(s). information as it relates to the United cluster; (2) the applicant’s relationship States negotiating position to be taken at to the Biosphere Reserve; (3) the Limitations the Annual Meeting of the International proposed conference or partnership Grants may not be used for: feasibility Commission for the Conservation of project; (4) how the proposed studies for designating new biosphere Atlantic Tunas to be held in Madrid, conference or project relates to past, reserves; institutional overhead; Spain from November 10–17, 1995. The current, and projected BR activities at academic research; acquisition of land, members of the Advisory Committee the site; (5) how the proposal complies buildings, or capital equipment; general will examine various options for the 51514 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
U.S. negotiating position at this [Public Notice No. 2263] the Legal Adviser’s Office at the address meeting, and these considerations must indicated below. necessarily involve review of classified Advisory Committee Study Group Background documents may be Meetings on U.N. (UNCITRAL) matters. Accordingly, the determination requested from, and persons who cannot Initiatives on Cross-Border Insolvency has been made to close part of the attend the meetings are welcome to October 18 session and the October 20 A Study Group on Cross-Border submit comments to, the Office of Legal session pursuant to Section 10(d) of the Insolvency of the Secretary of State’s Adviser (L/PIL), Department of State, Federal Advisory Committee Act, 5 Advisory Committee on Private State Annex 44, Suite 355 South U.S.C. App. 2, and 5 U.S.C. 522b (c)(1) International Law has been established Building, Washington, DC 20520, and (c)(9). to review international organization attention Harold S. Burman. The meetings are open to the public up to Requests for further information on efforts to harmonize rules applicable to cross-border insolvency involving the capacity of the meeting room and the meeting should be directed to Mr. business entities. The Study Group will subject to the rulings of the Chair; Brian S. Hallman, Deputy Director, hold two meetings in Washington, DC, meetings will be held at the State Office of Marine Conservation (OES/ Friday, October 13 and Friday, October Department, the October 13 meeting at OMC), Room 7820, U.S. Department of 27, from 1 pm to 5 p.m. A.I.D. Conference Room 5951, and State, Washington, D.C. 20520–7818. The purpose of the meetings will be October 27 at the Bureau of European Mr. Hallman can be reached by to review a new project by the United Affairs Conference Room 6219A. Since telephone on (202) 647–2335 or by FAX Nations Commission on International access to the building is controlled, (202) 736–7350. Trade Law (UNCITRAL) involving persons wishing to participate should advise the Office of Legal Adviser not Dated: September 18, 1995. preparation of model legislation or later than three days before the meeting R. Tucker Scully, international guidelines on certain aspects of cross-border insolvency. of their name, address, telephone, Acting Deputy Assistant Secretary for Oceans. Possible United States positions affiliation, and social security number. [FR Doc. 95–24369 Filed 9–29–95; 8:45 am] concerning the first UNCITRAL For further information, please call BILLING CODE 4710±09±M Working Group meeting on this topic Seema Aziz at (202) 776–8426 or 8420. beginning October 30, 1995 will also be Peter H. Pfund, considered. The Commission decided at Assistant Legal Adviser. [Public Notice No. 2256] its most recent Plenary session in May, [FR Doc. 95–24440 Filed 9–29–95; 8:45 am] 1995 to work primarily on procedural, BILLING CODE 4710±08±M Overseas Security Advisory Council; rather than substantive, rules which Notice of Closed Meeting could cover matters such as judicial cooperation with regard to jurisdiction, [Public Notice 2259] The Department of State announces a access to proceedings for foreign Bureau of Consular Affairs, Overseas meeting of the U.S. State Department— trustees and other interests, Citizen Services Overseas Security Advisory Council on coordination of hearings, recognition of Tuesday and Wednesday, November 7 judgments, and enforcement. AGENCY: Department of State. and 8, 1995, at the U.S. Department of Consideration may also be given at this ACTION: Notice. State, Washington, DC. Pursuant to stage to international cooperation on Section 10(d) of the Federal Advisory asset tracing and recovery. Additional SUMMARY: The Department of State Committee Act and 5 U.S.C. 552b(c) (1) matters, including substantive law issued a public announcement concerning the recent determination by and (4), it has been determined the involving priorities of claims, relation to the Secretary of the U.S. Department of meeting will be closed to the public. other law such as secured interests, and Transportation that the international Matters relative to classified national priorities as to distribution would only airport in Manila, The Philippines, does security information as well as be considered, if at all, at a later stage. The relationship of the Commission’s not administer nor maintain effective privileged commercial information will security measures. be discussed. The agenda calls for the project generally to U.S. interests, and its impact on facilitation of international FOR FURTHER INFORMATION CONTACT: discussion of classified and corporate trade will be considered. Current Margery Lemb, American Citizens proprietary/security information as well projects by other organizations will also Services, Department of State, 2201 C as private sector physical and be reviewed in this context, including Street, NW, Room 4811, Washington, procedural security policies and the American Law Institute’s project to D.C. 20520, 202–647–5000. protective programs at sensitive U.S. consider harmonization of bankruptcy SUPPLEMENTARY INFORMATION: 60 FR Government and private sector locations law between the NAFTA states, and 41907, August 14, 1995. overseas. projects by the International Bar Pursuant to 49 U.S.C. 44908(a), on For more information contact Marsha Association, INSOL and others. September 11, 1995, the Department of Thurman, Overseas Security Advisory Background documents include an State issued the following public Council, Department of State, UNCITRAL Secretariat Report on the announcement: Washington, DC 20522–1003, phone: international judicial colloquium on On August 7, 1995, the United States 202–663–0869. cross-border insolvency at Toronto, Secretary of Transportation determined Canada in March, 1995, U.N. Doc.A/ that the Ninoy Aquino International Dated: September 19, 1995. CN.9/413, April 12, 1995, and a Report Airport Manila, The Philippines, does Mark Mulvey, by INSOL International (International not currently maintain security Director of the Diplomatic Security Service. Association of Insolvency Practitioners) measures which are fully consistent [FR Doc. 95–24376 Filed 9–29–95; 8:45 am] on the Joint Project of UNCITRAL and with the standards established by the BILLING CODE 4710±24±M INSOL: cross-border insolvency access International Civil Aviation and recognition, March 1, 1995. Copies Organization (ICAO). The Department of of these documents are available from Transportation believes that air service Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51515 operations can be safely continued if We directed that a copy of this notice Executive Office Building, Washington, proper precautions are carefully be published in the Federal Register. D.C. 20503. observed. Currently, U.S. air carriers Catherine C. M. Teti, Patrick V. Murphy, and foreign air carriers which fly Director, Records Management and directly to the U.S. are providing Deputy Assistant Secretary for Aviation and Information Policy. International Affairs. additional security measures that [FR Doc. 95–24443 Filed 9–29–95; 8:45 am] counter the deficiencies identified at Dated: September 26, 1995. BILLING CODE 6720±01±P Ninoy Aquino International Airport. [FR Doc. 95–24436 Filed 9–29–95; 8:45 am] Dated: September 15, 1995. BILLING CODE 4910±62±P [AC±47; OTS Nos. H±1932 and 02167] Georgia Rogers, Managing Director, Overseas Citizens American National Bankshares, M.H.C., Services. Baltimore, MD; Approval of Conversion [FR Doc. 95–24341 Filed 9–29–95; 8:45 am] DEPARTMENT OF THE TREASURY Application BILLING CODE 4710±06±M Office of Thrift Supervision Notice is hereby given that on September 12, 1995, the Assistant Public Information Collection Director, Corporate Activities Division, DEPARTMENT OF TRANSPORTATION Requirements Submitted to OMB for Office of Thrift Supervision, or her Review designee, acting pursuant to delegated Office of the Secretary authority, approved the application of September 26, 1995. American National Bankshares, M.H.C., Sale in the U.S. of Transportation by Baltimore, Maryland, to convert to the Air to Lebanon The Office of Thrift Supervision (OTS) has submitted the following stock form of organization. Copies of the On September 15, 1995, the President public information collection application are available for inspection determined that the prohibition requirement(s) to OMB for review and at the Information Services Division, contained in PD 85–14, insofar as it clearance under the Paperwork Office of Thrift Supervision, 1700 G applies to the transportation to Lebanon Reduction Act of 1980, Public Law 96– Street, N.W., Washington, D.C. 20552, of non-U.S. citizens, U.S. citizens who 11. Copies of the submission(s) may be and the Southeast Regional Office, have received written approval from the obtained by calling the OTS Clearance Office of Thrift Supervision, 1475 State Department, and their Officer listed. Comments regarding this Peachtree Street, N.E., Atlanta, Georgia accompanying baggage, should be information collection should be 30309. removed. In furtherance of that addressed to the OMB reviewer listed Dated: September 27, 1995. determination, we found on September and to the OTS Clearance Officer, Office By the Office of Thrift Supervision. 26, 1995, in Order 95–9–30, that it is of Thrift Supervision, 1700 G Street, N. Kimberly M. White, consistent with the public interest to W., Washington, D.C. 20552. Corporate Technician. exempt U.S. and foreign air carriers OMB Number: 1550–0085. [FR Doc. 95–24444 Filed 9–29–95; 8:45 am] from the conditions imposed by Order 85–7–45 to the extent necessary to allow Form Number: OTS Form 1602. BILLING CODE 6720±01±M non-U.S. citizens and those U.S. citizens Type of Review: Revision of an who have received written approval existing collection. [AC±48; OTS Nos. 01744] from the State Department, to purchase Title: Ongoing Survey for Interpretive Boston Federal Savings Bank, in the United States transportation for Opinions. themselves and their accompanying Burlington, MA; Approval of baggage to and from Lebanon. This Description: This information Conversion Application collection is needed to obtain feedback exemption is effective October 25, 1995. Notice is hereby given that on on the quality of opinions produced by Furthermore, in Order 95–9–30 we September 6, 1995, the Assistant the Office of Thrift Supervision in order required that at the point of sale, the Director, Corporate Activities Division, to meet the goals of the National agent or carrier making the sale obtain Office of Thrift Supervision, or her Performance Review with respect to from each non-U.S. citizen to whom the designee, acting pursuant to delegated customer service on a long-term basis. ticket is being issued, A) a statement authority, approved the application of signed by that person that he or she is Respondents: Savings and Loan Boston Federal Savings Bank, not a citizen of the United States, and Associations and Savings Banks. Burlington, Massachusetts, to convert to B) a photocopy of the page(s) of each Estimated Number of Respondents: the stock form of organization. Copies of such person’s passport showing the 50. the application are available for name, nationality, and passport number, inspection at the Information Services and a photocopy of the entry VISA that Estimated Burden Hours Per Respondent: .25 Hr. Division, Office of Thrift Supervision, the person has obtained for entry into 1700 G Street, NW., Washington, DC Lebanon. With respect to U.S. citizens, Frequency of Response: 1. 20552, and the Northeast Regional the agent or carrier at the point of sale Estimated Total Reporting Burden: Office, Office of Thrift Supervision, 10 must obtain a photocopy of the page of 12.5 Hrs. Exchange Place, 18th Floor, Jersey City, each such person’s passport that New Jersey 07302. includes the State Department Clearance Officer: Colleen M. Devine, endorsement permitting one round trip (202) 906–6025, Office of Thrift Dated: September 27, 1995. to Lebanon. All carriers and agents must Supervision, 1700 Street, N.W., By the Office of Thrift Supervision. retain such records for a period of at Washington, D.C. 20552. Kimberly M. White, least 12 months. These steps were taken OMB Reviewer: Milo Sunderhauf, Corporate Technician. as a means of ensuring and policing (202) 395–7340, Office of Management [FR Doc. 95–24445 Filed 9–29–95; 8:45 am] compliance with the new travel regime. and Budget, Room 10226, New BILLING CODE 6720±01±M 51516
Sunshine Act Meetings Federal Register Vol. 60, No. 190
Monday, October 2, 1995
This section of the FEDERAL REGISTER STATUS: Closed meeting. The subject matter of the open contains notices of meetings published under PLACE: 450 Fifth Street, N.W., meeting scheduled for Thursday, the ``Government in the Sunshine Act'' (Pub. October 5, 1995, at 10:00 a.m., will be: L. 94-409) 5 U.S.C. 552b(e)(3). Washington, D.C. DATE PREVIOUSLY ANNOUNCED: September (1) The Commission will consider a 26, 1995. recommendation to propose an amendment FEDERAL HOUSING FINANCE BOARD to the current Rule 16b–3 exemption from CHANGE IN THE MEETING: Cancellation. Section 16(b) of the Securities Exchange Act ``FEDERAL REGISTER'' CITATION OF The closed meeting scheduled for of 1934 for employee transactions that would PREVIOUS ANNOUNCEMENT: 60 FR 48748, Thursday, September 28, 1995, at 10:00 provide an alternative to the Rule 16b–3 September 20, 1995. a.m., has been cancelled. amendments proposed in Release 34–34514, and to extend the comment period for PREVIOUSLY ANNOUNCED TIME AND DATE OF Commissioner Wallman, as duty Releases 34–34514 and 34–34681 until THE MEETING: 10:00 a.m., Tuesday, officer, determined that Commission December 15, 1995. Comment also would be September 26, 1995. business required the above change and solicited on other issues regarding Section CHANGES IN THE MEETING: The following that no earlier notice thereof was 16. For further information, contact Anne M. topics were withdrawn from the open possible. Krauskopf, Office of Chief Counsel, Division portion of the meeting: At times, changes in Commission of Corporation Finance, at (202) 942–2900. priorities require alterations in the (2) The Commission will consider whether Membership. to issue an interpretive release and solicit Affordable Housing Program Application scheduling of meeting items. For further comments relating to electronic delivery of Subsidy Limits—Interim Final Rule. information and to ascertain what, if information under the federal securities laws The Board determined that agency any, matters have been added, deleted and regulations. The Commission also will business requires its consideration of or postponed, please contact: The Office consider proposing minor technical this matter on less than seven days of the Secretary (202) 942–7070. amendments to its rules that are premised on Dated: September 27, 1995. the distribution of paper documents. For notice to the public and that no earlier further information, contact Joseph P. Babits notice of this change in the subject Jonathan G. Katz, or James R. Budge in the Division of matter of the meeting was possible. Secretary. Corporation Finance at (202) 942–2910; CONTACT PERSON FOR MORE INFORMATION: [FR Doc. 95–24538 Filed 9–28–95; 2:15 pm] Emanuel D. Strauss in the Division of Elaine L. Baker, Secretary to the Board, BILLING CODE 8010±01±M Investment Management at (202) 942–0548. (202) 408–2837. At times, changes in Commission Rita I. Fair, SECURITIES AND EXCHANGE COMMISSION priorities require alterations in the Managing Director. scheduling of meeting items. For further [FR Doc. 95–24510 Filed 9–28–95; 2:14 pm] Agency Meeting information and to ascertain what, if BILLING CODE 6725±01±P Notice is hereby given, pursuant to any, matters have been added, deleted the provisions of the Government in the or postponed, please contact: The Office of the Secretary (202) 942–7070. SECURITIES AND EXCHANGE COMMISSION Sunshine Act, Pub. L. 94–409, that the Securities and Exchange Commission Jonathan G. Katz, Agency Meeting will hold the following meeting during Secretary. ``FEDERAL REGISTER'' CITATION OF the week of October 2, 1995. Dated: September 27, 1995. PREVIOUS ANNOUNCEMENT: [60 FR 49667, An open meeting will be held on [FR Doc. 95–24539 Filed 9–28–95; 2:15 pm] September 26, 1995]. Thursday, October 5, 1995, at 10:00 a.m. BILLING CODE 8010±01±M federal register October 2,1995 Monday Professional ShortageAreas;Notice Care, MentalHealth,andDentalHealth Lists ofDesignatedPrimaryMedical Administration Health ResourcesandServices Services Health andHuman Department of Part II 51517 51518 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
DEPARTMENT OF HEALTH AND residency training program grants designation, revision of a HPSA HUMAN SERVICES administered by HRSA’s Bureau of designation, and/or advance notice of Health Professions. pending withdrawals from the HPSA Health Resources and Services Several programs administered by the list. Designations (or revisions of Administration Health Care Financing Administration designations) are effective as of the date also use the HPSA designation. Certain of the letter making (or revising) the Lists of Designated Primary Medical qualified providers in HPSAs are designation; proposed withdrawals Care, Mental Health, and Dental Health eligible for increased levels of Medicare become effective after a 60-day waiting Professional Shortage Areas and Medicaid reimbursement. period and publication in the Federal AGENCY: Health Resources and Services 2. Development of the Designation and Register (or publication of a Federal Administration, HHS. Withdrawal Lists Register list that does not include them.) ACTION: Notice. Criteria for designating HPSAs were This notice contains three lists of SUMMARY: This notice provides lists of published as final regulations (42 CFR designated HPSAs. Each list (primary all areas, population groups, and Part 5) in 1980. Criteria were then medical care, mental health, and dental) facilities designated as primary medical defined for each of seven health includes all those areas, population care, mental health, and dental health professional types (primary medical groups, and facilities which were professional shortage areas (HPSAs) as care, dental, psychiatric, vision care, designated HPSAs as of June 15, 1995. of June 15, 1995. HPSAs are designated podiatric, pharmacy, and veterinary This notice incorporates the most recent or withdrawn by the Secretary of Health care). The criteria for correctional annual review of designated HPSAs and and Human Services (HHS) under the facility HPSAs were revised in 1989, supersedes the Primary Medical Care authority of section 332 of the Public and the criteria for psychiatric HPSAs HPSA list published in the Federal Health Service (PHS) Act. were expanded to mental health HPSAs Register on January 21, 1994; the in 1992. The currently-funded PHS FOR FURTHER INFORMATION CONTACT: For Psychiatric HPSA list published August programs which use the HPSA 19, 1983; and the Dental HPSA list further information on the HPSA designations involve only the primary designations listed below, or to request published January 8, 1986. Each list medical care, mental health, or dental includes the current definitions for each additional designations or withdrawals HPSAs. Individual requests for or reinstatement of a withdrawn designated service area, and excludes designation or withdrawal of a any HPSA or portion of a designated designation, please contact Evan R. particular area, population group, or a Arrindell, D.S.W., Acting Director, HPSA which has been withdrawn since facility as a HPSA are continuously the last list was published. Any HPSA, Division of Shortage Designation, received and reviewed by HRSA’s or portion thereof, which was proposed Bureau of Primary Health Care, Health Bureau of Primary Health Care (BPHC). for withdrawal on or before June 15, Resources and Services Administration, The review process includes routine 1995, has been excluded from these Room 9–1D1, 4350 East-West Highway, submission of such requests to the lists. Bethesda, Maryland 20814 (301–594– appropriate State Health Planning and 0816). Development Agency (SHPDA) and/or a 3. Format of Lists SUPPLEMENTARY INFORMATION: unit of the State Health Department, the Each list of designated HPSAs Governor, and other interested (primary medical care, dental, and 1. Background organizations and individuals for their mental health) is arranged by State. Section 332 of the PHS Act provides comments and recommendations. Within each State, the list is first that the Secretary of HHS shall Requests regarding primary medical presented by county. If only a portion designate HPSAs based on criteria care and mental health HPSAs are also (or portions) of a county is (are) established by regulation. HPSAs are submitted to the appropriate State designated, or if the county is part of a defined in section 332 to include (1) medical society for comment, and larger designated service area, or if a urban and rural geographic areas, (2) dental HPSA requests are submitted to population group residing in the county population groups, and (3) facilities the appropriate State dental society. or a facility located in the county has with shortages of health professionals. Annually, lists of designated HPSAs been designated, the name of the service Section 332 further requires that the are provided to all SHPDAs and/or State area, population group, or facility Secretary annually publish a list of the health departments, State medical and involved is listed under the county designated geographic areas, population dental societies and others, together name. Counties which have a groups, and facilities. The list of HPSAs with a request to review and update the geographic HPSA designation in is to be reviewed at least annually and data on which the designations are addition to one or more facility revised as necessary. The Health based. Emphasis is placed on updating designations within the county are Resources and Services those designations which are more than indicated by a (g) following the county Administration’s (HRSA) Bureau of 3 years old or where significant changes name. Primary Health Care has the relevant to the designation criteria have Following the county listing, a list of responsibility for designating and occurred. any designated service areas is updating these HPSAs. Recommendations for possible presented, identifying their component Public or nonprofit entities are additions, continuations, revisions or parts—counties, towns, townships, eligible to apply for assignment of withdrawals from the HPSA list are census tracts (CTs), minor civil National Health Service Corps (NHSC) reviewed by the BPHC, and the review divisions (MCDs), census county personnel to provide primary health findings are provided by letter to the divisions (CCDs), block numbering areas services in or to these HPSAs. NHSC agency or individual requesting action (BNAs), or magisterial districts, as health professionals with a service or providing data, with copies to other defined by the Bureau of the Census. obligation may only serve in federally interested organizations and Those counties (or parts of counties designated HPSAs. Programs with individuals. These letters constitute the included in service areas) which are clinical training sites located in HPSAs official notice of designation as a HPSA, classified as nonmetropolitan are are eligible to receive priority for certain rejection of recommendations for HPSA indicated by an asterisk (*). Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51519
‘‘Nonmetropolitan’’ refers to those opportunity to submit additional PRIMARY MEDICAL CARE: Alabama counties not included in the statistical information in support of its continued County Listing definitions of metropolitan areas or revised designation. established by the Office of Management All requests for new designations, County Name and Budget (OMB Bulletin 94–07 dated updates, or withdrawals should be Lauderdale July 5, 1994). based on the relevant criteria in Service Area: West Limestone Following the service area listing, a regulations published on November 17, Lawrence list of designated population groups (if 1980, the amendments made for Limestone Service Area: West Limestone any) is presented identifying each group correctional facilities on March 2, 1989, Population Group: Pov PopÐLimestone and the geographic area wherein it or amendments made for mental health Co resides. Following the population group HPSAs on January 22, 1992. *Lowndes listing, a list by name and location of Dated: September 8, 1995. Macon any separately designated facilities Service Area: Bullock-Macon Ciro V. Sumaya, (including prisons, correctional Madison institutions, health centers, or hospitals) Administrator. Population Group: Pov PopÐMadison Co is presented. *Marengo PRIMARY MEDICAL CARE: Alabama Population Group: Med IndÐMarengo Co The National Health Service Corps County Listing Revitalization Amendments of 1990 *Marshall Population Group: Med IndÐMarshall Co (Public Law 101–697, enacted County Name Mobile November 16, 1990) amended existing Autauga Service Area: Bayou La Batre/Grand Bay statute to require that priority in Population Group: Med IndÐAutauga Co Service Area: North Mobile assignment of NHSC personnel be given Baldwin Population Group: Pov PopÐE Mobile/ to entities serving HPSAs with the Service Area: Atmore/Century (AL/FL) Prichard *Barbour Facility: Univ S. Al. Chldrns Md. Ctr. greatest health professional shortage, as Service Area: Clayton determined by certain exclusive factors. *Monroe *Bibb Service Area: Atmore/Century (AL/FL) A notice was published in the Federal Blount Register (56 FR 41363) on August 20, Population Group: Med IndÐMonroeville Bullock Montgomery 1991, dealing with the application of Service Area: Bullock-Macon Population Group: Med IndÐMontgomery those factors to determine the HPSAs of *Butler Co greatest shortage. The scoring process *Chambers Morgan described therein is now used annually Service Area: La Fayette Population Group: Pov PopÐMorgan Co to determine HPSAs of greatest shortage Population Group: Med IndÐValley *Perry and in developing NHSC placement *Cherokee *Pickens *Chilton lists. ‘‘HPSAs of greatest shortage’’ *Randolph *Choctaw Russell replaces the ‘‘degree-of-shortage groups’’ *Clarke originally used to determine relative Service Area: Cottonton/Hurtsboro Service Area: Coffeeville Shelby priorities for placement of NHSC Service Area: Grove Hill/Fulton St Clair personnel. The ‘‘degree-of-shortage *Cleburne *Sumter groups’’ (rankings from 01 to 04, with 01 Colbert *Talladega (g) being the highest degree of shortage) Service Area: Cherokee Facility: FCI Talladega shown in previous listings of designated *Conecuh *Tallapoosa HPSAs are no longer a determining *Coosa Service Area: Camp Hill factor in NHSC placement decisions and *Covington Tuscaloosa Service Area: South Covington do not appear in these lists. Population Group: Low IncÐTuscaloosa *Crenshaw Co 4. Future Updates of Lists of Designated *Cullman Walker HPSAs Population Group: Med IndÐCullman Co Population Group: Med IndÐWalker Co *Dallas *Washington The lists of HPSAs below consist of Population Group: Med IndÐDallas Co *Wilcox all those which were designated as of *De Kalb *Winston June 15, 1995. It should be noted that Elmore additional HPSAs may have been *Escambia PRIMARY MEDICAL CARE: Alabama designated by letter since June 15. The Service Area: Atmore/Century (AL/FL) Service Area Listing appropriate agencies and individuals Etowah Service Area Name have been or will be notified of these Population Group: Med IndÐEtowah Co *Fayette Atmore/Century (AL/FL) actions by letter. Population Group: Med IndÐFayette Co CountyÐBaldwin Any designated HPSA listed below is *Franklin Parts: subject to withdrawal from designation Population Group: Pov PopÐRed Bay/ C.T. 101 if new information received and Vina/Belmont (AL/MS) CountyÐEscambia confirmed by HRSA indicates that the *Geneva Parts: relevant data for the area involved have Greene C.T. 9703±9707 significantly changed since its Service Area: Greene-Hale CountyÐMonroe designation or that incorrect or Hale Parts: incomplete data were used in making Service Area: Greene-Hale C.T. 9862 Bayou La Batre/Grand Bay the original designation. Interested *Henry *Jackson CountyÐMobile parties will be notified by mail of any Population Group: Med IndÐJackson Co Parts: proposed withdrawal, which by Jefferson C.T. 66±67 regulation will become effective only Population Group: Pov PopÐCentral Bir- C.T. 72.02 after interested parties in the area mingham C.T. 73 affected have been afforded the *Lamar Bullock-Macon 51520 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Alabama PRIMARY MEDICAL CARE: Alabama PRIMARY MEDICAL CARE: Alabama Service Area Listing Population Group Listing Population Group Listing
Service Area Name Population Group Population Group CountyÐMacon Med IndÐDallas Co C.T. 8 Camp Hill CountyÐDallas C.T. 10.01±10.02 CountyÐTallapoosa Parts: C.T. 11 Parts: Medically Indigent C.T. 12.01 Camp Hill CCD Med IndÐEtowah Co C.T. 13.01±13.02 Dadeville CCD CountyÐEtowah C.T. 14 Tallassee CCD Parts: C.T. 15.01±15.02 Cherokee Medically Indigent C.T. 16 CountyÐColbert Med IndÐFayette Co C.T. 23.01±23.02 Parts: CountyÐFayette C.T. 24 Cherokee CCD Parts: C.T. 26 Clayton Medically Indigent C.T. 38.01 CountyÐBarbour Med IndÐJackson Co C.T. 39.01±39.02 Parts: CountyÐJackson C.T. 40±50 Clayton CCD Parts: Pov PopÐLimestone Co Clio CCD Medically Indigent CountyÐLimestone Louisville CCD Med IndÐMarengo Co Parts: Coffeeville CountyÐMarengo Pov Pop CountyÐClarke Parts: Pov PopÐMadison Co Parts: Medically Indigent CountyÐMadison Coffeeville CCD Med IndÐMarshall Co Parts: Cottonton/Hurtsboro CountyÐMarshall Pov Pop CountyÐRussell Parts: Pov PopÐMorgan Co Parts: Medically Indigent CountyÐMorgan Cottonton-Seale CCD Med IndÐMonroeville Parts: Hurtsboro CCD CountyÐMonroe Pov Pop Greene-Hale Parts: Pov PopÐRed Bay/Vina/Belmont (AL/MS) CountyÐHale Beatrice CCD CountyÐFranklin Grove Hill/Fulton Frisco City CCD Parts: CountyÐClarke Monroeville CCD Red Bay CCD Parts: Peterman CCD Vina CCD Fulton CCD Vredenburgh CCD Grove Hill CCD Med IndÐMontgomery Co PRIMARY MEDICAL CARE: Alabama La Fayette CountyÐMontgomery Facility Listing CountyÐChambers Parts: Parts: Medically Indigent Facility Name Five Points CCD Med IndÐValley FCI Talladega Lafayette CCD CountyÐChambers CountyÐTalladega Milltown CCD Parts: Univ S. Al. Chldrns Md. Ctr. North Mobile Lanett CCD CountyÐMobile CountyÐMobile Langdale CCD Parts: Med IndÐWalker Co PRIMARY MEDICAL CARE: Alaska C.T. 58±60 CountyÐWalker Census Area Listing South Covington Parts: CountyÐCovington Medically Indigent Census Area Name Parts: Pov PopÐCentral Birmingham *Aleutians East Area Falco CCD CountyÐJefferson *Aleutians West Area Florala CCD Parts: Anchorage Borough West Limestone C.T. 3±5 Facility: Cook Inlet Pre-Trial Fac. CountyÐLauderdale C.T. 7±8 Facility: Highland Mtn/Meadow Crk Corr. Parts: C.T. 11±12 C. C.T. 117±118 C.T. 14±16 *Bethel Area CountyÐLimestone C.T. 19.02 *Fairbanks North Star Boro Parts: C.T. 22 Population Group: Med IndÐFairbanks C.T. 202±203 C.T. 23.03±23.04 North Star Boro C.T. 24 *Haines Borough PRIMARY MEDICAL CARE: Alabama C.T. 27 *Kenai Peninsula Borough Population Group Listing C.T. 29 Facility: Spring Creek Corr. C. C.T. 30.01±30.02 Facility: Wildwood Corr. C. Population Group C.T. 31±34 *Matanuska-Susitna Borough Low IncÐTuscaloosa Co C.T. 39±40 Service Area: Talkeetna/Trapper Creek CountyÐTuscaloosa C.T. 42 Facility: Palmer Corr. C. Parts: C.T. 45 *N.W. Arctic Borough Low Income C.T. 51.01 *Nome Area Med IndÐAutauga Co C.T. 55 Service Area: St. Lawrence Is. CountyÐAutauga Pov PopÐE Mobile/Prichard Service Area: Unalakleet Parts: CountyÐMobile *North Slope Borough Medically Indigent Parts: *Prince Of Wales-Outer Ket Med IndÐCullman Co C.T. 1±3 *Southeast Fairbanks CountyÐCullman C.T. 4.01±4.02 *Valdez-Cordova Area Parts: C.T. 5±6 Service Area: Valdez/Whittier Medically Indigent C.T. 7.01±7.02 *Wade Hampton Area Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51521
PRIMARY MEDICAL CARE: Alaska PRIMARY MEDICAL CARE: Arizona PRIMARY MEDICAL CARE: Arizona Census Area Listing County Listing Service Area Listing
Census Area Name County Name Service Area Name *Wrangell-Petersburg Area Population Group: Med IndÐBisbee C.T. 43.05 *Yukon-Koyukuk *Coconino Bonita-Klondyke Service Area: Hopi CountyÐGraham PRIMARY MEDICAL CARE: Alaska Service Area: Kanab/Fredonia (UT/AZ) Parts: Service Area Listing Service Area: Page/Tuba City Bonita-Klondyke CCD *Gila Bowie Service Area Name Service Area: Young CountyÐCochise St. Lawrence Is. *Graham Parts: Census AreaÐNome Area Service Area: Bonita-Klondyke Bowie CCD Parts: Service Area: Pima Bullhead City Gambell Vil. Service Area: San Carlos CountyÐMohave Savoonga Vil. *La Paz Parts: Talkeetna/Trapper Creek Service Area: Parker Bullhead City-Riviera Census AreaÐMatanuska-Susitna Bor- Maricopa Continental ough Service Area: Gila Bend CountyÐPima Parts: Population Group: Med IndÐGuadalupe Parts: Block Group 1 Population Group: Med IndÐCentral/S C.T. 41.02 Block Group 3 Phoenix Dolan Springs Chase CDP Population Group: Med Ind/MFWÐChan- CountyÐMohave Skwentna CDP dler/Queen Creek Parts: Talkeetna CDP Population Group: Med Ind/MFWÐEl Mi- C.T. 9502 Trapper Creek CDP rage C.T. 9504±9505 Unalakleet Population Group: Pov Pop/MFWÐBuck- Ganado/Rough Rock Census AreaÐNome Area eye CountyÐApache Parts: Facility: FCI Phoenix Parts: Koyuk Vil. Facility: Maricopa Co. Jails C.T. 9701 Shaktoolik Vil. Mohave C.T. 9775 St. Michaels Vil. Service Area: Bullhead City C.T. 9778 Stebbins Vil. Service Area: Dolan Springs CountyÐNavajo Unalakleet City Service Area: Hurricane/Mohave North Parts: Valdez/Whittier (UT/AZ) C.T. 9653 Census AreaÐValdez-Cordova Area *Navajo C.T. 9675 Parts: Service Area: Ganado/Rough Rock Gila Bend Prince William Sound Sub Service Area: Heber/Overgaard CountyÐMaricopa Service Area: Holbrook Parts: PRIMARY MEDICAL CARE: Alaska Service Area: Hopi E.D. 394±396 (Gila Bend CCD) Population Group Listing Service Area: Kayenta E.D. 399±400 (Gila Bend CCD) Pima CountyÐYuma Population Group Service Area: Ajo Parts: Med IndÐFairbanks North Star Boro Service Area: Arivaca E.D. 233 (Wellton CCD) Census AreaÐFairbanks North Star Boro Service Area: Continental E.D. 235 (Wellton CCD) Parts: Population Group: Med IndÐCatalina Heber/Overgaard Med Ind Population Group: Med IndÐSouth Tucson CountyÐNavajo Population Group: Pov PopÐMarana Parts: PRIMARY MEDICAL CARE: Alaska Facility: FCI Tucson C.T. 9607 (Wellton CCD) Facility Listing Facility: Pima Co Adult Detention Ctr Holbrook Pinal CountyÐNavajo Facility Name Service Area: San Pedro Valley Parts: Cook Inlet Pre-Trial Fac. Service Area: Superior Little Colo. CCD (E.1/2) Census AreaÐAnchorage Borough Population Group: Med Ind/MFWÐCentral/ Hopi Highland Mtn/Meadow Crk Corr. C. West Pinal CountyÐCoconino Census AreaÐAnchorage Borough Facility: Ins Med FacÐFlorence Parts: Palmer Corr. C. *Santa Cruz Hopi CCD Census AreaÐMatanuska-Susitna Bor- *Yavapai CountyÐNavajo ough Service Area: Mayer/Humboldt Parts: Spring Creek Corr. C. Service Area: Seligman Hopi CCD Census AreaÐKenai Peninsula Borough Yuma Hurricane/Mohave North (UT/AZ) Wildwood Corr. C. Service Area: Gila Bend CountyÐMohave Census AreaÐKenai Peninsula Borough Population Group: Pov Pop/MFWÐ Parts: Somerton Mohave North CCD PRIMARY MEDICAL CARE: Arizona Kanab/Fredonia (UT/AZ) County Listing PRIMARY MEDICAL CARE: Arizona CountyÐCoconino Service Area Listing Parts: County Name Kaibab CCD *Apache Service Area Name Kayenta Service Area: Ganado/Rough Rock Ajo CountyÐApache Service Area: Kayenta CountyÐPima Parts: Population Group: Low IncÐSt Johns/ Parts: Dennehotso CCD Springerville Ajo CCD CountyÐNavajo *Cochise Arivaca Parts: Service Area: Bowie CountyÐPima Western CCD Service Area: Tombstone Parts: Mayer/Humboldt 51522 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Arizona PRIMARY MEDICAL CARE: Arizona PRIMARY MEDICAL CARE: Arkansas Service Area Listing Population Group Listing County Listing
Service Area Name Population Group County Name CountyÐYavapai CountyÐPima *Boone Parts: Parts: Service Area: Lead Hill Humboldt CCD C.T. 1±12 *Bradley Page/Tuba City C.T. 13.01±13.02 Service Area: Hermitage CountyÐCoconino C.T. 14 *Chicot Parts: C.T. 20±24 Service Area: Dermott/Mcgehee Tuba City CCD C.T. 25.01±25.02 *Clark Parker C.T. 37.01±37.03 Service Area: Glenwood/Amity CountyÐLa Paz C.T. 38±39 *Clay Parts: C.T. 41.03±41.04 *Cleburne C.T. 202±204 C.T. 43.01 *Cleveland Pima C.T. 43.08±43.09 Crawford CountyÐGraham Med Ind/MFWÐCentral/West Pinal Service Area: West Fork/Mountainburg Parts: CountyÐPinal Crittenden Pima CCD Parts: Service Area: Parkin/Earle San Carlos Casa Grande CCD *Cross CountyÐGraham Coolidge CCD Service Area: Parkin/Earle Parts: Eloy CCD *Dallas San Carlos CCD Florence CCD Service Area: Bearden San Pedro Valley Maricopa±Stanfield CCD Service Area: Carthage CountyÐPinal Med Ind/MFWÐChandler/Queen Creek Service Area: Sparkman Parts: CountyÐMaricopa *Desha San Manuel CCD Parts: Service Area: Dermott/Mcgehee Seligman C.T. 5227.03 Service Area: Snow Lake CountyÐYavapai C.T. 5227.19 *Drew Parts: C.T. 5229.02 Service Area: Dermott/Mcgehee Ashfork CCD C.T. 5231.02 Faulkner Superior Med Ind/MFWÐEl Mirage Service Area: Greenbrier CountyÐPinal CountyÐMaricopa Service Area: Vilonia Parts: Parts: *Franklin C.T. 2 C.T. 405.02 *Grant C.T. 4 C.T. 405.09 *Howard Tombstone C.T. 608±609 Service Area: Umpire CountyÐCochise C.T. 610.03±610.08 *Izard Parts: C.T. 612±614 Service Area: Horseshoe Bend C.T. 4 C.T. 821.01 Jefferson Young C.T. 822.02 Service Area: Altheimer CountyÐGila C.T. 1125.05±1125.06 Service Area: North Pine Bluff Parts: Pov PopÐMarana Service Area: Redfield C.T. 9806±9807 CountyÐPima Service Area: Richland Parts: *Johnson PRIMARY MEDICAL CARE: Arizona C.T. 44.08±44.09 Service Area: Oark Population Group Listing Pov Pop/MFWÐBuckeye *Lafayette CountyÐMaricopa *Lawrence Population Group Parts: *Lincoln Low IncÐSt Johns/Springerville C.T. 506±507 *Logan CountyÐApache Pov Pop/MFWÐSomerton Lonoke Parts: CountyÐYuma Population Group: Pov PopÐCabot C.T. 9702±9705 Parts: *Marion Med IndÐBisbee C.T. 114±116 Service Area: Lead Hill CountyÐCochise *Monroe Parts: PRIMARY MEDICAL CARE: Arizona Service Area: Clarendon/Holly Grove Bisbee CCD Facility Listing *Montgomery Med IndÐCatalina *Nevada CountyÐPima Facility Name *Newton Parts: FCI Phoenix *Ouachita C.T. 47.07 CountyÐMaricopa Service Area: Bearden Med IndÐCentral/S Phoenix FCI Tucson Service Area: Reader CountyÐMaricopa CountyÐPima Service Area: Stephens Parts: Ins Med FacÐFlorence *Perry C.T. 1115±1124 CountyÐPinal *Phillips C.T. 1126±1133 Maricopa Co. Jails *Pike C.T. 1135±1161 CountyÐMaricopa Service Area: Glenwood/Amity C.T. 1162.02±1162.04 Pima Co Adult Detention Ctr *Poinsett C.T. 1163±1165 CountyÐPima *Polk C.T. 1166.02 Service Area: Grannis/Wickes C.T. 1167.02±1167.04 PRIMARY MEDICAL CARE: Arkansas *Pope Med IndÐGuadalupe County Listing Service Area: Hector CountyÐMaricopa *Prairie Parts: County Name Pulaski C.T. 3200.02 *Arkansas Service Area: College Station Med IndÐSouth Tucson Service Area: Dewitt *Randolph Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51523
PRIMARY MEDICAL CARE: Arkansas PRIMARY MEDICAL CARE: Arkansas PRIMARY MEDICAL CARE: Arkansas County Listing Service Area Listing Service Area Listing
County Name Service Area Name Service Area Name Sebastian Franklin Twp Hector Service Area: Diamond Halley Twp CountyÐPope *Sharp Richland Twp Parts: *St Francis CountyÐDrew Center Twp. *Union Parts: Freeman Twp. Service Area: Strong Bartholomew Twp Griffin Twp. *Van Buren Collins Twp Jackson Twp. Washington Franklin Twp Liberty Twp. Service Area: West Fork/Mountainburg Dewitt Martin Twp. Service Area: West Washington CountyÐArkansas Phoenix Twp. *Woodruff Parts: Smyrna Twp. *Yell Arkansas Twp Hermitage Service Area: Havana Barton Twp CountyÐBradley Bayou Meto Twp Parts: PRIMARY MEDICAL CARE: Arkansas Brewer Twp Eagle Twp. Service Area Listing Chester Twp Marion Twp. Crockett Twp Ouachita Twp. Service Area Name Garland Twp Palestine Twp. Altheimer Keaton Twp River Twp. CountyÐJefferson La Grue Twp Sumpter Twp. Parts: Point De Luce Twp Washington Twp. C.T. 1.02 Prairie Twp Horseshoe Bend C.T. 1.85 Stanley Twp CountyÐIzard C.T. 7 Diamond Parts: Bearden CountyÐSebastian Baker Twp. CountyÐDallas Parts: Franklin Twp. Parts: Diamond Twp. Jefferson Twp. Holly Springs Twp Hartford Twp. New Hope Twp. CountyÐOuachita Jim Fork Twp. Violet Hill Twp. Parts: Mississippi Twp. Lead Hill Carroll Twp Sugarloaf Twp. CountyÐBoone Cleveland Twp Glenwood/Amity Parts: Freeo Twp CountyÐClark Sugar Loaf Twp Union Twp Parts: CountyÐMarion Valley Twp Amity Twp. Parts: Carthage CountyÐPike Crockett Twp. CountyÐDallas Parts: Franklin Twp. Parts: Antoine Twp. Keesee Twp. Chester Twp. Clark Twp. Sugarloaf Twp. Smith Twp. Eagle Twp. North Pine Bluff Willow Twp. Mountain Twp. CountyÐJefferson Clarendon/Holly Grove Self Creek Twp. Parts: CountyÐMonroe Grannis/Wickes C.T. 5.02 Parts: CountyÐPolk C.T. 6 Cache Twp. Parts: C.T. 6.99 Cleburne Twp Ozark Twp. C.T. 10±13 Cypress Ridge Twp. White Twp. C.T. 14.02 Duncan Twp. Greenbrier C.T. 21.01 Hindman Twp. CountyÐFaulkner Oark Jackson Twp. Parts: CountyÐJohnson Keevil Twp. Benton Twp Parts: Montgomery Twp. California Twp Batson Twp. Pine Ridge Twp. Enola Twp. Dickerson Twp. Raymond Twp. Hardin Twp Hill Twp. Roc Roe Twp. Matthews Twp. Low Gap Twp. Smalley Twp. Mount Vernon Twp. Mulberry Twp. College Station Mountain Twp. Parkin/Earle CountyÐPulaski Union Twp. CountyÐCrittenden Parts: Walker Twp. Parts: C.T. 2 Havana Tyronza Twp. C.T. 4±5 CountyÐYell CountyÐCross C.T. 40.01 Parts: Parts: C.T. 40.03 Bluffton Twp. Tyronza Twp. C.T. 40.05 Briggsville Twp. Reader Dermott/Mcgehee Crawford Twp. CountyÐOuachita CountyÐChicot Dutch Creek Twp. Parts: Parts: Gravelly Hill Twp. Behestian Twp. Bowie Twp Herring Twp. Red Hill Twp. CountyÐDesha Ions Creek Twp. Redfield Parts: Richland Twp. CountyÐJefferson Bowie Twp Riley Twp. Parts: Clayton Twp Waveland Twp. Barraque Twp 51524 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Arkansas PRIMARY MEDICAL CARE: Arkansas PRIMARY MEDICAL CARE: California Service Area Listing Service Area Listing County Listing
Service Area Name Service Area Name County Name Jefferson Twp Illinois Twp. Service Area: West Imperial Richland Morrow Twp. Population Group: MedicaidÐWinterhaven- CountyÐJefferson Prairie Grove Twp. Bard Parts: Price Twp. Facility: Ins Med FacÐEl Centro C.T. 8 Rheas Hill Twp. *Inyo Snow Lake Starr Hill Twp. Service Area: Southern Inyo CountyÐDesha Vineyard Twp Kern Parts: Wedington Twp. Service Area: Arvin/Lamont Mississippi Twp Service Area: Delano/Mcfarland Sparkman PRIMARY MEDICAL CARE: Arkansas Service Area: Frazier Park CountyÐDallas Population Group Listing Service Area: Lake Isabella Parts: Service Area: Se Kern, Boron, California Manchester Twp. Population Group City Nix Twp. Pov PopÐCabot Service Area: Taft Owen Twp. CountyÐLonoke Service Area: Tehachapi Stephens Parts: Population Group: InmatesÐFPC Boron CountyÐOuachita Caroline Twp Population Group: Low IncÐE Bakersfield/ Parts: Goodrum Twp Lakeview Jefferson Twp. Magness Twp Population Group: MedicaidÐRidgecrest Liberty Twp. Oak Grove Twp Population Group: Pov/MFWÐ Smackover Twp. Ward Twp Buttonwillow/Wasco/Shafter Strong York Twp *Kings CountyÐUnion Service Area: Hanford/Lemoore Parts: PRIMARY MEDICAL CARE: California *Lassen Harrison Twp. County Listing Service Area: Adin-Lookout Lapile Twp. Service Area: Honey Lake Umpire County Name Service Area: Madeline Plains CountyÐHoward Alameda Los Angeles Parts: Service Area: Central Oakland Service Area: Avalon/Goodyear/Main Burg Twp. Service Area: East Oakland Service Area: E San Pedro/Wilmington/ Clay Twp. Service Area: West Berkeley Long Beach Port Duckett Twp. Population Group: InmatesÐFCI Dublin Service Area: East Compton Mountain Twp. *Alpine Service Area: East L.A./City Terrace Umpire Twp. Service Area: Markleeville Service Area: Figueroa/Firestone/Gr Mead- Vilonia Butte ows/Watts CountyÐFaulkner Service Area: Biggs/Gridley/Live Oak Service Area: N. El Monte/S. El Monte Parts: Service Area: Feather Falls Service Area: Pico Rivera South Bristol Twp. Service Area: Oroville/Palermo Service Area: Santa Catalina Island Cypress Twp. Population Group: Low IncÐParadise Service Area: Venice Eagle Twp. *Calaveras Population Group: InmatesÐMDC Los An- Harve Twp. Service Area: San Andreas geles Newton Twp. Service Area: West Point/Wilseyville Population Group: Low IncÐPacoima/Sun Palarm Twp. Population Group: Low IncÐAngels Valley North Wilson Twp. *Colusa Population Group: Low IncÐMission Hills/ West Fork/Mountainburg Contra Costa San Fernando CountyÐCrawford Service Area: East Contra Costa Population Group: Low IncÐEl Sereno/ Parts: El Dorado Highland Park Chester Twp Service Area: Georgetown Divide Facility: FCI Terminal Island Mountainburg Twp Fresno Facility: Harbor-UCLA Med Ctr Ambulatory Porter Twp. Service Area: Coalinga Clinics Sand Point Twp. Service Area: Edison/Easton Facility: Ins Med FacÐSan Pedro Shepherd Twp. Service Area: Firebaugh/Mendota Facility: Long Beach Comprehensive Hlth Upper Twp. Service Area: Hanford/Lemoore Ctr Whitley Twp. Service Area: Huron Facility: Martin Luther King Jr. Gen Hosp Winfrey Twp. Service Area: Kerman Madera CountyÐWashington Service Area: San Joaquin-Tranquility Service Area: Chowchilla Parts: Population Group: Pov PopÐFowler/ Service Area: Madera West/Southwest Crawford Twp. Selma/Kingsburg Service Area: Oakhurst Durham Twp. Population Group: Pov Pop/MFWÐ Marin Lees Creek Twp. Reedley/Parlier/Orange Service Area: Bolinas/Stinson Beach Reed Twp. Facility: Valley Medical Center *Mariposa Valley Twp. *Glenn Service Area: Mariposa/Coulterville West Fork Twp. Service Area: Orland *Mendocino White River Twp. Service Area: Willows Service Area: Boonville/Navarro/Philo/ Winslow Twp. *Humboldt Yorkville West Washington Service Area: Willow Creek Service Area: Covelo CountyÐWashington *Imperial Service Area: Laytonville/Leggett Parts: Service Area: Brawley/Calipatria- Service Area: Redwood/Potter Valley Boston Twp. Westmorland Population Group: MedicaidÐUkiah/ Cane Hill Twp. Service Area: Calexico Hopland Cove Creek Twp. Service Area: East Imperial Merced Dutch Mills Twp. Service Area: El Centro Population Group: Low IncÐGustine Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51525
PRIMARY MEDICAL CARE: California PRIMARY MEDICAL CARE: California PRIMARY MEDICAL CARE: California County Listing County Listing County Listing
County Name County Name County Name Population Group: Low IncÐSouthwest Population Group: Low IncÐCity Heights/ Service Area: Porterville Merced Downtown Service Area: Springville Population Group: Low Inc/MFWÐDos Population Group: MedicaidÐVista/Ocean- Service Area: Woodlake/Three Rivers Palos/Los Banos side/Carlsbad Population Group: Low Inc/MFWÐExeter/ Population Group: Medicaid-Atwater/Living- San Francisco Ivanhoe/Lindsay ston-Delhi/Hilmar Population Group: Low IncÐSouth Of Mar- Population Group: MedicaidÐCutler/Orosi/ Population Group: MFW/Span SpÐ ket Dinuba Planada-Le Grand San Joaquin Population Group: Pov/MFWÐVisalia Facility: Merced Comm Med Ctr Service Area: South And East Stockton *Tuolumne *Modoc Population Group: Low IncÐEscalon/ Service Area: Groveland Service Area: Adin-Lookout Manteca/Ripon Population Group: MedicaidÐTuolumne Service Area: Tule Lake San Mateo Co *Mono Service Area: E Menlo Park/E Palo Alto Ventura Service Area: Mono North/Topaz Walker Santa Barbara Population Group: Low Inc/MFWÐVentura Service Area: Mono South/Mammoth Service Area: Cuyama Yolo Lakes Service Area: Guadalupe Service Area: East Yolo Monterey Facility: USP Lompoc Service Area: Esparto Service Area: Coastal/Big Sur/Lucial Santa Cruz Service Area: Knights Landing Service Area: E Salinas/N Central Salinas Service Area: Watsonville Yuba Service Area: King City/Greenfield/Soledad Shasta Population Group: Low IncÐSutter/Yuba Service Area: Pajaro Service Area: Central Shasta/Shingletown/ City Napa Whitmore Population Group: Low IncÐYuba Foothills Population Group: Low IncÐSouthern Service Area: E ShastaÐBurney/Cassel/ Napa Co Fall River Mill PRIMARY MEDICAL CARE: California Service Area: Sacramento Canyon/ Service Area Listing Population Group: Low Inc/MFWÐNorth- Castella/Lakehead/O'Br ern Napa Co Service Area: Southwest Shasta Service Area Name Orange Population Group: MedicaidÐCentral- Adin-Lookout Population Group: Low IncÐCentral Santa North Redding CountyÐLassen Ana Population Group: MedicaidÐSouth Red- Parts: Population Group: Low Inc/MFWÐSan ding-Anderson Big Valley CCD Juan Capistrano Facility: Shasta Primary Care Clinic CountyÐModoc Placer *Sierra Parts: Service Area: Colfax-Summit Service Area: Downieville Adin-Lookout CCD Service Area: Foresthill/Back Country *Siskiyou Arvin/Lamont Population Group: Low IncÐLake Tahoe/ Service Area: Butte Valley/Dorris CountyÐKern Tahoe City Service Area: Etna/Ft. Jones Parts: Population Group: MedicaidÐAuburn/ Service Area: Happy Camp C.T. 62±64 Colfax/Foresthill Service Area: McCloud-Medicine Lake Avalon/Goodyear/Main *Plumas Service Area: Tule Lake CountyÐLos Angeles Population Group: Pov. Pop.ÐQuincy Population Group: Low IncÐDunsmuir Parts: Riverside Population Group: Low IncÐMt Shasta/ C.T. 2281±2289 Service Area: Chuckwalla/Desert Center/ Weed C.T. 2291±2294 Eagle Mt Solano C.T. 2311 Service Area: Palo Verde/Blythe Service Area: Dixon C.T. 2318±2319 Service Area: S Coachella Valley/Mecca Population Group: MedicaidÐVacaville C.T. 2328 Sacramento Sonoma C.T. 2392±2393 Service Area: Galt Service Area: Cloverdale C.T. 2395±2396 Population Group: Pov PopÐSouth Sac- Service Area: Guerneville C.T. 5328±5329 ramento Service Area: Sonoma Valley Biggs/Gridley/Live Oak *San Benito Population Group: Low IncÐHealdsburg/ CountyÐButte Service Area: Hollister/San Juan Bautista Geyserville Parts: Service Area: San Benito/Bitterwater Stanislaus C.T. 34±36 San Bernardino Service Area: West Modesto CountyÐSutter Service Area: Helendale/Silver Lakes Population Group: Low IncÐNewman Parts: Service Area: Red Mountain/Trona Population Group: MedicaidÐOakdale/Riv- C.T. 507 Service Area: S Barstow-Victorville/ erbank Bolinas/Stinson Beach Adelanto/Apple Val Sutter CountyÐMarin Population Group: Low IncÐLake Arrow- Service Area: Biggs/Gridley/Live Oak Parts: head Service Area: Meridian/Robbins C.T. 1321 Population Group: Pov. Pop.ÐBig Bear Population Group: Low IncÐSutter/Yuba Boonville/Navarro/Philo/Yorkville Lake City CountyÐMendocino San Diego *Tehama Parts: Service Area: Borrego Springs Service Area: Corning/Sw East Tehama/ C.T. 112 Service Area: Encanto/Lincoln Acres/Na- Las Molinas Borrego Springs tional City Service Area: Red Bluff CountyÐSan Diego Service Area: Golden Hills/Logan Heights Population Group: MedicaidÐTehama Co Parts: Service Area: Mountain Empire *Trinity C.T. 210 Service Area: Ramona Service Area: Hayfork/Forest Glen/Peanut Brawley/Calipatria-Westmorland Service Area: San Ysidro Service Area: Mad River/Ruth/Zenia CountyÐImperial Population Group: InmatesÐMCC San Service Area: Willow Creek Parts: Diego Tulare C.T. 101±107 51526 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: California PRIMARY MEDICAL CARE: California PRIMARY MEDICAL CARE: California Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name C.T. 123.02 CountyÐSan Mateo C.T. 105.06 Butte Valley/Dorris Parts: Edison/Easton CountyÐSiskiyou C.T. 6117±6120 CountyÐFresno Parts: C.T. 6121.98 Parts: C.T. 2 E Salinas/N Central Salinas C.T. 2±3 Calexico CountyÐMonterey C.T. 7±11 CountyÐImperial Parts: C.T. 19 Parts: C.T. 5±9 El Centro C.T. 119±122 C.T. 13 CountyÐImperial Central Oakland C.T. 17±18 Parts: CountyÐAlameda E San Pedro/Wilmington/Long Beach Port C.T. 108±111 Parts: CountyÐLos Angeles C.T. 112.01±112.02 C.T. 4053±4063 Parts: C.T. 113±117 C.T. 4065 C.T. 2941±2943 C.T. 118.01±118.03 C.T. 4070±4072 C.T. 2945±2949 Encanto/Lincoln Acres/National City Central Shasta/Shingletown/Whitmore C.T. 2949.99 CountyÐSan Diego CountyÐShasta C.T. 2961 Parts: Parts: C.T. 2961.99±2962.00 C.T. 30.01±30.02 C.T. 126 C.T. 2962.99 C.T. 31.01±31.02 Chowchilla C.T. 2971 C.T. 32.02 CountyÐMadera C.T. 2971.99 C.T. 33 Parts: C.T. 5727±5729 C.T. 114 C.T. 2±3 C.T. 5755±5756 C.T. 114.99±115.00 Chuckwalla/Desert Center/Eagle Mt C.T. 5756.99±5757.00 C.T. 116±122 CountyÐRiverside C.T. 5757.99 Esparto Parts: E ShastaÐBurney/Cassel/Fall River Mill CountyÐYolo C.T. 458 CountyÐShasta Parts: Cloverdale Parts: C.T. 115 (Esparto) CountyÐSonoma C.T. 127 Etna/Ft. Jones Parts: East Compton CountyÐSiskiyou C.T. 1541±1542 CountyÐLos Angeles Parts: Coalinga Parts: C.T. 6 (Fort Jones CCD) CountyÐFresno C.T. 5416.01±5416.02 C.T. 8 (Etna CCD) Parts: C.T. 5420 Feather Falls C.T. 79.98 C.T. 5421.01±5421.02 CountyÐButte C.T. 80±81 C.T. 5422 Parts: Coastal/Big Sur/Lucial C.T. 5424.01±5424.02 C.T. 24 (Esparto) CountyÐMonterey C.T. 5704 Figueroa/Firestone/Gr Meadows/Watts Parts: East Contra Costa CountyÐLos Angeles C.T. 115 CountyÐContra Costa Parts: Colfax-Summit Parts: C.T. 2397±2398 CountyÐPlacer C.T. 3010 C.T. 2400 Parts: C.T. 3020.01±3020.02 C.T. 2402±2414 C.T. 219.01±219.02 C.T. 3031±3032 C.T. 2420±2423 C.T. 220.01±220.02 C.T. 3040 C.T. 2426±2427 Corning/Sw East Tehama/Las Molinas East Imperial C.T. 2430±2431 CountyÐTehama CountyÐImperial C.T. 5349±5350 Parts: Parts: C.T. 5351.01±5351.02 C.T. 9±11 C.T. 124 C.T. 5352±5354 C.T. 12.98 East L.A./City Terrace C.T. 5404 Covelo CountyÐLos Angeles Firebaugh/Mendota CountyÐMendocino Parts: CountyÐFresno Parts: C.T. 5303±5306 Parts: C.T. 101 C.T. 5308±5311 C.T. 83 Cuyama C.T. 5312.01±5312.02 C.T. 84.01±84.02 CountyÐSanta Barbara C.T. 5313.01±5313.02 Foresthill/Back Country Parts: C.T. 5315.01±5315.02 CountyÐPlacer C.T. 18 C.T. 5316.01±5316.02 Parts: Delano/Mcfarland C.T. 5317.01±5317.02 C.T. 202 CountyÐKern East Oakland Frazier Park Parts: CountyÐAlameda CountyÐKern C.T. 46±50 Parts: Parts: Dixon C.T. 4073±4075 C.T. 33.02 CountyÐSolano C.T. 4084±4097 Galt Parts: C.T. 4102±4104 CountyÐSacramento C.T. 2533.98 East Yolo Parts: C.T. 2534 CountyÐYolo C.T. 94.01±94.02 Downieville Parts: C.T. 95 CountyÐSierra C.T. 101.01±101.02 Georgetown Divide Parts: C.T. 102.01 CountyÐEl Dorado West Sierra CCD C.T. 102.03±102.04 Parts: E Menlo Park/E Palo Alto C.T. 103 C.T. 306.01±306.03 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51527
PRIMARY MEDICAL CARE: California PRIMARY MEDICAL CARE: California PRIMARY MEDICAL CARE: California Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name Golden Hills/Logan Heights C.T. 114 C.T. 25±33 CountyÐSan Diego Lake Isabella Pajaro Parts: CountyÐKern CountyÐMonterey C.T. 34.02 Parts: Parts: C.T. 35±36 C.T. 51.01 C.T. 101.98 C.T. 38 C.T. 52 C.T. 102.01±102.02 C.T. 38.99±39.00 Laytonville/Leggett Palo Verde/Blythe C.T. 40±41 CountyÐMendocino CountyÐRiverside C.T. 45±50 Parts: Parts: C.T. 50.99±51.00 C.T. 102 C.T. 459±462 C.T. 51.99±52.00 Mad River/Ruth/Zenia Pico Rivera South Groveland CountyÐTrinity CountyÐLos Angeles CountyÐTuolumne Parts: Parts: Parts: C.T. 4 C.T. 5007±5009 Groveland CCD Madeline Plains C.T. 5023±5025 Guadalupe CountyÐLassen C.T. 5026.01±5026.02 CountyÐSanta Barbara Parts: C.T. 5027 Parts: Madeline Plains CCD C.T. 5029.02 C.T. 25 Madera West/Southwest C.T. 5320±5322 Guerneville CountyÐMadera Porterville CountyÐSonoma Parts: CountyÐTulare Parts: C.T. 4 Parts: C.T. 1537.01±1537.02 C.T. 5.02±5.05 C.T. 33±41 C.T. 1543 C.T. 6.01±6.02 C.T. 45 C.T. 1543.99 C.T. 7±10 Ramona Hanford/Lemoore Mariposa/Coulterville CountyÐSan Diego CountyÐFresno CountyÐMariposa Parts: Parts: Parts: C.T. 208.01 C.T. 74 Coulterville CCD C.T. 208.04 CountyÐKings Mariposa CCD C.T. 208.97±208.98 Parts: Markleeville Red Bluff C.T. 1±3 CountyÐAlpine CountyÐTehama C.T. 4.01±4.02 Parts: Parts: C.T. 5±12 Markleeville CCD C.T. 2 C.T. 16 (Pt) McCloud-Medicine Lake C.T. 4±8 Happy Camp CountyÐSiskiyou Red Mountain/Trona CountyÐSiskiyou Parts: CountyÐSan Bernardino Parts: C.T. 12 Parts: C.T. 5 (Pt) Meridian/Robbins C.T. 89.01 Hayfork/Forest Glen/Peanut CountyÐSutter Redwood/Potter Valley CountyÐTrinity Parts: CountyÐMendocino Parts: C.T. 509 Parts: C.T. 3.98 Mono North/Topaz Walker C.T. 108 Helendale/Silver Lakes CountyÐMono S Barstow-Victorville/Adelanto/Apple Val CountyÐSan Bernardino Parts: CountyÐSan Bernardino Parts: C.T. 1 Parts: C.T. 116±117 Mono South/Mammoth Lakes C.T. 91.02±91.04 Hollister/San Juan Bautista CountyÐMono C.T. 97.04±97.06 CountyÐSan Benito Parts: C.T. 98 Parts: C.T. 2 C.T. 99.01±99.03 C.T. 1.98 Mountain Empire C.T. 100.03±100.08 C.T. 2±7 CountyÐSan Diego S Coachella Valley/Mecca C.T. 9 Parts: CountyÐRiverside Honey Lake C.T. 211 Parts: CountyÐLassen N. El Monte/S. El Monte C.T. 456.01±456.02 Parts: CountyÐLos Angeles Sacramento Canyon/Castella/Lakehead/O'Br Honey Lake CCD Parts: CountyÐShasta Huron C.T. 4315 Parts: CountyÐFresno C.T. 4323±4328 C.T. 125 Parts: C.T. 4331±4335 San Andreas C.T. 78 C.T. 4337±4340 CountyÐCalaveras Kerman Oakhurst Parts: CountyÐFresno CountyÐMadera C.T. 2±3 Parts: Parts: San Benito/Bitterwater C.T. 39±41 Oakhurst-North Fork CCD CountyÐSan Benito King City/Greenfield/Soledad Orland Parts: CountyÐMonterey CountyÐGlenn C.T. 8 Parts: Parts: San Joaquin-Tranquility C.T. 111±113 (King City) C.T. 101±102 CountyÐFresno Knights Landing Oroville/Palermo Parts: CountyÐYolo CountyÐButte C.T. 82 Parts: Parts: San Ysidro 51528 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: California PRIMARY MEDICAL CARE: California PRIMARY MEDICAL CARE: California Service Area Listing Service Area Listing Population Group Listing
Service Area Name Service Area Name Population Group CountyÐSan Diego C.T. 1104.98 C.T. 745.01 Parts: C.T. 1105±1107 C.T. 746.01±746.02 C.T. 100.01±100.05 C.T. 1223 C.T. 747.01±747.02 C.T. 100.07±100.09 C.T. 1224.97±1224.98 C.T. 748.01±748.02 C.T. 101.03±101.04 C.T. 1225.98 C.T. 748.05±748.06 C.T. 101.06±101.09 West Berkeley C.T. 749.01±749.02 C.T. 102±105 CountyÐAlameda C.T. 750.01±750.02 Santa Catalina Island Parts: C.T. 751 CountyÐLos Angeles C.T. 4220±4223 C.T. 752.01±752.02 Parts: C.T. 4230±4234 Low IncÐCity Heights/Downtown C.T. 5990±5991 C.T. 4240 CountyÐSan Diego Se Kern, Boron, California City West Imperial Parts: CountyÐKern CountyÐImperial C.T. 14±15 Parts: Parts: C.T. 22±24 C.T. 55.03±55.06 C.T. 123.01 C.T. 25.01±25.02 C.T. 56±59 West Modesto C.T. 26 Sonoma Valley CountyÐStanislaus C.T. 27.01 CountyÐSonoma Parts: C.T. 27.04±27.06 Parts: C.T. 15 C.T. 34.01 C.T. 1501±1502 C.T. 16.01±16.02 C.T. 42±44 C.T. 1503.01±1503.02 C.T. 17 C.T. 53±58 C.T. 1504±1505 C.T. 22±24 C.T. 58.99 South And East Stockton C.T. 31 C.T. 60±61 CountyÐSan Joaquin West Point/Wilseyville Low IncÐDunsmuir Parts: CountyÐCalaveras CountyÐSiskiyou C.T. 1±3 Parts: Parts: C.T. 5±8 C.T. 4±5 C.T. 11 C.T. 8.99 Willow Creek Low IncÐE Bakersfield/Lakeview C.T. 16±26 CountyÐHumboldt CountyÐKern C.T. 27.01±27.02 Parts: Parts: C.T. 28±29 C.T. 101 (Trinity±Klamath C.T. 10 C.T. 36.01±36.02 CountyÐTrinity C.T. 11.01±11.03 C.T. 37±39 Parts: C.T. 12±15 Southern Inyo C.T. 2 (lower Trinity) C.T. 20±22 CountyÐInyo Willows C.T. 23.01±23.02 Parts: CountyÐGlenn C.T. 24±26 Death Valley CCD Parts: C.T. 30 Independence CCD (S 1/2) C.T. 103±105 Low IncÐEl Sereno/Highland Park Lone Pine CCD Woodlake/Three Rivers CountyÐLos Angeles Southwest Shasta CountyÐTulare Parts: CountyÐShasta Parts: C.T. 1831.01±1831.02 Parts: C.T. 1 C.T. 1832±1833 C.T. 124 C.T. 7 C.T. 1835±1838 Springville C.T. 1991 CountyÐTulare PRIMARY MEDICAL CARE: California C.T. 1992.01±1992.02 Parts: Population Group Listing C.T. 1993 C.T. 27 C.T. 1998 Taft Population Group C.T. 2011±2012 CountyÐKern InmatesÐFCI Dublin C.T. 2013.01±2013.02 Parts: CountyÐAlameda C.T. 2014.01±2014.02 C.T. 33.03±33.04 Parts: C.T. 2015.01±2015.02 C.T. 34±36 FCI Dublin C.T. 2016±2017 Tehachapi InmatesÐFPC Boron C.T. 5307 CountyÐKern CountyÐKern Low IncÐEscalon/Manteca/Ripon Parts: Parts: CountyÐSan Joaquin C.T. 60.01±60.02 FPC Boron Parts: C.T. 61 InmatesÐMCC San Diego C.T. 49.01 Tule Lake CountyÐSan Diego C.T. 49.98 CountyÐModoc Parts: C.T. 50.01±50.02 Parts: MCC San Diego C.T. 51.01 Tule Lake CCD InmatesÐMDC Los Angeles C.T. 51.06 CountyÐSiskiyou CountyÐLos Angeles C.T. 51.08±51.20 Parts: Parts: Low IncÐGustine C.T. 1 (Tule Lake CCD) MDC Los Angeles CountyÐMerced Venice Low IncÐAngels Parts: CountyÐLos Angeles CountyÐCalaveras C.T. 20 Parts: Parts: Low IncÐHealdsburg/Geyserville C.T. 2731±2739 C.T. 1 CountyÐSonoma Watsonville Low IncÐCentral Santa Ana Parts: CountyÐSanta Cruz CountyÐOrange C.T. 1538±1540 Parts: Parts: Low IncÐLake Arrowhead C.T. 1101±1103 C.T. 744.05 CountyÐSan Bernardino Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51529
PRIMARY MEDICAL CARE: California PRIMARY MEDICAL CARE: California PRIMARY MEDICAL CARE: California Population Group Listing Population Group Listing Population Group Listing
Population Group Population Group Population Group Parts: C.T. 508 C.T. 3 C.T. 108±110 C.T. 510 C.T. 4.01±4.02 Low IncÐLake Tahoe/Tahoe City CountyÐYuba MedicaidÐRidgecrest CountyÐPlacer Parts: CountyÐKern Parts: C.T. 401±407 Parts: C.T. 201.01±201.07 C.T. 409.00±409.02 C.T. 53 Low IncÐMission Hills/San Fernando C.T. 410 C.T. 54.01±54.04 CountyÐLos Angeles Low IncÐYuba Foothills C.T. 55.01 Parts: CountyÐYuba MedicaidÐSouth Redding-Anderson C.T. 1042.01±1042.02 Parts: CountyÐShasta C.T. 1044.01 C.T. 411 Parts: C.T. 1061.02 Low Inc/MFWÐDos Palos/Los Banos C.T. 120±123 C.T. 1064.01 CountyÐMerced MedicaidÐTehama Co C.T. 1066.01±1066.02 Parts: CountyÐTehama C.T. 1070 C.T. 21.98 Parts: C.T. 1091 C.T. 22 Medicaid Eligible C.T. 1094±1095 C.T. 23.01±23.02 MedicaidÐTuolumne Co C.T. 3201±3203 C.T. 24 CountyÐTuolumne Low IncÐMt Shasta/Weed Low Inc/MFWÐExeter/Ivanhoe/Lindsay Parts: CountyÐSiskiyou CountyÐTulare Medicaid Eligible Parts: Parts: MedicaidÐUkiah/Hopland C.T. 9±10 C.T. 8 CountyÐMendocino Low IncÐNewman C.T. 14±16 Parts: CountyÐStanislaus C.T. 25±26 Hopland CCD Parts: C.T. 28 Ukiah CCD C.T. 32 Low Inc/MFWÐNorthern Napa Co MedicaidÐVacaville C.T. 33.98 CountyÐNapa CountyÐSolano C.T. 34.98 Parts: Parts: C.T. 35 C.T. 2015±2020 Vacaville CCD Low IncÐPacoima/Sun Valley North Low Inc/MFWÐSan Juan Capistrano MedicaidÐVista/Oceanside/Carlsbad CountyÐLos Angeles CountyÐOrange CountyÐSan Diego Parts: Parts: Parts: C.T. 1041.01±1041.02 C.T. 421.03 C.T. 178.01 C.T. 1043 C.T. 421.05±421.10 C.T. 178.03 C.T. 1044.02 C.T. 422.01 C.T. 178.05±178.08 C.T. 1045±1046 C.T. 422.03±422.04 C.T. 179±184 C.T. 1047.01±1047.02 C.T. 423.10±423.13 C.T. 185.01 C.T. 1048 C.T. 423.22±423.23 C.T. 185.04 C.T. 1210±1212 Low Inc/MFWÐVentura C.T. 185.07±185.08 C.T. 1218±1219 CountyÐVentura C.T. 185.97±185.98 C.T. 1221±1222 Parts: C.T. 186.01 Low IncÐParadise Camarillo CCD C.T. 186.03 CountyÐButte Fillmore-Piru CCD C.T. 186.05±186.07 Parts: Las Posas CCD C.T. 192.02±192.04 C.T. 17±23 Los Padres CCD C.T. 193 Low IncÐSouth Of Market Meiners Oaks-Ojai CCD C.T. 194.01±194.02 CountyÐSan Francisco Oxnard CCD C.T. 195 Parts: Santa Paula CCD C.T. 196.01±196.02 C.T. 122±125 Ventura CCD C.T. 197.01±197.02 C.T. 176.02 MedicaidÐAuburn/Colfax/Foresthill C.T. 198.01±198.02 C.T. 176.98 CountyÐPlacer C.T. 199.01±199.03 C.T. 177±178 Parts: C.T. 200.05±200.12 C.T. 179.01±179.02 C.T. 203±205 C.T. 203.01 C.T. 179.99±180.00 C.T. 215.01 MedicaidÐWinterhaven-Bard C.T. 201.98 C.T. 215.01 CountyÐImperial C.T. 226±229 C.T. 216 Parts: C.T. 607 C.T. 218 C.T. 125 Low IncÐSouthern Napa Co C.T. 218.02 Medicaid-Atwater/Livingston-Delhi/Hilmar CountyÐNapa MedicaidÐCentral-North Redding CountyÐMerced Parts: CountyÐShasta Parts: C.T. 2001±2014 Parts: C.T. 1±2 Low IncÐSouthwest Merced C.T. 101±119 C.T. 3.01±3.02 CountyÐMerced MedicaidÐCutler/Orosi/Dinuba C.T. 4 Parts: CountyÐTulare C.T. 5.01±5.02 C.T. 9 Parts: C.T. 6±8 C.T. 15±16 Dinuba CCD C.T. 301 Low IncÐSutter/Yuba City Orosi-Cutler CCD MFW/Span SpÐPlanada-Le Grand CountyÐSutter MedicaidÐOakdale/Riverbank CountyÐMerced Parts: CountyÐStanislaus Parts: C.T. 501±504 Parts: Planada-Le Grand CCD C.T. 505.01±505.02 C.T. 1 Pov PopÐFowler/Selma/Kingsburg C.T. 506.01±506.02 C.T. 2.01±2.03 CountyÐFresno 51530 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: California PRIMARY MEDICAL CARE: Colorado PRIMARY MEDICAL CARE: Colorado Population Group Listing County Listing County Listing
Population Group County Name County Name Parts: Adams *Park C.T. 16±17 Service Area: Bennett/Strasburg Service Area: Fairplay C.T. 70.01±70.02 Service Area: Commerce City Service Area: Lake George C.T. 71±73 Population Group: Low IncÐThornton *Phillips Pov PopÐSouth Sacramento Population Group: MSFWÐFt Lupton/ Population Group: Low IncÐPhillips Co CountyÐSacramento Brighton *Prowers Parts: *Alamosa Pueblo C.T. 27±28 Population Group: Low IncÐAlamosa Co Population Group: Med IndÐPueblo Co C.T. 30 Arapahoe *Rio Blanco C.T. 31.01±31.02 Service Area: Bennett/Strasburg Service Area: Meeker C.T. 32.01±32.02 *Archuleta Service Area: Rangely C.T. 35.01±35.02 *Baca *Rio Grande C.T. 36±37 *Bent *Routt C.T. 44.01±44.02 Boulder Service Area: Oak Creek/Yampa C.T. 45 Population Group: MSFWÐFt Lupton/ *Saguache C.T. 46.01±46.02 Brighton *San Juan Pov Pop/MFWÐReedley/Parlier/Orange Population Group: Pov PopÐLafayette/ *San Miguel CountyÐFresno Louisville Service Area: Nucla/Norwood Parts: *Chaffee Sedgwick C.T. 63 Service Area: Northern Chaffee Service Area: Julesburg (CO/NB) C.T. 65 *Cheyenne *Teller C.T. 66.01±66.02 *Clear Creek Service Area: Cripple Creek C.T. 67 *Conejos *Washington C.T. 68.01±68.02 Population Group: Med IndÐConejos Co Weld C.T. 69 *Costilla Population Group: MSFWÐFt Lupton/ Pov. Pop.ÐBig Bear Lake *Crowley Brighton CountyÐSan Bernardino *Custer Parts: *Delta PRIMARY MEDICAL CARE: Colorado C.T. 112±115 Population Group: Low IncÐDelta Co Service Area Listing Pov. Pop.ÐQuincy Denver CountyÐPlumas Service Area: Globeville Service Area Name Parts: Service Area: Montbello Bennett/Strasburg Quincy CCD *Dolores CountyÐAdams Pov/MFWÐButtonwillow/Wasco/Shafter Douglas Parts: CountyÐKern Facility: FCI Englewood East Adams CCD Parts: *Eagle CountyÐArapahoe C.T. 37 Service Area: Eagle-Gypsum Parts: C.T. 39±45 El Paso East Arapahoe CCD Pov/MFWÐVisalia Service Area: Calhan-Yoder Calhan-Yoder CountyÐTulare Population Group: Med IndÐColorado CountyÐEl Paso Parts: Springs Parts: C.T. 9 *Elbert C.T. 39.01 C.T. 10.01±10.02 Service Area: Limon C.T. 46 C.T. 11±13 *Fremont Collbran C.T. 17.01±17.02 Facility: FCI Florence CountyÐMesa C.T. 18±19 *Garfield Parts: C.T. 20.01±20.05 Service Area: Rifle Collbran CCD *Gilpin Commerce City PRIMARY MEDICAL CARE: California *Hinsdale CountyÐAdams Facility Listing *Huerfano Parts: Service Area: Gardner C.T. 87.03 Facility Name *Jackson C.T. 87.05±87.06 FCI Terminal Island *Kiowa C.T. 88.01±88.02 CountyÐLos Angeles *Lake C.T. 89.01 Harbor-Ucla Med Ctr Ambulatory Clinics *Las Animas C.T. 89.52 CountyÐLos Angeles Population Group: Low IncÐLas Animas Cripple Creek Ins Med FacÐEl Centro Co CountyÐTeller CountyÐImperial Lincoln Parts: Ins Med FacÐSan Pedro Service Area: Limon Cripple Creek CCD CountyÐLos Angeles *Logan Crook/Fleming Long Beach Comprehensive Hlth Ctr Service Area: Crook/Fleming CountyÐLogan CountyÐLos Angeles *Mesa Parts: Martin Luther King Jr. Gen Hosp Service Area: Collbran Crook CCD CountyÐLos Angeles *Mineral Fleming CCD Merced Comm Med Ctr *Moffat Eagle-Gypsum CountyÐMerced Service Area: Rangely CountyÐEagle Shasta Primary Care Clinic *Montrose Parts: CountyÐShasta Service Area: Nucla/Norwood Eagle-Gypsum CCD USP Lompoc *Morgan Fairplay CountyÐSanta Barbara Population Group: Low IncÐMorgan Co CountyÐPark Valley Medical Center *Otero Parts: CountyÐFresno Population Group: Med Ind PopÐOtero Co Fairplay CCD Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51531
PRIMARY MEDICAL CARE: Colorado PRIMARY MEDICAL CARE: Colorado PRIMARY MEDICAL CARE: Colorado Service Area Listing Population Group Listing Population Group Listing
Service Area Name Population Group Population Group Gardner MFW C.T. 127.98 CountyÐHuerfano Low IncÐLas Animas Co C.T. 129.01±129.02 Parts: CountyÐLas Animas C.T. 130.02 Gardner CCD Parts: C.T. 130.98 Globeville Low Income C.T. 131.02±131.05 CountyÐDenver Low IncÐMorgan Co Parts: CountyÐMorgan PRIMARY MEDICAL CARE: Colorado C.T. 15 Parts: Facility Listing C.T. 35 Low Income Julesburg (CO/NB) Low IncÐPhillips Co Facility Name CountyÐSedgwick CountyÐPhillips FCI Englewood Lake George Parts: CountyÐDouglas CountyÐPark Low Income FCI Florence Parts: Low IncÐThornton CountyÐFremont Lake George CCD CountyÐAdams Limon Parts: PRIMARY MEDICAL CARE: Connecticut CountyÐElbert C.T. 85.05±85.08 County Listing Parts: C.T. 85.15±85.18 Agate CCD C.T. 90.01±90.03 County Name Simla CCD C.T. 91.02 Fairfield CountyÐLincoln C.T. 92.01±92.03 Service Area: Central/East Bridgeport Meeker C.T. 93.04 Service Area: South End Stamford CountyÐRio Blanco C.T. 93.06±93.10 Service Area: Southwest Bridgeport Parts: C.T. 93.13±93.18 Population Group: InmatesÐFCI Danbury Meeker CCD C.T. 94.01 Population Group: Low IncÐStratford Montbello C.T. 94.03 Population Group: Low IncÐDanbury CountyÐDenver C.T. 94.05±94.07 Population Group: Low IncÐS Norwalk Parts: C.T. 95.01±95.02 Hartford C.T. 83.04±83.06 C.T. 95.53 Service Area: Charter Oak/Frog Hollow/ C.T. 83.11±83.12 C.T. 96.03±96.06 Parkville/Barry Northern Chaffee C.T. 97.50 Service Area: North-Central Hartford CountyÐChaffee Med IndÐColorado Springs Population Group: Low IncÐCentral New Parts: CountyÐEl Paso Britain Buena Vista CCD Parts: Middlesex Nucla/Norwood C.T. 13.01 Population Group: Med Ind/HomelessÐC CountyÐMontrose C.T. 14±17 Middletown Parts: C.T. 21.01 New Haven Nucla CCD C.T. 22±23 Service Area: Central Waterbury CountyÐSan Miguel C.T. 26±29 Service Area: Fair Haven Parts: Med IndÐConejos Co Population Group: Low IncÐCentral New Norwood CCD CountyÐConejos Haven Oak Creek/Yampa Parts: Population Group: Low IncÐWest Haven CountyÐRoutt Medically Indigent Population Group: Low IncÐMeriden Parts: Med IndÐPueblo Co Population Group: Med IndÐAnsonia Oak Creek CCD CountyÐPueblo New London Yampa CCD Parts: Service Area: Central Groton Rangely Medically Indigent Population Group: Low IncÐNorwich CountyÐMoffat Med Ind PopÐOtero Co Population Group: Low IncÐCentral New Parts: CountyÐOtero London Artesia CCD Parts: Windham CountyÐRio Blanco Medically Indigent Population Group: Low IncÐTown Of Parts: MSFWÐFt Lupton/Brighton Windham Rangely CCD CountyÐAdams Rifle Parts: PRIMARY MEDICAL CARE: Connecticut CountyÐGarfield C.T. 85.13±85.14 Service Area Listing Parts: C.T. 86.01±86.02 Grand Valley CCD CountyÐBoulder Service Area Name New Castle CCD Parts: Central Groton Rifle CCD C.T. 128 CountyÐNew London C.T. 132.01 Parts: PRIMARY MEDICAL CARE: Colorado C.T. 132.04 C.T. 7022±7023 Population Group Listing C.T. 133.02 C.T. 7025 C.T. 133.05±133.08 C.T. 7027±7028 Population Group C.T. 134.01±134.02 Central Waterbury Low IncÐAlamosa Co C.T. 135.01 CountyÐNew Haven CountyÐAlamosa C.T. 135.03±135.04 Parts: Parts: CountyÐWeld C.T. 3501±3505 Low Income Parts: C.T. 3508 Low IncÐDelta Co MSFW C.T. 3512 CountyÐDelta Pov PopÐLafayette/Louisville C.T. 3514 Parts: CountyÐBoulder Central/East Bridgeport Low Inc Parts: CountyÐFairfield 51532 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Connecticut PRIMARY MEDICAL CARE: Connecticut PRIMARY MEDICAL CARE: District Of Co- Service Area Listing Population Group Listing lumbia County Listing Service Area Name Population Group Parts: C.T. 1701.01±1701.02 County Name C.T. 713±717 C.T. 1702.01±1702.02 Dist Of Columbia C.T. 735±736 C.T. 1703±1717 Service Area: Anacostia C.T. 738±744 Low IncÐNorwich Service Area: Brentwood Charter Oak/Frog Hollow/Parkville/Barry CountyÐNew London Service Area: East Capitol St. (Far S.E.) CountyÐHartford Parts: Service Area: Mt. Pleasant/Upper Cardozo Parts: Bozrah Town Service Area: South Capitol C.T. 5001±5002 Franklin Town Service Area: Suitland C.T. 5019 Griswold Town Population Group: HomelessÐDowntown C.T. 5027±5030 Lisbon Town Washington C.T. 5043 Montville Town C.T. 5045±5046 Norwich Town PRIMARY MEDICAL CARE: District Of Co- C.T. 5049 Preston Town lumbia Fair Haven Service Area Listing CountyÐNew Haven Sprague Town Voluntown Town Parts: Service Area Name Low IncÐS Norwalk C.T. 1421 Anacostia C.T. 1423±1425 CountyÐFairfield Parts: CountyÐDist Of Columbia C.T. 1426.01±1426.02 Parts: North-Central Hartford C.T. 440±442 C.T. 74.01 CountyÐHartford C.T. 444±445 Parts: Low IncÐStratford C.T. 74.03±74.04 C.T. 5005 CountyÐFairfield C.T. 74.06±74.09 C.T. 5008±5018 Parts: C.T. 75.02±75.04 C.T. 5020 Stratford Town C.T. 76.01 C.T. 5022 Low IncÐTown Of Windham C.T. 76.05 C.T. 5034±5035 CountyÐWindham Brentwood C.T. 5037 Parts: CountyÐDist Of Columbia South End Stamford Windham Town Parts: CountyÐFairfield Low IncÐWest Haven C.T. 47 Parts: CountyÐNew Haven C.T. 79.01 C.T. 222±223 Parts: C.T. 79.03 Southwest Bridgeport West Haven Town C.T. 80.01 CountyÐFairfield Med IndÐAnsonia C.T. 84.02 Parts: CountyÐNew Haven C.T. 702±712 C.T. 84.10 Parts: C.T. 85.10 Ansonia Town PRIMARY MEDICAL CARE: Connecticut C.T. 86 Derby Town C.T. 88.02±88.04 Population Group Listing Seymour Town C.T. 89.03±89.04 Med Ind/HomelessÐC Middletown Population Group C.T. 91.02 CountyÐMiddlesex InmatesÐFCI Danbury East Capitol St. (Far S.E.) Parts: CountyÐFairfield CountyÐDist Of Columbia Parts: C.T. 5411 C.T. 5415±5418 Parts: FCI Danbury C.T. 77.03 Low IncÐCentral New Britain C.T. 5421 C.T. 77.07±77.09 CountyÐHartford Parts: PRIMARY MEDICAL CARE: DELAWARE C.T. 78.03±78.04 C.T. 4159±4162 County Listing C.T. 78.06±78.09 C.T. 4166 C.T. 96.02±96.03 C.T. 4168 County Name C.T. 99.03±99.07 C.T. 4171 New Castle Mt. Pleasant/Upper Cardozo Low IncÐCentral New Haven Service Area: Middletown-Odessa CountyÐDist Of Columbia CountyÐNew Haven Service Area: Wilmington-Southbridge Parts: Parts: C.T. 25.02 C.T. 1402±1409 PRIMARY MEDICAL CARE: DELAWARE C.T. 27.01±27.02 C.T. 1413 Service Area Listing C.T. 28.01±28.02 C.T. 1415±1416 C.T. 29±30 Low IncÐCentral New London Service Area Name Middletown-Odessa C.T. 36±39 CountyÐNew London C.T. 43 Parts: CountyÐNew Castle South Capitol C.T. 6901 Parts: CountyÐDist Of Columbia C.T. 6903±6906 C.T. 166±169 C.T. 6906.99±6907.00 Wilmington-Southbridge Parts: C.T. 6907.99 CountyÐNew Castle C.T. 60.20 Low IncÐDanbury Parts: C.T. 64.10 CountyÐFairfield C.T. 1 C.T. 71±72 Parts: C.T. 6.01±6.02 Suitland C.T. 2101±2114 C.T. 7±9 CountyÐDist Of Columbia Low IncÐMeriden C.T. 15±17 Parts: CountyÐNew Haven C.T. 19±23 C.T. 73.02 Parts: C.T. 154±155 C.T. 98.01±98.08 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51533
PRIMARY MEDICAL CARE: District Of Co- PRIMARY MEDICAL CARE: Florida PRIMARY MEDICAL CARE: Florida lumbia County Listing County Listing Population Group Listing County Name County Name Population Group Facility: Century Corr Inst Pasco HomelessÐDowntown Washington *Franklin Population Group: Pov/MFWÐEastern CountyÐDist Of Columbia Population Group: Med IndÐFranklin Co Pasco Parts: Gadsden Facility: Zephryhills Corr Inst C.T. 40.01±40.02 *Gilchrist Pinellas C.T. 41 Glades Population Group: Pov PopÐInner St. Pe- C.T. 42.02 Service Area: Glades/Hendry tersburg C.T. 46 *Gulf Polk C.T. 48.01±48.02 Population Group: MedicaidÐGulf Co Service Area: Frostproof/Lake Wales C.T. 49.01±49.02 *Hamilton Service Area: Polk City/Eva C.T. 50±51 *Hardee *Putnam C.T. 52.10 *Hendry Seminole C.T. 52.20 Service Area: Glades/Hendry Population Group: Medicaid/MFWÐSemi- C.T. 53.01±53.02 Facility: Hendry Corr Inst nole Co C.T. 54.01±54.02 Hernando St Johns C.T. 55.01±55.02 Population Group: Medicaid/MFWÐ Population Group: Medicaid/MFWÐSt. C.T. 56 Hernando Co Johns Co C.T. 57.01±57.02 *Highlands St Lucie C.T. 58±59 Population Group: Pov/MFWÐHighlands Population Group: Pov/MFWÐSt. Lucie Co Co *Sumter (g) PRIMARY MEDICAL CARE: Florida Facility: Avon Park Corr Inst Facility: Sumter Corr Inst County Listing Hillsborough *Suwannee Service Area: East Tampa/Ybor City *Taylor County Name Population Group: Pov/MFWÐ *Union (g) Alachua E Hillsborough Facility: North Florida Reception Ctr. Population Group: MedicaidÐAlachua Co *Holmes (g) Volusia *Baker Facility: Holmes Corr Inst Population Group: Medicaid/MFWÐVolusia Population Group: Medicaid/MFWÐBaker *Indian River Co Co Population Group: Medicaid/MFWÐIndian *Wakulla Facility: Baker Corr Inst River Co *Walton (g) Bay *Jackson Facility: Walton Corr Inst Population Group: MedicaidÐBay Co Population Group: MedicaidÐJackson Co *Washington Bradford (g) Facility: Apalachee Correctional Inst Population Group: MedicaidÐWashington Facility: Florida State Prs Facility: FCI Marianna Co Brevard *Jefferson Population Group: Medicaid/MFWÐ *Lafayette (g) PRIMARY MEDICAL CARE: Florida Brevard Co Facility: Mayo Corr Inst Service Area Listing Facility: Brevard Corr Inst Lake Broward Population Group: MSFWÐLake/Orange Service Area Name Population Group: Pov/MFWÐPompano Lee Atmore/Century (AL/FL) *Calhoun (g) Population Group: Medicaid/MSFWÐLee CountyÐEscambia Facility: Calhoun Corr Inst Co Parts: Charlotte Leon C.T. 38±40 Population Group: Low IncÐCharlotte Co Population Group: Low IncÐBond Com- Callahan/Hilliard *Citrus munity CountyÐNassau Population Group: MedicaidÐCitrus Co *Levy Parts: Clay *Madison C.T. 504±505 Service Area: Keystone Heights Manatee East Tampa/Ybor City Collier Population Group: Medicaid/MFWÐMana- CountyÐHillsborough Service Area: Everglades tee Co Parts: Service Area: Imokalee Marion C.T. 10 *Columbia Population Group: Medicaid/MFWÐMarion C.T. 17±19 Population Group: Pov PopÐColumbia Co Co C.T. 30±44 Dade Martin C.T. 49±51 Service Area: Model Cities Service Area: Indiantown Everglades Service Area: Southern Dade (Homestead) *Monroe CountyÐCollier Service Area: Wynwood Population Group: MedicaidÐMonroe Co Parts: Population Group: InmatesÐMCC Miami Nassau C.T. 111.01±111.02 Population Group: Low IncÐNorth Beach Service Area: Callahan/Hilliard Frostproof/Lake Wales Population Group: Low IncÐLittle Havana Okaloosa CountyÐPolk Population Group: Low IncÐSouth Beach Population Group: InmatesÐFPC Elgin Parts: Facility: Coconut Grove Comm Hth Ctr Population Group: Low IncÐCrestview C.T. 142±144 Facility: Doris Ison Comm Hlth Ctr Facility: Okaloosa Corr Inst C.T. 154±158 Facility: Jackson Mem. Hosp. Outpt. *Okeechobee C.T. 160 Clinics Population Group: Medicaid/MFWÐOkee- C.T. 161.98 Facility: S Florida Recept Ctr chobee Co Glades/Hendry *De Soto Orange CountyÐGlades Population Group: Pov/MFWÐDesoto Co Population Group: MSFWÐLake/Orange CountyÐHendry *Dixie (g) Palm Beach Imokalee Facility: Cross City Corr Inst Service Area: West Palm Beach CountyÐCollier Escambia Population Group: MFWÐBelle Glade/ Parts: Service Area: Atmore/Century (AL/FL) Pahokee C.T. 112.01±112.03 51534 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Florida PRIMARY MEDICAL CARE: Florida PRIMARY MEDICAL CARE: Florida Service Area Listing Population Group Listing Population Group Listing
Service Area Name Population Group Population Group C.T. 113±114 C.T. 1 Parts: Indiantown C.T. 4±6 Medicaid Eligible CountyÐMartin C.T. 10.01 Medicaid/MFWÐBaker Co Parts: C.T. 11.01±11.02 CountyÐBaker Indiantown CCD C.T. 12±14 Parts: Keystone Heights Low IncÐCharlotte Co Medicaid Eligible/MFW CountyÐClay CountyÐCharlotte Medicaid/MFWÐBrevard Co Parts: Parts: CountyÐBrevard Keystone Heights CCD Low Income Parts: Model Cities Low IncÐCrestview Medicaid Eligible/MFW CountyÐDade CountyÐOkaloosa Medicaid/MFWÐHernando Co Parts: Parts: CountyÐHernando C.T. 4.08 C.T. 203±207 Parts: C.T. 8.01±8.02 Low IncÐLittle Havana Medicaid Eligible/MFW C.T. 9.01±9.03 CountyÐDade Medicaid/MFWÐIndian River Co C.T. 10.01±10.04 Parts: CountyÐIndian River C.T. 11.03 C.T. 30.02 Parts: C.T. 15.01±15.02 C.T. 36.02 Medicaid/Mig Fmwkrs C.T. 16.01±16.02 C.T. 49.01±49.02 Medicaid/MFWÐManatee Co C.T. 17.01±17.02 C.T. 50.01±50.02 CountyÐManatee C.T. 18.01±18.03 C.T. 51 Parts: C.T. 19.01 C.T. 52.01 Medicaid Eligible/MFW C.T. 19.03±19.04 C.T. 53.01±53.02 Medicaid/MFWÐMarion Co C.T. 23 C.T. 54.01±54.02 CountyÐMarion Polk City/Eva C.T. 55.01±55.02 Parts: CountyÐPolk C.T. 56 Medicaid Eligible/MFW Parts: C.T. 57.03±57.04 Medicaid/MFWÐOkeechobee Co C.T. 116 C.T. 58.01 CountyÐOkeechobee C.T. 123±124 C.T. 61.01±61.02 Parts: Southern Dade (Homestead) C.T. 62 Medicaid Eligible/MFW CountyÐDade C.T. 63.01±63.02 Medicaid/MFWÐSeminole Co Parts: C.T. 64.01±64.03 CountyÐSeminole C.T. 103±105 C.T. 65 Parts: C.T. 106.02 Low IncÐNorth Beach Medicaid Eligible/MFW C.T. 107.01 CountyÐDade Medicaid/MFWÐSt. Johns Co C.T. 108±109 Parts: CountyÐSt Johns C.T. 110.01±110.02 C.T. 39.01±39.02 Parts: C.T. 111 C.T. 39.04±39.06 Medicaid Eligible/MFW C.T. 112.01±112.02 Low IncÐSouth Beach Medicaid/MFWÐVolusia Co C.T. 113 CountyÐDade CountyÐVolusia C.T. 114.98 Parts: Parts: West Palm Beach C.T. 42±45 Medicaid Eligible/MFW CountyÐPalm Beach Med IndÐFranklin Co Medicaid/MSFWÐLee Co Parts: CountyÐFranklin CountyÐLee C.T. 20±26 Parts: Parts: Wynwood Medically Indigent Medicaid Eligible/MSFW CountyÐDade MedicaidÐAlachua Co MFWÐBelle Glade/Pahokee Parts: CountyÐAlachua CountyÐPalm Beach C.T. 14.01±14.02 Parts: Parts: C.T. 20.01 Medicaid Eligible C.T. 80.01±80.02 C.T. 20.03±20.04 MedicaidÐBay Co C.T. 81.01±81.02 C.T. 21 CountyÐBay C.T. 82.01±82.03 C.T. 22.01±22.02 Parts: C.T. 83.01±83.02 C.T. 25±26 Medicaid Eligible MSFWÐLake/Orange C.T. 27.01±27.02 MedicaidÐCitrus Co CountyÐLake C.T. 28±29 CountyÐCitrus Parts: Parts: MSFW PRIMARY MEDICAL CARE: Florida Medicaid Eligible CountyÐOrange Population Group Listing MedicaidÐGulf Co Parts: CountyÐGulf MSFW Population Group Parts: Pov PopÐColumbia Co InmatesÐFPC Elgin Medicaid Eligible CountyÐColumbia CountyÐOkaloosa MedicaidÐJackson Co Parts: Parts: CountyÐJackson Pov Pop FPC Elgin Parts: Pov PopÐInner St. Petersburg InmatesÐMCC Miami Medicaid Eligible CountyÐPinellas CountyÐDade MedicaidÐMonroe Co Parts: Parts: CountyÐMonroe C.T. 201.01 MCC Miami Parts: C.T. 203.01 Low IncÐBond Community Medicaid Eligible C.T. 204±208 CountyÐLeon MedicaidÐWashington Co C.T. 209.95 Parts: CountyÐWashington C.T. 210.95 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51535
PRIMARY MEDICAL CARE: Florida PRIMARY MEDICAL CARE: Florida PRIMARY MEDICAL CARE: Georgia Population Group Listing Facility Listing County Listing
Population Group Facility Name County Name C.T. 212±213 Coconut Grove Comm Hth Ctr Population Group: Low IncÐCentral Mari- C.T. 213.99±214.00 CountyÐDade etta C.T. 215 Cross City Corr Inst *Colquitt C.T. 216.95 CountyÐDixie *Crawford C.T. 218.95 Doris Ison Comm Hlth Ctr Dade C.T. 219.95 CountyÐDade Population Group: Pov PopÐDade Co C.T. 220 Florida State Prs *Dawson C.T. 234±235 CountyÐBradford De Kalb Pov/MFWÐDesoto Co FCI Marianna Service Area: South Decatur/Candler/ CountyÐDe Soto CountyÐJackson Mcafee Parts: Hendry Corr Inst *Decatur Pov Pop/MFW CountyÐHendry Population Group: Low IncÐDecatur Co Pov/MFWÐE Hillsborough Holmes Corr Inst *Dodge CountyÐHillsborough CountyÐHolmes Population Group: Low IncÐDodge Co Parts: Jackson Mem. Hosp. Outpt. Clinics *Dooly C.T. 121.03±121.06 CountyÐDade Population Group: Low IncÐDooly Co C.T. 122.01 Liberty Corr Inst Dougherty C.T. 122.03±122.04 Mayo Corr Inst Service Area: East Albany C.T. 123.01±123.02 CountyÐLafayette Service Area: South Albany C.T. 124±131 North Florida Reception Ctr. Douglas C.T. 132.01±132.02 Population Group: Low IncÐDouglasville CountyÐUnion C.T. 133.01±133.02 Effingham Okaloosa Corr Inst C.T. 133.04±133.05 *Elbert CountyÐOkaloosa C.T. 134.01±134.03 Population Group: Pov PopÐElbert Co S Florida Recept Ctr C.T. 135.01±135.02 *Emanuel CountyÐDade C.T. 136±138 *Evans C.T. 139.02±139.05 Sumter Corr Inst Population Group: Low IncÐEvans Co C.T. 140.01±140.03 CountyÐSumter Fannin C.T. 141.01 Walton Corr Inst Population Group: Low IncÐFannin Co C.T. 141.03±141.04 CountyÐWalton Forsyth Pov/MFWÐEastern Pasco Zephryhills Corr Inst Population Group: Pov PopÐForsyth Co CountyÐPasco CountyÐPasco *Franklin Parts: Population Group: Pov PopÐFranklin Co C.T. 319 PRIMARY MEDICAL CARE: Georgia Fulton C.T. 320.01±320.02 County Listing Service Area: Atlanta/Southside C.T. 321.01±321.02 Service Area: West Atlanta C.T. 322±329 County Name Population Group: Med IndÐPalmetto C.T. 330.01±330.04 *Atkinson Facility: Us PenÐAtlanta C.T. 331 *Bacon *Gilmer Pov/MFWÐHighlands Co Population Group: Pov PopÐBacon Co Population Group: Low IncÐGilmer Co CountyÐHighlands *Baker *Glascock Parts: *Banks *Gordon Migrants Bartow Population Group: Low IncÐGordon Pov Pop Population Group: Low IncÐBartow Co *Grady Pov/MFWÐPompano *Ben Hill Population Group: Pov PopÐGrady Co CountyÐBroward Population Group: Pov PopÐBen Hill Co *Greene Parts: *Berrien *Hall C.T. 103.01±103.02 *Brantley Population Group: Low IncÐHall Co C.T. 107 *Brooks *Hancock C.T. 303±306 Bryan *Haralson C.T. 308.01 Service Area: Pembroke Population Group: Low IncÐHaralson Co Pov/MFWÐSt. Lucie Co *Burke *Hart CountyÐSt Lucie Butts Population Group: Low IncÐHart Co Parts: *Calhoun *Heard Pov Pop/MFW Population Group: Pov PopÐCalhoun Co Henry *Camden Population Group: Low IncÐHenry Co PRIMARY MEDICAL CARE: Florida Service Area: Woodbine Houston Facility Listing *Candler Population Group: Low IncÐHouston Co Population Group: Low IncÐCandler Co *Irwin Facility Name *Charlton Jackson Apalachee Correctional Inst Chatham Population Group: Low IncÐJackson Co CountyÐJackson Population Group: Pov PopÐN W Savan- *Jasper Avon Park Corr Inst nah *Jeff Davis CountyÐHighlands Chattahoochee Population Group: Low IncÐJeff Davis Co Baker Corr Inst *Chattooga *Jefferson CountyÐBaker Cherokee *Jenkins Brevard Corr Inst Clarke Population Group: Low IncÐJenkins Co CountyÐBrevard Population Group: Low IncÐCentral City *Johnson Calhoun Corr Inst Athens Jones CountyÐCalhoun *Clay Population Group: Pov PopÐJones Co Century Corr Inst *Clinch *Lamar CountyÐEscambia Cobb Population Group: Pov PopÐLamar Co 51536 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Georgia PRIMARY MEDICAL CARE: Georgia PRIMARY MEDICAL CARE: Georgia County Listing County Listing Service Area Listing
County Name County Name Service Area Name *Lanier Population Group: Low IncÐWhitfield Co C.T. 80 Lee *Wilcox C.T. 81.01±81.02 *Liberty *Wilkes C.T. 82.01±82.02 *Lincoln *Wilkinson C.T. 83.01±83.02 *Long *Worth C.T. 84±85 *Lumpkin C.T. 86.01±86.02 Population Group: Low IncÐLumpkin Co PRIMARY MEDICAL CARE: Georgia C.T. 87.01±87.02 Madison Service Area Listing Woodbine *Marion CountyÐCamden Population Group: Low IncÐMarion Co Service Area Name Parts: *McIntosh Atlanta/Southside Woodbine CCD *Meriwether CountyÐFulton *Mitchell Parts: PRIMARY MEDICAL CARE: Georgia Population Group: Low IncÐMitchell Co C.T. 44 Population Group Listing Montgomery C.T. 46.95 Service Area: Montgomery/Wheeler C.T. 48 Population Group *Murray C.T. 49.95 Low IncÐBartow Co Muscogee/Columbus C.T. 50 CountyÐBartow Population Group: Pov PopÐCentral C.T. 52±53 Parts: Muscogee C.T. 55.01±55.02 Low Income *Olgethorpe C.T. 56±58 Low IncÐCandler Co Paulding C.T. 63±64 CountyÐCandler Peach C.T. 67 Parts: Service Area: Fort Valley C.T. 68.01±68.02 Low Income Pop Pickens C.T. 69±73 Low IncÐCentral City Athens Population Group: Low IncÐPickens Co East Albany CountyÐClarke *Pierce CountyÐDougherty Parts: Population Group: Low IncÐPierce Co Parts: C.T. 1±7 *Pike C.T. 1±2 C.T. 9±10 Population Group: Low IncomeÐPike Co C.T. 101±102 Low IncÐCentral Marietta *Polk C.T. 103.01±103.02 CountyÐCobb *Putnam C.T. 107±108 Parts: *Rabun Fort Valley C.T. 307±308 *Randolph CountyÐPeach C.T. 309.02 Population Group: Pov PopÐRandolph Co Parts: Low IncÐDecatur Co *Schley Fort Valley CCD CountyÐDecatur Population Group: Low IncÐSchley Co Montgomery/Wheeler Parts: *Screven CountyÐMontgomery Low Income *Seminole CountyÐWheeler Low IncÐDodge Co Stewart Pembroke CountyÐDodge Service Area: Stewart/Webster CountyÐBryan Parts: *Talbot Parts: Low Income *Tattnall C.T. 201 (Pembroke CCD) Low IncÐDooly Co *Taylor South Albany CountyÐDooly Population Group: Low IncÐTaylor Co CountyÐDougherty Parts: *Telfair Parts: Low Income Population Group: Low IncÐTelfair Co C.T. 12 (Pembroke CCD) Low IncÐDouglasville *Terrell C.T. 14.01±14.02 CountyÐDouglas *Toombs C.T. 15 Parts: Population Group: Med IndÐToombs Co C.T. 106.01±106.02 C.T. 803 *Towns South Decatur/Candler/Mcafee Low IncÐEvans Co Population Group: Low IncÐTowns Co CountyÐDe Kalb CountyÐEvans *Treutlen Parts: Parts: *Turner C.T. 205±209 Low Income Twiggs C.T. 227 Low IncÐFannin Co *Union C.T. 231.01 CountyÐFannin Population Group: Low IncÐUnion Co C.T. 235.01±235.02 Parts: Walker C.T. 236±237 Low Income *Ware Stewart/Webster Low IncÐGilmer Co Population Group: Low IncÐWare Co CountyÐStewart CountyÐGilmer *Warren CountyÐWebster Parts: *Washington West Atlanta Low Income Population Group: Pov PopÐWashington CountyÐFulton Low IncÐGordon Co Parts: CountyÐGordon *Wayne C.T. 8 Parts: Facility: FCI Jesup C.T. 22±26 Low Income Webster C.T. 36±41 Low IncÐHall Co Service Area: Stewart/Webster C.T. 42.95 CountyÐHall Wheeler C.T. 43 Parts: Service Area: Montgomery/Wheeler C.T. 60±62 Low Income *White C.T. 66.02 Low IncÐHaralson Co *Whitfield C.T. 78.04 CountyÐHaralson Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51537
PRIMARY MEDICAL CARE: Georgia PRIMARY MEDICAL CARE: Georgia PRIMARY MEDICAL CARE: Georgia Population Group Listing Population Group Listing Population Group Listing
Population Group Population Group Population Group Parts: Low Income C.T. 1 Low Income Low IncomeÐPike Co C.T. 3 Low IncÐHart Co CountyÐPike C.T. 6.01 CountyÐHart Parts: C.T. 8±13 Parts: Low Income C.T. 15 Low Income Low IncomeÐTelfair Co C.T. 17±28 Low IncÐHenry Co CountyÐTelfair C.T. 32 CountyÐHenry Parts: C.T. 33.01±33.02 Parts: Low Income C.T. 36.01±36.02 Low Income Med IndÐPalmetto C.T. 37 Low IncÐHouston Co CountyÐFulton C.T. 44±45 CountyÐHouston Parts: C.T. 101.01 Parts: C.T. 104 Low Income C.T. 105.04±105.06 C.T. 106.04 Low IncÐJackson Co Med IndÐToombs Co Pov PopÐRandolph Co CountyÐJackson CountyÐToombs CountyÐRandolph Parts: Parts: Parts: Low Income Medically Indigent Pov Pop Low IncÐJeff Davis Co Pov PopÐBacon Co Pov PopÐWashington Co CountyÐJeff Davis CountyÐBacon CountyÐWashington Parts: Parts: Parts: Low Income Pov Pop Pov Pop Low IncÐJenkins Co Pov PopÐBen Hill Co CountyÐJenkins CountyÐBen Hill PRIMARY MEDICAL CARE: Georgia Parts: Parts: Facility Listing Low Income Pov Pop Low IncÐLumpkin Co Pov PopÐCalhoun Co Facility Name CountyÐLumpkin CountyÐCalhoun FCI Jesup Parts: Parts: CountyÐWayne Low Income Pov Pop US PenÐAtlanta Low IncÐMarion Co Pov PopÐCentral Muscogee CountyÐFulton CountyÐMarion CountyÐMuscogee/Columbus Parts: Parts: PRIMARY MEDICAL CARE: Hawaii Low Income C.T. 1 County Listing Low IncÐMitchell Co C.T. 13 CountyÐMitchell C.T. 15 County Name Parts: C.T. 18±20 *Hawaii Low Income C.T. 22±25 Service Area: Hamakua Low IncÐPickens Co C.T. 27±28 Service Area: Pahoa CountyÐPickens C.T. 29.01±29.02 Honolulu Parts: C.T. 30±34 Population Group: Pov PopÐKokua/Kalihi- Low Income Pov PopÐDade Co Palama Low IncÐPierce Co CountyÐDade *Maui/Kalawao CountyÐPierce Parts: Service Area: Hana/Haiku Parts: Pov Pop Service Area: Island Of Lanai Low Income Pov PopÐElbert Co Service Area: Island Of Molokai Low IncÐSchley Co CountyÐElbert CountyÐSchley Parts: PRIMARY MEDICAL CARE: Hawaii Parts: Pov Pop Service Area Listing Low Income Pov PopÐForsyth Co Low IncÐTaylor Co CountyÐForsyth Service Area Name CountyÐTaylor Parts: Hamakua Parts: Pov Pop CountyÐHawaii Low Income Pov PopÐFranklin Co Parts: Low IncÐTowns Co CountyÐFranklin C.T. 219±221 CountyÐTowns Parts: Hana/Haiku Parts: Pov Pop CountyÐMaui/Kalawao Low Income Pov PopÐGrady Co Low IncÐUnion Co CountyÐGrady Parts: CountyÐUnion Parts: C.T. 301±302 Parts: Pov Pop Island Of Lanai Low Income Pov PopÐJones Co CountyÐMaui/Kalawao Low IncÐWalton Co CountyÐJones Parts: Parts: Parts: C.T. 316 Low Income Pov Pop Island Of Molokai Low IncÐWare Co Pov PopÐLamar Co CountyÐMaui/Kalawao CountyÐWare CountyÐLamar Parts: Parts: Parts: C.T. 317±319 Low Income Pov Pop Pahoa Low IncÐWhitfield Co Pov PopÐN W Savannah CountyÐHawaii CountyÐWhitfield CountyÐChatham Parts: Parts: Parts: C.T. 211 51538 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Hawaii PRIMARY MEDICAL CARE: Idaho PRIMARY MEDICAL CARE: Idaho Population Group Listing County Listing Service Area Listing
Population Group County Name Service Area Name Pov PopÐKokua/Kalihi-Palama Service Area: St. Maries CountyÐOwyhee CountyÐHonolulu *Lemhi Parts: Parts: *Lewis Bruneau CCD C.T. 51±57 Service Area: Winchester Grand View CCD C.T. 57.99±58.00 *Madison Malad City/Downey C.T. 59±62 Population Group: MSFWÐMadison Co CountyÐBannock C.T. 63.01±63.02 *Minidoka Parts: C.T. 64.01±64.02 Service Area: Minidoka C.T. 19 (S Bannock CCD) C.T. 65±66 Population Group: MSFWÐE. Magic Val- CountyÐOneida ley Minidoka PRIMARY MEDICAL CARE: Idaho Oneida CountyÐMinidoka County Listing Service Area: Malad City/Downey Parts: *Owyhee Minidoka CCD County Name Service Area: Grand View/Bruneau Mud Lake Ada Service Area: N.W. Owyhee CountyÐJefferson Facility: Idaho State Pen. Population Group: MSFWÐS. Treasure Parts: *Adams Valley Hamer CCD *Bannock *Payette Roberts CCD Service Area: Malad City/Downey Service Area: New Plymouth N.W. Owyhee Benewah Population Group: MSFWÐN. Treasure CountyÐOwyhee Service Area: St. Maries Valley (ID/OR) Parts: *Bingham *Power Homedale CCD Service Area: American Falls Service Area: American Falls Marsing CCD Population Group: MSFWÐE Snake River Population Group: MSFWÐE. Magic Val- Murphy CCD Valley ley New Plymouth *Blaine *Teton CountyÐPayette Service Area: Carey *Twin Falls Parts: *Boise Service Area: Buhl New Plymouth CCD *Bonner Population Group: MSFWÐW. Magic Val- Nyssa (OR/ID) Service Area: Clark Fork ley CountyÐCanyon Service Area: Priest River *Washington Parts: *Bonneville Population Group: MSFWÐN. Treasure Parma CCD Population Group: MSFWÐBonneville Co Valley (ID/OR) Wilder CCD Butte Oakley Service Area: Arco/Mackay PRIMARY MEDICAL CARE: Idaho CountyÐCassia *Camas Service Area Listing Parts: Canyon Oakley CCD Service Area: Nyssa (OR/ID) Service Area Name Pierce/Weippe Population Group: MSFWÐS. Treasure Albion/Malta CountyÐClearwater Valley CountyÐCassia Parts: *Caribou Parts: Pierce-Headquarters CCD *Cassia Albion CCD Weippe CCD Service Area: Albion/Malta American Falls Priest River Service Area: Oakley CountyÐBingham CountyÐBonner Population Group: MSFWÐE. Magic Val- Parts: Parts: ley Aberdeen CCD Blanchard-Glengary CCD *Clark CountyÐPower Priest River CCD *Clearwater Parts: Riggins Service Area: Pierce/Weippe American Falls CCD CountyÐIdaho *Custer Rockland CCD Parts: Service Area: Arco/Mackay Arco/Mackay Riggins CCD Service Area: Challis CountyÐCuster St. Maries Service Area: Stanley Parts: CountyÐKootenai *Elmore Mackay CCD Parts: *Franklin Buhl Harrison CCD *Fremont CountyÐTwin Falls Worley CCD *Gem Parts: Stanley Population Group: MSFWÐN. Treasure Buhl CCD CountyÐCuster Valley (ID/OR) W. Salmon Falls CCD Parts: *Gooding Carey Stanley CCD Population Group: MSFWÐW. Magic Val- CountyÐBlaine Winchester ley Parts: CountyÐLewis *Idaho Carey CCD Parts: Service Area: Riggins Challis Winchester CCD *Jefferson CountyÐCuster Service Area: Mud Lake Parts: PRIMARY MEDICAL CARE: Idaho Population Group: MSFWÐE Snake River Challis CCD Population Group Listing Valley Clark Fork *Jerome CountyÐBonner Population Group Population Group: MSFWÐW. Magic Val- Parts: MSFWÐBonneville Co ley Clark Fork CCD CountyÐBonneville *Kootenai Grand View/Bruneau Parts: Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51539
PRIMARY MEDICAL CARE: Idaho PRIMARY MEDICAL CARE: Illinois PRIMARY MEDICAL CARE: Illinois Population Group Listing County Listing County Listing
Population Group County Name County Name MSFW Service Area: Humboldt Park Service Area: Aledo/Alexis MSFWÐE Snake River Valley Service Area: Logan Square *Wayne CountyÐBingham Service Area: New City Will Parts: Service Area: North Lawndale Service Area: Eastside Joliet MSFW Service Area: Oakland/Grand Blvd./ Facility: Joliet Corr Inst CountyÐJefferson Kenwood/Wash. Pk. *Williamson Parts: Service Area: Riverdale/West Pullman Facility: USP Marion MSFW Service Area: Roseland/Pullman/Burnside Winnebago MSFWÐE. Magic Valley Service Area: S Lawndale Service Area: Rockford Westside CountyÐCassia Service Area: South Chicago Parts: Service Area: South Deering PRIMARY MEDICAL CARE: Illinois MSFW Service Area: West Englewood/Englewood Service Area Listing CountyÐMinidoka Service Area: West/East Garfield Park Parts: Population Group: InmatesÐMCC Chicago Service Area Name MSFW Population Group: Low IncÐChatham/Ava- Aledo/Alexis CountyÐPower lon Pk/Gr Grand Cro CountyÐWarren Parts: Population Group: Low IncÐSouth Shore Parts: MSFW Population Group: Low IncÐNear West Spring Grove Twp MSFWÐMadison Co Side (Pt) Auburn Gresham CountyÐMadison Facility: Alivio Med Ctr CountyÐCook Parts: Facility: Cook Co. Dept. Of Corr. Comp. Parts: MSFW Facility: Erie Family Hc (Teens) C.T. 7101±7115 MSFWÐN. Treasure Valley (ID/OR) Facility: Erie Family Hc (West Town) Austin CountyÐGem Facility: Erie Family Hc (Seniors) CountyÐCook Parts: Facility: Erie Family Hc (Humboldt Park) Parts: MSFW Facility: Il Masonic Med Ctr Outpt Clinic C.T. 2501±2524 CountyÐPayette Facility: Infant Welfare Society Cairo Parts: Facility: Pcc Community Wellness Ctr CountyÐPulaski MSFW Facility: S. Chicago Comm. Hosp. Douglas/Armour Sq/Near South Side CountyÐWashington *Cumberland CountyÐCook Parts: *De Witt Parts: MSFW *Edgar C.T. 3301±3305 MSFWÐS. Treasure Valley *Edwards C.T. 3401±3406 CountyÐCanyon *Fulton C.T. 3501±3515 Parts: Service Area: Lewistown/Astoria East St. Louis MSFW *Henderson CountyÐMadison CountyÐOwyhee *Jackson Parts: Parts: Population Group: Med IndÐJackson Co C.T. 4007 MSFW *Jasper CountyÐSt Clair MSFWÐW. Magic Valley Jersey Parts: CountyÐGooding *Jo Daviess C.T. 5004±5006 Parts: Service Area: Stockton/Warren C.T. 5009±5014 MSFW *Johnson C.T. 5021±5022 CountyÐJerome Kankakee C.T. 5024.01 Parts: Service Area: Pembroke C.T. 5024.03±5024.04 MSFW C.T. 5025 CountyÐTwin Falls *Lawrence Population Group: Low IncÐLawrence Co C.T. 5027±5030 Parts: C.T. 5041 MSFW *Macoupin Madison C.T. 5042.01 Service Area: East St. Louis C.T. 5044 PRIMARY MEDICAL CARE: Idaho Eastside Joliet Facility Listing Population Group: Med IndÐAlton/Wood River CountyÐWill Facility Name *Massac Parts: Idaho State Pen. Population Group: Med IndÐMassac Co C.T. 8812±8813 CountyÐAda Mercer C.T. 8820±8822 Service Area: Aledo/Alexis C.T. 8824±8825 PRIMARY MEDICAL CARE: Illinois Ogle C.T. 8830 County Listing Service Area: Polo Humboldt Park Peoria CountyÐCook County Name Service Area: South Peoria Parts: Alexander *Pope C.T. 2301±2318 Service Area: Cairo Pulaski Lewistown/Astoria *Brown Service Area: Cairo CountyÐFulton *Carroll Rock Island Parts: *Cass Population Group: MedicaidÐQuad-Cities Astoria Twp *Clay (IA/IL) Bernadotte Twp Clinton *Scott Cass Twp Cook St Clair Farmers Twp Service Area: Auburn Gresham Service Area: East St. Louis Isabel Twp Service Area: Austin *Stark Kerton Twp Service Area: Douglas/Armour Sq/Near *Union Lewistown Twp South Side *Warren Liverpool Twp 51540 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Illinois PRIMARY MEDICAL CARE: Illinois PRIMARY MEDICAL CARE: Illinois Service Area Listing Service Area Listing Facility Listing
Service Area Name Service Area Name Facility Name Pleasant Twp South Peoria Alivio Med Ctr Putman Twp CountyÐPeoria CountyÐCook Vermont Twp Parts: Cook Co. Dept. Of Corr. Comp. Waterford Twp C.T. 1±13 CountyÐCook Woodland Twp Stockton/Warren Erie Family Hc (Humboldt Park) Logan Square CountyÐJo Daviess CountyÐCook CountyÐCook Parts: Erie Family Hc (Seniors) Parts: Apple River Twp. CountyÐCook C.T. 2201±2229 Berreman Twp. Erie Family Hc (Teens) New City Derinda Twp. CountyÐCook CountyÐCook Nora Twp. Erie Family Hc (West Town) Parts: Pleasant Valley Twp. CountyÐCook C.T. 6101±6122 Rush Twp. Il Masonic Med Ctr Outpt Clinic North Lawndale Stockton Twp. CountyÐCook CountyÐCook Thompson Twp. Infant Welfare Society Parts: Wards Grove Twp. CountyÐCook C.T. 2901±2927 Warren Twp. Joliet Corr Inst Oakland/Grand Blvd./Kenwood/Wash. Pk. Woodbine Twp. CountyÐWill CountyÐCook West Englewood/Englewood Pcc Community Wellness Ctr Parts: CountyÐCook CountyÐCook C.T. 3601±3605 Parts: S. Chicago Comm. Hosp. C.T. 3701±3704 C.T. 6701±6720 CountyÐCook C.T. 3801±3820 C.T. 6801±6814 USP Marion C.T. 3901±3907 West/East Garfield Park CountyÐWilliamson C.T. 4001±4008 CountyÐCook Pembroke Parts: PRIMARY MEDICAL CARE: Indiana CountyÐKankakee C.T. 2601±2610 County Listing Parts: C.T. 2701±2719 Pembroke Twp. County Name Polo PRIMARY MEDICAL CARE: Illinois Adams CountyÐOgle Population Group Listing *Benton Parts: *Brown Population Group Brookville Twp *Carroll InmatesÐMCC Chicago Buffalo Twp *Crawford CountyÐCook Eagle Point Twp *Franklin Parts: Forreston Twp *Grant MCC Chicago Leaf River Twp Population Group: Med IndÐGrant Co Low IncÐChatham/Avalon Pk/Gr Grand Cro Lincoln Twp *Greene CountyÐCook Harrison Maryland Twp Parts: Mount Morris Twp Service Area: Elizabeth C.T. 4401±4409 Service Area: Fredricksburg Pine Creek Twp C.T. 4501±4503 Woosung Twp Howard C.T. 6901±6915 Population Group: Med IndÐKokomo Riverdale/West Pullman Low IncÐLawrence Co CountyÐCook *Jasper CountyÐLawrence Population Group: Low IncÐJasper Co Parts: Parts: C.T. 5301±5306 *Jennings Low Income *Knox C.T. 5401 Low IncÐNear West Side (Pt) Service Area: Bicknell Rockford Westside CountyÐCook *Lagrange CountyÐWinnebago Parts: Lake Parts: C.T. 2801±2828 Service Area: East Chicago C.T. 10±11 C.T. 2838±2843 C.T. 21 Low IncÐSouth Shore Service Area: Gary C.T. 24±29 CountyÐCook Marion C.T. 31±32 Parts: Service Area: Blackburn (Indianapolis) Roseland/Pullman/Burnside C.T. 4301±4314 Service Area: Forest Manor (Indianapolis) CountyÐCook Med IndÐAlton/Wood River Service Area: Highland-Brookside (Indian- Parts: CountyÐMadison apolis) C.T. 4701 Parts: Service Area: Near North Side (Indianap- C.T. 4901±4914 Alton Twp olis) C.T. 5001±5003 Wood River Twp Service Area: South Central Indianapolis S Lawndale Med IndÐJackson Co Service Area: Southwest Indianapolis CountyÐCook CountyÐJackson *Newton Parts: Parts: *Noble C.T. 3001±3020 Medically Indigent *Ohio South Chicago Med IndÐMassac Co *Owen CountyÐCook CountyÐMassac *Pike Parts: Parts: *Putnam C.T. 4601±4610 Medically Indigent Facility: Indiana State Farm South Deering MedicaidÐQuad±Cities (IA/IL) *Randolph CountyÐCook CountyÐRock Island *Ripley Parts: Parts: Service Area: Osgood/Versailles C.T. 5101±5105 Medicaid Eligibles Scott Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51541
PRIMARY MEDICAL CARE: Indiana PRIMARY MEDICAL CARE: Indiana PRIMARY MEDICAL CARE: Indiana County Listing Service Area Listing Facility Listing
County Name Service Area Name Facility Name *Spencer CountyÐMarion Indiana State Farm St Joseph Parts: CountyÐPutnam Service Area: Southwest South Bend C.T. 3517 *Starke C.T. 3519 PRIMARY MEDICAL CARE: Iowa *Steuben C.T. 3521 County Listing *Sullivan C.T. 3528 *Switzerland C.T. 3531±3532 County Name Vermillion Northern Vermillion *Adair Service Area: Northern Vermillion CountyÐVermillion Service Area: Redfield Vigo Parts: *Benton Population Group: InmatesÐUSP Terre Eugene Twp Black Hawk Haute Highland Twp Population Group: MedicaidÐBlackhawk *Warren Vermillion Twp Co *Washington Osgood/Versailles *Boone Service Area: Fredricksburg CountyÐRipley Service Area: Dayton/Gowrie *White Parts: Bremer Brown Twp. Service Area: Sumner/Tripoli PRIMARY MEDICAL CARE: Indiana Center Twp. *Buchanan Service Area Listing Johnson Twp. *Butler Otter Creek Twp. *Calhoun Service Area Name Shelby Twp. Service Area: Dayton/Gowrie Bicknell Washington Twp. *Cedar CountyÐKnox South Central Indianapolis Service Area: Lowden/Lost Nation Parts: CountyÐMarion *Cherokee Vigo Twp Parts: Service Area: Kingsley/Anthon/Mapleton Washington Twp C.T. 3556±3557 *Clayton Widner Twp C.T. 3559 Service Area: Elkader/Strawberry Point Blackburn (Indianapolis) C.T. 3562 *Clinton CountyÐMarion C.T. 3569±3572 Service Area: Lowden/Lost Nation Parts: C.T. 3578±3580 Dallas C.T. 3501±3502 Southwest Indianapolis Service Area: Redfield C.T. 3511±3512 CountyÐMarion *Davis C.T. 3515 Parts: *Delaware East Chicago C.T. 3414±3415 CountyÐLake C.T. 3417 Service Area: Elkader/Strawberry Point Parts: C.T. 3424±3426 *Fremont C.T. 301±310 C.T. 3563±3564 Service Area: Glenwood/Tabor Elizabeth C.T. 3581 *Greene CountyÐHarrison Southwest South Bend Service Area: Dayton/Gowrie Parts: CountyÐSt Joseph *Grundy Boone Twp. Parts: Service Area: Grundy Posey Twp. C.T. 6 *Guthrie Taylor Twp. C.T. 17±24 Service Area: Guthrie Center Forest Manor (Indianapolis) C.T. 27 Service Area: Redfield CountyÐMarion C.T. 29±30 *Hamilton Parts: Service Area: Dayton/Gowrie C.T. 3225±3227 PRIMARY MEDICAL CARE: Indiana *Hancock C.T. 3505±3508 Population Group Listing *Harrison C.T. 3523 Service Area: Onawa (IA/NE) Fredricksburg Population Group *Jackson CountyÐHarrison InmatesÐUSP Terre Haute Service Area: Lowden/Lost Nation Parts: CountyÐVigo *Jones Blue River Twp Parts: Service Area: Lowden/Lost Nation Morgan Twp USP Terre Haute *Kossuth CountyÐWashington Low IncÐJasper Co *Louisa Parts: CountyÐJasper *Lyon Posey Twp Parts: Service Area: Rock Rapids Gary Low Income *Madison CountyÐLake Med IndÐGrant Co Service Area: Redfield Parts: CountyÐGrant Mills C.T. 101 Parts: Service Area: Glenwood/Tabor C.T. 102.98 Medically Indigent *Monona C.T. 103±134 Med IndÐKokomo Service Area: Kingsley/Anthon/Mapleton C.T. 411±412 CountyÐHoward Service Area: Onawa (IA/NE) C.T. 413.01 Parts: *O Brien Highland-Brookside (Indianapolis) Kokomo City *Plymouth CountyÐMarion Service Area: Kingsley/Anthon/Mapleton Parts: PRIMARY MEDICAL CARE: Indiana Service Area: Le Mars/Akron C.T. 3526±3527 Facility Listing Pottawattamie C.T. 3544±3545 Service Area: Oakland C.T. 3547±3551 Facility Name Scott Near North Side (Indianapolis) Branchville Training Ctr Service Area: Lowden/Lost Nation 51542 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Iowa PRIMARY MEDICAL CARE: Iowa PRIMARY MEDICAL CARE: Iowa County Listing Service Area Listing Service Area Listing
County Name Service Area Name Service Area Name Population Group: MedicaidÐQuad-Cities Black Hawk Twp Portland Twp (IA/IL) Colfax Twp Preston Twp *Tama Lincoln Twp Remsen Twp *Taylor Melrose Twp Sioux Twp *Webster Palermo Twp Stanton Twp Service Area: Dayton/Gowrie Pleasant Valley Twp Union Twp Woodbury Shiloh Twp Washington Twp Service Area: Kingsley/Anthon/Mapleton Washington Twp Westfield Twp Service Area: Onawa (IA/NE) Guthrie Center Lowden/Lost Nation Population Group: MedicaidÐSioux City CountyÐGuthrie CountyÐCedar Parts: Parts: PRIMARY MEDICAL CARE: Iowa Baker Twp Inland Twp Service Area Listing Bear Grove Twp Massillon Twp Beaver Twp Springfield Twp Service Area Name Cass Twp CountyÐClinton Dayton/Gowrie Dodge Twp Parts: CountyÐBoone Grant Twp Liberty Twp Parts: Highland Twp Sharon Twp Dodge Twp Jackson Twp Spring Rock Twp Grant Twp Orange Twp CountyÐJackson Pilot Mound Twp Richland Twp Parts: CountyÐCalhoun Seely Twp Monmouth Twp Parts: Thompson Twp CountyÐJones Reading Twp Union Twp Parts: CountyÐGreene Valley Twp Oxford Twp Parts: Victory Twp Wyoming Twp Dawson Twp Kingsley/Anthon/Mapleton CountyÐScott Paton Twp CountyÐCherokee Parts: CountyÐHamilton Parts: Liberty Twp Parts: Grand Meadow Twp Oakland Marion Twp CountyÐMonona CountyÐPottawattamie Webster Twp Parts: Parts: CountyÐWebster Cooper Twp Belknap Twp Parts: Grant Twp Carson Twp Burnside Twp Maple Twp Center Twp Clay Twp CountyÐPlymouth Grove Twp Dayton Twp Parts: James Twp Gowrie Twp Elkhorn Twp Knox Twp Hardin Twp Garfield Twp Layton Twp Lost Grove Twp CountyÐWoodbury Lincoln Twp Roland Twp Parts: Macedonia Twp Sumner Twp Arlington Twp Pleasant Twp Webster Twp Banner Twp Silver Creek Twp Yell Twp Floyd Twp Valley Twp Elkader/Strawberry Point Grange Twp Washington Twp CountyÐClayton Grant Twp Onawa (IA/NE) Parts: Kedron Twp CountyÐHarrison Boardman Twp Liston Twp Parts: Cass Twp Little Sioux Twp Jackson Twp Cox Creek Twp Miller Twp Little Sioux Twp Grand Meadow Twp Morgan Twp CountyÐMonona Highland Twp Moville Twp Parts: Lodomillo Twp Oto Twp Ashton Twp Marion Twp Rock Twp Belvidere Twp Monona Twp Rutland Twp Center Twp Sperry Twp Union Twp Fairview Twp Wagner Twp West Fork Twp Franklin Twp CountyÐDelaware Willow Twp Jordan Twp Parts: Wolf Creek Twp Kennebec Twp Honey Creek Twp Le Mars/Akron Lake Twp Richland Twp CountyÐPlymouth Lincoln Twp Glenwood/Tabor Parts: Onawa City CountyÐFremont America Twp Sherman Twp Parts: Elgin Twp Sioux Twp Green Twp Fredonia Twp Soldier Twp Monroe Twp Grant Twp Spring Valley Twp Riverside Twp Henry Twp St Clair Twp Scott Twp Johnson Twp West Fork Twp CountyÐMills Liberty Twp Willow Twp Grundy Marion Twp CountyÐWoodbury CountyÐGrundy Meadow Twp Parts: Parts: Plymouth Twp Lakeport Twp Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51543
PRIMARY MEDICAL CARE: Iowa PRIMARY MEDICAL CARE: Kansas PRIMARY MEDICAL CARE: Kansas Service Area Listing County Listing Facility Listing
Service Area Name County Name Facility Name Sloan Twp *Clark USP Leavenworth Willow Twp Service Area: Ashland CountyÐJefferson Redfield *Cloud CountyÐAdair *Doniphan PRIMARY MEDICAL CARE: Kentucky Parts: Douglas County Listing Lincoln Twp Population Group: Low IncÐDouglas Co County Name CountyÐDallas *Edwards *Adair Parts: Elk *Allen Linn Twp Service Area: Elk/Chautauqua *Anderson Union Twp *Ellsworth *Ballard CountyÐGuthrie *Geary *Bath Parts: *Gray Population Group: Med IndÐBath Co Penn Twp *Jackson *Bell Stuart Twp *Jefferson (g) Service Area: Western Harlan CountyÐMadison Facility: USP Leavenworth Service Area: Williamsburg/Saxton Parts: *Jewell Boyd Madison Twp *Kearny Facility: FCI Ashland Penn Twp *Kingman *Bracken Rock Rapids *Kiowa *Breathitt CountyÐLyon *Lincoln *Breckinridge Parts: *Linn Population Group: Low IncÐBreckinridge Allison Twp *Lyon Co Cleveland Twp Population Group: Low IncÐLyon Co Dale Twp *Marion Bullitt Doon Twp *Norton Service Area: Lebanon Junction Elgin Twp *Osage *Butler Garfield Twp *Osborne Campbell Grant Twp *Pawnee Population Group: Pov PopÐInner City Larchwood Twp *Phillips Newport Liberal Twp *Pratt *Carroll Midland Twp *Rawlins Carter Riverside Twp *Reno *Casey Rock Twp Population Group: Low IncÐReno Co *Clay (g) Sioux Twp *Republic Facility: FCI Manchester Wheeler Twp *Rooks *Clinton Sumner/Tripoli *Russell *Crittenden CountyÐBremer *Smith *Cumberland Parts: *Stevens Population Group: Low IncÐCumberland Dayton Twp *Wabaunsee Co Frederika Twp *Wallace *Edmonson Fremont Twp *Wichita *Elliott Le Roy Twp *Estill Sumner City PRIMARY MEDICAL CARE: Kansas Fayette Sumner #2 Twp Service Area Listing Population Group: Pov. Pop.ÐN. Central Lexington PRIMARY MEDICAL CARE: Iowa Service Area Name *Fleming Population Group Listing Ashland *Floyd CountyÐClark Service Area: Mud Creek Population Group Parts: *Gallatin MedicaidÐBlackhawk Co Center Twp *Garrard CountyÐBlack Hawk Englewood Twp Population Group: Med IndÐGarrard Co Parts: Sitka Twp *Grant Medicaid Eligible Elk/Chautauqua *Grayson MedicaidÐQuad-Cities (IA/IL) CountyÐChautauqua Population Group: Med IndÐGrayson Co CountyÐScott CountyÐElk *Green Parts: Population Group: Low IncÐGreen Co Medicaid Eligible PRIMARY MEDICAL CARE: Kansas *Hancock MedicaidÐSioux City Population Group Listing *Harlan CountyÐWoodbury Service Area: Cumberland Parts: Population Group Service Area: Pine Mountain C.T. 7±8 Low IncÐDouglas Co Service Area: Upper Clover C.T. 10 CountyÐDouglas Service Area: Western Harlan C.T. 12±16 Parts: Population Group: Med IndÐHarlan/ Low Income Evarts/Grays Knob PRIMARY MEDICAL CARE: Kansas Low IncÐLyon Co Facility: Clover Fork Clinic County Listing CountyÐLyon *Hart Parts: *Henry County Name Low Income *Hickman Chautauqua Low IncÐReno Co *Jackson Service Area: Elk/Chautauqua CountyÐReno Jefferson *Cherokee Parts: Service Area: West End (Louisville) *Cheyenne Low Income *Knott 51544 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Kentucky PRIMARY MEDICAL CARE: Kentucky PRIMARY MEDICAL CARE: Kentucky County Listing Service Area Listing Population Group Listing
County Name Service Area Name Population Group *Knox Cumberland Low IncÐCumberland Co *Laurel CountyÐHarlan CountyÐCumberland *Lee Parts: Parts: *Leslie Cumberland CCD Low Income *Letcher Jenkins/Mcroberts Low IncÐGreen Co Service Area: Jenkins/Mcroberts CountyÐLetcher CountyÐGreen Service Area: Western Letcher Parts: Parts: *Lewis Jenkins CCD Low Income *Lincoln Lebanon Junction Low IncÐMadison Co Service Area: Crab Orchard CountyÐBullitt CountyÐMadison *Livingston Parts: Parts: *Logan Lebanon Junction CCD Low Income Population Group: Med IndÐLogan Co Mud Creek Med IndÐBath Co *Lyon CountyÐFloyd CountyÐBath Madison Parts: Parts: Population Group: Low IncÐMadison Co McDowell CCD Medically Indigent *Magoffin Mud Creek CCD Med IndÐGarrard Co *McLean Wheelwright-Weeksbury CCD CountyÐGarrard *Meade CountyÐPike Parts: *Menifee Parts: Medically Indigent *Morgan Long Fork CCD Med IndÐGrayson Co Population Group: Med IndÐMorgan Co Phelps CountyÐGrayson Facility: Eastern Ky. Corr. Complex CountyÐPike Parts: *Muhlenberg Parts: Medically Indigent *Nicholas Feds Creek CCD *Ohio Phelps CCD Med IndÐHarlan/Evarts/Grays Knob Oldham Pine Mountain CountyÐHarlan Facility: Ky. State Ref. CountyÐHarlan Parts: *Owen Parts: Cawood Div *Owsley Pine Mountain CCD Harlan Div *Pendleton Upper Clover Poor Fork Div *Perry CountyÐHarlan Wallins Creek Div Service Area: Ary Parts: Med IndÐHazard Service Area: Buckhorn Upper Clover CCD CountyÐPerry Service Area: Western Letcher West End (Louisville) Parts: Population Group: Med IndÐHazard CountyÐJefferson Defiance-Vigor CCD *Pike Parts: Hazard CCD Service Area: Mud Creek C.T. 1±30 Krypton CCD Service Area: Phelps C.T. 32±35 Viper CCD *Powell Western Harlan Med IndÐLogan Co *Robertson CountyÐBell CountyÐLogan *Rockcastle Parts: Parts: *Spencer Tejay CCD Medically Indigent Population Group: Med IndÐSpencer Co CountyÐHarlan Med IndÐMorgan Co *Todd Parts: CountyÐMorgan *Trimble Alva CCD Parts: *Washington Western Letcher Medically Indigent Population Group: Med IndÐWashington CountyÐLetcher Med IndÐSpencer Co Co Parts: CountyÐSpencer *Wayne Blackey CCD Parts: Population Group: Med IndÐWayne Co CountyÐPerry Medically Indigent *Whitley Parts: Med IndÐWashington Co Service Area: Williamsburg/Saxton Daisy CCD CountyÐWashington *Wolfe Williamsburg/Saxton Parts: Population Group: Med IndÐWolfe Co CountyÐBell Medically Indigent Parts: Med IndÐWayne Co PRIMARY MEDICAL CARE: Kentucky Pruden-Fonde CCD CountyÐWayne Service Area Listing CountyÐWhitley Parts: Parts: Medically Indigent Service Area Name Pearl CCD Med IndÐWolfe Co Ary Saxton CCD CountyÐWolfe CountyÐPerry Siler CCD Parts: Parts: Williamsburg CCD Medically Indigent Dice CCD Pov PopÐInner City Newport Buckhorn PRIMARY MEDICAL CARE: Kentucky CountyÐCampbell CountyÐPerry Population Group Listing Parts: Parts: C.T. 501±506 Buckhorn CCD Population Group Pov. Pop.ÐN. Central Lexington Crab Orchard Low IncÐBreckinridge Co CountyÐFayette CountyÐLincoln CountyÐBreckinridge Parts: Parts: Parts: C.T. 1±5 Crab Orchard CCD Low Income C.T. 8±14 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51545
PRIMARY MEDICAL CARE: Kentucky PRIMARY MEDICAL CARE: Louisiana PRIMARY MEDICAL CARE: Louisiana Population Group Listing Parish Listing Population Group Listing
Population Group Parish Name Population Group C.T. 18±19 Ouachita Parts: C.T. 38.01 Population Group: Med IndÐOuachita Par C.T. 77±80 Plaquemines C.T. 81.01±81.02 PRIMARY MEDICAL CARE: Kentucky *Pointe Coupee C.T. 82±89 Facility Listing Rapides Low IncÐMorehouse Par Facility: Long Reg Med Ctr Outpt Clinic ParishÐMorehouse Facility Name *Richland Parts: Clover Fork Clinic *Sabine Low Income CountyÐHarlan St Charles Med IndÐClaiborne Par Eastern Ky. Corr. Complex *St Helena ParishÐClaiborne CountyÐMorgan St Landry Parts: FCI Ashland Population Group: Med IndÐSt. Landry Medically Indigent CountyÐBoyd Par Med IndÐOuachita Par FCI Manchester St Martin ParishÐOuachita CountyÐClay *St Mary Parts: Ky. State Ref. *Tangipahoa Medically Indigent CountyÐOldham Terrebonne Med IndÐSt. Landry Par Facility: So. Louisiana Med. Ctr. ParishÐSt Landry PRIMARY MEDICAL CARE: Louisiana *Union Parts: Parish Listing *Vermilion Medically Indigent *Washington Med IndÐWashington Par Parish Name Population Group: Med IndÐWashington ParishÐWashington Acadia Par Parts: *Allen Webster Medically Indigent Population Group: InmatesÐFdc Oakdale *West Carroll MedicaidÐIberia Par II *West Feliciana ParishÐIberia Facility: FCI Oakdale I *Winn Parts: Ascension Medicaid Eligible Service Area: Ascension/Northeast Iberville PRIMARY MEDICAL CARE: Louisiana MedicaidÐNatchitoches Co *Assumption Service Area Listing ParishÐNatchitoches *Avoyelles Parts: *Bienville Service Area Name Medicaid Eligible Caddo Ascension/Northeast Iberville Pov PopÐCentral Shreveport Population Group: Pov PopÐMlk Drive ParishÐAscension ParishÐCaddo Area ParishÐIberville Parts: Population Group: Pov PopÐCentral Parts: C.T. 201±202 Shreveport Ward 4±5 C.T. 204 Calcasieu Eden Park C.T. 206±213 Service Area: North Lake Charles ParishÐEast Baton Rouge C.T. 218±220 Facility: Moss Reg Med Ctr Outpt Clinic Parts: Pov PopÐMlk Drive Area *Caldwell C.T. 8±10 ParishÐCaddo *Cameron C.T. 12±16 Parts: *Catahoula C.T. 21±22 C.T. 246 *Claiborne C.T. 24±25 Population Group: Med IndÐClaiborne Par North Lake Charles PRIMARY MEDICAL CARE: Louisiana *Concordia ParishÐCalcasieu Facility Listing *De Soto Parts: East Baton Rouge C.T. 2±4 Facility Name Service Area: Eden Park C.T. 14±15 Ambul. ClinicÐLong Hosp. Facility: Ambul. ClinicÐLong Hosp. ParishÐEast Baton Rouge *East Carroll PRIMARY MEDICAL CARE: Louisiana FCI Oakdale I *East Feliciana Population Group Listing ParishÐAllen *Franklin Long Reg Med Ctr Outpt Clinic *Grant Population Group ParishÐRapides *Iberia InmatesÐFdc Oakdale II Moss Reg Med Ctr Outpt Clinic Population Group: MedicaidÐIberia Par ParishÐAllen ParishÐCalcasieu *Iberville Parts: So. Louisiana Med. Ctr. Service Area: Ascension/Northeast Iberville Fdc Oakdale II ParishÐTerrebonne Population Group: Low IncÐIberville Par Low IncÐIberville Par *Jackson ParishÐIberville PRIMARY MEDICAL CARE: Maine *Lasalle Parts: County Listing *Lincoln Dist. 1 Livingston Dist. 8 County Name *Madison Dist. 9 Androscoggin *Morehouse Dist. 10 Service Area: Jay/Livermore Falls Population Group: Low IncÐMorehouse Dist. 11 *Aroostook Par Dist. 12 Service Area: Ashland *Natchitoches Dist. 2 Service Area: Danforth Population Group: MedicaidÐNatchitoches Dist. 6 Service Area: Fort Kent Co Dist. 7 Service Area: Island Falls Orleans Low IncÐIrish Channel Service Area: St. Francis Population Group: Low IncÐIrish Channel ParishÐOrleans Service Area: Van Buren 51546 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Maine PRIMARY MEDICAL CARE: Maine PRIMARY MEDICAL CARE: Maine County Listing Service Area Listing Service Area Listing
County Name Service Area Name Service Area Name Cumberland Gilead Twn. St. Agatha Twn. Service Area: Casco Bay Islands Greenwood Twn. Wallagrass Plt. Service Area: Parsonfield (ME/NH) Newry Twn. Winterville Plt. Population Group: Med IndÐPortland North Oxford Unorg. Howland *Franklin Upton Twn. CountyÐPenobscot Service Area: Jay/Livermore Falls Woodstock Twn. Parts: Service Area: Rangeley Bingham Burlington Twn. Service Area: Rumford CountyÐPiscataquis E. Central Penobscot Unorg *Hancock Parts: Edinburg Twn. Population Group: Med IndÐBar Harbor Kingsbury Twn. Enfield Twn. Population Group: Med IndÐBlue Hill CountyÐSomerset Howland Twn. Pcaa #40 Parts: Lagrange Twn. *Kennebec Bingham Twn. Lowell Twn. Service Area: Jay/Livermore Falls Brighton Plt. Maxfield Twn. Service Area: Richmond Caratunk Twn. Passadumkeag Twn. *Knox Moscow Twn. Seboeis Plt. Population Group: Med IndÐBlue Hill N.E. Somerset Unorg. (S. Island Falls Pcaa #40 Pleasant Ridge Twn. CountyÐAroostook *Lincoln Solon Twn. Parts: Service Area: Richmond The Forks Twn. Crystal Town *Oxford West Forks Twn. Dyer Brook Town Service Area: Bethel Casco Bay Islands Hersey Town Service Area: Jay/Livermore Falls CountyÐCumberland Island Falls Town Service Area: Parsonfield (ME/NH) Parts: Moro Plt Service Area: Rangeley Cliff Is. S Aroostook Unorg Service Area: Rumford Cushing Is. Sherman Town Population Group: Med IndÐNorway Great Chebeague Is. CountyÐPenobscot Penobscot Great Diamond Is. Parts: Service Area: Danforth Little Chebeague Is. Mt Chase Town Service Area: Dexter Little Diamond Is. N Penobscot Unorg Service Area: Howland Long Is. Patten Town Service Area: Island Falls Peak's Is. Stacyville Town *Piscataquis Danforth Jackman Service Area: Bingham CountyÐAroostook CountyÐSomerset Service Area: Milo Parts: Parts: Population Group: Low IncÐSkowhegan Bancroft Twn. Dennistown Twn. *Sagadahoc Orient Twn. Jackman Twn. Service Area: Richmond Weston Twn. Moose River Twn. *Somerset CountyÐPenobscot Jay/Livermore Falls Service Area: Bingham Parts: CountyÐAndroscoggin Service Area: Dexter Drew Plt. Parts: Service Area: Jackman Kingman Unorg. Livermore Falls Twn. Population Group: Low IncÐSkowhegan Prentiss Plt. Livermore Twn. Waldo Whitney (Unorg.) CountyÐFranklin Population Group: Med IndÐBelfast CountyÐWashington Parts: *Washington Parts: Jay Twn. Service Area: Danforth Danforth CountyÐKennebec Service Area: Eastport Dexter Parts: Service Area: Jonesport CountyÐPenobscot Fayette Twn. Service Area: Topsfield Parts: CountyÐOxford Population Group: Med IndÐCalais Corinna Twn. Parts: Population Group: Med IndÐMilbridge Dexter Twn. Canton Twn. York Garland Twn. Hartford Twn. Service Area: Parsonfield (ME/NH) CountyÐSomerset Sumner Twn. Parts: Jonesport PRIMARY MEDICAL CARE: Maine Cambridge Twn. CountyÐWashington Service Area Listing Ripley Twn. Parts: Eastport Addison Twn. Service Area Name CountyÐWashington Beals Twn. Ashland Parts: Centerville Twn. CountyÐAroostook Eastport City Columbia Falls Twn. Parts: Passamaquoddy Pleasant Point Res Jonesboro Twn. Ashland Town Pembroke Twn. Jonesport Twn. Garfield Plt Perry Twn. Milo Masardis Town Fort Kent CountyÐPiscataquis Nashville Plt CountyÐAroostook Parts: Oxbow Plt Parts: Atkinson Twn. Portage Lake Town Eagle Lake Twn. Brownville Twn. Bethel Fort Kent Twn. Lake View Plnt CountyÐOxford Frenchville Twn. Medford Twn. Parts: Madawaska Twn. Milo Twn. Bethel Twn. New Canada Twn. N.E. Piscataquis Unorg. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51547
PRIMARY MEDICAL CARE: Maine PRIMARY MEDICAL CARE: Maine PRIMARY MEDICAL CARE: Maine Service Area Listing Service Area Listing Population Group Listing
Service Area Name Service Area Name Population Group S.E. Piscataquis Unorg. Topsfield Town Stonington Town Sebec Twn. Vanceboro Town Surry Town Parsonfield (ME/NH) Waite Town CountyÐKnox CountyÐCumberland Van Buren Parts: Parts: CountyÐAroostook Isle Au Haut Town Baldwin Town Parts: Med IndÐCalais CountyÐOxford Grand Isle Town CountyÐWashington Parts: Hamlin Town Parts: Hiram Town Van Buren Town Alexander Town Porter Town Baileyville Town CountyÐYork PRIMARY MEDICAL CARE: Maine Baring Town Parts: Population Group Listing Calais City Cornish Town Charlotte Town Limerick Town Population Group Cooper Town Parsonsfield Town Low IncÐSkowhegan Crawford Town Rangeley CountyÐPiscataquis Meddybemps Town CountyÐFranklin Parts: Plantation #21 Parts: Wellington Town Princeton Town Coplin Plt. CountyÐSomerset Robbinston Town Dallas Plt. Parts: Med IndÐMilbridge Eustis Twn. Anson Town CountyÐWashington Madrid Twn. Athens Town Parts: N. Franklin Unorg. Canaan Town Beddington Town Rangeley Plt. Cornville Town Cherryfield Town Rangeley Twn. Embden Town Columbia Town Sandy River Plt. Harmony Town Deblois Town CountyÐOxford Highland Plantation Harrington Town Parts: Madison Town Milbridge Town Lincoln Plt. Mercer Town Steuben Town Magalloway Plt. New Portland Town Med IndÐNorway Oxford Unorg. Norridgewock Town CountyÐOxford Richmond Skowhegan Town Parts: CountyÐKennebec Smithfield Town Buckfield Town Parts: Starks Town Hebron Town Litchfield Town Med IndÐBar Harbor Norway Town CountyÐLincoln CountyÐHancock Otisfield Town Parts: Parts: Oxford Town Dresden Town Bar Harbor Town Paris Town CountyÐSagadahoc Cranberry Isles Town Waterford Town Parts: Frenchboro Town West Paris Town Bowdoinham Town Mount Desert Isle Town Med IndÐPortland Richmond Town Southwest Harbor Town CountyÐCumberland Rumford Swans Island Town Parts: CountyÐFranklin Tremont Town C.T. 1±3 Parts: Med IndÐBelfast C.T. 3.99±4.00 Carthage Twn. CountyÐWaldo C.T. 5±6 Weld Twn. Parts: C.T. 9±10 CountyÐOxford Belfast City C.T. 12±14 Parts: Belmont Town Andover Twn. Brooks Town PRIMARY MEDICAL CARE: Maryland Byron Twn. Jackson Town County Listing Dixfield Twn. Knox Town Hanover Twn. Liberty Town County Name Mexico Twn. Monroe Town Allegany Milton Unorg. Montville Town Service Area: Hancock (MD/PA/WV) Peru Twn. Morrill Town Anne Arundel Roxbury Twn. Northport Town Service Area: Owensville Rumford Twn. Searsmont Town Baltimore City (Indep) St. Francis Searsport Town Service Area: North Central Baltimore CountyÐAroostook Stockton Springs Service Area: O'Donnell Heights Parts: Swanville Town Service Area: Orleans Square Allagash Twn. Waldo Town Service Area: West Baltimore St. Francis Twn. Med IndÐBlue Hill Pcaa #40 Population Group: MedicaidÐSouth Balti- St. John Plt. CountyÐHancock more City Topsfield Parts: Facility: HomelessÐBaltimore City CountyÐWashington Blue Hill Town *Caroline Parts: Brooklin Town Population Group: MedicaidÐCaroline Co Codyville Plt Brooksville Town Cecil Grand Lake Stream Plt Castine Town Population Group: MedicaidÐCecil Co N Washington Unorg Deer Isle Town *Dorchester Passamaquoddy Indian Res Penobscot Town Population Group: MedicaidÐDorchester Talmadge Town Sedgwick Town Co 51548 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Maryland PRIMARY MEDICAL CARE: Maryland PRIMARY MEDICAL CARE: Massachusetts County Listing Population Group Listing County Listing
County Name Population Group County Name *Kent Dist. 4 (Newark) *Franklin Population Group: MedicaidÐKent Co Dist. 5 (St. Martin) Service Area: Athol-Orange Queen Annes Dist. 10 (Ocean City) Service Area: Mohawk Population Group: MedicaidÐCentreville/ MedicaidÐCaroline Co Hampden Queenstown CountyÐCaroline Service Area: Gateway Regional Dist *Somerset Parts: Population Group: Hispanic PopÐHolyoke Population Group: MedicaidÐSomerset Co Medicaid Eligible Population Group: Low IncÐSpringfield Washington MedicaidÐCecil Co Hampshire Service Area: Hancock (MD/PA/WV) CountyÐCecil Service Area: Gateway Regional Dist *Wicomico Parts: Service Area: Hampshire Regional Dist Population Group: MedicaidÐWicomico Co Medicaid Eligible Middlesex *Worcester MedicaidÐCentreville/Queenstown Service Area: Community Health Network Population Group: MedicaidÐBerlin/Ocean CountyÐQueen Annes Area #16 City Parts: Population Group: Low IncÐSomerville Population Group: MedicaidÐSnow Hill/ Dist. 1 (Dixon) Plymouth Pocomoke Dist. 2 (Church Hill) Service Area: Hull Dist. 3 (Centreville) Suffolk PRIMARY MEDICAL CARE: Maryland Dist. 5 (Queenstown) Service Area: Community Health Network Service Area Listing Dist. 6 (Ruthsburg) Area #16 Dist. 7 (Crumpton) Service Area: N. Dorchester Service Area Name MedicaidÐDorchester Co Service Area: Roxbury Hancock (MD/PA/WV) CountyÐDorchester Service Area: S. Dorchester CountyÐAllegany Parts: Population Group: Low IncÐBrighton/ Parts: Medicaid Eligible Allston Dist. 1 (Orleans) MedicaidÐKent Co Worcester CountyÐWashington CountyÐKent Service Area: Athol-Orange Parts: Parts: Population Group: Low IncÐWorcester Dist. 15 (Indian Spring) Medicaid Eligible MedicaidÐSnow Hill/Pocomoke Dist. 5 (Hancock) PRIMARY MEDICAL CARE: Massachusetts North Central Baltimore CountyÐWorcester Service Area Listing CountyÐBaltimore City (Indep) Parts: Parts: Dist. 1 (Pocomoke) Service Area Name C.T. 805 Dist. 2 (Snow Hill) Athol-Orange C.T. 901±909 Dist. 7 (Atkinsons) CountyÐFranklin C.T. 1204 Dist. 8 (Stockton) Parts: O'Donnell Heights MedicaidÐSomerset Co Erving Town CountyÐBaltimore City (Indep) CountyÐSomerset New Salem Town Parts: Parts: Orange Town C.T. 2606.04 Medicaid Eligible Warwick Town Orleans Square MedicaidÐSouth Baltimore City Wendell Town CountyÐBaltimore City (Indep) CountyÐBaltimore City (Indep) CountyÐWorcester Parts: Parts: Parts: C.T. 103 C.T. 2101.01 Athol Town C.T. 105 C.T. 2102.01 Petersham Town C.T. 201±202 C.T. 2301±2303 Phillipston Town C.T. 601±603 C.T. 2401 Royalston Town C.T. 2404 C.T. 701±704 Community Health Network Area #16 C.T. 2502.03±2502.05 C.T. 802 CountyÐMiddlesex C.T. 2502.07 C.T. 803.01±803.02 Parts: C.T. 2503.01±2503.03 C.T. 804 Everett City C.T. 2504.01±2504.02 Malden City C.T. 806±808 C.T. 2505±2506 CountyÐSuffolk Owensville MedicaidÐWicomico Co Parts: CountyÐAnne Arundel CountyÐWicomico Chelsea City Parts: Parts: Revere City C.T. 7012±7014 Medicaid Eligible C.T. 7070 Winthrop Town Gateway Regional Dist C.T. 7080.98 PRIMARY MEDICAL CARE: Maryland West Baltimore Facility Listing CountyÐHampden CountyÐBaltimore City (Indep) Parts: Parts: Facility Name Blandford Town C.T. 1801±1803 HomelessÐBaltimore City Chester Town C.T. 1901±1903 CountyÐBaltimore City (Indep) Montgomery Town C.T. 2001±2005 Russell Town PRIMARY MEDICAL CARE: Massachusetts CountyÐHampshire PRIMARY MEDICAL CARE: Maryland County Listing Parts: Population Group Listing Huntington Town County Name Middlefield Town Population Group Essex Worthington Town MedicaidÐBerlin/Ocean City Service Area: North Lawrence Hampshire Regional Dist CountyÐWorcester Service Area: South Lynn CountyÐHampshire Parts: Population Group: Low IncÐSalem/East Parts: Dist. 3 (Berlin) Peabody Chesterfield Town Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51549
PRIMARY MEDICAL CARE: Massachusetts PRIMARY MEDICAL CARE: Massachusetts PRIMARY MEDICAL CARE: Michigan Service Area Listing Population Group Listing County Listing
Service Area Name Population Group County Name Cummington Town Low IncÐSomerville Crawford Goshen Town CountyÐMiddlesex Service Area: Grayling/Roscommon Plainfield Town Parts: *Delta Westhampton Town C.T. 3501±3515 Service Area: Gwinn Williamsburg Town Low IncÐSpringfield *Dickinson Hull CountyÐHampden Population Group: Low IncÐDickinson Co CountyÐPlymouth Parts: Genesee Parts: C.T. 8001 Service Area: Otter Lake Hull Town C.T. 8002.01±8002.02 Population Group: Low IncÐFlint Mohawk C.T. 8003±8010 *Gladwin CountyÐFranklin C.T. 8011.01±8011.02 *Gogebic Parts: C.T. 8012±8013 Service Area: Ewen Ashfield Twn. C.T. 8014.01±8014.02 Service Area: Ironwood/Hurley (MI/WI) Buckland Twn. C.T. 8015.01±8015.03 *Grand Traverse Charlemont Twn. C.T. 8016.01±8016.05 Service Area: Buckley/Fife Lake Colrain Twn. C.T. 8017±8025 *Hillsdale Conway Twn. C.T. 8026.01±8026.02 *Huron Hawley Twn Low IncÐWorcester Service Area: Pigeon Heath Twn. CountyÐWorcester Service Area: Port Austin Rowe Twn. Parts: Population Group: Low IncÐHarbor Shelburne Twn. C.T. 7301±7303 Beach/Bad Axe N. Dorchester C.T. 7304.01±7304.02 *Ionia CountyÐSuffolk C.T. 7305±7307 Population Group: Low Inc/MFWÐIonia Co Parts: C.T. 7308.01±7308.02 *Iosco C.T. 901±924 C.T. 7309.01±7309.02 Service Area: Hale/Whittemore/Prescott North Lawrence C.T. 7310 Iron CountyÐEssex C.T. 7311.01±7311.02 Service Area: Iron River/Crystal Falls Parts: C.T. 7312.01±7312.02 *Isabella C.T. 2501±2516 C.T. 7313±7319 Population Group: MedicaidÐIsabella Co Roxbury C.T. 7320.01±7320.02 Jackson CountyÐSuffolk C.T. 7321 Population Group: Low IncÐNe Jackson Parts: C.T. 7322.01±7322.03 City C.T. 801±809 C.T. 7323±7328 Facility: State Prs.ÐSouth Michigan C.T. 811±821 C.T. 7329.01±7329.02 Kalamazoo S. Dorchester C.T. 7330 Population Group: Low IncÐN Kalamazoo CountyÐSuffolk C.T. 7331.01±7331.02 City Parts: *Kalkaska C.T. 1001±1005 PRIMARY MEDICAL CARE: Michigan Service Area: Grayling/Roscommon C.T. 1006.01±1006.02 County Listing Service Area: Mancelona C.T. 1007±1009 Kent C.T. 1010.01±1010.02 County Name Service Area: Sparta/Kent City/Cedar C.T. 1011.01±1011.02 *Alcona Springs South Lynn Allegan Population Group: Low IncÐGrand Rapids CountyÐEssex Service Area: Allegan *Keweenaw Parts: Service Area: South Haven/Bangor *Lake C.T. 2055±2072 *Antrim Lapeer Service Area: Mancelona Service Area: Brown City PRIMARY MEDICAL CARE: Massachusetts Population Group: Low IncÐEast Jordan Service Area: Marlette/Kingston Population Group Listing Arenac Service Area: Otter Lake Service Area: Sterling/Standish *Leelanau Population Group Bay Service Area: Northport/Suttons Bay Hispanic PopÐHolyoke Service Area: Sterling/Standish *Lenawee CountyÐHampden Berrien Service Area: Morenci Parts: Population Group: Low IncÐSouth Berrien *Luce City of Holyoke Co Population Group: MedicaidÐLuce Co Low IncÐBrighton/Allston Population Group: Low IncÐNorth Berrien *Marquette CountyÐSuffolk Co Service Area: Gwinn Parts: *Branch Service Area: Western Marquette C.T. 1 Population Group: Low IncÐBranch Co Facility: Marquette Branch Prs C.T. 2.01±2.02 Calhoun *Mecosta C.T. 3 Population Group: MedicaidÐCalhoun Co *Menominee C.T. 4.01±4.02 *Cass Service Area: E. Marinette/S. C.T. 5.01±5.02 Service Area: Dowagiac Menominee(MI/WI) C.T. 6.01±6.02 Service Area: Three Rivers Service Area: Northern Menominee C.T. 7.01±7.02 *Charlevoix *Missaukee C.T. 8.01±8.02 Service Area: Beaver Island Service Area: Grayling/Roscommon Low IncÐSalem/East Peabody Population Group: Low IncÐEast Jordan Service Area: Houghton Lake CountyÐEssex *Chippewa Service Area: Marion Parts: Facility: Chippewa Cty Corr Inst Monroe C.T. 2041±2046 *Clare Service Area: Carlton C.T. 2047.01±2047.02 Service Area: Harrison Population Group: Medicaid Pop.ÐSouth C.T. 2104±2109 Service Area: Marion Monroe 51550 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Michigan PRIMARY MEDICAL CARE: Michigan PRIMARY MEDICAL CARE: Michigan County Listing Service Area Listing Service Area Listing
County Name Service Area Name Service Area Name *Montcalm Parts: Penn Twp. Service Area: Northern Montcalm C.T. 5037 Pokagon Twp Population Group: Low IncÐSouthern C.T. 5039±5048 Silver Creek Twp. Montcalm C.T. 5052±5053 Volinia Twp. *Montmorency C.T. 5107±5109 Wayne Twp. Muskegon Allegan CountyÐVan Buren Service Area: Sparta/Kent City/Cedar CountyÐAllegan Parts: Springs Parts: Decatur Twp. Population Group: Low IncÐMuskegon Allegan City Hamilton Twp. City Allegan Twp. Keeler Twp. Population Group: Low IncÐNorthern Mus- Cheshire Twp. Porter Twp. kegon Co Clyde Twp. E. Marinette/S. Menominee(MI/WI) *Newaygo Dorr Twp. CountyÐMenominee Population Group: Low IncÐNewaygo Co Hopkins Twp. Parts: Oakland Lee Twp. Ingallston Twp. Population Group: Low IncÐPontiac Leighton Twp. Mellen Twp. *Oceana Martin Twp. Menominee City *Ogemaw Monterey Twp. Menominee Twp. Service Area: Hale/Whittemore/Prescott Salem Twp. East Side Saginaw Service Area: Rose City/Lupton Trowbridge Twp. CountyÐSaginaw Service Area: West Branch Valley Twp. Parts: *Ontonagon Watson Twp. C.T. 1±11 Service Area: Ewen Wayland City C.T. 110 *Osceola Wayland Twp. Eastside Detroit Service Area: Marion Beaver Island CountyÐWayne *Oscoda CountyÐCharlevoix Parts: Ottawa Parts: C.T. 5121±5124 Service Area: Sparta/Kent City/Cedar Peaine Twp. C.T. 5126 Springs St. James Twp. C.T. 5129 *Presque Isle Brown City C.T. 5132±5136 *Roscommon CountyÐLapeer C.T. 5139±5143 Service Area: Grayling/Roscommon Parts: C.T. 5145±5157 Service Area: Houghton Lake Burnside Twp. Ewen Saginaw CountyÐSanilac CountyÐGogebic Service Area: East Side Saginaw Parts: Parts: *Sanilac Brown City Marenisco Twp Service Area: Brown City Elk Twp. Watersmeet Twp Service Area: Marlette/Kingston Flynn Twp. CountyÐOntonagon Population Group: Low IncÐDeckerville/ Maple Valley Twp. Parts: Sandusky Speaker Twp. Bergland Twp *St Joseph Buckley/Fife Lake Haight Twp Service Area: Three Rivers CountyÐGrand Traverse Interior Twp *Tuscola Parts: Matchwood Twp Service Area: Marlette/Kingston Fife Lake Twp McMillan Twp Service Area: Otter Lake Grant Twp Rockland Twp Service Area: Pigeon Mayfield Twp Stannard Twp Van Buren Paradise Twp Grayling/Roscommon Service Area: Dowagiac CountyÐWexford CountyÐKalkaska Service Area: South Haven/Bangor Parts: Parts: Wayne Greenwood Twp Bear Lake Twp. Service Area: Airport/Conner (N.E. Detroit) Hanover Twp Garfield Twp. Service Area: Chene (S. Central Detroit) Liberty Twp CountyÐMissaukee Service Area: Eastside Detroit Wexford Twp Parts: Service Area: Hamtramck Carlton Norwich Twp. Service Area: Highland Park CountyÐMonroe CountyÐRoscommon Service Area: Mackenzie/Brooks Parts: Parts: Service Area: Nolan/State Fair/Davison/ Ash Twp. Au Sable Twp Pershing Exeter Twp. Gerrish Twp. Service Area: Outer Drive/Van Dyke London Twp. Higgins Twp. Service Area: Southwest Detroit Chene (S. Central Detroit) Lyon Twp. Service Area: Tireman/Chadsey CountyÐWayne Gwinn Facility: Michigan Hospital & Medical Cen- Parts: CountyÐDelta ters C.T. 5111 Parts: *Wexford C.T. 5161±5162 Maple Ridge Twp Service Area: Buckley/Fife Lake C.T. 5177±5179 CountyÐMarquette C.T. 5183±5188 Parts: PRIMARY MEDICAL CARE: Michigan Dowagiac Ewing Twp Service Area Listing CountyÐCass Forsyth Twp Parts: Turin Twp Service Area Name Dowagiac City Wells Twp Airport/Conner (N.E. Detroit) La Grange Twp Hale/Whittemore/Prescott CountyÐWayne Marcellus Twp. CountyÐIosco Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51551
PRIMARY MEDICAL CARE: Michigan PRIMARY MEDICAL CARE: Michigan PRIMARY MEDICAL CARE: Michigan Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name Parts: Helena Twp. Maple Valley Twp Burleigh Twp Kearney Twp. Pierson Twp Grant Twp Mancelona Twp. Pine Twp Plainfield Twp Star Twp. Reynolds Twp Reno Twp CountyÐKalkaska Winfield Twp Sherman Twp Parts: Northport/Suttons Bay Whittemore City Blue Lake Twp. CountyÐLeelanau CountyÐOgemaw Cold Springs Twp. Parts: Parts: Rapid River Twp. Centerville Twp. Logan Twp Marion Cleveland Twp. Richland Twp CountyÐClare Kasson Twp. Hamtramck Parts: Leelanau Twp. CountyÐWayne Redding Twp. Leland Twp. Parts: Winterfield Twp. Solon Twp. C.T. 5520±5526 CountyÐMissaukee Suttons Bay Twp. Harrison Parts: Otter Lake CountyÐClare Clam Union Twp. CountyÐGenesee Parts: Riverside Twp. Parts: Arthur Twp. CountyÐOsceola Forest Twp Franklin Twp. Parts: CountyÐLapeer Freeman Twp. Hartwick Twp. Parts: Frost Twp. Highland Twp. Deerfield Twp Greenwood Twp. Marion Twp. Marathon Twp Hamilton Twp. Middle Branch Twp. Rich Twp Harrison City Marlette/Kingston CountyÐTuscola Hatton Twp. CountyÐLapeer Parts: Hayes Twp. Parts: Arbela Twp Lincoln Twp. Burlington Twp. Millington Twp Summerfield Twp. CountyÐSanilac Watertown Twp Highland Park Parts: Outer Drive/Van Dyke CountyÐWayne La Motte Twp. CountyÐWayne Parts: Marlette Twp. Parts: C.T. 5530±5537 CountyÐTuscola C.T. 5035±5036 Houghton Lake Parts: C.T. 5049±5051 CountyÐMissaukee Dayton Twp. C.T. 5061±5063 Parts: Fremont Twp Pigeon Butterfield Twp. Kingston Twp. CountyÐHuron Enterprise Twp. Koylton Twp. Parts: Holland Twp. Morenci Brookfield Twp. CountyÐRoscommon CountyÐLenawee Caseville Twp. Parts: Parts: Fairhaven Twp. Denton Twp. Fairfield Twp McKinley Twp. Lake Twp. Medina Twp Sebewaing Twp. Markey Twp. Morenci City Winsor Twp. Roscommon Twp. Seneca Twp CountyÐTuscola Iron River/Crystal Falls Nolan/State Fair/Davison/Pershing Parts: CountyÐIron CountyÐWayne Columbia Twp. Ironwood/Hurley (MI/WI) Parts: Port Austin CountyÐGogebic C.T. 5064±5080 CountyÐHuron Parts: C.T. 5102±5106 Parts: Bessemer City Northern Menominee Dwight Twp. Bessemer Twp CountyÐMenominee Gore Twp. Erwin Twp Parts: Hume Twp. Ironwood City Cedarville Twp Huron Twp. Ironwood Twp Daggett Twp Lake Twp. Wakefield City Faithorn Twp Pointe Aux Barques Twp. Wakefield Twp Gourley Twp Port Austin Twp. Mackenzie/Brooks Harris Twp Rose City/Lupton CountyÐWayne Holmes Twp CountyÐOgemaw Parts: Lake Twp Parts: C.T. 5341±5344 Meyer Twp Cumming Twp C.T. 5347 Nadeau Twp Goodar Twp C.T. 5350±5355 Spalding Twp Hill Twp C.T. 5363±5368 Stephenson City Rose City C.T. 5370±5373 Stephenson Twp Rose Twp C.T. 5378 Northern Montcalm South Haven/Bangor C.T. 5451±5454 CountyÐMontcalm CountyÐAllegan Mancelona Parts: Parts: CountyÐAntrim Belvidere Twp Casco Twp. Parts: Cato Twp Ganges Twp. Chestonia Twp. Day Twp CountyÐVan Buren Custer Twp. Douglass Twp Parts: 51552 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Michigan PRIMARY MEDICAL CARE: Michigan PRIMARY MEDICAL CARE: Michigan Service Area Listing Service Area Listing Population Group Listing
Service Area Name Service Area Name Population Group Arlington Twp. Klacking Twp C.T. 14±15 Bangor City Mills Twp C.T. 17±29 Bangor Twp. Ogemaw Twp C.T. 103.02 Columbia Twp. West Branch City C.T. 103.04 Covert Twp. West Branch Twp C.T. 122.02 Geneva Twp. Western Marquette Low IncÐGrand Rapids Lawrence Twp. CountyÐMarquette CountyÐKent South Haven City Parts: Parts: South Haven Twp. Champion Twp. C.T. 1±10 Southwest Detroit Humboldt Twp. C.T. 11.01±11.02 CountyÐWayne Michigamme Twp. C.T. 12±46 Parts: Republic Twp. C.T. 116 C.T. 5208±5209 C.T. 118.01±118.02 C.T. 5211±5214 PRIMARY MEDICAL CARE: Michigan C.T. 126.01±126.02 C.T. 5231±5238 Population Group Listing Low IncÐHarbor Beach/Bad Axe C.T. 5240±5243 CountyÐHuron C.T. 5245 Population Group Parts: C.T. 5247±5248 Low IncÐBranch Co Bad Axe City Sparta/Kent City/Cedar Springs CountyÐBranch Bingham Twp CountyÐKent Parts: Bloomfield Twp Parts: Low Income Chandler Twp Cedar Springs City Low IncÐDeckerville/Sandusky Colfax Twp Nelson Twp. CountyÐSanilac Grant Twp Solon Twp. Parts: Harbor Beach City Sparta Twp. Argyle Twp Lincoln Twp Tyrone Twp. Austin Twp Meade Twp CountyÐMuskegon Bridgehampton Twp Oliver Twp Parts: Custer Twp Paris Twp Casnovia Twp. Delaware Twp Rubicon Twp CountyÐOttawa Elmer Twp Sand Beach Twp Parts: Evergreen Twp Sheridan Twp Chester Twp. Forester Twp Sherman Twp Sterling/Standish Greenleaf Twp Sigel Twp CountyÐBay Marion Twp Verona Twp Parts: Minden Twp Low IncÐMuskegon City Gibson Twp Moore Twp CountyÐMuskegon Mount Forest Twp Sandusky City Parts: Pinconning City Sanilac Twp C.T. 1±5 Pinconning Twp Watertown Twp C.T. 6.01±6.02 Three Rivers Wheatland Twp C.T. 7±8 CountyÐCass Low IncÐDickinson Co C.T. 11±13 Parts: CountyÐDickinson C.T. 14.01±14.02 Newberg Twp Parts: C.T. 19.02 Porter Twp Low Income C.T. 21 CountyÐSt Joseph Low IncÐEast Jordan C.T. 26.01 Parts: CountyÐAntrim Low IncÐN Kalamazoo City Colon Twp Parts: CountyÐKalamazoo Constantine Twp Banks Twp Parts: Fabius Twp Central Lake Twp C.T. 1 Florence Twp Echo Twp C.T. 2.01±2.02 Flowerfield Twp Forest Home Twp C.T. 3 Leonidas Twp Jordan Twp C.T. 4.02 Lockport Twp Torch Lake Twp C.T. 5±6 Mendon Twp Warner Twp C.T. 8.01±8.02 Nottawa Twp CountyÐCharlevoix C.T. 9±10 Park Twp Parts: Low IncÐNe Jackson City Three Rivers City Boyne City City CountyÐJackson Tireman/Chadsey Boyne Valley Twp Parts: CountyÐWayne Chandler Twp C.T. 1±4 Parts: East Jordan City C.T. 6±7 C.T. 5221±5222 Evangeline Twp C.T. 10±13 C.T. 5251±5258 Eveline Twp Low IncÐNewaygo Co C.T. 5260±5265 Hudson Twp CountyÐNewaygo C.T. 5335±5337 Marion Twp Parts: C.T. 5345±5346 Melrose Twp Low Income West Branch Norwood Twp Low IncÐNorth Berrien Co CountyÐOgemaw South Arm Twp CountyÐBerrien Parts: Wilson Twp Parts: Churchill Twp Low IncÐFlint Bainbridge Twp Edwards Twp CountyÐGenesee Benton Charter Twp Foster Twp Parts: Benton Harbor City Horton Twp C.T. 1±11 Coloma City Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51553
PRIMARY MEDICAL CARE: Michigan PRIMARY MEDICAL CARE: Michigan PRIMARY MEDICAL CARE: Minnesota Population Group Listing Population Group Listing County Listing
Population Group Population Group County Name Coloma Twp Parts: Service Area: Tracy Hagar Twp Medicaid Eligible Service Area: Tyler/Lake Benton Pipestone Twp MedicaidÐLuce Co *Marshall Sodus Twp CountyÐLuce Service Area: Greenbush/Middle River Watervliet Twp Parts: Service Area: Hallock Watervliet City Medicaid Eligible Service Area: Karlstad Low IncÐNorthern Muskegon Co Medicaid Pop.ÐSouth Monroe *Martin CountyÐMuskegon CountyÐMonroe Service Area: St. James/Butterfield Parts: Parts: *Mille Lacs Blue Lake Twp Bedford Twp. Service Area: Mille Lacs Cedar Creek Twp Erie Twp. *Morrison Dalton Twp Ida Twp. Service Area: Albany Fruitland Twp La Salle Twp. Service Area: Mille Lacs Holton Twp Luna Pier City *Murray Montague Twp Summerfield Twp. *Pipestone Montague City Whiteford Twp. Service Area: Pipestone White River Twp Service Area: Tyler/Lake Benton White Hall City PRIMARY MEDICAL CARE: Michigan Ramsey Whitehall Twp Facility Listing Service Area: Summit-Dale Low IncÐPontiac Population Group: Am InÐSt. Paul CountyÐOakland Facility Name Population Group: Span SpÐSt. Paul City Parts: Alger Max Fac *Redwood C.T. 1410 Chippewa Cty Corr Inst Service Area: Tracy C.T. 1412±1418 CountyÐChippewa *Rock C.T. 1420±1427 Marquette Branch Prs Service Area: Pipestone Low IncÐSouth Berrien Co CountyÐMarquette *Roseau CountyÐBerrien Michigan Hospital & Medical Centers Service Area: Greenbush/Middle River Parts: CountyÐWayne St Louis Baroda Twp State Prs.ÐSouth Michigan Service Area: Cook/Orr Berrien Twp CountyÐJackson Service Area: Floodwood Bertrand Twp Population Group: InmatesÐFPC Duluth Bridgman City PRIMARY MEDICAL CARE: Minnesota Stearns Buchanan City County Listing Service Area: Albany Buchanan Twp *Stevens Chickaming Twp County Name Service Area: Graceville Galien Twp *Aitkin *Traverse Lake Charter Twp Service Area: Floodwood Service Area: Graceville New Buffalo Twp Service Area: Mille Lacs *Wabasha New Buffalo City *Beltrami Service Area: Plainview Niles City Service Area: Northome/Blackduck *Watonwan Niles Twp *Big Stone Service Area: St. James/Butterfield Oronoko Twp Service Area: Graceville *Wilkin Three Oaks Twp *Brown Service Area: Barnesville Weesaw Twp Service Area: St. James/Butterfield *Winona Low IncÐSouthern Montcalm *Cass Service Area: Plainview CountyÐMontcalm Clay Parts: Service Area: Barnesville PRIMARY MEDICAL CARE: Minnesota Bloomer Twp *Cook Service Area Listing Bushnell Twp Service Area: Silver Bay Carson City City *Crow Wing Service Area Name Crystal Twp Service Area: Mille Lacs Albany Eureka Twp Hennepin CountyÐMorrison Evergreen Twp Service Area: Near NorthÐMinneapolis Parts: Fairplain Twp Population Group: Am InÐHennepin Co Elmdale City Ferris Twp Population Group: Low IncÐN Minneapolis Elmdale Twp Greenville City *Itasca Upsala City Home Twp Service Area: Northome/Blackduck CountyÐStearns Montcalm Twp *Kanabec Parts: Richland Twp Service Area: Mille Lacs Albany City Sidney Twp *Kittson Albany Twp Stanton City Service Area: Hallock Avon City Low Inc/MFWÐIonia Co Service Area: Karlstad Avon Twp CountyÐIonia *Koochiching Holdingford City Parts: Service Area: Northome/Blackduck Holding Twp Low Income *Lac Qui Parle Krain Twp MFW Population Group: Low IncÐCity of St. Anthony City MedicaidÐCalhoun Co Wausau Barnesville CountyÐCalhoun *Lake CountyÐClay Parts: Service Area: Silver Bay Parts: Medicaid Eligible *Lincoln Alliance Twp MedicaidÐIsabella Co Service Area: Tyler/Lake Benton Barnesville City CountyÐIsabella *Lyon Barnesville Twp 51554 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Minnesota PRIMARY MEDICAL CARE: Minnesota PRIMARY MEDICAL CARE: Minnesota Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name Comstock City Graceville City St. Vincent Twp. Elkton Twp Graceville Twp. St. Vincent City Holy Cross Twp Malta Twp. Svea Twp. Humboldt Twp Moonshine Twp. Tegner Twp. Parke Twp Prior Twp. Teien Twp. Skree Twp Toqua Twp. Thompson Twp. Tansem Twp CountyÐStevens CountyÐMarshall CountyÐWilkin Parts: Parts: Parts: Baker Twp. Donnelly Twp. Atherton Twp Chokio City Eagle Point Twp. Deerhorn Twp Everglade Twp. Karlstad Manston Twp Stevens Twp. CountyÐKittson Mitchell Twp CountyÐTraverse Parts: Prairie View Twp Parts: Arveson Twp Rothsay City Arthur Twp. Deerwood Twp Tanberg Twp Folsom Twp. Halma City Wolverton Twp Leonardsville Twp. Jupiter Twp Cook/Orr Parnell Twp. Karlstad City CountyÐSt Louis Tara Twp. Norway Twp Parts: Greenbush/Middle River Pelan Twp Alango Twp CountyÐMarshall Spring Brook Twp Angora Twp Parts: CountyÐMarshall Beatty Twp Cedar Twp. Parts: Cook City Como Twp. Augsberg Twp Field Twp East Park Twp. Lincoln Twp Gheen Unorg. Huntly Twp. Nelson Park Twp Lake Vermillion Unorg. Linsell Twp. Strandquist City Leiding Twp Middle River City West Valley Twp Linden Grove Twp Moose River Twp. Wright Twp Morcom Twp New Maine Twp. Mille Lacs Northeast St. Louis Unorg Rollis Twp. CountyÐAitkin Northwest St. Louis Unorg Spruce Valley Twp. Parts: Orr City Thief Lake Twp. Hazelton Twp. Owens Twp Veldt Twp. Idun Twp. Portage Twp Whiteford Twp. Jewett Twp. Sturgeon Twp CountyÐRoseau Lakeside Twp. Willow Valley Twp Parts: Malmo Twp. Floodwood Barto Twp. McGrath City CountyÐAitkin Deer Twp. Seavey Twp Parts: Dewey Twp. Wealthwood Twp. Ball Bluff Twp Greenbush City Williams Twp. Balsam Twp Hereim Twp. CountyÐCrow Wing Cornish Twp Lind Twp. Parts: Northeast Aitkin Unorg Polonia Twp. Garrison City Turner Twp Strathcona City Garrison Twp. CountyÐSt Louis Hallock Roosevelt Twp. Parts: CountyÐKittson CountyÐKanabec Arrowhead Twp Parts: Parts: Cedar Valley Twp Cannon Twp. Ford Twp. Cotton Twp Caribou Twp. Hay Brook Twp. Elmer Twp Clow Twp. Hillman Twp. Fine Lakes Twp Davis Twp. CountyÐMille Lacs Floodwood City Donaldson City Parts: Floodwood Twp East Kittson Unorg. Bradbury Twp. Halden Twp Granville Twp. Dailey Twp Kelsey Twp Hallock Twp. East Side Twp. Meadowlands Twp Hallock City Isle City Meadowlands City Hampden Twp. Isle Harbor Twp. Ness Twp Hazelton Twp. Kathio Twp. Northland Twp Hill Twp. Lewis Twp. Payne Twp Humboldt City Mudgett Twp. Potshot Lake Unorg Kennedy City Onamia City Prairie Lake Twp Lake Bronson City Onamia Twp. Toivola Twp Lancaster City South Harbor Twp. Van Buren Twp McKinley Twp. Wahkon City Graceville North Red River Twp. CountyÐMorrison CountyÐBig Stone Percy Twp. Parts: Parts: Poppleton Twp. Hillman City Almond Twp. Richardville Twp. Leigh Twp. Barry City Skane Twp. Mount Morris Twp. Browns Valley Twp. South Red River Twp. Richardson Twp. Clinton City St. Joseph Twp. Near NorthÐMinneapolis Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51555
PRIMARY MEDICAL CARE: Minnesota PRIMARY MEDICAL CARE: Minnesota PRIMARY MEDICAL CARE: Minnesota Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name CountyÐHennepin Elgin Twp. CountyÐLincoln Parts: Highland Twp. Parts: C.T. 20±23 Millville City Arco City C.T. 27±29 Oakwood Twp. Diamond Lake Twp. C.T. 32±35 Plainview City Hope Twp. C.T. 41±42 Plainview Twp. Lake Benton City Northome/Blackduck Watopa Twp. Lake Benton Twp. CountyÐBeltrami CountyÐWinona Lake Stay Twp. Parts: Parts: Marshfield Twp. Battle Twp. Whitewater Twp. Tyler City Blackduck City Silver Bay CountyÐLyon Cormant Twp. CountyÐLake Parts: Durand Twp. Parts: Coon Creek Twp. Funkley City Beaver Bay City Florence City Hagali Twp. Beaver Bay Twp. Shelburne Twp. Hines Twp. Crystal Bay Twp. CountyÐPipestone Hornet Twp. Lake No. 1 Twp. Parts: Kelliher City Silver Bay City Aetna Twp. Kelliher Twp. St. James/Butterfield Fountain Prairie Twp. Langor Twp. CountyÐBrown Ruthton City Nebish Twp. Parts: O'Brian Twp. Albin Twp. PRIMARY MEDICAL CARE: Minnesota Quiring Twp. Mulligan Twp. Population Group Listing Shooks Twp. CountyÐMartin Shotley Brook Unorg. Parts: Population Group Shotley Twp. Cedar Twp. Am InÐHennepin Co Summit Twp. Galena Twp. CountyÐHennepin Waskish Twp. Trimont City Parts: Woodrow Twp. Waverly Twp. American Indian CountyÐItasca CountyÐWatonwan Am InÐSt. Paul Parts: Parts: CountyÐRamsey Alvwood Twp. Adrian Twp. Parts: Ardenhurst Twp. Butterfield City American IndianÐSt. Paul Moose Park Twp. Butterfield Twp. InmatesÐFPC Duluth Nore Twp. Darfur City CountyÐSt Louis Third River Twp. La Salle City Parts: CountyÐKoochiching Long Lake Twp. FPC Duluth Parts: Nelson Twp. Low IncÐCity Of Wausau Mizpah City Odin City CountyÐLac Qui Parle N.W. Koochiching Unorg. Odin Twp. Parts: Northome City Ormsby City C.T. 1±2 Northome Unorg. Riverdale Twp. C.T. 4±5 Pipestone Rosendale Twp. C.T. 6.01±6.02 CountyÐPipestone South Branch Twp. C.T. 7 Parts: St. James City Low IncÐN Minneapolis Burke Twp St. James Twp. CountyÐHennepin Eden Twp Summit-Dale Parts: Edgerton City CountyÐRamsey C.T. 7±10 Elmer Twp Parts: C.T. 13±16 Grange Twp C.T. 324±327 Span SpÐSt. Paul City Gray Twp C.T. 335±340 CountyÐRamsey Hatfield City C.T. 354±355 Parts: Holland City Tracy Spanish SpeakingÐSt. Paul Ihlen City CountyÐLyon Jasper City Parts: PRIMARY MEDICAL CARE: Mississippi Osborne Twp Amiret Twp. County Listing Pipestone City Balaton City Rock Twp Custer Twp. County Name Sweet Twp Garvin City *Adams Trosky City Monroe Twp. Service Area: North Natchez Troy Twp Rock Lake Twp. Amite Woodstock City Sodus Twp. Service Area: Centreville/Liberty CountyÐRock Tracy City *Benton Parts: CountyÐRedwood *Bolivar Battle Plain Twp Parts: Population Group: Med IndÐBolivar/Sun- Denver Twp Gales Twp. flower Hardwick City Johnsonville Twp. *Calhoun Rose Dell Twp North Hero Twp. *Carroll Plainview Revere City *Chickasaw CountyÐWabasha Springdale Twp. *Choctaw Parts: Walnut Grove City *Claiborne Elgin City Tyler/Lake Benton *Clarke 51556 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Mississippi PRIMARY MEDICAL CARE: Mississippi PRIMARY MEDICAL CARE: Mississippi County Listing County Listing Population Group Listing
County Name County Name Population Group *Clay *Wayne Med IndÐCoahoma Co *Coahoma *Webster CountyÐCoahoma Population Group: Med IndÐCoahoma Co Wilkinson Parts: *Copiah Service Area: Centreville/Liberty Medically Indigent *Covington *Winston Med IndÐHarrison Co De Soto *Yalobusha CountyÐHarrison Service Area: Hernando *Yazoo Parts: Forrest Medically Indigent Service Area: East Leaf River PRIMARY MEDICAL CARE: Mississippi Med IndÐLauderdale Co *Franklin Service Area Listing CountyÐLauderdale *George Parts: *Greene Service Area Name Medically Indigent Hancock Centreville/Liberty Pov PopÐJackson Co Harrison CountyÐWilkinson CountyÐJackson Population Group: Med IndÐHarrison Co East Leaf River Parts: Hinds CountyÐForrest Pov Pop Service Area: Jackson Inner-City Parts: Pov PopÐRed Bay/Vina/Belmont (AL/MS) Service Area: South West Rural Hinds C.T. 1 CountyÐTishomingo *Holmes C.T. 4±6 Parts: *Humphreys C.T. 105 Dist. 4 Issaquena Hernando Dist. 5 Service Area: Issaquena/Sharkey CountyÐDe Soto *Itawamba Parts: PRIMARY MEDICAL CARE: Mississippi Jackson C.T. 709±712 Facility Listing Population Group: Pov PopÐJackson Co Issaquena/Sharkey *Jasper CountyÐIssaquena Facility Name *Jefferson CountyÐSharkey Mississippi State Pen. *Jefferson Davis Jackson Inner-City CountyÐSunflower *Jones CountyÐHinds *Kemper Parts: PRIMARY MEDICAL CARE: Missouri Lamar C.T. 5±12 County Listing Service Area: Lumberton/Purvis C.T. 17±29 *Lauderdale C.T. 31±32 County Name Population Group: Med IndÐLauderdale C.T. 102.01 Andrew Co C.T. 102.03 Service Area: Savannah *Lawrence C.T. 103.01 *Atchison *Leake C.T. 108.01 *Barton *Leflore C.T. 109.02 *Bates Madison Lumberton/Purvis Service Area: Appleton *Marion CountyÐLamar *Benton *Marshall Parts: *Bollinger *Monroe C.T. 204±206 *Carroll *Montgomery North Natchez *Carter *Neshoba CountyÐAdams Cass *Newton Parts: *Cedar *Noxubee C.T. 2±4 *Chariton *Panola Pelahatchie±Puckett *Clark *Pearl River CountyÐRankin Clay *Prentiss Parts: Population Group: MedicaidÐClay Co *Quitman C.T. 201 *Cooper Rankin C.T. 209 *Crawford Service Area: Pelahatchie-Puckett South West Rural Hinds *Dade *Scott CountyÐHinds *Dallas Sharkey Parts: *Daviess Service Area: Issaquena/Sharkey C.T. 105±107 *De Kalb *Smith C.T. 112±113 *Dent *Stone *Douglas *Sunflower PRIMARY MEDICAL CARE: Mississippi *Gentry Population Group: Med IndÐBolivar/Sun- Population Group Listing Greene flower Service Area: Ash Grove Facility: Mississippi State Pen. Population Group Population Group: Pov PopÐNorth Spring- *Tallahatchie Low IncÐWarren Co field *Tate CountyÐWarren *Grundy *Tippah Parts: *Harrison *Tishomingo Low Income *Henry Population Group: Pov PopÐRed Bay/ Med IndÐBolivar/Sunflower Service Area: Appleton Vina/Belmont (AL/MS) CountyÐBolivar *Hickory *Tunica Parts: *Holt *Walthall Medically Indigent *Howard *Warren CountyÐSunflower Jackson Population Group: Low IncÐWarren Co Parts: Population Group: Low IncÐEastern Jack- *Washington Med. Ind. Pop. son Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51557
PRIMARY MEDICAL CARE: Missouri PRIMARY MEDICAL CARE: Missouri PRIMARY MEDICAL CARE: Missouri County Listing Service Area Listing Population Group Listing
County Name Service Area Name Population Group Population Group: Pov PopÐNorth Kansas Appleton Twp CountyÐSt Louis City (Indep) City Monegaw Twp Parts: Jefferson Taber Twp C.T. 1085 Service Area: Hillsboro/De Soto Ash Grove C.T. 1096±1097 *Johnson CountyÐGreene C.T. 1202±1203 *Knox Parts: C.T. 1213±1214 *Laclede Boone No. 1 Twp C.T. 1222 *Lewis Boone No. 2 Twp C.T. 1255±1257 Lincoln Cass Twp C.T. 1266±1267 *Maries Walnut Grove Twp Pov PopÐNorth Kansas City *McDonald Hillsboro/De Soto CountyÐJackson *Mercer CountyÐJefferson Parts: *Mississippi Parts: C.T. 2±4 *Montgomery Big River Twp C.T. 5.01 *New Madrid Central Twp C.T. 6±27 Population Group: MedicaidÐNew Madrid/ Plattin Twp C.T. 28.01±28.02 Sikeston Valle Twp C.T. 29±34 *Oregon Savannah C.T. 35.01±35.02 *Osage CountyÐAndrew C.T. 36.01±36.02 *Ozark Parts: C.T. 37±45 *Perry Benton Twp C.T. 59.01 *Pike Clay Twp Pov PopÐNorth Springfield *Pulaski Empire Twp CountyÐGreene Ray Jackson Twp Parts: *Reynolds Lincoln Twp C.T. 1±2 *Ripley Nodaway Twp C.T. 5±9 *Schuyler Platte Twp C.T. 17 *Scotland Rochester Twp C.T. 18.01±18.02 *Scott Ste Genevieve C.T. 19±21 Population Group: MedicaidÐNew Madrid/ CountyÐSte Genevieve C.T. 31 Sikeston Parts: C.T. 32.01±32.02 *Shannon Beauvais Twp C.T. 33 *St Clair Jackson Twp Pov PopÐNorth St Louis Service Area: Appleton Ste Genevieve Twp CountyÐSt Louis St Louis Parts: Population Group: Pov PopÐWest St PRIMARY MEDICAL CARE: Missouri C.T. 2139±2140 Louis Population Group Listing CountyÐSt Louis City (Indep) Population Group: Pov PopÐNorth St Parts: Louis Population Group C.T. 1061±1067 St Louis City (Indep) Low IncÐEastern Jackson C.T. 1071±1075 Population Group: Pov PopÐWest St CountyÐJackson Pov PopÐSoutheast St Louis Louis Parts: CountyÐSt Louis City (Indep) Population Group: Pov PopÐGrace Hill/ C.T. 112±113 Parts: Cochran C.T. 114.01 C.T. 1018 Population Group: Pov PopÐNorth St C.T. 114.03±114.04 C.T. 1156±1157 Louis C.T. 115±116 C.T. 1164±1165 Population Group: Pov PopÐSoutheast St C.T. 122±124 C.T. 1172±1174 Louis C.T. 134.04 C.T. 1181 *Ste Genevieve C.T. 135±136 C.T. 1185 Service Area: Ste Genevieve C.T. 137.01±137.04 C.T. 1221 *Stoddard C.T. 138±140 C.T. 1224 *Stone C.T. 141.01 C.T. 1231±1234 *Texas C.T. 141.03±141.06 C.T. 1241±1243 *Washington C.T. 142.01±142.02 C.T. 1246 *Wayne C.T. 143 Pov PopÐWest St Louis Webster C.T. 145 CountyÐSt Louis C.T. 146.01±146.02 Parts: PRIMARY MEDICAL CARE: Missouri C.T. 147 C.T. 2159±2161 Service Area Listing C.T. 148.01±148.02 CountyÐSt Louis City (Indep) C.T. 149±151 Parts: Service Area Name MedicaidÐClay Co C.T. 1051.98 Appleton CountyÐClay C.T. 1052±1055 CountyÐBates Parts: C.T. 1121 Parts: Medicaid Eligible Hudson Twp MedicaidÐNew Madrid/Sikeston PRIMARY MEDICAL CARE: Montana Rockville Twp CountyÐNew Madrid County Listing CountyÐHenry Parts: Parts: Medicaid Eligible County Name Bear Creek Twp CountyÐScott *Blaine Deepwater Twp Parts: *Carter CountyÐSt Clair Medicaid Eligible *Chouteau Parts: Pov PopÐGrace Hill/Cochran Service Area: Big Sandy 51558 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Montana PRIMARY MEDICAL CARE: Montana PRIMARY MEDICAL CARE: Montana County Listing Service Area Listing Facility Listing
County Name Service Area Name Facility Name Service Area: Fort Benton Parts: Montana State Prs CountyÐPowell *Custer Rocky Boy CCD Service Area: Baker (MT/ND) Choteau *Daniels PRIMARY MEDICAL CARE: Nebraska CountyÐLewis And Clark County Listing Fallon Parts: Service Area: Baker (MT/ND) Augusta CCD County Name *Gallatin CountyÐTeton Antelope Service Area: Ennis/W. Yellowstone Parts: Service Area: Antelope *Garfield Arthur *Glacier Choteau CCD Service Area: Mullen *Hill Fairfield CCD Boone Service Area: Big Sandy Culbertson Service Area: Albion *Lewis And Clark CountyÐRichland Brown Service Area: Choteau Parts: Service Area: North Central *Lincoln Fairview CCD (W.2/3) *Burt Service Area: Eureka CountyÐRoosevelt Service Area: Onawa (IA/NE) Service Area: Troy Parts: Cass *Madison East Roosevelt CCD Cedar Service Area: Ennis/W. Yellowstone CountyÐSheridan Service Area: Cedar/Dixon *McCone Parts: *Cherry *Musselshell Medicine Lake CCD Service Area: Mullen *Park Ennis/W. Yellowstone Service Area: Valentine Service Area: Gardiner/Yellowstone (MT/ CountyÐGallatin *Custer WY) Parts: *Phillips Service Area: Arnold *Pondera West Yellowstone CCD Service Area: Burwell/Ord *Powder River CountyÐMadison *Dawes *Powell Parts: Service Area: Crawford Facility: Montana State Prs Harrison CCD Deuel *Prairie Madison Valley CCD Service Area: Julesburg (CO/NB) *Richland Virginia City CCD *Dixon Service Area: Culbertson Eureka Service Area: Cedar/Dixon *Roosevelt CountyÐLincoln Service Area: Wayne/Wakefield Douglas Service Area: Culbertson Parts: Population Group: MedicaidÐNE/SE Service Area: Poplar/Wolf Point Eureka CCD Omaha Rosebud Forsyth/Colstrip Service Area: Forsyth/Colstrip *Dundy CountyÐTreasure *Franklin *Sanders Fort Benton *Sheridan Service Area: Franklin CountyÐChouteau Service Area: Culbertson Frontier *Silver Bow Parts: Service Area: McCook Population Group: Med IndÐSilver Bow Fort Benton CCD Garfield Co Geraldine CCD Service Area: Burwell/Ord *Sweet Grass Gardiner/Yellowstone (MT/WY) Grant *Teton CountyÐPark Service Area: Mullen Service Area: Choteau Parts: *Greeley Treasure Gardiner-Cooke CCD Service Area: Albion Service Area: Forsyth/Colstrip CountyÐYellowstone Park Service Area: Howard/St Paul *Valley Parts: *Harlan Population Group: Low IndÐValley Co Yellowstone Nat'l Park CCD Hayes *Wibaux Poplar/Wolf Point Service Area: Hayes/Hitchcock Service Area: Baker (MT/ND) CountyÐRoosevelt Hitchcock Service Area: Hayes/Hitchcock *Yellowstone Park Parts: Hooker Service Area: Gardiner/Yellowstone (MT/ Fort Peck Res. CCD WY) Service Area: Mullen Troy Howard CountyÐLincoln Service Area: Howard/St Paul PRIMARY MEDICAL CARE: Montana Parts: Service Area Listing *Johnson Troy CCD *Kearney Service Area Name Keya Paha Baker (MT/ND) PRIMARY MEDICAL CARE: Montana Service Area: North Central CountyÐCuster Population Group Listing *Kimball Parts: *Knox Shirley-Ismay CCD Population Group Lancaster CountyÐWibaux Low IndÐValley Co Facility: Lancaster Dept Of Corr Parts: CountyÐValley *Lincoln Pine Hills-St. Phil. CCD Parts: Service Area: Arnold Big Sandy Low Income *Logan CountyÐChouteau Med IndÐSilver Bow Co Service Area: Arnold Parts: CountyÐSilver Bow Service Area: Mullen Big Sandy CCD Parts: Loup CountyÐHill Medically Indigent Service Area: Burwell/Ord Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51559
PRIMARY MEDICAL CARE: Nebraska PRIMARY MEDICAL CARE: Nebraska PRIMARY MEDICAL CARE: Nebraska County Listing Service Area Listing Service Area Listing
County Name Service Area Name Service Area Name *Madison CountyÐLogan CountyÐLogan Service Area: Albion Parts: Parts: Service Area: Antelope Gandy Prec Stapleton No. 1 Prec *Merrick Logan Prec CountyÐArthur *Morrill Stapleton No. 2 Prec CountyÐGrant *Nance Burwell/Ord CountyÐHooker *Platte CountyÐCuster CountyÐThomas Service Area: Albion Parts: North Central Red Willow Comstock Prec CountyÐRock Service Area: McCook Corner Prec Onawa (IA/NE) Rock Douglas Grove Prec CountyÐBurt Service Area: North Central Sargent Prec Parts: *Saunders Spring Creek Prec Decatur Twp Service Area: Wahoo West Union Prec Quinnebaugh Twp *Scotts Bluff CountyÐWheeler Riverside Twp Population Group: MedicaidÐScotts Bluff Cedar/Dixon Silver Creek Twp *Sheridan CountyÐDixon Valentine *Sherman Parts: CountyÐCherry Sioux Clark Twp Parts: Service Area: Crawford Concord Twp Barley Prec *Stanton Daily Twp Cleveland Prec *Thayer Galena Twp Cody Prec Thomas Hooker Twp Crookston Prec Service Area: Mullen Newcastle Twp Gillaspie Prec *Thurston Otter Creek Twp Goose Creek Prec Population Group: Winnebago Indian Res Ponca City Kennedy Prec Valley Ponca Twp Kilgore Prec Service Area: Burwell/Ord Silver Creek Twp Merriman Prec Wayne Spring Bank Twp Nenzel Prec Service Area: Wayne/Wakefield Crawford Russell Prec *Webster CountyÐDawes Valentine City Wheeler Parts: Valentine Prec Service Area: Burwell/Ord Leonard Prec (No. 7) Wood Lake Prec N Crawford Prec (No. 11) Wahoo PRIMARY MEDICAL CARE: Nebraska S Crawford Prec (No. 10) CountyÐSaunders Service Area Listing Whitney Prec (No. 9) Parts: CountyÐSioux Ashland Twp Service Area Name Franklin Center Twp Albion CountyÐFranklin Chapman Twp CountyÐGreeley Parts: Chester Twp Parts: Antelope Twp Clear Creek Twp Spalding Prec Bloomington Twp Douglas Twp CountyÐMadison Franklin City Elk Twp Parts: Grant Twp Green Twp Newman Grove City Macon Twp Marble Twp Shell Creek Prec Marion Twp Marietta Twp CountyÐPlatte N Franklin Twp Mariposa Twp Parts: Salem Twp Newman Twp St Bernard Twp Washington Twp Oak Creek Twp Walker Twp Hayes/Hitchcock Richland Twp Antelope CountyÐHitchcock Rock Creek Twp CountyÐMadison Howard/St Paul South Cedar Twp Parts: CountyÐGreeley Stocking Twp Jefferson Prec Parts: Union Twp Tilden City Greeley Prec Wahoo City Arnold Scotia Prec Wahoo Twp CountyÐCuster Wolbach No. 2 Prec Wayne/Wakefield Parts: Wolbach No. 1 Prec CountyÐDixon Arnold Twp CountyÐHoward Parts: Cliff Twp Julesburg (CO/NB) Emerson Twp Custer Twp CountyÐDeuel Logan Twp Delight Twp McCook Wakefield Twp Elim Twp CountyÐRed Willow CountyÐWayne Grant Twp Mullen Hayes Twp CountyÐCherry PRIMARY MEDICAL CARE: Nebraska Triumph Twp Parts: Population Group Listing Wayne Twp Calf Creek Prec Wood River Twp King Prec Population Group CountyÐLincoln Lackey Prec MedicaidÐNE/SE OMAha Parts: Loup Prec CountyÐDouglas Antelope Prec Mother Lake Prec Parts: Garfield Prec Wells Prec C.T. 3 51560 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Nebraska PRIMARY MEDICAL CARE: Nevada PRIMARY MEDICAL CARE: Nevada Population Group Listing Service Area Listing Service Area Listing
Population Group Service Area Name Service Area Name C.T. 6±12 Baker CountyÐClark CountyÐWhite Pine C.T. 13.01±13.02 Parts: Parts: C.T. 14±16 C.T. 57 Baker CCD C.T. 18±19 Smith/Yerington C.T. 39±41 Beatty CountyÐNye CountyÐLyon C.T. 51±54 Parts: C.T. 59.01±59.02 Parts: Amargosa Valley CCD Smith CCD C.T. 60 Yerington Twp C.T. 61.01±61.02 Beatty CCD Tonopah/Esmeralda MedicaidÐScotts Bluff Central/N Central Las Vegas CountyÐScotts Bluff CountyÐClark CountyÐEsmerelda Parts: Parts: Parts: Medicaid Eligible C.T. 3.01±3.02 Goldfield CCD Winnebago Indian Res C.T. 4 CountyÐNye CountyÐThurston C.T. 5.02±5.04 Parts: Parts: C.T. 6±9 Ralston CCD Omaha Indian Res C.T. 11 Tonopah CCD Winnebago Indian Res. C.T. 35 Topaz Lake C.T. 36.02 CountyÐDouglas C.T. 37±38 PRIMARY MEDICAL CARE: Nebraska Parts: C.T. 39.97±39.98 Facility Listing Pine Nut CCD C.T. 40 Topaz Lake CCD Facility Name C.T. 43±46 Cherry Creek Virgin Valley Lancaster Dept Of Corr CountyÐClark CountyÐLancaster CountyÐWhite Pine Parts: Parts: C.T. 56.02±56.03 PRIMARY MEDICAL CARE: Nevada Cherry Creek CCD County Listing Coaldale/Silverpeak Wadsworth CountyÐEsmerelda CountyÐWashoe County Name Parts: Parts: Carson City (Indep) Silverpeak CCD Wadsworth Twp Facility: Nv St Corr Fac (North) Dayton/Fernley/Silver Springs Clark CountyÐLyon PRIMARY MEDICAL CARE: Nevada Service Area: Central/N Central Las Vegas Parts: Population Group Listing Service Area: Moapa Valley Dayton CCD Service Area: Searchlight/Davis Dam Fernley CCD Population Group Service Area: Virgin Valley Silver Springs CCD Med IndÐReno/Sparks Facility: Nv St Corr Fac (South) Duckwater/Lund CountyÐWashoe *Douglas CountyÐNye Parts: Service Area: Topaz Lake Parts: C.T. 1±4 *Elko Duckwater CCD C.T. 7 *Esmerelda CountyÐWhite Pine C.T. 9 Service Area: Coaldale/Silverpeak Parts: C.T. 10.03±10.05 Service Area: Tonopah/Esmeralda Lund CCD C.T. 11.01±11.03 *Eureka Gabbs C.T. 12±15 *Humboldt CountyÐNye C.T. 17±19 *Lander Parts: C.T. 21.01±21.02 *Lincoln Gabbs CCD C.T. 22.03±22.05 *Lyon Gerlach C.T. 24.01±24.02 Service Area: Dayton/Fernley/Silver CountyÐWashoe C.T. 25 Springs Parts: C.T. 26.01 Service Area: Smith/Yerington Gerlach CCD C.T. 26.03±26.04 *Mineral Incline Village Nye CountyÐWashoe C.T. 27.02 Service Area: Beatty Parts: C.T. 28 Service Area: Duckwater/Lund Incline Village CCD C.T. 29.01±29.02 Service Area: Gabbs Indian Springs C.T. 30 Service Area: Pahrump Moapa Valley C.T. 31.01 Service Area: Round Mountain CountyÐClark C.T. 31.03 Service Area: Tonopah/Esmeralda Parts: C.T. 31.05±31.06 *Pershing C.T. 59 C.T. 33.01 *Storey Pahrump Washoe CountyÐNye PRIMARY MEDICAL CARE: Nevada Service Area: Gerlach Parts: Facility Listing Service Area: Incline Village Crystal Twp Service Area: Wadsworth Pahrump CCD Facility Name Population Group: Med IndÐReno/Sparks Yucca Flat CCD Nv St Corr Fac (East) *White Pine Round Mountain CountyÐWhite Pine Service Area: Baker CountyÐNye Nv St Corr Fac (North) Service Area: Cherry Creek Parts: CountyÐCarson City (Indep) Service Area: Duckwater/Lund Round Mountain CCD Nv St Corr Fac (South) Facility: Nv St Corr Fac (East) Searchlight/Davis Dam CountyÐClark Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51561
PRIMARY MEDICAL CARE: New Hampshire PRIMARY MEDICAL CARE: New Hampshire PRIMARY MEDICAL CARE: New Jersey County Listing Service Area Listing County Listing
County Name Service Area Name County Name *Carroll Fremont Twn. Passaic Service Area: Parsonfield (ME/NH) Nottingham Twn. Service Area: Downtown Paterson *Coos Raymond Twn. Service Area: Northside Paterson Service Area: Upper Connecticut Valley Upper Connecticut Valley (NH/VT) Salem (NH/VT) CountyÐCoos Population Group: Low IncÐCumberland/ Population Group: Low IncÐBerlin Parts: Olivet *Grafton Clarksville Town Population Group: Med Ind/MFWÐWest Service Area: Baker River Valley Colebrook Town Salem Co Service Area: Haverhill/Wells River (NH/ Columbia Town Sussex VT) Dixville Town Service Area: South Sussex Hillsborough Errol Town Union Service Area: Central Manchester Millsfield Twp Population Group: Low IncÐE Elizabeth Service Area: Hillsboro/Weare Pittsburg Town Warren Merrimack Stewartstown Town Population Group: Low IncÐS Warren Co Service Area: Hillsboro/Weare Wentworth Location Rockingham PRIMARY MEDICAL CARE: New Jersey Service Area: Raymond PRIMARY MEDICAL CARE: New Hampshire Service Area Listing Strafford Population Group Listing Population Group: Low IncÐStrafford Co Service Area Name *Sullivan Population Group Airport/Port Newark Service Area: Hillsboro/Weare Low IncÐBerlin CountyÐEssex CountyÐCoos Parts: PRIMARY MEDICAL CARE: New Hampshire Parts: C.T. 74 Service Area Listing Berlin City C.T. 75.01±75.02 Cambridge Twp C.T. 98 Service Area Name Dummer Town Atlantic CityÐNorthside/Inlet Baker River Valley Gorham Town CountyÐAtlantic CountyÐGrafton Jefferson Town Parts: Parts: Kilkenny Twp C.T. 11±19 Rumney Twn. Milan Town C.T. 24±25 Warren Twn. Randolph Town City Of Asbury Park Wentworth Twn. Shelburne Town CountyÐMonmouth Central Manchester Stark Town Parts: CountyÐHillsborough Success Twp C.T. 8070.02±8070.04 Parts: Low IncÐStrafford Co C.T. 8071 C.T. 4±5 CountyÐStrafford C.T. 8072.97±8072.98 C.T. 13±16 Parts: C.T. 8073 C.T. 19±20 Low Income Downtown Paterson Haverhill/Wells River (NH/VT) CountyÐPassaic CountyÐGrafton PRIMARY MEDICAL CARE: New Jersey Parts: Parts: County Listing C.T. 1811±1815 Bath Twn. C.T. 1816.01±1816.02 Benton Twn. County Name C.T. 1817.01±1817.02 Haverhill Twn. Atlantic C.T. 1818 Landaff Twn. Service Area: Atlantic CityÐNorthside/Inlet C.T. 1820 Lisbon Twn. Population Group: Low IncÐWest Atlantic C.T. 1822±1823 Monroe Twn. Camden C.T. 1829 Piermont Twn. Population Group: Med IndÐCamden East Orange City Hillsboro/Weare Cumberland CountyÐEssex CountyÐHillsborough Population Group: Low IncÐCumberland/ Parts: Parts: Olivet East Orange City Antrim Twn. Facility: FCI Fairton Jersey City Deering Twn. Essex CountyÐHudson Hillsborough Twn. Service Area: Airport/Port Newark Parts: Weare Twn. Service Area: East Orange City C.T. 1±8 Windsor Twn. Service Area: Vailsburg C.T. 9.01±9.02 CountyÐMerrimack Population Group: Pov PopÐIrvington C.T. 10±11 Parts: Hudson C.T. 12.01±12.02 Henniker Twn. Service Area: Jersey City C.T. 13±15 CountyÐSullivan Mercer C.T. 16.01±16.02 Parts: Population Group: MedicaidÐTrenton City C.T. 17±40 Washington Twn. Middlesex C.T. 41.01±41.02 Parsonfield (ME/NH) Population Group: Low IncÐPerth Amboy C.T. 42±56 CountyÐCarroll Population Group: Low IncÐNew Bruns- C.T. 58.01±58.02 Parts: wick C.T. 59±63 Effingham Town Monmouth Northside Paterson Freedom Town Service Area: City Of Asbury Park CountyÐPassaic Raymond Service Area: Western Red Bank Parts: CountyÐRockingham Population Group: Low IncÐCentral Long C.T. 1802±1809 Parts: Branch South Sussex Deerfield Twn. Ocean CountyÐSussex Epping Twn. Population Group: Low IncÐLakewood Parts: 51562 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: New Jersey PRIMARY MEDICAL CARE: New Jersey PRIMARY MEDICAL CARE: New Mexico Service Area Listing Population Group Listing County Listing
Service Area Name Population Group County Name Andover Twp Lopatcong Twp Population Group: Med IndÐChaves Co Andover Boro Oxford Twp *Cibola Branchville Boro Phillipsburg Town *Curry Byram Twp Pohatcong Twp *De Baca Frankford Twp Washington Boro Dona Ana Franklin Boro Washington Twp Service Area: Hatch Fredon Twp White Twp Service Area: Southern Dona Ana Green Twp Low IncÐWest Atlantic Facility: Southern N.M. Corr. Fac. Hamburg Boro CountyÐAtlantic *Eddy Hampton Twp Parts: Population Group: Med IndÐEddy Co Hardyston Twp C.T. 104.01±104.03 *Grant Hopatcong Boro C.T. 105.01 Service Area: Cliff/Gila Lafayette Twp C.T. 105.03±105.04 *Guadalupe Newton Town C.T. 106±111 *Harding Ogdensburg Boro C.T. 112.01±112.02 *Hidalgo Sparta Twp C.T. 113 *Lea Stanhope Boro C.T. 114.01±114.02 Service Area: Jal/Eunice Stillwater Twp C.T. 115±116 Service Area: Northern Lea Sussex Boro C.T. 117.01±117.02 *Lincoln Vernon Twp C.T. 118.05 Service Area: Carrizozo Wantage Twp C.T. 119±122 Service Area: Corona Vailsburg Med IndÐCamden *Luna CountyÐEssex CountyÐCamden *McKinley Parts: Parts: *Mora C.T. 19±25 C.T. 6001±6020 *Otero Western Red Bank Med Ind/MFWÐWest Salem Co Service Area: Cloudcroft CountyÐMonmouth CountyÐSalem *Rio Arriba Parts: Parts: Service Area: Coyote C.T. 8034 Alloway Twp Service Area: Penasco/Truchas/Embudo Carneys Point Twp Service Area: Rio Chama PRIMARY MEDICAL CARE: New Jersey Elmer Boro Service Area: Tierra Amarilla Population Group Listing Elsinboro Twp Service Area: Western Rio Arriba Lower Alloways Creek Twp *Roosevelt Population Group Mannington Twp Population Group: Med IndÐRoosevelt Co Low IncÐCentral Long Branch Oldmans Twp *San Juan CountyÐMonmouth Penns Grove Boro Population Group: Am InÐSan Juan Co Parts: Pennsville Twp *San Miguel C.T. 8055±8056 Pilesgrove Twp Service Area: Pecos/Villanueva C.T. 8058.01±8058.02 Quinton Twp Sandoval Low IncÐCumberland/Olivet Salem City Service Area: Cuba CountyÐCumberland Upper Pittsgrove Twp Service Area: Southern Sandoval Parts: Woodstown Boro Santa Fe Low Income MedicaidÐTrenton City Service Area: Santa Fe/La Familia CountyÐSalem CountyÐMercer Population Group: Low IncÐCerrillos/Ma- Parts: Parts: drid Pittsgrove Twp C.T. 1±17 *Sierra Low IncÐE Elizabeth C.T. 19±24 *Socorro CountyÐUnion Pov PopÐIrvington Service Area: Claunch Parts: CountyÐEssex Service Area: Magdalena C.T. 302±307 Parts: *Taos C.T. 308.01±308.02 C.T. 119 Service Area: Penasco/Truchas/Embudo C.T. 309±314 C.T. 121±126 Service Area: Questo/Arroyo Hondo Low IncÐLakewood C.T. 128±133 Service Area: Tres Piedras CountyÐOcean *Torrance Parts: PRIMARY MEDICAL CARE: New Jersey *Union Lakewood Twp Facility Listing Low IncÐNew Brunswick PRIMARY MEDICAL CARE: New Mexico CountyÐMiddlesex Facility Name Service Area Listing Parts: FCI Fairton C.T. 52±59 CountyÐCumberland Service Area Name Low IncÐPerth Amboy Carrizozo CountyÐMiddlesex PRIMARY MEDICAL CARE: New Mexico CountyÐLincoln Parts: County Listing Parts: C.T. 40±50 Carrizozo CCD Low IncÐS Warren Co County Name Claunch CountyÐWarren Bernalillo CountyÐSocorro Parts: Service Area: North Valley Parts: Alpha Boro Service Area: Southwest Valley Claunch CCD Belvidere Town Population Group: Low Inc/HmlssÐAlbu- Cliff/Gila Franklin Twp querque Central CountyÐGrant Greenwich Twp *Catron Parts: Harmony Twp *Chaves E.D. 801 (Pinos Altos CCD) Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51563
PRIMARY MEDICAL CARE: New Mexico PRIMARY MEDICAL CARE: New Mexico PRIMARY MEDICAL CARE: New Mexico Service Area Listing Service Area Listing Facility Listing
Service Area Name Service Area Name Facility Name E.D. 803 (Tyrone CCD) C.T. 3 Southern N.M. Corr. Fac. CountyÐDona Ana E.D. 805±806 (Tyrone CCD) C.T. 7±9 Cloudcroft C.T. 10.02 CountyÐOtero PRIMARY MEDICAL CARE: New York C.T. 12 County Listing Parts: Southern Dona Ana S.E. Otero CCD CountyÐDona Ana County Name Corona Parts: Albany CountyÐLincoln Anthony CCD Service Area: Northeast Albany Parts: South Dona Ana CCD Service Area: Westerlo-Rensselaerville Corona CCD *Allegany Coyote Southern Sandoval Service Area: Arcade CountyÐRio Arriba CountyÐSandoval Service Area: Letchworth Parts: Parts: Service Area: Wellsville Coyote CCD C.T. 103±104 Bronx Cuba C.T. 105.01±105.02 Service Area: High Bridge CountyÐSandoval Southwest Valley Service Area: Hunts Point Parts: CountyÐBernalillo Service Area: Morris Heights Cuba CCD Parts: Service Area: Morrisania Jemez CCD C.T. 23 Service Area: Mott Haven/Point Morris Hatch C.T. 24.01±24.02 Service Area: Soundview CountyÐDona Ana C.T. 43 Service Area: Tremont/West Farms Parts: C.T. 44.01±44.02 Facility: Nyc Corr. Fac./Rikers Island Hatch CCD C.T. 45.01±45.02 Jal/Eunice Broome C.T. 46.02±46.04 Service Area: Deposit CountyÐLea Tierra Amarilla Parts: *Cattaraugus CountyÐRio Arriba Service Area: Arcade Eunice CCD Parts: Jal CCD Service Area: Randolph/Ellicottville Tierra Amarilla CCD Magdalena Service Area: Tri-County Vallecitas CCD CountyÐSocorro Population Group: Seneca NationÐ Parts: Tres Piedras Cattaraugus Res Magdalena CCD CountyÐTaos Cayuga North Valley Parts: Service Area: Aurora CountyÐBernalillo Tres Piedras CCD Service Area: Cato Parts: Western Rio Arriba Service Area: Groton/Moravia C.T. 29 CountyÐRio Arriba Population Group: Pov PopÐOswego City C.T. 30.01±30.02 Parts: Chautauqua C.T. 31 Jicarilla CCD Service Area: Dunkirk-Fredonia C.T. 32.01±32.02 Western Rio Arriba CCD Service Area: Tri-County C.T. 35.01±35.02 Service Area: Union City (PA/NY) C.T. 36 PRIMARY MEDICAL CARE: New Mexico Service Area: Westfield Northern Lea Population Group Listing Population Group: Seneca NationÐ CountyÐLea Cattaraugus Res Parts: Population Group *Chenango Lovington CCD Am InÐSan Juan Co Service Area: Cincinnatus/De Ruyter Tatum CCD CountyÐSan Juan Service Area: Greene Pecos/Villanueva Parts: Population Group: Low IncÐHamilton/ CountyÐSan Miguel American Indian Sherburne Parts: Low IncÐCerrillos/Madrid *Clinton Pecos CCD CountyÐSanta Fe Service Area: Dannemora Villanueva CCD Parts: Service Area: Ellenburg Penasco/Truchas/Embudo Blk Grp 8 Of Ct 103.03 *Columbia CountyÐRio Arriba Blk Grp 3 Of Ct 103.06 Service Area: Southeast Columbia Parts: Low Inc/HmlssÐAlbuquerque Central *Cortland Service Area: Cincinnatus/De Ruyter Chimayo CCD CountyÐBernalillo Population Group: Low IncÐCortland Dixon CCD Parts: CountyÐTaos *Delaware C.T. 14±15 Parts: Service Area: Deposit C.T. 20±22 Penasco CCD Service Area: Hancock/Walton C.T. 25±28 Picuris CCD Service Area: Hobart/Stamford Questo/Arroyo Hondo Med IndÐChaves Co Service Area: Margaretville/Andes CountyÐTaos CountyÐChaves Dutchess Parts: Parts: Service Area: N. Harlem ValleyÐDutchess Arroyo Hondo CCD Medically Indigent Population Group: Low IncÐBeacon Questa CCD Med IndÐEddy Co Erie Rio Chama CountyÐEddy Service Area: Black Rock/Riverside CountyÐRio Arriba Parts: Service Area: Tri-County Parts: Medically Indigent Population Group: MedicaidÐP.S. 84 Area Rio Chama CCD Med IndÐRoosevelt Co Population Group: MedicaidÐLower West Santa Fe/La Familia CountyÐRoosevelt Side CountyÐSanta Fe Parts: Population Group: MedicaidÐEllicott Parts: Medically Indigent Neighborhood 51564 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: New York PRIMARY MEDICAL CARE: New York PRIMARY MEDICAL CARE: New York County Listing County Listing Service Area Listing
County Name County Name Service Area Name Population Group: Seneca NationÐ Service Area: Pulaski CountyÐNew York Cattaraugus Res Population Group: Low IncÐFulton Parts: *Essex Population Group: Pov PopÐOswego City C.T. 10.02 Service Area: Central Adirondack *Otsego C.T. 20 Service Area: East Central Essex Service Area: Cherry Valley C.T. 22.01±22.02 Service Area: Schroon-Ticonderoga Service Area: Southeast Otsego C.T. 24 Service Area: Warrensburg Service Area: Southwest Otsego C.T. 26.01±26.02 *Franklin Service Area: Western Otsego C.T. 28 Service Area: Canton-Potsdam Queens Arcade Service Area: Tupper Lake Service Area: Long Island City CountyÐAllegany Genesee Service Area: South Jamaica Parts: Service Area: Genesee Population Group: MedicaidÐRockaway Centerville Town Greene Saratoga Rushford Town *Hamilton Service Area: Corinth/Luzerne CountyÐCattaraugus Service Area: Central Adirondack Schenectady Parts: Service Area: South Hamilton Population Group: Pov PopÐHamilton Hill/ Farmersville Town Service Area: Webb Mt. Pleasant Freedom Town Herkimer Schoharie Machias Town Service Area: Webb Service Area: Cherry Valley Yorkshire Town Service Area: West Winfield Service Area: Hobart/Stamford CountyÐWyoming *Jefferson Service Area: Southern Schoharie Parts: Service Area: Alexandria Bay *Seneca Arcade Town Service Area: Gouverneur Service Area: South Seneca Eagle Town Population Group: Pov PopÐWatertown *St Lawrence Java Town Kings Service Area: Alexandria Bay Orangeville Town Service Area: Bedford-Stuyvesant Service Area: Canton-Potsdam Sheldon Town Service Area: Bushwick Service Area: Gouverneur Wethersfield Town Service Area: Coney Isl/Brighton Bch/W Service Area: Massena Aurora Brighton Service Area: Ogdensburg CountyÐCayuga Service Area: Crown HeightsÐBrooklyn Service Area: Tupper Lake Parts: Service Area: East Ny-Brooklyn *Steuben Genoa Town Service Area: Williamsburg Service Area: Elkland (NY/PA) Ledyard Town Population Group: InmatesÐMDC Brook- *Sullivan Scipio Town lyn Service Area: Cochecton Springport Town *Lewis Population Group: Low IncÐLiberty Venice Town Service Area: Camden *Tompkins Bedford-Stuyvesant Livingston Service Area: Groton/Moravia CountyÐKings Service Area: Letchworth Warren Parts: Service Area: N. Livingston Service Area: Corinth/Luzerne C.T. 11 Madison Service Area: Schroon-Ticonderoga C.T. 23 Service Area: Cincinnatus/De Ruyter Service Area: Warrensburg C.T. 25 Population Group: Low IncÐHamilton/ Washington C.T. 27 Sherburne Service Area: Schroon-Ticonderoga C.T. 29.01±29.02 Monroe Westchester C.T. 31 Service Area: Jordan Population Group: Medicaid/HispanicÐPort C.T. 33 Service Area: Westside (Rochester) Chester C.T. 35 Montgomery Population Group: Pov/Latin Am ImmÐN C.T. 179 Service Area: Western Montgomery Tarrytown C.T. 181 New York *Wyoming C.T. 183 Service Area: Alphabet CityÐLower East Service Area: Arcade C.T. 185.01±185.02 Side Service Area: Genesee C.T. 187 Service Area: East Harlem Service Area: Letchworth C.T. 189 Service Area: Upper West Side *Yates C.T. 191 Service Area: Washington HeightsÐ C.T. 193 Inwood PRIMARY MEDICAL CARE: New York C.T. 195 Service Area: West Central Harlem Service Area Listing C.T. 197 Population Group: InmatesÐMCC New C.T. 199 York Service Area Name C.T. 201 Population Group: Pov/HomelessÐChel- Alexandria Bay C.T. 203 sea CountyÐJefferson C.T. 205 Oneida Parts: C.T. 207 Service Area: Camden Alexandria Twn. C.T. 213 Service Area: West Winfield Cape Vincent Twn. C.T. 215 Population Group: Low IncÐHamilton/ Clayton Twn. C.T. 217 Sherburne Lyme Twn. C.T. 219 Population Group: MedicaidÐUtica Orleans Twn. C.T. 221 Onondaga Philadelphia Twn. C.T. 223 Population Group: Pov PopÐSyracuse Theresa Twn. C.T. 225 Orleans CountyÐSt Lawrence C.T. 227 Service Area: Oak Orchard Parts: C.T. 229 Oswego Hammond Twn. C.T. 231 Service Area: Central Square Alphabet CityÐLower East Side C.T. 233 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51565
PRIMARY MEDICAL CARE: New York PRIMARY MEDICAL CARE: New York PRIMARY MEDICAL CARE: New York Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name C.T. 235 C.T. 381 CountyÐFranklin C.T. 237 C.T. 383 Parts: C.T. 239 C.T. 385 Dickinson Twn. C.T. 241 C.T. 387 Waverly Twn. C.T. 243 Black Rock/Riverside CountyÐSt Lawrence C.T. 245 CountyÐErie Parts: C.T. 247 Parts: Canton Twn. C.T. 249 C.T. 55±59 Colton Twn. C.T. 251 Bushwick Hopkinton Twn. C.T. 253 CountyÐKings Parishville Twn. C.T. 255 Parts: Pierrepont Twn. C.T. 257 C.T. 389 Potsdam Twn. C.T. 259.01±259.02 C.T. 391 Stockholm Twn. C.T. 261 C.T. 393 Cato C.T. 263 C.T. 395 CountyÐCayuga C.T. 265 C.T. 397 Parts: C.T. 267 C.T. 399 Cato Town C.T. 269 C.T. 401 Conquest Town C.T. 271.01±271.02 C.T. 403 Ira Town C.T. 273 C.T. 405 Victory Town C.T. 275 C.T. 407 Central Adirondack C.T. 277 C.T. 409 CountyÐEssex C.T. 279 C.T. 411 Parts: C.T. 281 C.T. 413 Newcomb Twn. C.T. 283 C.T. 415 CountyÐHamilton C.T. 285.01±285.02 C.T. 417 Parts: C.T. 287 C.T. 419 Indian Lake Twn. C.T. 289 C.T. 421 Long Lake Twn. C.T. 291 C.T. 423 Central Square C.T. 293 C.T. 425 CountyÐOswego C.T. 295 C.T. 427 Parts: C.T. 297 C.T. 429 C.T. 205±206 (Constantia Twn.) C.T. 299 C.T. 431 C.T. 207.01±207.03 (Hastings Twn.) C.T. 301 C.T. 433 C.T. 208 (Potermo Twn.) C.T. 303 C.T. 435 C.T. 209.02 (Pt.) C.T. 307 C.T. 437 Cherry Valley C.T. 309 C.T. 439 CountyÐOtsego C.T. 311 C.T. 441 Parts: C.T. 313 C.T. 443 Cherry Valley Town C.T. 315 C.T. 445 Roseboom Town C.T. 317.01±317.02 C.T. 447 Springfield Town C.T. 319 C.T. 453 CountyÐSchoharie C.T. 321 C.T. 455.97±455.98 Parts: C.T. 323 C.T. 465 Sharon Town C.T. 325 C.T. 473 Cincinnatus/De Ruyter C.T. 327 C.T. 477 CountyÐChenango C.T. 329 C.T. 481 Parts: C.T. 331 C.T. 483 Lincklaen Town C.T. 333 C.T. 487 Pitcher Town C.T. 335 C.T. 489 CountyÐCortland C.T. 337 C.T. 491 Parts: C.T. 339 C.T. 493 Cincinnatus Town C.T. 341 C.T. 495 Cuyler Town C.T. 343 C.T. 497 Freetown Town C.T. 345 C.T. 501 Harford Town C.T. 347 C.T. 503 Lapeer Town C.T. 349 C.T. 505 Marathon Town C.T. 351 C.T. 511 Taylor Town C.T. 353 C.T. 513 Willet Town C.T. 355 C.T. 527 CountyÐMadison C.T. 357 C.T. 1142.01±1142.02 Parts: C.T. 359 Camden De Ruyter Town C.T. 361 CountyÐLewis Cochecton C.T. 363 Parts: CountyÐSullivan C.T. 365.01±365.02 Osceola Twn. Parts: C.T. 367 CountyÐOneida Cochecton Twn. C.T. 369 Parts: Delaware Twn. C.T. 371 Annsville Twn. Fremont Twn. C.T. 373 Camden Twn. Highland Twn. C.T. 375 Florence Twn. Tusten Twn. C.T. 377 Vienna Twn. Coney Isl/Brighton Bch/W Brighton C.T. 379 Canton-Potsdam CountyÐKings 51566 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: New York PRIMARY MEDICAL CARE: New York PRIMARY MEDICAL CARE: New York Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name Parts: Parts: C.T. 1078 C.T. 326 (Potermo Twn.) Colesville Twn. C.T. 1098 C.T. 328 (Potermo Twn.) Sanford Twn. C.T. 1100 C.T. 330 (Potermo Twn.) Windsor Twn. C.T. 1102 C.T. 340 (Potermo Twn.) CountyÐDelaware C.T. 1106 C.T. 342 (Potermo Twn.) Parts: C.T. 1110 C.T. 348.01±348.02 Deposit Twn. C.T. 1112 C.T. 350 Tompkins Twn. C.T. 1114 C.T. 352 Dunkirk-Fredonia C.T. 1118 C.T. 354 CountyÐChautauqua C.T. 1120 C.T. 356 Parts: C.T. 1122 C.T. 360.01±360.02 Arkwright Twn. C.T. 1124 C.T. 362 Charlotte Twn. C.T. 1126 C.T. 364 Dunkirk Twn. C.T. 1128 Corinth/Luzerne Dunkirk City C.T. 1130 CountyÐSaratoga Pomfret Twn. C.T. 1132 Parts: Portland Twn. C.T. 1134 Corinth Twn. Sheridan Twn. C.T. 1136 Day Twn. Stockton Twn. C.T. 1138 Edinburg Twn. East Central Essex C.T. 1140 Hadley Twn. CountyÐEssex C.T. 1146 CountyÐWarren Parts: C.T. 1148 Parts: Elizabethtown Town C.T. 1150 Lake Luzerne Twn. Essex Town C.T. 1152 Stony Creek Twn. Keene Town C.T. 1154 Crown HeightsÐBrooklyn Lewis Town C.T. 1156 CountyÐKings Moriah Town C.T. 1158 Parts: North Hudson Town C.T. 1160 C.T. 508 Westport Town C.T. 1162 C.T. 794 Willsboro Town C.T. 1164 C.T. 796 East Harlem C.T. 1166 C.T. 798 CountyÐNew York C.T. 1168 C.T. 800 Parts: C.T. 1170 C.T. 802 C.T. 156.02 C.T. 1172.01±1172.02 C.T. 804 C.T. 158.02 C.T. 1174 C.T. 806 C.T. 160.02 C.T. 1176.01±1176.02 C.T. 810 C.T. 162 C.T. 1178 C.T. 812 C.T. 164 C.T. 1180 C.T. 814 C.T. 166 C.T. 1182.01±1182.02 C.T. 816 C.T. 168 C.T. 1184 C.T. 818 C.T. 170 C.T. 1186 C.T. 820 C.T. 172.01±172.02 C.T. 1188 C.T. 822 C.T. 174.01±174.02 C.T. 1190.97 C.T. 824 C.T. 178 C.T. 1192 C.T. 856 C.T. 180 C.T. 1194 C.T. 864 C.T. 182 C.T. 1196 C.T. 866 C.T. 184 C.T. 1200 C.T. 868 C.T. 188 C.T. 1202.97±1202.98 C.T. 870 C.T. 192 C.T. 1208 C.T. 872 C.T. 194 C.T. 1210 C.T. 874.01±874.02 C.T. 196 C.T. 1214 C.T. 876 C.T. 198 C.T. 1220 C.T. 878 C.T. 202 Elkland (NY/PA) C.T. 880 C.T. 204 CountyÐSteuben C.T. 882 C.T. 206 Parts: C.T. 884 C.T. 210 Tuscarora Town C.T. 886 East Ny-Brooklyn Woodhull Town C.T. 888 CountyÐKings Ellenburg C.T. 890 Parts: CountyÐClinton C.T. 892 C.T. 904 Parts: C.T. 894 C.T. 906 Clinton Town C.T. 896 C.T. 908 Ellenburg Town C.T. 898 C.T. 910 Genesee C.T. 900 C.T. 912 CountyÐWyoming C.T. 902 C.T. 914 Parts: Dannemora C.T. 916 Attica Town CountyÐClinton C.T. 918 Bennington Town Parts: C.T. 920 Gouverneur Dannemora Town C.T. 922 CountyÐJefferson Saranac Town C.T. 982 Parts: Deposit C.T. 1058 Antwerp Twn. CountyÐBroome C.T. 1070 CountyÐSt Lawrence Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51567
PRIMARY MEDICAL CARE: New York PRIMARY MEDICAL CARE: New York PRIMARY MEDICAL CARE: New York Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name Parts: CountyÐMonroe C.T. 215.01±215.02 De Kalb Twn. Parts: C.T. 217.01 De Peyster Twn. C.T. 7 C.T. 227.01 Edwards Twn. C.T. 13±15 C.T. 233.01 Fowler Twn. C.T. 39 C.T. 235.01 Gouverneur Twn. C.T. 43 C.T. 237.01 Hermon Twn. C.T. 48±53 C.T. 239 Macomb Twn. C.T. 55±56 C.T. 241 Rossie Twn. C.T. 80 C.T. 243 Greene C.T. 91±92 C.T. 245 CountyÐChenango C.T. 93.01 C.T. 247 Parts: Letchworth C.T. 249 German Town CountyÐAllegany C.T. 251 Greene Town Parts: C.T. 253 McDonough Town Allen Town C.T. 255 Smithville Town Caneadea Town C.T. 257 Groton/Moravia Granger Town Morrisania CountyÐCayuga Hume Town CountyÐBronx Parts: CountyÐLivingston Parts: Locke Twn. Parts: C.T. 47 Moravia Twn. Portage Town C.T. 49 Sempronius Twn. CountyÐWyoming C.T. 59.02 Summerhill Twn. Parts: C.T. 61 CountyÐTompkins Castile Town C.T. 65 Parts: Gainesville Town C.T. 67 Groton Twn. Genesee Falls Town C.T. 69 Hancock/Walton Pike Town C.T. 121.01 CountyÐDelaware Long Island City C.T. 123 Parts: CountyÐQueens C.T. 125 Colchester Town Parts: C.T. 127.01 Hamden Town C.T. 1 C.T. 129.01 Hancock Town C.T. 7 C.T. 131 Walton Town C.T. 19 C.T. 133 High Bridge C.T. 25 C.T. 135 CountyÐBronx C.T. 27 C.T. 137 Parts: C.T. 29 C.T. 139 C.T. 53.01 C.T. 31 C.T. 141 C.T. 57 C.T. 35 C.T. 143 C.T. 59.01 C.T. 37 C.T. 145 C.T. 187 C.T. 39 C.T. 147 C.T. 189 C.T. 41 C.T. 149 C.T. 193 C.T. 43 C.T. 151 C.T. 195 C.T. 45 C.T. 153 C.T. 197 C.T. 47 C.T. 155 C.T. 199 C.T. 49 C.T. 157 C.T. 201 C.T. 51 C.T. 161 C.T. 211 C.T. 53 C.T. 163 C.T. 213.01±213.02 C.T. 55 C.T. 165 C.T. 217.02 C.T. 57 C.T. 167 C.T. 219 C.T. 59 C.T. 169 C.T. 221 C.T. 171 C.T. 171 C.T. 223 Margaretville/Andes C.T. 173 C.T. 227.02 CountyÐDelaware C.T. 175 Hobart/Stamford Parts: C.T. 177 CountyÐDelaware Andes Town C.T. 179 Parts: Middletown Town C.T. 181 Davenport Town Roxbury Town C.T. 183 Harpersfield Town Massena C.T. 225 Kortright Town CountyÐSt Lawrence C.T. 227.03 Stamford Town Parts: C.T. 229.02 CountyÐSchoharie Brasher Twn. C.T. 367 Parts: Lawrence Twn. C.T. 369.02 Jefferson Town Louisville Twn. Mott Haven/Point Morris Hunts Point Madrid Twn. (E.1/2) CountyÐBronx CountyÐBronx Massena Twn. Parts: Parts: Norfolk Twn. C.T. 11 C.T. 91 Waddington Twn. (E.1/2) C.T. 15 C.T. 97 Morris Heights C.T. 17 C.T. 99 CountyÐBronx C.T. 23 C.T. 105 Parts: C.T. 25 C.T. 115.01±115.02 C.T. 53.02 C.T. 27.01±27.02 Jordan C.T. 205 C.T. 31 51568 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: New York PRIMARY MEDICAL CARE: New York PRIMARY MEDICAL CARE: New York Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name C.T. 33 Mexico Twn. South Hamilton C.T. 35 Orwell Twn. CountyÐHamilton C.T. 37 Redfield Twn. Parts: C.T. 39 Richland Twn. Arietta Twn. C.T. 41 Sandy Creek Twn. Benson Twn. C.T. 43 Williamstown Twn. Hope Twn. C.T. 71 Randolph/Ellicottville Lake Pleasant Twn. C.T. 73 CountyÐCattaraugus Morehouse Twn. C.T. 75 Parts: Wells Twn. C.T. 77 Carrollton Town South Jamaica C.T. 79 Cold Spring Town CountyÐQueens C.T. 81 Conewango Town Parts: C.T. 83 Ellicottville Town C.T. 152 C.T. 85 Franklinville Town C.T. 154 C.T. 87 Great Valley Town C.T. 190 C.T. 89 Humphrey Town C.T. 196 C.T. 119 Little Valley Town C.T. 198 C.T. 121.02 Mansfield Town C.T. 202 C.T. 127.02 Napoli Town C.T. 204 C.T. 129.02 New Albion Town C.T. 206 N. Harlem ValleyÐDutchess Randolph Town C.T. 208 CountyÐDutchess Red House Town C.T. 212 Parts: Salamanca Town C.T. 244 Amenia Twn. Salamanca City C.T. 246 Dover Twn. South Valley Town C.T. 248 North East Twn. Schroon-Ticonderoga C.T. 250 Pine Plains Twn. CountyÐEssex C.T. 252 Stanford Twn. Parts: C.T. 258 Washington Twn. Crown Point Town C.T. 260 N. Livingston Schroon Town C.T. 262 CountyÐLivingston Ticonderoga Town C.T. 266 Parts: CountyÐWarren C.T. 270 Avon Twn. Parts: C.T. 272 Caledonia Twn. Hague Town C.T. 274 Geneseo Twn. CountyÐWashington C.T. 276 Groveland Twn. Parts: C.T. 278 Leicester Twn. Dresden Town C.T. 280 Lima Twn. Putnam Town C.T. 284 Livonia Twn. Soundview C.T. 288 York Twn. CountyÐBronx C.T. 410 Northeast Albany Parts: C.T. 414 CountyÐAlbany C.T. 2 C.T. 440 Parts: C.T. 4 South Seneca C.T. 1±2 C.T. 16 CountyÐSeneca C.T. 7±8 C.T. 20 Parts: C.T. 11 C.T. 24 Covert Twn. Oak Orchard C.T. 28 Lodi Twn. CountyÐOrleans C.T. 36 Ovid Twn. Parts: C.T. 38 Southeast Columbia Albion Town C.T. 40.01±40.02 CountyÐColumbia Barre Towwn C.T. 44 Parts: Carlton Town C.T. 46 Ancram Twn. Clarendon Town C.T. 48 Copake Twn. Gaines Town C.T. 50 Gallatin Twn. Kendall Town C.T. 52 Hillsdale Twn. Murray Town C.T. 54 Taghkanic Twn. Ogdensburg C.T. 56 Southeast Otsego CountyÐSt Lawrence C.T. 58 CountyÐOtsego Parts: C.T. 62 Parts: De Peyster Town C.T. 64 Decatur Town Lisbon Twn. C.T. 66 Maryland Town Macomb Twn. (Pt.) C.T. 68 Westford Town Madrid Twn. (Pt.) C.T. 70 Worcester Town Morristown Twn. C.T. 72 Southern Schoharie Ogdensburg City C.T. 74 CountyÐSchoharie Oswegatchie Twn. C.T. 78 Parts: Waddington Twn.(Pt.) C.T. 84 Blenheim Twn. Pulaski C.T. 86 Broome Twn. CountyÐOswego C.T. 88 Conesville Twn. Parts: C.T. 98 Fulton Twn. Albion Twn. C.T. 102 Gilboa Twn. Boylston Twn. C.T. 214 Middleburgh Twn. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51569
PRIMARY MEDICAL CARE: New York PRIMARY MEDICAL CARE: New York PRIMARY MEDICAL CARE: New York Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name Southwest Otsego Clymer Twn. Wellsville CountyÐOtsego French Creek Twn. CountyÐAllegany Parts: Upper West Side Parts: Butternuts Town CountyÐNew York Alfred Twn. Morris Town Parts: Alma Twn. Tremont/West Farms C.T. 177 Almond Twn. CountyÐBronx C.T. 179 Amity Twn. Parts: C.T. 181 Andover Twn. C.T. 60 C.T. 183 Angelica Twn. C.T. 216.01 C.T. 185 Belfast Twn. C.T. 218 C.T. 187 Birdsall Twn. C.T. 220 C.T. 189 Bolivar Twn. C.T. 229.01 C.T. 191 Burns Twn. C.T. 231 C.T. 193 Clarksville Twn. C.T. 233.02 C.T. 195 Cuba Twn. C.T. 235.02 C.T. 197.01 Friendship Twn. C.T. 236 C.T. 199 Genesee Twn. C.T. 237.02 C.T. 201.01 Grove Twn. C.T. 240 C.T. 203 Independence Twn. C.T. 359 C.T. 205 New Hudson Twn. C.T. 361 C.T. 207.01 Scio Twn. C.T. 363 Warrensburg Ward Twn. C.T. 365.01±365.02 CountyÐEssex Wellsville Twn. C.T. 369.01 Parts: West Almond Twn. C.T. 371 Minerva Town Willing Twn. C.T. 373 CountyÐWarren Wirt Twn. C.T. 375.01±375.03 Parts: West Central Harlem C.T. 377 Chester Town CountyÐNew York C.T. 379 Horicon Town Parts: C.T. 381 Johnsburg Town C.T. 186 C.T. 383 Thurman Town C.T. 190 C.T. 385 Warrensburg Town C.T. 197.02 C.T. 387 Washington HeightsÐInwood C.T. 200 C.T. 389 CountyÐNew York C.T. 201.02 C.T. 391 Parts: C.T. 207.02 C.T. 393 C.T. 243.01 C.T. 208 C.T. 399.02 C.T. 245 C.T. 209.01±209.02 Tri-County C.T. 247 C.T. 211±212 CountyÐCattaraugus C.T. 249 C.T. 213.01±213.02 Parts: C.T. 251 C.T. 214 Dayton Town C.T. 253 C.T. 216 Leon Town C.T. 255 C.T. 217.01±217.02 Otto Town C.T. 261 C.T. 218 Perrysburg Town C.T. 263 C.T. 219.97 Persia Town C.T. 265 C.T. 220 CountyÐChautauqua C.T. 267 C.T. 221.01±221.02 Parts: C.T. 269 C.T. 222 Cherry Creek Town C.T. 271 C.T. 223.97±223.98 Hanover Town C.T. 273 C.T. 224±226 C.T. 275 C.T. 227.01±227.02 PRIMARY MEDICAL CARE: New York C.T. 277 C.T. 228±230 Service Area Listing C.T. 279 C.T. 231.01±231.02 C.T. 281 C.T. 232±234 Service Area Name C.T. 283 C.T. 235.01±235.02 Villenova Town C.T. 285 C.T. 236±237 CountyÐErie C.T. 287 C.T. 239 Parts: C.T. 289 C.T. 241 Brant Town C.T. 291 C.T. 243.02 Collins Town C.T. 293 West Winfield Eden Town C.T. 295 CountyÐHerkimer Evans Town C.T. 297 Parts: North Collins Town C.T. 303 Columbia Twn. Tupper Lake C.T. 307 Litchfield Twn. CountyÐFranklin C.T. 309 Warren Twn. Parts: C.T. 311 Winfield Twn. Altamont Twn. Webb CountyÐOneida CountyÐSt Lawrence CountyÐHamilton Parts: Parts: Parts: Bridgewater Twn. Piercefield Twn. Inlet Twn. Westerlo-Rensselaerville Union City (PA/NY) CountyÐHerkimer CountyÐAlbany CountyÐChautauqua Parts: Parts: Parts: Webb Twn. Rensselaerville Town 51570 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: New York PRIMARY MEDICAL CARE: New York PRIMARY MEDICAL CARE: New York Service Area Listing Population Group Listing Population Group Listing
Service Area Name Population Group Population Group Westerlo Town InmatesÐMDC Brooklyn C.T. 26 Western Montgomery CountyÐKings C.T. 27.01 CountyÐMontgomery Parts: C.T. 31 Parts: MDC Brooklyn MedicaidÐLower West Side Canajoharie Twn. Low IncÐBeacon CountyÐErie Minden Twn. CountyÐDutchess Parts: Palatine Twn. Parts: C.T. 68 Root Twn. C.T. 2101±2103 C.T. 71.01±71.02 St. Johnsville Twn. Low IncÐCortland C.T. 72.01 Western Otsego CountyÐCortland MedicaidÐRockaway CountyÐOtsego Parts: CountyÐQueens Parts: Cortland City Parts: Burlington Town Cortlandville Town C.T. 916.01±916.02 Edmeston Town Homer Town C.T. 916.99 New Lisbon Town Preble Town C.T. 918 Pittsfield Town Scott Town C.T. 922 Plainfield Town Solon Town C.T. 928 Westfield Truxton Town C.T. 934 CountyÐChautauqua Virgil Town C.T. 938 Parts: Low IncÐFulton C.T. 942.01±942.03 Chautauqua Town CountyÐOswego C.T. 952 Mina Town Parts: C.T. 962 Ripley Town Fulton City C.T. 964 Sherman Town Granby Town C.T. 972 Westfield Town Schroeppel Town C.T. 992 Westside (Rochester) Volney Town C.T. 998 CountyÐMonroe Low IncÐHamilton/Sherburne C.T. 1008 Parts: CountyÐChenango C.T. 1010 C.T. 2 Parts: C.T. 1032 C.T. 16±17 Columbus Town MedicaidÐUtica C.T. 23±24 Otselic Town CountyÐOneida C.T. 27 Sherburne Town Parts: C.T. 32 Smyrna Town C.T. 201 C.T. 40±41 CountyÐMadison C.T. 202.01±202.02 C.T. 62±71 Parts: C.T. 203±206 C.T. 75 Brookfield Town C.T. 207.01±207.02 C.T. 87.01±87.02 Eaton Town C.T. 208.01±208.03 C.T. 88±90 Georgetown Town C.T. 209±210 C.T. 93.02 Hamilton Town C.T. 211.01±211.03 C.T. 94.01±94.03 Lebanon Town C.T. 212.01±212.02 C.T. 95 Madison Town C.T. 213.01±213.03 C.T. 96.01±96.04 CountyÐOneida C.T. 214.01±214.04 Williamsburg Parts: C.T. 215 CountyÐKings Sangerfield Town C.T. 216.01±216.02 Parts: Low IncÐLiberty C.T. 217.01±217.02 C.T. 507 CountyÐSullivan Medicaid/HispanicÐPort Chester C.T. 509 Parts: CountyÐWestchester C.T. 515 Liberty Town Parts: C.T. 519 Neversink Town C.T. 78±82 C.T. 523 Rockland Town Pov PopÐHamilton Hill/Mt. Pleasant C.T. 525 MedicaidÐP.S. 84 Area CountyÐSchenectady C.T. 529 CountyÐErie Parts: C.T. 531 Parts: C.T. 207±209 C.T. 533 C.T. 27.02 C.T. 210.01±210.02 C.T. 535 C.T. 29 C.T. 214±217 C.T. 537 C.T. 32.01±32.02 Pov PopÐOswego City C.T. 539 C.T. 33.01±33.02 CountyÐCayuga C.T. 545 C.T. 34±36 Parts: C.T. 547 C.T. 39.01±39.02 Sterling Twn. C.T. 549 C.T. 40.01±40.02 CountyÐOswego C.T. 551 C.T. 41±42 Parts: C.T. 553 C.T. 44.02 Hannibal Twn. C.T. 555 C.T. 52.02 Minetto Twn. C.T. 64 New Haven Twn. PRIMARY MEDICAL CARE: New York MedicaidÐEllicott Neighborhood Oswego Twn. Population Group Listing CountyÐErie Oswego City Parts: Scriba Twn. Population Group C.T. 12 Pov PopÐSyracuse InmatesÐMCC New York C.T. 13.01±13.02 CountyÐOnondaga CountyÐNew York C.T. 14.01±14.02 Parts: Parts: C.T. 15±18 City Of Syracuse MCC New York C.T. 25.01±25.02 Pov PopÐWatertown Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51571
PRIMARY MEDICAL CARE: New York PRIMARY MEDICAL CARE: North Carolina PRIMARY MEDICAL CARE: North Carolina Population Group Listing County Listing Service Area Listing
Population Group County Name Service Area Name CountyÐJefferson Service Area: Hatteras BayboroÐAurora CountyÐBeaufort Parts: Durham Brownville Twn. Parts: Population Group: MedicaidÐDurham Co Richland Twp City Of Watertown Franklin Hounsfield Twn. CountyÐPamlico Gaston Le Ray Twn. Central Charlotte Population Group: MedicaidÐGaston Co Pamelia Twn. CountyÐMecklenburg Rutland Twn. *Gates Parts: Watertown Twn. *Graham C.T. 1 Pov/HomelessÐChelsea *Granville C.T. 4±8 CountyÐNew York Facility: FCI Butner C.T. 36±37 Parts: *Greene C.T. 38.98 Homeless Guilford C.T. 39.01±39.02 C.T. 40±42 C.T. 93 Service Area: Inner City Greensboro C.T. 43.02 C.T. 95 *Harnett C.T. 97 C.T. 44±52 Service Area: Western Harnett Danbury C.T. 99 Population Group: Pov PopÐAngier/Buies C.T. 101 CountyÐStokes Creek Parts: C.T. 103 *Henderson C.T. 109 C.T. 701±703 Population Group: MFWÐHenderson/Polk C.T. 111 East Kinston C.T. 113 *Hertford CountyÐLenoir C.T. 115 Population Group: Med IndÐHertford Co Parts: C.T. 117 *Hoke C.T. 101±105 Pov/Latin Am ImmÐN Tarrytown *Hyde C.T. 107 CountyÐWestchester Johnston Eastern Carteret Parts: Population Group: MFWÐJohnston/Samp- CountyÐCarteret C.T. 116 son Parts: Seneca NationÐCattaraugus Res *Jones Atlantic Twp. Cedar Island Twp. CountyÐCattaraugus *Lenoir Davis Twp. Parts: Service Area: East Kinston Cattaraugus Res Harkers Island Twp. *Macon Marshallberg Twp. CountyÐChautauqua Service Area: Franklin Parts: Merrimon Town Madison Cattaraugus Res Portsmouth Twp. *Martin CountyÐErie Sea Level Twp. Parts: Mecklenburg Smyrna Twp. Cattaraugus Res Service Area: Central Charlotte Stacy Twp. *Montgomery Straits Twp PRIMARY MEDICAL CARE: New York Nash Franklin Facility Listing Population Group: MFWÐNash/Wilson CountyÐMacon New Hanover Parts: Facility Name Service Area: Northern New Hanover Burningtown Twp Nyc Corr. Fac./Rikers Island *Northampton Cartoogechaye Twp CountyÐBronx Onslow Cowee Twp Ellijay Twp Pamlico Flats Twp PRIMARY MEDICAL CARE: North Carolina Service Area: BayboroÐAurora County Listing Franklin Twp *Pender Millshoal Twp County Name *Person Nantahala Twp Alamance *Polk Smiths Bridge Twp. Population Group: Med IndÐAlamance Co Population Group: MFWÐHenderson/Polk Hatteras *Anson Randolph CountyÐDare *Beaufort *Robeson Parts: Service Area: BayboroÐAurora *Sampson Hatteras Twp *Bertie Population Group: MFWÐJohnston/Samp- Kinnakeet Twp *Bladen son Hot House/Shoal Creek Brunswick *Scotland CountyÐCherokee Caldwell Population Group: Med IndÐScotland Co Parts: Service Area: Western Caldwell *Stanly Hot House Twp. *Carteret Population Group: Pov PopÐStanly Co Shoal Creek Twp. Service Area: Eastern Carteret Stokes Inner City Greensboro *Caswell CountyÐGuilford Service Area: Danbury Catawba Parts: *Surry Population Group: Pov PopÐCatawba Co C.T. 101 Chatham Population Group: Pov PopÐSurry Co C.T. 107.02 *Cherokee *Tyrrell C.T. 108.01 Service Area: Hot House/Shoal Creek Union C.T. 110 *Cleveland *Washington C.T. 111.01 Population Group: Med IndÐCleveland Co *Wilson C.T. 112±115 *Columbus Population Group: MFWÐNash/Wilson Northern New Hanover *Dare Population Group: Pov PopÐWilson Co CountyÐNew Hanover 51572 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: North Carolina PRIMARY MEDICAL CARE: North Carolina PRIMARY MEDICAL CARE: North Dakota Service Area Listing Population Group Listing County Listing
Service Area Name Population Group County Name Parts: Parts: *Ransom C.T. 101±103 Black River Twp. *Renville C.T. 110±115 Neills Creek Twp. Service Area: Kenmare/Bowbells Western Caldwell Pov PopÐCatawba Co Service Area: Mohall CountyÐCaldwell CountyÐCatawba *Richland Parts: Parts: Service Area: Hankinson/Lidgerwood (ND/ Globe Twp. Pov Pop SD) Johns River Twp. Pov PopÐStanly Co *Rolette Mulberry Twp. CountyÐStanly *Sheridan Patterson Twp. Parts: Service Area: Harvey Wilson Creek Twp. Pov Pop *Sioux Western Harnett Pov PopÐSurry Co *Slope CountyÐHarnett CountyÐSurry Service Area: Amidon Parts: Parts: Service Area: Baker (MT/ND) Anderson Creek Twp. Pov Pop *Stark Barbecue Twp. Pov PopÐWilson Co Service Area: Belfield/Medora Johnsonville Twp. CountyÐWilson Service Area: West Morton/East Stark Lillington Twp. Parts: *Steele Stewarts Creek Twp. Pov Pop Service Area: Mayville/Finley Upper Little River Twp. Service Area: Northwood PRIMARY MEDICAL CARE: North Carolina *Stutsman PRIMARY MEDICAL CARE: North Carolina Facility Listing Service Area: Medina Population Group Listing Service Area: Wimbledon Facility Name *Towner Population Group FCI Butner *Traill Med IndÐAlamance Co CountyÐGranville Service Area: Mayville/Finley CountyÐAlamance *Ward Parts: PRIMARY MEDICAL CARE: North Dakota Service Area: Kenmare/Bowbells Medically Indigent County Listing *Wells Med IndÐCleveland Co Service Area: Harvey CountyÐCleveland County Name *Williams Parts: *Adams Service Area: Stanley/Tioga Medically Indigent Service Area: Lemmon (SD/ND) Med IndÐHertford Co *Barnes PRIMARY MEDICAL CARE: North Dakota CountyÐHertford Service Area: Wimbledon Service Area Listing Parts: *Benson Medically Indigent Billings Service Area Name Med IndÐScotland Co Service Area: Belfield/Medora Amidon CountyÐScotland *Bottineau CountyÐSlope Parts: Service Area: Mohall Parts: Medically Indigent *Bowman Amidon City MedicaidÐDurham Co Service Area: Baker (MT/ND) Carroll Twp. CountyÐDurham Service Area: Bowman/Scranton/Rhame Cash Twp. Parts: *Burke Cedar Creek Twp. Medicaid Eligible Service Area: Kenmare/Bowbells Chalky Butte Unorg. MedicaidÐGaston Co Service Area: Powers Lake/Columbus Connor Twp. CountyÐGaston *Divide Crawford Twp. Parts: *Dunn Deep Creek Unorg. Medicaid Eligible *Eddy Dovre Twp. MFWÐHenderson/Polk *Emmons E-Six Unorg. CountyÐHenderson *Golden Valley Harper Twp. Parts: Grand Forks Hume Twp. MFW Service Area: Northwood Mineral Springs Twp. CountyÐPolk *Kidder Moord Twp. Parts: Service Area: Harvey Mound Twp. Mig. Pop. Service Area: Medina Northwest Slope Unorg. MFWÐJohnston/Sampson *La Moure Peaceful Valley Twp. CountyÐJohnston Service Area: La Moure Rainy Butte Twp. Parts: *McHenry Richland Center Twp. MFW *McKenzie Sand Creek Twp. CountyÐSampson *McLean Sheets Twp. Parts: Morton Slope Center Twp. Mig. Pop. Service Area: West Morton/East Stark Sunshine Twp. MFWÐNash/Wilson Mountrail White Lake Twp. CountyÐNash Service Area: Stanley/Tioga Woodberry Twp. Parts: *Nelson Baker (MT/ND) MFW Service Area: Northwood CountyÐBowman CountyÐWilson *Oliver Parts: Parts: *Pembina Sunny Slope Twp. Mig Pop Service Area: Cavalier W. Bowman Unorg. Pov PopÐAngier/Buies Creek *Pierce CountyÐSlope CountyÐHarnett Service Area: Harvey Parts: Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51573
PRIMARY MEDICAL CARE: North Dakota PRIMARY MEDICAL CARE: North Dakota PRIMARY MEDICAL CARE: North Dakota Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name Bucklin Twp. Pembina Twp. Norway Lake Twp Hughes Twp. St. Joseph Twp. Oshkosh Twp Marmarth City St. Thomas City Pony Gulch Twp W. Slope Unorg. St. Thomas Twp. Rusland Twp Belfield/Medora Thingvalla Twp. Silver Lake Twp CountyÐStark Hankinson/Lidgerwood (ND/SD) St Anna Twp Parts: CountyÐRichland Valhalla Twp Belfield City Parts: Wells Twp South Heart City Barney Twp. West Norway Twp West Stark Unorg. Belford Twp. Western Twp Bowman/Scranton/Rhame Brandenburg Twp. Kenmare/Bowbells CountyÐBowman Brightwood Twp. CountyÐBurke Parts: Danton Twp. Parts: Adelaide Twp. Devillo Twp. Bowbells City Amor Twp. Dexter Twp. Bowbells Twp. Bowman City Duerr Twp. Carter Twp. Bowman Twp. Elma Twp. Dimond Twp. Boyesen Twp. Fairmount City Flaxton City Buena Vista Twp. Fairmount Twp. Kandiyohi Twp. Fischbein Twp. Grant Twp. Lakeview Twp. Gascoyne City Great Bend City Minnesota Twp. Gascoyne Twp. Greendale Twp. North Star Twp. Gem Twp. Hankinson City North Burke Unorg. Goldfield Twp. La Mars Twp. Richland Twp. Grainbelt Twp. Liberty Grove Twp. Roseland Twp. Grand River Twp. Lidgerwood City Vanville Twp. Haley Twp. Mantador City Ward Twp. Hart Unorg. Moran Twp. CountyÐRenville Ladd Twp. Waldo Twp. Parts: Langberg Twp. Wyndmere City Fairbanks Twp. Marion Twp. Wyndmere Twp. Grover Twp. Minnehaha Twp. Harvey Ivanhoe Twp. Nebo Twp. CountyÐKidder McKinney Twp. Rhame City Parts: Prosperity Twp. Rhame Twp. Atwood Twp Rockford Twp. Scranton City Clear Lake Twp Roosevelt Twp. Scranton Twp. Kickapoo Twp Stafford Twp. Star Twp. Merkel Twp Tolley City Stillwater Twp. Northwest Twp CountyÐWard Talbot Twp. Robinson City Parts: Whiting Twp. Robinson Twp Baden Twp. Cavalier Stewart Twp Denmark Twp. CountyÐPembina Tuttle City Elmdale Twp. Parts: Tuttle Twp Greenbush Twp. Advance Twp. CountyÐPierce Kenmare City Akra Twp. Parts: Kenmare Twp. Bathgate City Alexander Twp Sauk Prairie Twp. Bathgate Twp. Antelope Lake Twp Spencer Twp. Beaulieu Twp. Elling Twp La Moure Canton City City Hagel Twp CountyÐLa Moure Carlisle Twp. S Pierce Unorg Parts: Cavalier City Truman Twp Adrian Twp. Cavalier Twp. White Twp Badger Twp. Crystal City CountyÐWells Berlin City Crystal Twp. Parts: Black Loam Twp. Drayton City Bremen Twp Blue Bird Twp. Drayton Twp. Bull Moose Twp Dean Twp. Elora Twp. Chaseley Twp Dickey City Felson Twp. Crystal Lake Twp Gladstone Twp. Gardar Twp. Delger Twp Glen Twp. Hamilton City Fairville Twp Glenmore Twp. Hamilton Twp. Fessenden City Grand Rapids Twp. Joliette Twp. Forward Twp Grandview Twp. La Moure Twp. Fram Twp Greenville Twp. Lincoln Twp. Germantown Twp Henrietta Twp. Lodema Twp. Hamberg City Jud City Midland Twp. Hamberg Twp Kennison Twp. Mountain City Harvey City La Moure City Neche City Heimdal Twp Litchville Twp. Neche Twp. Hillsdale Twp Marion City Park Twp. Lynn Twp Mikkelson Twp. Pembina City Manfred Twp Ovid Twp. 51574 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: North Dakota PRIMARY MEDICAL CARE: North Dakota PRIMARY MEDICAL CARE: North Dakota Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name Pearl Lake Twp. Germania Twp. Westfield Twp. Prairie Twp. Griffin Twp. Powers Lake/Columbus Raney Twp. Iosco Twp. CountyÐBurke Roscoe Twp. Medina City Parts: Russell Twp. Newbury Twp. Battleview Twp. Ryan Twp. Peterson Twp. Clayton Twp. Saratoga Twp. Sinclair Twp. Cleary Twp. Sheridan Twp. St. Paul Twp. Columbus City Verona City Stirton Twp. Colville Twp. Lemmon (SD/ND) Streeter City Dale Twp. CountyÐAdams Streeter Twp. Fay Twp. Parts: Valley Spring Twp. Foothills Twp. E Adams Unorg Weld Twp. Forthun Twp. Gilstrap Twp Mohall Garness Twp. North Lemmon Twp CountyÐBottineau Harmonious Twp. Orange Twp Parts: Keller Twp. South Fork Twp Antler City Larson City Mayville/Finley Antler Twp. Leaf Mountain Twp. CountyÐSteele Blaine Twp. Lignite City Parts: Cut Bank Twp. Lucy Twp. Broadlawn Twp Hoffman Twp. Portal Twp. Carpenter Twp Lansford City Portal City Colgate Twp Lansford Twp. Powers Lake City Easton Twp Renville Twp. Short Creek Twp. Edendale Twp Sherman Twp. Soo Twp. Enger Twp Wheaton Twp. Thorson Twp. Finley City CountyÐRenville Vale Twp. Finley Twp Parts: Stanley/Tioga Franklin Twp Brandon Twp. CountyÐWilliams Golden Lake Twp Callahan Twp. Parts: Greenview Twp Clay Twp. Big Meadow Twp. Hope City Colquhoun Twp. Champion Twp. Hugo Twp Eden Valley Twp. Dry Fork Twp. Luverne City Grano City Equality Twp. Melrose Twp Grassland Twp. Farmvale Twp. Primrose Twp Hamerly Twp. Golden Valley Twp. Riverside Twp Hamlet Twp. Hazel Twp. Sherbrooke Twp Hurley Twp. Hofflund Twp. Willow Lake Twp Lockwood Twp. Lindahl Twp. CountyÐTraill Loraine City Nesson ValleyÐUnorg. Medina Mohall City New Home Twp. CountyÐKidder Sherwood City Pleasant Valley Twp. Parts: Northwood Ray City Allen Twp. CountyÐGrand Forks S. E. WilliamsÐUnorg. Buckeye Twp. Parts: Sauk Valley Twp. Bunker Twp. Arvilla Twp South Meadow Twp. Crystal Spring Twp. Avon Twp. Tioga City Dawson City Elm Grove Twp. Tioga Twp. Graf Twp. Grace Twp. View Twp. Haynes Twp. Larimore City West Bank Twp. Manning Twp. Larimore Twp Wildrose City Peace Twp. Lind Twp. West Morton/East Stark Quinby Twp. Logan Center Twp. CountyÐMorton Sibley Twp. Loretta Twp. Parts: South Kidder Unorg. Moraine Twp. Almont City Steele City Niagara City Engelter Twp Tanner Twp. Niagara Twp. Glen Ullin City Tappen City Northwood City Hebron City Tappen Twp. Northwood Twp. New Salem City Valley Twp. Pleasant View Twp. West Morton Unorg Vernon Twp. Washington Twp. CountyÐStark Weiser Twp. CountyÐNelson Parts: Westford Twp. Parts: East Stark Unorg Williams Twp. Aneta City Richardton City Woodlawn Twp. Ora Twp. Taylor City CountyÐStutsman Rugh Twp. Wimbledon Parts: CountyÐSteele CountyÐBarnes Bloomenfield Twp. Parts: Parts: Chase Lake Unorg. Beaver Creek Twp. Ashtabula Twp. Chicago Twp. Newburgh Twp. Baldwin Twp. Cleveland City Sharon City Dazey City Flint Twp. Sharon Twp. Dazey Twp. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51575
PRIMARY MEDICAL CARE: North Dakota PRIMARY MEDICAL CARE: Ohio PRIMARY MEDICAL CARE: Ohio Service Area Listing County Listing Service Area Listing
Service Area Name County Name Service Area Name Edna Twp. *Hardin Archer Twp. Ellsbury Twp. *Harrison Athens Twp. Grand Prairie Twp. Service Area: Cadiz/Scio/Hopedale Cadiz Twp. Lake Town Twp. Service Area: Freeport Franklin Twp. Leal City *Henry German Twp. Minnie Lake Twp. Population Group: Med IndÐHenry Co Green Twp. Pierce Twp. *Highland Monroe Twp. Pillsbury City Population Group: Med IndÐHighland Co North Twp. Rogers City *Hocking Rumley Twp. Rogers Twp. Population Group: Med IndÐHocking Co Short Creek Twp. Sibley City *Holmes Stock Twp. Sibley Trail Twp. *Jackson Cambridge Uxbridge Twp. Jefferson CountyÐGuernsey Wimbledon City Service Area: East Liverpool (OH/PA/WV) Parts: CountyÐStutsman Lawrence Adams Twp. Parts: Population Group: Pov PopÐLawrence Co Cambridge Twp. Ashland Twp. Lucas Center Twp. Courtenay Twp. Service Area: Center City/Dorr (Toledo) Jackson Twp. Courtenay City Service Area: East Toledo Jefferson Twp. Durham Twp. Service Area: Near Southside Toledo Knox Twp. Gray Twp. Mahoning Liberty Twp. Spiritwood Lake City Service Area: Eastside Youngstown Millwood Twp. *Meigs Monroe Twp. PRIMARY MEDICAL CARE: Ohio *Monroe Oxford Twp. County Listing Service Area: New Matamoras Richland Twp. Service Area: Woodsfield Spencer Twp. County Name Montgomery Valley Twp. *Ashtabula Service Area: West Dayton Westland Twp. Service Area: Orwell *Morgan Wheeling Twp. *Athens *Morrow Wills Twp. Population Group: Med IndÐAthens Co *Perry Center City/Dorr (Toledo) *Brown Portage CountyÐLucas Butler Population Group: Med IndÐPortage Co Parts: Service Area: Eastern Hamilton *Putnam C.T. 27±28 Service Area: West Middletown Population Group: Med IndÐPutnam Co C.T. 31±37 Clark Richland C.T. 39 Service Area: Southwest Side (Springfield) Population Group: Med IndÐRichland Co East & Lower Price Hill/S Fairmont Clermont *Ross CountyÐHamilton Service Area: Eastern Clermont Facility: Ross Corr Ins Parts: Columbiana Facility: Ross Corr. I. C.T. 87 Service Area: East Liverpool (OH/PA/WV) *Sandusky C.T. 89 *Coshocton Population Group: Low Inc/MFWÐSan- C.T. 91±96 Population Group: Med IndÐCoshocton dusky Co C.T. 103 Co *Scioto East Cleveland Cuyahoga Population Group: Med IndÐScioto Co CountyÐCuyahoga Service Area: East Cleveland Facility: Southern Ohio Corr. I. Parts: Service Area: Hough/Norwood/Glenville *Seneca C.T. 1501 Service Area: Lee Miles (Cleveland) Population Group: Med IndÐSeneca Co C.T. 1503±1504 Service Area: Western Collinwood Summit C.T. 1511±1518 Population Group: Med IndÐNear West/ Service Area: Akron (Southeast Side) East End (Cincinnati) Westside/Edgewater Trumbull CountyÐHamilton Population Group: MedicaidÐClark-Fulton/ Service Area: Orwell Parts: Denison/Tremont Service Area: The Flats (Warren) C.T. 43±44 Population Group: Medicaid PopÐCentral/ *Tuscarawas C.T. 47.02 Fairfax/Kinsman Service Area: Freeport East Liverpool (OH/PA/WV) *Fayette *Vinton CountyÐColumbiana Franklin Washington Parts: Service Area: Lower Linden (N.E. Colum- Service Area: New Matamoras Center Twp bus) East Liverpool City Service Area: Near North/University PRIMARY MEDICAL CARE: Ohio Elk Run Twp Service Area: Near Southside (Columbus) Service Area Listing Franklin Twp Population Group: Low IncÐFranklinton Hanover Twp (Columbus) Service Area Name Liverpool Twp *Guernsey Akron (Southeast Side) Madison Twp Service Area: Cambridge CountyÐSummit Middleton Twp Service Area: Freeport Parts: St. Clair Twp Hamilton C.T. 5014 Unity Twp Service Area: East & Lower Price Hill/S C.T. 5031±5035 Washington Twp Fairmont C.T. 5038 Wayne Twp Service Area: East End (Cincinnati) Cadiz/Scio/Hopedale Wellsville City Service Area: West End (Cincinnati) CountyÐHarrison Yellow Creek Twp Service Area: Winton Hills (Cincinnati) Parts: CountyÐJefferson 51576 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Ohio PRIMARY MEDICAL CARE: Ohio PRIMARY MEDICAL CARE: Ohio Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name Parts: C.T. 7.30 C.T. 10 Brush Creek Twp C.T. 9.10 C.T. 11.01±11.02 Saline Twp C.T. 9.20 C.T. 12 East Toledo C.T. 14±15 The Flats (Warren) CountyÐLucas C.T. 75.11±75.12 CountyÐTrumbull Parts: C.T. 75.20 Parts: C.T. 46 Near North/University C.T. 9205±9207 C.T. 47.01±47.02 CountyÐFranklin West Dayton C.T. 48±53 Parts: CountyÐMontgomery Eastern Clermont C.T. 10 Parts: CountyÐClermont C.T. 11.10 C.T. 2±4 Parts: C.T. 12±13 C.T. 6±7 Batavia Twp. C.T. 16±17 C.T. 9±10 Franklin Twp. C.T. 18.10 C.T. 13 Goshen Twp. C.T. 18.20 C.T. 35±42 Jackson Twp. C.T. 20 C.T. 44±45 Monroe Twp. C.T. 20±22 C.T. 602±603 Ohio Twp. C.T. 32 C.T. 702.01±702.02 Pierce Twp. Near Southside (Columbus) C.T. 703 Stonelick Twp. CountyÐFranklin West End (Cincinnati) Tate Twp. Parts: CountyÐHamilton Washington Twp. C.T. 54.20 Parts: Wayne Twp. C.T. 55 C.T. 2 Williamsburg Twp. C.T. 56.10 C.T. 3.01±3.02 Eastern Hamilton C.T. 56.20 C.T. 4 CountyÐButler C.T. 58.20 C.T. 8 Parts: C.T. 59±61 C.T. 14±15 C.T. 3±4 C.T. 87.10 West Middletown C.T. 6 C.T. 87.20 CountyÐButler C.T. 7.01±7.02 C.T. 87.30 Parts: Eastside Youngstown C.T. 87.40 C.T. 128±132 CountyÐMahoning Near Southside Toledo C.T. 140 Parts: CountyÐLucas Western Collinwood C.T. 8001±8007 Parts: CountyÐCuyahoga C.T. 8040 C.T. 38 Parts: Freeport C.T. 40±42 C.T. 1169 CountyÐGuernsey C.T. 54 C.T. 1171.01±1171.02 Parts: New Matamoras C.T. 1172.01±1172.02 Londonderry Twp CountyÐMonroe C.T. 1173±1175 Madison Twp Parts: C.T. 1179 Washington Twp Benton Twp C.T. 1261 CountyÐHarrison Jackson Twp Winton Hills (Cincinnati) Parts: CountyÐWashington CountyÐHamilton Freeport Twp Parts: Parts: Moorefield Twp Grandview Twp C.T. 80 Nottingham Twp Independence Twp Woodsfield Washington Twp Liberty Twp CountyÐMonroe CountyÐTuscarawas Ludlow Twp Parts: Parts: Orwell Adams Twp Perry Twp CountyÐAshtabula Bethel Twp Hough/Norwood/Glenville Parts: Center Twp CountyÐCuyahoga Colebrook Twp Franklin Twp Parts: Hartsgrove Twp Green Twp C.T. 1112±1113 Morgan Twp Lee Twp C.T. 1114.01±1114.02 New Lyme Twp Malaga Twp C.T. 1115±1118 Orwell Twp Ohio Twp C.T. 1119.01±1119.02 Rome Twp Perry Twp C.T. 1121±1128 Trumbull Twp Salem Twp C.T. 1161±1168 Windsor Twp Seneca Twp C.T. 1181±1185 CountyÐTrumbull Summit Twp C.T. 1186.01±1186.02 Parts: Sunsbury Twp C.T. 1189 Bloomfield Twp Switzerland Twp Lee Miles (Cleveland) Greene Twp Washington Twp CountyÐCuyahoga Gustavus Twp Wayne Twp Parts: Kinsman Twp C.T. 1217±1219 Mesopotamia Twp PRIMARY MEDICAL CARE: Ohio C.T. 1221±1223 Southwest Side (Springfield) Population Group Listing Lower Linden (N.E. Columbus) CountyÐClark CountyÐFranklin Parts: Population Group Parts: C.T. 1±3 Low IncÐFranklinton (Columbus) C.T. 7.10 C.T. 8 CountyÐFranklin C.T. 7.20 C.T. 9.01±9.02 Parts: Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51577
PRIMARY MEDICAL CARE: Ohio PRIMARY MEDICAL CARE: Ohio PRIMARY MEDICAL CARE: Oklahoma Population Group Listing Population Group Listing County Listing
Population Group Population Group County Name C.T. 41±44 C.T. 1129 Service Area: Konawa C.T. 50±51 C.T. 1131±1139 *Pushmataha Low Inc/MFWÐSandusky Co C.T. 1141±1145 Service Area: Finley-Rattan/Antlers CountyÐSandusky C.T. 1147±1148 *Roger Mills Parts: Pov PopÐLawrence Co Rogers Low Income CountyÐLawrence Service Area: Chelsea/New Alluwe MFW Parts: *Seminole Med IndÐAthens Co Pov Pop Service Area: Konawa CountyÐAthens Sequoyah Parts: PRIMARY MEDICAL CARE: Ohio *Texas Medically Indigent Facility Listing Service Area: Texoma Med IndÐCoshocton Co *Tillman CountyÐCoshocton Facility Name Tulsa Parts: Ross Corr Ins Service Area: North Tulsa Medically Indigent CountyÐRoss Population Group: Am InÐTulsa Med IndÐHenry Co Ross Corr. I. *Washita CountyÐHenry CountyÐRoss Service Area: Southwest Washita Parts: Southern Ohio Corr. I. *Woods Medically Indigent CountyÐScioto Population Group: Low IncÐWoods/Alfalfa Med IndÐHighland Co CountyÐHighland PRIMARY MEDICAL CARE: Oklahoma PRIMARY MEDICAL CARE: Oklahoma Parts: County Listing Service Area Listing Medically Indigent Med IndÐHocking Co County Name Service Area Name CountyÐHocking *Adair Allen Parts: *Alfalfa CountyÐHughes Medically Indigent Population Group: Low IncÐWoods/Alfalfa Parts: Med IndÐNear West/Westside/Edgewater *Atoka (g) South Hughes CCD CountyÐCuyahoga Facility: Stringtown Corr. C. CountyÐPontotoc Parts: *Beaver Parts: C.T. 1011.01±1011.02 *Blaine Northeast Pontotoc CCD C.T. 1012±1019 Service Area: Watonga Chelsea/New Alluwe C.T. 1021.01 *Bryan CountyÐNowata C.T. 1022±1026 *Caddo Parts: C.T. 1031±1039 Canadian Alluwe CCD Med IndÐPortage Co Facility: FCI El Reno CountyÐRogers CountyÐPortage *Choctaw Parts: Parts: Cleveland Chelsea CCD Medically Indigent Facility: Lexington Corr. C. Finley-Rattan/Antlers Med IndÐPutnam Co *Coal CountyÐPushmataha CountyÐPutnam Creek Parts: Parts: Population Group: Low IncÐMounds Antlers CCD Medically Indigent *Dewey Finley-Rattan CCD Med IndÐRichland Co Service Area: Vici/Dewey South Konawa CountyÐRichland *Haskell CountyÐPottawatomie Parts: *Hughes Parts: Medically Indigent Service Area: Allen Maud CCD Med IndÐScioto Co *Jackson Wanette-Asher CCD CountyÐScioto *Johnston CountyÐSeminole Parts: *Latimer Parts: Medically Indigent *Le Flore Konawa CCD Med IndÐSeneca Co *Lincoln Seminole South CCD CountyÐSeneca Logan Luther Parts: *Marshall CountyÐOklahoma Medically Indigent *Mayes Parts: MedicaidÐClark-Fulton/Denison/Tremont McClain C.T. 1081.01 CountyÐCuyahoga *McCurtain C.T. 1081.03 Parts: *McIntosh C.T. 1089±1090 C.T. 1027±1029 *Nowata N.E. Oklahoma Co C.T. 1041±1042 Service Area: Chelsea/New Alluwe CountyÐOklahoma C.T. 1042.99±1043.00 Service Area: Nowata Parts: C.T. 1044±1049 *Okfuskee C.T. 1080.03 C.T. 1051±1055 Oklahoma C.T. 1080.05 C.T. 1056.01±1056.02 Service Area: Luther C.T. 1080.10±1080.11 Medicaid PopÐCentral/Fairfax/Kinsman Service Area: N.E. Oklahoma Co C.T. 1088.01 CountyÐCuyahoga *Okmulgee C.T. 1088.03±1088.04 Parts: Population Group: Low IncÐMounds North Tulsa C.T. 1079 *Pittsburg CountyÐTulsa C.T. 1087±1089 Service Area: Quinton Parts: C.T. 1091±1093 *Pontotoc C.T. 2±10 C.T. 1096±1099 Service Area: Allen C.T. 12±14 C.T. 1101±1103 Pottawatomie C.T. 57 51578 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Oklahoma PRIMARY MEDICAL CARE: Oregon PRIMARY MEDICAL CARE: Oregon Service Area Listing County Listing County Listing
Service Area Name County Name County Name C.T. 62 Service Area: Halfway Service Area: Boardman C.T. 79 *Benton Multnomah C.T. 80.01±80.02 Service Area: Alsea Population Group: Low Inc/HomelessÐ C.T. 91.01 Service Area: Junction City/Harrisburg/ Burnside(Portland) Nowata Monroe Polk CountyÐNowata Clackamas Service Area: Willamina/Grand Ronde Parts: Service Area: Estacada Population Group: Low Inc/MFWÐMarion/ Lenapah-Delaware CCD Service Area: Mt. Hood Polk Nowata CCD Population Group: MSFWÐClackamas *Sherman South Coffeyville-Wann CCD *Columbia Service Area: Moro/Grass Valley Quinton Service Area: Clatskanie Service Area: Wasco CountyÐPittsburg Service Area: Vernonia *Tillamook Parts: *Coos Service Area: Pacific City/Cloverdale Quinton CCD Service Area: Powers Population Group: Low IncÐTillamook Southwest Washita *Curry *Umatilla CountyÐWashita Service Area: Port Orford Population Group: MSFWÐUmatilla Parts: Population Group: Low IncÐBrookings Facility: E Oregon Corr I Southwest Washita CCD *Douglas *Union Texoma Service Area: Drain/Yoncalla Service Area: Cove/Union CountyÐTexas Population Group: Med IndÐRoseburg Service Area: Elgin Parts: *Gilliam *Wasco West Texas CCD Service Area: Arlington Service Area: Maupin/Dufur Vici/Dewey South Service Area: Condon Population Group: MSFWÐHood River CountyÐDewey *Grant (OR/WA) Parts: *Harney Washington Dewey South CCD *Hood River Population Group: MSFWÐWashington Vici CCD Population Group: MSFWÐHood River *Wheeler Watonga (OR/WA) Service Area: Fossil CountyÐBlaine Jackson Service Area: Mitchell Parts: Service Area: Rogue River Yamhill Geary CCD Service Area: Shady Cove Population Group: MSFWÐYamhill Watonga CCD Population Group: Med IndÐMedford Facility: FCI Sheridan Population Group: MSFWÐJackson Co. PRIMARY MEDICAL CARE: Oklahoma *Josephine PRIMARY MEDICAL CARE: Oregon Population Group Listing Service Area: Applegate-Williams Service Area Listing Service Area: Cave Junction Population Group Population Group: Med IndÐGrants Pass Service Area Name Am InÐTulsa *Klamath Alsea CountyÐTulsa Service Area: Bly CountyÐBenton Parts: Service Area: Chiloquin Parts: American Indian Population Group: Med Ind/MFWÐKlam- Southwest Benton CCD Low IncÐMounds ath Falls Applegate-Williams CountyÐCreek *Lake CountyÐJosephine Parts: Service Area: Silver Lake Parts: C.T. 215 Lane Williams CCD CountyÐOkmulgee Service Area: Junction City/Harrisburg/ Arlington Parts: Monroe CountyÐGilliam Beggs Division Service Area: Lowell Parts: Low IncÐWoods/Alfalfa Service Area: McKenzie Arlington Div. CountyÐAlfalfa Service Area: Oakridge Bly Parts: Service Area: Triangle Lake/Swisshome CountyÐKlamath Low Income Service Area: Veneta Parts: CountyÐWoods Population Group: Low IncÐFlorence Langell CCD Parts: *Lincoln Boardman Low Inc Population Group: Low IncÐDe Lake CountyÐMorrow *Linn Parts: PRIMARY MEDICAL CARE: Oklahoma Service Area: Junction City/Harrisburg/ Boardman CCD Facility Listing Monroe Cave Junction Service Area: Mill City/Gates/Detroit CountyÐJosephine Facility Name *Malheur Parts: FCI El Reno Service Area: Jordan Valley Cave Junction CCD CountyÐCanadian Service Area: Nyssa (OR/ID) Wilderville CCD Lexington Corr. C. Service Area: Vale Chiloquin CountyÐCleveland Population Group: MSFWÐN. Treasure CountyÐKlamath Stringtown Corr. C. Valley (ID/OR) Parts: CountyÐAtoka Facility: Snake River Corr. I. Chiloquin CCD Marion Cresent Lake CCD PRIMARY MEDICAL CARE: Oregon Service Area: Mill City/Gates/Detroit Clatskanie County Listing Population Group: Low Inc/MFWÐMarion/ CountyÐColumbia Polk Parts: County Name Facility: State Corr. I. Clatskanie CCD *Baker *Morrow Marshland CCD Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51579
PRIMARY MEDICAL CARE: Oregon PRIMARY MEDICAL CARE: Oregon PRIMARY MEDICAL CARE: Oregon Service Area Listing Service Area Listing Population Group Listing
Service Area Name Service Area Name Population Group Condon Mt. Hood Low IncÐBrookings CountyÐGilliam CountyÐClackamas CountyÐCurry Parts: Parts: Parts: Brookings CCD Condon Div. Mt. Hood CCD Harbor CCD Cove/Union Nyssa (OR/ID) CountyÐUnion Low IncÐDe Lake CountyÐMalheur CountyÐLincoln Parts: Parts: Cove CCD Parts: Adrian CCD De Lake CCD Union CCD Nyssa CCD Drain/Yoncalla Depoe CCD Owyhee CCD Low IncÐFlorence CountyÐDouglas Oakridge Parts: CountyÐLane CountyÐLane Parts: Elkton-Drain CCD Parts: Kellogg-Yoncalla CCD North Siuslaw CCD Oakridge CCD Elgin South Siuslaw CCD Pacific City/Cloverdale CountyÐUnion Low IncÐTillamook CountyÐTillamook Parts: CountyÐTillamook Elgin CCD Parts: Parts: Estacada Beaver CCD Bay City CCD CountyÐClackamas Neskowin CCD Tillamook CCD Parts: Port Orford Low Inc/HomelessÐBurnside(Portland) Estacada CCD CountyÐCurry CountyÐMultnomah Fossil Parts: Parts: CountyÐWheeler Port Orford CCD C.T. 21 Parts: Powers C.T. 51 Fossil CCD CountyÐCoos Low Inc/MFWÐMarion/Polk Halfway Parts: CountyÐMarion CountyÐBaker Powers Div. Parts: Parts: Rogue River Low Income/MFW Eagle Valley CCD CountyÐJackson CountyÐPolk Halfway CCD Parts: Parts: Jordan Valley Northwest Jackson CCD Low Inc/MFW CountyÐMalheur Sams Valley CCD Med IndÐGrants Pass Parts: Shady Cove CountyÐJosephine Jordan CCD CountyÐJackson Parts: C.T. 3604±3608 Junction City/Harrisburg/Monroe Parts: C.T. 3610±3613 CountyÐBenton Butte Falls-Prospect CCD Med IndÐMedford Parts: Shady Cove CCD CountyÐJackson Southeast Benton CCD (S. 1/2) Silver Lake Parts: CountyÐLane CountyÐLake Medford Div Parts: Parts: Junction City CCD Med IndÐRoseburg Silver Lake-Ft Rock CCD CountyÐDouglas CountyÐLinn Triangle Lake/Swisshome Parts: Parts: CountyÐLane Harrisburg CCD (S. 1/2) Calapooia CCD Parts: Lowell Melrose CCD Mid. Siuslaw/Tri-Lake CCD CountyÐLane Roseburg CCD Parts: Vale Tenmile CCD Lowell CCD CountyÐMalheur Med Ind/MFWÐKlamath Falls Maupin/Dufur Parts: CountyÐKlamath CountyÐWasco Brogan CCD Parts: Parts: Juntura CCD Keno CCD Dufur CCD Vale CCD Klamath Falls CCD McKenzie West Vale CCD Malin CCD CountyÐLane Veneta Merrill CCD Parts: CountyÐLane MSFWÐClackamas McKenzie CCD Parts: CountyÐClackamas Mill City/Gates/Detroit Veneta City Parts: CountyÐLinn C.T. 8.98 MSFW Parts: C.T. 9.02 MSFWÐHood River (OR/WA) Mill City CCD Vernonia CountyÐHood River CountyÐMarion CountyÐColumbia Parts: Parts: Parts: MSFW Mill City CCD Vernonia CCD CountyÐWasco Mitchell Wasco Parts: CountyÐWheeler CountyÐSherman MSFW Parts: Parts: MSFWÐJackson Co. Mitchell CCD Wasco CCD CountyÐJackson Moro/Grass Valley Willamina/Grand Ronde Parts: CountyÐSherman CountyÐPolk MSFW Parts: Parts: MSFWÐN. Treasure Valley (ID/OR) Moro CCD Willamina CCD CountyÐMalheur 51580 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Oregon PRIMARY MEDICAL CARE: Pennsylvania PRIMARY MEDICAL CARE: Pennsylvania Population Group Listing County Listing County Listing
Population Group County Name County Name Parts: Population Group: Med IndÐWelsh Moun- Service Area: Mt. Union MSFW tain Monroe MSFWÐUmatilla *Clarion Service Area: Mount Pocono CountyÐUmatilla Service Area: Armstrong-Clarion Service Area: South Monroe Parts: Service Area: New Bethlehem/Hawthorn *Northumberland MSFW *Clearfield Service Area: Herndon MSFWÐWashington Service Area: Coalport Service Area: Millersburg CountyÐWashington Service Area: Mahaffey Service Area: Shamokin Parts: Service Area: Snow Shoe Perry MSFW *Clinton Service Area: Millerstown MSFWÐYamhill Service Area: Renovo Philadelphia CountyÐYamhill Service Area: Snow Shoe Service Area: Pennsport Parts: *Crawford Service Area: South Philadelphia MSFW Service Area: Conneautville Service Area: Upper N. Philadelphia Service Area: Union City (PA/NY) Service Area: Woodland PRIMARY MEDICAL CARE: Oregon Population Group: Med IndÐTitusville *Pike Facility Listing Dauphin Service Area: Tafton Service Area: Millersburg *Potter Facility Name Population Group: Med IndÐHarrisburg Service Area: Coudersport E Oregon Corr I Delaware Service Area: Westfield CountyÐUmatilla Population Group: MedicaidÐCity of Ches- *Schuylkill FCI Sheridan ter Service Area: Shamokin CountyÐYamhill *Elk Facility: FCI Schuylkill Snake River Corr. I. Service Area: Marienville *Snyder CountyÐMalheur Erie Service Area: McClure State Corr. I. Service Area: Union City (PA/NY) Service Area: Middleburg CountyÐMarion Population Group: Med IndÐErie City Somerset Fayette Service Area: Confluence PRIMARY MEDICAL CARE: Pennsylvania Service Area: Greensboro Service Area: Indian Lake County Listing Service Area: Markleysburg *Sullivan Service Area: Republic Service Area: La Porte County Name *Forest *Susquehanna Adams Service Area: Marienville Service Area: Montrose Population Group: MFWÐAdams/Franklin Service Area: Tionesta *Tioga Allegheny *Franklin Service Area: Blossburg Service Area: Arlington Heights/St Clair Population Group: MFWÐAdams/Franklin Service Area: Coudersport Service Area: Homewood-Brushton *Fulton Service Area: Elkland (NY/PA) Service Area: Manchester Service Area: Broad Top/Cromwell Service Area: Mansfield Service Area: McKees Rocks-Stowe Service Area: Hancock (MD/PA/WV) Service Area: Westfield Service Area: North Braddock *Greene *Union Service Area: South Braddock Service Area: Clay/Battelle (WV/PA) Population Group: InmatesÐLSCI Service Area: West End Pittsburgh Service Area: Greensboro Allenwood Population Group: Low IncÐHill District Population Group: Pov PopÐWestern Population Group: InmatesÐFPC Population Group: Low IncÐMckeesport Greene Allenwood Population Group: Pov PopÐEast Liberty *Huntingdon Facility: MSCi Allenwood *Armstrong Service Area: Big Valley Facility: USP Allenwood Service Area: Armstrong-Clarion Service Area: Broad Top/Cromwell Facility: USP Lewisburg Service Area: Dayton/Rural Valley Service Area: Mt. Union *Venango Service Area: Kiski Valley *Indiana Service Area: Tionesta Service Area: New Bethlehem/Hawthorn Service Area: Dayton/Rural Valley Population Group: Med IndÐTitusville Service Area: Northeast Butler Service Area: Nanty-Glo *Warren Beaver Service Area: North Indiana Service Area: Union City (PA/NY) Service Area: East Liverpool (OH/PA/WV) Service Area: Punxsutawney Population Group: Med IndÐTitusville *Bedford *Jefferson *Wayne Service Area: Broad Top/Cromwell Service Area: Punxsutawney Service Area: Northern Wayne Service Area: Pleasantville *Juniata Westmoreland Berks Service Area: Middleburg Service Area: Kiski Valley Population Group: Med IndÐWelsh Moun- Service Area: Millerstown York tain Lancaster Service Area: York Blair Population Group: Low IncÐSe Lancaster Service Area: Pleasantville Population Group: Med IndÐWelsh Moun- PRIMARY MEDICAL CARE: Pennsylvania *Bradford tain Service Area Listing Service Area: La Porte *McKean Butler Service Area: Coudersport Service Area Name Service Area: Northeast Butler Facility: FCI Mckean Arlington Heights/St Clair Cambria Mercer CountyÐAllegheny Service Area: Coalport Service Area: Stoneboro Parts: Service Area: Nanty-Glo Population Group: MedicaidÐSharon/ C.T. 1603±1604 *Cameron Farrell C.T. 1606 Centre *Mifflin Armstrong-Clarion Service Area: Snow Shoe Service Area: Big Valley CountyÐArmstrong Chester Service Area: McClure Parts: Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51581
PRIMARY MEDICAL CARE: Pennsylvania PRIMARY MEDICAL CARE: Pennsylvania PRIMARY MEDICAL CARE: Pennsylvania Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name Brady's Bend Twp. Clay/Battelle (WV/PA) Oswayo Twp Madison Twp. CountyÐGreene Pike Twp Perry Twp. Parts: Pleasant Valley Twp Sugarcreek Twp. Freeport Twp. Portage Twp Washington Twp. Gilmore Twp. Roulette Twp CountyÐClarion Springhill Twp. Sharon Twp Parts: Wayne Twp. Shinglehouse Boro Brady Twp. Coalport Stewardson Twp East Brady Boro. CountyÐCambria Summit Twp Madison Twp. Parts: Sweden Twp Rimersburg Boro. Reade Twp. Sylvania Twp Big Valley White Twp. Ulysses Boro CountyÐHuntingdon CountyÐClearfield Ulysses Twp Parts: Parts: West Branch Twp Barree Twp. Beccaria Twp. Wharton Twp Jackson Twp. Bigler Twp. CountyÐTioga Miller Twp. Chest Twp. Parts: CountyÐMifflin Coalport Boro. Gaines Twp Parts: Glen Hope Boro. Dayton/Rural Valley Armagh Twp. Gulich Twp. CountyÐArmstrong Brown Twp. Irvona Boro. Parts: Menno Twp. Jordan Twp. Atwood Boro Union Twp. Ramey Boro. Cowanshannock Twp Blossburg Westover Boro. Dayton Boro CountyÐTioga Confluence Elderton Boro Parts: CountyÐSomerset Plumcreek Twp Bloss Twp. Parts: Rural Valley Boro Blossburg Boro. Addison Boro. Wayne Twp Covington Twp. Addison Twp. CountyÐIndiana Duncan Twp. Casselman Boro. Parts: Hamilton Twp. Confluence Boro. Plumville Boro Liberty Boro. Lower Turkeyfoot Twp. South Mahoning Twp Liberty Twp. Upper Turkeyfoot Twp. Dry Run Putnam Twp. Ursina Boro. East Liverpool (OH/PA/WV) Union Twp. Conneautville CountyÐBeaver Ward Twp. CountyÐCrawford Parts: Broad Top/Cromwell Parts: Georgetown Boro CountyÐBedford Beaver Twp. Glasgow Boro Parts: Conneaut Twp. Greene Twp Broad Top Twp Conneautville Boro. Hookstown Boro Coaldale Boro Spring Twp. Ohioville Boro Hopewell Boro Springboro Boro. Elkland (NY/PA) Hopewell Twp Summerhill Twp. CountyÐTioga Liberty Twp Coudersport Parts: Saxton Boro CountyÐMcKean Deerfield Twp. CountyÐFulton Parts: Elkland Boro. Parts: Annin Twp Elkland Twp. Dublin Twp Ceres Twp Farmington Twp. Taylor Twp Eldred Boro Knoxville Boro. Wells Twp Eldred Twp Nelson Twp. CountyÐHuntingdon Keating Twp Osceola Twp. Parts: Liberty Twp Greensboro Broad Top City Boro Norwich Twp CountyÐFayette Carbon Twp Otto Twp Parts: Cass Twp Port Allegany Boro German Twp. Cassville Boro Smethport Boro Masontown Boro. Clay Twp CountyÐPotter Nicholson Twp. Coalmont Boro Parts: Point Marion Boro. Cromwell Twp Abbott Twp Springhill Twp. Dublin Twp Allegany Twp CountyÐGreene Dudley Boro Austin Boro Parts: Hopewell Twp Bingham Twp Dunkard Twp. Lincoln Twp Clara Twp Greene Twp. Orbisonia Boro Coudersport Boro Greensboro Boro. Rockhill Furnace Boro East Fork Dist Monongahela Twp. Saltillo Boro Eulalia Twp Hancock (MD/PA/WV) Shade Gap Boro Galeton Boro CountyÐFulton Springfield Twp Genesee Twp Parts: Tell Twp Hebron Twp Bethel Twp. Three Springs Boro Homer Twp Thompson Twp. Todd Twp Keating Twp Union Twp. Wood Twp Oswayo Boro Herndon 51582 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Pennsylvania PRIMARY MEDICAL CARE: Pennsylvania PRIMARY MEDICAL CARE: Pennsylvania Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name CountyÐNorthumberland Ferguson Twp. Freeburg Boro. Parts: Greenwood Twp. Middleburg Boro. Herndon Boro. Mahaffey Boro. Perry Twp. Jackson Twp. New Washington Boro. Union Twp. Jordan Twp. Newburg Boro. Washington Twp. Washington Twp. Manchester West Perry Twp. Homewood-Brushton CountyÐAllegheny Millersburg CountyÐAllegheny Parts: CountyÐDauphin Parts: C.T. 2107 Parts: C.T. 1207 C.T. 2503 Berrysburg Boro. C.T. 1301±1306 C.T. 2507±2508 Elizabethville Boro. C.T. 5604 Mansfield Gratz Boro. C.T. 5606 CountyÐTioga Halifax Boro. C.T. 5611±5612 Parts: Halifax Twp. Indian Lake Jackson Twp Jackson Twp. CountyÐSomerset Lawrence Twp Jefferson Twp. Parts: Lawrenceville Boro Lykens Twp. Central City Boro Mansfield Boro Lykens Boro. Indian Lake Boro Richmond Twp Mifflin Twp. Shade Twp Roseville Boro Millersburg Boro. Shanksville Boro Rutland Twp Pillow Boro. Stonycreek Twp Sullivan Twp Reed Twp. Kiski Valley Tioga Boro Rush Twp. CountyÐArmstrong Tioga Twp Upper Paxton Twp. Parts: Marienville Washington Twp. Apollo Boro CountyÐElk Wayne Twp. Bethel Twp Parts: Wiconisco Twp. Burrell Twp Millstone Twp. Williams Twp. Gilpin Twp CountyÐForest Williamstown Boro. Kiskiminetas Twp Parts: CountyÐNorthumberland Leechburg Boro Barnett Twp. Parts: North Apollo Boro Green Twp. Lower Mahanoy Twp. Parks Twp Howe Twp. Millerstown South Bend Twp Jenks Twp. CountyÐJuniata CountyÐWestmoreland Kingsley Twp. Parts: Parts: Markleysburg Delaware Twp Allegheny Twp CountyÐFayette Greenwood Twp Avonmore Boro Parts: Thompsontown Boro Bell Twp Henry Clay Twp. CountyÐPerry East Vandergrift Boro Markleysburg Boro. Parts: Hyde Park Boro Ohiopyle Boro. Buffalo Twp Oklahoma Boro Stewart Twp. Greenwood Twp Vandergrift Boro Wharton Twp. Howe Twp Washington Twp McClure Liverpool Boro West Leechburg Boro CountyÐMifflin Liverpool Twp La Porte Parts: Millerstown Boro CountyÐBradford Decatur Twp. Newport Boro Parts: CountyÐSnyder Oliver Twp Albany Twp Parts: Tuscarora Twp New Albany Boro Adams Twp. Montrose Overton Twp McClure Boro. CountyÐSusquehanna Wilmot Twp Spring Twp. Parts: CountyÐSullivan West Beaver Twp. Auburn Twp. Parts: McKees Rocks-Stowe Bridgewater Twp. Cherry Twp CountyÐAllegheny Brooklyn Twp. Colley Twp Parts: Dimock Twp. Davidson Twp C.T. 4621 Forest Lake Twp. Dushore Boro C.T. 4626 Franklin Twp. Eagles Mere Boro C.T. 4639 Harford Twp. Elkland Twp C.T. 4644 Hop Bottom Boro. Forks Twp Middleburg Jessup Twp. Forksville Boro CountyÐJuniata Lathrop Twp. Hillsgrove Twp Parts: Lenox Twp. La Porte Boro Monroe Twp. Liberty Twp. La Porte Twp Susquehanna Twp. Montrose Boro. Shrewsbury Twp CountyÐSnyder Rush Twp. Mahaffey Parts: Silver Lake Twp. CountyÐClearfield Beaver Twp. Springville Twp. Parts: Beavertown Boro. Mount Pocono Bell Twp. Centre Twp. CountyÐMonroe Burnside Boro. Chapman Twp. Parts: Burnside Twp. Franklin Twp. Barrett Twp Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51583
PRIMARY MEDICAL CARE: Pennsylvania PRIMARY MEDICAL CARE: Pennsylvania PRIMARY MEDICAL CARE: Pennsylvania Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name Coolbaugh Twp Parts: Renovo Mount Pocono Boro Hovey Twp. CountyÐClinton Paradise Twp Parker City Parts: Tobyhanna Twp CountyÐButler Chapman Twp Tunkhannock Twp Parts: East Keating Twp Mt. Union Allegheny Twp. Grugan Twp CountyÐHuntingdon Bruin Boro. Leidy Twp Parts: Cherry Valley Boro. Noyes Twp Mapleton Boro Concord Twp. Renovo Boro Mill Creek Boro Eau Claire Boro. South Renovo Boro Mount Union Boro Fairview Boro. Republic Shirley Twp Fairview Twp. CountyÐFayette Shirleysburg Boro Karns City Boro. Parts: Union Twp Parker Twp. Brownsville Twp CountyÐMifflin Petrolia Boro. Brownsville Boro Parts: Venango Twp. Luzerne Twp Bratton Twp Washington Twp. Redstone Twp Kistler Boro Northern Wayne Shamokin McVeytown Boro CountyÐWayne CountyÐNorthumberland Newton Hamilton Boro Parts: Parts: Oliver Twp Buckingham Twp. Coal Twp Wayne Twp Damascus Twp. East Cameron Twp Nanty±Glo Lebanon Twp. Herndon Boro CountyÐCambria Manchester Twp. Jackson Twp Parts: Mt. Pleasant Twp. Jordan Twp Barr Twp Preston Twp. Little Mahanoy Twp Blacklick Twp Scott Twp. Shamokin City Jackson Twp (Vinco) Starrucca Boro. Shamokin Twp Nanty-Glo Boro Pennsport Upper Mahanoy Twp Vintondale Boro CountyÐPhiladelphia Washington Twp CountyÐIndiana Parts: West Cameron Twp Parts: C.T. 15 Zerbe Twp Armagh Boro C.T. 18 CountyÐSchuylkill Buffington Twp C.T. 23±28 Parts: East Wheatfield Twp Pleasantville Eldred Twp Pine Twp CountyÐBedford Hubley Twp West Wheatfield Twp Parts: Upper Mahantongo Twp New Bethlehem/Hawthorn East St. Clair Twp. Snow Shoe CountyÐArmstrong Kimmel Twp. CountyÐCentre Parts: King Twp. Parts: Mahoning Twp Lincoln Twp. Boggs Twp Redbank Twp Pleasantville Boro. Burnside Twp South Bethlehem Boro Union Twp. Curtin Twp CountyÐClarion West St. Clair Twp. Howard Boro Parts: CountyÐBlair Howard Twp Hawthorn Boro Parts: Liberty Twp New Bethlehem Boro Greenfield Twp. Snow Shoe Boro Porter Twp Punxsutawney Snow Shoe Twp Redbank Twp CountyÐIndiana Union Twp North Braddock Parts: Unionville Boro CountyÐAllegheny Banks Twp CountyÐClearfield Parts: Canoe Twp Parts: C.T. 5041 Glen Campbell Boro Cooper Twp C.T. 5100 North Mahoning Twp Covington Twp C.T. 5120 Smicksburg Boro Karthaus Twp C.T. 5128±5129 West Mahoning Twp CountyÐClinton C.T. 5138 CountyÐJefferson Parts: C.T. 5140 Parts: Beech Creek Boro C.T. 5151 Beaver Twp Beech Creek Twp C.T. 5153 Bell Twp West Keating Twp North Indiana Big Run Boro South Braddock CountyÐIndiana Gaskill Twp CountyÐAllegheny Parts: Henderson Twp Parts: Cherry Tree Boro. McCalmont Twp C.T. 4824 East Mahoning Twp. Oliver Twp C.T. 4838 Grant Twp. Perry Twp C.T. 4843 Green Twp. Porter Twp C.T. 4850 Marion Center Boro. Punxsutawney Boro C.T. 4867±4869 Montgomery Twp. Ringgold Twp C.T. 4882 Rayne Twp. Timblin Boro South Monroe Northeast Butler Worthville Boro CountyÐMonroe CountyÐArmstrong Young Twp Parts: 51584 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Pennsylvania PRIMARY MEDICAL CARE: Pennsylvania PRIMARY MEDICAL CARE: Pennsylvania Service Area Listing Service Area Listing Population Group Listing
Service Area Name Service Area Name Population Group Chestnuthill Twp Parts: CountyÐErie Eldred Twp C.T. 2004 Parts: Polk Twp C.T. 2017±2022 C.T. 1±30 Ross Twp C.T. 2024 Med IndÐHarrisburg South Philadelphia C.T. 2807±2808 CountyÐDauphin CountyÐPhiladelphia C.T. 2814 Parts: Parts: C.T. 2816 C.T. 201±217 C.T. 13±14 Westfield Med IndÐTitusville C.T. 19±22 CountyÐPotter CountyÐCrawford C.T. 30±34 Parts: Parts: C.T. 36 Harrison Twp. Athens Twp C.T. 46 Hector Twp. Centerville Boro Stoneboro CountyÐTioga Hydetown Boro CountyÐMercer Parts: Oil Creek Twp Parts: Brookfield Twp. Rome Twp Coolspring Twp Chatham Twp. Steuben Twp Deer Creek Twp Clymer Twp. Titusville City Fairview Twp Westfield Boro. Townville Boro Fredonia Boro Westfield Twp. Troy Twp French Creek Twp Fannet Twp CountyÐVenango Jackson Twp Parts: Parts: Jackson Center Boro Metal Twp Allegheny Twp Lake Twp Woodland Cherrytree Twp Mill Creek Twp CountyÐPhiladelphia Oilcreek Twp New Lebanon Boro Parts: Pleasantville Boro New Vernon Twp C.T. 63 Plum Twp Perry Twp C.T. 65±67 CountyÐWarren Sandy Lake Boro C.T. 69±74 Parts: Sandy Lake Twp C.T. 76±78 Eldred Twp Stoneboro Boro York Southwest Twp Tafton CountyÐYork Med IndÐWelsh Mountain CountyÐPike Parts: CountyÐBerks Parts: C.T. 1±3 Parts: Blooming Grove Twp. C.T. 5 Brecknock Twp Greene Twp. C.T. 7 Caernarvon Twp Lackawaxen Twp. C.T. 9±12 CountyÐChester Palmyra Twp. C.T. 15±16 Parts: Tionesta Honey Brook Boro CountyÐForest PRIMARY MEDICAL CARE: Pennsylvania Honey Brook Twp Parts: Population Group Listing CountyÐLancaster Harmony Twp Parts: Hickory Twp Population Group Adamstown Boro Tionesta Boro InmatesÐFPC Allenwood Akron Boro Tionesta Twp CountyÐUnion Brecknock Twp CountyÐVenango Parts: Caernarvon Twp Parts: FPC Allenwood Christiana Boro President Twp InmatesÐLSCI Allenwood Denver Boro Union City (PA/NY) CountyÐUnion Earl Twp CountyÐCrawford Parts: East Cocalico Twp Parts: LSCI Allenwood East Earl Twp Bloomfield Twp. Low IncÐHill District Ephrata Boro Rockdale Twp. CountyÐAllegheny Ephrata Twp Sparta Twp. Parts: Leacock Twp Spartansburg Boro. C.T. 305 New Holland Boro CountyÐErie C.T. 314 Paradise Twp Parts: C.T. 501±502 Sadsbury Twp C.T. 112.01 C.T. 506 Salisbury Twp C.T. 118.01±118.02 C.T. 508±511 Terre Hill Boro C.T. 119 Low IncÐMckeesport Upper Leacock Twp C.T. 120.01±120.02 CountyÐAllegheny West Earl Twp C.T. 121 Parts: MedicaidÐCity Of Chester CountyÐWarren C.T. 5010 CountyÐDelaware Parts: C.T. 5509 Parts: Columbus Twp. C.T. 5512 C.T. 4047±4048 Spring Creek Twp. C.T. 5519±5524 C.T. 4049.01±4049.02 Upper N. Philadelphia Low IncÐSe Lancaster C.T. 4050±4057 CountyÐPhiladelphia CountyÐLancaster C.T. 4058.01±4058.02 Parts: Parts: C.T. 4059±4060 C.T. 170±176 C.T. 1 C.T. 4064.02 C.T. 195±205 C.T. 7±9 MedicaidÐSharon/Farrell West End Pittsburgh C.T. 14±16 CountyÐMercer CountyÐAllegheny Med IndÐErie City Parts: Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51585
PRIMARY MEDICAL CARE: Pennsylvania PRIMARY MEDICAL CARE: Rhode Island PRIMARY MEDICAL CARE: South Carolina Population Group Listing Service Area Listing County Listing
Population Group Service Area Name County Name Farrell City C.T. 149 Service Area: St George Sharon City C.T. 151±153 Edgefield MFWÐAdams/Franklin C.T. 161 *Fairfield CountyÐAdams Northwest Providence Florence Parts: CountyÐProvidence Service Area: Johnsonville/Brittons Neck Migrant Farmworker Parts: Service Area: Lake City CountyÐFranklin Burrillville Twn. Service Area: Olanta Parts: Foster Twn. *Georgetown Migrant Farmworker Glocester Twn. Service Area: Andrews Pov PopÐEast Liberty Northwest Woonsocket Service Area: McClellanville/Sampit/Santee CountyÐAllegheny CountyÐProvidence Greenville Parts: Parts: Service Area: Slater-Marietta C.T. 818 C.T. 172 Population Group: Pov PopÐInner City C.T. 1016±1017 C.T. 174 Greenville C.T. 1102 C.T. 176 *Greenwood C.T. 1106 C.T. 178±183 Service Area: Ware Shoals/Hodges C.T. 1111 *Hampton (g) C.T. 1113±1115 PRIMARY MEDICAL CARE: Rhode Island Facility: FCI Estil C.T. 1201±1204 Population Group Listing Horry C.T. 1208 Service Area: Conway/Aynor Pov PopÐWestern Greene Population Group Service Area: Little River CountyÐGreene Low IncÐNewport Co *Jasper Parts: CountyÐNewport *Kershaw Aleppo Twp. Parts: Service Area: Bethune-Mt. Pisgah Center Twp. Low Income *Lancaster Franklin Twp. Low IncÐProvidence City *Laurens Gray Twp. CountyÐProvidence Service Area: Ware Shoals/Hodges Jackson Twp. Parts: *Lee Morris Twp. C.T. 1±23 Lexington Richhill Twp. C.T. 25±33 Service Area: Batesburg/Leesville Washington Twp. C.T. 35±37 Service Area: Pelion-Swansea Waynesburg Boro. Low IncÐWest Washington *Marion CountyÐWashington Service Area: Johnsonville/Brittons Neck PRIMARY MEDICAL CARE: Pennsylvania Parts: *Marlboro Facility Listing Charlestown Town *McCormick Exeter Town *Orangeburg Facility Name Hopkinton Town Service Area: Eastern Orangeburg FCI Mckean Richmond Town Service Area: North/Neeses/Norway CountyÐMcKean Population Group: Med IndÐOrangeburg FCI Schuylkill PRIMARY MEDICAL CARE: South Carolina Richland CountyÐSchuylkill County Listing Service Area: Eastover MSCi Allenwood Service Area: Eau Claire/Greenview CountyÐUnion County Name Facility: Manning Corr. I. USP Allenwood *Abbeville *Saluda CountyÐUnion Service Area: Abbeville/Calhoun Falls Spartanburg USP Lewisburg Service Area: Ware Shoals/Hodges Service Area: Woodruff/Enoree CountyÐUnion *Allendale Sumter Anderson Service Area: Olanta PRIMARY MEDICAL CARE: Rhode Island Population Group: Low IncÐAnderson Co Service Area: Sumter County Listing *Bamberg *Union *Barnwell *Williamsburg County Name *Beaufort York Newport Service Area: Sheldon Service Area: Western York Population Group: Low IncÐNewport Co Service Area: St. Helena Population Group: Pov PopÐSouth Rock Providence Berkeley Hill Service Area: C Falls/N Pawtucket *Calhoun Service Area: Northwest Providence Charleston PRIMARY MEDICAL CARE: South Carolina Service Area: Northwest Woonsocket Service Area: McClellanville/Sampit/Santee Service Area Listing Population Group: Low IncÐProvidence Service Area: Sea Island City Population Group: Pov PopÐPeninsula Service Area Name Washington Charleston Abbeville/Calhoun Falls Population Group: Low IncÐWest Wash- *Chester CountyÐAbbeville ington *Chesterfield Parts: Service Area: Sandhills Abbeville CCD PRIMARY MEDICAL CARE: Rhode Island Service Area: Society Hill Antreville/Lowndesville CCD Service Area Listing *Clarendon Calhoun Falls CCD *Colleton Due West CCD Service Area Name *Darlington Andrews C Falls/N Pawtucket Service Area: Lamar CountyÐGeorgetown CountyÐProvidence Service Area: Society Hill Parts: Parts: *Dillon Andrews CCD C.T. 108±111 Dorchester Batesburg/Leesville 51586 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: South Carolina PRIMARY MEDICAL CARE: South Carolina PRIMARY MEDICAL CARE: South Carolina Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name CountyÐLexington North/Neeses/Norway Parts: Parts: CountyÐOrangeburg Donalds CCD Batesburg/Leesville CCD Parts: CountyÐGreenwood Gilbert CCD Neeses CCD Parts: Bethune-Mt. Pisgah North CCD Ware Shoals/Hodges CCD CountyÐKershaw Norway CCD CountyÐLaurens Parts: Olanta Parts: Bethune CCD CountyÐFlorence Princeton CCD Mt. Pisgah CCD Parts: Western York Conway/Aynor Olanta CCD CountyÐYork CountyÐHorry Sardis CCD Parts: Parts: CountyÐSumter Clover CCD Aynor CCD Parts: Hickory Grove CCD Conway CCD Shiloh CCD McConnells CCD Floyds CCD Pelion-Swansea York CCD Loris CCD CountyÐLexington Woodruff/Enoree Eastern Orangeburg Parts: CountyÐSpartanburg CountyÐOrangeburg Pelion CCD Parts: Parts: Swansea CCD C.T. 235±237 Bowman CCD Sandhills Branchville CCD CountyÐChesterfield PRIMARY MEDICAL CARE: South Carolina Elloree CCD Parts: Population Group Listing Eutawville CCD Jefferson CCD Holly Hill CCD McBee CCD Population Group Vance CCD Pageland CCD Low IncÐAnderson Co 3 Eastover Sea Island CountyÐAnderson CountyÐRichland CountyÐCharleston Parts: Parts: Parts: Low Income Eastover CCD Edisto Is. CCD Med IndÐOrangeburg Hopkins CCD James Is. CCD CountyÐOrangeburg Horrell Hill CCD Johns Is. CCD Parts: Eau Claire/Greenview Wadmalaw Is. CCD Cope CCD CountyÐRichland Sheldon Orangeburg CCD Parts: CountyÐBeaufort Orangeburg West CCD C.T. 1±4 Parts: Pov PopÐInner City Greenville C.T. 105.02 Sheldon CCD CountyÐGreenville C.T. 106 Slater-Marietta Parts: C.T. 107.01±107.03 CountyÐGreenville C.T. 1±10 C.T. 109 Parts: C.T. 12.02 Johnsonville/Brittons Neck C.T. 24.01±24.02 C.T. 13.01 CountyÐFlorence C.T. 40±41 C.T. 21.04±21.05 Parts: Society Hill C.T. 21.08 Johnsonville CCD CountyÐChesterfield C.T. 22.01±22.02 CountyÐMarion Parts: C.T. 23.03±23.04 Parts: B.N.A. 9506 (S. 1/2) Pov PopÐPeninsula Charleston Brittons Neck CCD CountyÐDarlington CountyÐCharleston Centenary CCD Parts: Parts: Lake City C.T. 101 C.T. 1±18 CountyÐFlorence St George C.T. 33±37 Parts: CountyÐDorchester C.T. 41±45 C.T. 18 Parts: Pov PopÐSouth Rock Hill C.T. 20 Harleyville CCD CountyÐYork C.T. 22.01±22.02 Reevesville CCD Parts: C.T. 23 Ridgeville CCD C.T. 601.01±601.02 Lamar St George CCD C.T. 602±603 CountyÐDarlington St. Helena C.T. 604.01±604.02 Parts: CountyÐBeaufort C.T. 605.01±605.02 Lake Swamp CCD Parts: Lamar CCD St. Helena CCD PRIMARY MEDICAL CARE: South Carolina Little River Sumter Facility Listing CountyÐHorry CountyÐSumter Parts: Parts: Facility Name C.T. 301 Privateer CCD FCI Estil C.T. 401±402 Rembert CCD CountyÐHampton C.T. 603 Shaw-Horatio CCD Manning Corr. I. McClellanville/Sampit/Santee Sumter CCD CountyÐRichland CountyÐCharleston Sumter North CCD Parts: Sumter Northeast CCD PRIMARY MEDICAL CARE: South Dakota McClellanville CCD Sumter Southeast CCD County Listing CountyÐGeorgetown Sumter Southwest CCD Parts: Ware Shoals/Hodges County Name Sampit-Santee CCD CountyÐAbbeville *Aurora Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51587
PRIMARY MEDICAL CARE: South Dakota PRIMARY MEDICAL CARE: South Dakota PRIMARY MEDICAL CARE: South Dakota County Listing County Listing Service Area Listing
County Name County Name Service Area Name Service Area: Corsica/Armour *Sanborn Custer/Hill Service Area: Wessington Springs Service Area: Wessington Springs CountyÐCuster *Bon Homme *Shannon Parts: *Brookings *Spink Custer City Service Area: Flandreau/Elkton *Sully Pringle Town *Buffalo Service Area: Gettysburg West Custer Urorg Service Area: Wessington Springs *Todd CountyÐPennington *Butte *Turner Parts: Service Area: Newell *Union Hill City *Clark Service Area: Beresford/Alcester West Pennington Unorg *Clay Service Area: Elk Point Eagle Butte Service Area: Beresford/Alcester *Walworth CountyÐDewey *Corson Service Area: Hoven Parts: Service Area: Isabel *Ziebach Eagle Butte City Service Area: Lemmon (SD/ND) Service Area: Eagle Butte S. Dewey Unorg. Service Area: McLaughlin Service Area: Faith CountyÐZiebach *Custer Service Area: Isabel Parts: Service Area: Custer/Hill Eagle Butte City *Davison PRIMARY MEDICAL CARE: South Dakota S. Ziebach Unorg. Service Area: Corsica/Armour Service Area Listing Elk Point *Deuel CountyÐUnion Service Area: Clear Lake Service Area Name Parts: *Dewey Beresford/Alcester Brule Twp. Service Area: Eagle Butte CountyÐClay Elk Point City Service Area: Isabel Parts: Elk Point Twp. Douglas Glenwood Twp Richland Unorg. Service Area: Corsica/Armour CountyÐLincoln Fairfax *Edmunds Parts: CountyÐGregory Service Area: Hoven Beresford City Parts: Service Area: Ipswich/Leola Brooklyn Twp Bonesteel City *Faulk Pleasant Twp East Gregory Unorg *Grant CountyÐUnion Fairfax Twp Service Area: Milbank Parts: Fairfax Town *Gregory Alcester City Pleasant Valley Twp Service Area: Fairfax Alcester Twp Schriever Twp *Hamlin Beresford City Southeast Gregory Unorg *Hanson Big Springs Twp St Charles Twp Service Area: Salem Emmet Twp Star Valley Twp *Harding Prairie Twp Faith *Hyde Virginia Twp CountyÐMeade Service Area: Gettysburg Clear Lake Parts: Service Area: Highmore CountyÐDeuel Eagle Twp. *Jackson Parts: Faith City Jerauld Altamont Twn. Howard Twp. Service Area: Wessington Springs Altamont Twp. North Meade Unorg. *Jones Antelope Valley Twp. Union Twp. Lincoln Astoria Twn. Upper Red Owl Twp. Service Area: Beresford/Alcester Blom Twp. CountyÐPerkins *Lyman Brandt Twn. Parts: McCook Brandt Twp. Ada Twp. Service Area: Salem Clear Lake City Antelope Twp. *Meade Clear Lake Twp. Beck Twp. Service Area: Faith Glenwood Twp. Brushy Twp. *Mellette Grange Twp. Chance Twp. *Miner Havana Twp. Chaudoin Twp. Moody Hidewood Twp. Duell Twp. Service Area: Flandreau/Elkton Lowe Twp. Englewood Twp. *MCPherson Norden Twp. Foster Twp. Service Area: Ipswich/Leola Portland Twp. Hall Twp. Pennington Scandinavia Twp. Highland Twp. Service Area: Custer/Hill Toronto Twn. Lone Tree Twp. Service Area: N. Rapid City Corsica/Armour Maltby Twp. *Perkins CountyÐAurora Martin Twp. Service Area: Faith Parts: Moreau Twp. Service Area: Lemmon (SD/ND) Aurora Twp. S.W. Perkins Unorg. *Potter Center Twp. South Perkins Unorg. Service Area: Gettysburg Truro Twp. Vickers Twp. Service Area: Hoven Washington Twp. Vrooman Twp. *Roberts CountyÐDavison Wells Twp. Service Area: Hankinson/Lidgerwood (ND/ Parts: West Central Perkins Unor SD) Baker Twp. West Perkins Unorg. Service Area: Milbank CountyÐDouglas Wyandotte Twp. 51588 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: South Dakota PRIMARY MEDICAL CARE: South Dakota PRIMARY MEDICAL CARE: South Dakota Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name CountyÐZiebach Harmony Unorg Lemmon City Parts: Huntley Twp Liberty Twp Dupree Unorg. Ipswich City Lincoln Twp Dupree City Ipswich Twp Lodgepole Twp Flandreau/Elkton Kent Twp Marshfield Twp CountyÐBrookings Liberty Twp Meadow Twp Parts: Montpelier Twp Plateau Twp Elkton City North Bryant Twp Pleasant Valley Twp Elkton Twp. Powell Twp Rainbow Twp CountyÐMoody Rosette Twp Rockford Twp Gettysburg Union Twp Scotch Cap Twp CountyÐHyde Vermont Twp Sidney Twp Parts: CountyÐMcPherson Strool Twp North Hyde Unorg. Parts: Trail Twp CountyÐPotter Carl Twp Vail Twp Parts: Central McPherson Unorg Viking Twp C. Potter Unorg. (S.1/2) Hoffman Twp White Butte Twp E. Potter Unorg. (S.1/2) Leola City White Hill Twp Gettysburg City Long Lake Town Wilson Twp Lebanon Twn. Wachter Twp McLaughlin W. Potter Unorg. (S.1/2) Wacker Twp CountyÐCorson CountyÐSully Weber Twp Parts: Parts: Wetonka Town Cadillac Twp. Agar Twn. Isabel Central Corson Unorg. E. Sully Unorg. (N.1/2) CountyÐCorson Lincoln Twp. Onida City Parts: Mahto Twp. W. Sully Unorg. (N.1/2) Pleasant Ridge Twp. McLaughlin City Hankinson/Lidgerwood (ND/SD) CountyÐDewey Mission Twp. CountyÐRoberts Parts: N.E. Corson Unorg. Parts: Isabel City Ridgeland Twp. Lien Twp. N. Dewey Unorg. Wakpala Twp. New Effington Twn. Timber Lake City Walker Twp. Rosholt Twn. CountyÐZiebach Milbank Victor Twp. Parts: CountyÐGrant White Rock Twn. N. Ziebach Unorg. Parts: White Rock Twp. Lemmon (SD/ND) Adams Twp Highmore CountyÐCorson Alban Twp CountyÐHyde Parts: Albee Town Parts: Custer Twp Blooming Valley Twp Central Hyde Unorg Delaney Twp Farmington Twp Crow Creek Unorg Grand Valley Twp Georgia Twp Dewey Twp Lake Twp Grant Center Twp Highmore City Lemon No. 2 Unorg Kilborn Twp Valley Twp McIntosh City La Bolt Town William Hamilton Twp Morristown Town Lura Twp Hoven Pioneer Twp Madison Twp CountyÐEdmunds Prairie View Twp Marvin Town Parts: Riverside Twp Mazeppa Twp Hillside Twp. Rolling Green Twp Melrose Twp Hudson Twp. Sherman Twp Milbank City Madison Twp. Twin Butte Twp Osceola Twp CountyÐPotter Watauga Twp Revillo Town Parts: West Corson Unorg Stockholm Town C. Potter Unorg. (N.1/2) CountyÐPerkins Stockholm Twp E. Potter Unorg. (N.1/2) Parts: Strandburg Town Hoven Twn. Anderson Twp Troy Twp Tolstoy Twn. Barrett Twp Twin Brooks Town W. Potter Unorg. (N.1/2) Bison Town Twin Brooks Twp CountyÐWalworth Bison Twp Vernon Twp Parts: Burdick Twp CountyÐRoberts Akaska Twn. Cash Twp Parts: E. Walworth Unorg. (S.1/4) Castle Butte Twp Garfield Twp Lowry City Clark Twp Geneseo Twp W. Walworth Unorg. (S.1/4) De Witt Twp N. Rapid City Ipswich/Leola Duck Creek Unorg CountyÐPennington CountyÐEdmunds East Perkins Unorg Parts: Parts: Flat Creek Twp C.T. 101±105 Adrian Twp Fredlund Twp C.T. 114±115 Belle Twp Glendo Twp Newell Bryant Twp Grand River Twp CountyÐButte Cleveland Twp Horse Creek Twp Parts: Fountain Twp Independence Unorg East Butte Unorg Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51589
PRIMARY MEDICAL CARE: South Dakota PRIMARY MEDICAL CARE: Tennessee PRIMARY MEDICAL CARE: Tennessee Service Area Listing County Listing Service Area Listing
Service Area Name County Name Service Area Name Newell City Population Group: Low IncÐE Nashville Baileyton CountyÐGreene Union Twp Facility: Meharry Med. Coll./Hubbard Hosp. Parts: Vale Twp Facility: Metro General Hosp Salem Baileyton CCD *Decatur Briceville-Lake City CountyÐHanson Dickson Parts: CountyÐAnderson Service Area: Vanleer/Slaydon Edgerton Twp Parts: Emery Town Fayette Lake City West CCD Farmer Town *Fentress Lake City East CCD Spring Lake Twp Population Group: Low IncÐFentress Co New River CCD Taylor Twp *Giles Cash Point CountyÐMcCook Grainger CountyÐLincoln Wessington Springs *Greene Parts: CountyÐAurora Service Area: Baileyton Cash Point/Blanche CCD Dayton/Pikeville/Decatur Parts: *Grundy CountyÐRhea Belford Twp Hamilton Dresden Bristol Twp Population Group: Med IndÐChattanooga Cooper Twp CountyÐWeakley *Hancock Parts: Crystal Lake Twp *Hardeman Eureka Twp Chestnut Glade-Dukedom *Hardin Firesteel Twp Dresden CCD Gales Twp Hawkins Gleason CCD Hopper Twp *Haywood Palmersville CCD Lake Twp *Henderson Eagleville Palatine Twp *Henry CountyÐRutherford Patten Twp Population Group: Low IncÐHenry Co Parts: Plankinton City *Hickman Eagleville CCD Plankinton Twp *Jackson Hornbeak/Samburg Pleasant Lake Twp *Johnson CountyÐObion Pleasant Valley Twp *Lake Parts: Hornbeak/Samburg CCD White Lake City *Lauderdale Roan Mountain White Lake Twp *Lewis CountyÐCarter CountyÐBuffalo *Lincoln Parts: Parts: Service Area: Cash Point Elvira Twp Laurel Fork CCD Southeast Buffalo Unorg *McNairy Roan Mountain CCD CountyÐSanborn Meigs Tiger Valley CCD Parts: Service Area: Dayton/Pikeville/Decatur Tallassee Floyd Twp *Monroe CountyÐBlount Jackson Twp Population Group: Low IncÐMonroe Co Parts: Logan Twp Montgomery Lanier CCD Oneida Twp Service Area: Vanleer/Slaydon Vanleer/Slaydon Silver Creek Twp *Moore CountyÐDickson Twin Lake Twp *Morgan Parts: Union Twp *Obion Vanleer CCD Warren Twp Service Area: Hornbeak/Samburg CountyÐMontgomery Woonsocket City Parts: *Overton Woonsocket Twp Palmyra/Shiloh CCD Population Group: Low IncÐOverton Co *Pickett PRIMARY MEDICAL CARE: Tennessee PRIMARY MEDICAL CARE: Tennessee County Listing *Polk Population Group Listing Rhea County Name Service Area: Dayton/Pikeville/Decatur Population Group Anderson *Roane Low IncÐCentral Memphis Service Area: Briceville-Lake City Rutherford CountyÐShelby *Benton Service Area: Eagleville Parts: Bledsoe *Scott C.T. 13±15 Service Area: Dayton/Pikeville/Decatur Sevier C.T. 28 Blount Shelby C.T. 30 Service Area: Tallassee Low IncÐE Nashville Population Group: Low IncÐCentral Mem- *Campbell CountyÐDavidson phis Carter Parts: Population Group: Low IncÐSw Memphis Service Area: Roan Mountain C.T. 112±126 *Chester Population Group: Low IncÐNw Memphis Low IncÐFentress Co *Claiborne Facility: FCI Memphis CountyÐFentress *Clay *Stewart Parts: *Crockett *Trousdale Low Income *Cumberland Union Low IncÐHenry Co Davidson *Van Buren CountyÐHenry Population Group: Low IncÐWaverly-Bel- *Wayne Parts: mont *Weakley Low Income Population Group: Low IncÐN Nashville Service Area: Dresden Low IncÐMonroe Co 51590 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Tennessee PRIMARY MEDICAL CARE: Texas PRIMARY MEDICAL CARE: Texas Population Group Listing County Listing County Listing
Population Group County Name County Name CountyÐMonroe Service Area: San Antonio (Eastside) Service Area: Casa De Amigos Parts: *Borden Service Area: Ripley Low Income Bowie Service Area: Settegast Low IncÐN Nashville Service Area: Dekalb *Hartley CountyÐDavidson Brazoria *Henderson Parts: Facility: Clemens Prs Population Group: Low IncÐHenderson C.T. 133 *Brewster Co C.T. 135±144 Service Area: South Brewster/Big Bend Hidalgo Low IncÐNw Memphis *Briscoe Population Group: Low IncÐHildalgo Co CountyÐShelby Service Area: Silverton/Turkey *Hockley Parts: *Brooks *Howard C.T. 1±10 *Burleson Population Group: InmatesÐFCI Big C.T. 18±24 Caldwell Spring C.T. 90 Cameron *Hudspeth Low IncÐOverton Co Population Group: Low IncÐCameron Co *Hunt CountyÐOverton Facility: Corazones Unidos Clinic Population Group: Low IncÐHunt Co Parts: *Carson *Irion Low Income *Castro *Jackson Low IncÐSw Memphis *Chambers Jefferson CountyÐShelby *Cherokee Service Area: Beaumont Inner City Parts: Population Group: Low IncÐCherokee Co Service Area: Port Arthur Inner City C.T. 40±69 *Cochran *Jim Wells C.T. 75 *Coke Johnson C.T. 78.10 *Coleman *Jones C.T. 78.20 *Collingsworth *Karnes Low IncÐWaverly-Belmont Comal *Kendall CountyÐDavidson Population Group: Low IncÐNew Population Group: Low IncÐKendall Co Parts: Braunfels *Kenedy C.T. 161±163 Coryell (g) *Kent C.T. 170±171 Facility: Hilltop Prs *Kerr Med IndÐChattanooga Facility: Hughes Prs Population Group: Low IncÐKerr Co CountyÐHamilton *Crane King Parts: *Crosby Service Area: Dickens-King C.T. 1±16 *Culberson *Kinney C.T. 18±21 Dallas *Knox C.T. 23±27 Service Area: Lisbon *La Salle C.T. 31 *Deaf Smith *Lamb C.T. 115 *Delta *Lampasas Denton *Lee PRIMARY MEDICAL CARE: Tennessee Population Group: Low IncÐN Denton Leon Facility Listing Dickens Service Area: Leon/Madison Service Area: Dickens±King *Limestone Facility Name Dimmit *Lipscomb FCI Memphis Service Area: Dimmit±Zavala *Live Oak (g) CountyÐShelby *Donley Facility: FCI Three Rivers Meharry Med. Coll./Hubbard Hosp. *Duval *Loving CountyÐDavidson El Paso Lubbock Metro General Hosp Service Area: Lower Valley±El Paso Service Area: East Lubbock CountyÐDavidson Service Area: South El Paso Facility: Tx Tech Univ Pc Clinics Service Area: Southeast El Paso *Lynn PRIMARY MEDICAL CARE: Texas Facility: FCI La Tuna Madison County Listing Facility: Tx Tech Med. Ambulatory Cl Service Area: Leon/Madison *Falls (g) Facility: Ferguson Prs County Name Facility: Hobby Prs *Marion *Anderson *Fisher *Mason Facility: Beto Prs *Foard *Maverick Facility: Coffield Prs *Gaines *McMullen Facility: Michael Prs *Glasscock *Medina *Andrews *Goliad *Menard Population Group: Med IndÐAndrews Co *Gonzales *Milam *Aransas Population Group: Low IncÐGonzales Co *Mills Archer *Grimes *Mitchell *Armstrong Population Group: InmatesÐFPC Bryan *Moore *Atascosa Facility: Pack II Prs Population Group: Low IncÐMoore Co *Bandera *Hale *Morris Bastrop (g) Population Group: MFWÐHale Co *Motley Facility: FCI Bastrop *Hall *Nacogdoches *Baylor Service Area: Silverton/Turkey Population Group: Low IncÐNacogdoches *Bee *Hansford Co Bexar Hardin *Newton Service Area: San Antonio (West Side) Harris *Oldham Service Area: San Antonio (Southside) Service Area: Acres Home *Palo Pinto Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51591
PRIMARY MEDICAL CARE: Texas PRIMARY MEDICAL CARE: Texas PRIMARY MEDICAL CARE: Texas County Listing Service Area Listing Service Area Listing
County Name Service Area Name Service Area Name Population Group: Low IncÐPalo Pinto Co C.T. 6±10 Parts: *Panola C.T. 15±19 C.T. 35 Parker Casa De Amigos C.T. 37.01±37.02 *Parmer CountyÐHarris C.T. 38.01±38.02 *Pecos Parts: C.T. 41.03±41.07 Population Group: Low IncÐPecos Co C.T. 502 C.T. 42.01±42.02 *Polk C.T. 503.01±503.02 Port Arthur Inner City *Rains C.T. 504 CountyÐJefferson *Reagan C.T. 505.01±505.02 Parts: *Real C.T. 506.01±506.02 C.T. 51±54 *Red River C.T. 507.01±507.02 C.T. 57±62 *Reeves C.T. 508 Ripley *Refugio C.T. 509.02±509.03 CountyÐHarris *Roberts C.T. 512 Parts: *Robertson C.T. 514.01±514.02 C.T. 300.22±300.23 *Sabine C.T. 515.02 C.T. 301.01±301.02 *San Augustine Dekalb C.T. 302 *San Jacinto CountyÐBowie C.T. 308.20 *San Saba Parts: C.T. 309.01±309.03 *Sherman C.T. 116±117 C.T. 310±312 *Starr Diamond Hill C.T. 313.01±313.02 *Stephens CountyÐTarrant C.T. 314.02 *Sterling Parts: C.T. 319.01 *Sutton C.T. 1001.02 C.T. 321.01±321.02 *Swisher C.T. 1002.01±1002.02 San Antonio (Eastside) Tarrant C.T. 1003±1004 CountyÐBexar Service Area: Diamond Hill C.T. 1008±1011 Parts: *Terrell C.T. 1050.01 C.T. 1101±1104 *Throckmorton C.T. 1050.06 C.T. 1109±1110 Travis Dickens-King C.T. 1301±1306 Service Area: Dove Springs CountyÐDickens C.T. 1307.85 Service Area: East Austin CountyÐKing C.T. 1308±1313 Service Area: South Austin Dimmit-Zavala C.T. 1401 *Trinity CountyÐDimmit San Antonio (Southside) *Uvalde CountyÐZavala CountyÐBexar Population Group: Low IncÐUvalde Co Dove Springs Parts: *Val Verde CountyÐTravis C.T. 1402±1412 *Van Zandt Parts: C.T. 1416±1418 *Walker C.T. 24.11-24.13 C.T. 1501±1522 Facility: Ellis I Prs East Austin C.T. 1609 Facility: Goree Prs CountyÐTravis C.T. 1610.85 Facility: Wynne Prs Parts: C.T. 1611±1612 Waller C.T. 4.02 C.T. 1619±1620 *Ward C.T. 8.01±8.04 San Antonio (West Side) Webb C.T. 9.01±9.02 CountyÐBexar *Wheeler C.T. 10 Parts: Population Group: Low IncÐWheeler Co C.T. 18.11±18.12 C.T. 1105±1108 *Willacy C.T. 21.04±21.13 C.T. 1601±1606 Wilson C.T. 22.01±22.02 C.T. 1607.85 *Winkler C.T. 22.05 C.T. 1616 *Wise East Lubbock C.T. 1701±1716 *Yoakum CountyÐLubbock C.T. 1901±1902 *Zapata Parts: Settegast Zavala C.T. 1 CountyÐHarris Service Area: Dimmit±Zavala C.T. 2.01±2.02 Parts: C.T. 3.01±3.02 C.T. 207.01±207.02 PRIMARY MEDICAL CARE: Texas C.T. 6.03±6.06 C.T. 208.01 Service Area Listing C.T. 7±14 C.T. 215.01±215.03 C.T. 23±25 C.T. 216.01±216.02 Service Area Name Leon/Madison C.T. 217.01±217.02 Acres Home CountyÐLeon C.T. 218.03±218.04 CountyÐHarris CountyÐMadison C.T. 225.03±225.04 Parts: Lisbon C.T. 227 C.T. 524 CountyÐDallas Silverton/Turkey C.T. 525.02±525.04 Parts: CountyÐBriscoe C.T. 530.02 C.T. 56±57 CountyÐHall C.T. 531.01 C.T. 59.01±59.02 Parts: C.T. 531.03 C.T. 87.01 Turkey CCD Beaumont Inner City C.T. 87.03±87.05 South Austin CountyÐJefferson C.T. 88.01±88.02 CountyÐTravis Parts: Lower ValleyÐEl Paso Parts: C.T. 1.03 CountyÐEl Paso C.T. 23.04 51592 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Texas PRIMARY MEDICAL CARE: Texas PRIMARY MEDICAL CARE: Texas Service Area Listing Population Group Listing Facility Listing
Service Area Name Population Group Facility Name C.T. 23.10±23.12 Pilot PointÐAubrey CCD CountyÐGrimes C.T. 24.16 Sanger CCD Tx Tech Med. Ambulatory Cl South Brewster/Big Bend Low IncÐNacogdoches Co CountyÐEl Paso CountyÐBrewster CountyÐNacogdoches Tx Tech Univ Pc Clinics Parts: Parts: CountyÐLubbock E.D. 337±347 (Alpine CCD) Low Income Wynne Prs South El Paso Low IncÐNew Braunfels CountyÐWalker CountyÐEl Paso CountyÐComal Parts: Parts: PRIMARY MEDICAL CARE: Utah C.T. 17±21 C.T. 3101±3103 County Listing C.T. 28±29 C.T. 3104.01±3104.02 Southeast El Paso C.T. 3105 County Name CountyÐEl Paso C.T. 3106.02 *Beaver Parts: C.T. 3108±3109 *Box Elder C.T. 39.01±39.03 Low IncÐPalo Pinto Co Service Area: West Box Elder C.T. 40.01±40.02 CountyÐPalo Pinto *Carbon C.T. 103.10 Parts: *Daggett C.T. 104.01±104.04 Low Income Duchesne C.T. 105 Low IncÐPecos Co Service Area: Roosevelt CountyÐPecos *Emery PRIMARY MEDICAL CARE: Texas Parts: Service Area: Castle Dale Population Group Listing Low Income Service Area: Green River Low IncÐUvalde Co *Garfield Population Group CountyÐUvalde Service Area: Panguitch InmatesÐFCI Big Spring Parts: *Grand CountyÐHoward Low Income Service Area: Green River Parts: Low IncÐWheeler Co Service Area: Moab FCI Big Spring CountyÐWheeler *Iron InmatesÐFPC Bryan Parts: Service Area: Enterprise CountyÐGrimes Low Income Service Area: Parowan *Juab Parts: Med IndÐAndrews Co *Kane FPC Bryan CountyÐAndrews Service Area: Kanab/Fredonia (UT/AZ) Low IncÐCameron Co Parts: *Millard CountyÐCameron Medically Indigent *Piute Parts: MFWÐHale Co *Rich Low Income CountyÐHale Salt Lake Low IncÐCherokee Co Parts: Population Group: Pov PopÐKearns CountyÐCherokee MFW Parts: Population Group: Pov PopÐCentral City Low Income Population Group: Pov/HomelessÐNw Salt PRIMARY MEDICAL CARE: Texas Lake Low IncÐGonzales Co Facility Listing CountyÐGonzales Facility: Utah State Prison Parts: Facility Name *San Juan Low Income Beto Prs Service Area: Blanding/Monticello Low IncÐHenderson Co CountyÐAnderson Service Area: Montezuma Creek *Sanpete (g) CountyÐHenderson Clemens Prs Facility: Central Utah Corr Fac Parts: CountyÐBrazoria *Sevier Low Income Coffield Prs *Summit Low IncÐHildalgo Co CountyÐAnderson Service Area: Coalville/Kamas CountyÐHidalgo Corazones Unidos Clinic *Tooele Parts: CountyÐCameron Service Area: Tooele Low Income Ellis I Prs Service Area: Wendover Low IncÐHunt Co CountyÐWalker *Uintah CountyÐHunt Ferguson Prs Service Area: Roosevelt Parts: CountyÐMadison Service Area: Vernal Low Income FCI Bastrop Utah Low IncÐKendall Co CountyÐBastrop Population Group: Pov/MigÐUtah Co CountyÐKendall FCI La Tuna *Wasatch Parts: CountyÐEl Paso *Washington Low Income FCI Three Rivers Service Area: Enterprise Low IncÐKerr Co CountyÐLive Oak Service Area: Hurricane/Mohave North CountyÐKerr Goree Prs (UT/AZ) Parts: CountyÐWalker *Wayne Low Income Hilltop Prs Weber Low IncÐMoore Co CountyÐCoryell Population Group: Pov PopÐCentral & CountyÐMoore Hobby Prs West Ogden Parts: CountyÐFalls Low Income Hughes Prs PRIMARY MEDICAL CARE: Utah Low IncÐN Denton CountyÐCoryell Service Area Listing CountyÐDenton Michael Prs Parts: CountyÐAnderson Service Area Name Denton CCD Pack II Prs Blanding/Monticello Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51593
PRIMARY MEDICAL CARE: Utah PRIMARY MEDICAL CARE: Utah PRIMARY MEDICAL CARE: Vermont Service Area Listing Service Area Listing County Listing
Service Area Name Service Area Name County Name CountyÐSan Juan Parts: *Orleans Parts: West Box Elder CCD Service Area: Hardwick Blanding CCD Service Area: Island Pond Monticello CCD PRIMARY MEDICAL CARE: Utah *Rutland Castle Dale Population Group Listing Service Area: Black River Valley CountyÐEmery Service Area: Route 100 Parts: Population Group *Washington Castle Dale-Huntington Cc Pov PopÐCentral & West Ogden Service Area: Hardwick Emery-Ferron CCD CountyÐWeber Service Area: Mad River Valley Coalville/Kamas Parts: *Windsor CountyÐSummit C.T. 2002±2005 Service Area: Black River Valley Parts: C.T. 2008±2009 Service Area: Route 100 Coalville CCD C.T. 2011±2013 Kamas CCD C.T. 2018±2019 PRIMARY MEDICAL CARE: Vermont Enterprise Pov PopÐCentral City Service Area Listing CountyÐIron CountyÐSalt Lake Parts: Parts: Service Area Name Beryl-Newcastle CCD C.T. 1014±1021 Black River Valley CountyÐWashington C.T. 1023 CountyÐRutland Parts: Pov PopÐKearns Parts: Enterprise CCD CountyÐSalt Lake Mt Holly Town Green River Parts: CountyÐWindsor CountyÐEmery C.T. 1135.05 Parts: Parts: C.T. 1135.17 Cavendish Town Green River CCD C.T. 1136±1137 Ludlow Town CountyÐGrand C.T. 1138.01±1138.03 Plymouth Town Parts: Pov/HomelessÐNw Salt Lake Reading Town Thompson CCD CountyÐSalt Lake Chelsea Hurricane/Mohave North (UT/AZ) Parts: CountyÐOrange CountyÐWashington C.T. 1001 Parts: Parts: C.T. 1003.03±1003.04 Chelsea Twn. C.T. 1004±1006 Hurricane CCD Corinth Twn. C.T. 1024±1027 Kanab/Fredonia (UT/AZ) Strafford Twn. Pov/MigÐUtah Co CountyÐKane Tunbridge Twn. CountyÐUtah Moab Vershire Twn. Parts: CountyÐGrand Washington Twn. Migrants Parts: Hardwick Pov Pop Moab CCD CountyÐCaledonia Montezuma Creek Parts: CountyÐSan Juan PRIMARY MEDICAL CARE: Utah Hardwick Twn. Facility Listing Parts: Walden Twn. Oljato CCD Facility Name CountyÐLamoille Red Mesa CCD Central Utah Corr Fac Parts: Panguitch CountyÐSanpete Wolcott Twn. CountyÐGarfield Utah State Prison CountyÐOrleans Parts: CountyÐSalt Lake Parts: Escalante CCD Craftsbury Twn. Greensboro Twn. Panguitch CCD PRIMARY MEDICAL CARE: Vermont Tropic CCD County Listing CountyÐWashington Parowan Parts: CountyÐIron County Name Woodbury Twn. Parts: *Addison Haverhill/Wells River (NH/VT) Parowan CCD Service Area: Route 100 CountyÐCaledonia Roosevelt *Bennington Parts: CountyÐUintah Population Group: Med IndÐBennington Groton Twn. Parts: *Caledonia Ryegate Twn. Uintah And Ouray CCD Service Area: Hardwick CountyÐOrange Tooele Service Area: Haverhill/Wells River (NH/ Parts: CountyÐTooele VT) Newbury Twn. Parts: Service Area: Peacham-Barnet Topsham Twn. Onaqui CCD *Essex Island Pond Tooele-Grantsville CCD Service Area: Island Pond CountyÐEssex Vernal Service Area: Upper Connecticut Valley Parts: CountyÐUintah (NH/VT) Avery'S Gore Parts: Franklin Brighton Town Vernal CCD Service Area: Richford-Enosburg Ferdinand Town Wendover *Lamoille Lewis Town CountyÐTooele Service Area: Hardwick Norton Town Parts: *Orange Warner'S Grant Dugway-Wendover CCD Service Area: Chelsea Warren'S Gore West Box Elder Service Area: Haverhill/Wells River (NH/ CountyÐOrleans CountyÐBox Elder VT) Parts: 51594 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Vermont PRIMARY MEDICAL CARE: Virginia PRIMARY MEDICAL CARE: Virginia Service Area Listing County Listing County Listing
Service Area Name County Name County Name Charleston Town *Bland Service Area: Berlin-Ivor Morgan Town Botetourt Spotsylvania/Fredericksbg Mad River Valley Service Area: Northern Botetourt Service Area: Beaverdam CountyÐWashington *Brunswick *Surry Parts: *Buchanan *Sussex Fayston Town Population Group: Med Ind PopÐBu- Washington/Bristol Moretown Town chanan Co Service Area: Saltville Waitsfield Town Buckingham *Westmoreland Warren Town Service Area: Tri-County (Buck/Fluv/Cumb) Peacham-Barnet Campbell/Lynchburg PRIMARY MEDICAL CARE: Virginia CountyÐCaledonia Service Area: Altavista/Chatham Service Area Listing Parts: Population Group: Pov PopÐLynchburg Barnet Town *Caroline Service Area Name Peacham Town *Carroll Accomack/Northampton Richford-Enosburg Service Area: Laurel Fork CountyÐNorthampton CountyÐFranklin Charles City Alleghany Parts: Service Area: Harrison/Tyler CountyÐCovington City (Indep) Bakersfield Town Chesapeake Altavista/Chatham Berkshire Town Service Area: South Norfolk CountyÐCampbell/Lynchburg Enosburg Town Service Area: Southeast Chesapeake Parts: Fairfield Town Clifton Forge City (Indep) C.T. 204.98 Franklin Town Service Area: Alleghany C.T. 205±209 Montgomery Town Covington City (Indep) CountyÐPittsylvania/Danville Richford Town Service Area: Alleghany Parts: Sheldon Town *Craig C.T. 101±107 Route 100 Cumberland Beaverdam CountyÐAddison Service Area: Tri-County (Buck/Fluv/Cumb) CountyÐHanover Parts: *Dickenson Parts: Granville Twn. Dinwiddie/Petersburg C.T. 3201±3202 Hancock Twn. Service Area: McKenney Parts: CountyÐRutland Facility: FCI Petersburg C.T. 9501 Parts: *Floyd C.T. 9505 Pittsfield Twn. Fluvanna CountyÐSpotsylvania/Fredericksbg CountyÐWindsor Service Area: Tri-County (Buck/Fluv/Cumb) Parts: Parts: *Franklin C.T. 204.01 Rochester Twn. Goochland Berlin±Ivor Stockbridge Twn. Service Area: Goochland/Fife CountyÐSouthampton/Franklin Upper Connecticut Valley (NH/VT) *Grayson/Galax Parts: CountyÐEssex Service Area: Fries Berlin-Ivor Dist. Parts: Service Area: Trout Dale/Independence Big Island Averill Town Halifax CountyÐBedford Bloomfield Town Service Area: Halifax/South Boston Parts: Brunswick Town *Halifax/S. Boston Peaks Dist Canaan Town Service Area: Halifax/South Boston CountyÐRockbridge/Buena Vista Lemington Town Hanover Parts: Service Area: Beaverdam Natural Bridge Dist PRIMARY MEDICAL CARE: Vermont King George Craigsville Population Group Listing *Lee CountyÐAugusta/Staunton-Waynesb. Service Area: Western Lee Parts: Population Group Population Group: Med IndÐEastern Lee Pastures Dist. Med IndÐBennington *Lunenburg Riverhead Dist. (W. 1/2) CountyÐBennington *Nelson CountyÐRockbridge/Buena Vista Parts: New Kent Parts: Med Ind Pop *Northampton Walkers Creek Dist. (W. 1/2) Service Area: Accomack/Northampton Dungannon PRIMARY MEDICAL CARE: Virginia *Northumberland CountyÐScott County Listing *Page Parts: Pittsylvania/Danville De Kalb Dist. County Name Service Area: Altavista/Chatham Floyd Dist. *Accomack *Richmond Johnson Dist. Service Area: Accomack/Northampton *Rockbridge/Buena Vista East End Richmond Albermarle/Charlottes. Service Area: Big Island Parts: Service Area: Southern Albemarle Service Area: Craigsville C.T. 201±212 *Alleghany Service Area: South River Fries Service Area: Alleghany *Russell CountyÐGrayson/Galax *Amelia Scott Parts: *Appomattox Service Area: Dungannon Providence Dist. *Augusta/Staunton-Waynesb. *Smyth Goochland/Fife Service Area: Craigsville Service Area: Saltville CountyÐGoochland Service Area: South River South Boston City (Indep) Parts: Bedford Service Area: Halifax/South Boston C.T. 4002±4005 Service Area: Big Island *Southampton/Franklin Halifax/South Boston Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51595
PRIMARY MEDICAL CARE: Virginia PRIMARY MEDICAL CARE: Virginia PRIMARY MEDICAL CARE: Washington Service Area Listing Population Group Listing County Listing
Service Area Name Population Group County Name CountyÐSouth Boston City (Indep) Med IndÐEastern Lee Population Group: Low IncÐIsland Co Harrison/Tyler CountyÐLee *Jefferson CountyÐCharles City Parts: Service Area: Quilcene Bay Parts: Jonesville Dist King Harrison Dist. Rocky Station Dist Population Group: Pov/HomelessÐS King Tyler Dist. Yokum Station Dist Co Laurel Fork Med Ind PopÐBuchanan Co Kitsap CountyÐCarroll CountyÐBuchanan Population Group: Low IncÐBremerton Parts: Parts: *Klickitat Laurel Fork Dist Medically Indigent Population Group: MSFWÐHood River McKenney Pov PopÐLynchburg (OR/WA) CountyÐDinwiddie/Petersburg CountyÐCampbell/Lynchburg *Lewis Parts: Parts: Service Area: Morton Sapony Dist. Lynchburg City *Lincoln Northern Botetourt Service Area: Grand Coulee CountyÐBotetourt PRIMARY MEDICAL CARE: Virginia Service Area: Odessa Parts: Facility Listing *Mason (g) C.T. 401±402 Facility: Wa Corr/Reception Ctr Old South Richmond Facility Name *Okanogan Parts: FCI Petersburg Service Area: Twisp/Winthrop C.T. 601±605 CountyÐDinwiddie/Petersburg Population Group: Am InÐColville Res C.T. 607.98 Population Group: MSFWÐOkanogan Co. C.T. 608.98 PRIMARY MEDICAL CARE: Washington *Pacific Portsmouth County Listing Service Area: Long Beach Parts: Service Area: Naselle/Grays River County Name C.T. 2107 *Pend Oreille *Adams C.T. 2110±2111 Service Area: Ione/Metaline Falls Population Group: MSFWÐOthello/Royal C.T. 2113±2114 Service Area: Newport/Cusick City C.T. 2117±2121 Pierce Benton Saltville Service Area: Longbranch CountyÐSmyth Population Group: MSFWÐBenton/Frank- Facility: McNeil Island Corr. C. Parts: lin *Skagit North Fork Dist *Chelan Service Area: Concrete Saltville Dist Population Group: MFWÐChelan/Douglas Population Group: MSFWÐSkagit Co CountyÐWashington/Bristol *Clallam *Skamania Parts: Service Area: Clallam Bay-Neah Bay Snohomish Jefferson Dist Population Group: Lower Elwha Indian Service Area: Darrington South Norfolk Tribe Population Group: Low Inc/MFWÐW Sno- CountyÐChesapeake Clark homish Co Parts: Population Group: Pov/Homeless/MFWÐ Population Group: MSFWÐSnohomish C.T. 201±204 Vancouver Population Group: Stillaguamish Ind. Tribe C.T. 205.01±205.02 *Columbia Facility: Twin Rivers Corr C C.T. 206±207 Population Group: MSFWÐWalla Walla/ Spokane South River Columbia Service Area: Deer Park CountyÐAugusta/Staunton-Waynesb. *Cowlitz Service Area: Rockford Parts: Population Group: MedicaidÐLongview/ Population Group: Am InÐSpokane Riverhead Dist. (E. 1/2) Cathlamet *Stevens CountyÐRockbridge/Buena Vista *Douglas Service Area: Chewelah Parts: Service Area: Grand Coulee Service Area: Deer Park South River Dist. Population Group: MFWÐChelan/Douglas Service Area: Northport Walkers Creek Dist. (E. 1/2) *Ferry *Wahkiakum Southeast Chesapeake Service Area: Republic Service Area: Naselle/Grays River CountyÐChesapeake Population Group: Am InÐColville Res Population Group: MedicaidÐLongview/ Parts: Franklin Cathlamet C.T. 211.02 Population Group: MSFWÐBenton/Frank- *Walla Walla C.T. 212 lin Population Group: MSFWÐWalla Walla/ Southern Albemarle Facility: Coyote Ridge Corr Inst Columbia CountyÐAlbermarle/Charlottes. *Garfield Facility: Wa State Pen Parts: *Grant Whatcom Scottsville Dist. Service Area: Grand Coulee Population Group: MSFWÐWhatcom Co Tri-County(Buck/Fluv/Cumb) Population Group: Low Inc/MFWÐCentral *Whitman CountyÐFluvanna Grant Co Service Area: Northeast Whitman Trout Dale/Independence Population Group: MSFWÐOthello/Royal Service Area: Rock Lake/La Crosse CountyÐGrayson/Galax City Yakima Parts: Facility: Quincy Valley Hosp.ÐC.H. Clinic Elk Creek Dist. *Grays Harbor PRIMARY MEDICAL CARE: Washington Wilson Creek Dist. Service Area: Copalis Beach Service Area Listing Western Lee Service Area: Neilton CountyÐLee Service Area: Westport Service Area Name Parts: Population Group: MedicaidÐAberdeen/ Chewelah Rose Hill Dist Hoquiam CountyÐStevens White Shoals Dist *Island Parts: 51596 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Washington PRIMARY MEDICAL CARE: Washington PRIMARY MEDICAL CARE: Washington Service Area Listing Service Area Listing Population Group Listing
Service Area Name Service Area Name Population Group Chewelah CCD Northeast Whitman Gloyd CCD Columbia CCD CountyÐWhitman Moses Lake CCD Springdale CCD Parts: Quincy CCD Clallam Bay-Neah Bay Rosalia CCD Warden CCD CountyÐClallam Steptoe CCD Wilson Creek CCD Parts: Tekoa CCD Low Inc/MFWÐW Snohomish Co Clallam Bay-Neah Bay CCD Northport CountyÐSnohomish Concrete CountyÐStevens Parts: CountyÐSkagit Parts: Arlington CCD Parts: Kettle Falls CCD Edmunds CCD Upper Skagit CCD Odessa Everett CCD Copalis Beach CountyÐLincoln Granite Falls CCD CountyÐGrays Harbor Parts: Lake Stevens CCD Parts: Odessa CCD Maltby CCD North Beach CCD Quilcene Bay Marysville CCD Darrington CountyÐJefferson Monroe CCD CountyÐSnohomish Parts: MFW Parts: Quilcene Bay CCD Skykomish CCD Cascade CCD Republic Snohomish CCD Deer Park CountyÐFerry Stanwood CCD CountyÐSpokane Parts: Tulalip CCD Parts: Curlew CCD Lower Elwha Indian Tribe Deer Park CCD Orient Sherman CCD CountyÐClallam CountyÐStevens Republic CCD Parts: Parts: Rock Lake/La Crosse Agnew-Carlsborg CCD Loon Lake CCD CountyÐWhitman Crescent CCD Grand Coulee Parts: Forks CCD CountyÐDouglas La Crosse CCD Port Angeles CCD Parts: Rock Lake CCD Sequim CCD Bridgeport CCD Rockford MedicaidÐAberdeen/Hoquiam CountyÐGrant CountyÐSpokane CountyÐGrays Harbor Parts: Parts: Parts: Coulee City CCD Rockford CCD Aberdeen-Hoquiam CCD Grand Coulee CCD Twisp/Winthrop Elma CCD CountyÐLincoln CountyÐOkanogan Wyhoochee CCD Parts: Parts: MedicaidÐLongview/Cathlamet Wilbur CCD Early Winters CCD CountyÐCowlitz Ione/Metaline Falls Methow Valley CCD Parts: CountyÐPend Oreille Westport Castle Rock CCD Parts: CountyÐGrays Harbor Cowlitz East CCD Ione/Metaline Falls CCD Parts: Kalama CCD Long Beach South Shore Div. Longview-Kelso CCD CountyÐPacific Rose Valley CCD Parts: PRIMARY MEDICAL CARE: Washington Woodland CCD Peninsula CCD Population Group Listing CountyÐWahkiakum Longbranch Parts: CountyÐPierce Population Group Cathlamet-Elochoman CCD Parts: Am InÐColville Res Puget Island CCD Lower Peninsula CCD (C.T.) CountyÐFerry Skamokawa CCD Morton Parts: MFWÐChelan/Douglas CountyÐLewis Colville Res CCD CountyÐChelan Parts: CountyÐOkanogan Parts: Big Bottom CCD Parts: MFW Mineral CCD Colville Res CCD CountyÐDouglas Morton CCD Am InÐSpokane Parts: Mossyrock CCD CountyÐSpokane MFW Naselle/Grays River Parts: MSFWÐBenton/Franklin CountyÐPacific American Indian CountyÐBenton Parts: Low IncÐBremerton Parts: Naselle CCD CountyÐKitsap MSFW CountyÐWahkiakum Parts: CountyÐFranklin Parts: C.T. 805±806 Parts: Grays River CCD C.T. 810±813 MSFW Neilton Low IncÐIsland Co MSFWÐHood River (OR/WA) CountyÐGrays Harbor CountyÐIsland CountyÐKlickitat Parts: Parts: Parts: Humptulips CCD Low Income Wahkiakus CCD (MSFW) Lake Quinalt CCD Low Inc/MFWÐCentral Grant Co White Salmon CCD (MSFW) Newport/Cusick CountyÐGrant MSFWÐOkanogan Co. CountyÐPend Oreille Parts: CountyÐOkanogan Parts: EphrataÐSoap Lake CCD Parts: Newport CCD George CCD MSFW Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51597
PRIMARY MEDICAL CARE: Washington PRIMARY MEDICAL CARE: Washington PRIMARY MEDICAL CARE: West Virginia Population Group Listing Facility Listing County Listing
Population Group Facility Name County Name MSFWÐOthello/Royal City CountyÐSnohomish *Randolph CountyÐAdams Wa Corr/Reception Ctr Facility: Huttonsville Corr Ctr Parts: CountyÐMason *Ritchie MSFW Wa State Pen *Taylor CountyÐGrant CountyÐWalla Walla *Tucker Parts: *Upshur Southern Slopes CCD PRIMARY MEDICAL CARE: West Virginia Service Area: Rock Cave MSFWÐSkagit Co County Listing Wayne CountyÐSkagit Service Area: Wayne/Fort Gay Parts: County Name *Webster MSFW *Barbour *Wetzel MSFWÐSnohomish Berkeley Service Area: Clay/Battelle (WV/PA) CountyÐSnohomish Population Group: Pov/MSFWÐShen- *Wirt Parts: andoah *Wyoming Arlington CCD *Boone Granite Falls CCD *Braxton PRIMARY MEDICAL CARE: West Virginia Lake Stevens CCD Cabell Service Area Listing Maltby CCD Service Area: Guyandotte Marysville CCD *Calhoun Service Area Name Monroe CCD *Clay Baker Skykomish CCD Doddridge CountyÐHardy Snohomish CCD Service Area: Doddridge/Salem Parts: Stanwood CCD *Fayette Capon Dist. MSFWÐWalla Walla/Columbia Service Area: New Haven Lost River Dist. CountyÐColumbia Service Area: Oak Hill Bruceton Mills Parts: *Gilmer CountyÐPreston MSFW *Grant Parts: CountyÐWalla Walla Service Area: Mt Storm Grant Dist. Parts: *Greenbrier Cabin Creek MSFW Service Area: Greenbrier CountyÐKanawha MSFWÐWhatcom Co Service Area: Rainelle Parts: CountyÐWhatcom *Hampshire C.T. 121±122 Parts: Hancock Cameron MSFW Service Area: East Liverpool (OH/PA/WV) CountyÐMarshall Pov/HomelessÐS King Co *Hardy Parts: CountyÐKing Service Area: Baker C.T. 208 Parts: *Harrison Clay/Battelle (WV/PA) C.T. 252±254 Service Area: Doddridge/Salem CountyÐMonongalia C.T. 259 *Jackson Parts: C.T. 291 Jefferson C.T. 114 C.T. 292.01±292.02 Population Group: Pov/MSFWÐShen- CountyÐWetzel C.T. 295.01±295.02 andoah Parts: C.T. 296±297 Kanawha C.T. 304 C.T. 298.01 Service Area: Cabin Creek Clendenin C.T. 305.01±305.02 Service Area: Clendenin CountyÐKanawha C.T. 306±308 Service Area: Pocatalico Parts: Pov/Homeless/MFWÐVancouver *Lewis C.T. 112 CountyÐClark *Lincoln Doddridge/Salem Parts: Marshall CountyÐHarrison Battle Ground CCD Service Area: Cameron Parts: Camas CCD Facility: West Virginia Pen. C.T. 316 La Center CCD *McDowell East Liverpool (OH/PA/WV) Orchards CCD Mineral CountyÐHancock Ridgefield CCD *Mingo Parts: Vancouver CCD Service Area: Gilbert Grant Dist Stillaguamish Ind. Tribe Service Area: Matewan Gilbert CountyÐSnohomish *Monongalia CountyÐMingo Parts: Service Area: Clay/Battelle (WV/PA) Parts: C.T. 531±532 Facility: FCIÐMorgantown Stafford Dist. C.T. 534 *Morgan Greenbrier Service Area: Hancock (MD/PA/WV) CountyÐGreenbrier PRIMARY MEDICAL CARE: Washington *Nicholas Parts: Facility Listing Service Area: Rainelle Anthony Creek Dist Service Area: Richwood Falling Spring Dist Facility Name *Pendleton Frankford Dist Coyote Ridge Corr Inst *Pocahontas Williamsburg Dist CountyÐFranklin Service Area: Marlington Guyandotte McNeil Island Corr. C. *Preston CountyÐCabell CountyÐPierce Service Area: Bruceton Mills Parts: Quincy Valley Hosp.ÐC.H. Clinic Service Area: Rowlesburg/Eglon C.T. 2 CountyÐGrant *Raleigh Hancock (MD/PA/WV) Twin Rivers Corr C Service Area: Northwest Raleigh CountyÐMorgan 51598 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: West Virginia PRIMARY MEDICAL CARE: West Virginia PRIMARY MEDICAL CARE: Wisconsin Service Area Listing Population Group Listing County Listing
Service Area Name Population Group County Name Parts: Pov. Pop. Service Area: Platteville/Cuba City B.N.A. 9707 CountyÐJefferson *Langlade B.N.A. 9708 Parts: Service Area: Elcho Marlington Pov Pop Service Area: Mountain/White Lake CountyÐPocahontas *Lincoln Parts: PRIMARY MEDICAL CARE: West Virginia Service Area: Tomahawk Edray Dist. Facility Listing Marathon Huntersville Dist. Service Area: Athens/Edgar Marlington Twn. Facility Name *Marinette Matewan FCIÐMorgantown Service Area: E. Marinette/S. Menominee CountyÐMingo CountyÐMonongalia (MI/WI) Parts: Huttonsville Corr Ctr Service Area: W. Marinette Magnolia Dist. CountyÐRandolph *Marquette Mt Storm West Virginia Pen. Service Area: Montello CountyÐGrant CountyÐMarshall *Menominee Parts: Milwaukee Union Dist. PRIMARY MEDICAL CARE: Wisconsin Service Area: Capitol Drive (Milwaukee) New Haven County Listing Service Area: Inner City West CountyÐFayette Service Area: Inner City South Parts: County Name Service Area: Inner City North (Milwaukee) C.T. 210±211 *Ashland Service Area: Juneautown Northwest Raleigh Service Area: Park Falls/Phillips *Monroe CountyÐRaleigh *Barron Service Area: Hillsboro Parts: Service Area: Chetek/Colfax Service Area: Sparta C.T. 111±112 *Bayfield *Oconto Oak Hill Service Area: Hayward/Radisson Service Area: Mountain/White Lake CountyÐFayette Service Area: Washburn/Bayfield Service Area: Oconto/Oconto Falls Parts: Brown Service Area: Pulaski C.T. 201±206 Service Area: Pulaski *Oneida Pocatalico *Buffalo Service Area: Elcho CountyÐKanawha Service Area: Arcadia Service Area: Tomahawk Parts: Service Area: Durand Outagamie C.T. 108.01±108.02 Service Area: Mondovi Service Area: Clintonville/Marion Rainelle *Burnett *Pepin CountyÐGreenbrier Calumet Service Area: Durand Parts: *Clark Service Area: Mondovi Meadow Bluff Dist. *Columbia Pierce CountyÐNicholas *Crawford Service Area: Durand Richwood Service Area: Boscobel *Polk CountyÐNicholas Douglas Service Area: Frederic/Luck Parts: Service Area: Minong/Solon Springs *Price Beaver Dist. *Dunn Service Area: Park Falls/Phillips Kentucky Dist. Service Area: Chetek/Colfax Service Area: Tomahawk Wilderness Dist. Service Area: Durand *Richland Rock Cave Eau Claire Service Area: Hillsboro CountyÐUpshur Service Area: Osseo Service Area: Spring Green/Plain Parts: *Florence Rock Banks Dist. *Forest Service Area: Central Beloit Meade Dist. *Grant *Sauk Rowlesburg/Eglon Service Area: Boscobel Service Area: Hillsboro CountyÐPreston Service Area: Lancaster/Fennimore Service Area: Spring Green/Plain Parts: Service Area: Platteville/Cuba City *Sawyer Reno Dist. *Green Lake Service Area: Hayward/Radisson Union Dist. Service Area: Markesan/Kingston Service Area: Park Falls/Phillips Wayne/Fort Gay *Iowa *Shawano CountyÐWayne Service Area: Dodgeville/Mineral Point Service Area: Clintonville/Marion Parts: Service Area: Platteville/Cuba City Service Area: Oconto/Oconto Falls Butler Dist. *Iron Service Area: Pulaski Stonewall Dist. Service Area: Ironwood/Hurley (MI/WI) St Croix Union Dist. Service Area: Park Falls/Phillips Service Area: Baldwin *Jackson *Taylor PRIMARY MEDICAL CARE: West Virginia Service Area: Osseo *Trempealeau Population Group Listing *Juneau Service Area: Arcadia Service Area: Hillsboro Service Area: Galesville/Trempealeau Population Group Kenosha Service Area: Osseo InmatesÐFPC Alderson Service Area: Kenosha *Vernon Parts: *Kewaunee Service Area: Coon Valley/Chaseburg FPC Alderson Service Area: Kewaunee City/Algoma Service Area: Genoa Pov/MSFWÐShenandoah La Crosse Service Area: Hillsboro CountyÐBerkeley Service Area: Coon Valley/Chaseburg *Washburn Parts: *Lafayette Service Area: Hayward/Radisson MSFW Service Area: Darlington/Shullsburg Service Area: Minong/Solon Springs Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51599
PRIMARY MEDICAL CARE: Wisconsin PRIMARY MEDICAL CARE: Wisconsin PRIMARY MEDICAL CARE: Wisconsin County Listing Service Area Listing Service Area Listing
County Name Service Area Name Service Area Name Service Area: Spooner/Shell Lake Marion Twn. CountyÐWaupaca *Waupaca Millville Twn. Parts: Service Area: Clintonville/Marion Mount Hope Twn. Bear Creek Twn. *Waushara Mount Ida Twn. Clintonville City Service Area: Wautoma/Plainfield/Wild Muscoda Twn. Dupont Twn. Rose Muscoda Vil. Embarrass Vil. Patch Grove Twn. Larrabee Twn. PRIMARY MEDICAL CARE: Wisconsin Patch Grove Vil. Marion City Service Area Listing Watterstown Twn. Matteson Twn. Woodman Twn. Union Twn. Service Area Name Woodman Vil. Coon Valley/Chaseburg Arcadia Wyalusing Twn. CountyÐLa Crosse CountyÐBuffalo Capitol Drive (Milwaukee) Parts: Parts: CountyÐMilwaukee Washington Town Buffalo Twn. Parts: CountyÐVernon Cross Twn. C.T. 23±28 Parts: Fountain City C.T. 36 Chaseburg Vil Glencoe Twn. C.T. 38±49 Coon Town Milton Twn. C.T. 60±61 Coon Valley Vil Montana Twn. C.T. 63±65 Hamburg Town Waumandee Twn. Central Beloit Darlington/Shullsburg CountyÐTrempealeau CountyÐRock CountyÐLafayette Parts: Parts: Parts: Arcadia City C.T. 15±19 Argyle Town Arcadia Twn. Chetek/Colfax Argyle Vil Dodge Twn. CountyÐBarron Blanchard Town Athens/Edgar Parts: Blanchardville Vil CountyÐMarathon Arland Town Darlington City Parts: Chetek Town Darlington Town Athens Vil. Chetek City Fayette Town Bern Twn. Dallas Town Gratiot Town Edgar Vil. Dallas Vil Gratiot Vil Fenwood Vil. Dovre Town Kendall Town Frankfort Twn. Maple Grove Town Lamont Town Halsey Twn. Prairie Farm Town Monticello Town Johnson Twn. Prairie Lake Town Seymour Town Rietbrock Town Prairie Farm Vil Shullsburg City Wien Town Sioux Creek Town Shullsburg Town Baldwin Sumner Town South Wayne Vil CountyÐSt Croix Turtle Lake Town Wayne Town Parts: Turtle Lake Vil White Oak Springs Town Baldwin Twn. Vance Creek Town Willow Springs Town Baldwin Vil. CountyÐDunn Wiota Town Cady Twn. Parts: Dodgeville/Mineral Point Eau Galle Twn. Boyceville Vil CountyÐIowa Emerald Twn. Colfax Town Parts: Glenwood City Colfax Vil Arena Twn. Glenwood Twn. Downing Vil Arena Vil. Hammond Twn. Grant Town Avoca Vil. Hammond Vil. Hay River Town Barneveld Vil. Pleasant Valley Twn. Knapp Vil Blanchardville Vil. Rush River Twn. New Haven Town Brigham Twn. Springfield Twn. Otter Creek Town Clyde Twn. Wilson Vil. Ridgeland Vil Cobb Vil. Woodville Vil. Sand Creek Town Dodgeville Twn. Boscobel Sheridan Town Dodgeville City CountyÐCrawford Sherman Town Eden Twn. Parts: Stanton Town Highland Twn. Haney Twn. Tainter Town Highland Vil. Marietta Twn. Tiffany Town Hollandale Vil. Scott Twn. Wheeler Vil Linden Twn. Steuben Vil. Wilson Town Linden Vil. Wauzeka Twn. Clintonville/Marion Livingston Vil. Wauzeka Vil. CountyÐOutagamie Mineral Point Twn. CountyÐGrant Parts: Mineral Point City Parts: Bear Creek Vil. Montfort Vil. Bagley Vil. Deer Creek Twn. Moscow Twn. Blue River Vil. Maine Twn. Muscoda Vil. Boscobel City CountyÐShawano Pulaski Twn. Boscobel Twn. Parts: Ridgeway Twn. Castle Rock Twn. Grant Twn. (E 1/2) Ridgeway Vil. Hickory Grove Twn. Pella Twn. Waldwick Twn. 51600 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Wisconsin PRIMARY MEDICAL CARE: Wisconsin PRIMARY MEDICAL CARE: Wisconsin Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name Wyoming Twn. McKinley Town Cazenovia Vil. Durand West Sweden Town Henrietta Twn. CountyÐBuffalo Galesville/Trempealeau Westford Twn. Parts: CountyÐTrempealeau Yuba Vil. Maxville Town Parts: CountyÐSauk Nelson Town Caledonia Town Parts: CountyÐDunn Ettrick Vil Woodland Twn. Parts: Ettrick Town CountyÐVernon Dunn Town Gale Town Parts: Eau Galle Town Galesville City Forest Twn. Peru Town Trempealeau Town Greenwood Twn. Rock Creek Town Trempealeau Vil Hillsboro City Spring Brook Town Genoa Hillsboro Twn. Weston Town CountyÐVernon Ontario Vil. CountyÐPepin Parts: Union Twn. Parts: Bergen Twn. Whitestown Twn. Durand Town De Soto Vil. Inner City North (Milwaukee) Durand City Genoa Twn. CountyÐMilwaukee Frankfort Town Genoa Vil. Parts: Lima Town Harmony Twn. C.T. 44 Pepin Town Sterling Twn. C.T. 66±72 Pepin Vil Wheatland Twn. C.T. 79±86 Stockholm Town Hayward/Radisson C.T. 101±107 Stockholm Vil CountyÐBayfield C.T. 114±118 Waterville Town Parts: C.T. 139±142 Waubeck Town Barnes Town C.T. 145±147 CountyÐPierce Cable Town C.T. 151 Parts: Drummond Town Inner City South El Paso Town Grand View Town CountyÐMilwaukee Elmwood Vil Namakagon Town Parts: Gilman Town CountyÐSawyer C.T. 155±159 Maiden Rock Town Parts: C.T. 162±169 Maiden Rock Vil Bass Lake Town C.T. 174±177 Plum City Vil Couderay Town C.T. 178.98 Prescott City Couderay Vil C.T. 179 Rock Elm Town Edgewater Town C.T. 180.97±180.98 Salem Town Exeland Vil Inner City West Spring Valley Vil Hayward City CountyÐMilwaukee Spring Lake Town Hayward Town Parts: Union Town Hunter Town C.T. 62 E. Marinette/S. Menominee (MI/WI) Lenroot Town C.T. 87±90 CountyÐMarinette Meadowbrook Town C.T. 96±100 Parts: Meteor Town C.T. 119±123 Grover Twn. Ojibwa Town C.T. 133±138 Marinette City Radisson Town C.T. 148±149 Peshtigo Twn. Radisson Vil Ironwood/Hurley (MI/WI) Peshtigo City Round Lake Town CountyÐIron Porterfield Twn. Sand Lake Town Parts: Wagner Twn. Spider Lake Town Anderson Town Elcho Weirgor Town Carey Town CountyÐLanglade Winter Town Gurney Town Parts: Winter Vil Hurley City Ainsworth Twn. CountyÐWashburn Kimball Town Elcho Twn. Parts: Knight Town Parrish Twn. Bass Lake Town Mercer Town Summit Twn. Stinnett Town Montreal City Upham Twn. Stone Lake Town Oma Town CountyÐOneida Hillsboro Pence Town Parts: CountyÐJuneau Saxon Town Enterprise Twn. Parts: Juneautown Schoepke Twn. Union Center Vil. CountyÐMilwaukee Frederic/Luck Wonewoc Twn. Parts: CountyÐPolk Wonewoc Vil. C.T. 108 Parts: CountyÐMonroe C.T. 110±113 Bone Lake Town Parts: Kenosha Clam Falls Town Glendale Twn. CountyÐKenosha Frederic Vil Kendall Vil. Parts: Georgetown Town Sheldon Twn. C.T. 7±12 Laketown Town Wellington Twn. C.T. 16 Lorain Town CountyÐRichland Kewaunee City/Algoma Luck Town Parts: CountyÐKewaunee Luck Vil Bloom Twn. Parts: Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51601
PRIMARY MEDICAL CARE: Wisconsin PRIMARY MEDICAL CARE: Wisconsin PRIMARY MEDICAL CARE: Wisconsin Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name Ahnapee Twn. Mondovi City Fairchild Vil. Algoma City Mondovi Town Otter Creek Twn. Carlton Twn. Naples Town CountyÐJackson Casco Twn. CountyÐPepin Parts: Casco Vil. Parts: Cleveland Twn. Kewaunee City City Albany Town Garfield Twn. Lincoln Twn. Montello Northfield Twn. Pierce Twn. CountyÐMarquette CountyÐTrempealeau W. Kewaunee Twn. Parts: Parts: Lancaster/Fennimore Crystal Lake Town Hale Twn. CountyÐGrant Harris Town Osseo City Parts: Mecan Town Strum Vil. Beetown Twn. Montello City Sumner Twn. Bloomington Twn. Montello Town Unity Twn. Bloomington Vil. Neshkoro Town Park Falls/Phillips Cassville Twn. Neshkoro Vil CountyÐAshland Cassville Vil. Newton Town Parts: Fennimore City Oxford Town Agenda Twn. Fennimore Twn. Oxford Vil Butternut Vil. Glen Haven Twn. Packwaukee Town Chippewa Twn. Lancaster City Shields Town Gordon Twn. Liberty Twn. Springfield Town Jacobs Twn. Little Grant Twn. Westfield Town Peeksville Twn. Montfort Vil Westfield Vil Shanagolden Twn. North Lancaster Twn. Mountain/White Lake CountyÐIron Potosi Twn. CountyÐLanglade Parts: Potosi Vil. Parts: Sherman Twn. South Lancaster Twn. Evergreen Town CountyÐPrice Waterloo Twn. Langlade Town Parts: Wingville Twn. White Lake Vil Catawba Twn. Markesan/Kingston Wolf River Town Catawba Vil. CountyÐGreen Lake CountyÐOconto Eisenstein Twn. Parts: Parts: Elk Twn. Kingston Vil Armstrong Town Emery Twn. Kingston Town Bagley Town Fifield Twn. Mackford Town Brazeau Town Flambeau Twn. Manchester Town Breed Town Georgetown Twn. Markesan City Doty Town Hackett Twn. Marquette City Lakewood Town Harmony Twn. Marquette Town Riverview Town Kennan Twn. Minong/Solon Springs Townsend Town Kennan Vil. CountyÐDouglas Oconto/Oconto Falls Lake Twn. Parts: CountyÐOconto Ogema Twn. Bennett Twn. Parts: Park Falls City Dairyland Twn. Abrams Twn. Phillips City Gordon Twn. Gillett City Prentice Twn. (W.1/2) Highland Twn. Gillett Twn. Prentice Vil. Oakland Twn. How Twn. Worcester Town Solon Springs Twn. Lena Twn. CountyÐSawyer Solon Springs Vil. Lena Vil. Parts: Wascott Twn. Little River Twn. Draper Twn. CountyÐWashburn Maple Valley Twn. Platteville/Cuba City Parts: Morgan Twn. CountyÐGrant Brooklyn Twn. Oconto Falls Twn. Parts: Chicog Twn. Oconto Falls City Clifton Town Frog Creek Twn. Oconto Twn. Cuba City City Gull Lake Twn. Oconto City Dickeyville Vil Minong Twn. Pensaukee Twn. Ellenboro Town Minong Vil. Spruce Twn. Harrison Town Mondovi Stiles Twn. Hazel Green Town CountyÐBuffalo Suring Vil. Hazel Green Vil Parts: Underhill Twn. Lima Town Alma City CountyÐShawano Livingston Vil Alma Town Parts: Paris Town Belvidere Town Green Valley Twn. Platteville City Buffalo City Osseo Platteville Town Canton Town CountyÐEau Claire Smelser Town Cochrane Vil Parts: CountyÐIowa Dover Town Augusta City Parts: Gilmanton Town Bridge Creek Twn. Mifflin Town Lincoln Town Clear Creek Twn. Rewey Vil Modena Town Fairchild Twn. CountyÐLafayette 51602 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Wisconsin PRIMARY MEDICAL CARE: Wisconsin PRIMARY MEDICAL CARE: Wisconsin Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name Parts: Bradley Twn. Marion Town Belmont Town Harrison Twn. Mount Morris Town Belmont Vil King Twn. Oasis Town Benton Town Skanawan Twn. Plainfield Town Benton Vil Somo Twn. Plainfield Vil Elk Grove Town Tomahawk City Richford Town New Diggings Town Tomahawk Twn. Rose Town Pulaski Wilson Twn. Springwater Town CountyÐBrown CountyÐOneida Wautoma City Parts: Parts: Wautoma Town Pittsfield Town Little Rice Twn. Wild Rose Vil Pulaski Vil Lynne Twn. CountyÐOconto Nokomis Twn. PRIMARY MEDICAL CARE: Wisconsin Parts: CountyÐPrice Facility Listing Chase Town Parts: CountyÐShawano Hill Twn. Facility Name Parts: Knox Twn. FCI Oxford Angelica Town Prentice Twn. Maple Grove Town Spirit Twn. PRIMARY MEDICAL CARE: Wyoming Sparta W. Marinette County Listing CountyÐMonroe CountyÐMarinette Parts: Parts: County Name Angelo Town Amberg Town *Big Horn Cashton Vil Athelstane Town Service Area: Greybull/Basin Jefferson Town Beaver Town Service Area: Lovell Lafayette Town Coleman Vil *Carbon Leon Town Crivitz Vil *Crook Little Falls Town Dunbar Town *Johnson Melvina Vil Goodman Town Service Area: Kaycee New Lyme Town Lake Town Laramie Norwalk Vil Middle Inlet Town Service Area: Pine Bluffs Portland Town Pound Town *Lincoln Ridgeville Town Pound Vil Service Area: Kemmerer/Cokeville Sparta City Silver Cliff Town Natrona Sparta Town Stephenson Town Service Area: Midwest/Edgerton Wells Town Wausaukee Town *Park Spooner/Shell Lake Wausaukee Vil Service Area: Gardiner/Yellowstone (MT/ CountyÐWashburn Washburn/Bayfield WY) Parts: CountyÐBayfield Service Area: Meeteetse Barronett Twn. Parts: *Sublette Bashaw Twn. Barksdale Town *Sweetwater Beaver Brook Twn. Bayfield Town *Uinta Birchwood Twn. Bayfield City Service Area: Lyman Birchwood Vil. Bayview Town *Washakie Casey Twn. Bell Town Crystal Twn. Clover Town PRIMARY MEDICAL CARE: Wyoming Evergreen Twn. Delta Town Service Area Listing Long Lake Twn. Eileen Town Madge Twn. Hughes Town Service Area Name Sarona Twn. Iron River Town Gardiner/Yellowstone (MT/WY) Shell Lake City Kelly Town CountyÐPark Spooner Twn. Keystone Town Parts: Spooner City Lincoln Town Yellowstone Nat'L Park Cc Springbrook Twn. Mason Town Greybull/Basin Trego Twn. Mason Vil CountyÐBig Horn Spring Green/Plain Orienta Town Parts: CountyÐRichland Oulu Town Big Horn Central CCD Parts: Pilsen Town Big Horn South CCD Buena Vista Twn. Port Wing Town Kaycee Lone Rock Vil. Russell Town CountyÐJohnson CountyÐSauk Tripp Town Parts: Parts: Washburn City Kaycee CCD Bear Creek Twn. Washburn Town Kemmerer/Cokeville Franklin Twn. Wautoma/Plainfield/Wild Rose CountyÐLincoln Honey Creek Twn. CountyÐWaushara Parts: Plain Vil. Parts: Kemmerer East CCD Spring Green Vil. Coloma Town Kemmerer West CCD Spring Green Twn. Coloma Vil Lovell Troy Twn. Dakota Town CountyÐBig Horn Tomahawk Deerfield Town Parts: CountyÐLincoln Hancock Town Big Horn North CCD Parts: Hancock Vil Lyman Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51603
PRIMARY MEDICAL CARE: Wyoming PRIMARY MEDICAL CARE: Republic of PRIMARY MEDICAL CARE: Puerto Rico Service Area Listing Palau County Listing County Listing Service Area Name County Name County Name CountyÐUinta Population Group: Pov. Pop.ÐSubregion *Republic Of Palau Parts: 6C Bridger Valley CCD *Lajas Meeteetse PRIMARY MEDICAL CARE: Puerto Rico Population Group: Pov PopÐSubregion County Listing CountyÐPark 4C Parts: County Name *Lares Meeteetse CCD *Adjuntas Population Group: Pov. Pop.ÐSubregion Midwest/Edgerton Population Group: Pov PopÐAdjuntas 3A CountyÐNatrona Aguada *Las Marias Parts: Population Group: Pov PopÐSubregion 4A Population Group: Pov. Pop.ÐLas Marias Casper North CCD Aguadilla *Las Peidras Pine Bluffs Population Group: Pov PopÐSubregion 4A Population Group: Pov. Pop.ÐSubregion CountyÐLaramie *Aguas Buenas 6A Parts: Population Group: Pov PopÐSubregion 6B *Loiza Pine Bluffs CCD *Aibonito Population Group: Pov PopÐSubregion 1B Population Group: Pov PopÐSubregion 6B *Luquillo PRIMARY MEDICAL CARE: American Anasco Population Group: Pov PopÐSubregion 1A Samoa *Maunabo Population Group: Pov PopÐSubregion 4B County Listing Population Group: Pov. Pop.ÐSubregion *Arroyo 6A Population Group: Pov PopÐSubregion County Name Mayaguez 5C Eastern District Population Group: Pov. Pop.ÐMayaguez *Barranquitas Service Area: Terr. Of American Samoa Moca Population Group: Pov PopÐBarranquitas Manu'A District Population Group: Pov PopÐSubregion 4A *Cabo Rojo Service Area: Terr. Of American Samoa *Naguabo Population Group: Pov PopÐSubregion Rose Island Population Group: Pov. Pop.ÐSubregion 4C Service Area: Terr. Of American Samoa 6A *Caguas Swains Island *Patillas Population Group: Pov PopÐCaguas Service Area: Terr. Of American Samoa Population Group: Pov PopÐSubregion *Canovanas Western District 5C Service Area: Terr. Of American Samoa Population Group: Pov PopÐSubregion 1B Penuelas *Carolina Population Group: Pov PopÐSubregion 5A PRIMARY MEDICAL CARE: American Population Group: Pov PopÐSubregion 1B *Rincon Samoa *Catano Population Group: Pov PopÐSubregion 4B Service Area Listing Population Group: Pov PopÐSubregion 2A *Rio Grande *Cayey Population Group: Pov PopÐSubregion 1A Service Area Name Population Group: Pov PopÐSubregion 6B Sabana Grande Terr. Of American Samoa *Ceiba Population Group: Pov PopÐSubregion CountyÐEastern District Population Group: Pov PopÐSubregion 1A 4C CountyÐManu'A District *Cidra CountyÐRose Island *Salinas Population Group: Pov PopÐSubregion 6B Population Group: Pov PopÐSubregion CountyÐSwains Island *Coamo CountyÐWestern District 5C Population Group: Pov PopÐSubregion 5B San German *Dorado Population Group: Pov PopÐSubregion PRIMARY MEDICAL CARE: Fed Ste Micro- Population Group: Pov PopÐSubregion 2A 4C nesia *Fajardo County Listing *San Juan Population Group: Pov PopÐSubregion 1A Population Group: Pov PopÐSan Juan *Guanica County Name *San Lorenzo Population Group: Pov PopÐSubregion 5A *Chuuk State Population Group: Pov. Pop.ÐSubregion *Guayama *Kosrae State 6C Population Group: Pov PopÐSubregion *Pohnpei State *San Sebastian 5C *Yap State Population Group: Pov PopÐSubregion 4A Guayanilla *Santa Isabel Population Group: Pov PopÐSubregion 5A Population Group: Pov PopÐSubregion 5B PRIMARY MEDICAL CARE: Guam *Guaynabo County Listing *Toa Alta Population Group: InmatesÐMDC Population Group: Pov PopÐSubregion 2A County Name Guaynabo *Toa Baja *Guam Population Group: Pov. Pop.ÐGuaynabo Population Group: Pov PopÐSubregion 2A *Gurabo *Trujillo Alto PRIMARY MEDICAL CARE: Marshall Is- Population Group: Pov. Pop.ÐSubregion Population Group: Pov PopÐSubregion 1B lands 6C *Utuado County Listing Hormigueros Population Group: Pov. Pop.ÐSubregion Population Group: Pov PopÐSubregion 3A County Name 4C *Vega Alta *Republic Of Marshall Is *Humacao Population Group: Pov PopÐSubregion 2A Population Group: Pov. Pop.ÐSubregion *Vega Baja PRIMARY MEDICAL CARE: N. Mariana Is- 6A Population Group: Pov PopÐVega Baja lands *Isabela Villalba County Listing Population Group: Pov PopÐSubregion 4A Population Group: Pov PopÐSubregion 5B Juana Diaz *Yabucoa County Name Population Group: Pov PopÐSubregion 5B Population Group: Pov. Pop.ÐSubregion *Comnwlth Of N. Mariana Is *Juncos 6A 51604 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
PRIMARY MEDICAL CARE: Puerto Rico PRIMARY MEDICAL CARE: Puerto Rico PRIMARY MEDICAL CARE: Puerto Rico County Listing Population Group Listing Population Group Listing
County Name Population Group Population Group Yauco Pov. Pop. CountyÐYauco Population Group: Pov PopÐSubregion 5A CountyÐRincon Parts: Parts: Pov. Pop. PRIMARY MEDICAL CARE: Puerto Rico Pov. Pop. Pov PopÐSubregion 6B Population Group Listing Pov PopÐSubregion 4C CountyÐAguas Buenas CountyÐCabo Rojo Parts: Population Group Parts: Pov. Pop. InmatesÐMDC Guaynabo Pov. Pop. CountyÐAibonito CountyÐGuaynabo CountyÐHormigueros Parts: Parts: Parts: Pov. Pop. MDC Guaynabo Pov. Pop. CountyÐCayey Pov PopÐAdjuntas CountyÐLajas Parts: CountyÐAdjuntas Parts: Pov. Pop. Parts: Pov. Pop. CountyÐCidra Pov. Pop. CountyÐSabana Grande Parts: Pov PopÐBarranquitas Parts: Pov. Pop. CountyÐBarranquitas Pov. Pop. Parts: CountyÐSan German Pov PopÐVega Baja Pov. Pop.ÐBarranquitas Parts: CountyÐVega Baja Pov PopÐCaguas Pov. Pop. Parts: CountyÐCaguas Pov PopÐSubregion 4A Pov. Pop.ÐVega Baja Parts: CountyÐAguada Pov. Pop.ÐGuaynabo Pov. Pop. Parts: CountyÐGuaynabo Pov PopÐSan Juan Pov. Pop. Parts: CountyÐSan Juan CountyÐAguadilla Pov. Pop. Parts: Parts: Pov. Pop.ÐLas Marias Pov. Pop. Pov. Pop. CountyÐLas Marias Pov PopÐSubregion 1A CountyÐIsabela Parts: CountyÐCeiba Parts: Pov. Pop. Parts: Pov. Pop. Pov. Pop.ÐMayaguez Pov. Pop. CountyÐMoca CountyÐMayaguez CountyÐFajardo Parts: Pov. Pop.ÐSubregion 6C Parts: Pov. Pop. CountyÐGurabo Pov. Pop. CountyÐSan Sebastian Parts: CountyÐLuquillo Parts: Pov. Pop. Parts: Pov. Pop. CountyÐJuncos Pov. Pop. Pov PopÐSubregion 5C Parts: CountyÐRio Grande CountyÐArroyo Pov. Pop. Parts: Parts: CountyÐSan Lorenzo Pov. Pop. Pov. Pop. Parts: Pov PopÐSubregion 1B CountyÐGuayama Pov. Pop. CountyÐCanovanas Parts: Pov. Pop.ÐSubregion 3A Parts: Pov. Pop. CountyÐLares Pov. Pop. CountyÐPatillas Parts: CountyÐCarolina Parts: Pov. Pop. Parts: Pov. Pop. CountyÐUtuado Pov. Pop. CountyÐSalinas CountyÐLoiza Parts: Parts: Parts: Pov. Pop. Pov. Pop. Pov. Pop. Pov PopÐSubregion 5B Pov. Pop.ÐSubregion 6A CountyÐTrujillo Alto CountyÐCoamo CountyÐHumacao Parts: Parts: Parts: Pov. Pop. Pov. Pop. Pov. Pop. Pov PopÐSubregion 2A CountyÐJuana Diaz CountyÐLas Peidras CountyÐCatano Parts: Parts: Parts: Pov. Pop. Pov. Pop. Pov. Pop. CountyÐSanta Isabel CountyÐMaunabo CountyÐDorado Parts: Parts: Parts: Pov. Pop. Pov. Pop. Pov. Pop. CountyÐVillalba CountyÐNaguabo CountyÐToa Alta Parts: Parts: Parts: Pov. Pop. Pov. Pop. Pov. Pop. Pov PopÐSubregion 5A CountyÐYabucoa CountyÐToa Baja CountyÐGuanica Parts: Parts: Parts: Pov. Pop. Pov. Pop. Pov. Pop. CountyÐVega Alta CountyÐGuayanilla PRIMARY MEDICAL CARE: Virgin Islands Parts: Parts: County Listing Pov. Pop. Pov. Pop. Pov PopÐSubregion 4B CountyÐPenuelas County Name CountyÐAnasco Parts: *St. Thomas Parts: Pov. Pop. Service Area: East End St. Thomas Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51605
PRIMARY MEDICAL CARE: Virgin Islands DENTAL: Alabama DENTAL: Arizona Service Area Listing Service Area Listing County Listing
Service Area Name Service Area Name County Name East End St. Thomas C.T. 7.01±7.02 Population Group: Low Inc-Coolidge/Eloy/ CountyÐSt. Thomas C.T. 8 Casa Grande Parts: C.T. 10.01±10.02 *Santa Cruz East End C.T. 11 Yuma Southside C.T. 12.01 Service Area: Wellton Tutu C.T. 13.01±13.02 Population Group: Low IncÐSomerton C.T. 14 DENTAL: Alabama C.T. 15.01±15.02 DENTAL: Arizona County Listing C.T. 16 Service Area Listing C.T. 23.01±23.02 County Name C.T. 24 Service Area Name *Bibb C.T. 26 Apache Blount C.T. 38.01 CountyÐNavajo *Bullock C.T. 39.01±39.02 Parts: *Butler C.T. 40±50 Apache CCD *Cherokee Hurtsboro Arivaca *Clay CountyÐRussell CountyÐPima *Conecuh Parts: Parts: *Coosa Hurtsboro CCD (C.T. 311) Arivaca CCD *Crenshaw North Mobile Elfrida *De Kalb CountyÐMobile CountyÐCochise Service Area: Crossville Parts: Parts: Etowah C.T. 58±60 Elfrida CCD Population Group: Pov PopÐEast Gasden Florence *Fayette DENTAL: Alabama CountyÐPinal *Geneva Population Group Listing Parts: *Greene Florence CCD *Hale Population Group Fort Defiance *Lamar Pov PopÐEast Gasden 3 CountyÐApache *Lowndes CountyÐEtowah Parts: *Macon Parts: Ft Defiance CCD *Marengo C.T. 13±17 Miami-Tonto Mobile C.T. 105.01±105.02 Parts: Service Area: Bayou La Batre/Grand Bay C.T. 106 Miami CCD Service Area: East Mobile/Prichard Pov PopÐTuscaloosa Co Tonto CCD Service Area: North Mobile CountyÐTuscaloosa San Manuel *Perry Parts: CountyÐPinal *Pickens Pov Pop Parts: *Pike San Manuel CCD Russell DENTAL: Alabama Sweetwater Service Area: Hurtsboro Facility Listing CountyÐApache *Sumter Parts: *Talladega (g) Facility Name Sweetwater CCD Facility: FCIÐTalladega FCIÐTalladega Tuba City Tuscaloosa CountyÐTalladega CountyÐCoconino Population Group: Pov PopÐTuscaloosa Parts: Co DENTAL: Arizona Tuba City CCD *Washington County Listing Wellton *Wilcox CountyÐYuma *Winston County Name Parts: *Apache Wellton CCD DENTAL: Alabama Service Area: Fort Defiance Williams Service Area Listing Service Area: Sweetwater CountyÐCoconino *Cochise Parts: Service Area Name Service Area: Elfrida Williams CCD Bayou La Batre/Grand Bay *Coconino CountyÐMobile Service Area: Tuba City DENTAL: Arizona Parts: Service Area: Williams Population Group Listing C.T. 66±67 *Greenlee C.T. 72.02 *La Paz Population Group C.T. 73 Maricopa Low IncÐEl Mirage Crossville Population Group: Low IncÐGuadalupe CountyÐMaricopa CountyÐDe Kalb Population Group: Low IncÐS Phoenix Parts: Parts: Population Group: Low IncÐEl Mirage C.T. 405.02 Collinsville CCD *Navajo C.T. 405.09 Crossville CCD Service Area: Apache C.T. 608±609 East Mobile/Prichard Pima Low IncÐGuadalupe CountyÐMobile Service Area: Arivaca CountyÐMaricopa Parts: Population Group: Low IncÐMarana Parts: C.T. 1±3 Pinal C.T. 3200.02 C.T. 4.01±4.02 Service Area: Florence Low IncÐMarana C.T. 5±6 Service Area: San Manuel CountyÐPima 51606 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
DENTAL: Arizona DENTAL: California DENTAL: California Population Group Listing County Listing County Listing
Population Group County Name County Name Parts: Population Group: Low Inc/MFWÐOroville/ Sutter Marana CCD Palermo Service Area: Meridian-Robbins Low IncÐS Phoenix *Colusa *Tehama CountyÐMaricopa Population Group: Low Inc/MFWÐColusa Population Group: Pov PopÐTehama Co Parts: Co *Trinity C.T. 1152±1161 *Del Norte Service Area: Lower Trinity/Helena/Salyer C.T. 1162.02±1162.04 Population Group: MedicaidÐDel Norte Co Service Area: Mad River/Ruth/Zenia C.T. 1163±1165 Fresno Tulare C.T. 1166.01±1166.02 Service Area: San Joaquin/Tranquility Service Area: Porterville Low IncÐSomerton *Humboldt Service Area: Tipton/Earliment CountyÐYuma Population Group: Low IncÐGarberville/ Ventura Parts: Redway Population Group: Low Inc/MFWÐNorth- Somerton CCD Population Group: Low IncÐTrinity/Klam- ern Ventura Low Inc-Coolidge/Eloy/Casa Grande ath CountyÐPinal *Imperial DENTAL: California Parts: Service Area: Brawley-Calipatria Service Area Listing Casa Grande CCD Service Area: Calexico Coolidge CCD Service Area: East Imperial Service Area Name Eloy CCD Service Area: El Centro Avalon/Goodyear/Main Service Area: West Imperial CountyÐLos Angeles DENTAL: Arkansas Population Group: MedicaidÐWinterhaven- Parts: County Listing Bard C.T. 2281±2289 *Inyo C.T. 2291±2294 County Name Service Area: Lone Pine C.T. 2311 *Ashley Kern C.T. 2318±2319 Service Area: Parkdale Service Area: S. Westside/Frazier Park C.T. 2328 *Calhoun Service Area: Se Kern/Boron/California C.T. 2392±2393 *Cleveland City C.T. 2395±2396 Jefferson Population Group: InmatesÐFPC Boron C.T. 5328±5329 Population Group: Pov PopÐAltheimer Population Group: MedicaidÐArvin-Lamont Boonville/Navarro/Philo/Yorkville *Lafayette *Lassen CountyÐMendocino *Lee Service Area: Honey Lake Parts: *Lincoln Los Angeles C.T. 112 *Monroe Service Area: Avalon/Goodyear/Main Brawley-Calipatria *Newton Service Area: Dominguez/W Compton/ CountyÐImperial *Perry Willowbrook Parts: *Phillips Service Area: East Compton C.T. 101±107 *Prairie Service Area: El Sereno/Highland Pk/Lin- C.T. 123.02 *Sharp coln Hts/Mt Was Butte Valley/Dorris *Woodruff Service Area: Exposition Park/S Vermont CountyÐSiskiyou Service Area: Figueroa/Firestone/Green Parts: DENTAL: Arkansas Meadows/Watts C.T. 2 Service Area Listing Service Area: Lynwood/Paramount Calexico *Mendocino CountyÐImperial Service Area Name Service Area: Boonville/Navarro/Philo/ Parts: Parkdale Yorkville C.T. 119±122 CountyÐAshley Service Area: Laytonville/Leggett Chuckwalla/Desert Center/Eagle Mt Parts: Population Group: Low IncÐHopland/ CountyÐRiverside Beech Creek Twp Ukiah Parts: De Bastrop Twp Population Group: Low IncÐWillits C.T. 458 Portland Twp Monterey Coastal/Big Sur/Lucial Wilmot Twp Service Area: Coastal/Big Sur/Lucial CountyÐMonterey Service Area: E Salinas/N Central Salinas Parts: DENTAL: Arkansas Service Area: King City/Greenfield/Soledad C.T. 115 Population Group Listing Service Area: Pajaro Dominguez/W Compton/Willowbrook Riverside CountyÐLos Angeles Population Group Service Area: Chuckwalla/Desert Center/ Parts: Pov PopÐAltheimer Eagle Mt C.T. 5406±5408 CountyÐJefferson Service Area: S Coachella Valley/Mecca C.T. 5409.01±5409.02 Parts: Population Group: Low IncÐBlythe C.T. 5410.01±5410.02 C.T. 1.02 San Francisco C.T. 5411±5415 C.T. 1.85 Population Group: Low IncÐSouth Of Mar- C.T. 5425±5432 C.T. 7 ket C.T. 5433.01 San Mateo C.T. 5433.03 DENTAL: California Service Area: East Palo Alto C.T. 5433.21±5433.22 County Listing Santa Cruz C.T. 5434 Service Area: Watsonville C.T. 5440 County Name *Siskiyou E Salinas/N Central Salinas Alameda Service Area: Butte Valley/Dorris CountyÐMonterey Service Area: East Oakland/Fruitvale Sonoma Parts: Population Group: InmatesÐFCI Dublin Population Group: Low IncÐHealdsburg/ C.T. 5±9 Butte Geyserville C.T. 13 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51607
DENTAL: California DENTAL: California DENTAL: California Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name C.T. 17±18 Honey Lake Parts: East Compton CountyÐLassen C.T. 1101±1103 CountyÐLos Angeles Parts: C.T. 1104.98 Parts: C.T. 406 C.T. 1105±1107 C.T. 5416.01±5416.02 King City/Greenfield/Soledad C.T. 1223 C.T. 5420 CountyÐMonterey C.T. 1224.97±1224.98 C.T. 5421.01±5421.02 Parts: C.T. 1225.98 C.T. 5422 C.T. 111±113 (King City) West Imperial C.T. 5424.01±5424.02 Laytonville/Leggett CountyÐImperial C.T. 5704 CountyÐMendocino Parts: East Imperial Parts: C.T. 123.01 CountyÐImperial C.T. 102 Parts: Lone Pine DENTAL: California C.T. 124 CountyÐInyo Population Group Listing East Oakland/Fruitvale Parts: CountyÐAlameda Lone Pine Div. Population Group Parts: Lower Trinity/Helena/Salyer InmatesÐFCI Dublin C.T. 4052±4066 CountyÐTrinity CountyÐAlameda C.T. 4070±4078 Parts: Parts: C.T. 4082±4098 C.T. 2 FCI Dublin C.T. 4101±4104 Lynwood/Paramount InmatesÐFPC Boron East Palo Alto CountyÐLos Angeles CountyÐKern CountyÐSan Mateo Parts: Parts: Parts: C.T. 5362 FPC Boron C.T. 6117±6120 C.T. 5400 Low IncÐBlythe C.T. 6121.98 C.T. 5401.01±5401.02 CountyÐRiverside El Centro C.T. 5402±5403 Parts: CountyÐImperial C.T. 5405 C.T. 459±462 Parts: C.T. 5417±5418 Low IncÐGarberville/Redway C.T. 108±111 C.T. 5535±5539 CountyÐHumboldt C.T. 112.01±112.02 Mad River/Ruth/Zenia Parts: C.T. 113±117 CountyÐTrinity C.T. 113 C.T. 118.01±118.03 Parts: Low IncÐHealdsburg/Geyserville El Sereno/Highland Pk/Lincoln Hts/Mt Was C.T. 4 CountyÐSonoma CountyÐLos Angeles Meridian±Robbins Parts: Parts: CountyÐSutter C.T. 1538±1540 C.T. 1831.01±1831.02 Parts: Low IncÐHopland/Ukiah C.T. 1832±1833 C.T. 509 CountyÐMendocino C.T. 1835±1838 Pajaro Parts: C.T. 1851 CountyÐMonterey C.T. 113±118 C.T. 1852.01±1852.02 Parts: Low IncÐSouth Of Market C.T. 1853 C.T. 101.98 CountyÐSan Francisco C.T. 1990±1991 C.T. 102.01±102.02 Parts: C.T. 1992.01±1992.02 Porterville C.T. 122±125 C.T. 1993±1994 CountyÐTulare C.T. 176.02 C.T. 1997±1999 Parts: C.T. 176.98 C.T. 2011±2012 C.T. 33±41 C.T. 177±178 C.T. 2013.01±2013.02 C.T. 45 C.T. 179.01±179.02 C.T. 2014.01±2014.02 S Coachella Valley/Mecca C.T. 179.99±180.00 C.T. 2015.01±2015.02 CountyÐRiverside C.T. 201.98 C.T. 2016±2017 Parts: C.T. 226±229 C.T. 5307 C.T. 456.01±456.02 C.T. 607 Exposition Park/S Vermont S. Westside/Frazier Park Low IncÐTrinity/Klamath CountyÐLos Angeles CountyÐKern CountyÐHumboldt Parts: Parts: Parts: C.T. 2312±2317 C.T. 33.02 C.T. 101 C.T. 2321±2327 San Joaquin/Tranquility Low IncÐWillits C.T. 2371±2379 CountyÐFresno CountyÐMendocino C.T. 2381±2383 Parts: Parts: Figueroa/Firestone/Green Meadows/Watts C.T. 82 C.T. 106±107 CountyÐLos Angeles Se Kern/Boron/California City Low Inc/MFWÐColusa Co Parts: CountyÐKern CountyÐColusa C.T. 2397±2398 Parts: Parts: C.T. 2400 C.T. 55.03±55.06 Low Income C.T. 2402±2414 C.T. 56±59 Migrant C.T. 2420±2423 Tipton/Earliment Low Inc/MFWÐNorthern Ventura C.T. 2426±2427 CountyÐTulare CountyÐVentura C.T. 2430±2431 Parts: Parts: C.T. 5349±5350 C.T. 32 (Tipton) Camarillo CCD C.T. 5351.01±5351.02 C.T. 42±44 (Earliment) Fillmore-Piru CCD C.T. 5352±5354 Watsonville Las Posas CCD C.T. 5404 CountyÐSanta Cruz Los Padres CCD 51608 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
DENTAL: California DENTAL: Colorado DENTAL: Connecticut Population Group Listing Service Area Listing Service Area Listing
Population Group Service Area Name Service Area Name Meiners Oaks-Ojai CCD CountyÐDenver Parts: Oxnard CCD Parts: C.T. 702±712 Santa Paula CCD C.T. 83.04±83.06 Ventura CCD C.T. 83.11±83.12 DENTAL: Connecticut Low Inc/MFWÐOroville/Palermo Westside (Denver) Population Group Listing CountyÐButte CountyÐDenver Parts: Parts: Population Group C.T. 25±33 C.T. 2.01±2.02 InmatesÐFCI Danbury MedicaidÐArvin-Lamont C.T. 4.01±4.02 CountyÐFairfield CountyÐKern C.T. 5.01±5.02 Parts: FCI Danbury Parts: C.T. 6 Low IncÐLower Shoreline C.T. 62±64 C.T. 7.01±7.02 CountyÐMiddlesex MedicaidÐDel Norte Co C.T. 8 CountyÐDel Norte Parts: C.T. 9.01±9.03 Chester Town Parts: C.T. 10 Denti-Cal Eligible Clinton Town C.T. 11.01±11.02 Deep River Town MedicaidÐWinterhaven-Bard C.T. 13.01±13.02 CountyÐImperial Essex Town C.T. 14.01±14.02 Killingworth Town Parts: C.T. 18±19 C.T. 125 Old Saybrook Town C.T. 21 Pov PopÐTehama Co Westbrook Town C.T. 45.01±45.02 CountyÐTehama CountyÐNew London C.T. 46.01±46.02 Parts: Parts: C.T. 54.02 Pov Pop Lyme Town Old Lyme Town DENTAL: Connecticut Low IncÐNew London (Inner City) DENTAL: Colorado County Listing County Listing CountyÐNew London Parts: County Name County Name C.T. 6901 Adams Fairfield C.T. 6903±6906 Service Area: Commerce City Service Area: Central/East Bridgeport C.T. 6906.99±6907.00 *Costilla Service Area: Southwest Bridgeport C.T. 6907.99 Denver Population Group: InmatesÐFCI Danbury Low IncÐNorwich Service Area: Eastside (Denver) Hartford CountyÐNew London Service Area: Montbello Service Area: Charter Oak/Frog Hollow/ Parts: Service Area: Westside (Denver) Parkville Bozrah Town *Kiowa Middlesex Franklin Town Pueblo Population Group: Low IncÐLower Shore- Griswold Town Service Area: Avondale line Lisbon Town *Saguache Population Group: Pov/HomelessÐCent Montville Town Middletown Norwich Town Preston Town DENTAL: Colorado New London Service Area Listing Population Group: Low IncÐLower Shore- Sprague Town line Voluntown Town Service Area Name Population Group: Low IncÐNorwich Low IncÐTown Of Windham Avondale Population Group: Low IncÐNew London CountyÐWindham CountyÐPueblo (Inner City) Parts: Parts: Windham Windham Town Pov/HomelessÐCent Middletown C.T. 32±34 Population Group: Low IncÐTown Of CountyÐMiddlesex Commerce City Windham Parts: CountyÐAdams C.T. 5411 Parts: DENTAL: Connecticut C.T. 5415±5418 C.T. 87.03 Service Area Listing C.T. 87.05±87.06 C.T. 88.01±88.02 Service Area Name DENTAL: Delaware County Listing C.T. 89.01 Central/East Bridgeport C.T. 89.52 CountyÐFairfield County Name Eastside (Denver) Parts: *Sussex CountyÐDenver C.T. 713±717 C.T. 735±736 Parts: DENTAL: District Of Columbia C.T. 15±16 C.T. 738±744 County Listing C.T. 23 Charter Oak/Frog Hollow/Parkville C.T. 24.01±24.02 CountyÐHartford County Name C.T. 25 Parts: Dist Of Columbia C.T. 26.01±26.02 C.T. 5001±5002 Population Group: HomelessÐDowntown C.T. 27.01±27.03 C.T. 5019 D.C. C.T. 28.01±28.03 C.T. 5027±5030 C.T. 35 C.T. 5043 DENTAL: District Of Columbia C.T. 36.01±36.03 C.T. 5045±5046 Population Group Listing C.T. 41.01±41.02 C.T. 5049 C.T. 41.04 Southwest Bridgeport Population Group Montbello CountyÐFairfield HomelessÐDowntown D.C. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51609
DENTAL: District Of Columbia DENTAL: Florida DENTAL: Florida Population Group Listing County Listing Population Group Listing
Population Group County Name Population Group CountyÐDist Of Columbia Population Group: Low IncÐInner St. Pe- InmatesÐFPC Elgin Parts: tersburg CountyÐOkaloosa Parts: C.T. 40.01±40.02 Polk FPC Elgin C.T. 41 Service Area: Frostproof C.T. 42.02 Low IncÐBond Community *Putnam CountyÐLeon C.T. 46 Seminole C.T. 48.01±48.02 Parts: Population Group: MedicaidÐSeminole Co C.T. 1 C.T. 49.01±49.02 St Lucie C.T. 50±51 C.T. 4±6 Population Group: Pov/MFWÐSt Lucie Co C.T. 52.10 C.T. 10.01 *Sumter C.T. 52.20 C.T. 11.01±11.02 C.T. 53.01±53.02 *Suwannee C.T. 12±14 C.T. 54.01±54.02 *Taylor Low IncÐInner St. Petersburg C.T. 55.01±55.02 *Union CountyÐPinellas C.T. 56 *Walton Parts: C.T. 57.01±57.02 *Washington C.T. 201.01 C.T. 58±59 C.T. 203.01 DENTAL: Florida C.T. 204±208 C.T. 209.95 DENTAL: Florida Service Area Listing County Listing C.T. 210.95 Service Area Name C.T. 212±213 County Name Belle Glade/Pahokee C.T. 213.99±214.00 Collier CountyÐPalm Beach C.T. 215 Service Area: Everglades Parts: C.T. 216.95 Service Area: Immokalee C.T. 80.01±80.02 C.T. 218.95 Dade C.T. 81.01±81.02 C.T. 219.95 C.T. 220 Service Area: Model City C.T. 82.01±82.03 C.T. 234±235 Population Group: Pov/MFWÐHomestead C.T. 83.01±83.02 *De Soto MedicaidÐSeminole Co Everglades CountyÐSeminole *Franklin CountyÐCollier Gadsden Parts: Parts: *Gilchrist Medicaid Eligible C.T. 111.01±111.02 Glades Pov PopÐHamilton Co Service Area: Glades/Hendry Frostproof CountyÐHamilton *Gulf CountyÐPolk Parts: *Hamilton Parts: Pov Pop Population Group: Pov PopÐHamilton Co C.T. 142±144 Pov PopÐOkaloosa Co *Hardee C.T. 154±158 CountyÐOkaloosa Hendry C.T. 160 Parts: Service Area: Glades/Hendry C.T. 161.98 Pov Pop *Highlands Glades/Hendry Pov/MFWÐHillsborough/Manatee Hillsborough CountyÐHendry CountyÐHillsborough Population Group: Pov/MFWÐ Immokalee Parts: Hillsborough/Manatee CountyÐCollier C.T. 121.03±121.06 *Holmes Parts: C.T. 122.01 *Jackson C.T. 112.01±112.03 C.T. 122.03±122.04 Facility: FCIÐMarianna C.T. 113±114 C.T. 123.01±123.02 *Jefferson Indiantown C.T. 124±131 *Lafayette CountyÐMartin C.T. 132.01±132.02 Lake Parts: C.T. 133.01±133.02 Population Group: Pov/MFWÐLake Co C.T. 17±18 C.T. 133.04±133.05 Lee Model City C.T. 134.01±134.03 Population Group: Pov/MFWÐLee Co CountyÐDade C.T. 135.01±135.02 Leon Parts: C.T. 136±138 Population Group: Low IncÐBond Com- C.T. 4.08 C.T. 139.02±139.05 munity C.T. 140.01±140.03 C.T. 9.01±9.03 *Levy C.T. 141.01 C.T. 10.01±10.04 *Madison C.T. 141.03±141.04 C.T. 11.03 Manatee CountyÐManatee C.T. 14.01 Population Group: Pov/MFWÐ Parts: Hillsborough/Manatee C.T. 15.01±15.02 C.T. 13 Martin C.T. 17.01±17.02 C.T. 14.01±14.02 Service Area: Indiantown C.T. 18.01±18.03 C.T. 15.01±15.02 Okaloosa C.T. 19.01 C.T. 16 Population Group: InmatesÐFPC Elgin C.T. 19.03 C.T. 19.01 Population Group: Pov PopÐOkaloosa Co C.T. 20.01±20.02 C.T. 19.03±19.04 *Okeechobee C.T. 22.01±22.02 C.T. 1901 Palm Beach C.T. 23 Pov/MFWÐHomestead Service Area: Belle Glade/Pahokee West Palm Beach CountyÐDade Service Area: West Palm Beach CountyÐPalm Beach Parts: Pasco Parts: C.T. 113±114 Pinellas C.T. 21±26 Pov/MFWÐLake Co 51610 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
DENTAL: Florida DENTAL: Georgia DENTAL: Idaho Population Group Listing Service Area Listing County Listing
Population Group Service Area Name County Name CountyÐLake C.T. 42.95 *Camas Parts: C.T. 43 Canyon Pov Pop/MFW C.T. 60±62 Population Group: Pov/MFWÐS Treasure Pov/MFWÐLee Co C.T. 66.02 Valley CountyÐLee C.T. 78.04 *Clark Parts: C.T. 80 *Elmore Pov Pop/MFW C.T. 81.01±81.02 Population Group: Pov PopÐPublic Health Pov/MFWÐSt Lucie Co C.T. 82.01±82.02 Dist Iv CountyÐSt Lucie C.T. 83.01±83.02 *Gem Parts: C.T. 84±85 Population Group: Low Inc/MFWÐN Pov Pop/MFW C.T. 86.01±86.02 Treasure Valley C.T. 87.01±87.02 *Idaho DENTAL: Florida C.T. 88 *Jefferson Facility Listing Service Area: Hamer DENTAL: Georgia *Lincoln Facility Name Population Group Listing *Owyhee FCIÐMarianna Population Group: Pov/MFWÐS Treasure CountyÐJackson Population Group Valley Low IncÐDawson Co *Payette DENTAL: Georgia Parts: Population Group: Low Inc/MFWÐN County Listing Low Income Treasure Valley *Twin Falls County Name DENTAL: Georgia Population Group: MSFWÐTwin Falls Co Bryan Facility Listing *Valley *Burke Population Group: Pov PopÐPublic Health De Kalb Facility Name FCIÐJesup Dist Iv Service Area: East Atlanta *Washington Fulton CountyÐWayne Metro Corr Inst Population Group: Low Inc/MFWÐN Service Area: Atlanta Southside Treasure Valley Service Area: West Atlanta CountyÐFulton Facility: Metro Corr Inst USP Atlanta CountyÐFulton DENTAL: Idaho Facility: USP Atlanta Service Area Listing *Liberty *Long DENTAL: Hawaii Service Area Name County Listing *McIntosh Hamer *Tattnall County Name CountyÐJefferson *Wayne Honolulu Parts: Facility: FCIÐJesup Facility: Oahu Comm. Corr. C. Hamer CCD *Maui Roberts CCD DENTAL: Georgia Service Area: Hana/Haiku Service Area Listing Service Area: Lanai DENTAL: Idaho Population Group Listing Service Area Name Atlanta Southside DENTAL: Hawaii Service Area Listing Population Group CountyÐFulton Low Inc/MFWÐN Treasure Valley Parts: Service Area Name CountyÐGem C.T. 44 Hana/Haiku Parts: C.T. 46.95 CountyÐMaui Low Income/MFW C.T. 48 Parts: CountyÐPayette C.T. 49.95 C.T. 301±302 Parts: C.T. 50 Lanai Low Income/MFW C.T. 52±53 CountyÐMaui CountyÐWashington C.T. 55.01±55.02 Parts: Parts: C.T. 56±58 Lanai CCD Low Income/MFW C.T. 63±64 MSFWÐTwin Falls Co C.T. 67 DENTAL: Hawaii CountyÐTwin Falls C.T. 68.01±68.02 Facility Listing Parts: C.T. 69±73 MSFW East Atlanta Facility Name Pov PopÐPublic Health Dist Iv CountyÐDe Kalb Oahu Comm. Corr. C. CountyÐAda Parts: CountyÐHonolulu Parts: C.T. 205±209 Pov Pop C.T. 227 DENTAL: Idaho CountyÐBoise C.T. 231.01 County Listing Parts: C.T. 235.01±235.02 Pov Pop C.T. 236±237 County Name CountyÐElmore West Atlanta Ada Parts: CountyÐFulton Population Group: Pov PopÐPublic Health Pov Pop Parts: Dist Iv CountyÐValley C.T. 8 *Boise Parts: C.T. 22±26 Population Group: Pov PopÐPublic Health Pov. Pop. C.T. 36±41 Dist Iv Pov/MFWÐS Treasure Valley Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51611
DENTAL: Idaho DENTAL: Indiana DENTAL: Kentucky Population Group Listing Service Area Listing County Listing
Population Group Service Area Name County Name CountyÐCanyon CountyÐMarion *Ballard Boyd Parts: Parts: Canyon Facility: FCI Ashland C.T. 3526±3527 *Edmonson CountyÐOwyhee C.T. 3544±3545 Parts: *Estill C.T. 3547±3551 *Floyd Homedale CCD Near North Side (Indianapolis) Marsing CCD Service Area: Mud Creek CountyÐMarion *Grant Parts: *Harlan DENTAL: Illinois C.T. 3517 County Listing *Hart C.T. 3519 *Jackson County Name C.T. 3521 Jefferson Cook C.T. 3528 Service Area: West EndÐLouisville Service Area: Riverdale (Chicago) C.T. 3531±3532 *Knott Population Group: HomelessÐChicago South Central Indianapolis *Larue Population Group: InmatesÐMCC Chicago CountyÐMarion *Laurel Facility: Cook Co Dept Of Corr Comp Parts: Lee C.T. 3556±3557 Service Area: Lee/Owsley DENTAL: Illinois C.T. 3559 *Leslie Service Area Listing C.T. 3562 *McCreary *Meade C.T. 3569±3572 *Menifee Service Area Name C.T. 3578±3580 Riverdale (Chicago) Owsley CountyÐCook Service Area: Lee/Owsley Parts: DENTAL: Iowa *Perry County Listing C.T. 5401 Service Area: Blackey/Cornettsville *Rockcastle County Name *Todd DENTAL: Illinois *Guthrie Population Group Listing *Wolfe Service Area: Guthrie Center Polk Population Group DENTAL: Kentucky HomelessÐChicago Population Group: Pov PopÐPolk Co Service Area Listing CountyÐCook Parts: DENTAL: Iowa Service Area Name Comm. Area 3 (Uptown) Service Area Listing Blackey/Cornettsville Comm. Area 4 (Lincoln S Parts: Comm. Area 5 (North Cen Service Area Name Blackey CCD Comm. Area 6 (Lakeview) Guthrie Center CountyÐPerry Comm. Area 7 (Lincoln P CountyÐGuthrie Parts: Comm. Area 8 (Near Nort Parts: Daisy CCD Comm. Area 22 (Logan Squ Baker Twp. Lee/Owsley Comm. Area 24 (West Town Bear Grove Twp. CountyÐLee Comm. Area 28 (Near West Beaver Twp. CountyÐOwsley Comm. Area 32 (Loop) Cass Twp. Mud Creek InmatesÐMCC Chicago Dodge Twp. CountyÐFloyd CountyÐCook Grant Twp. Parts: Parts: Highland Twp. McDowell CCD MCC Chicago Jackson Twp. Mud Creek CCD Orange Twp. Wheelwright-Weeksbury DENTAL: Illinois Richland Twp. West EndÐLouisville Facility Listing Seely Twp. CountyÐJefferson Thompson Twp. Parts: Facility Name C.T. 1±18 Union Twp. Cook Co Dept Of Corr Comp C.T. 20±24 Valley Twp. CountyÐCook C.T. 27±28 Victory Twp. C.T. 30 DENTAL: Indiana C.T. 34±35 County Listing DENTAL: Iowa Population Group Listing DENTAL: Kentucky County Name Facility Listing *Jennings Population Group Marion Pov PopÐPolk Co Facility Name Service Area: Highland-Brookside (Indian- CountyÐPolk FCI Ashland 1 apolis) Parts: CountyÐBoyd Service Area: Near North Side (Indianap- Pov Pop olis) DENTAL: Louisiana Service Area: South Central Indianapolis DENTAL: Kansas Parish Listing County Listing DENTAL: Indiana Parish Name Service Area Listing County Name *Assumption *Republic *Bienville Service Area Name *Wabaunsee Caddo Highland-Brookside (Indianapolis) *Wallace Service Area: Martin Luther King Drive 51612 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
DENTAL: Louisiana DENTAL: Louisiana DENTAL: Maine Parish Listing Service Area Listing Service Area Listing
Parish Name Service Area Name Service Area Name Service Area: Vivian/Gilliam C.T. 248±250 Monroe Twn. Calcasieu C.T. 251.98 Montville Twn. Service Area: North Lake Charles Morrill Twn. *Caldwell DENTAL: Louisiana Northport Twn. *De Soto Population Group Listing Searsmont Twn. East Baton Rouge Searsport Twn. Service Area: Eden Park/South Baton Population Group Stockton Springs Twn. Rouge Low IncÐCentral City Swanville Twn. *East Carroll ParishÐOrleans Waldo Twn. *Franklin Parts: Danforth *Iberville C.T. 67±68 CountyÐAroostook Service Area: Carville C.T. 79±80 Parts: *Jackson C.T. 84±86 Bancroft Town *Madison C.T. 91±92 Orient Town *Morehouse C.T. 93.01±93.02 Weston Town *Natchitoches C.T. 94 CountyÐPenobscot Orleans Parts: Service Area: Desire/Florida DENTAL: Maine Drew Plt. Service Area: Lower 9Th Ward County Listing Kingman Twp. Population Group: Low IncÐCentral City Prentiss Plt. *Red River County Name CountyÐWashington *St Mary Androscoggin Parts: *Tensas Service Area: Jay-Livermore Codyville Town *Union *Aroostook Danforth Town *Vernon Service Area: Allagash Grand Lake Stream Plt. West Baton Rouge Service Area: Danforth Indian Twp. *West Carroll Service Area: Fort Kent N. Washington Unorg. *Winn Service Area: Island Falls/Patten Talmage Town Service Area: Presque Isle Topsfield Town DENTAL: Louisiana *Franklin Vanceboro Town Service Area Listing Service Area: Jay-Livermore Waite Town Service Area: Rangeley/Kingsfield Eastport/Lubec Service Area Name *Hancock CountyÐWashington Carville Service Area: Gouldsboro Parts: ParishÐIberville *Kennebec Dennysville Twn Parts: Service Area: Jay-Livermore Eastport City District 4 *Knox Lubec Twn Desire/Florida Service Area: Penobscot Bay Pembroke Twn ParishÐOrleans *Oxford Perry Twn Parts: Service Area: Jay-Livermore Plantation ι14 C.T. 11 Service Area: Rangeley/Kingsfield Whiting Twn C.T. 11.99±12.00 Penobscot Fort Kent C.T. 13.01±13.02 Service Area: Danforth CountyÐAroostook C.T. 14.01±14.02 Service Area: Island Falls/Patten Parts: C.T. 15±16 Waldo Eagle Lake Town C.T. 17.03 Service Area: Belfast Fort Kent Town C.T. 17.98 *Washington Frenchville Town Eden Park/South Baton Rouge Service Area: Danforth Grand Isle Town ParishÐEast Baton Rouge Service Area: Eastport/Lubec Hamlin Town Parts: Service Area: Gouldsboro Madawaska Town C.T. 8±10 New Canada Town C.T. 12±16 DENTAL: Maine St Agatha Town C.T. 21±22 Service Area Listing Van Buren Town C.T. 24±25 Wallagrass Plt Lower 9Th Ward Service Area Name Winterville Plt ParishÐOrleans Allagash Gouldsboro Parts: CountyÐAroostook CountyÐHancock C.T. 7.01±7.02 Parts: Parts: C.T. 8 Allagash Town East Hancock Unorg. C.T. 9.01±9.04 Northwest Aroostook Unorg Gouldsboro Town Martin Luther King Drive St. Francis Town Sorrento Town ParishÐCaddo St. John Town Sullivan Town Parts: Belfast Winter Harbor Town C.T. 246 CountyÐWaldo CountyÐWashington North Lake Charles Parts: Parts: ParishÐCalcasieu Belfast Twn. Beddington Town Parts: Belmont Twn. Cherryfield Town C.T. 2±4 Brooks Twn. Columbia Town C.T. 14±15 Jackson Twn. Deblois Town Vivian/Gilliam Knox Twn. Harrington Town ParishÐCaddo Liberty Twn. Milbridge Town Parts: Lincolnville Twn. Steuben Town Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51613
DENTAL: Maine DENTAL: Maine DENTAL: Massachusetts Service Area Listing Service Area Listing Population Group Listing
Service Area Name Service Area Name Population Group Island Falls/Patten Parts: Low IncÐAllston-Brighton CountyÐAroostook Carrabasset Valley Twn CountyÐSuffolk Parts: Coplin Plantation Parts: Benedicta Twn Dallas Plantation C.T. 1 Crystal Twn Eustis Twn C.T. 2.01±2.02 Dyer Brook Twn Kingsfield Twn C.T. 3 Hersey Twn Madrid Twn C.T. 4.01±4.02 Island Falls Twn Phillips Twn C.T. 5.01±5.02 Moro Plantation Rangeley Plantation C.T. 6.01±6.02 Sherman Twn Rangeley Twn C.T. 7.01±7.02 CountyÐPenobscot Sandy River Plantation C.T. 8.01±8.02 Parts: Unorg. Terr.ÐE.C.Franklin Low IncÐWorcester Mt. Chase Twn CountyÐOxford CountyÐWorcester Patten Twn Parts: Parts: Staceyville Twn Lincoln Plantation C.T. 7301±7303 Jay-Livermore Magalloway Plantation C.T. 7304.01±7304.02 CountyÐAndroscoggin Unorg. Terr.ÐN.Oxford C.T. 7305±7307 Parts: C.T. 7308.01±7308.02 C.T. 7309.01±7309.02 Livermore Town DENTAL: Maryland Livermore Falls Town County Listing C.T. 7310 CountyÐFranklin C.T. 7311.01±7311.02 Parts: County Name C.T. 7312.01±7312.02 Jay Town Baltimore City C.T. 7313±7319 CountyÐKennebec Population Group: HomelessÐBaltimore C.T. 7320.01±7320.02 Parts: City C.T. 7321 Fayette Town C.T. 7322.01±7322.03 CountyÐOxford DENTAL: Maryland C.T. 7323±7328 Parts: Population Group Listing C.T. 7329.01±7329.02 Canton Town C.T. 7330 Hartford Town Population Group C.T. 7331.01±7331.02 Sumner Town HomelessÐBaltimore City Penobscot Bay CountyÐBaltimore City DENTAL: Michigan CountyÐKnox Parts: County Listing Parts: C.T. 302 Matinicus Isle Platation C.T. 401±402 County Name North Haven C.T. 501 *Alcona Vinalhaven C.T. 908±909 *Alger Presque Isle C.T. 1001±1002 Population Group: Low IncÐAlger Co CountyÐAroostook C.T. 1004 Allegan Parts: C.T. 1204±1205 Population Group: Low Inc/MFWÐAllegan Ashland Town C.T. 1701±1702 Co Blaine Town C.T. 2201.01 *Antrim Bridgewater Town Population Group: Pov PopÐAntrim/ Caribou City DENTAL: Massachusetts Charlevoix Castle Hill Town County Listing *Arenac Caswell Town Population Group: Pov PopÐArenac Co Central Aroostook Unorg County Name *Baraga Chapman Town Suffolk Population Group: Low IncÐBaraga Co Connor Unorg Service Area: North Dorchester *Barry Cyr Plt Service Area: Roxbury Population Group: Low Inc/MFWÐBarry E Plt Service Area: South End Co Easton Town Population Group: Low IncÐAllston-Brigh- *Charlevoix Fort Fairfield Town ton Population Group: Pov PopÐAntrim/ Garfield Plt Worcester Charlevoix Limestone Town Population Group: Low IncÐWorcester *Chippewa Mapleton Town Population Group: Low IncÐChippewa Co Mars Hill Town DENTAL: Massachusetts *Clare Masardis Town Service Area Listing Service Area: Harrison Nashville Plt *Delta New Sweden Town Service Area Name Population Group: Low IncÐDelta Co Oxbow Plt North Dorchester *Dickinson Perham Town CountyÐSuffolk Population Group: Low IncÐDickenson Co Portage Lake Town Parts: Genesee Presque Isle City C.T. 901±924 Service Area: North Flint/Beecher Stockholm Town Roxbury *Gogebic Wade Town CountyÐSuffolk Population Group: Low IncÐGogebic Co Washburn Town Parts: *Houghton Westfield Town C.T. 801±821 Population Group: Low IncÐHoughton Co Westmanland Town South End *Iosco Woodland Town CountyÐSuffolk Population Group: Pov PopÐIosco Co Rangeley/Kingsfield Parts: *Iron CountyÐFranklin C.T. 704±712 Population Group: Low IncÐIron Co 51614 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
DENTAL: Michigan DENTAL: Michigan DENTAL: Michigan County Listing Service Area Listing Population Group Listing
County Name Service Area Name Population Group Jackson Franklin Twp. Low Income Population Group: Low IncÐNe Jackson Freeman Twp. Low IncÐIron Co City Frost Twp. CountyÐIron Facility: Jackson Reg. Clin. Complex Greenwood Twp. Parts: Kalamazoo Hamilton Twp. Low Income Population Group: Low IncÐNorthern Harrison City Low IncÐKeweenaw Co Kalamazoo City Hatton Twp. CountyÐKeweenaw Kent Hayes Twp. Parts: Population Group: Low Inc/MFWÐKent Co Lincoln Twp. Low Income *Keweenaw Redding Twp. Low IncÐLake Co Population Group: Low IncÐKeweenaw Summerfield Twp. CountyÐLake Co Winterfield Twp. Parts: Lake North Flint/Beecher Low Income Population Group: Low IncÐLake Co CountyÐGenesee Low IncÐLuce Co *Luce Parts: CountyÐLuce Population Group: Low IncÐLuce Co C.T. 1±7 Parts: *Mackinac C.T. 19±26 Low Income Population Group: Low IncÐMackinac Co C.T. 103.02±103.04 Low IncÐMackinac Co *Marquette C.T. 122.02 CountyÐMackinac Population Group: Low IncÐMarquette Co Saginaw East Side Parts: *Mason CountyÐSaginaw Low Income Population Group: Low Inc/MFWÐMason Parts: Low IncÐMarquette Co Co C.T. 1±11 CountyÐMarquette *Mecosta C.T. 110 Parts: Population Group: Low Inc/MFWÐMecosta Southwest Detroit Low Income Co CountyÐWayne Low IncÐMenominee Co *Menominee Parts: CountyÐMenominee Population Group: Low IncÐMenominee C.T. 5208±5209 Parts: Co C.T. 5211±5214 Low Income *Montcalm C.T. 5231±5238 Low IncÐNe Jackson City Population Group: Low Inc/MFWÐ C.T. 5240±5243 CountyÐJackson Montcalm Co C.T. 5245 Parts: Muskegon C.T. 5247±5248 C.T. 1±4 Population Group: Low Inc/MFWÐMuske- C.T. 6±7 gon Co DENTAL: Michigan C.T. 10±13 *Newaygo Population Group Listing Low IncÐNorthern Kalamazoo City Population Group: Low Inc/MFWÐ CountyÐKalamazoo Newaygo Co Population Group Parts: *Oceana Low IncÐAlger Co C.T. 1 Population Group: Low Inc/MFWÐOceana CountyÐAlger C.T. 2.01±2.02 Co Parts: C.T. 3 *Ogemaw Low Income C.T. 4.02 Population Group: Pov PopÐOgemaw Co Low IncÐBaraga Co C.T. 5±6 *Ontonagon CountyÐBaraga C.T. 8.01±8.02 Population Group: Low IncÐOntonagon Parts: C.T. 9±10 Co Low Income Low IncÐOntonagon Co *Osceola Low IncÐCentral Detroit CountyÐOntonagon Population Group: Low IncÐOsceola Co CountyÐWayne Parts: Ottawa Parts: Low Income Population Group: Low Inc/MFWÐOttawa C.T. 5172±5176 Low IncÐOsceola Co Co C.T. 5180±5181 CountyÐOsceola Saginaw C.T. 5201±5207 Parts: Service Area: Saginaw East Side C.T. 5218 Low Income *Schoolcraft Low IncÐChippewa Co Low IncÐSchoolcraft Co Population Group: Low IncÐSchoolcraft CountyÐChippewa CountyÐSchoolcraft Co Parts: Parts: Wayne Low Income Low Income Service Area: Southwest Detroit Low IncÐDelta Co Low Inc/MFWÐAllegan Co Population Group: Low IncÐCentral De- CountyÐDelta CountyÐAllegan troit Parts: Parts: Population Group: MedicaidÐW Wayne Low Income Low Income Population Group: Pov PopÐHighland Low IncÐDickenson Co MFW Park CountyÐDickinson Low Inc/MFWÐBarry Co Parts: CountyÐBarry DENTAL: Michigan Low Income Parts: Service Area Listing Low IncÐGogebic Co Low Income CountyÐGogebic MFW Service Area Name Parts: Low Inc/MFWÐKent Co Harrison Low Income CountyÐKent CountyÐClare Low IncÐHoughton Co Parts: Parts: CountyÐHoughton Low Income Arthur Twp. Parts: MFW Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51615
DENTAL: Michigan DENTAL: Michigan DENTAL: Minnesota Population Group Listing Population Group Listing Population Group Listing
Population Group Population Group Population Group Low Inc/MFWÐMason Co Pov PopÐAntrim/Charlevoix InmatesÐFPC Duluth CountyÐMason CountyÐCharlevoix CountyÐSt Louis Parts: Pov PopÐArenac Co Parts: Low Income CountyÐArenac FPC Duluth MFW Parts: Low IncÐKoochiching Co Low Inc/MFWÐMecosta Co Pov Pop CountyÐKoochiching CountyÐMecosta Pov PopÐHighland Park Parts: Parts: CountyÐWayne Low Income Low Income Parts: MFW C.T. 5530±5537 DENTAL: Mississippi Low Inc/MFWÐMontcalm Co Pov PopÐIosco Co County Listing CountyÐMontcalm CountyÐIosco Parts: Parts: County Name Low Income Pov. Pop. *Amite MFW Pov PopÐOgemaw Co *Benton Low Inc/MFWÐMuskegon Co CountyÐOgemaw *Carroll CountyÐMuskegon Parts: *Chickasaw Parts: Pov. Pop. *Choctaw Low Income *Claiborne MFW DENTAL: Michigan *Clarke Low Inc/MFWÐNewaygo Co Facility Listing *Copiah CountyÐNewaygo *Franklin Parts: Facility Name *Greene Low Income Jackson Reg. Clin. Complex Hancock MFW CountyÐJackson Harrison Low Inc/MFWÐOceana Co Population Group: Pov PopÐHarrison Co CountyÐOceana DENTAL: Minnesota Hinds Parts: County Listing Service Area: Jackson Inner City Low Income Service Area: Western Hinds MFW County Name *Holmes Low Inc/MFWÐOttawa Co *Koochiching *Humphreys CountyÐOttawa Population Group: Low IncÐKoochiching Issaquena Parts: Co Service Area: Issaquena-Sharkey Low Income Ramsey *Jasper MFW Service Area: Summit-Dale *Jefferson MedicaidÐW Wayne Population Group: Am InÐSt. Paul *Kemper CountyÐWayne St Louis *Lawrence Parts: Population Group: InmatesÐFPC Duluth *Leake Allen Park City *Marion Belleville City DENTAL: Minnesota *Marshall Brownstown Twp. Service Area Listing *Montgomery Canton Twp. *Neshoba Dearborn Hgts. City Service Area Name *Noxubee Ecorse City Summit-Dale *Panola Flat Rock City CountyÐRamsey *Pearl River Garden City Parts: *Perry Gibralter City C.T. 326±327 *Quitman Grosse Ile Twp. C.T. 336±337 *Scott Harper Woods City C.T. 339±340 Population Group: Pov PopÐScott Co Huron Twp. C.T. 354±355 Sharkey Inkster City Service Area: Issaquena-Sharkey Lincoln Park City DENTAL: Minnesota *Smith Livonia City Population Group Listing *Stone Melvindale City *Sunflower (g) Northville City Population Group Facility: Mississippi State Pen. Northville Twp. Am InÐSt. Paul *Tallahatchie Plymouth City CountyÐRamsey *Tate Plymouth Twp. Parts: *Tunica Redford Twp. C.T. 301±305 *Union River Rouge City C.T. 306.01±306.02 *Walthall Riverview City C.T. 307.02±307.04 *Wayne Rockwood City C.T. 308±317 *Webster Romulus City C.T. 318.01±318.02 *Yalobusha Southgate City C.T. 319±340 Sumpter City C.T. 342 DENTAL: Mississippi Taylor City C.T. 344±345 Service Area Listing Trenton City C.T. 346.01±346.02 Van Buren Twp. C.T. 347.01±347.02 Service Area Name Wayne City C.T. 348±372 Issaquena-Sharkey Westland City C.T. 374.02 CountyÐIssaquena Woodhaven City C.T. 375 CountyÐSharkey Wyandotte City C.T. 376.01±376.02 Jackson Inner City 51616 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
DENTAL: Mississippi DENTAL: Missouri DENTAL: Missouri Service Area Listing County Listing Population Group Listing
Service Area Name County Name Population Group CountyÐHinds *Wayne Pov PopÐWest St. Louis Parts: *Worth CountyÐSt Louis C.T. 5±12 Parts: C.T. 16±27 DENTAL: Missouri C.T. 2159±2161 C.T. 30±32 Population Group Listing CountyÐSt Louis City C.T. 39 Parts: C.T. 102.01±102.03 Population Group C.T. 1051.98 C.T. 103.01 MedicaidÐAdair Co C.T. 1052±1055 C.T. 108.01 CountyÐAdair C.T. 1121 C.T. 109.02 Parts: Western Hinds Medicaid Eligible DENTAL: Missouri CountyÐHinds MedicaidÐCentral Kansas City Facility Listing Parts: CountyÐJackson C.T. 105±107 Parts: Facility Name C.T. 112±113 C.T. 46±55 Farmington Corr. C. C.T. 56.01±56.02 CountyÐSt Francois DENTAL: Mississippi C.T. 57 Population Group Listing C.T. 58.01±58.02 DENTAL: Montana C.T. 60±67 County Listing Population Group C.T. 75±77 Pov PopÐHarrison Co C.T. 78.01±78.02 County Name CountyÐHarrison C.T. 79±80 *Roosevelt Parts: C.T. 87±89 Service Area: Poplar/Wolf Point Pov Pop C.T. 96 Pov PopÐMonroe Co MedicaidÐNorth Kansas City DENTAL: Montana Parts: CountyÐJackson Service Area Listing Poverty Pop Parts: Service Area Name Pov PopÐScott Co C.T. 2±4 Poplar/Wolf Point CountyÐScott C.T. 5.01 CountyÐRoosevelt Parts: C.T. 6±27 Parts: Pov Pop C.T. 28.01±28.02 Fort Peck Res. CCD C.T. 29±34 DENTAL: Mississippi C.T. 35.01±35.02 C.T. 36.01±36.02 DENTAL: Nebraska Facility Listing County Listing C.T. 37±45 Facility Name C.T. 59.01 County Name Mississippi State Pen. MedicaidÐRandolph Co Arthur CountyÐSunflower CountyÐRandolph Service Area: Arthur/Grant Parts: *Blaine DENTAL: Missouri Medicaid Eligible Douglas County Listing Pov PopÐGrace Hill/Cochran Population Group: MedicaidÐEastern CountyÐSt Louis City Omaha City County Name Parts: *Frontier *Adair C.T. 1085 *Furnas Population Group: MedicaidÐAdair Co C.T. 1096±1097 Grant Jackson C.T. 1201±1203 Service Area: Arthur/Grant Population Group: MedicaidÐCentral Kan- C.T. 1211±1214 Greeley sas City C.T. 1222 Service Area: Greeley/Wheeler Population Group: MedicaidÐNorth Kan- C.T. 1255±1257 *Hayes sas City C.T. 1266±1267 Service Area: Hayes/Hitchcock *Macon Pov PopÐNorth St Louis Hitchcock *McDonald CountyÐSt Louis Service Area: Hayes/Hitchcock *New Madrid Parts: Hooker *Pemiscot C.T. 2139±2140 Service Area: Mullen *Randolph CountyÐSt Louis City Logan Population Group: MedicaidÐRandolph Co Parts: Service Area: Logan/MCPherson *St Francois C.T. 1061±1067 *Morrill Facility: Farmington Corr. C. C.T. 1071±1075 MCPherson St Louis Pov PopÐSoutheast St. Louis Service Area: Logan/MCPherson Population Group: Pov PopÐNorth St CountyÐSt Louis City *Scotts Bluff Louis Parts: Population Group: MedicaidÐScotts Bluff Population Group: Pov PopÐWest St. C.T. 1018 Co Louis C.T. 1156±1157 Thomas St Louis City C.T. 1164±1165 Service Area: Mullen Population Group: Pov PopÐNorth St C.T. 1172±1174 Wheeler Louis C.T. 1181 Service Area: Greeley/Wheeler Population Group: Pov PopÐWest St. C.T. 1185 Louis C.T. 1221 DENTAL: Nebraska Population Group: Pov PopÐSoutheast St. C.T. 1224 Service Area Listing Louis C.T. 1231±1234 Population Group: Pov PopÐGrace Hill/ C.T. 1241±1243 Service Area Name Cochran C.T. 1246 Arthur/Grant Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51617
DENTAL: Nebraska DENTAL: Nevada DENTAL: Nevada Service Area Listing County Listing Service Area Listing
Service Area Name County Name Service Area Name CountyÐArthur *Pershing Parts: CountyÐGrant *White Pine Montello CCD Greeley/Wheeler Service Area: Baker West Wendover CCD CountyÐGreeley Service Area: Cherry Creek Mountain City/Jarbidge CountyÐWheeler Service Area: Duckwater/Lund CountyÐElko Hayes/Hitchcock Parts: CountyÐHayes DENTAL: Nevada Jarbidge CCD CountyÐHitchcock Service Area Listing Mountain City CCD Logan/MCPherson Northeast Clark CountyÐLogan Service Area Name CountyÐClark CountyÐMCPherson Alamo Parts: Mullen CountyÐLincoln C.T. 56.02±56.03 CountyÐHooker Parts: C.T. 59 CountyÐThomas Alamo CCD Pahrump Austin CountyÐNye DENTAL: Nebraska CountyÐLander Parts: Population Group Listing Parts: Chrystal CCD Austin CCD Pahrump CCD Population Group Baker Yucca Flat CCD MedicaidÐEastern Omaha City CountyÐWhite Pine Round Mountain CountyÐDouglas Parts: CountyÐNye Parts: Baker CCD Parts: C.T. 3 Battle Mountain Round Mountain CCD C.T. 6±12 CountyÐLander Summit Lake C.T. 16 Parts: CountyÐHumboldt C.T. 18±19 Battle Mountain CCD Parts: C.T. 39±43 Beatty Summit Lake CCD C.T. 50±54 CountyÐNye Tonopah/Esmeralda C.T. 59.01±59.02 Parts: CountyÐEsmeralda C.T. 60 Amargosa CCD Parts: C.T. 61.01±61.02 Beatty CCD Goldfield CCD MedicaidÐScotts Bluff Co Beowave CountyÐNye CountyÐScotts Bluff CountyÐEureka Parts: Parts: Parts: Ralston CCD Medicaid Eligible Beowave CCD Tonopah CCD Cherry Creek Wells DENTAL: Nevada CountyÐWhite Pine CountyÐElko County Listing Parts: Parts: Cherry Creek CCD Wells CCD County Name Coaldale/Silverpeak *Churchill CountyÐEsmeralda DENTAL: New Jersey Service Area: Dixie Valley Parts: County Listing Clark Silverpeak CCD Service Area: Northeast Clark Dixie Valley County Name *Elko CountyÐChurchill Atlantic Service Area: Jackpot Parts: Service Area: Atlantic City Service Area: Montello/West Wendover Dixie Valley CCD Camden Service Area: Mountain City/Jarbidge Duckwater/Lund Service Area: Camden City Service Area: Wells CountyÐNye Mercer *Esmeralda Parts: Population Group: MedicaidÐTrenton Service Area: Coaldale/Silverpeak Duckwater CCD Ocean Service Area: Tonopah/Esmeralda CountyÐWhite Pine Population Group: MedicaidÐLakewood *Eureka Parts: Salem Service Area: Beowave Lund CCD Population Group: MedicaidÐSalem Co Service Area: Eureka Eureka Union *Humboldt CountyÐEureka Service Area: North Central Plainfield Service Area: McDermitt Parts: Warren Service Area: Summit Lake Eureka CCD Population Group: MedicaidÐWarren Co *Lander Gabbs Service Area: Austin CountyÐNye DENTAL: New Jersey Service Area: Battle Mountain Parts: Service Area Listing *Lincoln Gabbs CCD Service Area: Alamo Jackpot Service Area Name *Lyon CountyÐElko Atlantic City *Mineral Parts: CountyÐAtlantic Nye Jackpot CCD Parts: Service Area: Beatty McDermitt C.T. 1±5 Service Area: Duckwater/Lund CountyÐHumboldt C.T. 8 Service Area: Gabbs Parts: C.T. 11±19 Service Area: Pahrump McDermitt CCD C.T. 23±25 Service Area: Round Mountain Montello/West Wendover Camden City Service Area: Tonopah/Esmeralda CountyÐElko CountyÐCamden 51618 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
DENTAL: New Jersey DENTAL: New Mexico DENTAL: New Mexico Service Area Listing Service Area Listing Population Group Listing
Service Area Name Service Area Name Population Group Parts: Cuba (N. Sandoval) Dentally Indigent CountyÐSandoval C.T. 6001±6020 Dent IndÐSanta Fe Co Parts: North Central Plainfield CountyÐSanta Fe Cuba CCD Parts: CountyÐUnion Jemez CCD Parts: Dentally Indigent Santo Domingo CCD Pov PopÐEddy Co C.T. 388±390 Hatch CountyÐEddy C.T. 393±395 CountyÐDona Ana Parts: Parts: Pov Pop DENTAL: New Jersey Hatch CCD Population Group Listing North Valley DENTAL: New York CountyÐBernalillo County Listing Population Group Parts: MedicaidÐLakewood C.T. 29 County Name CountyÐOcean C.T. 30.01±30.02 Bronx Parts: C.T. 31 Service Area: Morris Heights Lakewood Twp C.T. 32.01±32.02 Service Area: Mott Haven/Point Norris MedicaidÐSalem Co C.T. 35.01±35.02 Cayuga CountyÐSalem C.T. 36 Service Area: GrotonÐMoravia Parts: North/Western Rio Arriba *Chenango CountyÐRio Arriba Medicaid Eligible Service Area: Cincinnatus/Deruyter Parts: MedicaidÐTrenton *Clinton Coyote CCD CountyÐMercer Service Area: Dannemora Jicarilla CCD *Cortland Parts: Rio Chama CCD Service Area: Cincinnatus/Deruyter C.T. 1±24 Tierra Amarilla CCD Dutchess MedicaidÐWarren Co Vallecitos CCD Population Group: Low IncÐBeacon City CountyÐWarren *Jefferson Parts: W. Rio Arriba CCD Service Area: Pulaski Pcsa Medicaid Eligible CountyÐTaos Kings Parts: Service Area: Bedford-Stuyvesant DENTAL: New Mexico Tres Piedras CCD Service Area: Coney Island County Listing Penasco/Truchas/Embudo Service Area: Crown Heights CountyÐRio Arriba Service Area: Sunset Park County Name Parts: Population Group: InmatesÐMDC Brook- Bernalillo Chimayo CCD lyn Service Area: North Valley Dixon CCD Service Area: Southwest Valley CountyÐTaos Madison *Catron Parts: Service Area: Cincinnatus/Deruyter *Cibola Penasco CCD New York Dona Ana Picuris CCD Service Area: East Harlem Service Area: Hatch Questa Service Area: Lower Eastside Service Area: Southern Dona Ana CountyÐTaos Onondaga Population Group: Dent IndÐLas Cruces Parts: Population Group: MedicaidÐSyracuse Orange *Eddy Arroyo Hondo CCD Questa CCD Population Group: MedicaidÐCity & Town Population Group: Pov PopÐEddy Co Southern Dona Ana Of Newburgh *Guadalupe CountyÐDona Ana Oswego *Harding Parts: Service Area: Pulaski Pcsa *Hidalgo Anthony CCD *St Lawrence *Luna S. Dona Ana CCD Population Group: MedicaidÐOgdensburg *McKinley Southwest Valley *Tompkins *Mora CountyÐBernalillo Service Area: GrotonÐMoravia *Otero Parts: Westchester *Rio Arriba C.T. 23 Population Group: Low IncÐMt Vernon Service Area: North/Western Rio Arriba C.T. 24.01±24.02 Service Area: Penasco/Truchas/Embudo C.T. 43 DENTAL: New York *Roosevelt C.T. 44.01±44.02 Service Area Listing Population Group: Dent IndÐRoosevelt Co C.T. 45.01±45.02 Sandoval C.T. 46.02±46.04 Service Area Name Bedford-Stuyvesant Service Area: Cuba (N. Sandoval) CountyÐKings Santa Fe DENTAL: New Mexico Population Group Listing Parts: Population Group: Dent IndÐSanta Fe Co C.T. 11 *Sierra Population Group C.T. 23 *Socorro Dent IndÐLas Cruces 1 C.T. 25 *Taos CountyÐDona Ana C.T. 27 Service Area: North/Western Rio Arriba Parts: C.T. 29.01±29.02 Service Area: Penasco/Truchas/Embudo C.T. 1±9 C.T. 31 Service Area: Questa Dent IndÐRoosevelt Co C.T. 33 *Torrance CountyÐRoosevelt C.T. 35 *Union Parts: C.T. 179 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51619
DENTAL: New York DENTAL: New York DENTAL: New York Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name C.T. 181 C.T. 327 C.T. 335 C.T. 183 C.T. 329 C.T. 337 C.T. 185.01±185.02 C.T. 331 C.T. 339 C.T. 187 C.T. 333 C.T. 349 C.T. 189 C.T. 335 C.T. 351 C.T. 191 C.T. 337 C.T. 353 C.T. 193 C.T. 339 C.T. 355 C.T. 195 C.T. 341 C.T. 357 C.T. 197 C.T. 343 Dannemora C.T. 199 C.T. 345 CountyÐClinton C.T. 201 C.T. 347 Parts: C.T. 203 C.T. 349 Dannemora Town C.T. 205 C.T. 351 Saranac Town C.T. 207 C.T. 353 East Harlem C.T. 213 C.T. 355 CountyÐNew York C.T. 215 C.T. 357 Parts: C.T. 359 C.T. 156.02 C.T. 217 C.T. 361 C.T. 158.02 C.T. 219 C.T. 363 C.T. 160.02 C.T. 221 C.T. 365.01±365.02 C.T. 162 C.T. 223 C.T. 367 C.T. 164 C.T. 225 C.T. 369 C.T. 166 C.T. 227 C.T. 371 C.T. 168 C.T. 229 C.T. 373 C.T. 170 C.T. 231 C.T. 375 C.T. 172.01±172.02 C.T. 233 C.T. 377 C.T. 174.01±174.02 C.T. 235 C.T. 379 C.T. 178 C.T. 237 C.T. 381 C.T. 180 C.T. 239 C.T. 383 C.T. 182 C.T. 241 C.T. 385 C.T. 184 C.T. 243 C.T. 387 C.T. 188 C.T. 245 Cincinnatus/Deruyter C.T. 192 C.T. 247 CountyÐChenango C.T. 194 C.T. 249 Parts: C.T. 196 C.T. 251 Lincklaen Town C.T. 198 C.T. 253 Pitcher Town C.T. 202 C.T. 255 CountyÐCortland C.T. 204 C.T. 257 Parts: C.T. 206 C.T. 259.01±259.02 Cincinnatus Town C.T. 210 C.T. 261 Cuyler Town GrotonÐMoravia C.T. 263 Freetown Town CountyÐCayuga C.T. 265 Taylor Town Parts: C.T. 267 Willet Town Locke Town C.T. 269 CountyÐMadison Moravia Town Parts: Sempronius Town C.T. 271.01±271.02 Deruyter Town Summerhill Town C.T. 273 Coney Island CountyÐTompkins C.T. 275 CountyÐKings Parts: C.T. 277 Parts: Groton Town C.T. 279 C.T. 326 Lower Eastside C.T. 281 C.T. 328 CountyÐNew York C.T. 283 C.T. 330 Parts: C.T. 285.01±285.02 C.T. 340 C.T. 10.02 C.T. 287 C.T. 342 C.T. 20 C.T. 289 C.T. 348.01±348.02 C.T. 291 C.T. 352 C.T. 22.01±22.02 C.T. 293 Crown Heights C.T. 24 C.T. 295 CountyÐKings C.T. 26.01±26.02 C.T. 297 Parts: Morris Heights C.T. 299 C.T. 213 CountyÐBronx C.T. 301 C.T. 215 Parts: C.T. 303 C.T. 217 C.T. 205 C.T. 307 C.T. 219 C.T. 213.01±213.02 C.T. 309 C.T. 317.02 C.T. 215.01±215.02 C.T. 311 C.T. 319 C.T. 217.01 C.T. 313 C.T. 321 C.T. 239 C.T. 315 C.T. 323 C.T. 243 C.T. 317.01±317.02 C.T. 325 C.T. 245 C.T. 319 C.T. 327 C.T. 247 C.T. 321 C.T. 329 C.T. 249 C.T. 323 C.T. 331 C.T. 251 C.T. 325 C.T. 333 C.T. 253 51620 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
DENTAL: New York DENTAL: New York DENTAL: North Carolina Service Area Listing Service Area Listing County Listing
Service Area Name Service Area Name County Name C.T. 255 C.T. 106 Population Group: Dent Ind/MFWÐHen- C.T. 257 C.T. 108 derson Co Mott Haven/Point Norris C.T. 118 *Hyde CountyÐBronx C.T. 122 Johnston Parts: C.T. 143 Population Group: MSFWÐJohnston/ C.T. 11 C.T. 145 Sampson C.T. 15 C.T. 147 *Jones C.T. 17 Madison C.T. 23 DENTAL: New York Service Area: Hot Springs C.T. 25 Population Group Listing *Martin C.T. 27.01±27.02 *Northampton C.T. 31 Population Group *Pender C.T. 33 InmatesÐMDC Brooklyn *Robeson C.T. 35 CountyÐKings Population Group: Pov PopÐPembroke C.T. 37 Parts: *Sampson C.T. 39 MDC Brooklyn Population Group: MSFWÐJohnston/ C.T. 41 Low IncÐBeacon City Sampson C.T. 43 CountyÐDutchess *Tyrrell C.T. 47 Parts: *Washington C.T. 49 Beacon City C.T. 65 Low IncÐMt Vernon DENTAL: North Carolina C.T. 71 CountyÐWestchester Service Area Listing C.T. 73 Parts: C.T. 75 C.T. 25±45 Service Area Name C.T. 77 MedicaidÐCity & Town Of Newburgh Eastern Cumberland C.T. 79 CountyÐOrange CountyÐCumberland C.T. 81 Parts: Parts: C.T. 83 Newburgh City C.T. 14 C.T. 85 Newburgh Town C.T. 26±29 C.T. 87 MedicaidÐOgdensburg Hot Springs C.T. 89 CountyÐSt Lawrence CountyÐMadison C.T. 119 Parts: Parts: C.T. 121.02 De Peyster Town Hot Springs Twp C.T. 127.02 Lisbon Town Laurel Twp C.T. 129.02 Morristown Town Revere Rice Cove Twp Pulaski Pcsa Ogdensburg Town Spring Creek Twp CountyÐJefferson Oswegatchie Town Walnut Twp Parts: Waddington Town Richland Ellisburg Town MedicaidÐSyracuse CountyÐBeaufort CountyÐOswego CountyÐOnondaga Parts: Parts: Parts: Richland Twp Albion Town C.T. 1±10 Boylston Town C.T. 13±16 DENTAL: North Carolina Mexico Town C.T. 17.01±17.02 Population Group Listing Orwell Town C.T. 18±24 Redfield Town C.T. 27±35 Population Group Richland Town C.T. 36.01±36.02 Dent Ind/MFWÐHenderson Co Sandy Creek Town C.T. 37±46 CountyÐHenderson Williamstown Town C.T. 48±60 Parts: Sunset Park C.T. 61.01±61.03 Dentally Indigent/MFW CountyÐKings MedicaidÐGatson Co Parts: DENTAL: North Carolina CountyÐGaston C.T. 2 County Listing Parts: C.T. 18 Medicaid Eligible C.T. 20 County Name MSFWÐJohnston/Sampson C.T. 22 *Anson 3 CountyÐJohnston C.T. 72 *Beaufort Parts: C.T. 74 Service Area: Richland Banner (E.D. 5) C.T. 76 *Bertie Bentonsville (E.D. 10) C.T. 78 *Bladen Elevation (E.D. 35) C.T. 80 *Clay Ingrams (E.D. 40) C.T. 82 Cumberland Meadow (E.D. 45) C.T. 84 Service Area: Eastern Cumberland CountyÐSampson C.T. 86 *Duplin Parts: C.T. 88 Franklin Migrant & Seasonal Farm C.T. 90 Gaston Pov PopÐPembroke C.T. 92 Population Group: MedicaidÐGatson Co CountyÐRobeson C.T. 94 *Gates Parts: C.T. 96 *Graham Burnt Swamp Twp C.T. 98 *Granville Pembroke Twp C.T. 100±102 Facility: FCI Butner Philadelphus Twp C.T. 104 *Henderson Smiths Twp Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51621
DENTAL: North Carolina DENTAL: Oklahoma DENTAL: Oregon Facility Listing County Listing County Listing
Facility Name County Name County Name FCI Butner *Adair Population Group: Low Inc/MFWÐMalheur CountyÐGranville *Beaver Co *Caddo Marion DENTAL: North Dakota *Choctaw Population Group: Low Inc/MSFWÐMar- *Coal County Listing ion/Polk/Yamhill Creek *Morrow *Dewey County Name Multnomah *Haskell *Benson Population Group: Dent IndÐMultnomah *Le Flore *Billings Co Service Area: Talihina *Burke Polk *Lincoln *Dunn Population Group: Low Inc/MSFWÐMar- *Foster *McCurtain *Murray ion/Polk/Yamhill *Golden Valley *Sherman *Kidder *Okfuskee Pottawatomie *Tillamook *McKenzie Service Area: Konawa Population Group: Low IncÐTillamook Co *Sioux *Pushmataha *Umatilla *Slope Service Area: Talihina Population Group: Dent IndÐUmatilla Co *Seminole *Wasco DENTAL: Ohio Service Area: Konawa Population Group: Dent IndÐHood River County Listing *Tillman (OR/WA) Tulsa Washington County Name Population Group: Am InÐTulsa Population Group: Low Inc/MFWÐWash- *Adams ington Co Population Group: Low IncÐAdams Co DENTAL: Oklahoma *Wheeler Cuyahoga Service Area Listing Yamhill Service Area: Glenville (Area IÐCleveland) Population Group: Low Inc/MSFWÐMar- Hamilton Service Area Name ion/Polk/Yamhill Service Area: Avondale Konawa Service Area: East/Lower Price Hill/S Fair- CountyÐPottawatomie DENTAL: Oregon mont Parts: Service Area Listing Service Area: Millvale C.T. 5012.01 C.T. 5013.98 Service Area Name DENTAL: Ohio CountyÐSeminole Port Orford Service Area Listing Parts: CountyÐCurry Konawa CCD Parts: Service Area Name Seminole South CCD Port Orford CCD Avondale Talihina CountyÐHamilton CountyÐLe Flore DENTAL: Oregon Parts: Parts: Population Group Listing C.T. 32 S. Le Flore CCD Population Group C.T. 34 Talihina CCD Dent IndÐHarney Co CountyÐPushmataha C.T. 66±69 CountyÐHarney Parts: East/Lower Price Hill/S Fairmont Parts: N. Pushmataha CCD CountyÐHamilton Dentally Indigent Parts: Dent IndÐHood River (OR/WA) C.T. 87 DENTAL: Oklahoma Population Group Listing CountyÐHood River C.T. 89 Parts: C.T. 91±96 Population Group Dentally Indigent C.T. 103 Am InÐTulsa CountyÐWasco Glenville (Area IÐCleveland) CountyÐTulsa Parts: CountyÐCuyahoga Parts: Dentally Indigent Parts: American Indian Dent IndÐJackson Co C.T. 1114 CountyÐJackson C.T. 1161±1168 DENTAL: Oregon Parts: C.T. 1181±1185 County Listing Dentally Indigent Millvale Dent IndÐMultnomah Co CountyÐHamilton County Name CountyÐMultnomah Parts: Clackamas Parts: C.T. 28 *Curry Dentally Indigent C.T. 77 Service Area: Port Orford Dent IndÐUmatilla Co C.T. 85.02 *Gilliam CountyÐUmatilla C.T. 86.01 *Harney Parts: Population Group: Dent IndÐHarney Co Dentally Indigent DENTAL: Ohio *Hood River Low IncÐLowell Population Group Listing Population Group: Dent IndÐHood River CountyÐLane (OR/WA) Parts: Population Group Jackson Lowell CCD Low IncÐAdams Co Population Group: Dent IndÐJackson Co Low IncÐTillamook Co CountyÐAdams Lane CountyÐTillamook Parts: Population Group: Low IncÐLowell Parts: Low Income *Malheur Low Income 51622 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
DENTAL: Oregon DENTAL: Pennsylvania DENTAL: Pennsylvania Population Group Listing Service Area Listing Population Group Listing
Population Group Service Area Name Population Group Low Inc/MFWÐMalheur Co Dublin Twp East Earl Twp CountyÐMalheur Orbisonia Boro Ephrata Boro Parts: Rockhill Furnace Boro Ephrata Twp Low Income/MFW Saltillo Boro Leacock Twp Low Inc/MFWÐWashington Co Shade Gap Boro New Holland Boro CountyÐWashington Springfield Twp Paradise Twp Parts: Tell Twp Sadsbury Twp Low Income/MFW Three Springs Boro Salisbury Twp Low Inc/MSFWÐMarion/Polk/Yamhill Greensboro Terre Hill Boro CountyÐMarion CountyÐFayette Upper Leacock Twp Parts: Parts: West Earl Twp Low Income/MFW German Township MedicaidÐSharon/Farrell CountyÐPolk Masontown Borough CountyÐMercer Parts: Nicholson Township Parts: Low Inc/MFW Point Marion Borough Farrell City CountyÐYamhill Springhill Township Sharon City Parts: CountyÐGreene MFWÐAdams/Franklin Low Income/MFW Parts: CountyÐAdams Dunkard Township Parts: DENTAL: Pennsylvania Greene Township MFW County Listing Greensboro Borough CountyÐFranklin Monongahela Township Parts: County Name York City MFW Adams CountyÐYork Population Group: MFWÐAdams/Franklin Parts: DENTAL: Pennsylvania Berks C.T. 1±3 Facility Listing Population Group: Low IncÐWelsh Moun- C.T. 5 tain C.T. 7 Facility Name Chester C.T. 9±12 FCIÐSchuylkill Population Group: Low IncÐWelsh Moun- C.T. 15±16 CountyÐSchuylkill tain FCI Allenwood Dauphin DENTAL: Pennsylvania CountyÐUnion Population Group: Dent IndÐHarrisburg Population Group Listing State Corr. I.ÐFrackville Fayette CountyÐSchuylkill Service Area: Greensboro Population Group USPÐLewisburg *Franklin Dent IndÐHarrisburg CountyÐUnion Population Group: MFWÐAdams/Franklin CountyÐDauphin USP Allenwood *Greene Parts: CountyÐUnion Service Area: Greensboro C.T. 201±217 *Huntingdon InmatesÐFPC Allenwood DENTAL: Rhode Island Service Area: Cromwell CountyÐUnion County Listing Lancaster Parts: Population Group: Low IncÐWelsh Moun- FPC Allenwood County Name tain InmatesÐLSCI Allenwood Newport Population Group: Low IncÐSe Lancaster CountyÐUnion Population Group: Low IncÐNewport Co City Parts: Providence Mercer LSCI Allenwood Population Group: Low IncÐNw Population Group: MedicaidÐSharon/ Low IncÐSe Lancaster City Woonsocket Farrell CountyÐLancaster Population Group: Low IncÐProvidence *Schuylkill Parts: City Facility: FCIÐSchuylkill C.T. 1 Population Group: Low IncÐC Falls/N Facility: State Corr. I.ÐFrackville C.T. 7±9 Pawtucket *Union C.T. 14±16 Facility: Allen Berry Hlth Ctr Population Group: InmatesÐFPC Low IncÐWelsh Mountain Facility: Central Hlth Ctr Providence Allenwood CountyÐBerks Washington Population Group: InmatesÐLSCI Parts: Population Group: Low IncÐWakefield/ Allenwood Brecknock Twp Kingstown/Narraga Facility: FCI Allenwood Caernarvon Twp Facility: USPÐLewisburg CountyÐChester DENTAL: Rhode Island Facility: USP Allenwood Parts: Population Group Listing York Honey Brook Twp Service Area: York City Honey Brook Boro Population Group CountyÐLancaster Low IncÐC Falls/N Pawtucket DENTAL: Pennsylvania Parts: CountyÐProvidence Service Area Listing Adamstown Boro Parts: Akron Boro C.T. 108±111 Service Area Name Brecknock Twp C.T. 149 Cromwell Caernarvon Twp C.T. 151±153 CountyÐHuntingdon Christiana Boro C.T. 161 Parts: Denver Boro Low IncÐNewport Co Clay Twp Earl Twp CountyÐNewport Cromwell Twp East Cocalico Twp Parts: Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51623
DENTAL: Rhode Island DENTAL: South Carolina DENTAL: South Carolina Population Group Listing County Listing Service Area Listing
Population Group County Name Service Area Name Low Income *Williamsburg Smoaks CCD Low IncÐNw Woonsocket York Springfield CountyÐProvidence Service Area: Western York CountyÐAiken Parts: Parts: C.T. 172 DENTAL: South Carolina Salley CCD C.T. 174 Service Area Listing Wagener CCD C.T. 176 CountyÐOrangeburg C.T. 178±183 Service Area Name Parts: Low IncÐProvidence City Bethune/Mt. Pisgah Springfield CCD CountyÐProvidence CountyÐKershaw St George Parts: Parts: CountyÐDorchester C.T. 1±23 Bethune CCD Parts: C.T. 25±33 Mt. Pisgah CCD Harleyville CCD C.T. 35±37 Eastern Orangeburg Reevesville CCD Low IncÐWakefield/Kingstown/Narraga CountyÐOrangeburg Ridgeville CCD CountyÐWashington Parts: St George CCD Parts: Bowman CCD Western York Narragansett Town Branchville CCD CountyÐYork S. Kingstown Town Elloree CCD Parts: Eutawville CCD Clover CCD DENTAL: Rhode Island Holly Hill CCD Hickory Grove CCD Facility Listing Vance CCD McConnells CCD Eastover York CCD Facility Name CountyÐRichland Allen Berry Hlth Ctr Parts: DENTAL: South Dakota CountyÐProvidence Eastover CCD County Listing Central Hlth Ctr Providence Hopkins CCD CountyÐProvidence Horrell Hill CCD County Name Little River *Buffalo DENTAL: South Carolina CountyÐHorry *Campbell County Listing Parts: *Corson C.T. 301 *Dewey County Name C.T. 401±402 *Gregory *Abbeville C.T. 603 *Harding Aiken Loris-Aynor *Jackson Service Area: Springfield CountyÐHorry *Lyman *Bamberg Parts: *Meade *Beaufort Aynor CCD Service Area: Faith Service Area: Sheldon Loris CCD *Mellette Charleston McClellanville/Sampit-Santee *Perkins Service Area: McClellanville/Sampit-Santee CountyÐCharleston *Roberts Service Area: Sea Islands Parts: *Sanborn *Shannon Cherokee McClellanville CCD *Todd *Chesterfield CountyÐGeorgetown Ziebach Service Area: Sandhills Parts: Service Area: Faith *Clarendon Sampit-Santee CCD *Colleton Olanta Service Area: Smoaks/Lodge CountyÐFlorence DENTAL: South Dakota Service Area Listing *Dillon Parts: Dorchester Olanta CCD Service Area Name Service Area: St George Sardis CCD Faith Florence Sandhills CountyÐMeade Service Area: Olanta CountyÐChesterfield Parts: *Georgetown Parts: Eagle Twp. Service Area: McClellanville/Sampit-Santee Jefferson CCD Faith City Horry McBee CCD Howard Twp. Service Area: Little River Pageland CCD N. Meade Unorg. Service Area: Loris-Aynor Sea Islands Union Twp. *Jasper CountyÐCharleston Upper Red Owl Twp. *Kershaw Parts: CountyÐZiebach Service Area: Bethune/Mt. Pisgah Edisto Is CCD *Lee James Is CCD DENTAL: Tennessee *Marion Johns Is CCD County Listing *Marlboro Wadmalaw Is CCD *McCormick Sheldon County Name *Orangeburg CountyÐBeaufort *Bledsoe Service Area: Eastern Orangeburg Parts: *Claiborne Service Area: Springfield Sheldon CCD *Cocke Richland Smoaks/Lodge *Cumberland Service Area: Eastover CountyÐColleton Davidson *Saluda Parts: Population Group: Pov/HomelessÐNash- Sumter Lodge CCD ville 51624 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
DENTAL: Tennessee DENTAL: Texas DENTAL: Texas County Listing County Listing County Listing
County Name County Name County Name *Decatur *Briscoe *San Jacinto Fayette *Brooks *Schleicher Grainger *Burleson *Shackelford *Grundy Cameron *Sherman *Hancock *Carson *Somervell *Haywood *Castro *Starr *Hickman *Cochran *Sterling *Jackson *Coke *Stonewall *Johnson Coryell *Terrell *Lake *Crosby *Terry *Macon *Culberson *Throckmorton *Morgan Dallas Travis *Perry Service Area: Lisbon Service Area: Dove Springs *Pickett Service Area: Simpson-Stuart Service Area: East Austin *Scott Service Area: South Dallas Service Area: South Austin Sequatchie Service Area: Trinity *Trinity Shelby Service Area: West Dallas Upshur Service Area: Free The Children Target *Dawson *Uvalde Area *De Witt *Val Verde *Stewart *Dickens *Ward Union Dimmit Webb *Wayne (g) Service Area: Dimmit/Zavala *Wharton Facility: South Central Corr Ctr . *Donley Population Group: Low IncÐWharton Co *Duval *Willacy DENTAL: Tennessee *Edwards *Wise Service Area Listing El Paso *Yoakum Service Area: Southeast El Paso *Zapata Service Area Name *Floyd Zavala Free The Children Target Area *Foard Service Area: Dimmit/Zavala CountyÐShelby *Frio Parts: *Gaines DENTAL: Texas C.T. 5 *Garza Service Area Listing C.T. 18±20 *Glasscock *Goliad Service Area Name DENTAL: Tennessee *Gonzales Dimmit/Zavala Population Group Listing *Grimes CountyÐDimmit Population Group: InmatesÐFPC Bryan CountyÐZavala Population Group *Hall Dove Springs Pov/HomelessÐNashville *Hansford CountyÐTravis CountyÐDavidson *Hartley Parts: Parts: Hidalgo C.T. 24.11±24.13 C.T. 113±114 *Houston East Austin C.T. 117±129 *Howard CountyÐTravis C.T. 133±148 Population Group: InmatesÐFCI Big Parts: C.T. 160±166 Spring C.T. 4.02 C.T. 168±172 *Hudspeth C.T. 8.01±8.04 *Irion C.T. 9.01±9.02 DENTAL: Tennessee *Jim Hogg C.T. 10 Facility Listing *Jim Wells C.T. 18.11±18.12 *Kent C.T. 21.04±21.13 Facility Name *King C.T. 22.01±22.02 South Central Corr Ctr *Kinney C.T. 22.05 CountyÐWayne *Knox East Side (San Antonio) *La Salle CountyÐBexar DENTAL: Texas Liberty Parts: County Listing *Loving C.T. 1101±1104 *Madison C.T. 1109±1110 County Name *Maverick C.T. 1301±1306 *Aransas *Medina C.T. 1307.85 Archer *Mitchell C.T. 1308±1313 *Armstrong *Morris C.T. 1401 *Atascosa *Motley Lisbon Bastrop (g) *Nacogdoches CountyÐDallas Facility: FCI Bastrop Population Group: Low IncÐNacogdoches Parts: *Bee (g) Co C.T. 56±57 Facility: Garza West & East Units *Oldham C.T. 59.01±59.02 Bexar *Pecos C.T. 87.01 Service Area: East Side (San Antonio) *Presidio C.T. 87.03±87.05 Service Area: South Side (San Antonio) *Reeves C.T. 88.01±88.02 Service Area: West Side (San Antonio) *Roberts Simpson-Stuart Facility: Bexar Co State Jail *Robertson CountyÐDallas *Borden *San Augustine Parts: Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51625
DENTAL: Texas DENTAL: Texas DENTAL: Utah Service Area Listing Population Group Listing Population Group Listing
Service Area Name Population Group Population Group Pov PopÐDuchesne Co C.T. 112±113 CountyÐHoward C.T. 114.01±114.02 CountyÐDuchesne Parts: Parts: C.T. 167.01 FCI Big Spring C.T. 169.01 Pov Pop InmatesÐFPC Bryan Pov/HomelessÐNw Salt Lake South Austin CountyÐGrimes CountyÐTravis CountyÐSalt Lake Parts: Parts: Parts: C.T. 1001 C.T. 23.04 FPC Bryan C.T. 1003.03±1003.04 C.T. 23.10±23.12 Low IncÐNacogdoches Co C.T. 1004±1006 C.T. 24.16 CountyÐNacogdoches C.T. 1024±1027 South Dallas Parts: Pov/MFWÐUtah Co CountyÐDallas Low Income CountyÐUtah Parts: Low IncÐWharton Co Parts: C.T. 29±30 CountyÐWharton Migrant C.T. 32.02 Parts: Pov Pop C.T. 33±38 Low Income C.T. 39.01±39.02 C.T. 40 DENTAL: Utah DENTAL: Texas Facility Listing C.T. 115 Facility Listing South Side (San Antonio) Facility Name CountyÐBexar Facility Name Utah St. Prison (Draper) Parts: Bexar Co State Jail CountyÐSalt Lake C.T. 1402±1412 CountyÐBexar C.T. 1416±1418 FCI Bastrop DENTAL: Vermont C.T. 1501±1522 CountyÐBastrop County Listing C.T. 1609 Garza West & East Units C.T. 1610.85 County Name CountyÐBee C.T. 1611±1612 *Essex C.T. 1619±1620 Grand Isle Southeast El Paso DENTAL: Utah County Listing CountyÐEl Paso DENTAL: Virginia Parts: County Listing C.T. 17±21 County Name C.T. 28±32 *Daggett County Name C.T. 35±36 *Duchesne Accomack C.T. 37.01±37.02 Population Group: Pov PopÐDuchesne Co *Accomack C.T. 38.01±38.02 *Emery Service Area: Accomack/Northampton C.T. 39.01±39.03 Service Area: Castle Dale Service Area: Accomack/Northampton C.T. 40.01±40.02 *Piute *Buchanan C.T. 41.03±41.07 *Rich *Dickenson C.T. 42.01±42.02 Salt Lake *Lee C.T. 103.10 Population Group: Pov/HomelessÐNw Salt *Nelson C.T. 104.01±104.04 Lake Service Area: Lovingston C.T. 105 Facility: Utah St. Prison (Draper) Newport News Trinity Service Area: Newport News *San Juan CountyÐDallas Northampton Parts: Service Area: Montezuma Creek *Northampton C.T. 41 Utah Service Area: Accomack/Northampton C.T. 49 Population Group: Pov/MFWÐUtah Co Service Area: Accomack/Northampton C.T. 54±55 *Washington *Russell C.T. 86.01±86.02 Service Area: Hildale C.T. 89 *Wayne DENTAL: Virginia West Dallas Service Area Listing CountyÐDallas DENTAL: Utah Parts: Service Area Listing Service Area Name C.T. 43 Accomack/Northampton C.T. 101±106 Service Area Name CountyÐAccomack West Side (San Antonio) Castle Dale CountyÐNorthampton CountyÐBexar CountyÐEmery CountyÐNorthampton Parts: Parts: Lovingston C.T. 1105±1108 Castle Dale-Huntington Cc CountyÐNelson C.T. 1601±1606 Emery Ferron CCD Parts: Lovingston Dist C.T. 1607.85 Hildale C.T. 1616 Massies Mill Dist CountyÐWashington Schuyler Dist C.T. 1701±1716 Parts: C.T. 1901±1902 Newport News Hildale Town CountyÐNewport News Montezuma Creek DENTAL: Texas Parts: Population Group Listing CountyÐSan Juan C.T. 302 Parts: C.T. 302.99 Population Group Oljato CCD C.T. 303.98 InmatesÐFCI Big Spring Red Mesa CCD C.T. 304±306 51626 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
DENTAL: Virginia DENTAL: Washington DENTAL: Washington Service Area Listing Service Area Listing Population Group Listing
Service Area Name Service Area Name Population Group C.T. 308±309 Big Bottom CCD Parts: C.T. 313 Mineral CCD MSFW Skagit Morton CCD CountyÐWhatcom DENTAL: Virginia Mossyrock CCD Parts: Facility Listing Naselle MSFW Whatcom CountyÐPacific Pov PopÐSpokane Facility Name Parts: CountyÐSpokane FCIÐPetersburg Naselle CCD Parts: Spokane CCD DENTAL: Washington DENTAL: Washington County Listing Population Group Listing DENTAL: Washington Facility Listing County Name Population Group *Adams Low IncÐSnohomish Co Facility Name Population Group: MSFWÐOthello/Royal CountyÐSnohomish Coyote Ridge Corr Inst City Parts: CountyÐFranklin Benton Low Income Wa Corr Ctr For Women Population Group: MSFW-Benton & Frank- Low Inc/MFWÐCentral Grant Co CountyÐPierce lin CountyÐGrant Wa Corr/Reception Ctr *Chelan Parts: CountyÐMason Population Group: MFWÐChelan/Douglas Ephrata-Soap Lake CCD Wa State Pen *Columbia George CCD CountyÐWalla Walla Population Group: MSFW-Columbia & Gloyd CCD Walla Walla Moses Lake CCD DENTAL: West Virginia *Douglas Quincy CCD County Listing Population Group: MFWÐChelan/Douglas Warden CCD *Ferry Wilson Creek CCD County Name Franklin MedicaidÐPierce Co *Calhoun Population Group: MSFW-Benton & Frank- CountyÐPierce *Hampshire lin Parts: Service Area: Baker Facility: Coyote Ridge Corr Inst Medicaid Eligible *Hardy *Grant MFWÐChelan/Douglas Service Area: Baker Population Group: Low Inc/MFWÐCentral CountyÐChelan Kanawha Service Area: Cedar Grove Grant Co Parts: *Lincoln Population Group: MSFWÐOthello/Royal MFW *McDowell City CountyÐDouglas *Monongalia *Lewis Parts: Service Area: Clay/Battelle (WV/PA) Service Area: Morton MFW Population Group: InmatesÐFCI Morgan- *Mason MSFWÐOkanogan Co town Facility: Wa Corr/Reception Ctr CountyÐOkanogan *Monroe *Okanogan Parts: Population Group: InmatesÐFPC Alderson Population Group: MSFWÐOkanogan Co MSFW *Wetzel *Pacific MSFWÐOthello/Royal City Service Area: Clay/Battelle (WV/PA) Service Area: Naselle CountyÐAdams Pierce Parts: DENTAL: West Virginia Population Group: MedicaidÐPierce Co MSFW Service Area Listing Facility: Wa Corr Ctr For Women CountyÐGrant *Skagit Parts: Service Area Name Population Group: MSFW-Skagit/Whatcom Southern Slopes CCD Baker Snohomish MSFWÐToppenish/Grandview CountyÐHampshire Population Group: Low IncÐSnohomish CountyÐYakima Parts: Co Parts: Capon Dist Spokane Mabton CCD CountyÐHardy Population Group: Pov PopÐSpokane S Yakima CCD Parts: *Wahkiakum Sunnyside CCD Capon Dist *Walla Walla Toppenish/Wapato CCD Lost River Dist Population Group: MSFW-Columbia & MSFW-Benton & Franklin Cedar Grove Walla Walla CountyÐBenton CountyÐKanawha Facility: Wa State Pen Parts: Parts: Whatcom MSFW C.T. 118 Population Group: MSFW-Skagit/Whatcom CountyÐFranklin Clay/Battelle (WV/PA) Yakima Parts: CountyÐMonongalia Population Group: MSFWÐToppenish/ MSFW Parts: Grandview MSFW-Columbia & Walla Walla C.T. 114 CountyÐColumbia CountyÐWetzel DENTAL: Washington Parts: Parts: Service Area Listing MSFW C.T. 304 CountyÐWalla Walla Wayne/Fort Gay Service Area Name Parts: Parts: Morton MSFW Butler Dist. CountyÐLewis MSFW-Skagit/Whatcom Stonewall Dist. Parts: CountyÐSkagit Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51627
DENTAL: West Virginia DENTAL: Wisconsin DENTAL: Puerto Rico Population Group Listing Population Group Listing County Listing
Population Group Population Group County Name InmatesÐFCI Morgantown Low IncÐInner City South *Adjuntas CountyÐMonongalia CountyÐMilwaukee Aguada Parts: Parts: Aguadilla *Aguas Buenas FCI Morgantown C.T. 155±159 *Aibonito InmatesÐFPC Alderson C.T. 162±169 CountyÐMonroe Anasco C.T. 174±177 *Arecibo Parts: C.T. 178.98 FPC Alderson *Arroyo C.T. 179 *Barceloneta C.T. 180.97±180.98 *Barranquitas DENTAL: Wisconsin County Listing *Bayamon DENTAL: American Samoa Population Group: Low IncÐBayamon County Name County Listing Cabo Rojo *Forest *Caguas Service Area: Mountain County Name Population Group: Low IncÐCaguas *Camuy *Langlade Eastern District *Canovanas Service Area: Mountain Service Area: Terr. Of American Samoa Manu'A District *Carolina Milwaukee *Catano Service Area: Terr. Of American Samoa Service Area: Inner City West *Cayey Service Area: Inner City North (Milwaukee) Rose Island *Ceiba Population Group: Low IncÐInner City Service Area: Terr. Of American Samoa *Ciales South Swains Island *Cidra *Oconto Service Area: Terr. Of American Samoa *Coamo Service Area: Mountain Western District *Comerio Service Area: Terr. Of American Samoa *Corozal DENTAL: Wisconsin *Culebra Service Area Listing DENTAL: American Samoa *Dorado Service Area Listing *Fajardo Service Area Name Population Group: Low IncÐFajardo Inner City North (Milwaukee) Service Area Name *Florida CountyÐMilwaukee Terr. Of American Samoa *Guanica Parts: CountyÐEastern District *Guayama C.T. 66±72 CountyÐManu'A District Guayanilla C.T. 79±86 *Guaynabo CountyÐRose Island C.T. 101±107 Population Group: Low IncÐGuaynabo C.T. 114±118 CountyÐSwains Island *Gurabo C.T. 139±142 CountyÐWestern District *Hatillo C.T. 145±147 Hormigueros C.T. 151 DENTAL: Fed Ste Micronesia *Humacao Inner City West County Listing Population Group: Low IncÐHumacao CountyÐMilwaukee *Isabela County Name Parts: *Jayuya *Chuuk State C.T. 62 Juana Diaz C.T. 87±90 *Kosrae State *Juncos C.T. 96±100 *Pohnpei State Population Group: Low IncÐJuncos C.T. 119±123 *Yap State *Lajas C.T. 133±138 *Lares C.T. 148±149 DENTAL: Guam *Las Marias Mountain County Listing *Las Peidras *Loiza CountyÐForest County Name *Luquillo Parts: *Manati Blackwell Twn. *Guam Population Group: Low IncÐManati Freedom Twn. *Maricao Wabeno Twn. DENTAL: Marshall Islands County Listing *Maunabo CountyÐLanglade Mayaguez Parts: County Name Population Group: Low IncÐMayaguez Evergreen Twn. *Republic Of Marshall Is Moca Langlade Twn. *Morovis White Lake Vil. *Naguabo Wolf River Twn. DENTAL: N. Mariana Islands County Listing *Naranjito CountyÐOconto *Orocovis Parts: County Name Population Group: Low IncÐOrocovis Armstrong Twn. *Mariana Island District *Patillas Bagley Twn. Penuelas Brazeau Twn. Ponce Breed Twn. DENTAL: Republic of Palau County Listing Population Group: Low IncÐPonce Doty Twn. *Quebradillas Lakewood Twn. County Name *Rincon Riverview Twn. *Republic Of Palau *Rio Grande Townsend Twn. Sabana Grande 51628 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
DENTAL: Puerto Rico DENTAL: Virgin Islands MENTAL HEALTH: Alabama County Listing Service Area Listing County Listing
County Name Service Area Name County Name *Salinas Fredericksted Service Area: Catchment Area M±10 San German CountyÐSt. Croix Hale *San Juan Parts: Service Area: Catchment Area M±10 Population Group: Low IncÐSan Juan Fredericksted *Henry *San Lorenzo Northwest Service Area: Catchment Area M±19 *San Sebastian Southwest Houston *Santa Isabel Service Area: Catchment Area M±19 *Toa Alta MENTAL HEALTH: Alabama Jackson *Toa Baja County Listing Service Area: Catchment Area M±20 *Trujillo Alto Lamar *Utuado County Name Service Area: Catchment Area M±4 *Vega Alta Autauga Lauderdale *Vega Baja Service Area: Catchment Area M±14 Service Area: Catchment Area M±1 *Vieques Baldwin Lawrence Villalba Service Area: Catchment Area M±21 Service Area: Catchment Area M±2 *Yabucoa Barbour Lee Yauco Service Area: Catchment Area M±19 Service Area: Catchment Area M±12 Bibb Limestone DENTAL: Puerto Rico Service Area: Catchment Area M±8 Service Area: Catchment Area M±2 Population Group Listing Bullock Lowndes Service Area: Catchment Area M±15 Service Area: Catchment Area M±14 Population Group Butler Macon Low IncÐBayamon Service Area: Catchment Area M±18 Service Area: Catchment Area M±15 CountyÐBayamon Calhoun Madison Parts: Service Area: Catchment Area M±7 Service Area: Catchment Area M±3 Low Income Chambers Marengo Low IncÐCaguas Service Area: Catchment Area M±12 Service Area: Catchment Area M±10 CountyÐCaguas Cherokee Marion Parts: Service Area: Catchment Area M±6 Service Area: Catchment Area M±4 Low Income Chilton Marshall Low IncÐFajardo Service Area: Catchment Area M±11 Service Area: Catchment Area M±20 CountyÐFajardo Choctaw Mobile Parts: Service Area: Catchment Area M±10 Service Area: Catchment Area M±16 Low Income Clarke Monroe Low IncÐGuaynabo Service Area: Catchment Area M±17 Service Area: Catchment Area M±17 CountyÐGuaynabo Clay Montgomery Parts: Service Area: Catchment Area M±9 Service Area: Catchment Area M±14 Low Income Cleburne Morgan Low IncÐHumacao Service Area: Catchment Area M±7 Service Area: Catchment Area M±2 CountyÐHumacao Coffee Perry Parts: Service Area: Catchment Area M±18 Service Area: Catchment Area M±13 Low Income Colbert Pickens Low IncÐJuncos Service Area: Catchment Area M±1 Service Area: Catchment Area M±8 CountyÐJuncos Conecuh Pike Parts: Service Area: Catchment Area M±17 Service Area: Catchment Area M±15 Low Income Coosa Randolph Low IncÐManati Service Area: Catchment Area M-9 Service Area: Catchment Area M±9 CountyÐManati Covington Russell Parts: Service Area: Catchment Area M±18 Service Area: Catchment Area M±12 Low Income Crenshaw Shelby Low IncÐMayaguez Service Area: Catchment Area M±18 Service Area: Catchment Area M±11 CountyÐMayaguez Cullman Sumter Parts: Service Area: Catchment Area M±10 Service Area: Catchment Area M±22 Low Income Talladega Dale Low IncÐOrocovis Service Area: Catchment Area M±9 Service Area: Catchment Area M±19 CountyÐOrocovis Tallapoosa Dallas Parts: Service Area: Catchment Area M±12 Low Income Service Area: Catchment Area M±13 Tuscaloosa Low IncÐPonce De Kalb Service Area: Catchment Area M±8 CountyÐPonce Service Area: Catchment Area M±6 Walker Parts: Elmore Service Area: Catchment Area M±4 Low Income Service Area: Catchment Area M±14 Washington Low IncÐSan Juan Escambia Service Area: Catchment Area M±16 CountyÐSan Juan Service Area: Catchment Area M±17 Wilcox Parts: Etowah Service Area: Catchment Area M±13 Low Income Service Area: Catchment Area M±6 Winston Fayette Service Area: Catchment Area M±4 DENTAL: Virgin Islands Service Area: Catchment Area M±4 County Listing Franklin MENTAL HEALTH: Alabama Service Area: Catchment Area M±1 Service Area Listing County Name *Geneva *St. Croix Service Area: Catchment Area M±19 Service Area Name Service Area: Fredericksted Greene Catchment Area M±1 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51629
MENTAL HEALTH: Alabama MENTAL HEALTH: Alabama MENTAL HEALTH: Alaska Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name # CountyÐColbert Catchment Area M±7 Aniak (Ca 10) CountyÐFranklin CountyÐCalhoun Census AreaÐBethel Area CountyÐLauderdale CountyÐCleburne Parts: Catchment Area M±10 Catchment Area M±8 *Aniak Subarea # CountyÐChoctaw CountyÐBibb Barrow (Ca 1) CountyÐGreene CountyÐPickens Census AreaÐNorth Slope Area # CountyÐHale CountyÐTuscaloosa Bethel (Ca 9) CountyÐMarengo Catchment Area M±9 Census AreaÐBethel Area CountyÐSumter CountyÐClay Parts: Catchment Area M±11 CountyÐCoosa *Lower Kuskokwim Subarea CountyÐChilton Census AreaÐWade-Hampton Area CountyÐRandolph CountyÐShelby Copper Center (Ca #13) CountyÐTalladega Catchment Area M±12 Census AreaÐValdez-Cordova Area CountyÐChambers Parts: CountyÐLee MENTAL HEALTH: Alaska Census Area Listing *Copper River Subarea CountyÐRussell Cordova (Ca #23) CountyÐTallapoosa Census AreaÐValdez-Cordova Area Catchment Area M±13 Census Area Name *Anchorage Borough Parts: CountyÐDallas *Cordova Subarea CountyÐPerry Facility: Alaska Psychiatric I. Dillingham (Ca #14) CountyÐWilcox *Bethel Area Census AreaÐDillingham Area Catchment Area M±14 Service Area: Aniak (Ca #10) Fort Yukon (Ca #4) CountyÐAutauga Service Area: Bethel (Ca #9) CountyÐElmore *Bettles Census AreaÐYukon-Koyukuk Area CountyÐLowndes Service Area: Tanana/Galena (Ca's 3 & 6) Parts: *Yukon Flats Subarea CountyÐMontgomery *Bristol Bay Borough Haines (Ca #20) Catchment Area M±15 Service Area: Dillingham (Ca #14) Census AreaÐSkagway-Yakutat-Angoon CountyÐBullock *Dillingham Area Kenai/Homer (Ca's 17 & 24) CountyÐMacon Service Area: Dillingham (Ca #14) Census AreaÐKenai Peninsula Borough CountyÐPike *Ft. Yukon Parts: Catchment Area M±16 Service Area: Tanana/Galena (Ca's 3 & 6) *Kenai-Cook Inlet Subarea CountyÐMobile *Galena Kodiak Island (Ca #15) CountyÐWashington Service Area: Tanana/Galena (Ca's 3 & 6) Catchment Area M±17 Census AreaÐKodiak Island Borough *Haines Borough CountyÐClarke Kotzebue (Ca #2) Service Area: Haines (Ca #20) CountyÐConecuh Census AreaÐKobuk Area *Kenai Peninsula Borough CountyÐEscambia Mc Grath (Ca #11) CountyÐMonroe Service Area: Kenai/Homer (Ca's 17 & 24) # Census AreaÐYukon-Koyukuk Area Catchment Area M±18 Service Area: Seward (Ca 18) Parts: CountyÐButler *Kobuk Area # *Mc Grath-Holycross Subarea CountyÐCoffee Service Area: Kotzebue (Ca 2) Nome CountyÐCovington *Kodiak Island Borough Census AreaÐNome Area # CountyÐCrenshaw Service Area: Kodiak Island (Ca 15) Prince Of Wales (Ca #25) Catchment Area M±19 *Matanuska-Susitna Borough Census AreaÐPrince Of Wales-Outer Ket # CountyÐBarbour Service Area: Wasilla (Ca 12) Parts: CountyÐDale *McGrath *Prince Of Wales Subarea CountyÐGeneva Service Area: Tanana/Galena (Ca's 3 & 6) Seward (Ca #18) CountyÐHenry *Nome Area Census AreaÐKenai Peninsula Borough CountyÐHouston Service Area: Nome Parts: Catchment Area M±2 *North Slope Area *Seward Subarea CountyÐLawrence # Service Area: Barrow (Ca 1) Sitka CountyÐLimestone *Prince Of Wales-Outer Ket Census AreaÐSitka Borough CountyÐMorgan # Service Area: Prince Of Wales (Ca 25) Tanana/Galena (Ca's 3 & 6) Catchment Area M±20 *Sitka Borough CountyÐJackson Census AreaÐBettles Service Area: Sitka Census AreaÐFt. Yukon CountyÐMarshall *Skagway-Yakutat-Angoon Catchment Area M±21 Census AreaÐGalena Service Area: Haines (Ca #20) CountyÐBaldwin Census AreaÐMcGrath *Southeast-Fairbanks Area Catchment Area M±22 Census AreaÐTok Service Area: Tok (Ca #8) CountyÐCullman Census AreaÐYukon-Koyukuk Area Catchment Area M±3 *Tok Parts: CountyÐMadison Service Area: Tanana/Galena (Ca's 3 & 6) *Koyukuk-Middle Yukon Subarea Catchment Area M±4 *Valdez-Cordova Area Tok (Ca #8) # CountyÐFayette Service Area: Copper Center (Ca 13) Census AreaÐSoutheast-Fairbanks Area # CountyÐLamar Service Area: Cordova (Ca 23) Unalaska (Ca #16) CountyÐMarion Service Area: Valdez (Ca #19) Valdez (Ca #19) CountyÐWalker *Wade-Hampton Area Census AreaÐValdez-Cordova Area CountyÐWinston Service Area: Bethel (Ca #9) Parts: Catchment Area M±6 *Yukon-Koyukuk Area *Prince William Sound Subarea CountyÐCherokee Service Area: Fort Yukon (Ca #4) Wasilla (Ca #12) CountyÐDe Kalb Service Area: Mc Grath (Ca #11) Census AreaÐMatanuska-Susitna Bor- CountyÐEtowah Service Area: Tanana/Galena (Ca's 3 & 6) ough 51630 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
MENTAL HEALTH: Alaska MENTAL HEALTH: Arkansas MENTAL HEALTH: Arkansas Facility Listing County Listing County Listing
Facility Name County Name County Name Alaska Psychiatric I. Cleburne Pope Census AreaÐAnchorage Borough Service Area: Batesville Service Area: Russellville C.A. Cleveland *Prairie MENTAL HEALTH: Arizona Service Area: Pine Bluff C.A. Randolph County Listing Columbia Service Area: Jonesboro County Name Service Area: El Dorado Searcy Apache Conway Service Area: Mountain Home C.A. Service Area: N. Arizona Mental Hlth Service Area: Russellville C.A. Sevier Catch Area Craighead Service Area: Texarkana C.A. Cochise Service Area: Jonesboro Sharp Service Area: Southeastern Arizona Crittenden Service Area: Batesville Coconino Service Area: Helena St. Francis Service Area: N. Arizona Mental Hlth Cross Service Area: Helena Catch Area Service Area: Helena Stone *Gila Dallas Service Area: Batesville Graham Service Area: El Dorado Union Service Area: Southeastern Arizona Desha Service Area: El Dorado Greenlee Service Area: Monticello C.A. Van Buren Service Area: Southeastern Arizona Drew Service Area: Batesville *La Paz Service Area: Monticello C.A. White Mohave Faulkner Service Area: Batesville Service Area: N. Arizona Mental Hlth Service Area: Russellville C.A. Woodruff Catch Area Fulton Service Area: Batesville Navajo Service Area: Batesville Yell Service Area: N. Arizona Mental Hlth Grant Service Area: Russellville C.A. Catch Area Service Area: Pine Bluff C.A. Pinal Greene MENTAL HEALTH: Arkansas Santa Cruz Service Area: Jonesboro Service Area Listing Service Area: Southeastern Arizona Hempstead Yavapai Service Area: Texarkana C.A. Service Area Name Service Area: N. Arizona Mental Hlth Howard Batesville Catch Area Service Area: Texarkana C.A. CountyÐCleburne Yuma Independence CountyÐFulton Service Area: Batesville CountyÐIndependence CountyÐIzard MENTAL HEALTH: Arizona Izard Service Area Listing Service Area: Batesville CountyÐJackson Jackson CountyÐSharp Service Area Name Service Area: Batesville CountyÐStone N. Arizona Mental Hlth Catch Area Jefferson CountyÐVan Buren CountyÐApache Service Area: Pine Bluff C.A. CountyÐWhite CountyÐCoconino Johnson CountyÐWoodruff CountyÐMohave Service Area: Russellville C.A. El Dorado CountyÐNavajo Lafayette CountyÐCalhoun CountyÐYavapai Service Area: Texarkana C.A. CountyÐColumbia Southeastern Arizona Lawrence CountyÐDallas CountyÐCochise Service Area: Jonesboro CountyÐNevada CountyÐGraham Lee CountyÐOuachita CountyÐGreenlee Service Area: Helena CountyÐUnion CountyÐSanta Cruz Lincoln Helena Service Area: Pine Bluff C.A. CountyÐCrittenden MENTAL HEALTH: Arkansas Little River CountyÐCross County Listing Service Area: Texarkana C.A. CountyÐLee Marion CountyÐMonroe County Name Service Area: Mountain Home C.A. CountyÐPhillips Arkansas Miller CountyÐSt. Francis Service Area: Pine Bluff C.A. Service Area: Texarkana C.A. Jonesboro Ashley Mississippi CountyÐClay Service Area: Monticello C.A. Service Area: Jonesboro CountyÐCraighead Baxter Monroe CountyÐGreene Service Area: Mountain Home C.A. Service Area: Helena CountyÐLawrence Benton Nevada CountyÐMississippi Facility: Benton Detox/Mh Ctr Service Area: El Dorado CountyÐPoinsett Boone Newton CountyÐRandolph Service Area: Mountain Home C.A. Service Area: Mountain Home C.A. Monticello C.A. Bradley Ouachita CountyÐAshley Service Area: Monticello C.A. Service Area: El Dorado CountyÐBradley Calhoun Perry CountyÐChicot Service Area: El Dorado Service Area: Russellville C.A. CountyÐDesha Chicot Phillips CountyÐDrew Service Area: Monticello C.A. Service Area: Helena Mountain Home C.A. Clay Poinsett CountyÐBaxter Service Area: Jonesboro Service Area: Jonesboro CountyÐBoone Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51631
MENTAL HEALTH: Arkansas MENTAL HEALTH: Colorado MENTAL HEALTH: Colorado Service Area Listing County Listing County Listing
Service Area Name County Name County Name CountyÐMarion *Alamosa Service Area: Mh Reg 7 CountyÐNewton Service Area: San Luis Valley *Rio Grande *Archuleta CountyÐSearcy Service Area: San Luis Valley Service Area: Southwest Colorado Pine Bluff C.A. *Saguache Baca CountyÐArkansas Service Area: Southeast Mh Reg Service Area: San Luis Valley CountyÐCleveland *Bent *San Juan CountyÐGrant Service Area: Southeast Mh Reg Service Area: Southwest Colorado CountyÐJefferson Chaffee San Miguel CountyÐLincoln Service Area: West Central Mh Reg Service Area: Midwestern Mh Reg Russellville C.A. Cheyenne *Sedgwick CountyÐConway Service Area: Northeast/East Central Mh Service Area: Northeast/East Central Mh CountyÐFaulkner Reg Reg CountyÐJohnson *Conejos Washington CountyÐPerry Service Area: San Luis Valley Service Area: Northeast/East Central Mh CountyÐPope *Costilla Reg CountyÐYell Service Area: San Luis Valley Yuma Texarkana C.A. Crowley Service Area: Northeast/East Central Mh CountyÐHempstead Service Area: Southeast Mh Reg Reg CountyÐHoward *Custer CountyÐLafayette Service Area: West Central Mh Reg MENTAL HEALTH: Colorado CountyÐLittle River Delta Service Area Listing CountyÐMiller Service Area: Midwestern Mh Reg Service Area Name CountyÐSevier *Dolores Service Area: Southwest Colorado Mh Reg 7 Elbert CountyÐHuerfano MENTAL HEALTH: Arkansas CountyÐLas Animas Facility Listing Service Area: Northeast/East Central Mh Reg CountyÐPueblo Facility Name Fremont Midwestern Mh Reg Benton Detox/Mh Ctr Service Area: West Central Mh Reg CountyÐDelta CountyÐBenton Gunnison CountyÐGunnison Service Area: Midwestern Mh Reg CountyÐHinsdale Hinsdale MENTAL HEALTH: California CountyÐMontrose County Listing Service Area: Midwestern Mh Reg CountyÐOuray Huerfano CountyÐSan Miguel County Name Service Area: Mh Reg 7 Northeast/East Central Mh Reg *Del Norte Kiowa CountyÐCheyenne Fresno Service Area: Southeast Mh Reg CountyÐElbert Service Area: West Side Fresno Kit Carson CountyÐKit Carson *Imperial Service Area: Northeast/East Central Mh CountyÐLincoln Reg Kern CountyÐLogan *La Plata Population Group: Low IncÐArvin/Lamont CountyÐMorgan Service Area: Southwest Colorado *Kings CountyÐPhillips Lake San Mateo CountyÐSedgwick Service Area: West Central Mh Reg CountyÐWashington Service Area: East Palo Alto Las Animas *Tehama CountyÐYuma Service Area: Mh Reg 7 San Luis Valley Lincoln CountyÐAlamosa MENTAL HEALTH: California Service Area: Northeast/East Central Mh CountyÐConejos Service Area Listing Reg CountyÐCostilla Logan Service Area Name CountyÐMineral Service Area: Northeast/East Central Mh CountyÐRio Grande East Palo Alto Reg CountyÐSaguache CountyÐSan Mateo *Mineral Parts: Service Area: San Luis Valley Southeast Mh Reg C.T. 6117±6120 *Montezuma CountyÐBaca West Side Fresno Service Area: Southwest Colorado CountyÐBent CountyÐFresno Montrose CountyÐCrowley Parts: Service Area: Midwestern Mh Reg CountyÐKiowa C.T. 78 Morgan CountyÐOtero C.T. 79.98 Service Area: Northeast/East Central Mh CountyÐProwers C.T. 80±83 Reg Southwest Colorado C.T. 84.01±84.02 Otero CountyÐArchuleta Service Area: Southeast Mh Reg CountyÐDolores MENTAL HEALTH: California Ouray CountyÐLa Plata Population Group Listing Service Area: Midwestern Mh Reg CountyÐMontezuma Phillips CountyÐSan Juan Population Group Service Area: Northeast/East Central Mh West Central Mh Reg Low IncÐArvin/Lamont Reg CountyÐChaffee CountyÐKern Prowers CountyÐCuster Parts: Service Area: Southeast Mh Reg CountyÐFremont C.T. 62±64 Pueblo CountyÐLake 51632 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
MENTAL HEALTH: Connecticut MENTAL HEALTH: Florida MENTAL HEALTH: Georgia County Listing Population Group Listing County Listing
County Name Population Group County Name Hartford Parts: Service Area: Georgia Highlands Service Area: Charter Oak Terrace/ Rice Low Inc Pop Glynn Heights Service Area: Gateway Catchment Area MENTAL HEALTH: Florida Gordon MENTAL HEALTH: Connecticut Facility Listing Service Area: Coosa Valley Service Area Listing Grady Facility Name Service Area: Thomas Trail Service Area Name Apalachee Corr Inst Habersham Charter Oak Terrace/ Rice Heights Broward Corr Inst CountyÐHartford Service Area: Georgia Mountains CountyÐBroward Hall Parts: Florida State Prs C.T. 5001±5002 Service Area: Georgia Mountains N. Fl. Evaluation & Treat. C. Haralson C.T. 5019 CountyÐAlachua C.T. 5027±5030 Service Area: Coosa Valley Tomoka Corr Inst Hart C.T. 5043 CountyÐVolusia C.T. 5045±5046 Service Area: Georgia Mountains C.T. 5049 Heard MENTAL HEALTH: Georgia Service Area: Chattahoochee-Flint County Listing Henry MENTAL HEALTH: DELAWARE County Listing Service Area: McIntosh Trail Catchment County Name Area Banks County Name *Irwin Service Area: Georgia Mountains Service Area: Valdosta-Lowndes Kent Bartow *Sussex Lamar Service Area: Coosa Valley Service Area: McIntosh Trail Catchment *Ben Hill Area MENTAL HEALTH: Florida Service Area: Valdosta-Lowndes County Listing Lanier *Berrien Service Area: Valdosta-Lowndes County Name Service Area: Valdosta-Lowndes *Lowndes Alachua *Brooks Service Area: Valdosta-Lowndes Facility: N. Fl. Evaluation & Treat. C. Service Area: Valdosta-Lowndes Lumpkin Broward Butts Service Area: Georgia Mountains Facility: Broward Corr Inst Service Area: McIntosh Trail Catchment Meriwether Dade Area Service Area: Chattahoochee-Flint Service Area: Model Cities Carroll Mitchell Manatee Service Area: Chattahoochee-Flint Service Area: Thomas Trail Population Group: Low IncÐManatee Cty Catoosa Murray Palm Beach Service Area: Mhca 1 Service Area: Georgia Highlands Service Area: Belle Glade/Pahokee *Chatooga Paulding *Putnam Service Area: Mhca 1 Service Area: Coosa Valley Volusia Cherokee Pickens Facility: Tomoka Corr Inst Service Area: Georgia Highlands Service Area: Georgia Highlands Colquitt Pike Service Area: Thomas Trail MENTAL HEALTH: Florida Service Area: McIntosh Trail Catchment Service Area Listing *Cook Area Service Area: Valdosta-Lowndes Polk Service Area Name Coweta Service Area: Coosa Valley Belle Glade/Pahokee Service Area: Chattahoochee-Flint Rabun CountyÐPalm Beach Dade Service Area: Georgia Mountains Parts: Service Area: Mhca 1 Seminole Belle Glade/Pahokee CCD Dawson Service Area: Thomas Trail Model Cities Service Area: Georgia Mountains Spalding CountyÐDade De Kalb Service Area: McIntosh Trail Catchment Parts: Facility: Georgia Regional Hosp Area C.T. 4.08 Decatur Stephens C.T. 8.01±8.02 Service Area: Thomas Trail Service Area: Georgia Mountains C.T. 9.01±9.03 *Echols Thomas C.T. 10.01±10.04 Service Area: Valdosta-Lowndes Service Area: Thomas Trail C.T. 11.03 Fannin *Tift C.T. 15.01±15.02 Service Area: Georgia Highlands Service Area: Valdosta-Lowndes C.T. 16.01±16.02 Fayette Towns C.T. 17.01±17.02 Service Area: McIntosh Trail Catchment Service Area: Georgia Mountains C.T. 18.01±18.03 Area Troup C.T. 19.01 Floyd Service Area: Chattahoochee-Flint C.T. 19.03±19.04 Service Area: Coosa Valley *Turner C.T. 23 Forsyth Service Area: Valdosta-Lowndes Service Area: Georgia Mountains Union MENTAL HEALTH: Florida Franklin Service Area: Georgia Mountains Population Group Listing Service Area: Georgia Mountains Upson Fulton Service Area: McIntosh Trail Catchment Population Group Service Area: South Central Fulton Area Low IncÐManatee Cty Service Area: West Fulton Trail Walker CountyÐManatee Gilmer Service Area: Mhca 1 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51633
MENTAL HEALTH: Georgia MENTAL HEALTH: Georgia MENTAL HEALTH: Idaho County Listing Service Area Listing County Listing
County Name Service Area Name County Name White C.T. 68.01±68.02 Service Area: Mental Hlth Region III Service Area: Georgia Mountains C.T. 69±73 *Cassia Whitfield Thomas Trail Service Area: Mental Hlth Region V Service Area: Georgia Highlands CountyÐColquitt Clark CountyÐDecatur Service Area: Mh Region Vii MENTAL HEALTH: Georgia CountyÐGrady Custer Service Area Listing CountyÐMitchell Service Area: Mh Region Vii CountyÐSeminole Fremont Service Area Name CountyÐThomas Service Area: Mh Region Vii Chattahoochee-Flint Valdosta-Lowndes Gem CountyÐCarroll CountyÐBen Hill Service Area: Mental Hlth Region III CountyÐCoweta CountyÐBerrien *Gooding CountyÐHeard CountyÐBrooks Service Area: Mental Hlth Region V CountyÐMeriwether CountyÐCook Jefferson CountyÐTroup CountyÐEchols Service Area: Mh Region Vii Coosa Valley CountyÐIrwin *Jerome CountyÐBartow CountyÐLanier Service Area: Mental Hlth Region V CountyÐFloyd CountyÐLowndes Lemhi CountyÐGordon CountyÐTift Service Area: Mh Region Vii CountyÐHaralson CountyÐTurner *Lincoln CountyÐPaulding West Fulton Trail Service Area: Mental Hlth Region V CountyÐPolk CountyÐFulton Madison Gateway Catchment Area Parts: Service Area: Mh Region Vii CountyÐGlynn C.T. 60±62 *Minidoka Georgia Highlands C.T. 77.01±77.02 Service Area: Mental Hlth Region V CountyÐCherokee C.T. 78.02±78.04 Owyhee CountyÐFannin C.T. 79±80 Service Area: Mental Hlth Region III CountyÐGilmer C.T. 81.01±81.02 Payette CountyÐMurray C.T. 82.01±82.02 Service Area: Mental Hlth Region III CountyÐPickens C.T. 83.01±83.02 Teton CountyÐWhitfield C.T. 84±85 Service Area: Mh Region Vii Georgia Mountains C.T. 86.01±86.02 *Twin Falls CountyÐBanks C.T. 87.01±87.02 Service Area: Mental Hlth Region V CountyÐDawson C.T. 88 Washington CountyÐForsyth C.T. 103.01±103.02 Service Area: Mental Hlth Region III CountyÐFranklin CountyÐHabersham MENTAL HEALTH: Georgia MENTAL HEALTH: Idaho CountyÐHall Facility Listing Service Area Listing CountyÐHart CountyÐLumpkin Facility Name Service Area Name CountyÐRabun Georgia Regional Hosp 3 Mental Hlth Region III CountyÐStephens CountyÐDe Kalb CountyÐAdams CountyÐTowns CountyÐCanyon CountyÐUnion MENTAL HEALTH: Hawaii CountyÐGem CountyÐWhite County Listing CountyÐOwyhee McIntosh Trail Catchment Area CountyÐPayette CountyÐButts County Name CountyÐWashington CountyÐFayette Honolulu Mental Hlth Region V CountyÐHenry Facility: Hawaii State Hosp. CountyÐBlaine CountyÐLamar CountyÐCamas CountyÐPike MENTAL HEALTH: Hawaii CountyÐCassia CountyÐSpalding Facility Listing CountyÐGooding CountyÐUpson CountyÐJerome Mhca 1 Facility Name CountyÐLincoln CountyÐCatoosa Hawaii State Hosp. CountyÐMinidoka CountyÐChatooga CountyÐHonolulu CountyÐTwin Falls CountyÐDade Mh Region Vii CountyÐWalker MENTAL HEALTH: Idaho CountyÐBonneville Pineland County Listing CountyÐButte South Central Fulton CountyÐClark CountyÐFulton County Name CountyÐCuster Parts: Adams CountyÐFremont C.T. 44 Service Area: Mental Hlth Region III CountyÐJefferson C.T. 46.95 *Blaine CountyÐLemhi C.T. 48 Service Area: Mental Hlth Region V CountyÐMadison C.T. 49.95 Bonneville CountyÐTeton C.T. 50 Service Area: Mh Region Vii C.T. 52-53 Butte MENTAL HEALTH: Illinois C.T. 55.01±55.02 Service Area: Mh Region Vii County Listing C.T. 56±58 *Camas C.T. 63±64 Service Area: Mental Hlth Region V County Name C.T. 67 Canyon Cook 51634 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
MENTAL HEALTH: Illinois MENTAL HEALTH: Indiana MENTAL HEALTH: Iowa County Listing County Listing County Listing
County Name County Name County Name Service Area: Ashbum/Beverly/Mount Whitley Madison Greenwood/Morgan Pa Service Area: Warsaw Service Area: Catchment Area 13 Service Area: Auburn Gresham/Washing- O'Brien ton Heights MENTAL HEALTH: Indiana Service Area: Spencer/Northwest Service Area: Roseland/Pullman/Riverdale Service Area Listing Osceola Service Area: South Chicago Service Area: Spencer/Northwest Service Area: South Shore/Chatham/Ava- Service Area Name Palo Alto lon Park/Burnside Gary Service Area: Spencer/Northwest Facility: Cook Co. Dept. Of Corr. CountyÐLake Pocahontas Parts: Service Area: Spencer/Northwest MENTAL HEALTH: Illinois C.T. 101 Shelby Service Area Listing C.T. 102.98±103.00 Service Area: Catchment Area 13 C.T. 104±134 *Webster Service Area Name C.T. 411±412 Service Area: Catchment Area 5 Ashbum/Beverly/Mount Greenwood/Morgan C.T. 413.01 Winneshiek Pa Warsaw Service Area: Catchment Area 3 CountyÐCook CountyÐHuntington Parts: CountyÐKosciusko MENTAL HEALTH: Iowa C.T. 7001±7005 CountyÐMarshall Service Area Listing C.T. 7201±7207 CountyÐWabash C.T. 7401±7404 CountyÐWhitley Service Area Name C.T. 7501±7506 Catchment Area 13 Auburn Gresham/Washington Heights MENTAL HEALTH: Iowa CountyÐDallas CountyÐCook County Listing Parts: Parts: Dallas Twp. C.T. 7101±7115 County Name Lincoln Twp. C.T. 7301±7307 Adair Linn Twp. Roseland/Pullman/Riverdale Service Area: Catchment Area 13 Spring Valley Twp. CountyÐCook Allamakee Union Twp. Parts: Service Area: Catchment Area 3 Washington Twp. C.T. 4901±4914 Audubon CountyÐAdair C.T. 5001±5003 Service Area: Catchment Area 13 CountyÐAudubon C.T. 5301±5306 Bremer CountyÐCass C.T. 5401 Service Area: Catchment Area 3 CountyÐGuthrie South Chicago Buchanan CountyÐMadison CountyÐCook Service Area: Catchment Area 3 CountyÐMontgomery Parts: Buena Vista CountyÐPage C.T. 4601±4610 Service Area: Spencer/Northwest CountyÐShelby C.T. 4801±4805 Butler Catchment Area 3 C.T. 5101±5105 Service Area: Catchment Area 3 CountyÐWinneshiek C.T. 5201±5206 *Calhoun Catchment Area 5 C.T. 5501±5502 Service Area: Catchment Area 5 CountyÐWebster South Shore/Chatham/Avalon Park/Burnside Cass Clinton/Jackson CountyÐCook Service Area: Catchment Area 13 CountyÐJackson Parts: Chickasaw Spencer/Northwest C.T. 4301±4314 Service Area: Catchment Area 3 CountyÐPocahontas C.T. 4401±4409 Clay C.T. 4501±4503 Service Area: Spencer/Northwest MENTAL HEALTH: Kentucky C.T. 4701 Clayton County Listing C.T. 6901±6915 Service Area: Catchment Area 3 Clinton County Name MENTAL HEALTH: Illinois Service Area: Clinton/Jackson Adair Facility Listing *Dallas Service Area: Lake Cumberland Service Area: Catchment Area 13 Catchment Area Facility Name Dickinson Allen Cook Co. Dept. Of Corr. Service Area: Spencer/Northwest Service Area: Barren River Catchment CountyÐCook Emmet Area Service Area: Spencer/Northwest *Anderson MENTAL HEALTH: Indiana Fayette Barren County Listing Service Area: Catchment Area 3 Service Area: Barren River Catchment Guthrie Area County Name Service Area: Catchment Area 13 Bath Huntington *Hamilton Service Area: Gateway Service Area: Warsaw Service Area: Catchment Area 5 Bell Kosciusko Howard Service Area: Cumberland River B Service Area: Warsaw Service Area: Catchment Area 3 Boyd Lake *Humboldt Service Area: Fivco Catchment Area Service Area: Gary Service Area: Catchment Area 5 Boyle Marshall Jackson Service Area: Danville Service Area: Warsaw Service Area: Clinton/Jackson Bracken Wabash Lyon Service Area: Buffalo Trace Service Area: Warsaw Service Area: Spencer/Northwest Breathitt Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51635
MENTAL HEALTH: Kentucky MENTAL HEALTH: Kentucky MENTAL HEALTH: Kentucky County Listing County Listing County Listing
County Name County Name County Name Service Area: Upper Kentucky River Knott *Powell Breckinridge Service Area: Upper Kentucky River Pulaski Service Area: North Central Knox Service Area: Lake Cumberland Butler Service Area: Cumberland River B Catchment Area Service Area: Barren River Catchment Larue Robertson Area Service Area: North Central Service Area: Buffalo Trace Caldwell Laurel Rockcastle Service Area: Pennroyal Service Area: Cumberland River A Service Area: Cumberland River A Carroll Lawrence Rowan Service Area: Northern Kentucky Service Area: Fivco Catchment Area Service Area: Gateway Carter Lee Russell Service Area: Fivco Catchment Area Service Area: Upper Kentucky River Service Area: Lake Cumberland Casey Leslie Catchment Area Service Area: Lake Cumberland Service Area: Upper Kentucky River Simpson Catchment Area Letcher Service Area: Barren River Catchment Christian Service Area: Upper Kentucky River Area Service Area: Pennroyal Lewis *Spencer Clay Service Area: Buffalo Trace Taylor Service Area: Cumberland River A Lincoln Service Area: Lake Cumberland Clinton Service Area: Danville Catchment Area Service Area: Lake Cumberland Livingston Todd Catchment Area Service Area: Pennroyal Service Area: Pennroyal Crittenden Logan Trigg Service Area: Pennroyal Service Area: Barren River Catchment Service Area: Pennroyal Cumberland Area *Trimble Service Area: Lake Cumberland Lyon Union Catchment Area Service Area: Pennroyal Service Area: Green River Daviess Madison Warren Service Area: Green River Magoffin Service Area: Barren River Catchment Edmonson Service Area: Mountain Area Service Area: Barren River Catchment Marion Washington Area Service Area: North Central Service Area: North Central Elliott Martin Wayne Service Area: Fivco Catchment Area Service Area: Mountain Service Area: Lake Cumberland *Estill Mason Catchment Area Fleming Service Area: Buffalo Trace Webster Service Area: Buffalo Trace McCreary Service Area: Green River Floyd Service Area: Lake Cumberland Whitley Service Area: Mountain Catchment Area Service Area: Cumberland River A *Franklin McLean Wolfe Gallatin Service Area: Green River Service Area: Upper Kentucky River Service Area: Northern Kentucky Meade Garrard Service Area: North Central MENTAL HEALTH: Kentucky Service Area: Danville Menifee Service Area Listing Grant Service Area: Gateway Service Area: Northern Kentucky Mercer Service Area Name Grayson Service Area: Danville Barren River Catchment Area Service Area: North Central Metcalfe CountyÐAllen Green Service Area: Barren River Catchment CountyÐBarren Service Area: Lake Cumberland Area CountyÐButler Catchment Area Monroe CountyÐEdmonson Greenup Service Area: Barren River Catchment CountyÐHart Service Area: Fivco Catchment Area Area CountyÐLogan Hancock Montgomery CountyÐMetcalfe Service Area: Green River Service Area: Gateway CountyÐMonroe Hardin Morgan CountyÐSimpson Service Area: North Central Service Area: Gateway CountyÐWarren Harlan Muhlenberg Buffalo Trace Service Area: Cumberland River B Service Area: Pennroyal CountyÐBracken *Harrison Nelson CountyÐFleming Hart Service Area: North Central CountyÐLewis Service Area: Barren River Catchment *Nicholas CountyÐMason Area Ohio CountyÐRobertson Henderson Service Area: Green River Cumberland River A Service Area: Green River Owen CountyÐClay *Henry Service Area: Northern Kentucky CountyÐJackson Hopkins Owsley CountyÐLaurel Service Area: Pennroyal Service Area: Upper Kentucky River CountyÐRockcastle Jackson Perry CountyÐWhitley Service Area: Cumberland River A Service Area: Upper Kentucky River Cumberland River B Johnson Pike CountyÐBell Service Area: Mountain Service Area: Mountain CountyÐHarlan 51636 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
MENTAL HEALTH: Kentucky MENTAL HEALTH: Kentucky MENTAL HEALTH: Maine Service Area Listing Service Area Listing County Listing
Service Area Name Service Area Name County Name CountyÐKnox CountyÐLetcher *Franklin Danville CountyÐOwsley Service Area: Farmington/Rumford CountyÐBoyle CountyÐPerry *Oxford CountyÐGarrard CountyÐWolfe Service Area: Farmington/Rumford CountyÐLincoln Penobscot CountyÐMercer MENTAL HEALTH: Louisiana Service Area: Mental Health Catchment Fivco Catchment Area Parish Listing Area #1 CountyÐBoyd Service Area: Piscataquis/N. Penobscot CountyÐCarter Parish Name Piscataquis CountyÐElliott Acadia Service Area: Piscataquis/N. Penobscot CountyÐGreenup *Allen *Somerset CountyÐLawrence *Beauregard *Washington Gateway *Caldwell Service Area: Greater Washington CountyÐBath *Cameron Service Area: Mental Health Catchment CountyÐMenifee *De Soto Area #1 CountyÐMontgomery *East Carroll CountyÐMorgan *East Feliciana MENTAL HEALTH: Maine CountyÐRowan Facility: East Louisiana State Hospital Service Area Listing Green River Facility: Feliciana Forensic Facility CountyÐDaviess *Evangeline Service Area Name CountyÐHancock *Franklin Farmington/Rumford CountyÐHenderson *Jackson CountyÐOxford CountyÐMcLean *Jefferson Davis Parts: CountyÐOhio Lafourche Andover Town CountyÐUnion *Lincoln Bethel Town CountyÐWebster *Madison Buckfield Town Lake Cumberland Catchment Area *Morehouse Byron Town CountyÐAdair *Natchitoches Canton Town CountyÐCasey Orleans Dixfield Town CountyÐClinton Service Area: Desire Florida/Lower 9th Gilead Town CountyÐCumberland Ward Greenwood Town CountyÐGreen Ouachita Hanover Town CountyÐMcCreary *Red River Hartford Town CountyÐPulaski *Richland Hebron Town CountyÐRussell *Sabine Lincoln Plt CountyÐTaylor *St. Mary Magalloway Plt CountyÐWayne *Tensas Mexico Town Mountain *Union Milton Unorg CountyÐFloyd *Vermilion N Oxford Unorg CountyÐJohnson *West Carroll Newry Town CountyÐMagoffin Norway Town CountyÐMartin MENTAL HEALTH: Louisiana Otisfield Town CountyÐPike Service Area Listing Oxford Town North Central Paris Town CountyÐBreckinridge Service Area Name Peru Town CountyÐGrayson Desire Florida/Lower 9th Ward Roxbury Town CountyÐHardin ParishÐOrleans Rumford Town CountyÐLarue Parts: S Oxford Unorg CountyÐMarion C.T. 7.01 Sumner Town CountyÐMeade C.T. 9.01±9.04 Upton Town CountyÐNelson C.T. 11 (N. Of Derbigny) W Paris Twn CountyÐWashington C.T. 14.01±14.02 Waterford Town Northern Kentucky C.T. 15±16 Woodstock Town CountyÐCarroll C.T. 17.03 Greater Washington CountyÐGallatin C.T. 17.14 CountyÐWashington CountyÐGrant Parts: CountyÐOwen MENTAL HEALTH: Louisiana Addison Twn. Pennroyal Facility Listing Alexander Twn. CountyÐCaldwell Baileyville Twn. CountyÐChristian Facility Name Baring Plt. CountyÐCrittenden East Louisiana State Hospital Beals Twn. CountyÐHopkins ParishÐEast Feliciana Beddington Twn. CountyÐLivingston Feliciana Forensic Facility Calais City CountyÐLyon ParishÐEast Feliciana Centerville Twn. CountyÐMuhlenberg Charlotte Twn. CountyÐTodd MENTAL HEALTH: Maine Cherryfield Twn. CountyÐTrigg County Listing Codyville Plt. Upper Kentucky River Columbia Falls Twn. CountyÐBreathitt County Name Columbia Twn. CountyÐKnott Aroostook Cooper Twn. CountyÐLee Service Area: Mental Health Catchment Crawford Twn. CountyÐLeslie Area #1 Cutler Twn. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51637
MENTAL HEALTH: Maine MENTAL HEALTH: Maryland MENTAL HEALTH: Massachusetts Service Area Listing County Listing Service Area Listing
Service Area Name County Name Service Area Name Deblois Twn. *Dorchester Fairhaven Twn Dennysville Twn. Service Area: Eastern Shore New Bedford City E. Central Washington (Un *Garrett CountyÐPlymouth East Machias Twn. Service Area: Oakland Parts: Eastport City Kent Marion Twn Grand Lake Stream Plt. Service Area: Northeastern Shore Mattapoisett Twn Harrington Twn. Queen Anne's Rochester Twn Jonesboro Twn. Service Area: Northeastern Shore Wareham Twn Jonesport Twn. *Somerset Lubec Twn. Service Area: Southeastern Shore MENTAL HEALTH: Massachusetts Machias Twn. Talbot Population Group Listing Machiasport Twn. Service Area: Eastern Shore Marshfield Twn. *Worcester Population Group Meddybemps Twn. Service Area: Southeastern Shore Low IncÐWorcester Milbridge Twn. CountyÐWorcester North Washington (Unorg.) MENTAL HEALTH: Maryland Parts: Northfield Twn. Service Area Listing Worcester City Passamaquoddy Indian Twp. Passamaquoddy Pleasant Po Service Area Name MENTAL HEALTH: Michigan Pembroke Twn. Eastern Shore County Listing Perry Twn. CountyÐCaroline Plantation No. 14 CountyÐDorchester County Name Plantation No. 21 CountyÐTalbot Antrim Princeton Twn. Northeastern Shore Service Area: Mancelona/Kalkaska Robbinston Twn. CountyÐKent *Arenac Roque Bluffs Twn. CountyÐQueen Anne's Service Area: Bay/Arenac Steuben Twn. Oakland Baraga Talmadge Twn. CountyÐGarrett Service Area: Copper Country Topsfield Twn. Parts: Bay Vanceboro Twn. Dist. 1 (Swanton) Service Area: Bay/Arenac Waite Twn. Dist. 2 (Friendsville) Benzie Wesley Twn. Dist. 4 (Bloomington) Service Area: Manistee Whiting Twn. Dist. 5 (Accident) *Branch Whitneyville Twn. Dist. 6 (Sang Run) *Cass Mental Health Catchment Area #1 Dist. 7 (East Oakland) *Charlevoix CountyÐPenobscot Dist. 8 (Red House) *Cheboygan Parts: Dist. 10 (Deer Park) Chippewa Mt. Chase Twn Dist. 11 (The Elbow) Service Area: Eastern/Upper Peninsula Patten Twn Dist. 13 (Kitzmiller) Clare Stacyville Twn Dist. 14 (West Oakland) Service Area: Mt. Pleasant CountyÐWashington Dist. 16 (Mt. Lake Park) Crawford Parts: Southeastern Shore Service Area: North Central Danforth CountyÐSomerset *Delta Piscataquis/N. Penobscot CountyÐWorcester Dickinson CountyÐPenobscot Service Area: Iron Mountain Parts: MENTAL HEALTH: Massachusetts Gladwin Carroll Plt. County Listing Service Area: Midland/Gladwin Chester Twn. Gogebic Drew Plt. County Name Service Area: Gogebic E. Millinocket Twn. Bristol *Gratiot KingmanÐUnorg. Service Area: New Bedford Houghton Lakeville Plt. Plymouth Service Area: Copper Country Lee Twn. Service Area: New Bedford *Huron Lincoln Twn. Suffolk Iosco Mattawamkeag Twn. Service Area: E BostonÐHomeless Service Area: Au Sable Valley Medway Twn. Worcester Iron Millinocket Twn. Population Group: Low IncÐWorcester Service Area: Iron Mountain Prentiss Plt. Isabella Springfield Twn. MENTAL HEALTH: Massachusetts Service Area: Mt. Pleasant Webster Plt. Service Area Listing Kalkaska Winn Twn. Service Area: Mancelona/Kalkaska Woodville Twn. Service Area Name Keweenaw CountyÐPiscataquis E BostonÐHomeless Service Area: Copper Country CountyÐSuffolk *Lake MENTAL HEALTH: Maryland Parts: Service Area: Lake/Mason/Oceana County Listing C.T. 501±512 *Leelanau C.T. 1801±1805 *Lenawee County Name New Bedford Mackinac Caroline CountyÐBristol Service Area: Eastern/Upper Peninsula Service Area: Eastern Shore Parts: Manistee Cecil Acushnet Twn Service Area: Manistee Charles Dartmount Twn *Mason 51638 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
MENTAL HEALTH: Michigan MENTAL HEALTH: Michigan MENTAL HEALTH: Minnesota County Listing Service Area Listing County Listing
County Name Service Area Name County Name Service Area: Lake/Mason/Oceana CountyÐOceana *Wilkin Mecosta Mancelona/Kalkaska Service Area: Fergus Falls Service Area: Mt. Pleasant CountyÐAntrim *Menominee CountyÐKalkaska MENTAL HEALTH: Minnesota Midland Manistee Service Area Listing Service Area: Midland/Gladwin CountyÐBenzie Missaukee CountyÐManistee Service Area Name Service Area: North Central Midland/Gladwin Fergus Falls *Montcalm CountyÐGladwin CountyÐBecker *Newaygo CountyÐMidland CountyÐClay *Oceana Mt. Pleasant CountyÐDouglas Service Area: Lake/Mason/Oceana CountyÐClare CountyÐGrant Ogemaw CountyÐIsabella CountyÐOtter Tail Service Area: Au Sable Valley CountyÐMecosta CountyÐPope Ontonagon CountyÐOsceola CountyÐStevens Service Area: Copper Country North Central CountyÐTraverse Osceola CountyÐCrawford CountyÐWilkin Service Area: Mt. Pleasant CountyÐMissaukee Itasca/Koochiching Oscoda CountyÐRoscommon CountyÐItasca Service Area: Au Sable Valley CountyÐWexford CountyÐKoochiching *Otsego Northwest Detroit Ottawa CountyÐWayne MENTAL HEALTH: Minnesota Roscommon Parts: Facility Listing Service Area: North Central C.T. 5341±5355 *Sanilac C.T. 5366±5367 Facility Name *Schoolcraft C.T. 5371±5374 Brainerd Reg Human Serv Ctr *St. Joseph C.T. 5423±5426 CountyÐCrow Wing Wayne C.T. 5451±5454 Fergus Falls Reg Treat Ctr Service Area: East Detroit Southwest Detroit CountyÐOtter Tail Service Area: Northwest Detroit CountyÐWayne Service Area: Southwest Detroit Parts: MENTAL HEALTH: Mississippi Facility: Aurora Hosp. Osteo. C.T. 5209-5216 County Listing Facility: Michigan Osteo. Med. Ctr. C.T. 5220±5222 Wexford C.T. 5231±5244 County Name Service Area: North Central C.T. 5251±5266 Adams Service Area: Catchment Area #11 Alcorn MENTAL HEALTH: Michigan MENTAL HEALTH: Michigan # Service Area Listing Facility Listing Service Area: Catchment Area 4 Amite # Service Area Name Facility Name Service Area: Catchment Area 11 Au Sable Valley Aurora Hosp. Osteo. Attala # CountyÐIosco CountyÐWayne Service Area: Catchment Area 6 CountyÐOgemaw Michigan Osteo. Med. Ctr. Benton # CountyÐOscoda CountyÐWayne Service Area: Catchment Area 3 Bay/Arenac Bolivar # CountyÐArenac MENTAL HEALTH: Minnesota Service Area: Catchment Area 5 CountyÐBay County Listing Calhoun Copper Country Service Area: Catchment Area #2 CountyÐBaraga County Name Carroll CountyÐHoughton *Becker Service Area: Catchment Area #6 CountyÐKeweenaw Service Area: Fergus Falls Chickasaw CountyÐOntonagon Clay Service Area: Catchment Area #3 East Detroit Service Area: Fergus Falls Choctaw CountyÐWayne *Crow Wing Service Area: Catchment Area #7 Parts: Facility: Brainerd Reg Human Serv Ctr Claiborne C.T. 5004±5005 *Douglas Service Area: Catchment Area #11 C.T. 5013 Service Area: Fergus Falls Clarke C.T. 5020 *Grant Service Area: Catchment Area #10 C.T. 5039±5045 Service Area: Fergus Falls Clay C.T. 5121±5157 *Itasca Service Area: Catchment Area #7 C.T. 5161±5164 Service Area: Itasca/Koochiching Coahoma Eastern/Upper Peninsula *Koochiching Service Area: Catchment Area #1 CountyÐChippewa Service Area: Itasca/Koochiching *Copiah CountyÐMackinac *Otter Tail Covington Gogebic Service Area: Fergus Falls Service Area: Catchment Area #12 CountyÐGogebic Facility: Fergus Falls Reg Treat Ctr De Soto Iron Mountain *Pope Service Area: Catchment Area #2 CountyÐDickinson Service Area: Fergus Falls Forrest CountyÐIron *Stevens Service Area: Catchment Area #12 Lake/Mason/Oceana Service Area: Fergus Falls Franklin CountyÐLake *Traverse Service Area: Catchment Area #11 CountyÐMason Service Area: Fergus Falls George Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51639
MENTAL HEALTH: Mississippi MENTAL HEALTH: Mississippi MENTAL HEALTH: Mississippi County Listing County Listing Service Area Listing
County Name County Name Service Area Name Service Area: Catchment Area #14 Scott CountyÐCovington Greene Service Area: Catchment Area #10 CountyÐForrest Service Area: Catchment Area #12 Sharkey CountyÐGreene Grenada Service Area: Catchment Area #5 CountyÐJefferson Davis Service Area: Catchment Area #6 *Simpson CountyÐJones Holmes Smith CountyÐLamar Service Area: Catchment Area #6 Service Area: Catchment Area #10 CountyÐMarion Humphreys Sunflower CountyÐPerry Service Area: Catchment Area #6 Service Area: Catchment Area #6 CountyÐWayne Issaquena Facility: Mississippi State Pen. Catchment Area #14 Service Area: Catchment Area #5 Tallahatchie CountyÐGeorge Itawamba Service Area: Catchment Area #1 CountyÐJackson Service Area: Catchment Area #3 Tate Catchment Area #15 Jackson Service Area: Catchment Area #2 CountyÐWarren Service Area: Catchment Area #14 Tippah CountyÐYazoo Jasper Service Area: Catchment Area #4 Catchment Area #2 Service Area: Catchment Area #10 Tishomingo CountyÐCalhoun Jefferson Service Area: Catchment Area #4 CountyÐDe Soto Jefferson Davis Tunica CountyÐLafayette Service Area: Catchment Area #11 Service Area: Catchment Area #1 CountyÐMarshall Service Area: Catchment Area #12 Union CountyÐPanola Jones Service Area: Catchment Area #3 CountyÐTate Service Area: Catchment Area #12 Walthall CountyÐYalobusha Kemper Service Area: Catchment Area #11 Catchment Area #3 Service Area: Catchment Area #10 Warren CountyÐBenton Lafayette Service Area: Catchment Area #15 CountyÐChickasaw Service Area: Catchment Area #2 Washington CountyÐItawamba Lamar Service Area: Catchment Area #5 CountyÐLee Service Area: Catchment Area #12 Wayne CountyÐMonroe Lauderdale Service Area: Catchment Area #12 CountyÐPontotoc Service Area: Catchment Area #10 Webster CountyÐUnion Lawrence Service Area: Catchment Area #7 Catchment Area #4 Service Area: Catchment Area #11 Wilkinson CountyÐAlcorn Leake Service Area: Catchment Area #11 CountyÐPrentiss Service Area: Catchment Area #10 Winston CountyÐTippah Lee Service Area: Catchment Area #7 CountyÐTishomingo Service Area: Catchment Area #3 Yalobusha Catchment Area #5 Leflore Service Area: Catchment Area #2 CountyÐBolivar Service Area: Catchment Area #6 Yazoo CountyÐIssaquena Lincoln Service Area: Catchment Area #15 CountyÐSharkey Service Area: Catchment Area #11 CountyÐWashington Lowndes MENTAL HEALTH: Mississippi Catchment Area #6 Service Area: Catchment Area #7 Service Area Listing CountyÐAttala Madison CountyÐCarroll Marion Service Area Name CountyÐGrenada # Service Area: Catchment Area #12 Catchment Area 1 CountyÐHolmes Marshall CountyÐCoahoma CountyÐHumphreys Service Area: Catchment Area #2 CountyÐQuitman CountyÐLeflore Monroe CountyÐTallahatchie CountyÐMontgomery Service Area: Catchment Area #3 CountyÐTunica CountyÐSunflower # Montgomery Catchment Area 10 Catchment Area #7 Service Area: Catchment Area #6 CountyÐClarke CountyÐChoctaw Neshoba CountyÐJasper CountyÐClay Service Area: Catchment Area #10 CountyÐKemper CountyÐLowndes Newton CountyÐLauderdale CountyÐNoxubee Service Area: Catchment Area #10 CountyÐLeake CountyÐOktibbeha Noxubee CountyÐNeshoba CountyÐWebster # Service Area: Catchment Area 7 CountyÐNewton CountyÐWinston Oktibbeha CountyÐScott Service Area: Catchment Area #7 CountyÐSmith # MENTAL HEALTH: Mississippi Panola Catchment Area 11 Facility Listing Service Area: Catchment Area #2 CountyÐAdams Perry CountyÐAmite Facility Name Service Area: Catchment Area #12 CountyÐClaiborne Mississippi State Pen. Pike CountyÐFranklin CountyÐSunflower Service Area: Catchment Area #11 CountyÐJefferson Pontotoc CountyÐLawrence MENTAL HEALTH: Missouri Service Area: Catchment Area #3 CountyÐLincoln County Listing Prentiss CountyÐPike Service Area: Catchment Area #4 CountyÐWalthall County Name Quitman CountyÐWilkinson Andrew Service Area: Catchment Area #1 Catchment Area #12 Service Area: St Joseph 51640 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
MENTAL HEALTH: Missouri MENTAL HEALTH: Missouri MENTAL HEALTH: Montana County Listing Service Area Listing County Listing
County Name Service Area Name County Name Atchison CountyÐAudrain *Granite Service Area: St Joseph CountyÐCallaway *Hill Audrain CountyÐMonroe Service Area: North-Central Montana Service Area: Mexico CountyÐMontgomery *Lake Buchanan CountyÐPike *Liberty Service Area: St Joseph CountyÐRalls Service Area: North-Central Montana Butler Poplar Bluff *Lincoln Service Area: Poplar Bluff CountyÐButler *Madison Callaway CountyÐCarter McCone Service Area: Mexico CountyÐDunklin Service Area: Eastern Montana Carter CountyÐPemiscot *Meagher Service Area: Poplar Bluff CountyÐReynolds *Mineral Clinton CountyÐRipley *Musselshell Service Area: St Joseph CountyÐWayne Phillips De Kalb Sikeston Service Area: Eastern Montana Service Area: St Joseph CountyÐMississippi *Pondera Douglas CountyÐNew Madrid Service Area: North-Central Montana Service Area: West Plains CountyÐScott Powder River Dunklin CountyÐStoddard Service Area: Eastern Montana Service Area: Poplar Bluff St Joseph *Powell Gentry CountyÐAndrew Prairie Service Area: St Joseph CountyÐAtchison Service Area: Eastern Montana Holt CountyÐBuchanan *Ravalli Service Area: St Joseph CountyÐClinton Richland Howell CountyÐDe Kalb Service Area: Eastern Montana Service Area: West Plains CountyÐGentry Roosevelt Mississippi CountyÐHolt Service Area: Eastern Montana Service Area: Sikeston CountyÐNodaway Rosebud Monroe CountyÐWorth Service Area: Eastern Montana Service Area: Mexico West Plains *Sanders Montgomery CountyÐDouglas Sheridan Service Area: Mexico CountyÐHowell Service Area: Eastern Montana New Madrid CountyÐOregon *Silver Bow Service Area: Sikeston CountyÐOzark *Stillwater Nodaway CountyÐShannon *Sweet Grass Service Area: St Joseph CountyÐTexas *Teton Oregon CountyÐWright Service Area: North-Central Montana Service Area: West Plains *Toole Ozark MENTAL HEALTH: Missouri Service Area: North-Central Montana Service Area: West Plains Facility Listing Treasure Pemiscot Service Area: Eastern Montana Service Area: Poplar Bluff Facility Name Valley Pike Malcolm Bliss/St Louis State Hosp Service Area: Eastern Montana Service Area: Mexico CountyÐSt Louis Wibaux Ralls Service Area: Eastern Montana Service Area: Mexico MENTAL HEALTH: Montana Reynolds County Listing MENTAL HEALTH: Montana Service Area: Poplar Bluff Service Area Listing Ripley County Name Service Area: Poplar Bluff *Beaverhead Service Area Name Scott *Big Horn Eastern Montana Service Area: Sikeston *Blaine CountyÐCarter Shannon Service Area: North-Central Montana CountyÐCuster Service Area: West Plains *Carbon CountyÐDaniels St Louis Carter CountyÐDawson Facility: Malcolm Bliss/St Louis State Hosp Service Area: Eastern Montana CountyÐFallon Stoddard *Chouteau CountyÐGarfield Service Area: Sikeston Service Area: North-Central Montana CountyÐMcCone Texas Custer CountyÐPhillips Service Area: West Plains Service Area: Eastern Montana CountyÐPowder River Wayne Daniels CountyÐPrairie Service Area: Poplar Bluff Service Area: Eastern Montana CountyÐRichland Worth Dawson CountyÐRoosevelt Service Area: St Joseph Service Area: Eastern Montana CountyÐRosebud Wright *Deer Lodge CountyÐSheridan Service Area: West Plains Fallon CountyÐTreasure Service Area: Eastern Montana CountyÐValley MENTAL HEALTH: Missouri Garfield CountyÐWibaux Service Area Listing Service Area: Eastern Montana North-Central Montana *Glacier CountyÐBlaine Service Area Name Service Area: North-Central Montana CountyÐChouteau Mexico *Golden Valley CountyÐGlacier Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51641
MENTAL HEALTH: Montana MENTAL HEALTH: Nebraska MENTAL HEALTH: Nebraska Service Area Listing County Listing County Listing
Service Area Name County Name County Name CountyÐHill *Holt Service Area: Catchment Area 4 CountyÐLiberty Service Area: Catchment Area 4 *York CountyÐPondera *Hooker Service Area: Catchment Area 5 CountyÐTeton Service Area: Catchment Area 2 CountyÐToole *Jefferson MENTAL HEALTH: Nebraska Service Area: Catchment Area 5 Service Area Listing MENTAL HEALTH: Nebraska *Johnson County Listing Service Area: Catchment Area 5 Service Area Name *Keith Catchment Area 1 County Name Service Area: Catchment Area 2 CountyÐBanner *Antelope *Keya Paha CountyÐBox Butte Service Area: Catchment Area 4 Service Area: Catchment Area 4 CountyÐCheyenne *Arthur *Kimball CountyÐDawes Service Area: Catchment Area 2 Service Area: Catchment Area 1 CountyÐDeuel *Banner *Knox CountyÐGarden Service Area: Catchment Area 1 Service Area: Catchment Area 4 CountyÐKimball *Boone Lancaster CountyÐMorrill Service Area: Catchment Area 4 Service Area: Catchment Area 5 CountyÐScotts Bluff *Box Butte *Lincoln CountyÐSheridan Service Area: Catchment Area 1 Service Area: Catchment Area 2 CountyÐSioux *Boyd *Logan Catchment Area 2 Service Area: Catchment Area 4 Service Area: Catchment Area 2 CountyÐArthur *Brown Madison CountyÐChase Service Area: Catchment Area 4 Service Area: Catchment Area 4 CountyÐDawson *Burt Facility: Norfolk Regional Center CountyÐDundy Service Area: Catchment Area 4 *Mc Pherson CountyÐFrontier *Butler Service Area: Catchment Area 2 CountyÐGosper Service Area: Catchment Area 5 *Morrill CountyÐGrant *Cedar Service Area: Catchment Area 1 CountyÐHayes Service Area: Catchment Area 4 *Nance CountyÐHitchcock *Chase Service Area: Catchment Area 4 CountyÐHooker Service Area: Catchment Area 2 *Nemaha CountyÐKeith Cherry Service Area: Catchment Area 5 CountyÐLincoln Service Area: Catchment Area 4 *Otoe CountyÐLogan *Cheyenne Service Area: Catchment Area 5 CountyÐMcPherson Service Area: Catchment Area 1 *Pawnee CountyÐPerkins *Colfax Service Area: Catchment Area 5 CountyÐRed Willow Service Area: Catchment Area 4 *Perkins CountyÐThomas *Cuming Service Area: Catchment Area 2 Catchment Area 4 Service Area: Catchment Area 4 *Pierce CountyÐAntelope Dakota Service Area: Catchment Area 4 CountyÐBoone Service Area: Catchment Area 4 *Platte CountyÐBoyd *Dawes Service Area: Catchment Area 4 CountyÐBrown Service Area: Catchment Area 1 *Polk CountyÐBurt *Dawson Service Area: Catchment Area 5 CountyÐCedar Service Area: Catchment Area 2 *Red Willow CountyÐCherry *Deuel Service Area: Catchment Area 2 CountyÐColfax Service Area: Catchment Area 1 *Richardson CountyÐCuming *Dixon Service Area: Catchment Area 5 CountyÐDakota Service Area: Catchment Area 4 *Rock CountyÐDixon Douglas Service Area: Catchment Area 4 CountyÐHolt Population Group: MedicaidÐEastern *Saline CountyÐKeya Paha Omaha City Service Area: Catchment Area 5 CountyÐKnox Facility: Douglas County Hosp (Mhc) *Saunders CountyÐMadison *Dundy Service Area: Catchment Area 5 CountyÐNance Service Area: Catchment Area 2 *Scotts Bluff CountyÐPierce *Fillmore Service Area: Catchment Area 1 CountyÐPlatte Service Area: Catchment Area 5 *Seward CountyÐRock *Frontier Service Area: Catchment Area 5 CountyÐStanton Service Area: Catchment Area 2 Sheridan CountyÐThurston *Gage Service Area: Catchment Area 1 CountyÐWayne Service Area: Catchment Area 5 *Sioux Catchment Area 5 *Garden Service Area: Catchment Area 1 CountyÐButler Service Area: Catchment Area 1 *Stanton CountyÐFillmore *Gosper Service Area: Catchment Area 4 CountyÐGage Service Area: Catchment Area 2 *Thayer CountyÐJefferson *Grant Service Area: Catchment Area 5 CountyÐJohnson Service Area: Catchment Area 2 *Thomas CountyÐLancaster *Hayes Service Area: Catchment Area 2 CountyÐNemaha Service Area: Catchment Area 2 *Thurston CountyÐOtoe *Hitchcock Service Area: Catchment Area 4 CountyÐPawnee Service Area: Catchment Area 2 *Wayne CountyÐPolk 51642 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
MENTAL HEALTH: Nebraska MENTAL HEALTH: New Hampshire MENTAL HEALTH: New Mexico Service Area Listing Service Area Listing County Listing
Service Area Name Service Area Name County Name CountyÐRichardson Lincoln Town De Baca CountyÐSaline Lisbon Town Service Area: Catchment Area #4 CountyÐSaunders Littleton Town Dona Ana CountyÐSeward Lyman Town Facility: S. New Mexico Corr. Fac. CountyÐThayer Monroe Town Eddy CountyÐYork Piermont Town Service Area: Catchment Area #6 Sugar Hill Town Grant MENTAL HEALTH: Nebraska Warren Town Service Area: Hlth Planning District 5 Population Group Listing Waterville Valley Town Guadalupe Woodstock Town Service Area: Catchment Area #4 Population Group Harding MedicaidÐEastern Omaha City MENTAL HEALTH: New Hampshire Service Area: Catchment Area #4 CountyÐDouglas Population Group Listing Hidalgo Parts: Service Area: Hlth Planning District 5 C.T. 3 Population Group Lea C.T. 6±12 Low IncÐE Grafton Service Area: Catchment Area #6 C.T. 16 CountyÐGrafton Lincoln C.T. 18±19 Parts: Service Area: Catchment Area #6 C.T. 39±41 Alexandria Town Luna C.T. 51±54 Ashland Town Service Area: Hlth Planning District 5 C.T. 59.01±59.02 Bridgewater Town McKinley C.T. 60 Bristol Town Service Area: Catchment Area #1 C.T. 61.01±61.02 Campton Town Mora Ellsworth Town Service Area: Catchment Area #2 MENTAL HEALTH: Nebraska Groton Town Otero Facility Listing Hebron Town Service Area: Catchment Area #6 Holderness Town Quay Facility Name Plymouth Town Service Area: Catchment Area #4 Douglas County Hosp (Mhc) Rumney Town Rio Arriba CountyÐDouglas Thornton Town Service Area: Catchment Area #2 Norfolk Regional Center CountyÐMadison Wentworth Town Roosevelt Service Area: Catchment Area #4 MENTAL HEALTH: New Jersey *San Juan MENTAL HEALTH: Nevada # County Listing County Listing Service Area: Catchment Area 1 Sandoval County Name County Name Service Area: Northern Sandoval *Elko Atlantic Sierra Service Area: Catchment Area 15 Service Area: Catchment Area #7 Cape May Socorro MENTAL HEALTH: Nevada # Facility Listing Cumberland Service Area: Catchment Area 7 Essex Torrence Facility Name Service Area: East Orange City Service Area: Catchment Area #3 Nv State PrsnÐCarson City Salem Union Service Area: Catchment Area #4 MENTAL HEALTH: New Hampshire MENTAL HEALTH: New Jersey Valencia (g) County Listing Service Area Listing Facility: C. New Mexico Corr. Fac.
County Name Service Area Name MENTAL HEALTH: New Mexico Carroll Catchment Area 15 Service Area Listing Service Area: Mental Hlth Region I CountyÐAtlantic Coos East Orange City Service Area Name Service Area: Mental Hlth Region I CountyÐEssex Catchment Area #1 *Grafton Parts: CountyÐMcKinley Service Area: Mental Hlth Region I C.T. 99±118 CountyÐSan Juan Population Group: Low IncÐE Grafton Catchment Area #2 MENTAL HEALTH: New Mexico CountyÐColfax MENTAL HEALTH: New Hampshire County Listing CountyÐMora Service Area Listing CountyÐRio Arriba County Name Catchment Area 3 Service Area Name Bernalillo CountyÐCibola Mental Hlth Region I Service Area: North Valley CountyÐTorrence CountyÐCarroll Service Area: Southwest Valley Catchment Area #4 CountyÐCoos Catron CountyÐCurry CountyÐGrafton Service Area: Hlth Planning District 5 CountyÐDe Baca Parts: Chaves CountyÐGuadalupe Bath Town Service Area: Catchment Area #6 CountyÐHarding Benton Town Cibola CountyÐQuay Bethlehem Town Service Area: Catchment Area #3 CountyÐRoosevelt Easton Town Colfax CountyÐUnion Franconia Town Service Area: Catchment Area #2 Catchment Area #6 Haverhill Town Curry CountyÐChaves Landaff Town Service Area: Catchment Area #4 CountyÐEddy Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51643
MENTAL HEALTH: New Mexico MENTAL HEALTH: New York MENTAL HEALTH: New York Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name CountyÐLea Brockport C.T. 222 CountyÐMonroe CountyÐLincoln C.T. 223.97±223.98 Parts: CountyÐOtero C.T. 224±226 # C.T. 151±152 C.T. 227.01±227.02 Catchment Area 7 C.T. 153.01±153.02 CountyÐSierra C.T. 229 C.T. 154 C.T. 233 CountyÐSocorro Chinatown/Lower Manhattan Hlth Planning District 5 C.T. 237 CountyÐNew York C.T. 241 CountyÐCatron Parts: C.T. 245 CountyÐGrant C.T. 2.01±2.02 C.T. 247 CountyÐHidalgo C.T. 6 CountyÐLuna C.T. 8 MENTAL HEALTH: New York North Valley C.T. 10.01 Facility Listing CountyÐBernalillo C.T. 12 Parts: C.T. 14.01±14.02 Facility Name C.T. 29 C.T. 15.01 NYC Corr. Fac./Riker Island C.T. 30.01±30.02 C.T. 16 CountyÐBronx C.T. 31 C.T. 18 C.T. 32.01±32.02 C.T. 25 MENTAL HEALTH: North Carolina C.T. 35.01±35.02 C.T. 27 County Listing C.T. 29 C.T. 36 C.T. 30.01±30.02 County Name Northern Sandoval C.T. 31±32 Bertie CountyÐSandoval C.T. 34 Service Area: Roanoke-Chowan Parts: C.T. 36.01±36.02 Bladen Cuba CCD C.T. 38 Service Area: Southeast Regional Jemez CCD C.T. 41 Camden Santo Domingo CCD C.T. 43 Service Area: Albemarle Southwest Valley C.T. 45 Cherokee CountyÐBernalillo C.T. 55.02 Service Area: Smokey Mountain Parts: Jordan (Rochester) Chowan C.T. 23 CountyÐMonroe Service Area: Albemarle C.T. 24.01±24.02 Parts: Clay C.T. 43 C.T. 7 Service Area: Smokey Mountain C.T. 44.01±44.02 C.T. 13±15 Columbus C.T. 45.01±45.02 C.T. 39 Service Area: Southeast Regional C.T. 46.02±46.04 C.T. 43 Currituck C.T. 48±53 Service Area: Albemarle MENTAL HEALTH: New Mexico C.T. 55±56 Dare Facility Listing C.T. 80 Service Area: Albemarle C.T. 90±92 Duplin Facility Name C.T. 93.01 Service Area: Duplin-Sampson C. New Mexico Corr. Fac. 3 C.T. 94.02±94.04 Gates CountyÐValencia Northern Manhattan (Ryan) Service Area: Roanoke-Chowan Las Vegas Medical Center CountyÐNew York Graham S. New Mexico Corr. Fac. Parts: Service Area: Smokey Mountain Halifax CountyÐDona Ana C.T. 173 C.T. 175 Service Area: Halifax Mhca C.T. 177 Hertford MENTAL HEALTH: New York Service Area: Roanoke-Chowan County Listing C.T. 179 C.T. 181 Hyde County Name C.T. 183 Service Area: Tideland Bronx C.T. 185±187 Jackson Facility: NYC Corr. Fac./Riker Island C.T. 189±191 Service Area: Smokey Mountain Macon Cayuga C.T. 193 Service Area: Smokey Mountain *Chenango C.T. 195 Martin *Essex C.T. 197.01±197.02 C.T. 199±200 Service Area: Tideland *Franklin C.T. 201.01±201.02 Northampton *Jefferson C.T. 203 Service Area: Roanoke-Chowan *Lewis C.T. 205 Pasquotank Livingston C.T. 207.01±207.02 Service Area: Albemarle Monroe C.T. 208 Perquimans Service Area: Brockport C.T. 209.01±209.02 Service Area: Albemarle Service Area: Jordan (Rochester) C.T. 211 *Person New York C.T. 213.01±213.02 Robeson Service Area: Chinatown/Lower Manhattan C.T. 216 Service Area: Southeast Regional Service Area: Northern Manhattan (Ryan) C.T. 217.01±217.02 Sampson *Schuyler C.T. 218 Service Area: Duplin-Sampson *Seneca C.T. 219.97 Scotland *St. Lawrence C.T. 220 Service Area: Southeast Regional *Yates C.T. 221.01±221.02 *Stanly 51644 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
MENTAL HEALTH: North Carolina MENTAL HEALTH: North Dakota MENTAL HEALTH: Ohio County Listing County Listing Service Area Listing
County Name County Name Service Area Name # Surry *Nelson Catchment Area 8 Service Area: Surry-Yadkin Service Area: Grand Forks Catchment CountyÐBelmont Swain Area CountyÐHarrison Service Area: Smokey Mountain *Pembina CountyÐMonroe Tyrrell Service Area: Grand Forks Catchment Chillicothe Service Area: Tideland Area CountyÐFayette CountyÐHighland Washington Ramsey CountyÐPike Service Area: Tideland Service Area: Devils Lake Catchment Area CountyÐRoss Yadkin Rolette Eastern Clermont Service Area: Surry-Yadkin Service Area: Devils Lake Catchment Area Towner CountyÐClermont Service Area: Devils Lake Catchment Area Parts: MENTAL HEALTH: North Carolina Batavia Twp Service Area Listing *Walsh Service Area: Grand Forks Catchment Franklin Twp Service Area Name Area Jackson Twp Albemarle *Williams Monroe Twp CountyÐCamden Service Area: Northwest Stonelick Twp CountyÐChowan Tate Twp CountyÐCurrituck Washington Twp MENTAL HEALTH: North Dakota Wayne Twp CountyÐDare Service Area Listing Williamsburg Twp CountyÐPasquotank Knox/Licking CountyÐPerquimans Service Area Name CountyÐKnox Duplin-Sampson Devils Lake Catchment Area CountyÐLicking CountyÐDuplin CountyÐBenson Tiffin/Freemont CountyÐSampson CountyÐCavalier CountyÐSandusky Halifax Mhca CountyÐEddy CountyÐSeneca CountyÐHalifax CountyÐRamsey CountyÐWyandot Roanoke-Chowan CountyÐRolette CountyÐBertie CountyÐTowner CountyÐGates Grand Forks Catchment Area MENTAL HEALTH: Ohio Facility Listing CountyÐHertford CountyÐGrand Forks CountyÐNelson CountyÐNorthampton Facility Name Smokey Mountain CountyÐPembina CountyÐWalsh Athens Mh Ctr CountyÐCherokee Cambridge Mh Ctr CountyÐClay Northwest CountyÐDivide Mansfield Corr Inst CountyÐGraham CountyÐRichland CountyÐHaywood CountyÐMcKenzie CountyÐWilliams Massillon State Hosp CountyÐJackson CountyÐStark CountyÐMacon CountyÐSwain MENTAL HEALTH: Ohio County Listing MENTAL HEALTH: Oklahoma Southeast Regional County Listing CountyÐBladen County Name CountyÐColumbus Belmont County Name CountyÐRobeson Service Area: Catchment Area #8 *Washington CountyÐScotland Clermont Surry-Yadkin Service Area: Eastern Clermont MENTAL HEALTH: Oregon CountyÐSurry *Fayette County Listing CountyÐYadkin Service Area: Chillicothe Tideland Harrison County Name CountyÐBeaufort Service Area: Catchment Area #8 Baker CountyÐHyde *Highland Service Area: Northeastern Oregon CountyÐMartin Service Area: Chillicothe *Clatsop CountyÐTyrrell *Knox *Columbia CountyÐWashington Service Area: Knox/Licking Coos Licking Service Area: Catchment Area 14 MENTAL HEALTH: North Dakota Service Area: Knox/Licking Curry County Listing Monroe Service Area: Catchment Area 14 Service Area: Catchment Area #8 Gilliam County Name *Pike Service Area: East Columbia Benson Service Area: Chillicothe Grant Service Area: Devils Lake Catchment Area Richland Service Area: East Columbia Cavalier Facility: Mansfield Corr Inst Harney Service Area: Devils Lake Catchment Area *Ross Service Area: Southeastern Oregon *Divide Service Area: Chillicothe *Lincoln Service Area: Northwest *Sandusky Malheur Eddy Service Area: Tiffin/Freemont Service Area: Southeastern Oregon Service Area: Devils Lake Catchment Area *Seneca Morrow Grand Forks Service Area: Tiffin/Freemont Service Area: East Columbia Service Area: Grand Forks Catchment Stark *Tillamook Area Facility: Massillon State Hosp Umatilla *McKenzie *Wyandot Service Area: East Columbia Service Area: Northwest Service Area: Tiffin/Freemont Union Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51645
MENTAL HEALTH: Oregon MENTAL HEALTH: Pennsylvania MENTAL HEALTH: South Carolina County Listing Facility Listing County Listing
County Name Facility Name County Name Service Area: Northeastern Oregon Farview State Hosp Saluda Wallowa CountyÐWayne Service Area: Catchment Area 5 Warren State Hospital Service Area: Northeastern Oregon Spartanburg Wheeler Service Area: Catchment Area 3 Service Area: East Columbia MENTAL HEALTH: South Carolina Sumter County Listing Service Area: Catchment Area 9 Union MENTAL HEALTH: Oregon County Name Service Area: Catchment Area 3 Service Area Listing Abbeville Williamsburg Service Area: Catchment Area 5 Service Area: Catchment Area 13 Service Area Name Aiken York Catchment Area 14 Service Area: Catchment Area 10 Service Area: Catchment Area 4 CountyÐCoos Allendale CountyÐCurry Service Area: Catchment Area 11 East Columbia Bamberg MENTAL HEALTH: South Carolina Service Area Listing CountyÐGilliam Service Area: Catchment Area 14 CountyÐGrant Beaufort Service Area Name CountyÐMorrow Service Area: Catchment Area 11 Catchment Area 10 CountyÐUmatilla Berkeley CountyÐAiken CountyÐWheeler Service Area: Rural Berkeley Parts: Northeastern Oregon Calhoun Aiken CountyÐBaker Service Area: Catchment Area 14 Barnwell CountyÐUnion Cherokee Catchment Area 11 CountyÐWallowa Service Area: Catchment Area 3 CountyÐJasper Southeastern Oregon Chester Catchment Area 12 CountyÐHarney Service Area: Catchment Area 4 CountyÐMarlboro CountyÐMalheur Chesterfield Catchment Area 13 Service Area: Catchment Area 12 CountyÐWilliamsburg MENTAL HEALTH: Pennsylvania Clarendon Catchment Area 14 County Listing Service Area: Catchment Area 9 CountyÐOrangeburg Colleton Catchment Area 3 County Name Service Area: Catchment Area 11 CountyÐCherokee Armstrong Darlington CountyÐSpartanburg Population Group: Low IncÐArmstrong Co Service Area: Catchment Area 7 CountyÐUnion Beaver Dillon Catchment Area 4 Population Group: Low IncÐBeaver Co Service Area: Catchment Area 12 CountyÐChester Fayette Edgefield CountyÐLancaster Huntingdon Service Area: Catchment Area 5 CountyÐYork Service Area: Juniata/Mifflin Florence Catchment Area 5 *Indiana Service Area: Catchment Area 7 CountyÐAbbeville Juniata Georgetown CountyÐEdgefield Service Area: Juniata/Mifflin Service Area: Catchment Area 13 CountyÐGreenwood Mifflin Greenwood CountyÐLaurens Service Area: Juniata/Mifflin Service Area: Catchment Area 5 CountyÐMcCormick Monroe Hampton CountyÐNewberry *Pike Service Area: Catchment Area 11 CountyÐSaluda *Susquehanna Horry Catchment Area 7 *Wayne (g) Service Area: Catchment Area 13 CountyÐDarlington Facility: Farview State Hosp Jasper CountyÐFlorence Wyoming Service Area: Catchment Area 11 CountyÐMarion Kershaw Catchment Area 9 MENTAL HEALTH: Pennsylvania Service Area: Catchment Area 9 CountyÐClarendon Service Area Listing Lancaster CountyÐKershaw Service Area: Catchment Area 4 CountyÐLee Service Area Name Laurens CountyÐSumter Juniata/Mifflin Service Area: Catchment Area 5 Rural Berkeley CountyÐHuntingdon Lee CountyÐBerkeley CountyÐJuniata Service Area: Catchment Area 9 Parts: CountyÐMifflin Marion Bonneau CCD Service Area: Catchment Area 7 Cordesville CCD MENTAL HEALTH: Pennsylvania Marlboro Cross CCD Population Group Listing Service Area: Catchment Area 12 Moncks Corner CCD McCormick St. Stephens CCD Population Group Service Area: Catchment Area 5 Wando CCD Low IncÐArmstrong Co Newberry CountyÐArmstrong Service Area: Catchment Area 5 MENTAL HEALTH: South Carolina Parts: Orangeburg Facility Listing Low Income Service Area: Catchment Area 14 Low IncÐBeaver Co Richland Facility Name CountyÐBeaver Facility: Broad River Corr. Complex Broad River Corr. Complex Parts: Facility: G. Werber Bryan Psychiatric Hos- CountyÐRichland Low Income pital G. Werber Bryan Psychiatric Hospital 51646 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
MENTAL HEALTH: South Carolina MENTAL HEALTH: South Dakota MENTAL HEALTH: South Dakota Facility Listing County Listing Service Area Listing
Facility Name County Name Service Area Name CountyÐRichland Service Area: Catchment Area 2 CountyÐMoody Patrick B. Harris Psychiatric Hospital *Hutchinson Catchment Area 10 Service Area: Catchment Area 12 CountyÐGregory MENTAL HEALTH: South Dakota Hyde CountyÐMellette County Listing Service Area: Catchment Area 2 CountyÐTodd Jackson CountyÐTripp County Name Service Area: Catchment Area 11 Catchment Area 11 Aurora Jerauld CountyÐBennett Service Area: Catchment Area 4 Service Area: Catchment Area 3 CountyÐButte Beadle Jones CountyÐCuster Service Area: Catchment Area 3 Service Area: Catchment Area 2 CountyÐFall River Bennett Kingsbury CountyÐHarding Service Area: Catchment Area 11 Service Area: Catchment Area 5 CountyÐJackson *Bon Homme *Lake CountyÐLawrence Service Area: Catchment Area 12 Service Area: Catchment Area 3 CountyÐMeade Facility: Sd State Pen.ÐBon Homme Lawrence CountyÐPennington Brookings Service Area: Catchment Area 11 Service Area: Catchment Area 1 Lyman CountyÐShannon Brown Service Area: Catchment Area 2 Catchment Area 12 Service Area: Catchment Area 7 Marshall CountyÐBon Homme Brule Service Area: Catchment Area 7 CountyÐCharles Mix Service Area: Catchment Area 4 Mc Pherson CountyÐClay Buffalo Service Area: Catchment Area 7 CountyÐDouglas Service Area: Catchment Area 2 Meade CountyÐHutchinson Butte Service Area: Catchment Area 11 CountyÐUnion Service Area: Catchment Area 11 Mellette CountyÐYankton Campbell Service Area: Catchment Area 10 Catchment Area 2 Service Area: Catchment Area 7 Miner CountyÐBuffalo *Charles Mix Service Area: Catchment Area 3 CountyÐHaakon Service Area: Catchment Area 12 Minnehaha CountyÐHughes Clark Facility: Sd State Pen.ÐMinnehaha CountyÐHyde Service Area: Catchment Area 5 Moody CountyÐJones *Clay Service Area: Catchment Area 1 CountyÐLyman Service Area: Catchment Area 12 Pennington CountyÐStanley Codington Service Area: Catchment Area 11 CountyÐSully Service Area: Catchment Area 5 Perkins Catchment Area 3 Corson Service Area: Catchment Area 8 CountyÐBeadle Service Area: Catchment Area 8 Potter CountyÐHand Custer Service Area: Catchment Area 7 CountyÐJerauld Service Area: Catchment Area 11 Roberts CountyÐLake Facility: Custer State Hospital Service Area: Catchment Area 5 CountyÐMiner Davison Sanborn Catchment Area 4 Service Area: Catchment Area 4 Service Area: Catchment Area 4 CountyÐAurora Day Shannon CountyÐBrule Service Area: Catchment Area 7 Service Area: Catchment Area 11 CountyÐDavison Deuel Spink CountyÐHanson Service Area: Catchment Area 5 Service Area: Catchment Area 7 Dewey Facility: Redfield State Hospital CountyÐSanborn Service Area: Catchment Area 8 Stanley Catchment Area 5 *Douglas Service Area: Catchment Area 2 CountyÐClark Service Area: Catchment Area 12 Sully CountyÐCodington Edmunds Service Area: Catchment Area 2 CountyÐDeuel Service Area: Catchment Area 7 Todd CountyÐGrant Fall River Service Area: Catchment Area 10 CountyÐHamlin Service Area: Catchment Area 11 Tripp CountyÐKingsbury Faulk Service Area: Catchment Area 10 CountyÐRoberts Service Area: Catchment Area 7 *Union Catchment Area 7 Grant Service Area: Catchment Area 12 CountyÐBrown Service Area: Catchment Area 5 Walworth CountyÐCampbell Gregory Service Area: Catchment Area 7 CountyÐDay Service Area: Catchment Area 10 *Yankton CountyÐEdmunds Haakon Service Area: Catchment Area 12 CountyÐFaulk Service Area: Catchment Area 2 Facility: South Dakota Human Srv Ctr CountyÐMc Pherson Hamlin Ziebach CountyÐMarshall Service Area: Catchment Area 5 Service Area: Catchment Area 8 CountyÐPotter Hand CountyÐSpink Service Area: Catchment Area 3 MENTAL HEALTH: South Dakota CountyÐWalworth Hanson Service Area Listing Catchment Area 8 Service Area: Catchment Area 4 CountyÐCorson Harding Service Area Name CountyÐDewey Service Area: Catchment Area 11 Catchment Area 1 CountyÐPerkins Hughes CountyÐBrookings CountyÐZiebach Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51647
MENTAL HEALTH: South Dakota MENTAL HEALTH: Tennessee MENTAL HEALTH: Tennessee Facility Listing County Listing County Listing
Facility Name County Name County Name Custer State Hospital Service Area: Catchment Area 24 Service Area: Catchment Area 5 CountyÐCuster Hawkins Van Buren Redfield State Hospital Service Area: Catchment Area 4 Service Area: Catchment Area 9 CountyÐSpink Haywood Warren Sd State Pen.ÐBon Homme Service Area: Catchment Area 23 Service Area: Catchment Area 9 CountyÐBon Homme Henderson Wayne Sd State Pen.ÐMinnehaha Service Area: Catchment Area 23 Service Area: Catchment Area 20 CountyÐMinnehaha Henry Weakley South Dakota Human Srv Ctr Service Area: Catchment Area 21 Service Area: Catchment Area 22 CountyÐYankton Hickman White Service Area: Catchment Area 20 Service Area: Catchment Area 9 MENTAL HEALTH: Tennessee Houston Wilson County Listing Service Area: Catchment Area 14 Service Area: Catchment Area 31 Humphreys County Name Service Area: Catchment Area 14 Bedford MENTAL HEALTH: Tennessee Jackson Service Area Listing Service Area: Catchment Area 19 Service Area: Catchment Area 9 Benton Jefferson Service Area Name Service Area: Catchment Area 21 Service Area: Catchment Area 5 Catchment Area 12 (Part) Bledsoe Lake CountyÐBledsoe Service Area: Catchment Area 12 (Part) Service Area: Catchment Area 22 CountyÐGrundy Cannon Lauderdale CountyÐMarion Service Area: Catchment Area 9 Service Area: Catchment Area 25 CountyÐRhea Carroll Lawrence CountyÐSequatchie Service Area: Catchment Area 21 Service Area: Catchment Area 20 Catchment Area 14 Cheatham Lewis CountyÐCheatham Service Area: Catchment Area 14 Service Area: Catchment Area 20 CountyÐDickson Chester Lincoln CountyÐHouston Service Area: Catchment Area 24 Service Area: Catchment Area 19 CountyÐHumphreys Claiborne Macon CountyÐMontgomery Service Area: Catchment Area 5 Service Area: Catchment Area 9 CountyÐRobertson Clay Madison CountyÐStewart Service Area: Catchment Area 9 Service Area: Catchment Area 23 Catchment Area 19 Cocke Marion CountyÐBedford Service Area: Catchment Area 5 Service Area: Catchment Area 12 (Part) CountyÐCoffee Coffee Marshall CountyÐFranklin Service Area: Catchment Area 19 Service Area: Catchment Area 20 CountyÐLincoln Crockett Maury CountyÐMoore Service Area: Catchment Area 22 Service Area: Catchment Area 20 Catchment Area 20 Cumberland Mc Nairy CountyÐGiles Service Area: Catchment Area 9 Service Area: Catchment Area 24 CountyÐHickman De Kalb Montgomery CountyÐLawrence Service Area: Catchment Area 9 Service Area: Catchment Area 14 CountyÐLewis Decatur Moore CountyÐMarshall Service Area: Catchment Area 24 Service Area: Catchment Area 19 CountyÐMaury Dickson Obion CountyÐPerry Service Area: Catchment Area 14 Service Area: Catchment Area 22 CountyÐWayne Dyer Overton Catchment Area 21 Service Area: Catchment Area 22 Service Area: Catchment Area 9 CountyÐBenton Fayette Perry CountyÐCarroll Service Area: Catchment Area 25 Service Area: Catchment Area 20 CountyÐGibson Fentress Pickett CountyÐHenry Service Area: Catchment Area 9 Service Area: Catchment Area 9 Catchment Area 22 Franklin Putnam CountyÐCrockett Service Area: Catchment Area 19 Service Area: Catchment Area 9 CountyÐDyer Gibson Rhea CountyÐLake Service Area: Catchment Area 21 Service Area: Catchment Area 12 (Part) CountyÐObion Giles Robertson CountyÐWeakley Service Area: Catchment Area 20 Service Area: Catchment Area 14 Catchment Area 23 Grainger Sequatchie CountyÐHaywood Service Area: Catchment Area 5 Service Area: Catchment Area 12 (Part) CountyÐHenderson Greene Smith CountyÐMadison Service Area: Catchment Area 4 Service Area: Catchment Area 9 Catchment Area 24 Grundy Stewart CountyÐChester Service Area: Catchment Area 12 (Part) Service Area: Catchment Area 14 CountyÐDecatur Hamblen Sumner CountyÐHardeman Service Area: Catchment Area 5 Service Area: Catchment Area 31 CountyÐHardin Hancock Tipton CountyÐMcNairy Service Area: Catchment Area 4 Service Area: Catchment Area 25 Catchment Area 25 Hardeman Trousdale CountyÐFayette Service Area: Catchment Area 24 Service Area: Catchment Area 31 CountyÐLauderdale Hardin Union CountyÐTipton 51648 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
MENTAL HEALTH: Tennessee MENTAL HEALTH: Texas MENTAL HEALTH: Texas Service Area Listing County Listing County Listing
Service Area Name County Name County Name Catchment Area 31 Service Area: LSA 60 *Fisher CountyÐSumner Brown Service Area: LSA 37a CountyÐTrousdale Service Area: LSA 8 Central Floyd CountyÐWilson *Burnet Service Area: LSA 7 Plainview Catchment Area 4 Service Area: LSA 36b *Foard CountyÐGreene Caldwell Service Area: LSA 55 CountyÐHancock Service Area: LSA 36a Fort Bend CountyÐHawkins Cameron Service Area: LSA 35 Catchment Area 5 Service Area: LSA 30 Lower Rio Grande *Franklin CountyÐClaiborne *Camp Service Area: LSA 49a CountyÐCocke Service Area: LSA 50 *Freestone CountyÐGrainger *Cass Service Area: LSA 63 CountyÐHamblen Service Area: LSA 21 *Frio CountyÐJefferson Castro Service Area: LSA 45 CountyÐUnion Service Area: LSA 7 Plainview *Gaines Catchment Area 9 *Cherokee Service Area: LSA 38a CountyÐCannon Service Area: LSA 41 *Garza CountyÐClay Facility: Rusk State Hosp. Service Area: LSA 38b CountyÐCumberland *Childress Gillespie CountyÐDe Kalb Service Area: LSA 53 Service Area: LSA 40 CountyÐFentress *Clay *Glasscock CountyÐJackson Service Area: LSA 57 Service Area: LSA 37a CountyÐMacon *Coke *Gonzales CountyÐOverton Service Area: LSA 9 Service Area: LSA 48 CountyÐPickett Coleman Grayson CountyÐPutnam Service Area: LSA 8 Central Service Area: LSA 28 CountyÐSmith *Collingsworth Gregg CountyÐVan Buren Facility: Vernon State Hosp. Service Area: LSA 25 CountyÐWarren *Colorado Guadalupe CountyÐWhite Service Area: LSA 35 Service Area: LSA 44 Comal Hale MENTAL HEALTH: Texas Service Area: LSA 44 Service Area: LSA 7 Plainview County Listing Comanche *Hardeman Service Area: LSA 8 Central Service Area: LSA 55 County Name *Concho Harrison *Anderson Service Area: LSA 9 Service Area: LSA 25 Service Area: LSA 41 *Cooke *Haskell *Andrews Service Area: LSA 28 Service Area: LSA 52 Service Area: LSA 38a *Cottle Hays *Angelina Service Area: LSA 55 Service Area: LSA 32 Service Area: LSA 11 *Crane *Henderson *Aransas Service Area: LSA 54c Service Area: LSA 12 Service Area: LSA 45 *Crockett Hidalgo Archer Service Area: LSA 9 Service Area: LSA 30 Lower Rio Grande Service Area: LSA 52 Culberson *Hood *Atascosa Service Area: LSA 58 Service Area: LSA 23 Service Area: LSA 47 Dallas *Hopkins *Austin Population Group: Pov. Pop.ÐLancaster/ Service Area: LSA 49a Service Area: LSA 33 Kiest *Houston Bailey *Dawson Service Area: LSA 11 Service Area: LSA 7 Plainview Service Area: LSA 38a *Howard *Bandera *Delta Service Area: LSA 37a Service Area: LSA 40 Service Area: LSA 49a Facility: Big Spring State Hspt Bastrop *Dickens Hudspeth Service Area: LSA 36a Service Area: LSA 55 Service Area: LSA 58 *Baylor *Dimmit *Hunt Service Area: LSA 55 Service Area: LSA 45 Service Area: LSA 62 *Bee *Duval *Irion Service Area: LSA 45 Service Area: LSA 60 Service Area: LSA 9 Bexar Eastland *Jack Facility: San Antonio State Hosp. Service Area: LSA 8 Central Service Area: LSA 57 *Blanco *Edwards *Jasper Service Area: LSA 32 Service Area: LSA 40 Service Area: LSA 11 *Borden El Paso Jeff Davis Service Area: LSA 37a Erath Service Area: LSA 58 Bowie Service Area: LSA 23 Jim Hogg Service Area: LSA 21 *Falls Service Area: LSA 59 Brewster Service Area: LSA 63 *Jim Wells Service Area: LSA 58 *Fannin Service Area: LSA 60 Briscoe Service Area: LSA 28 Johnson Service Area: LSA 7 Plainview *Fayette Service Area: LSA 34 *Brooks Service Area: LSA 36a *Karnes Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51649
MENTAL HEALTH: Texas MENTAL HEALTH: Texas MENTAL HEALTH: Texas County Listing County Listing County Listing
County Name County Name County Name Service Area: LSA 45 Service Area: LSA 11 Service Area: LSA 38a Kaufman *Navarro *Throckmorton Service Area: LSA 49b Service Area: LSA 19 Service Area: LSA 52 Facility: Terrell State Hospital *Newton *Titus *Kendall Service Area: LSA 11 Service Area: LSA 49a Service Area: LSA 40 *Nolan Tom Green *Kenedy Service Area: LSA 37a Service Area: LSA 9 Service Area: LSA 60 Palo Pinto *Trinity *Kent Service Area: LSA 23 Service Area: LSA 11 Service Area: LSA 38b *Panola *Tyler *Kerr Service Area: LSA 25 Service Area: LSA 11 Service Area: LSA 40 Parker Upshur Facility: Kerrville State Hosp. Service Area: LSA 23 Service Area: LSA 25 *Kimble Parmer *Upton Service Area: LSA 40 Service Area: LSA 7 Plainview Service Area: LSA 54c *King *Pecos *Uvalde Service Area: LSA 55 Service Area: LSA 24a Service Area: LSA 42 *Kinney *Polk *Val Verde Service Area: LSA 42 Service Area: LSA 11 Service Area: LSA 43 *Kleberg Presidio *Van Zandt Service Area: LSA 60 Service Area: LSA 58 Service Area: LSA 12 *Knox *Rains *Walker Service Area: LSA 55 Service Area: LSA 12 Service Area: LSA 29 *Lamar *Reagan Waller Service Area: LSA 49a Service Area: LSA 9 Service Area: LSA 33 Lamb *Real *Ward Service Area: LSA 7 Plainview Service Area: LSA 40 Service Area: LSA 54a *Lasalle *Red River Webb Service Area: LSA 45 Service Area: LSA 21 Service Area: LSA 59 *Lee *Reeves *Wharton Service Area: LSA 36a Service Area: LSA 54a Service Area: LSA 35 Liberty *Runnels *Wilbarger Service Area: LSA 29 Service Area: LSA 37b Service Area: LSA 55 *Limestone *Rusk Willacy Service Area: LSA 63 Service Area: LSA 25 Service Area: LSA 30 Lower Rio Grande *Live Oak *Sabine Wilson Service Area: LSA 45 Service Area: LSA 11 Service Area: LSA 47 *Llano *San Augustine *Winkler Service Area: LSA 40 Service Area: LSA 11 Service Area: LSA 54a *Loving *San Jacinto *Wise Service Area: LSA 54a Service Area: LSA 11 Service Area: LSA 57 *Marion San Patricio *Wood Service Area: LSA 25 Service Area: LSA 45 Service Area: LSA 12 *Martin San Saba *Yoakum Service Area: LSA 38a Service Area: LSA 8 Central Service Area: LSA 38a *Mason *Schleicher *Young Service Area: LSA 40 Service Area: LSA 39 Service Area: LSA 52 *Matagorda *Scurry Zapata Service Area: LSA 35 Service Area: LSA 37a Service Area: LSA 59 *Maverick *Shackelford *Zavala Service Area: LSA 45 Service Area: LSA 56 Service Area: LSA 45 McCulloch *Shelby Service Area: LSA 8 Central Service Area: LSA 11 MENTAL HEALTH: Texas *McMullen Smith Service Area Listing Service Area: LSA 45 Service Area: LSA 12 *Medina Somervell Service Area Name Service Area: LSA 42 Service Area: LSA 23 LSA 11 *Menard Starr CountyÐAngelina Service Area: LSA 40 Service Area: LSA 59 CountyÐHouston Mills *Stephens CountyÐJasper Service Area: LSA 8 Central Service Area: LSA 56 CountyÐNacogdoches *Mitchell *Sterling CountyÐNewton Service Area: LSA 37a Service Area: LSA 9 CountyÐPolk *Montague *Stonewall CountyÐSabine Service Area: LSA 57 Service Area: LSA 52 CountyÐSan Augustine Montgomery *Sutton CountyÐSan Jacinto Service Area: LSA 29 Service Area: LSA 39 CountyÐShelby *Morris Swisher CountyÐTrinity Service Area: LSA 49a Service Area: LSA 7 Plainview CountyÐTyler Motley *Terrell LSA 12 Service Area: LSA 7 Plainview Service Area: LSA 54b CountyÐHenderson *Nacogdoches *Terry CountyÐRains 51650 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
MENTAL HEALTH: Texas MENTAL HEALTH: Texas MENTAL HEALTH: Texas Service Area Listing Service Area Listing Service Area Listing
Service Area Name Service Area Name Service Area Name CountyÐSmith CountyÐYoakum CountyÐTerrell CountyÐVan Zandt LSA 38b LSA 54c CountyÐWood CountyÐGarza CountyÐCrane LSA 19 CountyÐKent CountyÐUpton CountyÐNavarro LSA 39 LSA 55 LSA 21 CountyÐSchleicher CountyÐBaylor CountyÐBowie CountyÐSutton CountyÐCottle CountyÐCass LSA 40 CountyÐDickens CountyÐRed River CountyÐBandera CountyÐFoard LSA 23 CountyÐEdwards CountyÐHardeman CountyÐErath CountyÐGillespie CountyÐKing CountyÐHood CountyÐKendall CountyÐKnox CountyÐPalo Pinto CountyÐKerr CountyÐWilbarger CountyÐParker CountyÐKimble LSA 56 CountyÐSomervell CountyÐLlano CountyÐShackelford LSA 24a CountyÐMason CountyÐStephens CountyÐPecos CountyÐMenard LSA 25 CountyÐReal LSA 57 CountyÐGregg LSA 41 CountyÐClay CountyÐHarrison CountyÐAnderson CountyÐJack CountyÐMarion CountyÐCherokee CountyÐMontague CountyÐPanola LSA 42 CountyÐWise CountyÐRusk CountyÐKinney LSA 58 CountyÐUpshur CountyÐMedina CountyÐBrewster LSA 28 CountyÐUvalde CountyÐCulberson CountyÐCooke LSA 43 CountyÐHudspeth CountyÐFannin CountyÐVal Verde CountyÐJeff Davis CountyÐGrayson LSA 44 CountyÐPresidio LSA 29 CountyÐComal LSA 59 CountyÐLiberty CountyÐGuadalupe CountyÐJim Hogg CountyÐMontgomery LSA 45 CountyÐStarr CountyÐWalker CountyÐAransas CountyÐWebb LSA 30 Lower Rio Grande CountyÐBee CountyÐZapata CountyÐCameron CountyÐDimmit LSA 60 CountyÐHidalgo CountyÐFrio CountyÐBrooks CountyÐWillacy CountyÐKarnes CountyÐDuval LSA 32 CountyÐLasalle CountyÐJim Wells CountyÐBlanco CountyÐLive Oak CountyÐKenedy CountyÐHays CountyÐMcMullen CountyÐKleberg LSA 33 CountyÐMaverick LSA 62 CountyÐAustin CountyÐSan Patricio CountyÐHunt CountyÐWaller CountyÐZavala LSA 63 LSA 34 LSA 47 CountyÐFalls CountyÐJohnson CountyÐAtascosa CountyÐFreestone LSA 35 CountyÐWilson CountyÐLimestone CountyÐColorado LSA 48 LSA 7 Plainview CountyÐFort Bend CountyÐGonzales CountyÐMatagorda LSA 49a CountyÐBailey CountyÐWharton CountyÐDelta CountyÐBriscoe LSA 36a CountyÐFranklin CountyÐCastro CountyÐBastrop CountyÐHopkins CountyÐFloyd CountyÐCaldwell CountyÐLamar CountyÐHale CountyÐFayette CountyÐMorris CountyÐLamb CountyÐLee CountyÐTitus CountyÐMotley LSA 36b LSA 49b CountyÐParmer CountyÐBurnet CountyÐKaufman CountyÐSwisher LSA 37a LSA 50 LSA 8 Central CountyÐBorden CountyÐCamp CountyÐBrown CountyÐFisher LSA 52 CountyÐColeman CountyÐGlasscock CountyÐArcher CountyÐComanche CountyÐHoward CountyÐHaskell CountyÐEastland CountyÐMitchell CountyÐStonewall CountyÐMcCulloch CountyÐNolan CountyÐThrockmorton CountyÐMills CountyÐScurry CountyÐYoung CountyÐSan Saba LSA 37b LSA 53 LSA 9 CountyÐRunnels CountyÐChildress CountyÐCoke LSA 38a LSA 54a CountyÐConcho CountyÐAndrews CountyÐLoving CountyÐCrockett CountyÐDawson CountyÐReeves CountyÐIrion CountyÐGaines CountyÐWard CountyÐReagan CountyÐMartin CountyÐWinkler CountyÐSterling CountyÐTerry LSA 54b CountyÐTom Green Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51651
MENTAL HEALTH: Texas MENTAL HEALTH: Utah MENTAL HEALTH: Virginia Population Group Listing Service Area Listing County Listing
Population Group Service Area Name County Name Pov. Pop.ÐLancaster/Kiest Five County Mhca (Sw District) King And Queen CountyÐDallas CountyÐBeaver Service Area: Middle Peninsula/Northern Parts: CountyÐGarfield Neck C.T. 20 CountyÐIron King William C.T. 29±30 CountyÐKane Service Area: Middle Peninsula/Northern CountyÐWashington C.T. 32.02 Neck Uintah Basin C.T. 33±38 Lancaster C.T. 39.01±39.02 Service Area: Middle Peninsula/Northern C.T. 40±41 MENTAL HEALTH: Vermont Neck County Listing C.T. 48±49 Lunenburg C.T. 54±57 County Name Service Area: Planning Dist XIV C.T. 59.01±59.02 Martinsville City C.T. 86.01±86.02 Caledonia Service Area: Northeast Kingdom Service Area: Planning Dist XII C.T. 87.01 Mathews C.T. 87.03±87.05 Essex Service Area: Northeast Kingdom Service Area: Middle Peninsula/Northern C.T. 88.01±88.02 Neck C.T. 89 Franklin Service Area: Franklin/Grand Isle Middlesex C.T. 91.02 Grand Isle Service Area: Middle Peninsula/Northern C.T. 92.01±92.02 Service Area: Franklin/Grand Isle Neck C.T. 93.01 Orleans Northampton C.T. 93.03±93.04 Service Area: Northeast Kingdom Service Area: Eastern Shore Of Virginia C.T. 112±113 Northumberland C.T. 114.01±114.02 MENTAL HEALTH: Vermont Service Area: Middle Peninsula/Northern C.T. 115 Service Area Listing Neck C.T. 116.01±116.02 Nottoway C.T. 165.05±165.06 Service Area Name Service Area: Planning Dist XIV C.T. 166.01±166.04 Franklin/Grand Isle Patrick C.T. 167.01±167.02 CountyÐFranklin Service Area: Planning Dist XII C.T. 168 CountyÐGrand Isle Pittsylvania/Danville C.T. 169.01±169.04 Northeast Kingdom Service Area: Planning Dist XII C.T. 170±171 CountyÐCaledonia Prince Edward CountyÐEssex Service Area: Planning Dist XIV MENTAL HEALTH: Texas CountyÐOrleans Richmond Facility Listing Service Area: Middle Peninsula/Northern MENTAL HEALTH: Virginia Neck Facility Name County Listing Russell Big Spring State Hspt 2 Service Area: Planning Dist II CountyÐHoward County Name Smyth Kerrville State Hosp. Accomack Service Area: Planning Dist III CountyÐKerr Service Area: Eastern Shore Of Virginia Facility: Southwestern Mh Inst Rusk State Hosp. Amelia Tazewell CountyÐCherokee Service Area: Planning Dist XIV Service Area: Planning Dist II San Antonio State Hosp. Bland Westmoreland CountyÐBexar Service Area: Planning Dist III Service Area: Middle Peninsula/Northern Terrell State Hospital Buchanan Neck CountyÐKaufman Service Area: Planning Dist II Wythe Vernon State Hosp. Buckingham Service Area: Planning Dist III CountyÐCollingsworth Service Area: Planning Dist XIV Carroll MENTAL HEALTH: Virginia MENTAL HEALTH: Utah Service Area: Planning Dist III Service Area Listing County Listing Charlotte Service Area: Planning Dist XIV Service Area Name County Name Cumberland Eastern Shore Of Virginia *Beaver Service Area: Planning Dist XIV CountyÐAccomack Service Area: Five County Mhca (Sw Dis- Danville City CountyÐNorthampton trict) Service Area: Planning Dist XII Middle Peninsula/Northern Neck *Daggett Dickenson CountyÐEssex *Duchesne Service Area: Planning Dist II CountyÐGloucester *Garfield Essex CountyÐKing And Queen Service Area: Five County Mhca (Sw Dis- Service Area: Middle Peninsula/Northern CountyÐKing William trict) Neck CountyÐLancaster *Iron Franklin CountyÐMathews Service Area: Five County Mhca (Sw Dis- Service Area: Planning Dist XII CountyÐMiddlesex trict) Galax City CountyÐNorthumberland *Kane Service Area: Planning Dist III CountyÐRichmond Service Area: Five County Mhca (Sw Dis- Gloucester CountyÐWestmoreland trict) Service Area: Middle Peninsula/Northern Planning Dist II *Tooele Neck CountyÐBuchanan *Uintah Grayson CountyÐDickenson *Washington Service Area: Planning Dist III CountyÐRussell Service Area: Five County Mhca (Sw Dis- Henry/Martinsville CountyÐTazewell trict) Service Area: Planning Dist XII Planning Dist III 51652 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
MENTAL HEALTH: Virginia MENTAL HEALTH: Washington MENTAL HEALTH: Washington Service Area Listing County Listing Facility Listing
Service Area Name County Name Facility Name CountyÐBland *Lewis CountyÐClallam CountyÐCarroll Population Group: Low IncÐLewis Cty McNeil Island Corr Ctr CountyÐGrayson *Lincoln CountyÐPierce CountyÐSmyth *Mason Wa State Pen CountyÐWythe Population Group: Low IncÐMason Cty CountyÐWalla Walla CountyÐGalax City Facility: Wash/Corr/Reception Ctr Wash/Corr/Reception Ctr Planning Dist XII *Okanogan CountyÐMason CountyÐFranklin *Pacific CountyÐHenry/Martinsville *Pend Oreille MENTAL HEALTH: West Virginia CountyÐPatrick Pierce County Listing CountyÐPittsylvania/Danville Facility: McNeil Island Corr Ctr CountyÐDanville City *Skamania County Name CountyÐMartinsville City Spokane *Boone Planning Dist XIV Population Group: Am InÐSpokane Braxton CountyÐAmelia *Stevens Service Area: Central (VI±2) CountyÐBuckingham *Wahkiakum Cabell CountyÐCharlotte *Walla Walla Facility: Huntington State Hosp CountyÐCumberland Service Area: Tri-Cities *Clay CountyÐLunenburg Facility: Wa State Pen Doddridge CountyÐNottoway *Whitman Service Area: Central (VI±2) CountyÐPrince Edward Yakima Gilmer Population Group: MSFWÐYakima Cty Service Area: Central (VI±2) MENTAL HEALTH: Virginia Grant Population Group Listing MENTAL HEALTH: Washington Service Area: Petersburg (VIII) Service Area Listing Greenbrier Population Group Service Area: Seneca (IV) Pov. Pop.ÐHuntersville Service Area Name Hampshire Parts: Asotin/Garfield Service Area: Petersburg (VIII) C.T. 21 CountyÐAsotin Hardy C.T. 25±34 CountyÐGarfield Service Area: Petersburg (VIII) C.T. 35.01±35.02 Chelan/Douglas Harrison C.T. 36±37 CountyÐChelan Service Area: Central (VI±2) C.T. 40.01±40.02 CountyÐDouglas Lewis C.T. 41±44 Tri-Cities Service Area: Central (VI±2) C.T. 46±48 CountyÐBenton Facility: Weston State Hosp CountyÐFranklin Logan CountyÐWalla Walla Service Area: Logan/Mingo (II±1) MENTAL HEALTH: Virginia Parts: Facility Listing Marshall Burbank CCD Service Area: Northwood Facility Name Mc Dowell Southwestern Mh Inst MENTAL HEALTH: Washington Service Area: Mercer/Mcdowell/Wyoming CountyÐSmyth Population Group Listing (I±1) Population Group Mercer MENTAL HEALTH: Washington Am InÐSpokane Service Area: Mercer/Mcdowell/Wyoming County Listing CountyÐSpokane (I±1) Parts: Mineral County Name Am In Pop Service Area: Petersburg (VIII) *Adams Low IncÐLewis Cty Mingo Asotin CountyÐLewis Service Area: Logan/Mingo (II±1) Service Area: Asotin/Garfield Parts: Nicholas Benton Low Inc Service Area: Seneca (IV) Service Area: Tri-Cities Low IncÐMason Cty Pendleton Population Group: MFWÐBenton/Franklin CountyÐMason Service Area: Petersburg (VIII) Chelan Parts: Pocahontas Service Area: Chelan/Douglas Low Inc Service Area: Seneca (IV) *Clallam MFWÐBenton/Franklin Webster Facility: Clallam Bay Corr Ctr CountyÐBenton Service Area: Seneca (IV) *Columbia Parts: Wetzel *Cowlitz MFW Service Area: Northwood Douglas CountyÐFranklin Wyoming Service Area: Chelan/Douglas Parts: Service Area: Mercer/Mcdowell/Wyoming *Ferry MFW (I±1) Franklin MSFWÐYakima Cty Service Area: Tri-Cities CountyÐYakima MENTAL HEALTH: West Virginia Population Group: MFWÐBenton/Franklin Parts: Service Area Listing Garfield MSFW Service Area: Asotin/Garfield Service Area Name *Grant MENTAL HEALTH: Washington Central (VI±2) *Grays Harbor Facility Listing CountyÐBraxton *Jefferson CountyÐDoddridge *Kittitas Facility Name CountyÐGilmer *Klickitat Clallam Bay Corr Ctr CountyÐHarrison Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51653
MENTAL HEALTH: West Virginia MENTAL HEALTH: Wisconsin MENTAL HEALTH: Wisconsin Service Area Listing County Listing Service Area Listing
Service Area Name County Name Service Area Name CountyÐLewis Iron CountyÐMenomonee Logan/Mingo (II±1) Service Area: Catchment Area 3 CountyÐShawano CountyÐLogan Jackson CountyÐWaupaca CountyÐMingo Service Area: Catchment Area 9 Catchment Area 15 Mercer/Mcdowell/Wyoming (I±1) *Jefferson CountyÐJuneau CountyÐMc Dowell Juneau CountyÐRichland CountyÐMercer Service Area: Catchment Area 15 CountyÐSauk CountyÐWyoming Lafayette Catchment Area 16 Northwood Service Area: Catchment Area 21 CountyÐAdams CountyÐMarshall *Langlade CountyÐColumbia CountyÐWetzel Service Area: Catchment Area 5 CountyÐMarquette Petersburg (VIII) *Lincoln Catchment Area 2 CountyÐGrant Service Area: Catchment Area 5 CountyÐBarron CountyÐHampshire Marathon CountyÐBurnett CountyÐHardy Service Area: Catchment Area 5 CountyÐPolk CountyÐMineral *Marinette CountyÐRusk CountyÐPendleton Service Area: Catchment Area #6 CountyÐWashburn Seneca (IV) Marquette Catchment Area 21 CountyÐGreenbrier Service Area: Catchment Area 16 CountyÐCrawford CountyÐNicholas Menomonee CountyÐGrant CountyÐPocahontas Service Area: Catchment Area 11 CountyÐGreen CountyÐWebster Milwaukee CountyÐIowa Service Area: Near North SideÐMilwaukee CountyÐLafayette MENTAL HEALTH: West Virginia Facility: Milwaukee Child & Adolescent Catchment Area 3 Facility Listing Trtmt C. CountyÐAshland Facility: Milwaukee Mh Complex CountyÐBayfield Facility Name *Monroe CountyÐIron Huntington State Hosp Oneida CountyÐPrice CountyÐCabell Service Area: Catchment Area 4 CountyÐSawyer Weston State Hosp Pepin Catchment Area 4 CountyÐLewis Service Area: Catchment Area 7 CountyÐForest Pierce CountyÐOneida MENTAL HEALTH: Wisconsin Service Area: Catchment Area 7 CountyÐVilas County Listing Polk Catchment Area 5 Service Area: Catchment Area 2 CountyÐLanglade County Name Price CountyÐLincoln Adams Service Area: Catchment Area 3 CountyÐMarathon Service Area: Catchment Area 16 Richland Catchment Area 7 Ashland Service Area: Catchment Area 15 CountyÐDunn Service Area: Catchment Area 3 Rusk CountyÐPepin Barron Service Area: Catchment Area 2 CountyÐPierce Service Area: Catchment Area 2 Sauk CountyÐSt. Croix Bayfield Service Area: Catchment Area 15 Catchment Area 9 Service Area: Catchment Area 3 Sawyer CountyÐBuffalo Buffalo Service Area: Catchment Area 3 CountyÐJackson Service Area: Catchment Area 9 Shawano CountyÐTrempealeau Burnett Service Area: Catchment Area 11 Near North SideÐMilwaukee Service Area: Catchment Area 2 St. Croix CountyÐMilwaukee Calumet Service Area: Catchment Area 7 Parts: *Clark *Taylor C.T. 18±28 Columbia Trempealeau C.T. 38±49 Service Area: Catchment Area 16 Service Area: Catchment Area 9 C.T. 60±72 Crawford *Vernon C.T. 79±92 Service Area: Catchment Area 21 Vilas C.T. 98±107 Dane Service Area: Catchment Area 4 Facility: Mendota M. H. Inst. Washburn MENTAL HEALTH: Wisconsin Door Service Area: Catchment Area 2 Facility Listing Service Area: Catchment Area #6 Waupaca Douglas Service Area: Catchment Area 11 Facility Name Service Area: Catchment Area 1 *Waushara Mendota M. H. Inst. Dunn CountyÐDane Service Area: Catchment Area 7 MENTAL HEALTH: Wisconsin Milwaukee Child & Adolescent Trtmt C. *Florence Service Area Listing CountyÐMilwaukee Service Area: Catchment Area #6 Milwaukee Mh Complex Forest Service Area Name CountyÐMilwaukee Service Area: Catchment Area 4 Catchment Area 1 Grant CountyÐDouglas MENTAL HEALTH: Wyoming Service Area: Catchment Area 21 Catchment Area #6 County Listing Green CountyÐDoor Service Area: Catchment Area 21 CountyÐFlorence County Name Iowa CountyÐMarinette *Albany Service Area: Catchment Area 21 Catchment Area 11 Service Area: Southeast 51654 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices
MENTAL HEALTH: Wyoming MENTAL HEALTH: American Samoa MENTAL HEALTH: Puerto Rico County Listing County Listing County Listing
County Name County Name County Name Big Horn Eastern District *Arecibo *Big Horn Service Area: Terr. Of American Samoa Service Area: Northern (Arecibo) C.A. Manu'A District Service Area: Mh Region I *Arroyo Service Area: Terr. Of American Samoa Service Area: Mh Region I Service Area: Eastern (Caguas) C.A. Rose Island *Barceloneta *Campbell Service Area: Terr. Of American Samoa *Carbon Service Area: Northern (Arecibo) C.A. Swains Island *Barranquitas Converse Service Area: Terr. Of American Samoa Service Area: Eastern Service Area: Northeastern (Bayamon) Western District C.A. *Crook Service Area: Terr. Of American Samoa Service Area: Crook/Weston *Bayamon Service Area: Northeastern (Bayamon) *Fremont MENTAL HEALTH: American Samoa C.A. *Goshen Service Area Listing *Cabo Rojo Service Area: Southeast Service Area: Mayaguez Catchment Area Service Area Name Hot Springs *Caguas Terr. Of American Samoa *Hot Springs Service Area: Eastern (Caguas) C.A. CountyÐEastern District Service Area: Mh Region I *Camuy CountyÐManu'A District Service Area: Mh Region I Service Area: Northern (Arecibo) C.A. CountyÐRose Island *Johnson *Canovanas CountyÐWestern District Service Area: Northern Service Area: Fajardo/Loiza C.A. CountyÐSwains Island Laramie *Catano Service Area: Southeast Service Area: Northeastern (Bayamon) *Lincoln MENTAL HEALTH: Fed Ste Micronesia C.A. County Listing Natrona *Cayey Niobrara County Name Service Area: Eastern (Caguas) C.A. Service Area: Eastern *Chuuk State *Ceiba Park *Kosrae State Service Area: Fajardo/Loiza C.A. Service Area: Mh Region I *Pohnpei State *Ciales *Platte *Yap State Service Area: Northern (Arecibo) C.A. Service Area: Southeast *Cidra *Sheridan MENTAL HEALTH: Guam Service Area: Eastern (Caguas) C.A. Service Area: Northern County Listing *Coamo *Sublette Service Area: Southern (Ponce) C.A. *Sweetwater County Name *Comerio *Teton Terr. Of Guam Service Area: Northeastern (Bayamon) *Uinta (g) Service Area: Terr. Of Guam C.A. Facility: Wyoming State Hosp. *Corozal Washakie MENTAL HEALTH: Guam Service Area: Northeastern (Bayamon) *Washakie Service Area Listing C.A. Service Area: Mh Region I *Culebra Service Area: Fajardo/Loiza C.A. Service Area: Mh Region I Service Area Name Service Area: Northeastern (Bayamon) *Weston Terr. Of Guam CountyÐTerr. Of Guam C.A. Service Area: Crook/Weston *Dorado MENTAL HEALTH: N. Mariana Islands Service Area: Fajardo/Loiza C.A. MENTAL HEALTH: Wyoming County Listing Service Area: Northeastern (Bayamon) Service Area Listing C.A. County Name Service Area Name *Fajardo *Comnwlth Of N. Mariana Is Service Area: Fajardo/Loiza C.A. Crook/Weston *Florida CountyÐWeston MENTAL HEALTH: Republic of Palau Service Area: Northern (Arecibo) C.A. Eastern County Listing *Guanica CountyÐNiobrara Service Area: Southern (Ponce) C.A. Mh Region I County Name *Guayama CountyÐWashakie *Republic Of Palau Service Area: Eastern (Caguas) C.A. CountyÐWashakie *Guayanilla Northern MENTAL HEALTH: Puerto Rico Service Area: Southern (Ponce) C.A. CountyÐJohnson County Listing *Gurabo Parts: Service Area: Eastern (Caguas) C.A. Johnson County Name *Hatillo CountyÐSheridan *Adjuntas Service Area: Northern (Arecibo) C.A. Parts: Service Area: Southern (Ponce) C.A. *Hormigueros Sheridan *Albonito Service Area: Mayaguez Catchment Area Southeast Service Area: Southern (Ponce) C.A. *Humacao CountyÐPlatte *Anasco Service Area: Eastern (Caguas) C.A. Service Area: Mayaguez Catchment Area *Isabella MENTAL HEALTH: Wyoming *Aquada Service Area: Mayaguez Catchment Area Facility Listing Service Area: Mayaguez Catchment Area *Jayuya *Aquadilla Service Area: Southern (Ponce) C.A. Facility Name Service Area: Mayaguez Catchment Area *Juana Diaz Wyoming State Hosp. *Aquas Buenas Service Area: Southern (Ponce) C.A. CountyÐUinta Service Area: Eastern (Caguas) C.A. *Juncos Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Notices 51655
MENTAL HEALTH: Puerto Rico MENTAL HEALTH: Puerto Rico MENTAL HEALTH: Puerto Rico County Listing County Listing Service Area Listing
County Name County Name Service Area Name Service Area: Eastern (Caguas) C.A. *Utuado CountyÐBarranquitas *Lajas Service Area: Northern (Arecibo) C.A. CountyÐBayamon Service Area: Mayaguez Catchment Area *Vega Alta CountyÐCatano *Lares Service Area: Northeastern (Bayamon) CountyÐComerio Service Area: Northern (Arecibo) C.A. C.A. CountyÐCorozal *Las Marias *Vega Baja CountyÐDorado Service Area: Mayaguez Catchment Area Service Area: Northern (Arecibo) C.A. CountyÐNaranjito *Las Peidras *Vieques CountyÐOrocovis Service Area: Eastern (Caguas) C.A. Service Area: Fajardo/Loiza C.A. CountyÐToa Alta *Loiza *Villalba CountyÐToa Baja Service Area: Fajardo/Loiza C.A. Service Area: Southern (Ponce) C.A. CountyÐVega Alta *Luquillo *Yabucoa Northern (Arecibo) C.A. Service Area: Fajardo/Loiza C.A. Service Area: Eastern (Caguas) C.A. *Manati CountyÐArecibo *Yauco CountyÐBarceloneta Service Area: Northern (Arecibo) C.A. Service Area: Southern (Ponce) C.A. *Maricao CountyÐCamuy Service Area: Mayaguez Catchment Area CountyÐCiales MENTAL HEALTH: Puerto Rico CountyÐFlorida *Maunabo Service Area Listing Service Area: Eastern (Caguas) C.A. CountyÐHatillo *Mayaguez Service Area Name CountyÐLares Service Area: Mayaguez Catchment Area Eastern (Caguas) C.A. CountyÐManati *Moca CountyÐAquas Buenas CountyÐMorovis Service Area: Mayaguez Catchment Area CountyÐArroyo CountyÐQuebradillas *Morovis CountyÐCaguas CountyÐUtuado Service Area: Northern (Arecibo) C.A. CountyÐCayey CountyÐVega Baja *Naguabo CountyÐCidra Southern (Ponce) C.A. Service Area: Eastern (Caguas) C.A. CountyÐGuayama CountyÐAdjuntas *Naranjito CountyÐGurabo CountyÐAlbonito Service Area: Northeastern (Bayamon) CountyÐHumacao CountyÐCoamo C.A. CountyÐJuncos CountyÐGuanica *Orocovis CountyÐLas Peidras CountyÐGuayanilla Service Area: Northeastern (Bayamon) CountyÐMaunabo CountyÐJayuya C.A. CountyÐNaguabo CountyÐJuana Diaz *Patillas CountyÐPatillas CountyÐPenuellas Service Area: Eastern (Caguas) C.A. CountyÐSan Lorenzo CountyÐPonce *Penuellas CountyÐYabucoa CountyÐSalinas Service Area: Southern (Ponce) C.A. Fajardo/Loiza C.A. CountyÐSanta Isabel *Ponce CountyÐCanovanas CountyÐVillalba Service Area: Southern (Ponce) C.A. CountyÐYauco *Quebradillas CountyÐCeiba Service Area: Northern (Arecibo) C.A. CountyÐCulebra CountyÐFajardo MENTAL HEALTH: Virgin Islands *Rincon County Listing Service Area: Mayaguez Catchment Area CountyÐLoiza *Rio Grande CountyÐLuquillo CountyÐRio Grande County Name Service Area: Fajardo/Loiza C.A. St. Croix *Sabana Grande CountyÐVieques Mayaguez Catchment Area Service Area: Virgin Islands C.A. Service Area: Mayaguez Catchment Area St. John *Salinas CountyÐAquada Service Area: Virgin Islands C.A. Service Area: Southern (Ponce) C.A. CountyÐAquadilla St. Thomas *San German CountyÐAnasco Service Area: Mayaguez Catchment Area CountyÐCabo Rojo Service Area: Virgin Islands C.A. *San Lorenzo CountyÐHormigueros Service Area: Eastern (Caguas) C.A. CountyÐIsabella MENTAL HEALTH: Virgin Islands *San Sabastion CountyÐLajas Service Area Listing Service Area: Mayaguez Catchment Area CountyÐLas Marias Service Area Name *Santa Isabel CountyÐMaricao Virgin Islands C.A. Service Area: Southern (Ponce) C.A. CountyÐMayaguez CountyÐSt. Croix *Toa Alta CountyÐMoca Service Area: Northeastern (Bayamon) CountyÐRincon CountyÐSt. John C.A. CountyÐSabana Grande CountyÐSt. Thomas *Toa Baja CountyÐSan German Service Area: Northeastern (Bayamon) CountyÐSan Sabastion [FR Doc. 95–23160 Filed 9–29–95; 8:45 am] C.A. Northeastern (Bayamon) C.A. BILLING CODE 4160±15±P federal register October 2,1995 Monday Reductions; ProposedRule Adjustments; ComparabilityStudies;Rent Adjustments; AnnualandSpecial Section 8ModerateRehabilitation;Rent 24 CFRPart882 Development Housing andUrban Department of Part III 51657 51658 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
DEPARTMENT OF HOUSING AND FOR FURTHER INFORMATION CONTACT: the current regulations in 24 CFR part URBAN DEVELOPMENT Madeline Hastings, Rental Assistance 882, subpart D, that govern the special Division, Room 4226, Department of procedures for adjusting Contract Rents Office of the Assistant Secretary for Housing and Urban Development, 451 of regular and SRO Moderate Public and Indian Housing Seventh Street SW, Washington, DC Rehabilitation projects during the term 20410; telephone (202) 708–2841 (voice) of the HAP Contract. The procedures for 24 CFR Part 882 or (202) 708–4594 (TDD). (These are not both annual and special rent toll-free numbers.) adjustments would be revised by the [Docket No. FR±3709±P±01] SUPPLEMENTARY INFORMATION: rule. These are the only upward adjustments to the initial base and RIN 2577±AB48 I. Paperwork Reduction Act Statement Contract Rents set forth in the HAP Section 8 Moderate Rehabilitation; The information collection Contract that are allowed during the Rent Adjustments; Annual and Special requirements contained in this proposed term of the HAP Contract. Downward Adjustments; Comparability Studies; rule have been submitted to the Office adjustments due to changes in project Rent Reductions of Management and Budget (OMB) for financing are also permitted during the review under the Paperwork Reduction term of the HAP Contract. AGENCY: Office of the Assistant Act of 1980 (44 U.S.C. 3501–3520). No Regulations governing annual and Secretary for Public and Indian person may be subjected to a penalty for special rent adjustments for the other Housing, HUD. failure to comply with these information Section 8 Programs have been and will ACTION: Proposed rule. collection requirements until they have be addressed by separate rulemaking. A been approved and assigned an OMB proposed rule, entitled ‘‘Annual SUMMARY: This proposed rule would control number. The OMB control Adjustments of Contract Rents for revise the current regulations on number, when assigned, will be Section 8 Assisted Housing; adjusting Section 8 Moderate announced by separate notice in the Comparability Studies,’’ was published Rehabilitation Contract Rents. The rule Federal Register. in the Federal Register on October 29, would modify the method used by The public reporting burden for each 1992 (57 FR 49120). The Department Public Housing Agencies (PHAs) to of these collections of information is received considerable public comment determine the amount of the annual estimated to include the time for on the October 29, 1992 proposed rule, increase in the Contract Rents by reviewing and instructions, searching and, as a result of this public comment, providing for PHAs to conduct existing data sources, gathering and is further considering its October 29, comparability studies for Moderate maintaining the data needed, and 1992 proposal. Accordingly, the Rehabilitation projects to prevent the completing and reviewing the collection language of this proposed rule which is application of the Annual Adjustment of information. Information on the limited to the Section 8 Moderate Factors from resulting in a material estimated public reporting burden is Rehabilitation Program and which difference between rents charged for provided under the preamble heading, would make similar amendments to assisted units and similar unassisted Other Matters. those amendments proposed to be made units. The proposed rule provides a Send comments regarding this burden by the October 29, 1992 rule is not substitute method of determining the estimate or any other aspect of this based on the language of the October 29, initial difference between Moderate collection of information, including 1992 proposed rule. Rehabilitation rents and rents charged suggestions for reducing this burden, to Additionally, the Department notes for comparable unassisted units, if the the Department of Housing and Urban that 24 CFR part 888, subpart B, does PHA failed to establish the amount of Development, Rules Docket Clerk, 451 not apply to the process utilized under the difference when the initial Contract Seventh Street SW, Room 10276, the Section 8 Moderate Rehabilitation Rents were determined. The proposed Washington, DC 20410; and to the Program. Although subpart B currently rule also provides, subject to the Office of Information and Regulatory applies to all Section 8 Housing availability of appropriations, for Affairs, Office of Management and Assistance Programs, its scope is limited special adjustments when an exemption Budget, Attention Desk Officer for HUD, to the Automatic Annual Adjustment from real property tax expires under Washington, DC 20503. At the end of factors. The Section 8 Moderate certain circumstances. The proposed the public comment period on this rule, Rehabilitation Program does not utilize rule also adds insurance to the the Department may amend the automatic adjustments and, therefore, categories of cost increases that may information collection requirements set adjustments will be made in accordance result in a special adjustment. out in this rule to reflect public with § 882.410, not 24 CFR part 888, DATES: Comment Due Date: December 1, comments or OMB comments received subpart B.1 1995. concerning the information collection. B. Comparability Studies ADDRESSES: Interested persons are II. Background invited to submit comments regarding This proposed rule would implement this proposed rule to the Rules Docket A. Applicability section 801(c) of the Department of Clerk, Office of General Counsel, room This proposed rule would be Housing and Urban Development 10276, Department of Housing and applicable to all projects which are Reform Act of 1989 (Pub. L. 101–235, Urban Development, 451 Seventh Street currently, or will be in the future, under approved December 15, 1989) (HUD SW, Washington, DC 20410. a Section 8 Moderate Rehabilitation Reform Act), by providing for PHAs to Communications should refer to the Housing Assistance Payments (HAP) conduct comparability studies for above docket number and title. Contract, as provided in the regular Moderate Rehabilitation projects to Facsimile (FAX) comments are not Section 8 Moderate Rehabilitation prevent a material difference between acceptable. A copy of each Program, and the Section 8 Moderate 1 Another proposed rule applicable to the section communication submitted will be Rehabilitation Single Room Occupancy 8 regulations and entitled ‘‘Section 8 Certificate and available for public inspection and (SRO) Program for Homeless Voucher Programs Conforming Rule’’ was copying during regular business hours. Individuals. This rule proposes to revise published on February 24, 1993 (58 FR 11292). Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51659 rents charged for assisted units and defined as a dollar amount equal to the contractual or regulatory right to receive similar unassisted units. The rule also difference between the original the special adjustment. HUD ‘‘may would revise 24 CFR 882.410 to provide comparable rent at the time the unit approve’’ a special adjustment, and the that upon request to the PHA by the went under HAP contract and the initial PHA ‘‘may make’’ a special adjustment. Moderate Rehabilitation owner (Owner) Contract Rent. In many cases, however, A special adjustment must be to the PHA for an annual adjustment, a PHAs never established the initial determined in accordance with HUD comparability study may be conducted difference. The Regular Moderate procedures and be approved by HUD. to ensure that the application of the Rehabilitation rent formula is based on The proposed rule would implement Annual Adjustment Factor (AAF) would a cost approach and therefore in most section 142 of the Housing and not result in a new Contract rent that is instances PHAs neglected to perform a Community Development Act of 1992 materially different from the rents comparability analysis. Because of the (Pub.L. 102–550, approved October 28, charged for comparable unassisted nature of the Moderate Rehabilitation 1992). Section 142 allows HUD to give units. HUD will prescribe procedures on program, the Department will assume how a comparable rent shall be that in most cases an initial difference a special adjustment, subject to the determined. actually existed between comparable availability of appropriations, to the Under the proposed rule, when the unassisted rents and initial Contract extent HUD determines such application of the AAF to the base rent, Rents. adjustments are necessary to reflect plus the monthly rehabilitation debt For those contracts where an initial increases in the actual and necessary service and utility allowance, produces difference was never established, the expenses of owning and maintaining the an amount which is 110 percent or more Department has created a substitute units that have resulted from the of the most recently published Fair method to allow for the initial expiration of a real property tax Market Rents (FMRs) for Existing difference. Where an initial difference exemption. In addition, the proposed Housing or exception rent approved by was never established, the initial rule would include insurance in the HUD, a comparability study would be difference will be assumed to be ten categories of cost increases that may conducted by the PHA. The Owner percent of the initial Contract Rent, result in a special adjustment, provided would be given notice of the PHA’s unless an owner can document that the that the insurance cost increases are intent to conduct a comparability study initial difference was greater. actual and necessary expenses which within a limited timeframe. Where the Providing for a substitute method that have resulted from substantial general results of the PHA’s comparability study assumes the initial difference is ten increases in insurance costs. Special show that a material difference would percent if it was never established is adjustments are currently limited by the result between the adjusted Contracts consistent with HUD’s procedures regulations pertaining to real property Rents and rents being charged for established for Section 8 New taxes or special assessments, and similar unassisted units, allowing for Construction and Substantial increases of utility rates or cost of any difference which may have existed Rehabilitation Properties where current utilities not covered by regulated rates. with respect to the initial Contract Rent contract rents are above the published On September 16, 1994 (59 FR 47772), (see Section D of this preamble), the FMRs. In a direct issuance to HUD’s HUD published a final rule that Contract rent would be set at the Field Offices (Notice H–95–12, issued implements section 542 of the Cranston- maximum allowable Contract rent March 7, 1995), HUD stated: ‘‘In order Gonzalez National Affordable Housing (which will be defined later in this to provide a fair number to owners who Act of 1990 (Pub.L. 101–625, approved preamble). However, the Contract Rent may not be able to show proof of the November 28, 1990). Consistent with would be reduced below its current initial difference which existed in the section 542, the September 16, 1994 level based upon the comparability initial Section 8 contract rents, HUD final rule provides for PHAs to study. will use 10% of the initial Section 8 recommend, and HUD to approve, A material difference between the contract rent (plus the Financial subject to the availability of Adjustment Factor, if applicable) where assisted and comparable unassisted appropriations, a special adjustment, on evidence of the initial difference cannot rents exists if the adjusted base rent is a project by project basis, to reflect be provided by the owner.’’ (Page 4 of greater than the maximum allowable substantial increases in operating, Notice H–95–12). Accordingly, HUD’s Contract rent plus any amount maintenance and capital repair costs use of the 10 percent initial difference attributable to an initial difference. The primarily due to the general prevalence in this rule is to maintain consistency maximum allowable base rent is a dollar in the community of drug-related and uniformity, to the extent possible, amount equal to 105 percent of the criminal activity. The authority for this in its Section 8 programs. comparable rent. special adjustment is strictly subject to The rule also would provide that D. Special Adjustments the availability for appropriations for Contract Rents will never be reduced as this purpose. a result of a comparability study. This proposed rule would clarify and Contract rents may be reduced when the expand the availability of special rent The September 16, 1994 final rule project has been refinanced in such a adjustments. Special adjustments may codified the section 542 special rent manner that the periodic payment of the not be approved because of cost adjustments provisions in Owner has been reduced. The Owner is increases particular to operation of the § 882.410(a)(2). This proposed rule required to notify the PHA of any individual Owner or project, but only would move these provisions to refinancing that occurs during the term may be granted for ‘‘general increases’’ § 882.410(d), and would make some of the HAP Contract. that affect operation of housing in the organizational and minor clarifying community. The proposed rule would language changes. However, the C. Initial Difference provide that these special adjustments substance of the special rent adjustment In determining whether a material may only be approved to reflect provisions as implemented in difference exists, the PHA must allow ‘‘substantial general’’ increases in § 882.410(a)(2) in the September 16, for any difference which may have ‘‘actual and necessary’’ expenses of 1994 final rule, remains the same as in existed with respect to the initial owning and maintaining the dwelling § 882.410(d)(1),(2),(4) and (6) of this Contract Rent. The initial difference is unit. The Owner does not have a proposed rule. 51660 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules
III. Other Matters development of the September 16, 1994 would not have potential for significant final rule that implements section 542 of impact on family formation, Executive Order 12866 the NAHA, and which provides for maintenance, and general well-being, This proposed rule was reviewed by special rent adjustments certain and, thus, is not subject to review under the Office of Management and Budget operating and maintenance costs the order. The rents paid by families in (OMB) under Executive Order 12866 on incurred as a result of a general housing governed under this rule are Regulatory Planning and Review, issued prevalence of drug-related criminal based on the income of the families, and by the President on September 30, 1993. activity in the community. That Finding not on the Contract Rents affected by Any changes made in this proposed rule of No Significant Impact is applicable to this rule. Therefore, the proposed rule is as a result of that review are clearly this proposed rule available for public not subject to review under that order. identified in the docket file, which is inspection between 7:30 a.m. and 5:30 available for public inspection in the p.m. weekdays in the Office of the Rules Regulatory Flexibility Act office of the Department’s Rules Docket Docket Clerk, Office of the General Clerk, Room 10276, 451 Seventh Street, Counsel, Department of Housing and The Secretary, in accordance with the SW, Washington, DC. Urban Development Room 10276, 451 Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this proposed rule Environmental Impact Seventh Street, SW, Washington, DC 20410. before publication and by approving it With respect to the rule’s proposal to certifies that this proposed rule would implement the comparability studies Executive Order 12612, Federalism not have a significant economic impact provision of the HUD Reform Act, an The General Counsel, as the on a substantial number of small environmental assessment is Designated Official for HUD under entities. Specifically, the rule would unnecessary since statutorily required section 6(a) of Executive Order 12612, modify the procedures for adjusting establishment and review of rent Federalism, has determined that the Contract Rents in the Section 8 schedules that do not constitute a policies contained in this proposed rule Moderate Rehabilitation Program. development decision affecting the do not have federalism implications physical condition of specific project and, thus, are not subject to review Paperwork Reduction Act Statement areas or buildings sites is categorically under the order. The rule is limited to excluded from HUD’s National revising the regulations applicable to The information collection Environmental Policy Act (NEPA) the Section 8 Moderate Rehabilitation requirements contained in this rule have procedures under 24 CFR 50.20(l). With Program on the matter of adjustment of been submitted to the Office of respect to the proposed rule’s special Contract Rents. Management and Budget for approval rent adjustment provision, a Finding of under the Paperwork Reduction Act of No Significant Impact with respect to Executive Order 12606, the Family 1980 (44 U.S.C. 3501–3520). The the environment has been made in The General Counsel, as the following provisions of the rule have accordance with HUD regulations at 24 Designated Official under Executive been determined by the Department to CFR part 50, which implements section Order 12606, The Family, has contain collection of information 102(2)(C) of NEPA in connection with determined that this proposed rule requirements:
Number re- Submission requirements Number of sponses per Total annual Hours per Total hours rrespondents respondent responses response
PHAs complete study ...... 130 1 130 20 2600 Notify owners of results where it is found that a material difference exists ...... 65 1 65 1 65 Owner appeal of results ...... 22 1 22 8 176 PHA process appeal ...... 22 1 22 4 88 Owner final appeal ...... 4 1 4 4 16 HUD review of final appeal and notify owner of result ...... 4 1 4 4 16 Owner submit request for special rent adjustment due to expiration of real property tax exemption ...... 100 1 100 10 1000 PHA process owner request for special rent adjustment due to expira- tion of real property tax exemption ...... 100 1 100 8 800 HUD review request for special rent adjustment due to expiration of real property tax exemption ...... 75 1 75 8 600 Owner submit request for special rent adjustment due to increases in insurance costs ...... 100 1 100 10 1000 PHA process owner request for special rent adjustment due to in- creases in insurance costs ...... 100 1 100 8 800 HUD review request for special rent adjustment due to increases in insurance costs ...... 75 1 75 8 600
Total ...... 7,761
List of Subjects in 24 CFR Part 882 Accordingly, 24 CFR part 882, subpart PART 882ÐSECTION 8 HOUSING Grant programs—housing and D is proposed to be amended as follows: ASSISTANCE PAYMENTS community development, Homeless, PROGRAMÐEXISTING HOUSING Lead poisoning, Manufactured homes, Rent subsidies, Reporting and 1. The authority citation for part 882 recordkeeping requirements. continues to read as follows: Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules 51661
Authority: 42 U.S.C. 1437a, 1437c, 1437f, Contract Rent. If the PHA did not (6) Where the results of a and 3535(d). Subpart H is also issued under establish an initial difference at the time comparability study show that a 42 U.S.C. 11361 and 11401. the HAP contract was executed, ten material difference would not result 2. Section 882.410 is revised to read percent of the initial Contract Rent shall from application of the full AAF, the as follows: be used as a substitute, unless an owner base rent will be adjusted by the full can document that the initial difference AAF to determine the new Contract § 882.410 Rent adjustments. was greater. Rent. (a) Annual adjustments. (1) Contract (c) Comparability Studies. (1) A (7)(i) Appeals of the decision to Rents will be adjusted annually as comparability study will be conducted disapprove a full adjustment under the provided in paragraph (a) of this section for the purpose of determining whether AAF must be made to the appropriate upon submittal to the PHA by the a material difference, as described in PHA within 30 business days from the Owner of a revised schedule of Contract paragraph (b) of this section, will result date of the notice as required in Rents, provided that the unit is in from application of the AAF. The PHA paragraph (c)(5) of this section. decent, safe, and sanitary condition and will notify the Owner in writing of its Sufficient documentation must be that the Owner is otherwise in intention to conduct a comparability provided of any objections to the compliance with the terms of the Lease study. decision. and Contract. The Annual Adjustment (2) If the Contract rent, as adjusted by (ii) The PHA will review the appeal Factors (AAFs) which are published the AAF, plus the utility allowance, is within 30 business days from receipt of annually by HUD (see Schedule C, 24 less than 110 percent of the current the documentation. CFR part 888) will be utilized. (8) Final appeals of the PHA decision Existing Housing FMR or exception rent (2) On or after each annual may be made to the appropriate HUD (if granted for a geographical area in anniversary date of the Contract, the Field Office. Contract Rents may be adjusted in accordance with § 882.408(b)), the (d) Special adjustments. (1) A special accordance with this paragraph and adjusted Contract Rent for the project adjustment, to the extent determined by other established HUD procedures. shall be approved by the PHA in HUD to reflect increases in the actual Contract Rents will only be adjusted for accordance with HUD prescribed and necessary expenses of owning and housing assistance payments for the procedures and the PHA shall not maintaining the unit which are not months commencing 60 days after the conduct a comparability study. adequately compensated for by annual PHA receives the Owner’s revised (3) If the Contract rent, adjusted by adjustments under this part, and which schedule of Contract Rents. Contract the AAF, plus the utility allowance, is have resulted from substantial general Rents will not be adjusted retroactively 110 percent or more of the current increases in real property taxes, or cumulatively. The annual adjustment Existing Housing FMR or if an exception assessments, utility rates, utilities not with respect to any anniversary date rent limit (if granted for a geographical covered by regulated rates, or increases must be requested prior to the next area in accordance with § 882.408(b)), in insurance costs, may be annual anniversary date. the PHA will conduct a comparability recommended by the PHA for approval (3) The adjusted Contract Rents study to determine and approve an by HUD. cannot exceed the amount established adjusted base rent that is not materially (2) Subject to the availability of by multiplying the applicable AAF by different from rents charged for appropriations for the purpose specified the base rents then adding the monthly comparable unassisted units. in paragraph (d)(2) of this section, a rehabilitation debt service. (4)(i) In conducting a comparability special adjustment may be (4) Rents to be adjusted by the AAF study, the project’s Contract rents, as recommended by the PHA for approval must then be examined in accordance adjusted by the AAFs, will be compared by HUD when HUD determines, based with paragraphs (b) and (c) of this to rents charged for unassisted units of upon a clear demonstration by the section and may be adjusted similar quality, type and age in the same Owner, that a project is located in a accordingly. market area. community where drug-related criminal (b) Overall limitation. (1) (ii) Comparability studies will be activity is generally prevalent, and not Notwithstanding any other provisions of conducted by PHA staff. PHA staff specific to a particular project, and the this part, adjustments as provided in conducting the comparability studies project’s operating, maintenance, and this section must not result in material will make adjustments necessary to capital repair expenses have differences between the rents charged accommodate any difference between substantially increased primarily as a for assisted and unassisted units of the comparables and the assisted project result of the prevalence of such drug- similar age, quality, and type in the that significantly affect the amount of related activity. same market area, as determined by the rent charged (including, without (i) HUD may, on a project-by-project PHA (and approved by HUD in the case limitation, adjustments for utility basis, provide adjustments to the of adjustments under paragraph (d) of charges). maximum monthly rents to a level no this section). A material difference (5) If it is determined by the greater than 120 percent of the current between the assisted and comparable comparability study that a material gross rents for each unit size under a unassisted rent is determined to exist if difference would result (as provided in Housing Assistance Payments Contract the adjusted Contract rent is greater than paragraph (b) of this section) from to cover the costs of maintenance, the maximum allowable Contract rent application of the full AAF, a notice security, capital repairs and reserves plus any difference which may have showing the results of the study will be required for the Owner to carry out a existed initially. The maximum provided to the Owner within 30 strategy acceptable to HUD for allowable base rent is a dollar amount business days of receipt of the Owner’s addressing the problem of drug-related equal to 105 percent of the comparable request for a rent increase. The Contract criminal activity. rent. Rent will be set at the maximum (ii) Where the strategy involves (2) In determining whether a material allowable Contract rent (as defined in physical improvements, HUD will difference exists, the PHA must allow paragraph (b) of the section). However, perform an environmental review to the for any difference which may have the Contract Rent will never be reduced extent required under HUD’s existed with respect to the initial as a result of a comparability study. environmental regulations at 24 CFR 51662 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Proposed Rules part 50 prior to approving the special more than twenty units, the Owner must end of the approved term is not and will adjustment. submit audited financial information. not be considered a reduction of (3) Subject to the availability of (e) Effective date of special Contract Rents. appropriations, a special adjustment adjustments. The effective date of the (g) Rent reductions. Contract Rents also may be recommended by the PHA adjusted Contract Rent will be the first will never be reduced as a result of a for approval by HUD when and to the day of the month following the actual comparability study, but may be extent HUD determines such increase, or the first day of the month reduced when the project has been adjustments are necessary to reflect after the Owner’s written request for the refinanced in such a manner that the increases in such actual and necessary special adjustment, whichever is later. periodic payment of the Owner has been expenses that have resulted from Special adjustments for security will not reduced. The Owner is required to expiration of an exemption from real be made retroactively. notify the PHA of any refinancing that property tax. (f) Term of special adjustments. (1) occurs during the term of the HAP (4) The special rent adjustments The term of a special rent adjustment Contract. When the property acquisition described in paragraph (d) of this will be coterminous with the period of portion of a loan has been refinanced, section only will be approved if and to the increased cost to the Owner, procedures prescribed by HUD will be the extent the Owner clearly subsequent to its effective date. HUD utilized to recompute the base rents in demonstrates that these general will approve the term of the special relation to AAFs. Such procedures shall increases have caused increases in the adjustment and the special adjustment not be applicable to projects under Owner’s operating costs which are not must be terminated at the end of the subpart H of this part. adequately compensated for by annual specified term. The special adjustment adjustments. must be reviewed annually by the PHA Editorial Note: This document was (5) Special adjustments are a separate to determine whether it is still received at the Office of the Federal Register component of the Contract Rent and are justifiable. The PHA may request and on September 26, 1995. never added to the Base Rent for the HUD may approve a decrease or an Dated: December 1, 1994. purpose of calculating annual rent increase in the term. Joseph Shuldiner, adjustments. (2) Special adjustments are removed Assistant Secretary for Public and Indian (6) The Owner must submit financial from the Contract Rent at the end of the Housing. information to the PHA which clearly approved term. The removal of a special [FR Doc. 95–24368 Filed 9–29–95; 8:45 am] supports the increase. For Contracts of adjustment from the Contract Rent at the BILLING CODE 4210±33±P federal register October 2,1995 Monday Executive OrderNo.12901 Executive Order12973ÐAmendmentto The President Part IV 51663
51665
Federal Register Presidential Documents Vol. 60, No. 190
Monday, October 2, 1995
Title 3— Executive Order 12973 of September 27, 1995
The President Amendment to Executive Order No. 12901
By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 141 and 301– 310 of the Trade Act of 1974, as amended (19 U.S.C. 2171, 2411–2420), and to ensure that the trade policies of the United States advance, to the greatest extent possible, the export of the products and services of the United States and that trade policy resources are used efficiently, it is hereby ordered that Executive Order No. 12901 of March 3, 1994, is amended in section 1 by inserting in the first sentence ‘‘1996’’ in place of ‘‘1994’’ and ‘‘1997’’ in place of ‘‘1995.’’ œ–
THE WHITE HOUSE, September 27, 1995. [FR Doc. 95–24649 Filed 9–29–95; 11:26 am] Billing code 3195–01–P i
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CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–026–00042–5) ...... 33.00 Jan. 1, 1995 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–026–00043–3) ...... 27.00 Jan. 1, 1995 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–026–00044–1) ...... 13.00 Jan. 1, 1995 numbers, prices, and revision dates. 200–1199 ...... (869–026–00045–0) ...... 23.00 Jan. 1, 1995 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–026–00046–8) ...... 16.00 Jan. 1, 1995 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–026–00047–6) ...... 15.00 Jan. 1, 1995 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–026–00048–4) ...... 26.00 Jan. 1, 1995 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... 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(869–026–00063–8) ...... 12.00 Apr. 1, 1995 5 Parts: 1–699 ...... (869–026–00004–2) ...... 23.00 Jan. 1, 1995 20 Parts: 700–1199 ...... (869–026–00005–1) ...... 20.00 Jan. 1, 1995 1–399 ...... (869–026–00064–6) ...... 20.00 Apr. 1, 1995 1200–End, 6 (6 400–499 ...... (869–026–00065–4) ...... 34.00 Apr. 1, 1995 Reserved) ...... (869–026–00006–9) ...... 23.00 Jan. 1, 1995 500–End ...... (869–026–00066–2) ...... 34.00 Apr. 1, 1995 7 Parts: 21 Parts: 0–26 ...... (869–026–00007–7) ...... 21.00 Jan. 1, 1995 1–99 ...... (869–026–00067–1) ...... 16.00 Apr. 1, 1995 27–45 ...... (869–026–00008–5) ...... 14.00 Jan. 1, 1995 100–169 ...... (869–026–00068–9) ...... 21.00 Apr. 1, 1995 46–51 ...... (869–026–00009–3) ...... 21.00 Jan. 1, 1995 170–199 ...... (869–026–00069–7) ...... 22.00 Apr. 1, 1995 52 ...... (869–026–00010–7) ...... 30.00 Jan. 1, 1995 200–299 ...... (869–026–00070–1) ...... 7.00 Apr. 1, 1995 53–209 ...... (869–026–00011–5) ...... 25.00 Jan. 1, 1995 300–499 ...... (869–026–00071–9) ...... 39.00 Apr. 1, 1995 210–299 ...... (869–026–00012–3) ...... 34.00 Jan. 1, 1995 500–599 ...... (869–026–00072–7) ...... 22.00 Apr. 1, 1995 300–399 ...... (869–026–00013–1) ...... 16.00 Jan. 1, 1995 600–799 ...... (869–026–00073–5) ...... 9.50 Apr. 1, 1995 400–699 ...... (869–026–00014–0) ...... 21.00 Jan. 1, 1995 800–1299 ...... (869–026–00074–3) ...... 23.00 Apr. 1, 1995 700–899 ...... (869–026–00015–8) ...... 23.00 Jan. 1, 1995 1300–End ...... (869–026–00075–1) ...... 13.00 Apr. 1, 1995 900–999 ...... (869–026–00016–6) ...... 32.00 Jan. 1, 1995 1000–1059 ...... (869–026–00017–4) ...... 23.00 Jan. 1, 1995 22 Parts: 1060–1119 ...... (869–026–00018–2) ...... 15.00 Jan. 1, 1995 1–299 ...... (869–026–00076–0) ...... 33.00 Apr. 1, 1995 1120–1199 ...... (869–026–00019–1) ...... 12.00 Jan. 1, 1995 300–End ...... (869–026–00077–8) ...... 24.00 Apr. 1, 1995 1200–1499 ...... (869–026–00020–4) ...... 32.00 Jan. 1, 1995 23 ...... (869–026–00078–6) ...... 22.00 Apr. 1, 1995 1500–1899 ...... (869–026–00021–2) ...... 35.00 Jan. 1, 1995 24 Parts: 1900–1939 ...... (869–026–00022–1) ...... 16.00 Jan. 1, 1995 ...... 1940–1949 ...... (869–026–00023–9) ...... 30.00 Jan. 1, 1995 0–199 (869–026–00079–4) 40.00 Apr. 1, 1995 1950–1999 ...... (869–026–00024–7) ...... 40.00 Jan. 1, 1995 200–219 ...... (869–026–00080–8) ...... 19.00 Apr. 1, 1995 2000–End ...... (869–026–00025–5) ...... 14.00 Jan. 1, 1995 220–499 ...... (869–026–00081–6) ...... 23.00 Apr. 1, 1995 500–699 ...... (869–026–00082–4) ...... 20.00 Apr. 1, 1995 8 ...... (869–026–00026–3) ...... 23.00 Jan. 1, 1995 700–899 ...... (869–026–00083–2) ...... 24.00 Apr. 1, 1995 9 Parts: 900–1699 ...... (869–026–00084–1) ...... 24.00 Apr. 1, 1995 1–199 ...... (869–026–00027–1) ...... 30.00 Jan. 1, 1995 1700–End ...... (869–026–00085–9) ...... 17.00 Apr. 1, 1995 200–End ...... (869–026–00028–0) ...... 23.00 Jan. 1, 1995 25 ...... (869–026–00086–7) ...... 32.00 Apr. 1, 1995 10 Parts: 26 Parts: 0–50 ...... (869–026–00029–8) ...... 30.00 Jan. 1, 1995 §§ 1.0-1–1.60 ...... (869–026–00087–5) ...... 21.00 Apr. 1, 1995 51–199 ...... (869–026–00030–1) ...... 23.00 Jan. 1, 1995 §§ 1.61–1.169 ...... (869–026–00088–3) ...... 34.00 Apr. 1, 1995 200–399 ...... (869–026–00031–0) ...... 15.00 6Jan. 1, 1993 §§ 1.170–1.300 ...... (869–026–00089–1) ...... 24.00 Apr. 1, 1995 400–499 ...... (869–026–00032–8) ...... 21.00 Jan. 1, 1995 §§ 1.301–1.400 ...... (869–026–00090–5) ...... 17.00 Apr. 1, 1995 500–End ...... (869–026–00033–6) ...... 39.00 Jan. 1, 1995 §§ 1.401–1.440 ...... (869–026–00091–3) ...... 30.00 Apr. 1, 1995 11 ...... (869–026–00034–4) ...... 14.00 Jan. 1, 1995 §§ 1.441-1.500 ...... (869-026-00092-1) ...... 22.00 Apr. 1, 1995 §§ 1.501–1.640 ...... (869–026–00093–0) ...... 21.00 Apr. 1, 1995 12 Parts: §§ 1.641–1.850 ...... (869–026–00094–8) ...... 25.00 Apr. 1, 1995 1–199 ...... (869–026–00035–2) ...... 12.00 Jan. 1, 1995 §§ 1.851–1.907 ...... (869–026–00095–6) ...... 26.00 Apr. 1, 1995 200–219 ...... (869–026–00036–1) ...... 16.00 Jan. 1, 1995 §§ 1.908–1.1000 ...... (869–026–00096–4) ...... 27.00 Apr. 1, 1995 220–299 ...... (869–026–00037–9) ...... 28.00 Jan. 1, 1995 §§ 1.1001–1.1400 ...... (869–026–00097–2) ...... 25.00 Apr. 1, 1995 300–499 ...... (869–026–00038–7) ...... 23.00 Jan. 1, 1995 §§ 1.1401–End ...... (869–026–00098–1) ...... 33.00 Apr. 1, 1995 500–599 ...... (869–026–00039–5) ...... 19.00 Jan. 1, 1995 2–29 ...... (869–026–00099–9) ...... 25.00 Apr. 1, 1995 ...... 600–End (869–026–00040–9) 35.00 Jan. 1, 1995 30–39 ...... (869–026–00100–6) ...... 18.00 Apr. 1, 1995 13 ...... (869–026–00041–7) ...... 32.00 Jan. 1, 1995 40–49 ...... (869–026–000101–4) .... 14.00 Apr. 1, 1995 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Reader Aids iii
Title Stock Number Price Revision Date Title Stock Number Price Revision Date 50–299 ...... (869–026–00102–2) ...... 14.00 Apr. 1, 1995 400–424 ...... (869–022–00152–3) ...... 27.00 July 1, 1994 300–499 ...... (869–026–00103–1) ...... 24.00 Apr. 1, 1995 425–699 ...... (869–022–00153–1) ...... 30.00 July 1, 1994 500–599 ...... (869–026–00104–9) ...... 6.00 4 Apr. 1, 1990 700–789 ...... (869–022–00154–0) ...... 28.00 July 1, 1994 600–End ...... (869–026–00105–7) ...... 8.00 Apr. 1, 1995 790–End ...... (869–026–00158–8) ...... 15.00 July 1, 1995 27 Parts: 41 Chapters: 1–199 ...... (869–026–00106–5) ...... 37.00 Apr. 1, 1995 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 200–End ...... (869–026–00107–3) ...... 13.00 8Apr. 1, 1994 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 3–6 ...... 14.00 3 July 1, 1984 28 Parts: ...... 7 ...... 6.00 3 July 1, 1984 1-42 ...... (869–026–00108–1) ...... 27.00 July 1, 1995 8 ...... 4.50 3 July 1, 1984 43-end ...... (869-026-00109-0) ...... 22.00 July 1, 1995 9 ...... 13.00 3 July 1, 1984 29 Parts: 10–17 ...... 9.50 3 July 1, 1984 *0–99 ...... (869–026–00110–3) ...... 21.00 July 1, 1995 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 100–499 ...... (869–026–00111–1) ...... 9.50 July 1, 1995 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 500–899 ...... (869–022–00109–4) ...... 35.00 July 1, 1994 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–026–00113–8) ...... 17.00 July 1, 1995 19–100 ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1901.1 to 1–100 ...... (869–026–00159–6) ...... 9.50 July 1, 1995 1910.999) ...... (869–022–00111–6) ...... 33.00 July 1, 1994 101 ...... (869–022–00157–4) ...... 29.00 July 1, 1994 1910 (§§ 1910.1000 to 102–200 ...... (869–022–00158–2) ...... 15.00 July 1, 1994 end) ...... (869–022–00112–4) ...... 21.00 July 1, 1994 201–End ...... (869–022–00159–1) ...... 13.00 July 1, 1994 1911–1925 ...... (869–022–00113–2) ...... 26.00 July 1, 1994 42 Parts: 1926 ...... (869–022–00114–1) ...... 33.00 July 1, 1994 1–399 ...... (869–022–00160–4) ...... 24.00 Oct. 1, 1994 1927–End ...... (869–022–00115–9) ...... 36.00 July 1, 1994 400–429 ...... (869–022–00161–2) ...... 26.00 Oct. 1, 1994 30 Parts: 430–End ...... (869–022–00162–1) ...... 36.00 Oct. 1, 1994 1–199 ...... (869–022–00116–7) ...... 27.00 July 1, 1994 43 Parts: 200–699 ...... (869–026–00120–1) ...... 20.00 July 1, 1995 1–999 ...... (869–022–00163–9) ...... 23.00 Oct. 1, 1994 700–End ...... (869–022–00118–3) ...... 27.00 July 1, 1994 1000–3999 ...... (869–022–00164–7) ...... 31.00 Oct. 1, 1994 31 Parts: 4000–End ...... (869–022–00165–5) ...... 14.00 Oct. 1, 1994 0–199 ...... (869–026–00122–7) ...... 15.00 July 1, 1995 44 ...... (869–022–00166–3) ...... 27.00 Oct. 1, 1994 200–End ...... (869–022–00120–5) ...... 30.00 July 1, 1994 45 Parts: 32 Parts: 2 1–199 ...... (869–022–00167–1) ...... 22.00 Oct. 1, 1994 1–39, Vol. I ...... 15.00 July 1, 1984 200–499 ...... (869–022–00168–0) ...... 15.00 Oct. 1, 1994 1–39, Vol. II ...... 19.00 2 July 1, 1984 2 500–1199 ...... (869–022–00169–8) ...... 32.00 Oct. 1, 1994 1–39, Vol. III ...... 18.00 July 1, 1984 1200–End ...... (869–022–00170–1) ...... 26.00 Oct. 1, 1994 1–190 ...... (869–022–00121–3) ...... 31.00 July 1, 1994 191–399 ...... (869–026–00125–1) ...... 38.00 July 1, 1995 46 Parts: 400–629 ...... (869–022–00123–0) ...... 26.00 July 1, 1994 1–40 ...... (869–022–00171–0) ...... 20.00 Oct. 1, 1994 630–699 ...... (869–026–00127–8) ...... 14.00 5 July 1, 1991 41–69 ...... (869–022–00172–8) ...... 16.00 Oct. 1, 1994 700–799 ...... (869–022–00125–6) ...... 21.00 July 1, 1994 70–89 ...... (869–022–00173–6) ...... 8.50 Oct. 1, 1994 800–End ...... (869–026–00129–4) ...... 22.00 July 1, 1995 90–139 ...... (869–022–00174–4) ...... 15.00 Oct. 1, 1994 140–155 ...... (869–022–00175–2) ...... 12.00 Oct. 1, 1994 33 Parts: 156–165 ...... (869–022–00176–1) ...... 17.00 7Oct. 1, 1993 1–124 ...... (869–022–00127–2) ...... 20.00 July 1, 1994 166–199 ...... (869–022–00177–9) ...... 17.00 Oct. 1, 1994 125–199 ...... (869–022–00128–1) ...... 26.00 July 1, 1994 200–499 ...... (869–022–00178–7) ...... 21.00 Oct. 1, 1994 200–End ...... (869–026–00132–4) ...... 24.00 July 1, 1995 500–End ...... (869–022–00179–5) ...... 15.00 Oct. 1, 1994 34 Parts: 47 Parts: 1–299 ...... (869–026–00133–2) ...... 25.00 July 1, 1995 0–19 ...... (869–022–00180–9) ...... 25.00 Oct. 1, 1994 300–399 ...... (869–026–00134–1) ...... 21.00 July 1, 1995 20–39 ...... (869–022–00181–7) ...... 20.00 Oct. 1, 1994 400–End ...... (869–022–00132–9) ...... 40.00 July 1, 1994 40–69 ...... (869–022–00182–5) ...... 14.00 Oct. 1, 1994 35 ...... (869–026–00136–7) ...... 12.00 July 1, 1995 70–79 ...... (869–022–00183–3) ...... 24.00 Oct. 1, 1994 80–End ...... (869–022–00184–1) ...... 26.00 Oct. 1, 1994 36 Parts 1–199 ...... (869–026–00137–5) ...... 15.00 July 1, 1995 48 Chapters: 200–End ...... (869–022–00135–3) ...... 37.00 July 1, 1994 1 (Parts 1–51) ...... (869–022–00185–0) ...... 36.00 Oct. 1, 1994 1 (Parts 52–99) ...... (869–022–00186–8) ...... 23.00 Oct. 1, 1994 37 ...... (869–022–00136–1) ...... 20.00 July 1, 1994 2 (Parts 201–251) ...... (869–022–00187–6) ...... 16.00 Oct. 1, 1994 38 Parts: 2 (Parts 252–299) ...... (869–022–00188–4) ...... 13.00 Oct. 1, 1994 0–17 ...... (869–026–00140–5) ...... 30.00 July 1, 1995 3–6 ...... (869–022–00189–2) ...... 23.00 Oct. 1, 1994 18–End ...... (869–026–00141–3) ...... 30.00 July 1, 1995 7–14 ...... (869–022–00190–6) ...... 30.00 Oct. 1, 1994 39 ...... (869–026–00142–1) ...... 17.00 July 1, 1995 15–28 ...... (869–022–00191–4) ...... 32.00 Oct. 1, 1994 29–End ...... (869–022–00192–2) ...... 17.00 Oct. 1, 1994 40 Parts: 1–51 ...... (869–022–00140–0) ...... 39.00 July 1, 1994 49 Parts: 52 ...... (869–022–00141–8) ...... 39.00 July 1, 1994 1–99 ...... (869–022–00193–1) ...... 24.00 Oct. 1, 1994 53–59 ...... (869–022–00142–6) ...... 11.00 July 1, 1994 100–177 ...... (869–022–00194–9) ...... 30.00 Oct. 1, 1994 60 ...... (869-022-00143-4) ...... 36.00 July 1, 1994 178–199 ...... (869–022–00195–7) ...... 21.00 Oct. 1, 1994 61–80 ...... (869–022–00144–2) ...... 41.00 July 1, 1994 200–399 ...... (869–022–00196–5) ...... 30.00 Oct. 1, 1994 81–85 ...... (869–022–00145–1) ...... 23.00 July 1, 1994 400–999 ...... (869–022–00197–3) ...... 35.00 Oct. 1, 1994 86–99 ...... (869–022–00146–9) ...... 41.00 July 1, 1994 1000–1199 ...... (869–022–00198–1) ...... 19.00 Oct. 1, 1994 100–149 ...... (869–022–00147–7) ...... 39.00 July 1, 1994 1200–End ...... (869–022–00199–0) ...... 15.00 Oct. 1, 1994 150–189 ...... (869–022–00148–5) ...... 24.00 July 1, 1994 50 Parts: 190–259 ...... (869–022–00149–3) ...... 18.00 July 1, 1994 1–199 ...... (869–022–00200–7) ...... 25.00 Oct. 1, 1994 260–299 ...... (869–022–00150–7) ...... 36.00 July 1, 1994 200–599 ...... (869–022–00201–5) ...... 22.00 Oct. 1, 1994 300–399 ...... (869–022–00151–5) ...... 18.00 July 1, 1994 600–End ...... (869–022–00202–3) ...... 27.00 Oct. 1, 1994 iv Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Reader Aids
Title Stock Number Price Revision Date Subscription (mailed as issued) ...... 264.00 1995 CFR Index and Findings Individual copies ...... 1.00 1995 Aids ...... (869–026–00053–1) ...... 36.00 Jan. 1, 1995 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. Complete 1995 CFR set ...... 883.00 1995 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations Microfiche CFR Edition: in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. Complete set (one-time mailing) ...... 188.00 1992 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only Complete set (one-time mailing) ...... 223.00 1993 for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, Complete set (one-time mailing) ...... 244.00 1994 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period Apr. 1, 1990 to Mar. 31, 1995. The CFR volume issued April 1, 1990, should be retained. 5 No amendments to this volume were promulgated during the period July 1, 1991 to June 30, 1995. The CFR volume issued July 1, 1991, should be retained. 6 No amendments to this volume were promulgated during the period January 1, 1993 to December 31, 1994. The CFR volume issued January 1, 1993, should be retained. 7 No amendments to this volume were promulgated during the period October 1, 1993, to September 30, 1994. The CFR volume issued October 1, 1993, should be retained. 8 No amendments to this volume were promulgated during the period April 1, 1994 to March 31, 1995. The CFR volume issued April 1, 1994, should be retained. Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Reader Aids v
CFR ISSUANCES 1995 24 Parts: JanuaryÐJuly 1995 Editions and Projected October, 18 Parts: 0±199 1995 Editions 1±149 200±499 150±279 500±699 280±399 700±1699 This list sets out the CFR issuances for the January±July 1995 400±End 1700±End editions and projects the publication plans for the October, 1995 quarter. A projected schedule that will include the January, 1996 19 Parts: 25 quarter will appear in the first Federal Register issue of January. 1±140 For pricing information on available 1994±1995 volumes 141±199 26 Parts: consult the CFR checklist which appears every Monday in 200±End 1 (§§ 1.0-1±1.60) the Federal Register. 1 (§§ 1.61±1.169) Pricing information is not available on projected issuances. The 20 Parts: 1 (§§ 1.170±1.300) weekly CFR checklist and the monthly List of CFR Sections 1±399 1 (§§ 1.301±1.400) 400±499 Affected will continue to provide a cumulative list of CFR titles 1 (§§ 1.401±1.440) 500±End and parts, revision date and price of each volume. 1 (§§ 1.441±1.500) 1 (§§ 1.501±1.640) Normally, CFR volumes are revised according to the following 21 Parts: schedule: 1±99 1 (§§ 1.641±1.850) 1 (§§ 1.851±1.907) Titles 1±16ÐJanuary 1 100±169 170±199 1 (§§ 1.908±1.1000) Titles 17±27ÐApril 1 1 (§§ 1.1001±1.1400) Titles 28±41ÐJuly 1 200±299 300±499 1 (§ 1.1401±End) Titles 42±50ÐOctober 1 500±599 2±29 All volumes listed below will adhere to these scheduled revision 600±799 30±39 dates unless a notation in the listing indicates a different revision 800±1299 40±49 date for a particular volume. 1300±End 50±299 300±499 Titles revised as of January 1, 1995: 22 Parts: 500±599 (Cover only) 1±299 600±End Title 300±End CFR Index 1±199 27 Parts: 200±End 23 1±199 1±2 200±End (Cover only) 10 Parts: 3 (Compilation) 0±50 Titles revised as of July 1, 1995: 51±199 Title 4 200±399 (Cover only) 28 Parts: 34 Parts: 400±499 0±42 1±299 5 Parts: 500±End 1±699 43±End 300±399 400±End 700±1199 11 1200±End 29 Parts: 0±99 35 12 Parts: 6 [Reserved] 100±499 1±199 500±899 36 Parts: 200±219 7 Parts: 900±1899 1±199 220±299 0±26 1900±1910 (§§ 1901.1± 200±End 300±499 27±45 1910.999) 46±51 500±599 1910 (§§ 1910.1000±End) 37 52 600±End 1911±1925 53±209 1926 38 Parts: 210±299 13 1927±End 0±17 300±399 18±End 400±699 14 Parts: 30 Parts: 700±899 1±59 1±199 39 900±999 60±139 200±699 1000±1059 140±199 700±End 40 Parts: 1060±1119 200±1199 1±51 1120±1199 1200±End 31 Parts: 52 1200±1499 0±199 53±59 1500±1899 15 Parts: 200±End 60 1900±1939 0±299 61±71 1940±1949 300±799 32 Parts: 72±85 1950±1999 800±End 1±190 86 2000±End 191±399 87±149 16 Parts: 400±629 150±189 8 0±149 630±699 (Cover only) 190±259 150±999 700±799 260±299 9 Parts: 1000±End 800±End 300±399 400±424 Titles revised as of April 1, 1995: 33 Parts: 425±699 1±124 700±789 Title 125±199 790±End 200±End 17 Parts: 200±239 41 Parts: 1±199 240±End vi Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Reader Aids
Chs. 1±100 Chs. 102±200 156±165 Chs. 7±14 Ch. 101 Ch. 201±End 166±199 Ch. 15±28 200±499 Ch. 29±End Projected October 1, 1995 editions: 500±End 49 Parts: Title 47 Parts: 1±99 0±19 42 Parts: 45 Parts: 100±177 20±39 178±199 1±399 1±199 40±69 200±399 400±429 200±499 70±79 400±999 430±End 500±1199 80±End 1200±End 1000±1199 43 Parts: 48 Parts: 1200±End 1±999 46 Parts: Ch. 1 (1±51) 1000±3999 1±40 Ch. 1 (52±99) 50 Parts: 4000±End 41±69 Ch. 2 (201±251) 1±199 70±89 Ch. 2 (252±299) 200±599 44 90±139 Chs. 3±6 600±End 140±155 Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 / Reader Aids vii
TABLE OF EFFECTIVE DATES AND TIME PERIODSÐOCTOBER 1995
This table is used by the Office of the dates, the day after publication is A new table will be published in the Federal Register to compute certain counted as the first day. first issue of each month. dates, such as effective dates and When a date falls on a weekend or comment deadlines, which appear in holiday, the next Federal business day agency documents. In computing these is used. (See 1 CFR 18.17)
DATE OF FR 15 DAYS AFTER 30 DAYS AFTER 45 DAYS AFTER 60 DAYS AFTER 90 DAYS AFTER PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION
October 2 October 17 November 1 November 16 December 1 January 2
October 3 October 18 November 2 November 17 December 4 January 2
October 4 October 19 November 3 November 20 December 4 January 2
October 5 October 20 November 6 November 20 December 4 January 3
October 6 October 23 November 6 November 20 December 5 January 4
October 10 October 25 November 9 November 24 December 11 January 8
October 11 October 26 November 13 November 27 December 11 January 9
October 12 October 27 November 13 November 27 December 11 January 10
October 13 October 30 November 13 November 27 December 12 January 11
October 16 October 31 November 15 November 30 December 15 January 16
October 17 November 1 November 16 December 1 December 18 January 16
October 18 November 2 November 17 December 4 December 18 January 16
October 19 November 3 November 20 December 4 December 18 January 17
October 20 November 6 November 20 December 4 December 19 January 18
October 23 November 7 November 22 December 7 December 22 January 22
October 24 November 8 November 24 December 8 December 26 January 22
October 25 November 9 November 24 December 11 December 26 January 23
October 26 November 13 November 27 December 11 December 26 January 24
October 27 November 13 November 27 December 11 December 26 January 25
October 30 November 14 November 29 December 14 December 29 January 29
October 31 November 15 November 30 December 15 January 2 January 29