9-27-83 Tuesday Vol. 48 No. 188 September 27, 1983 Pages 44057-44162

Selected Subjects

Animal Welfare Animal and Plant Health Inspection Service Arms and Munitions Alcohol, Tobacco and Firearms Bureau Authority Delegations (Government Agencies) Transportation Department Civil Defense Federal Emergency Management Agency Employment Taxes Internal Revenue Service Energy Conservation Energy Department Estate Taxes Internal Revenue Service Government Employees Personnel Management Office Highway Safety Federal Highway Administration Mortgage Insurance Federal Housing Commissioner—Office of Assistant Secretary for Housing National Banks Comptroller of Currency Public Housing Housing and Urban Development Department

CONTINUED INSIDE n Federal Register / Vol. 48, No. 188 / Tuesday, September 27,1983 / Selected Subjects ______■M iiiii'inBiiTM m nrrT-' "in ~ Selected Subjects

FEDERAL REGISTER Published daily, Monday through Friday, Quarantine (not published on Saturdays, Sundays, or on official holidays), Animal and Plant Health Inspection Service by the Office of the Federal Register, National Archives and Sunshine Act Records Service, General Services Administration, Washington, Administrative Conference of United States D.C. 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C. Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Federal agencies. These include Presidential proclamations and Executive Orders and Federal agency documents having general applicability and legal effect, documents required to be published by Act of Congress and other Federal agency documents of public interest. Documents are on file for public inspection in die Office of the Federal Register the day before they are published, unless earlier filing is requested by the issuing agency. The Federal Register will be furnished by mail to subscribers for $300.00 per year, or $150.00 for six months, payable in advance. The charge for individual copies is $1.50 for each issue, or $1.50 for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington D.C. 20402.

There are no restrictions on the republication of material appearing in the Federal Register.

Questions and requests for specific information may be directed to the telephone numbers listed under INFORMATION AND ASSISTANCE in the READER AIDS section of this issue. Contents Federal Register

Vol. 48, No. 188

Tuesday, September 27, 1983

The President Com ptroller x>f Currency PROCLAMATIONS i RULES 44057 Sugars, sirupi3, and molasses, import modifications National banks: (Proc. 5104) 44062 Credit extensions to executive officers, directors, Executive Agencies and principal shareholders and related interests PROPOSED RULES National banks: Administrative Conference of United States PROPOSED RULES 44083 Corporate activities; rules, policies, and procedures 44082 Sunshine Act; administration improvements 44085 Insider indebtedness to National bank and its Agricultural Marketing Service correspondent banks; reports and disclosure PROPOSED RULES 44083 Seeds, agricultural and vegetable, quality Conservation and Renewable Energy Office RULES inspection and certification; extension of time Residential conservation service program: Agricultural Department 44146 Federal standby plan S ee a lso Agricultural Marketing Service; Animal and Plant Health Inspection Service; Forest Defense Department Service. S ee a ls o Air Force Department; Army Department; NOTICES Engineers Corps. 44093 Privacy Act; systems of records NOTICES 44102 Agency information collection activities under Air.Force Department OMB review NOTICES Meetings: Meetings; 44103 Science Board 44103 Scientific Advisory Board 44103 Science Board task forces Alcohol, Tobacco, and Firearms Bureau PROPOSED RULES Drug Enforcement Administration Firearms and ammunition, commerce; NOTICES 44088 Sales at organized gun shows 44127 International drug scheduling; exemption criteria; inquiry Animal and Plant Health inspection Service r u l e s Education Department Animal exports; NOTICES 44061 Indianapolis, Ind., ports of embarkation; Grants; availability, etc.: additions; affirmation of interim 44104 Vocational education for Indian tribes and organizations Antitrust Division NOTICES Competitive impact statements and proposed Employment and Training Administration consent judgments; NOTICES 44126 Toro Manufacturing Corp. I Adjustment assistance: 4(4129 Allied Chemical Co. et aL Army Department 44129 C.G.R. Medical Corp. et al. S ee a ls o Engineers Corps. NOTICES Energy Department Meetings: S ee Conservation and Renewable Energy Office. 44104 Medical Research and Development Advisory Committee Engineers Corps Civil Rights Commission NOTICES NOTICES Environmental statements; availability, etc.: 44144 Meetings; Sunshine Act 44103 Scioto River, West Columbus, Ohio

Commerce Department Environmental Protection Agency S ee International Trade Administration; PROPOSED RULES National Oceanic and Atmospheric Administration. Water pollution; effluent guidelines for point source categories: Commodity Futures Trading Commission 44091 Best conventional pollutant control technology n o t ic e s 44102 (BCT) guidelines; withdrawal of data for public Privacy Act; systems of records comment IV Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Contents

NOTICES NOTICES Toxic and hazardous substances control: Freight forwarder licenses: 44109 44105 Interagency Testing Committee; responses, etc.; ' Atlantic Caribbean Shipping Co. antimony metal, trioxide, and sulfide; correction Federal Reserve System 44105 Premanufacture notices review period extensions NOTICES 44110 Agency information collection activities under Federal Aviation Administration OMB review; correction RULES Applications, etc.: Airworthiness directives: 44110 F. Deposit Corp. et al. 44063 Piper Bank holding companies; proposed de novo NOTICES nonbank activities: Airport noise compatibility program: 44110 Citicorp, New York * 44140 San Francisco International Airport 44144 Meetings; Sunshine Act Meetings: 44140 Aeronautics Radio Technical Commission (3 Food and Drug Administration documents) RULES 44139 Air traffic control procedures and special use Animal drugs, feeds, and related products: airspace; Eastern Region 44064 Tylosin; correction (2 documents) Food additives: Federal Communications Commission 44064 Polymers; polyester resins, cross-linked; NOTICES correction PROPOSED RULES Hearings, etc. Food for human consumption: 44106 Carney, Billy B., et al. 44087 Cheeses and related cheese products; milk, 44106 Fox Com, Ltd., et al. cream, and cheese substitutes; identity 44107 Greater Peninsula Media, Inc., et al. standards; withdrawn; correction Meetings: NOTICES 44107 Ruarch Associates et al. - Animal drugs, feeds, and related products: 44107 Radio Advisory Committee 44113 Freedom of information summaries, draft 44108 Telecommunications Industry Advisory Group guidelines; availability and inquiry; correction Food additive petitions: Federal Emergency Management Agency 44113 C. V. Chemi Combinatie Amsterdam C.C.A.; RULES correction 44076 Preparedness; CFR parts removed 44113 Standard Oil Co. (Indiana); withdrawn; PROPOSED RULES correction Flood elevation determinations: Food for human consumption: 44091 Alabama; correction 44113 Bread, enriched; identity standard deviation; NOTICES temporary permit for market testing Disaster and emergency areas: Bread, enriched; identity standard deviation; 44108 Arizona 44113 temporary permit for market testing; correction 44108 California 44108 Texas Forest Service Meetings: NOTICES 44108 National Fire Academy Board of Visitors Meetings: Radiological emergency; State plans: 44098 Pacific Crest National Scenic Trail Advisory 44109 Florida Council

Federal Highway Administration Health and Human Services Department RULES S ee Food and Drug Administration. Engineering and traffic operations: 44064 Construction and maintenance; contract Housing and Urban Development Department procedures S ee a lso Federal Housing Commissioner—Office of 44064 Railroad-highway projects; construction and Assistant Secretary for Housing. reimbursement; extension of effective date RULES 44071 Public and Indian housing, etc.; Chapter Federal Housing Commissioner—Office of establishment and reorganization Assistant Secretary for Housing NOTICES RULES Authority delegations: Mortgage and loan insurance programs: 44114 Seattle Regional Office, Region IX; order of 44068 Multifamily programs; bonding requirements succession 44066 Mutual mortgage and rehabilitation loans; disaster victims Interior Department S ee a lso Land Management B u r e a u ; Minerals Federal Maritime Commission Management Sendee; National Park Service. PROPOSED RULES NOTICES 44091 Shipping in foreign trade of United States; filing of Environmental statements; availability, etc.: petition by Sea Land Service, Inc. 44114 Draft statements withdrawn Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Contents V

Internal Revenue Service 44121 Idaho RULES 44117 Oregon Employment taxes: 44114 Income tax withholding; increases Merit Systems Protection Board PROPOSED RULES NOTICES Estate and gift taxes: 44132 Privacy Act; systems of records 44087 Employee retirement benefits excluded from gross estate Mine Safety and Health Administration NOTICES International Development Cooperation Agency Petitions for mandatory safety standard NOTICES modifications: 44124 Agency information collection activities under 44130 Kentland-Elkhom Coal Corp. OMB review Minerals Management Service International Trade Administration NOTICES NOTICES Outer Continental Shelf; oil, gas, and sulphur Antidumping: operations; development and production plans: 44099 Lightweight polyester filament fabric from Japan 44121, Chevron, U.S.A., Inc. (2 documents) 44100, Television receiving sets, monochrome and color, 44122 44101 from Japan (2 documents) 44122 Exxon Co., U.S.A. Scientific articles; duty free entry: 44122 Superior Oil Co. 44098 Brookhaven National Laboratory 44099 SRI International National Highway Traffic Safety Administration 44098 University of Notre Dame et al. RULES Interstate Commerce Commission 44081 Highway safety program; amendments NOTICES NOTICES Railroad operation, acquisition, construction, etc.: Motor vehicle safety standards; exemption petitions, etc.: 44125 Atchison, Topeka & Santa Fe Railway et al. 44141 Carabela USA Inc. 44125 Boston & Maine Corp. 44125 CSX Corp. 44126 Missouri Pacific Railroad Co. National Labor Relations Board 44126 Norfolk & Western Railway Co. et al. NOTICES 44144 Meetings; Sunshine Act Justice Department S ee a lso Antitrust Division; Drug Enforcement National Oceanic and Atmospheric Administration. Administration NOTICES NOTICES Pollution control; consent judgments: Meetings: 44126 Hodges, Lloyd, et al. 44101 Mid-Atlantic Fishery Management Council Labor Department S ee a lso Employment and Training Administration; National Park Service Mine Safety and Health Administration; Pension NOTICES and Welfare Benefit Programs Office. Historic Places National Register; pending NOTICES nominations: 44128 Agency information collection activities under 44123 Arkansas et al. OMB review Meetings: 44124 Cape Cod National Seashore Advisory Land Management Bureau Commission n o t ic e s Alaska native claims selection; applications, etc.: National Science Foundation 44115 Gana-a’Yoo, Ltd. RULES 44115 Paug-Vik, Inc., Ltd. 44077 Financial interests; procedures and criteria for Conveyance of public lands: 44117 resolving questions involving moral character or Idaho (2 documents) loyalty of applicants for fellowships; exemption Environmental statements; availability, etc.: NOTICES 44119 Medford grazing management plan, Oreg. Committees; establishment, renewals, terminations, Exchange of public lands for private land: etc.: 44119 California 44134 DOE/NSF Nuclear Science Advisory Committee Meetings: Meetings: 44120 Winnemucca District Advisory Council 44133 Engineering Advisory Committee Motor vehicles, off-road, etc.; area closures and openings: National Transportation Safety Board 44120 Oregon NOTICES Resource management plans: 44144 Meetings; Sunshine Act 44118 Pinedale Resource Area, Rock Springs District, Wyo. Neighborhood Investment Corporation Sale of public lands: NOTICES 44117 Arizona 44144 Meetings; Sunshine Act VI Federal Register / Vol. 48, No. 188 / Tuesday, September 27,1983 / Contents

Nuclear Regulatory Commission NOTICES Applications, -etc.: 44134 Long Island Lighting Co. 44135 Texas Utilities Generating Co. et al. Environmental statements; availability, etc.; 44134 Teton Exploration Drilling Co., Inc.

Pacific Northwest Electric Power and Conservation Planning Council NOTICES - 44144 Meetings; Sunshine Act

Pension and Welfare Benefit Programs Office NOTICES Employee benefit plans; prohibited transaction exemptions: 44130 Pillsbury, Madison & Sutro et al. -

Personnel Management Office RULES 44059 Alternative work schedules; hours of duty; extension

Securities and Exchange Commission NOTICES Hearings, etc.: 44135 American Birthright Trust, et al. 44136 American Electric Power Co., Inc. 44136 CIGNA Capital Advisers, Inc. 44138 Columbus & Southern Ohio Electric Co. 44138 GMD Investment Corp. Self-regulatory organizations; proposed rule changes: 44139 Boston Stock Exchange Clearing Corp.

Transportation Department S ee a lso Federal Aviation Administration; Federal Highway Administration; National Highway Traffic Safety Administration. RULES Organization, functions, and authority delegations: 44079 Coast Guard Commandant; alteration or removal of bridges 44078 Public Affairs Assistant Secretary

Treasury Department S ee a lso Alcohol, Tobacco and Firearms Bureau; Comptroller of Currency; Internal Revenue Service. NOTICES 44142 Agency information collection activities under OMB review

Separate Parts in This Issue

Part li 44146 Department of Energy; Conservation and Renewable Energy Office Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Contents

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.

1 CFR 4 2 9 ...... 44091 Proposed Rules: 43 0 ...... 44091 43 1 ...... 44091 Ch. Ill...... 44082 43 2 ...... 44091 3 CFR 433 ...... 44091 Proclamations: 440...... 44091 4951 (See Proc. 5 1 0 4 ). .. 44057 44 CFR 5104...... 44057 305...... 44076 5 CFR 307...... 44076 610...... 44059 310...... 44076 620...... 44059 Proposed Rules: 630...... 44059 67...... 44091 7 CFR 45 CFR Proposed Rules: 602...... 44077 68...... 44083 6 1 0 ...... 44077 75...... 44083 635...... 44077 650...... 44077 9 CFR 91...... 1...... 44061 46 CFR 10 CFR Proposed Rules: 456...... 44146 502...... 44091 512...... 44091 12 CFR 531...... 44091 31...... 44062 49 CFR Proposed Rules: 1 (2 documents)i...... 44078, 5...... 1...... 4 4 0 8 3 2 3 ...... ;_____ .. 44085 44079 511...... 44081 14 CFR 520...... 44081 39...... , 44063 551...... 44081 21 CFR 553...... 44081 555 ...... 44081 177...... 44064 556 ...... 44081 558 (2 documents)...... 44064 572...... ; ...;.. 44081 Proposed Rules: 573...... 44081 131...... ■ ■ ; - .44087 574 ...... 44081 133...... M .44087 575 ...... 44081 23 C FR 140...... 920.....„...... 924...... 24 C FR Ch. IX...... 4 4 0 7 1 Ch. X...... 4 4 0 7 1 Ch. XI...... 2 0 0 ...... ■ 203...... 205...... 207...... ™ 213...... 221...... 232...... 241...... 242...... 244...... 26 CFR 31...... 44072 Proposed Rules: 20...... 27 CFR Proposed Rules: 178...... 1..... 40 CFR Proposed Rules: 405 .. 44091 406 ...... 44091 407 ..... 44091 408 . 44091 409 . 44091 411 ...... 44091 412 . 44091 422...... 44091 424..... 44091 426...... 44091

4 4 0 5 7 Federal Register Presidential Documents Vol. 48, No. 188

Tuesday, September 27, 1983

Title 3— Proclamation 5104 of September 23, 1983

The President Modification of Country Allocations of Quotas on Certain Sugars, Sirups and Molasses

By the President of the United States of America

A Proclamation

1. Headnote 2 of subpart A, part 10, schedule 1 of the Tariff Schedules of the United States (19 U.S.C. 1202), hereinafter referred to as the “TSUS”, provides in relevant part as follows: (i) . . . if the President finds that a particular rate not lower than such January 1,1968, rate, limited by a particular quota, may be established for any articles provided for in items 155.20 or 155.30, which will give due considera­ tion to the interests in the United States sugar market of domestic producers and materially affected contracting parties to the General Agreement on Tariffs and Trade, he shall proclaim such particular rate and such quota limitation,. . .”

(ii) . . any rate and quota limitation so established shall be modified if the President finds and proclaims that such modification is required or appropriate to give effect to the above considerations;. . 2. Headnote 2 was added to the TSUS by Proclamation 3822 of December 16, 1967 (82 Stat. 1455) to carry out a provision in the Geneva (1967) Protocol of the General Agreement on Tariffs and Trade (Note 1 of Unit A, Chapter 10, Part I of Schedule XX; 19 U.S.T., Part II, 1282). The Geneva Protocol is a trade agreement that was entered into and proclaimed pursuant to section 201(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1821(a)). Section 201(a) of the Trade Expansion Act authorizes the President to proclaim the modification or continuance of any existing duty or other import restriction or such additional import restriction as he determines to be required or appropriate to carry out any trade agreement entered into under the authority of that Act.

3. By Proclamation 4941 of May 5, 1982 (47 FR 19661), I modified the quantita­ tive limitations on the importation into the United States of certain sugars, sirups and molasses established in headnote 3 pursuant to the authority in headnote 2 and provided for a country-by-country allocation of the quota quantity established therein.

4 .1 find the additional modifications of the quantitative limitations which are hereinafter proclaimed are appropriate to carry out the trade agreement described in paragraph 2 of this Proclamation and the International Sugar Agreement, 1977 (31 U.S.T. 5135), and give due consideration to the interests in the United States sugar market of domestic producers and materially affected contracting parties to the General Agreement on Tariffs and Trade.

NOW, THEREFORE, I, RONALD REAGAN, President of the United States of America, by the authority vested in me by the Constitution and Statutes of the United States, including section 201 of the Trade Expansion Act of 1962, Section 301 of Title 3 of the United States Code, the International Sugar Agreement, 1977, Implementation Act (7 U.S.C. 3601 e t s e q .), and notwith­ standing Executive Order 12224, and in conformity with headnote 2 of subpart -s A, part 10, schedule 1 of the TSUS, do hereby proclaim until otherwise superseded: A. Notwithstanding the provisions of Proclamation 4941, as amended, para­ graph (c)(i) of headnote 3 of subpart A, part 10, schedule 1 of the^TSUS is modified by designating the note at the end of the table NOTE 1 and by adding the following new note:

“NOTE 2: Beginning with the quota year beginning September 26,1983, the quota allocations for Nicaragua, Costa Rica, El Salvador and Honduras shall be as follows:

Nicaragua ... V | V v v wi Iwl 1 IVI IO» • O»» VUIUw El Salvador. 2.6 percent of the total base quota amount permitted to be imported under paragraphs (a) and (b) of this headnote plus 18 percent of the difference between 2.1 percent of the total base quota amount and 6,000 short tons, raw value Honduras... 1.0 percent of the total base quota amount plus 52 percent of the difference between 2.1 percent of the total base quota amount and 6,000 short tons, raw value . . . ~ Costa Rica. 1.5 percent of the total base quota amount plus 30 percent of the difference between 2.1 percent of the total base quota amount and 6,000 short tons, raw value”

B. The provisions of this Proclamation shall be effective for sugars, sirups, and molasses, entered or withdrawn from warehouse for consumption, on or after September 26,1983. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of September, in the year of our Lord nineteen hundred and eighty-three, and of the Independence of the United States of America the two hundred and eighth.

crvAJ^Uk^

[FR Doc. 83-26505 Filed 9-26-83; 11:00 am] Billing code 3195-01-M 4 4 0 5 9

Rulés and Regulations Federal Register Vol. 48, No. 188

Tuesday, September 27, 1983

This section of the FEDERAL REGISTER published. The comments and our contains regulatory documents having The proposed regulations provided actions on those comments are that a part-time employee on a flexible general applicability and legal effect, most summarized below. of which are keyed to and codified in schedule is entitled to basic pay with the Code of Federal Regulations, which is The final regulations are similar to the respect to a holiday for the number of published under 50 titles pursuant to 44 proposed regulations and will provide hours the employee is scheduled to work U.S.C. 1510. necessary direction to the agencies for on that day. Two agencies suggested The Code of Federal Regulations is sold administration of this law. They contain that the meaning of “scheduled” be by the Superintendent of Documents. clarified in the regulations. Guidance on Prices of new books are listed in the only a few editorial changes for first FEDERAL REGISTER issue of each increased clarity and an added the meanings of “scheduled,” similar to month. amendment to § 610.111. that provided in Appendix C of Book 610, FPM Supplement 990-2, regarding Establishment of Workweeks excused absence in special An amendment has been added to circumstances (e.g., hazardous weather), OFFICE OF PERSONNEL will be provided to agencies in Book 610 MANAGEMENT § 610.111 to clarify the relationship between flexible and compressed work so that they have the ability to 5 CFR Parts 610,620, and 630 schedules and work schedules administer these provisions in a manner established under subchapter 1 of which is most efficient for their Hours of Duty: Alternative Work chapter 61, title 5, United States Code. individual cases. The three methods for Schedules The final regulations establish that a determining the employee’s typical flexible or compressed schedule is a schedule are: constant pattern of the a g en c y : Office of Personnel scheduled tour of duty and all work schedule (e.g., employee always works Management. performed by an employee within the eight hours on Mondays); predominant a c tio n : Final rulemaking. basic work requirement is considered pattern of the schedule (e.g., employee regularly scheduled work for premium has worked six hours four of the last s u m m a r y : The Congress has passed pay and hours of duty purposes. five Mondays); and variable pattern of legislation authorizing the Alternative the schedule (e.g., since there is such Work Schedules (AWS) program for Time Accounting variation in the employee’s schedule another three years. Pub. L. 9 5 -3 9 0 , the Two agencies proposed that the that there is no discernible pattern, the Federal Employees Flexible and average number of hours worked per regulations provide additional guidance Compressed Work Schedules Act of day is the best estimate of the schedule.) on specific time accounting procedures 1978, previously providing for the AWS One union and one individual that must be used. General guidance on experimental program, has been time accounting for employees work questioned whether employees are replaced by this non-experimental three- entitled to in-lieu-of days for holidays flexible and compressed work schedules year program. The final regulations are which fall on a day off under a is contained in FPM Bulletin 610-35 and similar to the proposed regulations will be included in Book 610 of FPM compressed schedule. A nonworkday on published on September 17,1982, (47 FR a compressed schedule is no different Supplement 990—2. OPM is not regulating 41136) containing only a few changes for from any other nonworkday, e.g., specific time accounting procedures in clarity, and will provide necessary Saturday or Sunday. Under an AWS direction to the agencies for order to provide agencies with the flexibility needed to match time schedule a full-time employee is entitled administration of this law. accounting procedures with the to an in-lieu-of day if a holiday falls on a e f f e c t iv e d a t e : 2 7 ,1 9 8 3 . nonworkday. No special regulation is October requirements of specific worksites. required. A part-time employee is not FOR FURTHER INFORMATION CONTACT: Therefore no additional time accounting entitled to in-lieu-of holidays. Dr. Raymond J. Kirk, (202) 632-4614. requirements are being established. Two agencies commented that SUPPLEMENTARY INFORMATION: On The requirements established by the employees on compressed schedules September 17,1982, OPM published General Accounting Office for agencies Proposed regulations (47 FR 41136) for should be limited to eight hours off on a regarding time accounting for Federal holiday. The language of 5 U.S.C. 6128(d) the administration of flexible and civilian employees may be found in compressed work schedules established governing premium pay for holidays is §§ 17.2 and 17.3 of title 6 of the General identical to the language in § 203 of Pub. under subchapter II of chapter 61 of title Accounting Office Policies and ■ United States Code. Those regulations L 95-390. During the AWS Experimental Procedures Manual for Guidance of Program, OPM had interpreted this provided requirements for time Federal Agencies. accounting, treatment of holidays for section of the law to provide that -time and part-time employees, and Holidays employees were entitled to receive basic teave accrual for part-time employees pay for the number of hours of the We had several comments about the compressed work schedule on the We received comments on those treatment of holidays for part-time Proposed regulations from six agencies, holiday, e.g., on a 4-10 schedule employees on flexible schedules, employees receive 10 hours of base pay p 9 , r or8anizations representing employees’ entitlement to in-lieu-of days on a holiday. A Comptroller General federal employees, one private for holidays on compressed schedules, company and two individuals. Three of decision (B-196653, December 31,1979) and employees’ entitlement to basic pay concurred that OPM’s determination agencies indicated that they concurred for the number of hours of the With the proposed regulations as was in accordance with the law. compressed work schedule on a holiday. Therefore, we retained the provision in 44060 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations the proposed regulations and in the final U.S. Office of Personnel Management. Sec. regulations. Donald ). Devine, 610.407 Premium pay for holiday work for employees on compressed work Director. Leave Administration schedules. Accordingly, Parts 610, 620, and 630 of § 610.401 General. Two agencies commented that the Title 5 of the Code of Federal regulations should contain guidance on Regulations are amended as follows: This subpart contains regulatory administration of administrative leave requirements prescribed by the Office of and military leave. Administrative leave PART 610—HOURS OF DUTY Personnel Management to implement is administered the same for alternative certain provisions of subchapter 11 of work schedules as it is for other types of 1. In § 610.111, paragraphs (a)(1) and chapter 61 of title 5, United States Code. work schedules. That is, there is no (2) are revised and paragraph (d) is These regulations supplement that change in the authority of the head of an added to read as follows: subchapter and must be read together agency tp grant administrative leave. § 610.111 Establishment of workweeks, with it. Guidance on the administration of (a )* * * § 610.402 Coverage. administrative leave and military leave The regulations contained in this will be contained in Subchapter S4, (1) A basic workweek of 40 hours subpart apply only to flexible work Book 610, FPM Supplement 990-2 which which does not extend over more than 6 of any 7 consecutive days. Except as schedules and compressed work is currently being developed. provided in paragraphs (b), (c), and (d) schedules established under subchapter of this section, the regulation shall 11 of chapter 61 of title 5, United States Part-Time Employment specify the days and hours within the Code. One agency suggested that the change administrative workweek that constitute § 610.403 Definitions. to the definition of part-time the basic workweek. In this subpart “Agency” and employment in 5 U.S.C. 3401(2) made by (2) A regularly scheduled "Employee” have the meaning given Pub. L. 97-221 should be included in Part administrative workweek that consists these terms in section 6121 of title 5, 610, 5 CFR. This recommendation has of the 40-hour basic workweek United States Code. established in accordance with not been incorporated because part-time § 610.404 Requirement for time­ employment is dealt with in Part 340, paragraph (a)(1) of this section, plus the period of regular overtime work, if any, accounting method. and it is unnecessary to include it in required of each employee. Except as An agency that authorizes a flexible Part 610. provided in paragraphs (b), (c), and (d) work schedule or a compressed work of this section, the regulation, for schedule under this subpart shall Evaluation and Training purposes of leave and overtime pay establish a time-accounting method that A private company commented on the administration, shall specify by days will provide affirmative evidence that need for training on and evaluation of and hours of each day the periods each employee subject to the schedule has worked the proper number of hours alternative work schedules. In included in the regularly scheduled in a biweekly pay period. accordance with 5 U.S.C. 6133, OPM will administrative workweek that do not provide appropriate educational constitute a part of the basic workweek. § 610.405 Holiday for part-time employees ♦ - * * * * material, and technical aids and on flexible work schedules. assistance, for use by an agency in (d) When the head of an agency If a part-time employee is relieved or connection with establishing and establishes a flexible or compressed prevented from working on a day within maintaining alternative work schedules. work schedule under section 6122 or the employee’s scheduled tour of duty OPM will also evaluate the program’s section 6127 of title 5, United States that is designated as a holiday by operation. Code, he or she shall establish a basic Federal statute or Executive order, the work requirement for each employee as employee is entitled to basic pay with respect to the holiday for the number of E .0 .12291, Federal Regulation defined in section 6121 of title 5, United States Code. A flexible or compressed horns the employee is scheduled to work OPM has determined that this is not a work schedule is a scheduled tour of on that day, not to exceed 8 hours. major rule as defined under Section 1(b) duty and all work performed by an When a holiday falls on a nonworkday of E .0 .12291, Federal Regulation. employee within the basic work of a part-time employee, he or she is not requirement is considered regularly entitled to an in-lieu-of day for that Regulatory Flexibility Act scheduled work for premium pay and holiday. I certify that this regulation will not hours of duty purposes. § 610.406 Holiday for employees on compressed work schedules. have a significant economic impact on a 2. Subpart D, § § 610.401 through substantial number of small entities 610.408, is added to read as follows: (a) If a full-time employee is relieved because the regulation concerns the pay or prevented from working on a day and hours of duty of Federal employees Subpart D—Flexible and Compressed Work designated as a holiday by Federal Schedules only. statute or Executive order, the employee Sec. is entitled to basic pay for the number of List of Subjects 610.401 General. hours of the compressed work schedule 5 CFR Part 610 610.402 Coverage. on that day. 610.403 Definitions. (b) If a part-time employee is relieved Government employees, Holidays, 610.404 Requirement for time-accounting or prevented from working on a day Wages. method. 610.405 Holiday for part-time employees on within the employee's scheduled tour of 5 CFR Part 630 flexible work schedules. duty that is designated as a holiday by 610.406 Holiday for employees on Federal statute or Executive order, the Government employees. compressed work schedules. employee is entitled to basic pay for the / Tuesday, September 27, 1983 / Rules and Regulations 44061

number of hours of the compressed interim rule which added Indianapolis, Federal, State or local government work schedule on that day. When a Indiana, to the list of ports of agencies, or geographic regions; and will holiday falls on a nonworkday of a part- embarkation for certain animals. This not have any adverse effects on time employee, he or she is not entitled action is taken because Indianapolis, competition, employment, investment, to an in-lieu-of day for that holiday. Indiana, has export inspection facilities productivity, or the ability of Untied § 610.407 Premium pay for holiday work which satisfy the requirements of the States-based enterprises to compete for employees on compressed work regulations. This action was necessary with foreign-based enterprises in schedules. in order to save both time and domestic or export markets. An employee on a compressed additional expenses that would For this rulemaking action, the Office schedule who performs work on a otherwise be unnecessarily imposed on of Management and Budget has waived holiday is entitled to basic pay, plus exporters. their review process required by premium pay at a rate equal to basic EFFECTIVE DATE: September 27,1983. Executive Order 12291 and the pay, for the work that is not in excess of FOR FURTHER INFORMATION CONTACT: Department of Agriculture has waived the employee’s compressed work Dr. N. Q. Faizi, VS, APHIS, USDA, Room the requirements of Secretary’s schedule for that day. For hours worked 846-AAA, Federal Building, Hyattsville, Memorandum 1512-1. on a holiday in excess of the MD 20782, 301-436-8383. This action affirms an interim rule compressed work schedule, a full-time SUPPLEMENTARY INFORMATION: which provides an additional port of employee is entitled to overtime pay embarkation through which animals under applicable provisions of law and Background may be exported. It is anticipated that a part-time employee is entitled to Section 91.14(a) of the regulations in 9 approximately 35 shipments of animals, straight time pay or overtime pay, CFR Part 91 lists ports which have consisting of cattle, swine, and depending on whether the excess hours export inspection facilities which satisfy occasionally sheep and goats, will be are nonovertime hours or overtime the requirements of § 91.14(c) and which hours. are therefore designated as ports of exported annually through the facility at embarkation. All animals, except Indianapolis, Indiana. The addition of PART 620—[REMOVED] animals being exported to Mexico or Indianapolis, Indiana, to the list of Canada, must be exported through these approved exportation facilities will 3. Part 620 is removed from 5 CFR. designated ports or through ports increase the number of such facilities designated in special cases under from twenty-three to twenty-four. PART 630—ABSENCE AND LEAVE § 91.14(b). According to Foreign Agricultural 4. The introductory text to § 630.303 is A document published in the Federal Service records, there are approximately revised to read as follows: Register on December 22,1982 (47 FR 700 exporters who could use the export 56983-56984), set forth an interim rule facilities nationwide. It is anticipated § 630.303 Part-time employees; earnings. amending § 91.14(a) of the regulations that only 8 exporters will be utilizing A part-time employee for whom there by designating Indianapolis, Indiana, as this facility. has been established in advance a a port of embarkation. Indianapolis was Under the circumstances explained regular tour of duty on 1 or more days added to the list of ports based on the above, Mr. Bert W. Hawkins, during each administrative workweek, finding that it has export inspection Administrator of the Animal and Plant and a part-time employee on a flexible facilities which satisfy the requirements Health Inspection Service, has work schedule for whom there has been of § 91.14(c). determined that this action will not have established only a biweekly work The interim rule was made effective a significant economic impact on a requirement, earn annual leave as on the date it was published, December substantial number of small entities. follows: 22,1982. Comments were solicited for 60 ***** days after publication of the List of Subjects in 9 CFR Part 91 (5 U.S.C. 6133(a)) # amendment. No comments were received. The factual situation which Animal diseases, Animal welfare, [FR Doc. 83-26204 Filed »-26-83; 8:45 am) Exports, Livestock and livestock BILLING CODE 6325-01-M was set forth in the document of December 22,1982, still provides a basis products, Transportation, Humane for the amendment. Accordingly, it has animal handling. DEPARTMENT OF AGRICULTURE been determined that the amendment should remain effective as published in (Sec. 10, 26 Stat. 417; secs. 4, 5, 23 Stat. 32, as the Federal Register on December 22, amended; sec. 1, 32 Stat. 791, as amended; Animal and Plant Health Inspection sec. 3, 76 Stat. 130; sec. 11, 76 Stat. 132; secs. Service 1982. 12,13,14,18, 34 Stat. 1263, as amended; secs. [Docket No. 83-058] Executive Order 12291 and Regulatory 1, 2, 26 Stat. 833, as amended; 21 U.S.C. 105, Flexibility Act 112,113,114a, 120,121,134b, 134f; 612, 613, 9 CFR Part 91 This action has been reviewed in 614, 618; 46 U.S.C. 466a, 466b; 7 CFR 2.17, 2.51, conformance with Executive Order 371.2(b)) Port Designated for Exportation of 12291 and Secretary’s Memorandum Done at Washington, D.C., this 21st day of Animals 1512-1, and has been determined to be September, 1983. not a “major rule.’’ The Department has D. F. Schwindaman, a g en c y : Animal and Plant Health determined that this action will not have Inspection Service, USDA. Acting Deputy Administrator, Veterinary an annual effect on the economy of $100 S ervices. a c tio n : Affirmation of interim rule. million or more, will not cause a major increase in costs or prices for [FR Doc. 83-26305 Filed 9-26-83; 8:45 am] SUMMARY: T h is d ocu m en t, affirm s the consumers, individual industries, BILLING CODE 3410-34-M 11062 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations ------L------DEPARTMENT OF THE TREASURY Act authorized the appropriate Federal loans to the bank’s capital structure. banking agencies to prescribe new limits Therefore, the limits for “other” loans to Comptroller of the Currency by regulation. executive officers of national banks remain in the final rule the same as 12CFR Part 31 Immediately after the enactment of the Act, the Office of the Comptroller of those proposed. [Docket No. 83-39] the Currency (“Office”) issued a With regard to the prior approval of regulation, 12 CFR Part 31, which stated Extensions of Credit to Executive loans to insiders, two commenters that, until other limits will be issued, suggested that the proposed 5 per cent Officers, Directors and Principal national banks must continue to observe Shareholders of National Banks and to of capital is sufficient as an upper the provisions of Regulation 0 , 12 CFR Their Related Interests threshold, and there is no need to Part 215, in this respect. 47 FR 49347 provide the additional ceiling of A G E N C Y : Office of the Comptroller of the (November 1,1982). Regulation O $500,000. The Office believes that a Currency, Treasury. restated the old statutory limits of threshold based solely on 5 per cent of $10,000 and $25,000, respectively. A C T IO N : Final rule. capital is unduly liberal for larger banks On May 23,1983, the Office issued a and does not assure the necessary level s u m m a r y : The Office of the Comptroller proposed rule to increase these loan of the Currency hereby amends 12 CFR limits, and requested comments from all of supervision by the board of directors. Part 31 which governs loans by a interested parties. 48 FR 22929. The Therefore, the limits regarding the prior national bank to certain insiders. The proposed rule provided that a national approval also remain unchanged in the rule implements the amendments to bank may make, under 12 U.S.C. 375a{4), final rule. sections 22(g) and 22(h) of the Federal “other” loans to its executive officer up One commenter suggested that a Reserve Act (12 U.S.C. 375a and 375b) to the amount of $25,000 or 2.5 per cent committee of the board of directors be that were included in Title IV of the of its capital, whichever is higher. allowed initially to approve loans to Gam-St Germain Depository Institutions However, no such loans may be made in insiders with subsequent ratification by Act of 1982. The amendments increase excess of $100,000. the full board. The Office has the limit on “other” loans by a national The proposed rule also provided that considered this alternative, but does not bank to its executive officers, and the a national bank must obtain the prior believe that Congress intended such an aggregate dollar limitation, above which approval of the majority of its board of amendment to be effected at this point directors for a loan to an executive loans to insiders must be approved in in time. officer, director, or principal advance by the bank’s board of A number of commenters suggested directors. shareholder, or their related interests, if the aggregate amount of any loans to that the term “capital” be clarified in the D A T E : This amendment is effective such an individual exceeds $25,000 or 5 final rule to indicate whether it includes October 27,1983. per cent of the bank’s capital, whichever the surplus. It was also suggested that FOR FURTHER INFORMATION CONTACT: is higher. All loans exceeding the the term “extension of credit” be Peggy Shriner, National Bank Examiner, aggregate of $500,000 must, nevertheless, expanded to include “or grant a line of Commercial Examinations Division, be approved in advance by the bank’s credit.” These suggestions have been (202) 447-1165, or Raija Bettauer, Senior board of directors as provided in 12 incorporated, for additional clarity, in Attorney, Legal Advisory Services U.S.C. 375b(2). the final rule. Division (202) 447-1880, Office of the Executive Order 12291 Comptroller of the Currency, 490 Comments L’Enfant Plaza East, SW, Washington, The Office received 38 comments on Thq Office has determined that the D.C. 20219. the proposed rule. The majority came revision does not constitute a “major SUPPLEMENTARY INFORMATION: The from national banks and their rule” and therefore does not require a principal drafter of this document is representatives. Twenty-eight of the regulatory impact analysis. Raija Bettauer, Senior Attorney, Legal commenters generally agreed with the Regulatory Flexibility Act Advisory Services Division. revisions made by the Office, although a number made suggestions to clarify Pursuant to Section 605(b) of the Background further the intent of the rules. The Regulatory Flexibility Act (Pub. L. 96- The Gam-St Germain Depository remaining comment letters suggested 354, 5 U.S.C. 601 et seq.) the Secretary of Institutions Act of 1982 (Pub. L. 97-320, that more substantive changes be made the Treasury has certified that the 96 Stat. 1469) (“Act") amended, among to the proposed rule. revision will not have a significant other things, paragraph (4) of section Specifically, with regard to the economic impact on a substantial 22(g) of the Federal Reserve Act (12 proposed limit on “other” loans, three number of small entities. The revision U.S.C. 375a(4)) by striking out the commenters recommended that loans to would ease the burden of the existing $10,000 limitation on loans by a member executive officers be subject to the same regulations. The effect of the revision is bank to its executive officer for credit standards as those applicable to expected to be beneficial rather than purposes other than a residential other bank customers. Four other adverse, and small entities are generally mortgage or education of the officer’s commenters suggested alternative limits expected to share the benefits of the children. It also amended paragraph (2) to those proposed, indicating that the revision equally with larger institutions. of section 22(h) of the Federal Reserve proposal is unduly restrictive. The Act (12 U.S.C. 375b(2)} by striking out Office continues to believe that the List of Subjects in 12 CFR Part 31 the aggregate limit of $25,000 beyond potential for abuse of bank credit National banks, Lending limits, Credit. which a loan to an executive officer, facilities by executive officers mandates director, or principal shareholder of a the use of specific loan limits for such Accordingly, pursuant to its authority bank must be approved in advance by a insiders. The proposed rule provides under 12 U.S.C. 375a(4) and 375b(2), as disinterested majority of the bank’s realistic limits for banks of all sizes and amended, the <3ffice revises 12 CFR Part entire board of directors. Instead, the relates the potential impact of such 31 to read as follows: F^deraMRggister^/^yol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations 44063

PART 31—EXTENSIONS OF CREDIT DEPARTMENT OF TRANSPORTATION dated May 24,1983, which contains spar TO EXECUTIVE OFFICERS, cap surface material removal limits for DIRECTORS AND PRINCIPAL Federal Aviation Administration polishing to a smooth contour any SHAREHOLDERS OF NATIONAL 14 CFR Part 39 chafing marks, provided no cracks are BANKS AND TO THEIR RELATED found by a dye-penetrant inspection INTERESTS [Docket No. 83-CE-70-AD; Amendment 39- method. This action will prevent fatigue 4730] Sec. cracks of the lower spar cap. Any abrasion which would require material 31.1 Authority. Airworthiness Directives; Piper PA-24 31.2 Loan limits. removal beyond these limits for Series and Models PA-30 and PA-39 31.3 Definitions. smoothing the marks or any evidence of Airplanes Authority: 12 U.S.C. 375a(4) and 375b(2). cracks requires that the parts be a g e n c y : Federal Aviation replaced. Additionally, the bulletin § 31.1 Authority. Administration (FAA), DOT. £ecommends the lower portion of the cover plate be trimmed a prescribed A C T IO N : Final rule. This part is issued by the Comptroller amount to prevent further chafing. of the Currency pursuant to 12 U.S.C. S U M M A R Y : This amendment adopts a Since the FAA has determined that 375a(4) and 375b(2), as amended. new Airworthiness Directive (AD), the unsafe condition described herein is § 31.2 Loan limits. applicable to Piper PA-24 Series and likely to exist or develop in other Models PA-30 and PA-39 airplanes, airplanes of the same type design, an (a) A national bank is authorized to which requires inspections of the wing AD is being issued requiring compliance extend credit (which term includes main spar lower cap for chafing and with Piper Service Bulletin No. 751 dated granting a line of credit) to an executive possible cracks. Chafing of this May 24,1983, on the above-mentioned officer for purposes other than those component in the area of the front and airplanes. Because an emergency specifically authorized under 12 USC rear seal plates has been reported. condition exists that requires the 375a in an aggregate amount that does Sufficient damage may occur to initiate immediate adoption of this regulation, it not exceed at any one time the higher of a fatigue failure of the lower spar cap. is found that notice and public $25,000 or 2.5 per cent of the bank’s This action will detect and correct the procedure hereon are impractical and capital and unimpaired surplus, but in unsafe condition before major damage contrary to the public interest, and good no event more than $100,000. or failure of this part occurs. cause exists for making this amendment (b) No national bank shall extend EFFECTIVE DATE: September 30,1983. effective in less than 30 days. credit to any of its executive officers, Compliance: As prescribed in the List of Subjects in 14 CFR Part 39 directors, or principal shareholders or to body of the AD. any related interest of that person in an Aviation safety, Aircraft. amount that, when aggregated with the ADDRESSES: Piper Service Bulletin No. amount of all other extensions of credit 751 dated May 24,1983, applicable to Adoption of the Amendment to that person and to all related interests this AD may be obtained from Piper Aircraft Corporation, 820 East Bald Accordingly, pursuant to the authority of that person, exceeds the higher of delegated to me by the Administrator, $25,000 or 5 per cent of the bank’s Eagle Street, Lock Haven, Pennsylvania 17745, Telephone (717) 748-6711. A copy § 39.13 of the Federal Aviation capital and unimpaired surplus, unless: Regulations (14 CFR Section 39.13) is (1) The extension of credit has been of this information is also contained in the Rules Docket, Office of the Regional amended by adding the following new approved in advance by a majority of AD. the entire board of directors of that Counsel, Room 1558, 601 East 12th bank, and (2) the interested party has Street, Kansas City, Missouri 64106. Piper: Applies to Models PA-24-180/250/260 abstained from participating directly or FOR FURTHER INFORMATION CONTACT: (S/N 24-1 and up); PA-24-400, (S/N 26-2 and up); PA-30 (S/n 30-2 thru 30-2000); indirectly in the vote. In no event shall a Mr. C. Kallis, Airframe Section, ANE- 172, New York Aircraft Certification and PA-39 (S/N 39-1 thru 39-155) national bank extend credit to any of its airplanes certificated in any category. Office, 181 South Franklin Avenue, executive officers, directors, or principal Compliance: Required as indicated, unless shareholders or to any related interest Room 202, Valley Stream, New York already accomplished. of that person in an amount that, when 1.1581, Telephone (516) 791-6221. To prevent wing lower main spar cap aggregated with the amount of all other SUPPLEMENTARY INFORMATION: Several damage and possible cracks in this extensions of credit to that person and reports have been received of chafing of component where it enters the fuselage at the all related interests of that person, the wing main spar at the lower cap by lower wing root fairing, accomplish the exceeds $500,000, except by complying the seal plates which act as dust covers following: with the requirements in paragraphs (b) where the spar enters the fuselage on (a) Within the next 100 hours time-in- service after the effective date of this AD, (1) and (2) of this section. the applicable Piper airplanes in this inspect the lower spar cap for chafing AD. This is caused by deterioration of damage and cracks in accordance with the § 31.3 Definitions. the rubber baffle material intended to Instructions Section of Piper Service Bulletin prevent contact of the metal plates with For the purposes of this part, the 751 dated May 24,1983. the spar cap or improper reinstallation definitions of the terms contained in (b) Prior to further flight, polish out any of these plates. Sufficient wear of the chafing damage or replace parts which are Regulation 0 , 12 CFR 215.2 and 215.3, apply. rubber rubbing strip may result in metal- cracked or that have chafing damage which to-metal contact between the spar cap cannot be polished out within the depth limits Dated: August 15,1983. and plates. If a plate touches the spar, specified in the Instructions Section of Piper C. T. Conover, the abrasive action can cause as much Service Bulletin 751 dated May 24,1983, with a serviceable part. Comptroller of the Currency. as 1/64 inch of the upper and/or lower (c) Prior to reinstallation, trim the lower surfaces of the lower spar cap to be portion of the seal plates in accordance with [FR Doc. 83-26257 Filed 9-28-83; 8:45 anj worn away. Piper Aircraft Corporation the Instructions Section of Piper Service BILLING CODE 4810-33-M has published Service Bulletin No. 751 Bulletin 751 dated May 24,1983. 44064 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations

(d) Aircraft may be flown in accordance 21 CFR Part 558 Washington, D.C. 20590. Office hours with Federal Aviation Regulation 21.197 to a are from 7:45 p.m. to 4:15 p.m., ET, location where this AD can be accomplished. New Animal Drugs For Use in Animal Monday through Friday. (e) An equivalent method of compliance Feeds} Tylosin SUPPLEMENTARY INFORMATION*. On with this AD may be used, if approved, by the August 5,1982, at 47 FR 33952, the Manager, New York Aircraft Certification C orrection FHWA published a final rule under Office, FAA, Rbom 202,181 South Franklin In FR Doc. 83-22576, appearing on Docket No. 81-6, Notice 2 revising Avenue, Valley Stream, New York 11581. page 37622, in the issue of Friday, certain of its regulations prescribing August 19,1983, in the third column, This amendment becomes effective on policies, procedures and reimbursement after the first paragraph insert the provisions for advancing Federal-aid September 30,1983. following paragraph: and direct Federal projects involving (Secs. 313(a), 601 and 603 of the Federal “Therefore, under the Federal Food, railroad facilities which had an effective Aviation Act of 1958, as amended (49 U.S.C. Drug, and Cosmetic Act (sec. 512(i), 82 date of October 1,1982. The FHWA 1354(a), 1421 and 1423); 49 U.S.C. 106(g) Stat. 347 (21 U.S.C. 360b(i))) and under regulations (23 CFR Part 140, Subpart I) (Revised, Púb. L. 97—449, January 12,1983); authority delegated to the Commissioner in effect prior to October 1,1982, Sec. 11.89 of the Federal Aviation Regulations of Food and Drugs (21 CFR 5.10) and contained rates which could be used by (14 CFR Sec. 11.89)) redelegated to the Bureau of Veterinary railroad companies in claiming costs Note.—The FAA has determined that this Medicine (21 CFR 5.83), § 558.625 is associated with labor surcharges, regulation is an emergency regulation that is amended by revising paragraph (b){77) company owned equipment, and not major under Section 8 of Executive Order to read as follows:” transportation of materials, supplies, 12291. It is impracticable for the agency to BILLING CODE 1505-01-M and equipment. The final rule published follow the procedures of Order 12291 with on August 5,1982, eliminated those rates respect to this rule since the rule must be and required each railroad company to issued immediately to correct an unsafe 21 CFR Part 558 develop its own rates. However, the condition in aircraft. It has been further final rule contained a provision for the determined that this document involves an New Animal Drugs for Use in Animal continued use of the reimbursement emergency regulation under DOT Regulatory Feeds; Tylosin rates contained in the superseded Policies and Procedures (44 FR 11034; regulation, if agreed to by the States, for February 26,1979). If this action is C orrection up to one year after the effective date of subsequently determined to involve a In FR Doc. 83-22766, beginning on the final rule, i.e., until October 1,1983. significant regulation, a final regulatory page 37622, in the issue of Friday, The purpose of the additional year was evaluation or analysis, as appropriate, will be August 19,1983, on page 37623, in the to allow railroad companies time to prepared and placed in the regulatory docket first column, in the third complete develop rates. (otherwise, an evaluation is not required). A paragraph, in the third line, “360” should FHWA has been in contact with copy of it, when filed, may be obtained by read “360b”. railroad companies and States to contacting the Rules Docket under the determine the progress being made in caption "ADDRESSES" at the location BILLING CODE 1505-01-M developing these rates. It is apparent identified. that additional time is needed for some Issued in Kansas City, Missouri, on DEPARTMENT OF TRANSPORTATION railroad companies to develop the rates September 15,1983. and for States to review and approve Federal Highway Administration John E. Shaw, the rates. Therefore, FHWA will allow Acting Director, Central Region. the continued use of rates which were 23 CFR Part 140 contained in 23 CFR Part 140, Subpart I [HR Doc. 83^26208 Filed »-26-83; 8:45 am] Railroad-Highway Projects; Notice of prior to the August 5,1982, amendment BILLING CODE 4910-13-M Extension of Effective Date for until March 31,1984. Reimbursement Rates Issued on: September 21,1983. L. P. Lamm, AGENCY: Federal Highway DEPARTMENT OF HEALTH AND Deputy Administrator, Federal High way Administration (FHWA), DOT. HUMAN SERVICES Administration. ACTION: Change of effective date.______[FR Ooc. 83-28221 Filed 9-26-83; 8:45 em] Food and Drug Administration SUMMARY: This notice provides BILLING CODE 4910-22-M 21 CFR Part 177 extension of the effective date to March 31,1984, for continued use of the reimbursement rates on railroad- 23 CFR Parts 920 and 924 [Docket No. 82F—0144] highway projects contained in the Pavement Marking Demonstration Indirect Food Additives; Polymers; regulation published at 40 FR 16057 on Program and Highway Safety Polyester Resins, Cross-Linked April 9,1975 (23 CFR Part 140, Subpart Improvement Program I). The States and the railroad C orrection companies need more time to develop a g e n c y : Federal Highway and approve revised rates. Administration (FHWA), DOT. In FR Doc. 83-22779, appearing on DATE: Effective March 31,1984. ACTION: Final rule. ______page 37618, in the issue of Friday, FOR FURTHER INFORMATION CONTACT: August 19,1983, in the second column, in Harvey C. Wood, Office of Fiscal s u m m a r y : The Federal Highway the “FOR FURTHER INFORMATION Services, 202-426-0563, or S. James Administration (FHWA) is amending its CONTACT” paragraph, in the third line Wiese, Office of the Chief Counsel, 202- regulations to require that pavement “344)” should read “334)”. 426-0754, Federal Highway marking projects and highway safety BILLING CODE 1505-01-M Administration, 400 Seventh Street, SW., improvement projects be performed by _Y°L 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations 44065

contracts awarded by competitive System funds for hazard elimination requires a finding of cost effectiveness bidding unless the State highway agency projects. as it relates to the method of awarding (SHA) demonstrates that some other , The contract procedures for pavement contracts for highway safety method is shown to be more cost marking projects are contained in 23 improvement projects as required by effective in order to implement CFR Part 920. The contract procedures section 112 of the STAA of 1982. In provisions mandated by section 112 of for highway safety improvement general, such contracts must be the Surface Transportation Assistance projects are included in 23 CFR Part 924. awarded by competitive bidding unless Act of 1982 (STAA of 1982). FHWA is Both of these regulations must be the SHA demonstrates to the also amending its regulations to provide amended to comply with the satisfaction of the Division that hazard elimination program funds requirements of Section 112 of the STAA Administrator that some other method is are eligible for use on any public road of 1982. The provision for the use of more cost effective, as provided in 23 other than a highway on the Interstate hazard elimination program funds which CFR Part 635. An exception to this System in order to implement the must be amended due to section 125 of requirement is provided by that provision mandated by section 125 of the STAA of 1982 is also contained the STAA of 1982. regulation with regard to railroad and within 23 CFR Part 924. Those utility facilities. EFFECTIVE d a t e : This final ru le is regulations which must be revised due effective January 6,1983. to the enactment of Sections 112 and 125 The FHWA has determined that this document does not contain a major rule FOR FURTHER INFORMATION CONTACT: of the STAA of 1982 are contained in 23 Mr. James L. Rummel, Office of Highway CFR 920.7, 924.7, and 924.11. A summary under Executive Order 12291 or a Safety, (202) 426-2131; or Mrs. Kathleen of the revisions to the existing significant regulation under the S. Markman, Office of the Chief provisions are as follows: regulatory policies and procedures of the Department of Transporation. Since Counsel, (202) 426-0346, Federal Discussion of Revisions Highway Administration, 400 Seventh the amendments in this document are Street, SW., Washington, D.C. 20590. Part 920—Pavement Marking being issued for the purpose of literally Office hours are from 7:45 a.m. to 4:15 Demonstration Program complying with Sections 112 and 125 of p.m. ET, Monday through Friday. Section 920.7 Procedures. the STAA of 1982 and do not reflect SUPPLEMENTARY INFORMATION: On interpretation of the statutory language, Paragraph (b) of this section is revised public comment is impracticable and January 6,1983, the President signed into to reflect the statutory requirements for unnecessary. Therefore, the FHWA law the Surface Transportation a finding of cost effectiveness as it finds good cause to make the Assistance Act of 1982 (Pub. L. 97-424, relates to determining the method of 96 Stat. 2097). Section 112 requires that awarding contracts for pavement amendment final without notice and construction projects be performed by marking projects as required by section opportunity for comment and without a contract awarded by competitive 112 of the STAA of 1982. In general, such 30-day delay in effective date under the bidding unless the State highway agency contracts must be awarded by Administrative Procedure Act. Notice demonstrates, to the satisfaction of the competitive bidding unless the SHA and opportunity for comment are not Secretary, that some other method is demonstrates to the satisfaction of the required under the regulatory policies more cost effective. Previously, the FHWA Division Administrator that and procedures of the Department of Secretary could find that some other some other method is more cost Transportation because it is not method was in the public interest. Under effective, as provided in 23 CFR Part anticipated that such action would existing regulations in 23 CFR 920 and 635. ✓ result in the receipt of useful 924, the FHWA has found it to be in the information. The statutory language Part 924—Highway Safety Improvement public interest to permit a State or local incorporated in the regulations requires government to use its own forces to Program no interpretation and provides for no implement pavement marking projects Section 924.7 Program Structure. administrative discretion. In addition, and highway safety improvement This section has been revised to the economic impact, if any, of this projects if so requested. Immediate reflect that hazard elimination program rulemaking action will be minimal. revision of these regulations is required funds are now available for all public to conform with Section 112 of the However, any impact would be positive roads within the State in accordance STAA of 1982, as implemented by 23 as reflected by the requirement of cost with the provisions mandated by section CFR Part 635, Construction and effectiveness. Accordingly, a full 125 of the STAA of 1982. Maintenance; Contracting Procedures regulatory evaluation is not required. (48 FR 22911, May 23,1983). Section 924.11 Implementation In consideration of the foregoing, and Section 125 of the STAA of 1982 The paragraphs of this section have under the authority of 23 U.S.C. 112, extended the eligibility of funds been renumbered and revised in part to 152(c), 315; Sections 112 and 125, Surface authorized to carry out 23 U.S.C. 152 to incorporate the requirements of sections Transportation Assistance Act of 1982, any public road other than a highway on 112 and 125 of the STAA of 1982. Pub. L. 97-424, 96 Stat 2106, 2113; and 49 the Interstate System. Under existing Paragraph (b) of this section now CFR 1.48(b), the FHWA is amending regulations, these funds are not eligible provides that hazard elimination Parts 920 and 924 of title 23, Code of for projects off the Federal-aid system. program funds are to be used to Federal Regulations, as set forth below. An immediate revision to 23 CFR 924 is implement highway safety improvement (Catalog of Federal Domestic Assistance • required to incorporate this change. projects on any public road other than Furthermore, section. 103 of the STAA of Program Number 20.205, Highway Research, an Interstate highway (as required by Planning, and Construction. The procedures 1982 allows the expenditure of excess section 125 of the STAA of 1982), minimum apportionment of Interstate provided in OMB Circular A—95 regarding Paragraph (g) of this section now State and local clearinghouse review of 44066 Federal Register / Voi. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations

Federal and federally assisted programs §924.11 Implementation. DEPARTMENT OF HOUSING AND apply to this program) (a) The implementation component of URBAN DEVELOPMENT the highway safety improvement List of Subjects in 23 CFR Parts 920 and program in each State shall include a Office of the Assistant Secretary for 924 process for scheduling and Housing—Federal Housing Grant programs—transportation, implementing safety improvement Commissioner Highway safety, Highways and roads, projects in accordance with (1) the 24 CFR Part 200 and 203 Pavement marking, Reporting and procedures set forth in 23 CFR Part 630, recordkeeping requirements. Subpart A (Federal-Aid Program [Docket No. R-83-1117] Issued on: September 21,1983. Approval and Project Authorization) L. P. Lamm, and (2) the priorities developed in Mutual Mortgage Insurance and Deputy Administrator, Federal Highway accordance with § 924.9. The States are Rehabilitation Loans; Disaster Victims Administration. encouraged to utilize the timesaving a g e n c y : Office of the Assistant The Federal Highway Administration procedures incorporated in FHWA Secretary for Housing—Federal Housing hereby amends Title 23, Code of Federal directives for the minor type of work Commissioner. Regulations, Chapter I, Parts 920 and normal to highway safety improvement a c t io n : Final rule. 924, as set forth below. projects. PART 920—PAVEMENT MARKING (b) Funds apportioned under 23 U.S.C. s u m m a r y : This rule establishes new DEMONSTRATION PROGRAM 152, Hazard Elimination Program, are to maximum dollar mortgage limits for be used to implement highway safety single family dwellings which are 1. In § 920.7, paragraph (b) is revised destroyed or substantially damaged as to read as follows: improvement projects on any public road other than Interstate. the result of a major disaster. The § 920.7 P rocedures. amendment increasing the new ***** (c) Funds apportioned under Section maximum mortgage limits is being (b) Implementation . Pavement 203(b) of the Highway Safety Act of implemented as the result of a statutory marking projects shall be implemented 1973, as amended, Rail-Highway amendment to the National Housing using normal Federal-aid project Crossings, are to be used to implement Act. Before the amendment, the procedures modified to incorporate such railroad-highway grade crossing safety maximum principal amount of the timesaving procedures as may be projects on any public road. At least 50 insured mortgage for “disaster loans” developed by the State highway agency percent of the funds apportioned under was limited to $14,400. and the Federal Highway Section 203(b) must be made available EFFECTIVE DATE: Upon expiration of the Administration (FHWA) including the for the installation of grade crossing first period of 30 calendar days of use of abbreviated plans, grouping of protective devices. The railroad share, if continuous session of Congress after projects, and simplified inspection any, of the cost of grade crossing publication, but not before further notice procedures. Award of contracts for improvements shall be determined in of the effective date is published in the pavement marking projects shall be in accordance with 23 CFR Part 646, Federal Register. accordance with 23 CFTR Part 635. Subpart B (Railroad-Highway Projects). ***** FOR FURTHER INFORMATION CONTACT: (d) Highway safety improvement John Coonts, Director, Office of Single PART 924—HIGHWAY SAFETY projects may be implemented on the Family Housing Division, Department of IMPROVEMENT PROGRAM Federal-aid system with funds Housing and Urban Development, Room 9270, 451 Seventh Street, SW., 2. Section 924.7 is revised to read as apportioned under 23 U.S.C. 104(b), and Washington, D.C. (202) 755-6720. This is follows: with funds apportioned under Section 104(b)(1) of the Federal-Aid Highway not a toll-free number. § 924.7 Program structure. Act of 1978 and Section 103(a) of the SUPPLEMENTARY INFORMATION: Section The highway safety improvement Highway Improvement Act of 1982, if 203(h) of thè National Housing Act (the program in each State shall consist of excess to Interstate System needs. Act) authorizes HUD to insure components for planning, mortgages for single family dwellings (e) Funds apportioned under 23 U.S.C. implementation, and evaluation of which are destroyed or substantially 219, Safer Off-System Roads, may be safety programs and projects. These damaged as the result of a flood, fire, components shall be comprised of used to implement highway safety hurricane, earthquake, storm, riot, civil processes developed by the States and improvement projects on public roads disorder, or other catastrophe, which the approved by the Federal Highway which are not on a Federal-aid system. President has declared to be a major Administration (FHWA). Where (f) Major safety defects on bridges, disaster pursuant to the Disaster Relief appropriate, the processes shall be including related approach Act of 1974. The Act, until recently, developed cooperatively with officials improvements, may be corrected as part limited the maximum insurable of the various units of local of a bridge rehabilitation project on any mortgage to a principal obligation not to governments. The processes may public road with funds apportioned exceed $14,400 and 100 percent of the incorporate a range of alternate under 23 U.S.C. 144, if such project is appraised value to the property and procedures appropriate for the considered eligible under 23 e r ó Part single-family residence. administration of an effective highway 650, Subpart D (Special Bridge The maximum mortgage limit of safety improvement program on Replacement Program). $14,400 was established by individual highway systems, portions of congressional amendment in section highway systems and in local political (g) Award of contracts for highway 113(a)(2) of the Housing and Urban subdivisions, but combined shall cover safety improvement programs shall be in Development Act of 1969, approved all public roads in the State. accordance with 23 CFR Part 635. December 24,1969. 3. Section 924.11 is revised to read as [FR Doc. 83-26227 Filed 9-26-83; 8:45 am] In recognition of the substantial follows: BILLING CODE 4910-22-M increase in value and replacement costs Federal Register / Vol. 48. No. 186 / Tuesday, September 27, 1983 / Rules and Regulations 44067 of single family dwellings, Congress been made in accordance with HUD recently passed legislation, Pub. L. 98-63 PART 200—INTRODUCTION regulations in 24 CFR Part 50 that which amends the maximum dollar implement Section 102(2)(C) of the amounts to match the maximum limit» 1. By revising § 200.11(a) to read as National Environmental Policy Act of follows: prescribed in Section 203(b)(2) of the 1969, 42 U.S.C. 4332. The Finding of No A ct Section 203(b)(2) provides that a Significant Impact is available for public § 200.11 Disaster damage to homes. mortgage may be insured, subject to inspection and copying during regular other limitations, in an amount not in (a) The FHA insures mortgages given excess of $67,500 for a one-family business hours in the Office of the Rules to finance the replacement of homes Docket Clerk, Room 10276, 451 Seventh residence. Section 203(b)(2) also permits destroyed or extensively damaged by Street, SW., Washington, D.C. 20410. the Secretary of HUD to increase, within major disasters. The maximum mortgage prescribed limits, the maximum dollar This rule does not constitute a “major shall be computed in accordance with 24 amounts on an area by area basis, rule” as that term is defined in Section CFR 203.18(a)(1) (unless a higher taking into account limited housing 1(b) of the Executive Order on Federal maximum mortgage amount is opportunities in an area due to high Regulations issued by the President on authorized under 24 CFR 203.18b or prevailing housing sales prices. February 17,1981. Analysis of the rule 203.29), but the maximum mortgage In order to implement die statutory indicates that it does not: (1) Have an amount cannot exceed the lesser of 100 amendment to section 203(h) of the Act, arniual effect on the economy of $100 percent of the appraised value of the HUD is publishing these technical million or more, (2) cause a major property, or the cost of acquisition. ***** amendments to 24 CFR Parts 200 and increase on costs or prices for 203. consumers, individual industries, Sections 200.11 and 203.18(e) are Federal, State or local government PART 203—MUTUAL MORTGAGE amended to eliminate references to the agencies or geographic regions or (3) INSURANCE AND REHABILITATION previous $14,400 limitation and to have a significant adverse effect on LOANS productivity, innovation, or on the substitute the maximum dollar amounts 2. By revising the introductory as specified in § 203.18(a)(1). Section ability of United States-based paragraph and paragraph (2) of enterprises to compete with foreign- 203.18(e) is further amended to reflect § 203.18(e), as follows: the current definition of “catastrophe” based enterprises in domestic or export as set forth in Section 203(h) of the markets. § 203.18 Maximum mortgage amounts. National Housing Act. The three new Pursuant to the Regulatory Flexibility * * * * * . categories of catastrophe are hurricane, Act, 5 U.S.C. 605(b), the Undersigned (e) Disaster victims. A mortgage riot and civil disorder. hereby certifies that this rule does not covering a single family dwelling, in an Section 203.19 requires mortgagors to have a significant economic impact on a amount not in excess of the maximum invest a minimum of three percent of the substantial number of small entities. The dollar limitation specified in *cost of acquisition unless the mortgagor only impact of the rule is to authorize § 203.18(a)(1) (unless a higher maximum is a qualified veteran. The Department the insurance of mortgages with higher mortgage amount is authorized under construes the amendment to § 203(h) as maximum limits, in response to statutory § 203.18b or § 203.29), and not in excess requiring the exemption of disaster direction. of the lesser of 100 percent of the victims from the minimum investment This rule was not listed in the appraised value of the property or the requirements. Accordingly, §§ 203.19(a) Department’s Semiannual Agenda of cost of acquisition as of the date the llj and (2) are amended to add disaster Regulations published pursuant to mortgage is accepted for insurance, shall victims as mortgagors who are not Executive Order 12291 and the be eligible for insurance if: required to meet the three percent Regulatory Flexibility Act on April 25, (1 ) * * * minimum investment. 1983 (48 FR 18054). This rule increases the maximum (2) The mortgagor establishes that the principal amount of the insured The Catalog of Federal Domestic home which he or she previously mortgage for “disaster loans” as the Assistance program number is 14.119 occupied as owner or tenant was Mortgage Insurance—Homes for Disaster destroyed or damaged to such an extent result of statutory amendment to the Victim« (F), National Housing Act. As a matter of that reconstruction or replacement is policy, the Department submits many List of Subjects required as a result of a flood, fire, hurricane, earthquake, storm, riot or rulemaking actions with such subject 24 CFR P art 200 matter to public comment, either before civil disorder or other catastrophe which or after effectiveness of the action. In Administrative practice and the President has determined to be a major disaster; and tnis instance, however, delay in procedure, Claims, Equal employment * * * * * effectiveness of this rule would cause opportunity, Fair housing, Housing unnecessary hardship to home owners standards, Loan programs: housing and 3. By revising paragraphs (a) (1) and w 10 need to make use of the increased community development, Mortgage (2) of § 203.19, as follows: ortgage amounts which Congress has insurance, Organization and functions § 203.19 Mortgagor’s minimum permitted. In addition, because this (Government agencies), Reporting and investment. regulation will do no more than recordkeeping requirements, Minimum (a) * * * mtectuate an authorization by Congress, property standards, Incorporation by without significant regulatory reference. (1) In all cases (except those involving qualification or modification by the a veteran meeting the requirements of epartment, the Secretary has 24 CFR Part 203 I 203.18(a)(3) or a disaster v ic tim etermined that public comment in Home improvement, Loan programs: meeting the requirements of § 203.18(e)), unnecessary and that this regulation housing and community development, the minimum investment shall be at a i . *5 Polished as a final rule. Mortgage insurance, Solar energy. least 3 percent of the Commissioner’s A Fmding of No Significant Impact estimate of the cost of acquisition or Accordingly, 24 CFR Parts 200 and 203 i n respect to the environment has such larger amount as the Commissioner are amended as follows: may determine. 44066 Federal Register / Vol; 48, No. 188 / Tuesday, September 27, 1983 / Rifles and Regulations

(2) In a case involving a veteran FOR FURTHER INFORMATION CONTACT: contractor to obtain bonds. These meeting the requirements of Linda D. Cheatham, Technical Support commenters offered several arguments § 203.18(a)(3) or a disaster victim Division, Office of Multifamily Housing in support of their position. First, they meeting the requirements of § 203.18(e), Development, Office of Housing, argued that, because of the greater risk the minimum investment shall be $200 Department of Housing and Urban involved with a 100 percent bond, under which may include settlement costs, Development, 451 Seventh Street, SW., this rule surety companies would either initial payments for taxes, hazard Washington, D.C. 20410, telephone (202) cease to provide surety altogether, or insurance premiums, mortgage 426-7113. (This is not a toll-free would impose such severe restrictions insurance premiums, and other prepaid number). upon contractors that use of the surety expenses as approved by the SUPPLEMENTARY INFORMATION: . would be impractical. Second, it was Commissioner. argued that the increased bond amounts ***** Background would exceed the bond limits under Authority: Sec. 203 of the National Housing One of the ways in which a builder/ which many small bond companies Act (12 U.S.C. 1709); Sec. 7(d), Department of developer or general contractor may operate, and therefore, either would Housing and Urban Development Act (42 provide HUD with assurance of force contractors to rely upon a limited U.S.C. 3535(d)). completion for projects insured under a number of large bond companies, or Dated: September 21,1983. number of HUD’s multifamily mortgage would prevent builders who are clients Philip Abrams, and To an insurance programs is by of small bond companies from Assistant Secretary for Housing—Federal providing a corporate surety bond for competing for HUD projects. And third, Housing Commissioner. payment and performance issued by a a commenter contended that very few contractors will be able to get 100 [FR Doc. 83-26255 Filed 9-26-03; 8:45 am] surety company satisfactory to the BILLING CODE 4210-27-« Commissioner. Under HUD’s current percent bonding for larger projects, so regulations, such bonds must be in only a few large companies will be various amounts, depending upon the capable of bidding on HUD projects. 24 CFR Parts 205, 207, 213, 221, 232, program: for Title X projects, they must This, it was asserted, will radically 241,242, and 244 be in the amount of 50 percent of the reduce the effectiveness of competitive bidding, and will cause significant [Docket No. R-83-1060] cost of improvements, as estimated by' the Commissioner; for multifamily increases in project costs. As an Bonding Requirements; Multifamily housing projects where the structure alternative to the current 100 percent Mortgage and Loan Insurance contains no elevator, or where the proposal, one commenter proposed that Programs Under the National Housing structure contains an elevator and is the regulations be amended to allow the Act three stories or less, the bonds must be use of “ rolling bonds”, which would in the amount of 25 percent of the permit a company to bond only those AGENCY: Office of Assistant Secretary amount of the construction contract; and parts of a project actually under for Housing—Federal Housing for multifamily housing projects where construction: as construction Commissioner, HUD. the structure contains an elevator and is progressed, the bond would “roll” from a c t io n : Final rule. four stories or more, bonds must be in one part of the project to the next. the amount of 50 percent of the amount The Department disagrees with these SUMMARY: On March 15,1983 (48 FR of the construction contract. comments, and stands by its statement 10858), HUD proposed to amend its On March 15,1983 (48 FR 10858), HUD in the preamble to the proposed rule that regulations governing assurance of published a rule proposing to modify requiring 100 percent bonds should not completion in land development, these bonding requirements to increase “* * * in any way affect a contractor’s proposed construction and the amount of bonds required for ability to furnish bonds.” First, contrary rehabilitation of multifamily projects. assurance of completion. The rule to the contentions of several The proposed rule would have amended proposed to amend Parts 205, 207, 213, commenters, and increase in the those regulations to provide that where 221, 232, 241, 242 and 244 to provide that percentage of coverage of a bond affects assurance is by corporate surety bonds where assurance of completion is by neither a surety company’s decision for payment and performance, each corporate surety bond for payment and whether to bond a contractor, nor the bond shall be in the amount of 100 performance, each bond shall be in the conditions imposed by such a company percent of the cost of improvements or amount of 100 percent of the cost of on a contractor. The bonding decision is 100 percent of the cost of construction, improvements, or 100 percent of the cost based upon a complete financial and as estimated by the Commissioner. of construction, as estimated by the credit analysis conducted by the surety This rule adopts the proposed rule as Commissioner. This rule adopts the company and designed to determine final, without change. The amendments proposed rule as final, without change. whether a contractor has the ability and are intended to provide the Department resources to complete the contract. The with additional protection against Public Comments size of the bond is not relevant to this uncompleted projects. HUD does not The proposed rule drew a total of analysis because when surety is anticipate that the increased bond eight public comments. Four of these extended, it is not restricted to any part requirements will have a significant were submitted by construction or phase of a contract. If a contractor impact on the ability of general companies, two «by mortgage companies does not complete the contract, the contractors to obtain bond, or on the and one each by a community surety company will be liable for all of costs of bonds for contractors. development commission and a national the uncompleted work, up to the bond EFFECTIVE DATE: Upon expiration of the trade association. Seven of the limit. And since surety companies do first period of 30 calendar days of commenters opposed the proposed not discriminate in their bonding continuous session of Congress after change, while one supported it. decisions between a 50 percent loss and publication, but not before further notice Six commenters opposed the rule on a 100 percent loss, the size of the bond is of the effective date is published in the the grounds that it would make it not a factor in deciding whether to bond Federal Register. significantly more difficult for a general a contractor. The primary consideration, £ederaTRegstef_/^VoF. 48/No. 188 / Tuéádáy, September 27, 1983 / Rules and Regulations 4 4 0 6 9

regardless of the size of a bond, is should not involve significant increases insist on as much protection against a whether a contractor can, in fact, in costs * * * ” We hold to that breach of the construction contract as is complete construction: If he or she can, position. It is simply not true that, as the required in direct Federal construction. the bond generally will be extended, commenters contend, surety companies For these reasons, HUD believes that regardless of amount; if he or she will charge more for a 100 percent bond there is adequate justification for cannot, no bond will be forthcoming. than for a 50 percent bond. An informal adopting the proposed rule as final. Thus, HUD’s increased bond limits survey of bonding companies showed should not significantly affect the that, except where a bond is for less The Final Rule bonding decision or the conditions of the than 20 percent of the contract price, Accordingly, this rule adopts the bond. bond premiums are determined solely proposed rule as final, without change. Second, we do not believe that the on the basis of contract price (as The sections being revised are §§205.82, increased bond limits will exclude small adjusted according to the duration of the 207.19, 213.27, 221.542, 232.56, 241.140, bond companies, and hence small contract) and are in no way affected by 242.61 and 244.95. Several of these contractors, from participating in HUD- the percentage amount of a bond. An sections are incorporated by reference insured projects. In those cases where examination of the fixed rates published into other HUD regulations. Part 220 (at our requirements necessitate use of a by The Surety Association of America § 220.511), Part 231 (at § 231.8) and Part bond exceeding a small company’s reveals the same fact: contractors pay 234 (at § 234.560) incorporate by bonding limits, there is no objection to $12.00 per $1,000 a month for the first reference the amended Section of Part the joint venturing of coverage. In $500,000 of a contract, $7.25 per $1,000 a 207, and therefore these amendments addition, in an informal survey of month for the next $2,000,000 of contract will also affect projects insured under bonding companies, both large and price, $5.75 per $1,000 for the next Sections 220, 231 and 234 of the National small, HUD found no objections to the $2,500,000, etc., without regard to the Housing Act. Part 233 (at § 233.505) increased requirements. amount of the bond. For contracts of a Finally, we cannot accept either the incorporates by reference the amended given duration, contract price is the sole -sections of Parts 207, 213, 221, 232, and argument that this rule will decrease the determinant of the premium charged, effectiveness of competitive bidding by 241 and therefore these amendments and in increase in HUD’s bond will apply, as appropriate, to excluding many contractors from requirements will not affect the price of bidding on HUD-insured projects, or the experimental housing mortgage bonds for contractors. insurance under Part 233. Part 236 (at suggestion that we should permit the use We also disagree with the argument of “rolling bonds.” The former is not § 236.1) incorporates by reference the that this rule will reduce a contractor’s amended section of Part 221; therefore valid because, as discussed above, bonding line and thereby increase requiring bonds for 100 percent of the these amendments will also affect project costs. As with the other aspects projects insured under section 236. estimated costs of construction or of the bonding process, the percentage rehabilitation will not impede the ability amount of a bond has no impact on a Findings and Certifications of contractors to obtain bonds. The contractor’s bonding line with a surety latter is unacceptable because when company. That bonding line is based A Finding of No Significant Impact HUD insures a mortgage or a loan, it wholly upon the size and amount of the with respect to the environment has insures the entire mortgage or loan. contracts a contractor is working upon, been made in accordance with HUD Since “rolling bonds” would provide the so HUD’s increased bonding regulations in 24 CFR Part 50, which Department with protection for only a requirements will not reduce a implements Section 102(2)(C) of the part of a project, they would not provide contractor’s bonding line. National Environmental Policy Act of protection for the whole mortgage or The final reason offered for opposing 1969. The Finding of No Significant loan and would be inadequate for the proposed rule was that the rule Impact is available for public inspection HUD’s purposes. For all of these would produce no significant benefits during regular business hours in the reasons, the Department does not for HUD. These commenters argued, Office of the Rules Docket Clerk at the believe that this rule will have a first, that merely bringing HUD address set forth above. negative impact on the ability of regulations into line with the This rule does not constitute a “major contractors to furnish bonds. procurement regulations of other rule” as that term is defined in Section Three commenters offered another Federal agencies engaged in 1(b) of Executive Order 12291 on Federal reason for opposing the proposed rule: construction was not an adequate Regulations. Analysis of the ruie they claimed that it would increase justification for changes of this indicates that it does not: (1) Have an significantly the costs of bonds to magnitude; and, second, that the rule annual effect on the economy of one general contractors. These commenters offers HUD little additional financial hundred million dollars or more; (2) justified their position on two grounds. protection because very few contractors cause a major increase in costs or prices First, they argued that surety companies run into financial difficulty before a job for consumers, individual industries, would undoubtedly charge more for a is 50 to 75 percent complete. Federal, State or local government 100 percent bond than for a 50 percént HUD disagrees. This rule does not, as agencies or geographical reports; or (3) . jrá, if only because of the increased noted in the foregoing discussion, have a significant adverse effect on risk involved; and second, one of the impose any significant new burdens on competition, employment, investment, commenters maintained that the contractors. The increased bonding productivity, innovation, or on the increased bond limits would reduce a requirements, however, also will ability of the United States-based contractor’s bonding line, thereby provide HUD with greater protection enterprises to compete with foreign- reducing the amount of work a from incomplete projects. HUD does not based enterprises in domestic or export contractor could perform and increasing maintain that bonding requirements for markets. project costs. insured mortgages must be identical to Pursuant to Section 605(b) of the The Department stated in the Federal procurement requirements for Regulatory Flexibility Act, the P^P^ble to the proposed rule that direct Federal construction. However, undersigned hereby certifies that this the additional protection giver\ the lack of burden on contractors, rule does not have a significant impact afforded HUD by 100 percent bonds there is no reason why HUD should not on a substantial number of small 44070 Federal Register / Vol. 48, No. 188 / Tuesday, September'27, 1983 / Ruje^njjJ^egulatio^

entities. The additional protection by the Commissioner. Each bond shall bonds for payment and performance, afforded HUD by 100 percent bonds be in the amount of 100 percent of the each in the amount of 100 percent of the should not involve significant increases cost of improvements as estimated by amount of the HUD estimate of in costs nor should it affect a the Commissioner. construction or rehabilitation cost, or a contractor’s ability to furnish bonds. ***** completion assurance agreement The rule was listed as item H-87-82 in secured by a cash deposit in the amount the Department’s Semiannual Agenda of PART 207—MULTIFAMILY HOUSING of 25 percent of the amount of the HUD Regulations published on April 25,1983 MORTGAGE INSURANCE estimate of construction or (48 F R 18075} pursuant to Executive rehabilitation cost. 2. In § 207.19, paragraphs (c)(6) (ii) * * * * * Order 12291 and the Regulatory and (iii) are revised to read as follows: Flexibility Act. § 207.19 Required supervision of private PART 221—LOW COST AND The Catalog of Federal Domestic mortgagors. MODERATE INCOME MORTGAGE Assistance program numbers are 14.103, ***** INSURANCE 14.112,14.116,14.124,14.125,14.126,14.127, 14.128,14.129,14.134,14.135,14.137,14.138, (c) Requirements incident to insurance (4) | 221.542, paragraphs (a) (2) and (3) 14.139,14.151,14.154. of advances. are revised to read as follows: ***** Lists of Subjects (6) * * * § 221.542 Assurance of completion. 24 CFR Part 205 (ii) Where the structure contains no (a) * * * Community facilities. Mortgage elevator, or where the structure contains (2) Where the structure contains no insurance, Land development. an elevator and is three stories or less, elevator or where the structure contains assurance shall be by corporate surety an elevator and is three stories or less, 24 CFR Part 207 bonds for payment and performance, assurance shall be by corporate surety Mortgage insurance, Rental housing, each in the amount of 100 percent of the bonds for payment and performance, Mobile home parks. amount of HUD estimate of construction each in the amount of 100 percent of the or rehabilitation cost, or a completion amount of the HUD estimate of 24 CFR P art 213 assurance agreement secured by a cash construction or rehabilitation cost, or a Mortgage insurance, Cooperatives. deposit in the amount of 15 percent of completion assurance agreement the amount of HUD estimate of 24 CFR Part 221 secured by a cash deposit in the amount construction or rehabilitation cost. of 15 percent of the amount of the HUD Condominiums, Low and moderate (iii) Where the structure contains an estimate of construction or income housing, Mortgage insurance, elevator and is four stories or more, rehabilitation cost. Displaced families, Single family assurance shall be by corporate surety (3) Where the structure contains an housing, Projects, Cooperatives. bonds for payment and performance, elevator and is four stories or more, each in the amount of 100 percent of the 24 CFR Part 232 assurance shall be by corporate surety amount of the HUD estimate of bonds for payment and performance, Fire prevention. Health facilities, Loan construction or rehabilitation cost, or a each in the amount of 100 percent of the program—health, Loan programs— completion assurance agreement amount of the HUD estimate of housing and community development, secured by a cash deposit in the amount construction or rehabilitation cost, or a Mortgage insurance, Nursing homes, of 25 percent of the amount of the HUD completion assurance agreement Intermediate care facilities. estimate of construction or secured by a cash deposit in the amount rehabilitation cost. of 25 percent of the amount of the HUD 24 CFR P art 241 ***** estimate of construction or Energy conservation, Mortgage rehabilitation cost. insurance, Solar energy, Projects. PART 213—COOPERATIVE HOUSING MORTGAGE INSURANCE 24 CFR Part 242 PART 232—NURSING HOMES AND Hospitals, Mortgage insurance. 3. In § 213.27, paragraphs (e) (2) and (3) are revised to read as follows: INTERMEDIATE CARE FACILITIES 24 CFR Part 244 MORTGAGE INSURANCE § 213.27 Assurance of completion. Health facilities. * * * * * 5. In | 232.56, paragraphs (a) (2) and Accordingly, the Department amends (e) * * * (3) are revised to read as follows: Parts 205, 207, 213, 221, 232, 241, 242, and (2) Where the structure contains no § 232.56 Assurance of completion. 244 as follows: elevator, or where the structure contains an elevator and is three stories or less, (a) * * * PART 205—MORTGAGE INSURANCE assurance shall be by corporate surety (2) Where a structure contains no FOR LAND DEVELOPMENT (TITLE X) bonds for payment and performance, elevator or where the structure contains each in the amount of 100 percent of the an elevator and is three stories or less, 1. In § 205.82, paragraph (a)(1) is assurance shall be by corporate surety revised to read as follows: amount of the HUD estimate of construction or rehabilitation cost, or a bonds for payment and performance, § 205.82 Assurance of completion. completion assurance agreement each in the amount of 100 percent of the (a) Assurance of completion secured by a cash deposit in the amount amount of the HUD estimate of satisfactory to the Commissioner shall of 15 percent of the amount of the HUD construction or rehabilitation cost or a be furnished in one of the following estimate of construction or completion assurance agreement secured by a cash deposit in the amount forms: rehabilitation cost. (1) Performance and payment bonds (3) Where the structure contains an of 15 percent oflhe amount of the HUD issued by a surety company satisfactory elevator and is four stories or more, estimate of construction or to the Commissioner on forms approved assurance shall be by corporate surety rehabilitation cost. Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations 44071

(3) Where the structure contains an § 244.95 Funds and finances—insured elevator and is four stories or more, of the effective date is published in the advances—assurance of completion. Federal Register. assurance shall be by corporate surety (a) * * * f o r f u r t h e r information c o n t a c t : bonds for payment and performance (2) Where the structure contains no Grady J. Norris, Assistant General each in the amount of 100 percent of the elevator or where the structure contains amount of the HUD estimate of Counsel for Regulations, Department of an elevator and is three stories or less, Housing and Urban Development, Room construction or rehabilitation cost, or a assurance shall be,by corporate surety 10276, 451 Seventh Street, SW., completion assurance agreement bonds for payment and performance Washington, D.C. 20410, (202) 755-7055. secured by a cash deposit in the amount each in the amount of 100 percent of the (This is not a toll-free number.) of 25 percent of die amount of the HUD amount of the HUD estimate of estimate of construction or construction or rehabilitation cost, or a SUPPLEMENTARY INFORMATION: The rehabilitation cost. completion assurance agreement Secretary of Housing and Urban secured by a cash deposit in the amount Development recently established of 15 percent of the amount of the HUD within the Department a new position of PART 241—SUPPLEMENTAL estimate of construction or Assistant Secretary for Public and FINANCING FOR INSURED PROJECT rehabilitation cost. Indian Housing to carry out the MORTGAGES (3) Where the structure contains an Department’s programs relating to 6. In § 242.140, paragraph (a)(2) is elevator and is four stories or more, public housing and Indian housing. revised to read as follows: assurance shall be by corporate surety These functions were transferred to the bonds for payment and performance, new Assistant Secretary by a delegation § 241.140 Assurance of completion. each in the amount of 100 percent of the of authority signed by the Secretary on * * * * * amount of the HUD estimated September 7,1983 (published in the (a) * * * construction or rehabilitation cost, or a Federal Register on September 13,1983, (2) Where the estimated cost of completion assurance agreement 48 FR 41097). construction of the improvement is more secured by a cash deposit in the amount This document creates a new Chapter than $500,000 or where such costs is less of 25 percent of the amount of the HUD IX, Office of Assistant Secretary for than $500,000 and a personal indemnity estimate of construction or Public and Indian Housing, which will agreement is not executed the assurance rehabilitation cost. contain all regulations relating solely to shall be in the form of corporate surety ***** HUD’s public and Indian housing bonds for payment and performance, I Authority: Sec. 211, National Housing Act programs. By a later redesignation each in the minimum amount of 100 (12 U.S.C. 1715b). document, the Secretary will transfer to percent of the HUD estimate of Dated: September 21,1983. Chapter IX existing regulations construction or rehabilitation cost, or a Philip Abrams, contained in other chapters of Title 24 completion assurance agreement Assistant Secretary for Housing—Federal which now come under the jurisdiction secured by a cash deposit in the Housing Commissioner. of the Assistant Secretary for Public and minimum amount of 15 percent of the Indian Housing. Creating a new Chapter amount of the HUD estimate of [FR Doc. 83-26256 Filed 9-26-83; 8:45 am] BILLING CODE 4210-27-M IX today will allow the new Assistant construction, or rehabilitation cost. Secretary to begin issuing rules ***** immediately. Office of the Secretary To create a new Chapter IX, the PART 242—MORTGAGE INSURANCE 24 CFR Chs. IX, X, and XI Secretary is moving existing material in FOR HOSPITALS Chapter IX to a new Chapter X and [Docket No. R-83-1123] 7. § 242.61, paragraph (b) is revised t > existing material in Chapter X to a new read as follows: Establishment of a New Chapter for Chapter XI. These changes will enable the Assistant Secretary for Public and closely related housing program § 242.61 Funds and finances— insured Indian Housing and Redesignation of regulations to appear in contiguous advances—assurance of completion. Regulations on Interstate Land Sales chapters. ***** Registration and Solar Energy and The Department has determined that (b) Where the estimated cost of Energy Conservation these redesignations need not be construction or rehabilitation is more published as a proposed rule, as A G E N C Y : Office of the Secretary, HUD. than $500,000 or where such cost is less generally required by the Administrative than $500,000 and a personal indemnity a c t io n : Final rule. Procedure Act (APA), since they merely agreement is not executed and, in all s u m m a r y : This rule establishes a neyv reflect agency practice, and are thus cases involving Hill Burton grants or Chapter in Title 24 for HUD regulations exempt under section 553(b)(A) of the HHS guaranteed loans, the mortgagor on public and Indian housing. The APA. k burnish assurance of completion in creation of a new Chapter is A Finding of No Significant Impact the form of corporate surety bonds for necessitated by a recent reorganization with respect to the environment required payment and performance, each in the within the Department and the creation by the National Environmental Policy minimum amount of 100 percent of the of a new position of Assistant Secretary Act (42 U.S.C. 4321-4347) is accepted bid prices. unnecessary, since this reorganization of * * * * * for Public and Indian Housing. The reorganization and resultant regulations is categorically excluded restructuring of HUD’s regulations under HUD regulations at 24 CFR c£ 5 L 244*""MORTGAGE INSURANCE should enhance the usability of HUD’s 50.21 (k). f GR GROUP PRACTICE FACILITIES This rule does not constitute a “major (TITLE XI) regulations. e f f e c t iv e d a t e : Upon expiration of the rule” as that term is defined in Section 8. § 244.95, paragraphs (a) (2) and (3) first period of 30 calendar days of 1(b) of the Executive Order 12291 on are revised to read as follows: continuous session of Congress after Federal Regulation issued on February publication, but not before further notice 17,1981. Analysis of the rule indicates 44072 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations that it does not: (1) Have an annual DEPARTMENT OF THE TREASURY included in the final regulations: The effect on the economy of $100 million or credit for excess FICA withholding more; (2) cause a major increase in cost Internal Revenue Service under section 31(b), the deduction for payments to Keogh accounts described or prices for consumers, individual 26 CFR Part 31 industries, Federal, State or local in section 62(7) and allowed by section 404 and section 405(c), the deduction for government agencies, or geographic [T.D. 7915] interest penalties forfeited because of regions; or (a) have a significant adverse Employment Taxes and Collection of premature withdrawal of funds effect on competition, employment, Income Tax at Source; Income Tax described in section 62(12) and allowed investment, productivity, innovation, or Withholding by section 165, the direct charitable on the ability of United States-based deduction under section 170(i), the enterprises to compete with foreign- a g e n c y : Internal Revenue Service, deduction for net operating loss based enterprises in domestic or export Treasury. carryovers under section 172, and net markets. AC TtO j£ Final regulations. losses from Form 4797 (Supplemental Pursuant to section 605(b) of the SUMMARY: This document provides final Schedule of Gains or Losses). Regulatory Flexibility Act (5 U.S.C. 601) Employment Tax and Collection of The Service received several the Undersigned hereby certifies that Income Tax at Source Regulations (26 comments requesting an explanation of this rule does not have a significant CFR Part 31) relating to income tax the rules whereby employees may take economic impact on a substantial withholding. Changes to the applicable payments to individual retirement number of small entities because it tax law were made by the Economic accounts (IRA’s) into consideration on merely changes the organization of the Recovery Tax Act of 1981. The Form W -4 under proposed § 31.3402(m}- Department’s regulations. regulations provide guidance to 1(b)(4) (final | 31.3402(m)-l(b)(10)). This rule was not listed in the employers and employees with respect First, the employee must determine Department’s Semi-Annual Agenda of to such withholding. whether the employer is withholding* Regulations published on April 25,1983 DATES: The regulations are effective for income tax on the IRA payments. (48 FR 18054). withholding from remuneration paid Pursuant to section 3401(a)(12)(D), the employer should not withhold income Accordingly, the Department amends after December 31,1981, except that the tax if it is reasonable for the employer to 24 CFR Chapters IX, X, and XI as amendments to the regulations relating to increases in withholding (§ 31.34Q2(i)- believe that the employee will be follows: entitled to a deduction for the IRA 1. By redesignating Chapter IX— 2) are effective for requests made after September 30,1981. payments. This situation could arise Office of Assistant Secretary for where an employer deposits a portion of FOR FURTHER INFORMATION CONTACT: Housing—Federal Housing the employee’s pay directly into an IRA Barry L. Wold of the Legislation and Commissioner, Department of Housing account for the employee. If the Regulations Division, Office of the Chief and Urban Development (Parts 1700- employer is not withholding income tax Counsel, Internal Revenue Service, 1111 1799), as Chapter X—Office of the on the IRA payments, the employee is Constitution Avenue, NW., Washington, Assistant Secretary for Housing— not permitted to take the BRA payments D.C. 20224 (Attention: CC:LR:T) (202- Federal Housing Commissioner, into consideration in determining the 566-3803). Department of Housing and Urban number of withholding allowances to SUPPLEMENTARY INFORMATION: Development (Parts 1700-1799) and which the employee is entitled. If transferring the existing Parts 1700,1710, Background however the employer is withholding income tax on the IRA payments, the 1715,1720 and 1730 to new Chapter X. On October 27,1981, the Federal employee is permitted to take the IRA 2. By redesignating Chapter X—Solar Register published proposed Energy and Energy Conservation Bank, amendments to the Employment Tax payments into consideration in determining the number of withholding Department of Housing and Urban and Collection of Income Tax at Source allowances to which the employee is Development (Parts 1800-1899) as Regulations (26 CFR Part 31) under entitled. Chapter XI—Solar Energy and Energy section 3402 of the Internal Re venue Several comments suggested that the Conservation Bank, Department of Code of 1954 (46 FR 52391). The Service provide a mechanism to Housing and Urban Development (Parts regulations were proposed to conform ameliorate the occurrence of 1800-1899J, and transferring the existing . the existing regulations to section 101(e) of the Economic Recovery Tax Act of overwithholding that employees Parts 1800 and 1895 to new Chapter XI. encounter in situations similar to the 3. By adding a new Chapter IX, 1981 (95 Stat. 172,184). A public hearing was not held, since one was not following example. A taxpayer entitled Office of Assistant Secretary for requested. After consideration of all purchases property on July 1 and on that Public and Indian Housing, Department comments regarding the proposed N date claims the additional allowances to of Housing and Urban Development amendments, those amendments are which the taxpayer is entitled due to the (Parts 900-999). adopted as revised by this Treasury $5,000 tax due on that property on October 1. The taxpayer will have the Authority: Sec. 7(d), Department of Housing decision. benefit of reduced witholding due to the and Urban Development Act (42 U.S.C. Response to Major Comments additional allowances for 6 months. The 3535(d)). The Service received several taxpayer would however need the Dated: September 21,1983. comments suggesting that the Service benefit of reduced withholding due to permit employees to consider additional the additional allowances for the full Sam uel R/Pierce, Jr., items in determining the number of year to reduce the taxpayer’s Secretary of Housing and Urban withholding allowances the employee withholding to a level that would Development. may properly claim on the employee’s counterbalance the deduction for the [FR Doc. 83-28254 Filed 9-28-83; 8:45 am} Form W-4. The following items that property tax. Without the benefit of BILLING CODE 4210-01-M were suggested in comments have been reduced withholding for the full year, Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations 44073

the taxpayer will be due a refund. The Employment Tax and Collection of (1) He is married (as determined Service has therefore amended Income Tax at Source Regulations (26 under section 143) and his spouse is an § 31.3402(h)(3)-l to.provide that CFR Part 31): employee receiving wages subject to employees may request that employers withholding, or use the cumulative method of witholding PART 31—EMPLOYMENT TAXES AND to alleviate this problem. The Service COLLECTION OF INCOME TAX AT (2) He has withholding exemption has also amended § 31.3402(m)-l(d) to SOURCE certificates in effect with respect to provide an optional computation that more than one employer. will alleviate this problem for mid-year § 31.34Q2(a)-2 [Removed] These restrictions do not apply if the increases in interest payments or taxes Paragraph 1. Section 31.3402(a}-2 combined wages of the employee and due to a purchase of real property. (relating to amount of tax to be withheld the spouse (if any) from other than one under percentage method of employer of the employee is 10 percent Non-Applicability of Executive Order withholding) is removed. or less of combined total wages of the 12291 Par. 2. Section 31.3402(b)-l (relating to employee and the spouse. The Treasury Department has percentage method of withholding) is § 31.3402(fX2)-1 [Amended] determined that this final regulation is revised to read as follows: not subject to review under Executive Par. 7. Section 31.3402(f)(2)-l (relating Order 12291 or the Treasury and QMB § 31.3402(b)-1 Percentage method of to withholding exemption certificates) is withholding. implementation of the Order dated April amended by removing the phrase “in 28,1982. With respect to wages paid after April lieu of the first-mentioned certificate” 30,1975, the amount of tax to be from the first sentence of paragraph (a), Regulatory Flexibility Act deducted and withheld under the by removing the phrase “for itemized Pursuant to 5 U.S.C. 605(b), the percentage method of withholding shall deductions” from paragraphs (b)(l)(iv), Secretary of the Treasury has certified be determined under the applicable (b)(l)(v), and (c)(l)(i)(c), by removing the that the requirements of the Regulatory percentage method withholding table phrase “his itemized deductions” from Flexibility Act do not apply to these contained in Circular E (Employer’s Tax paragraph (b)(l)(iv) and inserting in lieu final regulations as they will not have a Guide) according to the instructions thereof the phrase “the determinable significant economic impact on a contained therein. additional amounts for each item under substantial number of small entities. The § 31.3402(b)-2 [Removed] § 31.3402(m)-l”, and by removing the regulations affect primarily individual phrase “and itemized deductions” from employees and do not significantly alter Par. 3. Section 31.3402(b)-2 (relating to paragraphs (b)(l)(v) and (c)(l)(i)(c) and recordkeeping duties of small entities. wage paid before January 1,1970) is inserting in lieu thereof the phrase “and removed. Small entities will be required to deduct the determinable additional amounts for and withoid additional amounts from an § 31.3402(c) - 1 [Amended] each item under § 31.3402(m)-l”. employee’s wages at the request of the Par. 4. Section 31.3402(c)-l (relating to employee. Previously, employers could § 31.3402(f)(3)-1 [Amended] wage bracket withholding) is amended, refuse to comply with such a request. Par. 8. Section 31.3402(f)(3)-l (relating by removing the last sentence from This change, which was mandated by to when withholding exemption paragraph (a)(1), by removing the phrase section 101(e)(4) of the Economic certificate takes effect) is amended by “(§ 31.3402(c)-2, in the case of wages Recovery Tax Act of 1981, will not have removing the second sentence of paid before July 14,1968)” from the first a significant economic impact on a paragraph (d) and by removing sentence of paragraph (b), and by substantial number of small entities paragraph (e). removing the phrase “paragraph (d) of because the majority of employers Par. 9. Section 31.3402(f)(4)-l(a) is currently comply with such requests and § 31.3402(b)-l” from the last sentence of paragraph (d)(2) and inserting in lieu amended by adding two sentences at the increased cost to the employer is not the end thereof as follows: significant. thereof the phrase “Circular E”. § 31.3402(c)-2 [Removed] § 31.34Q2(f)(4)~1 Period during which Drafting Information withholding exemption certificate remains Par. 5. Section 31.3402(c)-2 (relating to The principal author of these in effect. wages paid before July 14,1968) is regulations is Barry L. Wold of the removed. (a) In g en eral. * * * Paragraphs (b)' Legislation and Regulatiqns Division of and (c) of this section are applicable the Office of Chief Counsel, Internal § 3l.3402(f)(i)-i [Amended] only for withholding exemption Revenue Service. However, personnel Par. 6. Section 31.3402(f)(l)-l (relating certificates furnished by the employee to from other offices of the Internal to withholding exemptions) is amended the employer before January 1,1982. See Revenue Service and Treasury by removing the phrase “based on § 31.3402(f) (4)-2 for the rules applicable Department participated in developing itemized deductions” from paragraph to withholding exemption certificates the regulations, on matters of both (a)(2), by removing the phrase “for furnished by the employee to the substance and style. itemized deductions” from the last employer after December 31,1981. ***** List of Subjects in 26 CFR Part 31 sentence of paragraph (b), and by adding a new paragraph (e) at the end Par. 10. Section 31.3402(f)(4)-2 is Employment taxes, Income taxes, thereof to read as follows: Lotteries, Railroad retirement, Social added after § 31.3402(f)(4)-l and reads as follows: security, Unemployment tax, § 31.3402(f)(1) - 1 Withholding exemptions. Withholding. * * * * * § 31.3402(f)(4)-2 Effective period of Adoption of Amendments to the (e) Withholding exemption to which withholding exemption certificate. Regulations an employee is entitled in respect o f the (a) In g en eral. Except as provided in zero bracket allowance. An employee is paragraphs (b) and (c) of this section, a Accordingly, the following entitled to one additional withholding amendments are made to the withholding exemption certificate that exemption unless: takes effect under section 3402(f) of the 44074 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 19é3 f FÍüíe9 and Regulations

Internal Revenue Code of 1954, or that § 31.3402(f)(5)-1 Form and contents of (4) Part-year employment. For on December 31,1954, was in effect withholding exemption certificates. purposes of this paragraph, “part-year under section 1622(h) of the Internal (a) Form W -4 is the form prescribed employment” means one or more terms Revenue Code of 1939, shall continue in for the withholding exemption of continuous employment with all effect with respect to the employee until certificate required to be filed under employers which term or terms will not another withholding exemption section 3402(f)(2). A withholding aggregate more than 245 days within a certificate takes effect under section exemption certificate shall be prepared calendar year. For example, A graduates 3402(f). Paragraphs (b) and (c) of this in accordance with the instructions and from college in May and was not section are applicable only for regulations applicable thereto, and shall employed from January through May. A withholding exemption certificates set forth fully and clearly the data accepts a permanent position with X furnished by the employee to the therein called for. A withholding Co., beginning June 1. Since the total employer after December 31,1981. See exemption certificate that does not set duration of A’s term of continuous § 31.3402(f)(4)-l for the rules applicable forth fully and clearly the data therein employment will, during the current to withholding exemption certificates called for is an invalid withholding calendar year, not exceed 245 days it furnished by the employee to the exemption certificate under does qualify as part-year employment employer before January 1,1982. § 31.3402(f)(2)—1(e) (relating to for purposes of this section. (b) Withholding allowances under withholding exemption certificates). If, however, A had also worked for Y section 3402(m). See paragraphs (b) and Blank copies of Form W -4 will be Co. from December 15 of the previous (c) of § 31.3402(f)(2)-l (relating to supplied employers upon request to the year through February 5 of the current withholding exemption certificates) for district director. In lieu of the prescribed calendar year, the total duration of A’s information as to when an employee form, employers may prepare and use a terms of continuous employment will, claiming withholding allowances under form the provisions of which are during the current calendar year, exceed section 3402(m) and the regulations identical with those of the prescribed 245 days (36 days (January 1 through thereunder must file a new withholding form, but only if employers also provide February 5) plus 214 days (June 1 exemption certificate with his employer. employees with all the tables and through December 31) equals 250 days). (c) Statements under section 3402(n) instructions contained in the Form W -4 This year’s employment does not eliminating requirement o f withholding. in effect at that time and only if therefore qualify as part-year The statements described in employers comply with all revenue employment for purposes of this section. § 31.3402(n)-l made by an employee procedures relating to substitute forms (5) Employee’s request, (i) * * * with respect to his preceding taxable in effect at that time. (b ) A statement that the employee * * * * * year and current taxable year shall be reasonably anticipates that he will be effective until either a new withholding Par. 12. Section 31.3402(h) (3)—1 is employed for an aggregate of no more exemption certificate furnished by the amended by adding a new paragraph (c). than 245 days in all terms of continuous employee takes effect or the existing as follows: employment during the current calendar certificate that contains such statements year, and § 31.3402(h)(3)-1 Withholding on basis of expires. In no case shall a withholding ***** cumulative wages. exemption certificate that contains such ***** Par. 14. Section 31.3402(i)-l Irelating statements be effective with respect to to additional withholding) is amended any payment of wages made to an (c) Requests due to increases or by adding a new paragraph (c) to read employee: decreases in allowances. An employee as follows: (1) In the case of an employee whose may request pursuant to this section that his employer withhold on the basis of §31.3402(i)-1 Additional withholding. liability for tax under subtitle A is * * * * * determined on a calendar year basis, the employee’s cumulative wages when after February 15 of the calendar year the employee is entitled to claim an (c) This section is applicable only to following the estimation year, or increased or decreased number of agreements made before October 1, withholding allowances under 1981. Any such agreement shall remain (2) In the case of an employee to § 31.3402(m)-l during the estimation in effect in accordance with paragraph whom paragraph (c)(1) of this section year (as defined in § 31.3402(m)-l(c)(l)). (a). See § 31.3402 (i)-2 for rules relating does not apply, after the 15th day of the to increases in withholding after 2nd calendar month following the last § 31.3402(h)(4)-1 [Amended] September 30,1981. day of the estimation year. Par. 13. Section 31.3402(h) (4)-l Par. 15. Section 31.3402(i)-2 is added (d) Estimation year. The estimation (relating to other methods) is amended after § 31.3402(i)-l and reads as follows: year is the taxable year including the by removing from the last sentence of day on which the employee files the paragraph (c)(1) the phrase “for § 31.3402(i)~2 Increases or decreases in withholding exemption certificate with estimated itemized deductions”, by withholding. his employer, except that if the removing from the fifth sentence of (a) Increases in withholding—(1) In employee files the withholding paragraph (c)(2) the phrase “paragraph g en eral. In addition to the tax required exemption certificate with his employer (d)(2) of § 31.3402(b)-l” and adding in to be deducted and withheld in and specifies on the certificate that the lieu thereof the phrase “Circular E”, by accordance with the provisions of certificate is not to take effect until a removing paragraph (c)(6), and by section 3402, the employee may request, specified future date, the estimation revising paragraphs (c)(4) and (c)(5)(i)(6) after September 30,1981, that die year shall be the taxable year including to read as follows: employe! deduct and withhold an that specified future date. additional amount from the employee’s § 31.3402(h)(4)-1 Other methods. Par. 11. Section 31.3402(f)(5)—1 is ***** wages. The employer must comply with amended by removing the phrase “or the employee’s request, except that the W -4E” from paragraph (b) and by (c) P art-year em ploym ent m eth od o f employer shall comply with the revising paragraph (a) to read as withholding. employee’s request only to the extent follows: ***** that the amount that the employee Federal Register / Voh 48. No. 188 / Tuesday, September 27, 1983 / Rules and Regulations 44075

requests to be deducted and withheld (iii) That the employee may claim the income averaging under sections 1301 under this section does not exceed the credit for certain uses of gasoline and through 1305. amount that remains after the employer special fuels under section 39 only to the has deducted and withheld all amounts extent the employee has not filed for a The employee must first use these items otherwise required to be deducted and quarterly tax refund of the credit on ((1) through (13) of this paragraph (b)) to withheld by Federal law (other than by Form 843, eliminate any payment of estimated tax (as defined in section 6015(d)). Only section 3402(i) and this section), State (iv) That the employee may claim the amounts of these items remaining after law, and local law (other than by State credit for earned income under section the employee has done this may be or local law that provides for voluntary 43 only to the extent the employee has * taken into account in determining the withholding). The employer must not filed for advance payments of the comply with the employee’s request in credit on Form W-5, and number of withholding allowances the employee may claim. accordance with the time limitations of (v) For the credit for overpayment of § 31.3402(f)(3)—1 (relating to when tax under section 45, (c) Definitions—(1) Estimated. The withholding exemptibn certificate takes (3) The estimated trade and business term “estimated” as used in this section effect). The employee must make his deductions of employees described in to modify the terms “deduction”, request on Form W -4 as provided in section 62 (2) and allowed by part VI of “deductions”, “credits”, “losses”, and § 31.3402(f)(5)-l (relating to form and subchapter B of chapter 1, the estimated “amount of decrease” means with contents of withholding exemption deduction for moving expenses under respect to an employee the aggregate certificates), and this Form W -4 shall section 217 but only to the extent that dollar amount of a particular item that take effect and remain effective in the amount of such deduction is not the employee reasonably expects will be accordance with section 3402(f) and the excluded from the definition of wages allowable to him for the estimation year regulations thereunder. by section 3401(a)(15), under the section of the Code specified (2) Amount deducted considered to be (4) The estimated deduction for for each item. In no event shall that tax. The amount deducted and withheld payments to pension, profit-sharing, amount exceed the sum of: pursuant to paragraph (a)(1) of this annuity, and bond purchase plans of (i) The amount shown for that section shall be considered to be tax self-employed individuals described in particular item on the income tax return required to be deducted and withheld section 62(7) and allowed by section 404 that the employee has filed for the under section 3402. All provisions of law and section 405(c), taxable year preceding the estimation and regulations applicable with respect (5) The estimated deduction for year (or, if such return has not yet been to the tax required to be deducted and penalties forfeited because of premature filed, then the income tax return that the withheld under section 3402 shall be withdrawal of funds from time savings employee filed for the taxable year applicable with respect to any amount accounts or deposits described in preceding such year), which amount the deducted and withheld under paragraph section 62(12) and allowed by section employee also reasonably expects to (a)(1) of this section. 165, show on the income tax return for the (b) Decreases in withholding. (6) The estimated direct charitable estimation year, plus [Reserved] deduction under section 170{i), (ii) The determinable additional Par. 16. Section 31.3402 (m)—1 (relating (7) The estimated deduction for net amounts for each item for the estimation to withholding allowances for itemized operating loss carryovers under section year. deductions) is revised to read as 172, follows: The determinable additional amounts (8) The estimated deduction for are amounts that are not included in § 31.3402(m)-1 Withholding allowances. alimony, etc., payments under section paragraph (c)(l)(i) of this section and 215, G eneral rule. that are demonstrably attributable to (a) An employee may (9) The estimated deduction for claim, with respect to wages paid after indentifiable events during the moving expenses under section 217 but December 31,1981, a number of estimation year or the preceding year. only to the extent that the amount of withholding allowances determined in Amounts are demonstrably attributable such deduction is not excluded from the to identifiable events if they relate to accordance with this section. In order to definition of wages by section receive the benefit of such allowances, payments already made during the 3401(a) (15), estimation year, to binding obligations the employee must have in effect with (10) The estimated deduction for his employer a withholding exemption to make payments (including the certain retirement savings under section payment of taxes) during the year, and certificate claiming such allowances. 219 but only to the extent that the Items that may be taken into to other transactions or occurrences, the (b) amount of such deduction is not account. implementation of which has begun and The following items may be excluded from the definition of wages taken into account in determining the is verifiable at the time the employee by section 3401(a)(12)(D), files a withholding exemption certificate number of withholding allowances an (11) The estimated deduction for two- employee may claim: claiming withholding allowances earner married couples under section (1) Estimated itemized deductions relating thereto. The estimation year is 221, the taxable year including the day on allowable under chapter 1, (12) The estimated net losses from (2) The estimated tax credits which the employee files the schedules C (Profit or (Loss) From withholding exemption certificate with allowable under subpart A of part IV of Business or Profession), D (Capital subchapter A of chapter 1, except: his employer, except that if the Gains and Losses), E (Supplemental employee files the withholding (i) For the credit for tax withheld on Income Schedule), and F (Farm Income exemption certificate with his employer wages under section 31(a) (relating to and Expenses) of Form 1040 and from wage withholding), and specifies on the certificate that the the last line of Part II of Form 4797 certificate is not to take effect until a (ii) For the credit for tax withheld at (Supplemental Schedule of Gains and specified future date, the estimation source on nonresident aliens and foreign Losses), year shall be the taxable year including corporations and on tax-free covenant (13) The estimated amount of that specified future date. It is not bonds under section 32, decrease of tax due attributable to reasonable for an employee to include in 44076 Federal Register / Vol. 48, No. 188 / Tuesday, September j27, 1983 / Rules and* Régiilatibris his or her withholding computation for year, recompute the number of (2) Only one certificate to be in effect. the estimation year any amount that is allowances being claimed as required An employee who is entitled to one or shown for a particular item on the by paragraph (c)(1) of this section. If the more withholding allowances under income tax return that the employee has employee uses the computation section 3402(m) and who has, at the filed for the taxable year preceding the described in this subparagraph (2), the same time, two or more employers, may estimation year (or, if such return has employee may not request that his claim such withholding allowance or not yet been filed, then the income tax employer withhold on the basis of the allowances with only one of his return that the employee filed for the employee’s cumulative wages as employers. taxable year preceding such year) and provided in § 31.3402 (h)(3)—1. Par. 17. Section 31.3402(o)-3 (relating that has been disallowed by the Service (e) E xam ples. The application of this to extension of withholding to sick pay) as part of a proposed adjustment section may be illustrated by the is amended by removing the phrase described in § 601.103(b) (relating to following examples: “Form W-4P” each place it appears in examination and determination of tax Example (1). Employee A has an estimated paragraph (b) and inserting in lieu liability) and § 601.105(b) (relating to net loss from a partnership of $2,000 which thereof the phrase "Form W-4S”. would be reported on Schedule E. Employee examination of returns). This Treasury decision is issued under (2) Amount of decrease o f tax due. A is not required to make any payments of estimated tax. Employee A may take her the authority contained in sections 3402 The term “amount of decrease of tax $2,000 partnership loss into consideration in (i) and (m) and 7805 of the Internal due” as used in paragraph (b)(13) of this determining the number of withholding Revenue Code of 1954 (26 U.S.C. 3402 (i) section means: allowances to which she is entitled in and (m), 95 Stat. 172,184; 26 U.S.C. 7805, (1) The amount of tax that the accordance with the tables and instructions 68A Stat. 917). taxpayer would owe on his taxable on Form W-4. income without using Schedule G (Form Example (2). Employee B has an estimated (Approved by the Office of Management and Budget under control number 1545-0010) 1040), minus net loss from a business of $3,000 which (ii) The amount of tax that the would be reported on Schedule C. Employee Roscoe L. Egger, Jr., B would also otherwise be required to make Commissioner o f Internal Revenue. taxpayer would owe on his taxable payments of estimated tax on income of income using Schedule G (Form 1040). $3,000. Employee B may not take his business Approved: May 18,1983. (3) Item ized deductions. The term loss into consideration in determining the John E. Chapoton, ^itemized deductions” as used in number of withholding allowances to which Assistant Secretary of the Treasury. he is entitled in accordance with the tables paragraph (b)(1) of this section has the [FR Doc. 83-26206 Filed 9-26-83; 8:45 am] and instructions on Form W -4. same meaning as ascribed thereto by BILLING CODE 4830-01-M section 63(f) and the regulations Example (3). Employee C has an estimated thereunder. net loss from a farm of $5,000 which would be (d) Computing allowances. (1) The reported on Schedule F. Employee C would also otherwise be required to make payments employee shall compute the number of FEDERAL EMERGENCY of estimated tax on income of $4,000. MANAGEMENT AGENCY allowances he may claim for the items Employee C may only take her farm loss into specified in paragraph (b) of this section consideration to the extent of $1,000 ($5,000- 44 CFR Parts 305,307 and 310 in accordance with the tables and 4,000) in determining the number of instructions on Form W-4. withholding allowances to which she is Removal of Parts (2) If the employee: entitled in accordance with the tables and (i) Pays or accrues amounts instructions on Form W-4. AGENCY: Federal Emergency demonstrably attributable to identifiable (f) S p ecia l ru les—(1) M arried Management Agency (FEMA). events (as defined in paragraph (c)(1) of individuals, (i) Except as provided in a c t io n : Final rule.______this section) that are: subdivision (ii) of this subparagraph, a (A) Interest attributable to ownership husband and wife shall determine the s u m m a r y : This action removes 3 of real property and deductible under number of withholding allowances to obsolete Parts from Subchapter E, section 163(a), or which they are entitled under section Preparedness, of Chapter 1, Title 44, (B) Taxes deductible under section 3402(m) on the basis of their combined Code of Federal Regulations. 164(a)(1), or wages and allowable items. The EFFECTIVE DATE: September 27,1983. (C) Interest or taxes deductible under withholding allowances to which a FOR FURTHER INFORMATION CONTACT: section 216(a), and husband and wife are entitled may be William L. Harding, Assistant General (ii) Is obligated to pay or accrue such claimed by the husband, by the wife, or Counsel, Federal Emergency amounts for at least 2 ypars subsequent they may be allocated between them. Management Agency, Washington, D.C. to the estimation year, However, they may not both have 20472, (202) 287-0377. then the employee may compute the withholding exemption certificates in portion of estimated itemized effect claiming the same withholding SUPPLEMENTARY INFORMATION: The deductions attributable to such amounts allowance. Federal Emergency Management for purposes of paragraph (b)(1) of this (ii) If a husband and wife filed Agency was established by section by multiplying the total of such separate income tax returns for the Reorganization Plan No. 3 of 1978, and amounts to be paid or accrued in the taxable year preceding the estimation functions from five agencies were either estimation year by 12 and by then year and reasonably expect to file transferred to it by the Plan or were dividing that result by the number of separate returns for the estimation year, delegated to it by Executive order. months from the 1st month in the the husband and wife shall determine Existing regulations of the agencies estimation year in which the employee the number of withholding exemptions remained in effect as FEMA regulations pays or accrues such amounts through to which they are entitled under section until replaced. Among regulations the last month of the estimation year. If 3402(m) on the basis of their individual remaining in effect were those which such amounts decrease during the term wages and allowable items, and they had been adopted by the Defense Civil of obligation, the employee must, at the shall be considered to be single for Preparedness Agency (DCPA) in the beginning of each subsequent calendar purposes of the tables on Form W-4. Department of Defense. Certain of these Federal Register / ¥61. 4»,‘ No. 188 /'Tuesday, September 27, 1983 / Rules and Regulations 4 40 77

regulations are now redundant or PART 307—[REMOVED] A typographical error was found in obsolete. 44 CFR Part 307 is entitled the definition of “Fellowship” in the “Nondiscrimination in Federally By removing and reserving Part 307 in Foundation’s “Procedures and Criteria Assisted Programs of the Federal its entirety. for Resolving Questions Involving Moral Emergency Management Agency.” This Character or Loyalty of .Applicants for regulation duplicates one contained in PART 310—[REMOVED] and Holders of National Science 44 CFR Part 7 which is broader in By removing and reserving Part 310 in Foundation Fellowships”, which are coverage. Further, the DCPA regulation its entirety. published in Part 610 of Title 45 of the implemented a Department of Defense (50 U.S.C. Appendix 2253) Code of Federal Regulations. Section regulation on Title VI of the Civil Rights Dated: September 14,1983. Act of 1964, and contains many 610.2(c) is amended to correct this error. references to the Department’s Louis O. Giuffrida, Part 635 prescribes procedures for regulations which are consistent only D irector. "Keeping of records and furnishing of with the concept of an agency which is [FR Doc. 83-26300 Filed 9-26-83; 8:45 am] reports in connection with weather part of the Department of Defense. BILUNG CODE 6718-01-M modification activities”. The FEMA is presently developing responsibility for collecting such reports revisions to Part 7 “Nondiscrimination was taken away from the Foundation in in Federally Assisted Programs.” Thus NATIONAL SCIENCE FOUNDATION 1968 by Pub. L. 90-407 and was given to the Secretary of Commerce in 1971 by Part 307 should be withdrawn. 45 CFR Parts 602,610,635, and 650 Part 310 contained the DCPA Pub. L 92-205. The National Oceanic and Atmospheric Administration has organizational statement plus one Exemption of Certain Financial published implementing regulations as additional section describing a Interests; Questions Involving Moral Part 908 of Title 15 of the Code of publications.system for “civil Character or Loyalty of Applicants for Federal Regulations. Part 635 is preparedness guides and circulars.” The and Holders of Fellowships; Keeping organizational statement has long since therefore no longer needed and is of Records and Furnishing of Reports deleted. been superseded and FEMA is using in Connection with Weather other methods to describe its Modification Activities; Patents Several clerical errors were found in publication of guides and circulars. the National Science Foundation’s Thus, this part also is obsolete and a g e n c y : National Science Foundation. patent regulation published on May 2, should be withdrawn. ACTION: Final rule. 1983 (48 FR 19860). These are corrected Part 305 deals with a DCPA program below. of financial assistance for Su m m a r y : This action removes The Foundation has determined that reimbursement on a matching funds regulations concerning employee this action is not a major rule as defined basis for travel and per diem allowance conflicts of interests and weather in Executive Order 12291 of February 17, for students attending certain schools modification activities that have been 1981 (3 CFR 1981 Comp., p. 127). operated by FEMA. This program has determined to be no longer necessary List of Subjects been replaced with other programs for and makes clerical corrections to reimbursement of travel and per diem regulations governing inventions 45 CFR Part 602 expenses of such students and thus also resulting from NSF-fimded research and is obsolete. investigations of the loyalty and moral Government employees, Conflict of This removal of parts action is character of NSF fellowship applicants interests, Grant programs—science and basically a housekeeping rule, and it is and holders. technology. not a substantive rule. As no actions are EFFECTIVE DATE: September 27,1983. 45 CFR Part 610 being taken under these rules, notice ADDRESS: All comments should be and public comment are considered addressed to: Assistant to the General Scholarships and fellowships, unnecessary and the rule can be made Counsel, Office of the General Counsel, Students. effective immediately. Room 501, National Science Foundation, 45 CFR Part 635 List of Subjects Washington, DC 20550. FOR FURTHER INFORMATION CONTACT: Weather, Reporting and 44 CFR Part 305 John Chester, Assistant to the General recordkeeping requirements. Civil defense, Student aids. Counsel, at (202) 357-9447. This is not a 45 CFR P art 650 toll-free number. 44 CFR Part 307 SUPPLEMENTARY INFORMATION: Part 602 Government procurement, Grant Civil rights, Grants Program/National of Title 45 of the Code of Federal programs—science and technology,- Defense. Regulations, "Exemption of Certain Inventions and patents, Nonprofit organizations, Small businesses. 44 CFR Part 310 Financial Interests”, described those interests that the Foundation exempted Dated: September 22,1983. Civil defense. from the operation of section 208(a) and Charles H. Herz, Accordingly, Subchapter E of Chapter from case-by-case formal General Counsel. determinations under section 208(b)(1) 1. Title 44, Code of Regulations, is Accordingly, Title 45 of the Code of hereby amended by removing and of title 18 of the United States Code. As part of a recent revision of the Federal Regulations is amended as reserving Parts 305, 307, and 310 as provided below: follows: Foundation’s conflict of interest regulation, the material contained in this PART 602—[REMOVED] PART 305—[REMOVED] part was incorporated into Subpart B of Part 680 of Title 45 (45 CFR 680.21). Part T. Title 45 of the Code of Federal By removing and reserving Part 305 in 602 is therefore no longer needed and is its entirety. Regulations is amended by removing deleted. Part 602. 44078 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations

PART 610—[AMENDED] Director of Public Affairs with an composed of the Offices of Public Assistant Secretary for Public Affairs. Information; and TV, Film, and 2. Section 610.2(c) of Title 45 of the The Departmental Office of Public Publications. Code of Federal Regulations is revised Affairs is reorganized in line with this (h) Office o f the Inspector General. to read as follows: change. The duties and responsibilities of the Office of Inspector General are carried §610.2 Definitions. DATE: The effective date of this * * * -* *' amendment is September 27,1983. out by the Assistant Inspector General FOR FURTHER INFORMATION CONTACT: for Auditing; the Assistant Inspector (c) F ellow sh ip (also referred to as General for Investigations; and the Robert I. Ross, Office of the General "award”) means an award made by the Assistant Inspector General for Policy, Foundation to an individual under Counsel, C-50, Department of Transportation, Washington, DC, (202) Planning, and Resources. section 10 of the Act. (i) Regional Representatives of the ***** 426-4723. S ecretary. These officials represent the SUPPLEMENTARY INFORMATION: Since Secretary in the field and constitute a PART 635—[REMOVED] this amendment relates to Departmental principal point of contact for the management, procedures, and practice, exchange of information in regional 3. Title 45 of the Code of Federal notice and comment on it are Regulations is amended by removing interagency, and intergovernmental unnecessary and it may be made affairs. Part 635. effective in fewer than thirty days after 2. In § 1.23, paragraph (a) is revised, PART 650—[CORRECTED] publication in the Federal Register. Before this change, the Director of paragraph (k) is removed, paragraphs (g) through (j) are redesignated and 4. In FR Doc. 83-11695 appearing on Public Affairs was an official appointed republished as (h) through (k), and a pages 19860 through 19865 of the issue of by the Secretary and reporting directly new paragraph (g) is added, to read as May 2,1983, 45 CFR Part 650 is corrected to her, and was in charge of a single follows: as follows: Departmental Office of Public Affairs. a. In paragraph j., “March-in Rights”, With this change, DOT’S principal public § 1.23 Spheres of primary responsibility. of the Patent Rights (April 1983) clause affairs officer is an Assistant Secretary (a) Secretary and Deputy Secretary. in § 650.4(a), appearing on p. 19862, in (Level IV of the Executive Schedule), Overall planning, direction, and control the third column, in the introductory appointed by the President with the of Departmental affairs, small and paragraph “45 CFR 650.13” is changed to advice and consent of the Senate. Two disadvantaged business participation in read “45 CFR 650.14”. offices report directly to the Assistant Departmental programs, and b. On page 19865, in the first column, Secretary: the Office of Public transportation research and technology. § 650.15(e) is redesignated as « Information and the Office of TV, Film, * * * * * §650.15(d). and Publications. (g) Assistant Secretary for Publici c. In the first sentence of § 650.16(a) List of Subjects in 49 CFR Part 1 A ffairs. Public information and appearing in the first column on page Departmental relations with the news 19865, a comma is inserted after the Authority delegations (government media, the general public, and selected words "material dispute” and the agencies), Organization and functions special publics. reference to “§ 650.15(e)” is changed to (government agencies). (h) Inspector General. Conduct, read “650.15(d)”. In consideration of the foregoing, Part 1 of Title 49, Code of Federal supervise, and coordinate audits and Authority: Sec. 11(a) of the National Regulations, is amended as follows: investigations, review existing and Science Foundation Act of 1950, as amended, 1. In § 1.22, paragraph (a) is revised, proposed legislation and make 42 U.S.C. 1870(a). paragraphs (g) and (h) are redesignated recommendations to the Secretary and [FR Doc. 83-26251 Filed 9-26-83; 8:45 am] and republished as (h) and (i), and a Congress (Semi-annual reports) BILLING! CODE 7S55-01-M new paragraph (g) is added, to read as concerning their impact on the economy follows: and efficiency of program administration, or the prevention and DEPARTMENT OF TRANSPORTATION § 1.22 Structure detection of fraud and abuse; The structure of the Office of the recommend policies for and conduct, Office of the Secretary Secretary, through the level of functional supervise, or coordinate other activities 49 CFR Part 1 offices, is as follows: of the Department for the purpose of (a) Secretary and Deputy Secretary. promoting economy and efficiency in [OST Docket No. 1; Arndt. 1-184] The Secretary and the Deputy Secretary program administration, or preventing are assisted by the Executive and detecting fraud and abuse. Organization and Delegation of Secretariat, the Contract Appeals Board, (i) Executive Secretary. Central Powers and Duties; Assistant the Departmental Office of Civil Rights, facilitative staff for the Immediate Secretary for Public Affairs the Office of Small and Disadvantaged Office of the Secretary and Secretarial Business Utilization, and the Office of a g e n c y : Department of Transportation Officers. (DOT), Office of the Secretary. Transportation Research and (j) Contract Appeals Board. Hearings Technology, all of which report to the and decisions on appeals from decisions a c t io n : Final rule. Secretary. The Assistant Secretaries, the of Departmental contracting officers and s u m m a r y : To emphasize the General Counsel, the Inspector General, on claims for extraordinary relief under importance, and increase the visibility, and the Regional Representatives of the Pub. L. 85-ë04. of the Department of Transportation’s Secretary also report directly to the (k) Departmental Office o f Civil public affairs program, DOT is Secretary. Rights. DOT director of equal upgrading its chief public affairs officer ***** employment opportunity; Department- from an office director to an Assistant (g) Office o f the Assistant Secretary wide compliance officer; Title VI (Civil Secretary. This amendment replaces the for Public Affairs. This Office is Rights Act of 1964) coordinator; Federal Register / Vor. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations 4 4079

Department-wide compliance with Executive Order 12418 which transfers of 1906 (which applies only to bridges related laws, Executive Orders, to DOT from the Federal Maritime approved under that act) or the Truman- regulations, and policies, and formal Commission (FMC) authority to Hobbs Act (which applies only to complaints of discrimination. establish minimum levels of financial railroad and highway bridges and ***** responsibility of vessels for pollution provides for the United States to assume 3. In § 1.26(a), paragraphs (6) and (7) liability, thereby supplementing existing a portion of the costs of alteration). are redesignated and republished as (7) Coast Guard authority; Under the Coast Guard Authorization and (8), and a new paragraph (6) is (3) Delegates to The Commandant the Act of 1982 (Pùb. L. 97-322), the added, to read as follows: authority vested in the Secretary by the authority to require the alteration or Fisheries Amendments of 1982 to removal of bridges permitted under the § 1.26 Secretarial succession. cooperate with the Secretary of General Bridge Act of 1946 was finally (а) The following officials, in the order Commerce in implementation of the transferred to DOT from the Army; indicated, shall act as Secretary of Convention for the Conservation of included also are a prohibition on Transportation, in case of the absence Salmon in the North Atlantic Ocean, endangering or obstructing navigation or disability of the Secretary, until the and to document and certify the by failing to keep a bridge or accessory absence or disability ceases, or, in case inspection of certain vessels. These are works in proper repair, and the authority of a vacancy, until a successor is all normal activities of the Coast Guard; to assess civil penalties for enforcement. appointed: (4) Delegates to the Commandant the Since the rest of the General Bridge Act ...... * * * • * * functions assigned to the Secretary by athority is already carried out by the (б) Assistant Secretary for Public Executive Order 12419, which directs* the Coast Guard, this additional authority is Affairs. Secretary to carry out the obligations of also delegated to the Commandant. (7) Assistant Secretary for the United States under the Executive Order 12418—Under Administration. International Convention on Tonnage various laws, vessels must demonstrate (8) Saint Lawrence Seaway Measurement of Ships, 1969, and the financial responsibility for pollution. functions vested in the Secretary by the Development Corporation The establishment of the proper levels Tonnage Measurement Simplification Administrator. of financial responsibility under some of Act; these are all normal activities of the 4. § 1.63, the section heading and the these laws was the responsibility of the Coast Guard; and introductory text are revised to read as FMC; Executive order 12418 of May 5, (5) Removes from the delegation to the follows: 1983 (48 FR 20891; May 10,1983) Commandant the requirement—as it transfers this responsibility to the § 1.63 Delegations to Assistant Secretary applies to domestic vessels only—that for Public Affairs. department in which the Coast Guard is the Commandant not delegate his operating (currently, DOT). In turn, the The Assistant Secretary for Public authority to seize a vessel under the responsibility is being delegated to the Affairs is delegated authority to; Magnuson Fishery Conservation and Coast Guard. ***** Management Act and that he consult Authority: 49 U.S.C. 322. with the Department of State before Specifically involved are the following authorities: Issued in Washington, D.C., on September making any such seizure. After years of 21,1983. experience under this statute, DOT no 1. Under the Federal Water Pollution Elizabeth Hanford Dole, longer believes these restrictions are ' Control Act (FWPCA), as assigned by Secretary for Transportation. necessary. subsections 2 (6) and (7) of Executive Order 11735 (August 3,1973), as [FR Doc. 83-26264 F iled 9-26-83; 8:45 am] DATE: The effective date of this amended by Executive Order 12418, the BILLING CODE 4910-62-M amendment is January 11,1982 as it authority under Section 311(p)(l) relates to the Tonnage Measurement relating to the issuance of regulations Simplification Act, 49 CFR 1.46(d), and governing evidence of financial 49 CFR Part 1 (publication date) as it relates to the responsiblity to meet liability to the other authorities. [OST Docket No. 1; Arndt. 1-185] United States, and the authority under FOR FURTHER INFORMATION CONTACT: Section 311(p)(2) relating to Organization and Delegation of Robert I. Ross, Office of the General administration of subsection (p). Powers and Duties; Delegations to the Counsel, C-50, Department of 2. Under the Outer Continental Shelf Coast Guard Transportation, Washington, DC, (202) Lands Act Amendments of 1978, as 426-4723. assigned by Section 1-2 of Executive AGENCY: Department of Transportation SUPPLEMENTARY INFORMATION: Since Order 12123 (February 26,1979), the (DOT), Office of the Secretary. this amendment relates to Departmental authority under Section 305(a)(1), a c t io n : Final rule. management, procedures, and practice, relating to financial responsibility levels notice and comment on it are for vessels; under Section 305(b), s u m m a r y : This amendment: unnecessary and it may be made relating to financial responsibility levels (1) Delegates to the Commandant of effective in fewer than thirty days after for offshore facilities; and under Section the Coast Guard the authority vested in publication in the Federal Register. 312(a)(2), relating to assessment and the Secretary by the Coast Guard Coast Guard Authorization Act of compromise of penalties concerning Authorization Act of 1982 to require 1982—In 1967, general authority to vessels. alteration or removal of bridges, other regulate bridges across the navigable 3. Under the Comprehensive than those covered by the Bridge Act of waters of the United States was Environmental Response, 1906 and the Truman-Hobbs Act (for transferred from the Secretary of the Compensation, and Liability Act which the Coast Guard already has this Army to the Secretary of Transportation ("Superfund”), as assigned by Section authority), which unreasonably obstruct with the founding of DOT (Pub. L. 89- 5(b) of Executive Order 12316 (August navigation; 670). This did not include the authority 14,1981), the authority under Section (2) Delegates to the Commandant the to require the alteration or removal of 108(a)(1), relating to evidence of functions assigned to the Secretary by bridges other than under the Bridge Act financial responsibility for vessels, and 44080 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations the responsibility under Section 109, was the intention to give the authority to admeasurement of Ships; and carry out relating to civil penalties. Coast Guard, the effective date of the Reorganization Plan No. 1 of 1967, 4. Under Section 204(c)(3) of the delegation regarding this statute is the relating to ship mortgages. Trans-Alaska Pipeline Authorization same as the 1982 delegation. ***** Act of 1973, the authority incorporated Magnuson Fishery Conservation and (m) Carry out the functions assigned by reference from Section 311(p) (1)—(2) M anagem ent A ct—Under the Magnuson \ to the Secretary by Sections 2, 5, and 6 of FWPCA, as amended relating to Fishery Conservation and Management of Executive Order 11735, as amended demonstration of financial responsibility Act (Pub. L. 94-265, as amended), the by Executive Order 12418, assigning for vessels carrying oil loaded from the Secretary of Transportation, as functions under the Federal Water Trans-Alaska pipeline. Secretary of the department in which Pollution Control Act, as amended (82 —The the Coast Guard is operating, is Fisheries Amendments o f 1982 Stat. 862). Fisheries Amendments of 1982 vest authorized to seize foreign and domestic ***** authority in the Secretary of vessels which violate the Act. When this Transportation in two capacities: as authority was first delegated to the (v) Carry out the functions vested in Secretary of Transportation and as Coast Guard by the Secretary, its the Secretary by the Magnuson Fishery Secretary of the department in which potential impact upon foreign relations Conservation and Management Act the Coast Guard is operating. As was such that the Commandant was (Pub. L. 94-265, as amended; 16 U.S.C. Secretary of Transportation, the required not to delegate the authority to 1801 et seq.) except that the authority to Secretary’s sole responsibility is to seize a vessel and to consult with the approve seizure of a foreign vessel may certify in writing satisfactory inspection Department of State before ordering any not be redelegated and shall be of vessels for at-sea incineration of seizure. It is no longer deemed exercised in each instance only after hazardous waste; as Secretary of the appropriate to limit the Commandant’s consultation with the Department of department in which the Coast Guard is authority in these respects with regard State. operating, the Secretary’s to domestic vessels, and to that extent ***** responsibilities are to cooperate with only the requirements are removed. (z) Carry out the functions vested in the Secretary of Commerce on the Secretary by the Outer Continental implementation and enforcement of the List of Subjects in 49 CFR Part 1 Shelf Lands Act (43 U.S.C. 1331 et seq.), Convention for the Conservation of Authority delegations (government as amended, Titles III and VI of the Salmon in the North Atlantic Ocean and agencies), Organization and functions Outer Continental Shelf Lands Act to document as vessels of the United (government agencies). Transportation Amendments of 1978 (Pub. L. 95-372), States certain vessels named in the Department. statute, Since these responsibilities and Executive Order 12123, as amended relate to traditional activities of the PART 1—[AMENDED] by Executive Order 12418, except as Coast Guard, they are delegated to the reserved by § 1.44(p) and delegated by In consideration of the foregoing, § 1.53(a)(6). Commandant of the Coast Guard. § 1.46 of Part 1 of Title 49, Code of —The ***** Tonnage Measurement o f Ships Federal Regulations, is amended by International Convention on Tonnage revising paragraph (5) of paragraph (c), (ff) Carry out the functions vested in Measurement of Ships, 1969 (TIAS No. revising paragraphs (d), (m), (v), (z), and the Secretary by Section 108(a)(3) of the 10490) establishes a standard system of (ff), and inserting at the end of § i.46 Comprehensive Environmental vessel admeasurement for certain new paragraphs (kk) and (11), to read as Response, Compensation, and Liability vessels that engage on international follows: Act of 1980 (42 U.S.C. 9608(a)(3), and by voyages and an International Tonnage section 5(b) of Executive Order 12316, as Certificate. Executive Order 12419 of § 1.46 Delegations to Commandant of the amended by section 3 of Executive May 5,1983 directed the Secretary of the Coast Guard. Order 12418 (delegating section 108(a)(1) department in which the Coast Guard is The Commandant of the Coast Guard and assigning responsibility for section operating (currently, DOT) to perform is delegated authority to— 109 of the Comprehensive the obligations of the United States * * * * * Environmental Response, under the Convention and authorized (c) Carry out the following laws Compensation, and Liability Act of the Secretary to permit United States relating generally to water vessel 1980), relating to vessel financial corporations or associations to anchorages, drawbridge operating responsibility determinations. admeasure vessels and issue regulations, obstructive bridges, ***** certificates. In turn, this responsibility is pollution of the sea by oil, and the (kk) Carry out the functions vested in being delegated to the Coast Guard. locations and clearances of bridges and the Secretary by the Fisheries The Tonnage Measurement causeways over the navigable waters of Simplification Act (Pub. L. 96-594) Amendments of 1982 (Pub. L. 97-389; 96 the United States: Stat. 1949) relating to implementation of establishes a simplified method for * * * * * vessel admeasurement. On January 11, the Convention for the Conservation of 1982 (47 F R 1122), the Secretary (5) Sections 9 and 18 of the Act of Salmon in the North Atlantic Ocean and delegated the powers and duties of the March 3 ,1899i as amended (30 Stat. to documentation and certification of Vessel Documentation Act, which is 1151; 33 U.S.C. 401, 502); ***** inspection of certain vessels. another title of Pub. L. 96-594. The 1982 (11) Carry out the functions assigned to delegation was intended to delegate the (d) Carry out the functions vested in the Secretary by section 4 of Executive functions in both acts, but reference to the Secretary by the Vessel Order 12410 of May 3,1983 (48 FR 20891; the Tonnage Measurement Documentation Act (94 Stat. 3453,46 May 10,1983), relating to demonstration Simplification Act was inadvertently U.S.C. 65a et seq.) and the Tonnage of financial responsiblity for vessels Measurement Simplification Act (94 omitted. This amendment corrects that carrying oil loaded from the Trans- Stat. 3461, 46 U.S.C. 71 et seq.), and the error by including reference to the Alaska pipeline. Tonnage Measurement Simplification functions assigned to the Secretary by Act in Section 1.46(d). To clarify that it Executive Order 12419 relating to Authority: 49 U.S.C. 322. FederalJRegister / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations 44081

Issued in Washington, DC, on September 22,1983. instances (49 CFR Parts 556, 511, 520, Authorities 572.5, 572.15, 573) it appears as “5108” Elizabeth Hanford Dole, and in another (Part 555) as “5221”. The Part 511; Secretary of Transportation. “Office of Crashworthiness” referenced (Sec. 9, Pub. L. 89-670, 80 Stat. 981 (49 U.S.C. [PR Doc. 83-26263 Filed 9-26-83; 8:45 am] in 49 CFR Part 572 has become a part of 1657); sec. 301, Pub. L. 94-163, 89 Stat. 911 (15 BILLING CODE 4910-62-M the "Office of Vehicle Safety Standards” U.S.C. 2008)) in an internal reorganization. Finally, Part 520: the Federal Motor Vehicle Safety National Highway Traffic Safety (Secs. 102{2){A), 102(2)(C), Pub. L. 91-190, 83 Administration Standards appear at 49 CFR Part 571, not “371" as stated in Part 575. Stat. 853 (42 U.S.C. 4332); secs. 2(b), 4(f), Pub. L. 89-670, 80 Stat. 931 (49 U.S.C. 1651(b), 49 CFR Parts 511, 520, 551, 553, 555, The purpose of the amendments is to 1653(f)); Executive Order 11514, 35 FR 4247; 556, 572, 573, 574, and 575 improve communications between the 40 CFR Part 1500; DOT Order 5610.1B, 39 FR public and the agency. Since the 35234; Delegations of authority at 49 CFR Adjudicative Procedures; Procedures amendments relate to organizational 1.45,1.50 and 501.7) and procedural matters, prior notice and for Considering Environmental Part 555: Impacts; Procedural Rules; comment are not required. Because they Rulemaking Procedures; Temporary impose no burden upon any person, they (Sec. 3, Pub. L. 92-548, 86 Stat. 1159 (15 U.S.C. 1410)) Exemption From Motor Vehicle Safety are effective upon publication in the Standards; Exemption for Federal Register. Part 553: inconsequential Defect or In consideration of the foregoing, the (Secs. 102, 201, 408, 501, Pub. L 92-513, 86 following changes are made in Chapter Noncompliance; Anthropomorphic Stat. 947,15 U.S.C. 1912,1941, 1988, 2001) Test Dummies; Defect and V of Title 49 of the Code of Federal Noncompliance Reports; Tire Regulations: Part 551: Identification and Recordkeeping; 1. Paragraph (b) of § 551.45, (Secs. 110(e), 119, Pub. L. 89-563, 80 Stat. 718 Consumer Information Regulations Procedural Rules; Service of Process; (15 U.S.C. 1399e, 1407)) Agents; paragraph (a) of § 553.5, a g e n c y : National Highway Traffic Rulemaking Procedures; and Part 574: Safety Administration (NHTSA), introductory text of § 574.8, Tire (Secs. 103,108,112,119, 201, Pui>. L. 89-563. 80 Transportation. Identification and Recordkeeping, are Stat. 718 (15 U.S.C. 1392,1397,1401,1407, A C TIO N : Final rule. amended by changing “20591” to 1421); Secs. 102,103,104, Pub. L. 93-492, 88 “20590”. Stat. 1470 (15 U.S.C. 1397,1401,1408,1411- s u m m a r y : This notice amends various 1420)) NHTSA regulations to correct certain 2. Paragraph (a) of $ 511.48, Part 556: outdated references to the agency’s zip Adjudicative Procedures; paragraph (c) code, docket room number, of § 520.30, Procedures for Considering (Sec. 104, Pub. L 93-492, 88 Stat. 1470 (15 organizational structure, and motor Environmental Impacts; § 556.9, U.S.C. 1417)) Exemption for Inconsequential Defect or vehicle safety standards which are Part 572: currently incorrect in the Code of Noncompliance; paragraph (a) of § 572.5 Federal Regulations. and paragraph (a)(1) of § 572.15, (Secs. 103,119, Pub. L. 89-563, 80 Stat. 718 (15 Anthropomorphic Test Dummies; and U.S.C. 1392,1407)) e f f e c t iv e d a t e : September 2 7 ,1 9 8 3 . D efect and paragraph (c)(8) of § 573.5, Part 573: FOR FURTHER INFORMATION CONTACT: Noncompliance Reports, are amended Mr. Taylor Vincent (202) 4 2 8 -9 5 1 1 . by changing “5108” to “5109”. (Secs. 108,112,119, Pub. L 89-563, 80 Stat. 718 (15 U.&C. 1397, IfDl, 1407); Secs. 102,103, supplementary information : A recent 3. Paragraph (a) of § 555.10, review of NHTSA regulations revealed 104, Pub. L. 93-492, 88 Stat. 1470 (15 U.S.C. Temporary Exemption From Motor 1397,140T, 1408,1411-1420)) numerous instances in which references Vehicle Safety Standards, is amended to the agency’s zip code, docket room by changing “5221” to “5109”. Part 575: number, organizational structure, and 4. Paragraph (c) of § 572.5, safety standards had not been amended (Secs. 103,112,119, 201, Pub. L. 89-563, 80 Anthropomorphic Test Dummies, is Stat. 718 (15 U.S.C. 1392,1401,1407,1421)) to reflect changes occurring since the amended by changing “Office of Issued on: September 20,1983. regulations were adopted. The agency's Crashworthiness” to “Office of Vehicle zip code is “20590” but three regulations Safety Standards”. Diane K. Steed, (49 CFR Parts 551, 553, and 574) give it 5. Paragraph (b) of § 575.2, Consumer Deputy Administrator as “20591”. The agency’s docket room Information Regulations, is amended by number is now “5109” but in six [FR Doc. 89-26225 Filed 9-2C-83; 8:45 am] changing “371” to “571”. BILLING CODE 4910-59-M 44082 Proposed Rules Federal Register Vol. 48, No. 188

Tuesday, September 27, 1983

This section of the FEDERAL REGISTER concludes, however, that one effect of B. One of the clearest and most contains notices to the public of the the Act has been to diminish the significant results of the Government in proposed issuance of rules and collegial character of agency processes the Sunshine Act is to diminish the regulations. The purpose of these notices by inhibiting candid discussion of collegial character of agency processes. is to give interested persons an certain matters. Members are impeded in the collective opportunity to participate in the rule The report concludes with two assertion of their prerogatives. Because making prior to the adoption of the final proposals for improved administration of the open meeting requirement, rules. of the Act, one to be directed to the discussion of certain matters may be agencies, the other to Congress. These avoided, and discussions held may not ADMINISTRATIVE CONFERENCE OF have been stated below in the form of contribute to forging a result. There are THE UNITED STATES proposed recommendations for indications that the position of the consideration by the Administrative collegium is further weakened by 1 CFR Ch. Ill Conference. The Committee on alterations in the role of staff and an Adjudication invites comments on these increase in the responsibilities and Improvements in the Administration of proposed recommendations and influence of the chairman, both of which the Government in the Sunshine Act requests that they be submitted no later are attributable to the Act. than Monday, October 24,1983. There is a conflict between the values a g e n c y : Administrative Conference of Comments should be sent to Richard K. the United States. of openness and governmental Berg at the address given above. The effectiveness. Some impairment of A C T IO N : Request for public comments. Committee will meet in early November collegiality in the interest of open to consider the recommendations in the s u m m a r y : The Administrative government may be justifiable. But an Conference’s Committee on light of the comments received. examination of experience suggests that Adjudication has under consideration a Comments received after October 24 the law may have tilted the balance too proposed recommendation respecting will be considered to the extent that the far in the direction of openness and that agency experience under the Committee’s schedule permits. a modest adjustment will serve the Government in the Sunshine Act. The Single copies of the report will be basic purpose of the Act to a greater proposed recommendation is intended furnished on request. degree than holding to the status quo. to effect improvements in the Proposed Recommendation: One approach is to exempt from the administration of the Government in the Improvements in the Administration of open meeting requirement certain Sunshine Act. Interested persons are the Government in the Sunshine Act discussions which have the following invited to comment on the proposed characteristics: they involve important recommendation. A. The three most common criticisms issues of agency policy and direction; of the manner in which agencies have d a t e : Comment deadline: October 24, the public interest calls for full and implemented the Government in the 1983. frank exchanges among the agency Sunshine Act are that meetings are often members; the sensitivity of the subject A D D R E S S : Send comments to: closed on technical legal grounds when matter is such that such discussions will Administrative Conference of the United there is no substantive reason to do so, not be held or would be inhibited in States, 2120 L Street, NW., Suite 500, that sometimes there is not enough Washington, D.C. 20037. open meetings; and there is a high discussion in open meetings to allow probability that the subject matter will FOR FURTHER INFORMATION CONTACT: those in attendance to understand die ultimately be considered in an open Richard K. Berg, General Counsel, 202- proceedings, and that frequently the forum either within the agency or in 254-7020. public does not have sufficient access to Congress. To allow discussion of such SUPPLEMENTARY INFORMATION: The ' explanatory materials and underlying matters in closed meetings would not Administrative Conference has received documents to enable it to follow the materially reduce public access to a report from its consultant, Professor discussion. information because of the present David Welbom of the University of Recommendation inclination simply not to have them if Tennessee, on agency experience under they must be in the open. Yet it would the Government in the Sunshine Act. Agencies should review their make possible true collegial processes in Sunshine Act policies and practices in The report, which is based on data regard to fundamental problems and light of experience and the spirit of the obtained from questionnaires and issues where their benefits seem to be law for the purpose of enlarging public interviews, as well as study of available greatest. access to meaningful information, by agency materials and judicial decisions, The Government in the Sunshine Act adjustments such as: (a) Scrutinizing concludes that the degree of agency should be amended to allow agencies to compliance with the Act’s requirements more carefully the need for closing meetings which involve the discussion consider in closed meetings subject is high, although there is an apparent matter concerning budget formulation tendency to close meetings wherever of exempt subject matter; and (b) and execution, legislative programs and this is legally permissible, that making open meetings more positions, and prospective rulemaking implementation of the Act is not comprehensible to observers through initiatives. especially costly or burdensome, and clearer and fuller discussion of agenda that the Act has had a positive effect on items and provision of background List of Subjects in 1 CFR Chapter HI the openness with which gencies material and documentation pertaining conduct their affairs. The report to the issues under consideration. Sunshine Act. (5 U.S.C. 574) DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: Dated: September 21,1983. Purpose Richard K. Berg, Office of the Comptroller of the General Counsel. The purpose of this proposal is to Currency minimize costs and burdens on national [FR Doc. 83-26253 Filed 9-28-83; 8:45 am] BILLING CODE 6110-01-M banks and the Office by simplifying and 12 CFR Part 5 streamlining the procedure a national bank must employ before exercising [Docket No. 83-41] fiduciary powers. DEPARTMENT OF AGRICULTURE Background Rules, Policies and Procedures for Agricultural Marketing Service Corporate Activities This proposal is part of the Office’s Corporate Activities Review and 7 CFR Parts 68 and 75 Evaluation (CARE) Program. That a g e n c y : Office of the Comptroller of the Currency, Treasury. program is described in 45 FR 68586, inspection and Certification of Quality dated October 15,1980, and involves a of Agricultural and Vegetable Seeds a c t io n : Notice of proposed rulemaking. comprehensive review of the Office’s rules, policies, procedures, and forms A G EN C Y: Agricultural Marketing Service. S U M M A R Y : The Office of the Comptroller governing filings for corporate USDA. of the Currency (Office) is proposing to expansion and structural changes for a c t io n : Proposed rule; Extension of simplify its approval process for banks national banks. The goals of the CARE comment period. seeking to exercise fiduciary powers. Program are to minimize the costs and ------J------— ------The proposal would eliminate the burdens on applicants, the agency and s u m m a r y : The Agricultural Marketing requirements that a bank file a formal the public; to provide a better Service is extending the time for application and publish notice in a understanding of policies; to modify or comment by 60 days for the proposal newspaper. A notification procedure eliminate rules, policies, procedures, and published on August 4,1983, in the would be substituted for the application. forms which are unnecessary or lead to Federal Register Vol. 48, No. 151, pp. The proposed revision would benefit inefficiencies; and to remove barriers to 35411-35416. This will allow national banks and the Office by competition. governmental agencies, industry, and removing burdensome and costly the public additional time to consider regulatory requirements, while Proposal the proposal and prepare comments. maintaining the Office’s ability to render The Office is proposing to revise 12 d a t e : Comments must be received by decisions on the permissibility of the CFR 5.2a which prescribes the December ^1983. bank exercising fiduciary powers and application process a national bank the qualifications of proposed trust A D D R ES S : Send comments to Donald W. must use to obtain approval to exercise Ator, Chief, Seed Branch, Livestock, management. fiduciary powers. The procedure set 5.26 Meat, Grain, and Seed Division, AMS, d a t e : Written comments must be forth in § would be simplified by USDA, Washington, D.C. 2025a submitted on or before October 27,1983. reducing the amount of information submitted to the Office and by Comments will be available for public A D D R E S S : Comments should be directed inspection at this location during the substituting a notification procedure for to: Docket No. 83-41, Communications the application. Appropriate hours of 8:00 a.m. to 4:30 p.m., Monday Division, 3rd Floor, Office of the through Friday. modifications would also be made to the Comptroller of the Currency, 490 Office’s general rules of applicability, 12 FOR FURTHER INFORMATION CONTACT: L Enfant Plaza East, SW., Washington, CFR 5.2 and 5.13. Donald W. Ator, Chief, Seed Branch, D.C. 20219, Attention: G Christine Jones. Discussion Livestock, Meat, Grain, and Seed Comments will be available for public Division, AMS, USDA, Washington, D.C. inspection and photocopying at the Consistent with the goals of the CARE 20250; (202) 447-9340. same location. Program, the Office is proposing to amend 12 CFR 5.26 in order to simplify SUPPLEMENTARY INFORMATION: A The collection of information the process by which national banks proposed rule was published on August requirements contained in 12 CFR apply for OCC approval to exercise 4,1983, (48 FR 35411) requesting 5.26(e) of the proposed amendments fiduciary powers. Currently, § 5.26 comments by October 3,1983, regarding have been submitted to the Office of requires the applicant to demonstrate proposed revisions to the regulations for Management and Budget (OMB) for inspection and certification of quality of review under 44 U.S.C. 3504(h). the legality of the proposed activities and the adequacy of proposed trust agricultural and vegetable seeds under Comments specifically addressing those management. In addition, the applicant the Agricultural Marketing Act of 1946. information collection requirements is required to provide a projected The time for comment has been should be directed to this Office at the operating plan to support the extended to December 2,1983, as a above address and should also be establishment of a fiduciary operation, result of initial comments from the submitted to: Office of Management and i.e., demonstrate the need for such industry requesting additional time to Budget, 728 Jackson Place, NW., services, analyze market competition, review the proposal and prepare Washington, D.C. 20500, Attention: Desk comments. and project income, expense, and Officer for Comptroller of the Currency. profitability. moî?ne a* Washington, D.C., September 22, FOR FURTHER INFORMATION CONTACT: 1983. The Office believes that establishment Randall J. Miller, Manager, Policy, or of trust operations by a bank operating Eddie F . Kimbrell, Joseph W. Malott, National Bank in a satisfactory manner is a Deputy Administrator, Commodity Services. Examiner/Policy Analyst, Bank management decision. Therefore, the Organization and Structure, Office of Office believes that it can fulfill its (FR Doc. 83-28308 Filed 9-26-83; 8:45 am] the Comptroller of the Currency, (202) regulatory responsibility by eliminating BILUNG CODE 3410-02-M 447-1184. the requirement for an operating plan Federal Register 4 40 84 / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Proposedjlules

the depository institutions subject to and requiring only that banks submit; (1) In: proposing the above reductions in Information that the proposed activities procedure, the Office recognizes the them. are in compliance with die legal need for special procedures and List Of Subjects in 12 CFR Part 5 requirements of 12 U.S.C. 92a, and (2) requirements for unusual circumstances. National banks, Fiduciary powers. biographical information sufficient to The Office’s general rules will be assess the proposed trust management. revised to provide that applications or Authority and Issuance Banks which the Office determines are notices Bled under 12 CFR Part 5 could Accordingly, the Comptroller of the operating in less than satisfactory be subject to delay or disapproval on Currency proposes to amend 12 CFR condition may be subject to other any reasonable grounds that the Office Part 5 as follows: conditions the Office considers shall stipulate when applications or notices, or the circumstances under appropriate for the circumstances. PART 5—[AMENDED] In order to streamline the process, the which they are considered, are currently required application would be identified by the Office as unusual and 1. The authority citation for Part 5— eliminated and replaced by a “Letter of warranting special processing. Rules, Policies, and Procedures for In addition, the proposed procedure Intent to Exercise Fiduciary Powers.” A Corporate Activities reads as follows: allows for approval by silence. The bank must submit a letter to the Office recognizes the possibility that a Authority: 12 U.S.C. 1 et seq. appropriate district office (regional request inconsistent with legal office if applicable) either by hand or by 2. By adding a new § 5.2(f) to read as requirements might be inadvertently mail, return receipt requested. follows: granted through silence due to clerical The letter would contain: (1) A error or material mistake of law or fact. § 5.2. Rules of general applicability. statement whether full powers are * * * * ■ * Therefore, the Office proposes that 12 requested or a description of each type CFR 5 be amended to state that the (f) The Office may delay or of proposed activity, if only limited Office may void an unlawful approval disapprove an application or notice powers are requested; (2) a statement as of the date if was granted. submitted under 12 CFR Part 5 on any that the capital and surplus of the bank To further expedite the application reasonable grounds the Office shall are not less than the capital and surplus process, rules concerning publication, stipulate when such applications or required by state or local law for banks, comment period, hearings, and notices, or the circumstances under trust companies, and other corporations publication file would be eliminated for which they are considered, are exercising fiduciary powers; and (3) requests to exercise fiduciary powers. identified by the Office as unusual and sufficient biographical information on The Office believes that those warranting special processing. the proposed trust management so that requirements are unnecessary, time the Office may make an accurate 3. By adding a new § 5.13(e) to read as consuming, and anticompetitive. follows: assessment of their qualifications. The Under this proposal there will be no opinion of the bank’s legal counsel fees and all previous forms required to § 5.13 Decisions. should be attached to the letter stating be submitted to the Office would be ***** that the proposed activities are not in eliminated. If approval is granted, the .(e) Voiding provision. The Office contravention of state or local law. A Office will issue a permit evidencing reserves the right to void as of the date copy of the applicable laws should also approval immediately after the decision. granted, any approval inconsistent with be attached to the letter to assist the However, when approval is granted, the law or regulation which was Office in processing. bank must commence fiduciary inadvertently granted through clerical Based on the information submitted operations within 19 months from the error or material mistake of law or fact. by the bank, the Office would make a daite of approval. decision, and would grant a permit 4. By revising § 5.26 to read as provided the activities are legal, the Regulatory Flexibility Act follows: bank is operating in a satisfactory Pursuant to the section 605(b) of the § 5.26 'Fiduciary Powers. manner, and the bank has provided for Regulatory Flexibility Act (Pub. L No. (a) Authority. 12 U.S.C. 92a. qualified trust management. However, if 96-354m 5 U.S.C. 601 the et seq.) (b) Rules of general applicability. changes occur in the information Secretary of the Treasury has certified Sections 5.8, 5.9, 5.10 and 5.11 do not submitted with the letter prior to the that the proposed amendments, if apply to this section. Fiduciary activities commencement of business, the Office adopted, would not have a significant are subject to the provision of 12 U.S.C. must approve such changes. economic impact on a substantial The Office is further streamlining the number of small entities. The proposed 92a and 12 CFR 9. (c) Office approval. The Comptroller filing process by establishing a 30 day amendments would ease the burden of of the Currency or an authorized decision period. As defined in the ruling, the existing regulations. The effect of the delegate must approve the exercise of a decision would be made on or before amendments would be beneficial rather fiduciary powers by a national bank. the 30th day after receipt of the letter by than adverse, and small entities are (d) Policy. The exercise of fiduciary the Office. If the applicant has not been generally expected to share the benefits powers is primarily a management contacted by the Office by the 30th day, of the amendments equally with larger decision of the bank. Federal law (12 the applicant may consider its request institutions. U.S.C. 92a), however, requires national approved and may proceed to exercise Executive Order 12291 banks to seek the prior approval of the fiduciary powers after the 30th day. If Office before offering such services to the request is not approved, the The Office has determined that the the public. The Office will grant a permit applicant will be notified of the decision proposed amendments do not constitute to exercise fiduciary powers to national by the 30th day. A letter will be sent to a “major rule” and therefore do not banks operating in a satisfactory the applicant which states the basis for require a regulatory impact analysis. manner provided that the proposed a decision other than approval. The 30- The amendments would ease burdens activities comply with applicable day period may be shortened at the imposed by regulations and would have statutes and regulation and the bank discretion of the Office. no adverse effect on the operations of will retain qualified trust management. A permit may be withheld, conditionally report which contained the following approved, or denied if it does not meet information with respect to the the above conditions. A permit may be preceding calendar year: delayed if the Office needs further Reports and Disclosure of insider (A) A list by name of each stockholder information. Indebtedness to National Bank and Its of record who directly or indirectly Correspondent Banks (e) Procedure. Banks must submit to owns, controls, or has the power to vote the appropriate District Office a letter of more than 10 per centum of any class of A G E N C Y : Office of the Comptroller of the voting securities of the bank. intent to exercise fiduciary powers. The Currency, Treasury. letter must be placed in the United A list by name of each executive a c t io n : Notice of proposed rulemaking. officer or stockholder of record who States mail, postage prepaid, certified or directly or indirectly owns, controls, or s u m m a r y : The Office of the Comptroller registered mail, return receipt requested. has the power to vote more than 10 per The letter should contain: (1) A of the Currency proposes to amend 12 CFR Part 23 which requires annual centum of any class of voting securities statement that full or limited powers of the bank and the aggregate amount of reports of national bank ownership and (specify which powers) are requested; all extensions of credit by such bank insider indebtedness to national banks (2) an opinion of bank counsel that the during such year to: (i) Such executive and their correspondent banks. The proposed activities are not in officers or stockholders of record, (ii) proposal implements the amendments to contravention of state or local law any company controlled by such Titles VIII and IX of the FIRA (the (copies of applicable laws should be executive officers, or stockholders, or attached to the letter); (3) a statement Financial Institutions Regulatory and Interest Rate Control Act of 1978), (iii) any political or campaign committee that the capital and surplus of the the funds or services of which will contained in Title IV of the Gam-St national bank are not less than the benefit such executive officers or Germain Depository Institutions Act of capital and surplus required by state 1982. It reduces the existing reporting stockholders, or which is controlled by law of state banks, trust companies, and burden for banks, and provides more such executive officers or stockholders. other corporations exercising fiduciary meaningful information to the public. 12 U.S.C. 1817(k)(l). The statute also provided that the bank or the agency powers; and (4) sufficient biographical The proposal requires a national bank to information on proposed trust disclose, upon request, the names of its shall make the information available, management to enable the Office to executive officers, principal upon request, to the public (12 U.S.C. 1817(k)(4)). In implementing this assess their qualifications. shareholders and their related interests provision, Regulation O required (f) Decision. On or before the 30th daywho have substantial borrowings from after the filing is received by the Office, the bank or its correspondent banks. member banks to file the information on a decision will be made to grant The proposed regulation also restates or before March 31 of each year (12 CFR 215.10). The information has been fiduciary powers or to delay, withhold, the existing statutory requirement which provided on FFIEC Form No. 003. conditionally approve, or deny. If the requires insiders to report to the board Section 429 of the Gam-St Germain applicant has not received notification of directors of their bank any Act deleted the language of 12 U.S.C. on or before the 30th day after the filing indebtedness from the correspondents of that bank. 1817(k) in its entirety. Instead, it was received that further consideration authorized the appropriate Federal of the filing is required, the applicant D A T E : Comments must be received banking agencies to issue rules and may conclude that the request is October 27,1983. regulations to require the reporting and approved and may proceed to exercise public disclosure of information a d d r e s s : Comments should be sent to: fiduciary powers. The applicant will be (Docket No. 83-40), Communications concerning insider indebtedness. informed of the basis for a decision Division, 3rd Floor, Office of the However, the Act provided that the other than approval. Comptroller of the Currency, 490 provisions of 1817(k) will remain in (g) Permit. Upon satifaction of the L Enfant Plaza East, SW., Washington, effect until such new regulations become effective. above conditions, a permit will be D.C. 20219. Attention: C. Christine Jones. issued evidencing approval to exercise Comments will be available for (b) 12 U.S.C. 1972(2)(G).—The Act also fiduciary powers. inspection and photocopying at the deleted subparagraphs (ii) and (iii) of 12 (h) Commencement of business. If same location. Uiî.C. 1972(2)(G). Subparagraph (ii) approval is granted, the bank will required each insured bank to compile FOR FURTHER INFORMATION CONTACT: normally be required to commence and send to its appropriate regulatory Raija Bettauer, Senior Attorney, Legal fiduciary activities within 18 months agency the following information Advisory Services Division (202) 447- from the date of approval. regarding loans from correspondent 1880, Office of the Comptroller of the banks to its insiders: (i) No filing fee is required to Fees. Currency, 490 L’Enfant Plaza East, SW., (1) The maximum amount of establish a trust department. An Washington, D.C. 20219. indebtedness to the bank maintaining investigation may be conducted and the the correspondent account during such SUPPLEMENTARY INFORMATION: applicant will be charged a fee in year of: (a) Such executive officer or accordance with 12 CFR Part 8. Statutory Amendments stockholder of record, (b) each c o m p an y (j) Forms. None. controlled by such executive officer or (1) 12 U.S.C. 1817(k).—The Gam-St Dated: August 8,1983. stockholder, or (c) each political or Germain Depository Institutions Act of campaign committee the fonds or 1982 97-320, 96 1469) D. T. Conover, (Pub. L. No. Stat. services of which will benefit such (“Gam-St Germain Act”) or “Act” Comptroller of the Currency. executive officer or stockholder, or amended, among other things (12 U.S.C. which is controlled by such executive 1817(k)). This provision required each |FR Doc. 63-26259 Filed 9-26-83; 8:45 am] officer or stockholder; insured bank to make to the appropriate BILLING CODE 4810-31-M (2) The amount-of indebtedness to Federal banking agency an annual the bank maintaining the correspondent 4 4086 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Proposed Rules

• Eliminate the requirement that same time, the disclosure would not account outstanding as of a date not place unnecessary or additional burdens more than ten days prior to the date of banks annually file Form FFIEC 003, on national banks, as the data required filing of such report of: (a) Such “Report on Ownership of the Reporting for it is readily available from the executive officer or stockholder of Bank and Indebtedness of Its Executive record, (b) each company controlled by Officers and Principal Shareholders to quarterly reports of condition (call such executive officer or stockholder, or the Reporting Bank and to Its reports) and information submitted by (c) each political or campaign committee Correspondent Bank”; the insiders on FFIEC Form 004. " the funds or services of which will • Require banks to report quarterly, The proposed rule also requires benefit such executive officer or beginning with the December 31,1983 national banks to maintain a record of stockholder; Report of Condition, the total amount of each disclosure request for a period of (3) The range of interest rates charged extensions of credit by the reporting two years. The Office believes that such on such indebtedness of such executive bank to all of its executive officers and records are necessary to monitor officer or stockholder of record; and principal shareholders and to their compliance with the disclosure (4) The terms and conditions of such related interests, and the number of requirement, and to evaluate the public these persons having significant indebtedness of such executive officer interest in such disclosure. a m m in ts of such loans outstanding; or stockholder of record. To dispel any ambiguity regarding The information was based on reports • Continue to recommend to reporting reporting requirements, the proposed which the executive officer or the banks that they use a specific FFIEC stockholder in question must make, on form to get information about the debts regulation also restates the remaining FFIEC Form No. 004, to the board of of their executive officers, principal statutory requirement under 12 U.S.C. directors pursuant to 12 U.S.C. shareholders and their related interests 1972(2)(G)(i). As discussed above, this 1972(2)(G)(i).1 to correspondent banks (FFIEC Form provision requires executive officers and The implementing Regulation O No. 004); and principal shareholders of a bank to required that the information be • Recommend to the three federal make an annual report to the board of reported to the agency on or before bank regulatory agencies that they directors regarding the amounts and March 31 each year. (12 CFR 215.23). adopt, by December 31,1983, regulations terms of loans granted to them by Subparagraph (iii) of 12 U.S.C. requiring each bank to publicly disclose correspondent banks. 1972(2)(G) required each insured bank to upon request names of its executive include in the report to be made under officers and principal shareholders, or Executive Order 12291 12 U.S.C. 1817(k) the names of executive their related interests, who had certain extensions of credit outstanding from The Office has determined that the officers or principal shareholders who proposed amendments do not constitute submit information required under 12 their own bank or from its a “major rule” and therefore do not U.S.C. 1972(2)(G)(i), and the aggregate correspondent banks that were five require a regulatory impact analysis. amount of loans by correspondent banks percent or more of the reporting bank’s to such insiders or to companies equity capital, or $500,000, whichever is Regulatory Flexibility Act controlled by them, or to political or less. campaign committees benefitting, or Pursuant to section 1006 of the Pursuant to Section 605(b) of the controlled by, such insiders. Financial Institutions Regulatory and Regulatory Flexibility Act (Pub. L. No. In deleting subparagraphs (ii) and (iii), Interest Rate Control Act of 1978 (12 96-354, 5 U.S.C. 601 et seq.j, the Section 428 of the Gam-St Germain Act U.S.C.3305), the Council’s action Secretary of the Treasury has certified regarding the reporting requirements is authorized the appropriate Federal that the proposed amendments, if immediately effective. banking agencies to issue rules and adopted, will not have a significant regulations to require a bank or the economic impact on a substantial executive officers or principal Proposed OCC Action number of small entities. The proposed shareholders to report, and make public, amendments, together with the FFIEC information regarding loans by The Office is now proposing to revise correspondent banks to such insiders or 12 CFR Part 23 to contain requirements actions, would ease the existing their related interests. Again, the Act on the public disclosure of insider reporting regulations. The effect of the provides that the existing requirements indebtedness, as recommended by the amendments is expected to be beneficial remain in effect until the new FFIEC. A national bank is required to rather than adverse, and small entities regulations become effective. disclose, upon request, the names of are generally expected to share the such insiders who had significant loans 1_____inn omon^rnonta P flllfillv W ith FFIEC Action outstanding from either the bank itself larger institutions. On June 29,1983, the Federal or from its correspondents. In both Financial Institutions Examination categories, the triggering threshold is Drafting Information five percent of the bank’s capital and Council (“FFIEC” or “Council”) The principal drafter of this document announced its approval of the new unimpaired surplus, or $500,000, is Raija Bettauer, Senior Attorney, Legal Commercial Bank Report of Condition whichever is less. The lists of the Advisory Services Division. and Income that is to become effective insiders who borrowed from the bank with the filing of the March 31,1984 itself reflects information as of the latest List of Subjects in 12 CFR Part 23 reports. In this context, the Council quarter; the disclosure of correspondent decided to take the following action loans would contain information National banks, Credit, Reports. regarding the reporting and public regarding loans outstanding at any time For the reasons set out in the disclosure of insider loans by during the previous calendar year. preamble, and pursuant to its authority commercial and mutual savings banks: The proposed disclosure would provide to the public more current and under 12 U.S.C. 1817(k) and 1 The Gam St-Germain Act did not affect the meaningful data than the disclosure of 1972(2)(G)(ii), as amended, the Office provisions of 12 U.S.C. 1972(2}(GM*): thus, the insider indebtedness under the present proposes to revise 12 CFR Part 23 to insiders must continue to provide this information read as follows: to the board of directors of their bank. provisions of 12 Uü.C. 1817(k)(4). At the Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Proposed Rules

PART 23—REPORTS AND PUBLIC DEPARTMENT OF HEALTH AND DISCLOSURE OF INSIDER Internal Revenue, attention: CC:LR:T HUMAN SERVICES (EE-86-82), Washington, D.C. 20224. INDEBTEDNESS TO NATIONAL BANK AND ITS CORRESPONDENT BANKS Food and Drug Administration FOR FURTHER INFORMATION CONTACT: Patricia Keesler of the Employee Plans Sec. - f * 21 CFR Parts 131 and 133 and Exempt Organizations Division, 23.1 Authority and scope. Office of the Chief Counsel, Internal 23.2 Disclosure of insider indebtedness. [Docket No. 75P-0121] Revenue Service, 1111 Constitution 23.3 Reports by executive officers and principal shareholders. Substitutes for Milk* Cream, and Avenue, NW., Washington, D.C. 20224 (Attention: CC:LR:T), 202-566-3430 (not Authority: 12 U.S.C. 1817(k) and Cheese; Withdrawal of Proposed a toll-free number). 1972(2)(G)(ii), as amended. Standards of Identity SUPPLEMENTARY INFORMATION: § 23.1 Authority and scope. Correction Lump Sum Distributions This part is issued by the Comptroller In FR Doc. 83—22473, beginning on of the Currency pursuant to 12 U.S.C. page 37666, in the issue of Friday, Under the Revenue Act of 1978, the 1817(k) and 1972(2)(G)(ii), as amended. August 19,1983, make the following estate tax exclusion under Code section § 23.2 Disclosure of insider indebtedness. corrections: 2039 for lump sum distributions from 1. On page 37666, in the second (a) Upon request, a national bank qualified pension, profit-sharing, and column, in the “ FO R f u r t h e r shall disclose the name of its executive stock bonus plans is available only if officers and principal shareholders INFORMATION CONTACT” paragraph, in the recipient of the distribution the third line “(HFF-3215)” should read whose aggregate indebtedness, irrevocably elects to forgo the favorable “(HFF-215)” including the indebtedness of related income tax treatment afforded lump sum interests of such person, 2. Also on page 37666, in the second distributions. The existing regulations (1) From the bank itself as of the end column, in the “ supplementary provide that the recipient of a lump sum «of the latest quarter of the year; or information ” paragraph, in the seventh distribution makes the election by (2) From its correspondent banks at line “product substitutes (foods made in treating the amount received as ordinary any time during the previous calendar semblance of cheese, cheese” should income on the income tax return or by year appear after “cheese and cheese”. making a rollover contribution under section 402(a)(7). equals or exceeds the lesser of five (5) BILLING CODE 1505-01-M percent of the bank’s capital and New Method of Election unimpaired surplus, or $500,000. The existing regulations also provide (b) The above disclosure must not DEPARTMENT OF THE TREASURY contain information regarding the that when the estate tax return is filed Internal Revenue Service specific amounts of individual loans. before the recipient’s income tax return is filed, the return of the estate may The disclosure in paragraph (a)(1) may 26 CFR Part 20 reflect the exclusion of a lump sum be based on information reported in the Commercial Bank Report of Condition [E E -8 6 -8 2 ] distribution from the gross estate, even though the recipient has not yet made and Income. The disclosure in paragraph (a)(2) may be based on information Employee Retirement Benefits the required election. However, if the contained in the reports referred ta in Excluded From Gross Estate recipient does not subsequently make § 23.3 of this part. the required election, then the a g e n c y : Internal Revenue Service, distribution is not excludable. This rule (c) A national bank shall maintain a Treasury. record of any requests for information has caused administrative difficulties A C T IO N : Notice of proposed rulemaking. under paragraph (a) of this section for a because it requires the estate to file an period of two years. amended return. The proposed s u m m a r y : This document contains (d) For the purposes of this section, amendments to the regulations delete proposed regulations relating to the this rule and provide that the estate tax the definitions of the terms contained in estate tax exclusion for lump sum Regulation 0 , 12 CFR 215.2 and 215.3, return may not reflect the election until apply. contributions payable under qualified it is actually made. It is anticipated that employee pension, profitsharing and the executor of the estate, at the time of stock bonus plans. The proposed § 23.3 Reports by executive officers and filing the estate tax return, will furnish principal shareholders. regulations have been prepared to satisfactory evidence of the election. remove administrative difficulties Pursuant to 12 U.S.C. 1972(2)(G)(i), The proposed regulations would allow encountered by taxpayers and the a recipient to make an election prior to executive officers and principal Service and would affect both-the the filing of an income tax return by shareholders of a national bank shall estates of decedents with respect to annually report to the bank’s board of filing an election statement. whom such distributions are payable Once the election statement is filed, directors their indebtedness, and the under such plans and the individuals indebtedness of their related interests, receiving such distributions. the election would be irrevocable. Once from correspondent banks of the bank. the election statement is filed, the estate This requirement is restated in d a t e s : Written comments and requests tax return may reflect the exclusion of Regulation 0 , 12 CFR 214.22. for a public hearing must be delivered or the lump sum distribution from the gross mailed by November 28,1983. The Dated: August 15,1983. estate. The proposed regulations specify amendments are proposed to be what information is necessary in the C. T. Conover, effective 60 days after publication of Comptroller o f the Currency. statement and where the statement is to these regulations in the Federal Register be filed. as a Treasury decision. |PR Doc. 83-26258 Filed 9-26-83; 8:45 am| The income tax election statement a d d r e s s : Send comments and requests BILLING CODE 4810-33-M may not be filed until the 60th day after for a public hearing to: Commissioner of publication of these regulations in the 44088 Federal Register / VoL 48, No. 188 / Tuesday, September 27, 1983 / Proposed Rules

Federal Register as a Treasury decision. Office of Chief Counsel, Internal credit of an overpayment of the Federal In addition, all estate tax returns filed Revenue Service. However, personnel estate tax within the time prescribed in on or after such 60th day may not reflect from other offices of the Internal section 6511. See also, § 20.6081-1 for the section 402(a)/403(a) election unless Revenue Service and Treasury rules relating to obtaining an extension of time for filing the estate tax return. it has actually been made. Department participated in developing the regulation, both on matters of (e) Election irrevocable. If a recipient Regulatory Flexibility Act substance and style. of a lump sum distribution files a section Although this document is a notice of 2039(f)(2) election statement, an income List of Subjects in 26 CFR Part 20 proposed rulemaking which solicits tax return (or amended return) or makes public comments, the Internal Revenue Estate taxes. a rollover contribution that constitutes • Service has concluded that the The authority citation for 26 CFR Part the section 402(a)/403(a) taxation regulations proposed herein are 20 is sec. 7805, 68A Stat. 917; 26 U.S.C. election described in paragraphs (c) and interpretative and that the notice and 7805. (d), the election may not be revoked. public procedure requirements of 5 Accordingly, a subsequent and amended Proposed Amendments to the U.S.C. 553 do not apply. Accordingly, income tax return filed by the recipient these proposed regulations do not Regulations that is inconsistent with the prior constitute regulations subject to the The proposed amendments to 26 CFR election will not be given effect for Regulatory Flexibility Act (5 U.S.C. Part 20 are as follows: purposes of section 2039 and section 402 chapter 6). Section 20.2039-4 is amended by or 403. revising paragraphs (d) and (e) to read « * * * Nonapplicability of Executive Order as follows: 12291 James I. Owens, § 20.2039-4 Lump sum distributions from Acting Commissioner of Internal Revenue. The Treasury Department has “qualified plans;” decedents dying after [FR Doc. 83-26319 Filed 9-28-83; 8:45 am] determined that this proposed regulation December 31,1978. BELLING CODE 4830-01-M is not subject to review under Executive # | | * * Order 12291 or the Treasury and OMB (d) Method o f election—(1) General implementation of the Order dated April rule. The recipient of a lump sum Bureau of Alcohol, Tobacco and 28,1983. distribution shall make the section Firearms Paperwork Reduction Act 402(a)/403(a) taxation election by: 27 CFR Part 178 The collection of information (1) Determining the income tax liability on the income tax return (or requirements contained in this notice of [Notice No. 487; Re: Notice No. 343] proposed rulemaking have been amended return) for the taxable year of submitted to the Office of Management the distribution in a manner consistent Sales of Firearms and Ammunition by and Budget (OMB) for review under with paragraph (c) (1) or (2) of this Licensees at Gun Shows section 3504(h) of the Paperwork section, a g e n c y : Bureau of Alcohol, Tobacco Reduction Act of 1980. Comments on (ii) Rolling over all or any part of the these requirements should be sent to the distribution under section 402(a)(7), or and Firearms, Treasury. Office of Information and Regulatory (iii) Filing a section 2039(f)(2) election A C T IO N : Notice of proposed rulemaking. Affairs of OMB, Attention: Desk Office statement described in paragraph (d)(2) S U M M A R Y : The Bureau of Alcohol, for Internal Revenue Service, New of this section. (2) Election statement. recipient Tobacco and Firearms (AFT) is Executive Office Building, Washington, A may file a section 2039(f)(2) election proposing to issue regulations to allow D.C. 20503. The Internal Revenue statement indicating that the recipient sales of firearms and ammunition by Service requests that persons submitting elects to treat a lump sum distribution in licensees at gun shows. Licenses are comments on these requirements to the manner described in paragraph (c) of now issued only for the premises where OMB also send copies of those this section. The statement must be filed an applicant regularly intends to engage comments to the Service. where the recipient would file the in the business to be covered by the Comments and Requests for a Public income tax return for the taxable year of license. The proposed regulations would Hearing the distribution. The statement must allow a licensee to engage in business at Before adopting these proposed include the-individual’s name, address, a gun show located in the same State as regulations, consideration will be given social security number, the name of the the address specified on the license. to any written comments that are decedent, and a statement indicating the d a t e : Comments must be received on or submitted (preferably seven copies) to election is being made. A section before November 28,1983. the Commissioner of Internal Revenue. 2039(f)(2) election statement may be A D D R E S S : Send comments to: Chief, All comments will be available for filed at any time prior to making the Firearms and Explosives Operations public inspection and copying. A public election under paragraph (d)(1) (i) or (ii) Branch, Bureau of Alcohol, Tobacco and hearing will be held upon written of this section. Firearms, P.O. Box 189, Washington, DC (3) If the request to the Commissioner by any Effect on estate tax return. 20044 (Notice No. 487). date the estate tax return is filed person who has submitted written FOR FURTHER INFORMATION CONTACT: comments. If a public hearing is held, precedes the date on which the recipient makes the section 402(a)/403(a) taxation J. Barry Fields, Firearms and Explosives notice of the time and place will be Operations Branch, 202-566-7591. published in the Federal Register. election with respect to a lump sum distribution, the estate tax return may SUPPLEMENTARY INFORMATION: Drafting Information not reflect the election. However, if after Background The principal author of these the estate tax return is filed, the The Bureau has taken a position since proposed regulations is Richard J. recipient makes the section 402(a)/ Wickersham of the Employee Plans and 403(a) taxation election, the executor of the enactment of the Gun Control Act of Exempt Organizations Division of the the estate may file a claim for refund or 1968 that firearms licenses are not FederaTRegister / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Proposed Rules 44089

issued to engage in the business at gun they would attend gun shows if they shows. This policy is reflected in address. Any sales would be restricted could make sales. The licensees in to gun shows located in the same State Revenue Ruling 69-59 which held that opposition to the proposal cited an the law contemplates licensing of as the address specified on the license. increase in gun show transactions as premises where the applicant regularly The recordkeeping requirements of undercutting sales for the established existing regulations must be complied intends to engage in the business to be business. covered by the license rather than with for sales at gun shows. Further, all temporary locations. A few commenters stated that having transactions must be entered in the more licensees at gun shows would licensee’s permanent records and Advance Node» of Proposed improve the status of gun shows, but the retained on the premises specified on Rulemaking comments did not discuss the impact on the license. organizations which sponsor gun shows. The Bureau published an advance A gun show is defined in the proposed The impact on State and local laws notice of proposed rulemaking on April regulations as an event sponsored by and ordinances was addressed by a few 22,1980, (45 FR 26982) requesting any national, State or local organization, comments on changing regulations in 27 commenters, but mostly to express no or an affiliate of such organization, impact because more restrictive State CFR Part 178 to allow sales of firearms devoted to the collection, competitive and local laws would prevail. by licensees at organized gun shows use or other sporting use of firearms, or Question. located in the same State as the address 3. Would allowing licensees an organization or association that specified on the license. The comment to make sales of firearms at gun shows sponsors events devoted to the reduce or increase opportunities for period ended June 23,1980, with a total collection, competitive use or other criminals obtaining firearms? of 1,537 letters and four petitions with sporting use of firearms in the Response. Nearly all commenters 211 signatures received. The comments community. We believe this definition is stated sales at gun shows would have in favor were 1,371 (including the four sufficiently broad to include gun shows no impact on criminals obtaining petitions) and the comments opposed currently being held. However, we are firearms. Many respondents stated were 145. There were 25 comments not seeking comments and suggestions on relevant to the gun show proposal. criminals obtain guns illegally and not this proposed definition. About 80 percent of all comments legally through commercial channels. received were from licensees or former 4. Question. If licensees are allowed Public Participation—Written Comments to sell firearms at gun shows, what licensees. ATF requests comments concerning licensing procedures would be The advance notice requested this proposal to allow sales of firearms comments, opinions and other data on recommended (a separate license, an and ammunition by licensees at gun five topics. These topics and the types of extension of the dealer’s license, or shows from all interested persons. some other method)? responses received are as follows: Comments received before the closing 1. Question. Is there sufficient interest Response. Hie predominant response date will be carefully considered. was not to require any additional by firearms licensees in making sales at Comments received after the closing gun shows to warrant issuing proposed licensing procedure and have an date and too late for consideration will regulations? extension of the current licensing be treated as possible suggestions for Response. This question was very privilege. A few commenters stated they future ATF action. ATF will not popular, receiving an answer by nearly would not object to an additional recognize any material or comments as all commenters. Those in favor were license and an additional fee. confidential. Comments may be emphatic in their yes answer and even Question. 5. Are there other disclosed to the public. Any material many of those opposed admitted there considerations which should be taken which the commenter considers to be was an interest by licensees in making into account before proposing confidential or inappropriate for sales at gun shows. Several licensees regulations to allow licensees to sell disclosure to the public should not be • stated they purchased a license to sell at firearms at gun shows? included in the comment. The name of gun shows prior to the Gun Control Act Responses: of 1968 and a few said they gave up their the person submitting the comment is • Several commenters noted sales at not exempted from disclosure. license when they were no longer able gun shows would save energy because to sell at gun shows. Any interested person who desires an people would not need to drive for many Question. opportunity to comment orally at a 2. If regulations provided f( miles in search of a desired firearm or to sales of firearms at gun shows by public hearing on these proposed purchase a firearm that a licensee had regulations should submit his or her licensees, what, if any, would be the displayed at a gun show. impact on firearms commerce, request in writing to the Director within • Many commenters stated that it organizations which sponsor gun shows the 60-day comment period. The would be far better to have licensees Director, however, reserves the right to tate and local laws and ordinances, making sales at gun shows because and local law enforcement? determine in light of all circumstances, Forms 4473 would be prepared and Response. whether a public hearing will be held. We received about 100 proper records maintained. comment letters from Alaska telling of • A few commenters wondered what Drafting Information the importance of gun shows in a the definition of an “organized” gun The principal author of this notice of sparsely populated area and about show would be. hardships involved in purchasing proposed rulemaking is J. Barry Fields, • A few commenters asked for firearms displayed by a licensee, Firearms and Explosives Operations ammunition sales to be allowed at gun Branch, Bureau of Alcohol, Tobacco and especially when a licensee’s premises is shows by licensees also. several hundred miles from the sun Firearms. show. Proposed Regulations List of Subjects in 27 CFR Part 178 In general, the comments indicated an This notice proposes regulations to increase in firearms commerce because Administrative practice and allow licensees to sell firearms and procedure, Arms and munitions, transactions could be completed at the ammunition at gun shows under the gun show. A number of licensees stated Authority delegations, Customs same license issued for their permanent delegations, Customs duties and 4 4 0 9 0 Federal Register / Yol. 48, No. 188 / Tuesday, September 27, 1983 / Proposed Rules

Section 178.50 is revised to read as inspection, Exports, Imports, Military PART 178—COMMERCE IN FIREARMS follows: personnel, Penalties, Reporting AND AMMUNITION requirements, Research, Seizures and Paragraph 1. The table of sections in § 178.50 Locations covered by license. forfeitures, and Transportation. 27 CFR Part 178, Subpart F, is amended The license covers the class of Executive Order 12291 to add a new § 178.100 and the existing business or the activity specified in the § 178.100 is redesignated as § 178.101 to license at the address specified therein. It has been determined that this read as follows: A separate license must be obtained for proposed rule is not classified as a Subpart F—Conduct of Business each location at which a firearms or “major rule” within the meaning of ammunition business or activity Executive Order 12291 of February 17, Sec. requiring a license under this part is 1981, (46 FR 13193) because it will not ***** conducted except: have an annual effect on the economy of 178.100 Conduct of business away from (a) No license is required to cover a $100 million or more; it will not result in licensed premises. separate warehouse used by the 178.101 Record of transactions. a major increase in costs or prices for * * * * * licensee solely for storage of firearms or consumers, individual industries, ammunition if the records required by Federal, State or local government Paragraph 2. Section 178.41(b) is this part áre maintained at the licensed agencies, or geographic regions; and it amended to provide for an exception for premises served by such warehouse; conducting business at gun shows. will not have significant adverse effects (b) A licensed collector may acquire Paragraph (b) is revised to read as on competition, employment, curios and relics at any location, and investment, productivity, innovation, or follows: dispose of curios or relics to any on the ability of the United States-based § 178.41 G eneral. licensee or to other persons who are enterprises to compete with foreign- * * * * * residents of the State where the based enterprises in domestic or export (b) Each person intending to engage in collector’8 license is held and the markets. business as a firearms or ammunition disposition is made; or importer, manufacturer, or dealer shall (c) A licensed dealer may conduct Regulatory Flexibility Act file an application, with the required fee business at a gun show pursuant to the The provisions of the Regulatory (see § 178.42), with the District Director provisions of § 178.100. Flexibility Act relating to an initial and for the internal revenue district in which Paragraph 4. A new § 178.100 is added final regulatory flexibility analysis (5 the premises are to be located, and, to specifically allow sales of firearms U.S.G. 603, 604) are not applicable to this pursuant to § 178.47, receive the license and ammunition at gun shows and proposal because the proposed rule, if required for such business from the existing § 178.100 is redesignated as promulgated as a final rule, will not regional regulatory administrator. § 178.101. As added, § 178.100 reads as have a significant economic impact on a Except as provided in § 178.50, a license follows: must be obtained for each business and substantial number of small entities. The § 178.100 Conduct of business away from each place at which the applicant is to proposal is intended to allow licensed licensed premises. dealers to sell firearms and ammunition do business. Such license shall, subject (a) A licensed dealer may conduct at gun shows as is now done by non­ to the provisions of the Act and other applicable provisions of law, entitle the business temporarily at a gun show if licensees. The proposal will not impose, the gun show is located in the same or otherwise cause, a significant licensee to transport, ship, and receive firearms and ammunition covered by State specified on the dealer’s license. increase in the reporting, recordkeeping, The premises of the gun show at which or other compliance burdens on a such license in interstate or foreign commerce and to engage in the business the licensee conducts business shall be substantial number of small entities. specified by the license, at the location considered part of his licensed premises. Accordingly, it is hereby certified described on the license, and for the Accordingly, no separate fee or license under the provisions of section 3 of the period stated on the license: Provided, is required for the gun show locations. Regulatory Flexibility Act (5 U.S.C. That it shall not be necessary for a However, licensed dealers shall comply 605(b)) that the notice of proposed licensed importer or a licensed with the provisions of § 178.91 relating rulemaking, if promulgated as a final manufacturer to also obtain a dealer’s to posting of licenses (or a copy thereof) rule, will not have a significant license in order to engage in business on while conducting business at the gun economic impact nor compliance burden his licensed premises as a dealer in the show. on a substantial number of small same type of firearms or ammunition (b) A gun show is an event sponsored entities. authorized by his license to be imported by any national, State, or local or manufactured: Provided further, That organization, or affiliate of such Paperwork Reduction Act payment of the license fee as an organization, devoted to the collection, The provisions of the Paperwork importer or manufacturer of, or a dealer competitive use, or other sporting use of Reduction Act of 1980, Pub. L. 96-511,44 in, destructive devices or ammunition firearms, or an organization or U.S.C. Chapter 35, and its implementing for destructive devices includes the association that sponsors events regulations, 5 CFR Part 1320, do not privilege of importing, manufacturing or devoted to the collection, competitive apply to this notice because no dealing in, as die case may be, firearms use or other sporting use erf firearms in requirement to collect information is other than destructive devices and the community. proposed. ammunition for other than destructive (c) Licensed dealers conducting devices by such a licensee at his business at gun shows shall maintain Authority licensed premises. firearms and ammunition records in the Accordingly, under the authority in 18 ***** form and manner prescribed by Subpart H of this part. In addition, records of U.S.C 926 (82 Stab 1226), the Director Paragraph 3. Section 178.50 is receipt and disposition of firearms proposes the amendment of 27 CFR Part amended to allow sales of firearms and transactions conducted at gun shows 178 as follows; ammunition by licensees at gun shows. Federal Register / Vol. 48, No. 188 / Tuesdays September 27, 1983 / Proposed Rules 44091 shall include the location of the sale or cost curves that became available after Piedmont, Calhoun County, Alabama, other disposition and be entered in the June 2. After reviewing these requests, permanent records of the licensee and previously published at 48 FR 22957 on the Agency announced the availability . May 23,1983. retained on the premises specified on of the additional information and the license. reopened the comment period for 30 FOR FURTHER INFORMATION CONTACT: Signed: August 31,1983. days on July 17,1983. Dr. Brian R. Mrazik, Chief, Engineering Stephen E. Higgins, Branch, Natural Hazards Division, The Agency again reopened the Federal Emergency Management Director. comment period on September 16,1983, to make additional information ... Agency, Washington, D.C. 20472; (202) Approved: September 14,1983. 287-0230. J. M. Walker, Jr., available for 30 days. Assistant Secretary Enforcement and EPA is now withdrawing for public SUPPLEMENTARY INFORMATION: The Operations). comment the POTW cost curves Federal Emergency Management

[FR Doc. 83-26180 Filed 9-28-83; 8:45 amj published on June 2,1983, and the Agency gives notice of the correction to BILLING CODE 4810-3 i-K supporting data made available on June the Notice of Proposed Determinations 2, July 17, and September 16. The of base (100-year) flood elevations for Agency is withdrawing the new cost selected locations in the City of ENVIRONMENTAL PROTECTION curves and supporting data to evaluate Piedmont, Calhoun County, Alabama AGENCY whether these curves should be used in previously published at 48 FR 22957 on the BCT methodology or whether to May 23,1983, in accordance with 40 CFR Parts 405, 406, 407, 408, 409, return to the cost curves EPA used in the Section 110 of the Flood Disaster 411, 412, 422, 424, 426, 429, 430, 431, October 1982 proposal. The Agency is Protection Act of 1973 (Pub. L. 93-234), 432, 433, and 440 concerned that these new cost curves 87 Stat. 980, which added 1363 to the [ WH-FRL-2441-1 ] may not be appropriate to use in the National Flood Insurance Act of 1968 BCT methodology. EPA also received a (Title XIII of the Housing and Urban Withdrawal of Data Pertaining to the public comment on the data stating that Development Act of 1968 (Pub. L. 90- Proposed Methodology for Best it is unfair to use new, updated 448), 42 U.S.C. 4001-4128, and 44 CFR Conventional Pollutant Control information for POTW calculations and 67.4(a)). Technology Effluent Limitations not to update the comparable industry The following location description has Guidelines calculations. been amended as follows: On page EPA is evaluating the desirability of 22957, in the column “location” the third A G EN C Y: Environmental Protection using these new cost curves. If the location for the City of Piedmont should Agency. Agency determines that these curves, or read Approximately 420 feet upstream ACTiON: Withdrawal of data for public curves revised using the same data as of confluence of Dry Creek at State comment. the new cost curves, are appropriate for Highway 9. The remainder of the Notice the BCT methodology, EPA will of Proposed Base Flood Elevations summary: On June 2 ,1883, EPA remains unchanged. published a Notice of Availability of announce this decision in the FR and new data pretaining to the methodology reopen the public comment period again. List of Subjects in 44 CFR Part 67 for establishing best conventional If the Agency determines to use the data Flood insurance. Flood plains. pollutant control technology (BCT) used in the October 1982 proposal, then effluent limitations (48 FR 24742). EPA no comment period will be reopened (National Flood Insurance Act of 1968 (Title reopened this comment period on July and the Agency will promulgate the BCT XIII of Housing and Urban Development Act 18,1983 (48 FR 32607) for another 30 methodology subject to the public of 1968), effective January 28,1969 (33 FR days, and for a second time for 30 days comments on the proposal. 17804, November 28,1968), as amended (42 U.S.C. 4001-4128); Executive Order 12127, 44 Dated: September 16,1983. on September 16,1983 (48 FR 41610). FR 19367; and delegation of authority to the EPA is now withdrawing the Steven Schatzow, Associate Director) information made available in the three Acting Assistant Administrator for Water. Issued: August 30,1983. notices pending an internal réévaluation [FR Doc. 83-26128 Filed 9-28-83; 8:45 am] Pave McLoughlin, of the new data. BILLING CODE 6560-50-1* Deputy Associate Director, State and Local d a t e : This withdrawal is effecive Programs and Support. September 16,1983. [FR Doc. 83-28301 Filed 9-28-83; 8:45 am] FEDERAL EMERGENCY FOR FURTHER INFORMATION CONTACT: BILLING CODE 6718-03-M Ms. Renee Rico at (202) 382-5386. MANAGEMENT AGENCY SUPPLEMENTARY INFORMATION: On June, 44 CFR Part 67 2,1983, EPA published a Notice of FEDERAL MARITIME COMMISSION Availability of new data pertaining to [Docket No. FEMA-6521] the methodology for establishing best 46 CFR Parts 502,512, and 531 conventional pollutant control National Flood Insurance Program; technology (BCT) effluent limitations. Proposed Flood Elevation Filing of Rates and Financial Reports The methodology had been proposed on Determination; Correction In the Trades Between the United October 29,1982 (47 FR 49176). States and Puerto Rico/Virgin Islands a g e n c y : Federal Emergency Comments on the new data were to be Management Agency. submitted by July 2,1983. a g e n c y : Federal Maritime Commission. a c t io n : EPA received two requests from Proposed rule: Correction. a c t io n : Notice of filing of petition for industry to extend the comment period rulemaking. s u m m a r y : This document corrects a to allow additional time to study the Notice of Proposed Determination of S u m m a r y : Notice is given that a petition impact of the June 2,1983 notice and to base (100-year) flood elevations for review the additional data on POTW has been filed by Sea-Land Service, Inc., selected locations in the City of for institution of ? rulemaking 44092 Federal Register / Vol. 48, No. 108 / Tuesday, September 27, 1983 / Proposed Rules proceeding by the Federal Maritime Washington, D.C. 20573, on or before Commission to amend certain of its October 31,1983. regulations applicable to common a d d r e s s e s : An original and fifteen carriers by water serving the trades c o p ies of such replies shall be submitted between the United States and Puerto to the Secretary, Federal Maritime Rico and the Virgin Islands. Specifically, Commission, Washington, D.C. 20573 Sea-Land would: and a copy shall be served on filing 1. Replace current public utility-type counsel: John M. Ridlon, Sea-Land regulation with oversight control; Industries, Inc., P.O. Box 800, Iselin, 2. Suspend financial reporting New Jersey 08830. Interested persons requirements applicable to general rate may inspect and obtain a copy of the increases; petition at the Washington Office of the 3. Reduce to thirty days the notice Federal Maritime Commission, 1100 L requirements applicable to general rate Street, NW., Room 11101. increases or decreases; and FOR FURTHER INFORMATION CONTACT: Mr. Francis C. Humey (202) 523-5725. 4. Eliminate annual submission of Statements of Financial and Operating Dated: September 21,1983. Data. Francis C. Humey, Secretary. D A T E S : Interested persons may submit replies to the petition to the Secretary, [FR Doc. 83-28170 Filed 9-28-83; 8:45 ami, Federal Maritime Commission, BILLING CODE 6730-01-M Federal Register Vol. 48, No. 188 \ Tuesday, September 27, 1983

This section of the FEDERAL REGISTER contains documents other than rules or Independence Avenue SW, Washington E. Missouri Street, Phoeniz, Arizona 85014; D.C. 20250. proposed rules that are applicable to the Farmers Home Administration State Office, public. Notices of hearings and FOR FURTHER INFORMATION CONTACT: Federal Building, Room 3433 230 North First investigations, committee meetings, agency Carolyn Wright, Security and Employee Avenue, Phoenix, Arizona 85025; Soil decisions and rulings, delegations of Relations Staff, Office of Personnel, Conservation Service State Office, 230 North authority, filing of petitions and Department of Agriculture, W ashington First Avenue, 3008 Federal Building, Phoenix, applications and agency statements of D.C. 20250, 202-447-7654. Arizona 85025; Forest Service National organization and functions are examples In connection with this system of Forest, Tonto National Forest, 102 S. 28th of documents appearing in this section. records, reference is made to the Street, Phoenix, Arizona 85038; Forest Service National Forest, Prescott National Forest, 344 Government-wide system of records S. Cortez, Prescott, Arizona 86301; Forest published by the Office of Personnel Service National Forest, Apache-Sitgreaves DEPARTMENT OF AGRICULTURE Management as OPM/GOVT-1, General National Forest, Federal Building, P.O. Box Personnel Records, at 47 F R 16466 et 640, Springerville, Arizona 85938; Forest Office of the Secretary seq., April 16,1982. The text of USDA/ Service National Forest, Coronado National OP—1 will be as follows: Forest, Federal Building, 301 W. Congress, Tucson, Arizona 85701; Forest Service Privacy Act of 1974; Notice of Systems U SD A /O P-1 of Records National Forest, Kaibab National Forest, 800 SYSTEM NAME: S. 6th Street, Williams, Arizona 86046. A G E N C Y : Office of Personnel, ARKANSAS—Forest Service National Agriculture. Personnel and Payroll System for Forest Ouachita National Forest Federal USDA Employees, USDA/OP. Building, Reserve and Broadway Streets, P.O. A C T IO N : Notice o f Amendment o f SYSTEM LOCATION: Box 1270, Hot Springs National Park, Privacy Act systems o f records. Arkansas 71901; Agricultural Marketing Office of Personnel, USDA, Service Milk Market Office, 3518 W. s u m m a r y : The Department of Washington, D.C.; the National Finance Roosevelt Rd., P.O. Box 4225, Little Rock, Agriculture proposes to amend the Center, New Orleans, Louisiana; the Arkansas 72204; Farmers Home system notice USDA/OP—1, Personnel GSA Federal Data Processing Center, Administration State Ofice, 5529 Federal and Payroll System for USDA Anchorage, Alaska; the San Antonio Office Building, P.O. Box 2778, 700 W. Employees, USDA/OP, by adding a new Data Service Center, San Antonio, Capitol, Little Rock, Arkansas 72203; Forest routine use and changing some of the Texas; and the personnel offices at the Service National Forest, Ozark-St. Francis following locations: National Forest, 605 W. Main, P.O. Box 1008, addresses where files are maintained. Russellville, Arkansas 72801; Soil Tins new routine use will permit the ALABAMA—-Soil Conservation Service Conservation Service State Office, Federal disclosure of information from the State Office, Soil Conservation Building, 665 Office Building, 700 W. Capitol St., Little system to those other Government Opelika Road, Auburn, Alabama 36830; Rock, Arkansas 72203. agencies which have identified USDA Farmers Home Administration State Office, CALIFORNIA—Animal and Plant Health employees as being in default of Aronov Building, Room 717,474 S. Court Inspection Service, PPQ Wester Region, 620 payment of debt to the Government. Street, Montgomery, Alabama 36104; Forest Central Avenue, Building 2B, Alameda, Service National Forest, National Forests in California 94501; Forest Service National SUPPLEMENTARY INFORMATION: The Debt Alabama, 1765 Highland Avenue, Forest, Modoc National Forest, 441 N. Main Collection Act of 1982 (Pub. L. 97-365) Montgomery, Alabama 36107. Street, Alturas, California 96101; Agricultural amended the Privacy Act by providing ALASKA-Forest Service National Forest, Research Service, Western Region, Regional tor the dissemination of information, Chugach National Forest, Suite 238, 2221 E. Administrative Office, 1333 Broadway, Suite specifically home addresses of Northern Lights Boulevard, Anchorage, 400, Oakland, California 94612; Forest Alaska 99508; Soil Conservation Service Service, Pacific Southwest Forest and Range employees, for collection of past-due State Office, 2221 E. Northern Lights debts owed to the Government. Experiment Station, I960 Addison Street, P.O. Boulevard, Anchorage, Alaska 99802; Forest Box 245, Berkeley, California 94701; Forest E FF E C T IV E d a t e : Any interested person Service Regional Office, Federal Office Service National Forest, Inyo National Forest, may submit written comments Building, P.O. Box 1628, Juneau, Alaska 99802; 873 N. Main Street, Bishop, California 93514; Forest Service National Forest, Tongass concerning the proposed new routine Soil Conservation Service State Office, 2828 National Forest, Ketchikan Area, Federal use. To be considered, comments must Chiles Rd., Davis, California 95616; Forest Building, Ketchikan, Alaska 99901; Farmers Service National Forest Six Rivers National be received by October 27,1983. Unless Home Administration State Office, P.O. Box a notice to the contrary is published, this Forest, 507 F Street Eureka, California 95501; 1289, Palmer, Alaska 99645; Forest Service Forest Service National Forest, Sierra routine use will become effective 30 National Forest, Tongass National Forest, National Forest Federal Building, Room 3017, days after the end of the comment Stikine Area, Box 309, Petersburg, Alaska 1130 O Street, Fresno, California 93721; Forest 99833; Forest Service National Forest, Period. The changes in addresses where Service National Forest Los Padres National tiles are maintained are effective Tongass National Forest, Chatham Area, P.O. Box 1980, Sitka, Alaska 99835. Forest, 42 Aero Camino, Goleta, California immediately. 93117; Forest Service National Forest, Tahoe ARIZONA—Forest Service National National Forest, Highway 49, Nevada City, a d d r e s s : Comments should be Forest, Coconino National Forest, 2323 E. California 95969; Forest Service National addressed to the Assistant Chief for Greenlaw Lane, Flagstaff, Arizona 86001; Forest Angeles National Forest, Room 300, Forest Service, Rocky Mountain Forest and Employee Relations, Security and 150 S. Robles Avenue, Pasadena, California Employee Relations Staff, Office of Range Experiment Station, Forestry Sciences 91101; Forest Service National Forest, Laboratory, Northern Arizona University, ersonnel (Room 14-W), Department of Eldorado National Forest, 100 Fomi Road, Agriculture, 14th Street and Flagstaff, Arizona 86001; Agricultural Marketing Service Milk Market Office, 1121 Placerville, California 95687; Forest Service National Forest Sequoia National Forest 900 4 4094 Federal Register / Vol. 48, No. 188 / Tuesday, September 27 , 1983 / Notices

Illinois 81820; Agricultural Marketing Service W. Grand Avenue, Porterville, California Professional Park, Route 44A, Storrs, Connecticut 06268. Milk Market Office, 800 Roosevelt Rd., 93257; Forest Service National Forest, Plumas Building A, Glen Ellyn, Illinois 60137; Food National Forest, 159 Lawrence Street, P.O. DELAWARE—Farmers Home and Nutrition Service Midwest Regional Box 1500, Quincy, California 95971; Forest Administration State Office, Robscott Office, 50 E. Washington Street, Chicago, Service National Forest, Shasta-Trinity Building, 151 E. Chestnut Hill Road, Suite 2, Illinois 60602; Fbrest Service National Forest, National Forest, 2400 Washington Avenue, Newark, Delaware 19713. Shawnee National Forest, 317 E. Poplar Redding, California 96001; Forest Service FLORIDA—Agriculture Marketing Service Street, Harrisburg, Illinois 62946; Agricultural National Forest, San Bernardino National Milk Market Office, 282ft E, Oakland Park Research Service, North Central Regional Forest, 144 N. Mountain View Avenue, San Boulevard, P.O. Box 11368, Ft. Lauderdale, Administrative Office, 2000 W. Pioneer Bernardino, California 92408; Forest Service Florida 33339; Farmers Home Administration National Forest, Cleveland National Forest, State Office, Federal Building, Room 214,401 Parkway, Peoria, Illinois 61615. INDIANA—Forest Service National Forest, 880 Front Street, Room 6-S-5, San Diego, S.E. First Avenue, P.O. Box 1088, Gainesville, Wayne-Hoosier National Forest, 1615 J Street, California 92188; Food and Nutrition Service Florida 32602; Soil Conservation Service Western Regional Office, 550 Kearny Street, State Office, Federal Building, 401 S.E. 1st Bedford, Indiana 47421; Farmers Home Room 400, San Francisco, California 94108; Avenue, Gainesville, Florida 32602; Forest Administration State Office, Suite 1700, 5610 Forest Service Regional Office, 630 Sansome Service National Forest Service National Crawfordsville Road, Indianapolis, Indiana Street, San Francisco, California 94111; Forest Forest, National Forests in Florida, 2586 46224; Soil Conservation Service State Office, Service National Forest, Stanislaus National Segate Drive, P.O. Box 13549, Tallahassee. Corporate Square-West, 5610 Crawfordsville Forest, 19777 Greenley Road, Sonora, Florida 32308. Road, Indianapolis, Indiana 46224. California 95370; Forest Service, Lake Tahoe GEORGIA—Agricultural Marketing Service IOWA—Farmers Home Administration Basin Management Unit, 870 Emerald Bay Milk Market Office, 3610 Interstate 85, N.E., State Office, Federal Building, Room 873, 210 Road, P.O. Box 8465, South Lake Tahoe, Suite 109, P.O. Box 49025, Atlanta, Georgia Walnut Street, Des Moines, Iowa 50309; Soil California 95731; Forest Service National 30359; Forest Service Regional Office, Suite Conservation Service State Office, Federal Forest, Lassen National Forest, 707 Nevada 812,1720 Peachtree Road, N.W., Atlanta, Building, Room 823, 210 Walnut Street, Des Street, Susanviile, California 96130; Forest Georgia 30367; Farmers Home Administration Moines, Iowa 50309. Service National Forest, Mendocino National State Office, 355 E. Hancock Avenue, KANSAS—Agricultural Marketing Service Forest, 420 E. Laurel Street, Willows, Stephens Federal Building, Athens, Georgia Milk Market Office 7819 Conser PL, P.O. Box California 95988; Farmers Home 30601; Soil Conservation Service State Office, 4606, Overland Park, K ansas,66204; Soil- Administration State Office, 459 Cleveland Federal Building, 355 E. Hancock Avenue, Conservation Service State Office, 760 S. Street, Woodland, California 95695; Forest Athens, Georgia 80613; Forest Service Broadway, Salina, Kansas 67401; Farmers Service National Forest, Klamath National National Forest, Chattahooehee-Oconee Home Administration State Office, 444 S.E. Forest, 1312 Fairfane Road, Yreka, California National Forest, 601 Broad Street, S.E., Quincy St., Topeka, Kansas 66683. 96097. Gainesville, Georgia 30501; Food and KENTUCKY—Forest Service, Northeastern COLORADO—Forest Service National Nutrition Service Southeast Regional Office, Forest Experiment Station, Forestry Science Forest, Grand Mesa-Uncompahgre-Gunnison 1100 Spring Street, N.W., Atlanta, Georgia Laboratory, 204 Center Street, Berea, National Forests, 2250 Highway 50, Delta, 30367. Kentucky 40403; Farmers Home Colorado 81416; Agricultural Marketing HAWAII—Soil Conservation Service State Administration State Office, 333 Waller Service Milk Market Office, 2600 S. Parker - Office, 300 Ala Moana Boulevard, Honolulu, Avenue, Lexington, Kentucky 40504; Soil Road, P.O. Box 440860, Aurora, Colorado Hawaii 96850; Fanners Home Administration Conservation Service State Office, 333 Waller 80044; Farmers Home Administration State State Office, 345 Kekuanaoa Street, Hilo, Avenue, Lexington, Kentucky 40504; Office, 1 Diamond Plaza, Room 231, 2490 W Hawaii 96720. Agricultural Marketing Service Milk Market 26th Avenue, Denver, Colorado 80211; Soil IDAHO—Farmers Home Administration Office, 3920 Bardstown RcL, P.O. Box 18030, Conservation Service State Office, 1 Diamond State Office, Federal Building, Room 429, 304 Louisville, Kentucky 40218; Forest Service Plaza, Room 313, 2490 W. 26th Avenue N. 8th Street, Boise, Idaho 83702; Forest National Forest, Daniel Boone National Denver, Colorado 80217; Forest Service Service National Forest, Boise National Forest, 100 Vaught Road, Winchester, Forest, 1750 Front Street, Boise, Idaho 83702; National Forest, San Juan National Forest, Kentucky 40391. Federal Building, 701 Camino Del Rio, Soil Conservation Service State Office, 304 N. LOUISIANA—Fanners Home 8th Street, Boise, Idaho 83702; Forest Service Durango, Colorado 81301; Forest Service, Administration §taie Office, 3727 Rocky Mountain Forest and Range National Forest, Challis National Forest, Government Street, Alexandria, Louisiana Forest Service Building, Highway 93, P.O. Box Experiment Station, 240 W. Prospect Street, 71301; Soil Conservation Service State Office, 404, Challis, Idaho 83226; Forest Service Fort Collins, Colorado 80526; Forest Service 3737 Government Street, Alexandria, National Forest, Idaho Panhandle National National Forest, Arapaho-Roosevelt National Louisiana 71301; Agricultural Marketing Forests, 1201 Ironwood Drive, Coeur d'Alene, Forest, 240 W. Prospect Street, Ft. Collins, Service Milk Market Office, 3001 Ridgelake Idaho 83814; Forest Service National Forest, Colorado 80526; Forest Service National Drive, P.O. Box 7250, Metairie, Louisiana Nezperce National Forest, 319 E. Main Street, Forest, White River National Forest, Old 70010; Agricultural Research Service Grangeville, Idaho 83530; Forest Service Federal Building, Box 948, Glenwood Springs, Southern Regional Administrative Office, 701 National Forest, Payette National Forest, Colorado 81602; Forest Service Regional Loyola Ave., P.O. Box 53326, New Orleans, Forest Service Building, P.O. 1020, McCall, Office, 11177 W. 8th Avenue, P.O. Box 25127, Louisiana 70153; Forest Service Southern Idaho 83638; Forest Service National Forest, Lakewood, Colorado 80225; Forest Service Experiment Station, T-10210 U.S. Postal Clearwater National Forest, Rt. 1, Orofinoi National Forest Rio Grande National Forest, Service Building, 701 Loyola Avenue, New 1803 W. Highway 160, Monte Vista, Colorado Idaho 83544; Forest Service National Forest, Caribou National Forest, 250 S. 4th Avenue, Orleans, Louisiana 70113; Office of 81144; Forest Service National Forest, Pike- Administrative Systems, National Finance Picatello, Idaho 83201; Forest Service San Isabel National Forests, 1920 Valley Center, Human and Material Resources Drive, Pueblo, Colorado 81008; Forest Service National Forest, Targhee National Forest, 420 N. Bridge Street, P.O. Box 208, St. Anthony, Branch, P.O. Box 604)00 New Orleans, National Forest Routt National Forest Hunt Louisiana 70160; Forest Service National Building, 137 10th Street P.O. Box 1198, , Idaho 83445; Forest Service National Forest, Salmon National Forest, Forest Service Forest, Kisatchie National Forest, 2500 Steamboat Springs, Colorado 80477; Food and Shreveport Highway, Pineville, Louisiana Nutrition Service Mountain Plains Regional Building, Salmon, Idaho 83467; Forest Service 71360; Office, 2420 W. 26th Avenue, Denver, National Forest, Sawtooth National Forest, 1525 Addison Avenue, E., Twin Falls, Idaho MAINE—Farmers Home Administration Colorado 80211. State Office, USDA Office Building, Orono. CONNECTICUT—Forest Service 83301. ILLINOIS—Farmers Home Administration Maine 04473; Soil Conservation Service State Northeastern Forest Experiment Station, Office, USDA Building, University of Maine, Center for Biological Control of Northern State Office, 2106 W. Springfield Avenue, Champaign, Illinois 61821; Soil Conservation Orono, Maine 04473, Forest Insects and Disease, 51 Mill Pond MARYLAND—Argicultural Research Road, Hamden, Connecticut 06514; Soil Service State Office, Springer Federal Service, Northeastern Regional Conservation Service State Office, Mansfield Building, 301 N. Randolph Street, Champaign, 107, Administrative Office, Room Building W . 1141, Capitol Street, Suite Jackson, NEW HAMPSHIRE—Forest Service, 003, BARC-W, Beltsville, Maryland 20705; Mississippi 39269; Soil Conservation Service State Office, MISSOURI—Farmers Home Northeastern Forest Experiment Station, Hartwick Building, Room 522—4321 Hartwick Louis C. Wyman Forestry Sciences Administration State Office, 555 Vandiver Road, College Park, Maryland 20740; Laboratory, P.O. Box 640, Durham, New Dr., Columbia, Missouri 65202; Soil Agricultural Research Service, Conservation Service State Office, 555 Hampshire 03824; Soil Conservation Service Administrative Management, Personnel Vandiver Dr., Columbia, Missouri 65202; State Office, Federal Building, Durham, New Division. Federal Center Building, Room 533, Agricultural Stabilization and Conservation Hampshire 03824; Forest Service National Hyattsville, Maryland 20872; Animal and Service, Kansas City Management Office, Forest, White Mountain National Forest, 719 Plant Health Inspection Service, PPQ Non- 8930 Ward Hey., Kansas City, Missouri 64114; Main Street, Federal Building, P.O. Box 638, Regional Administrative Operations Office, Forest Service National Forest, Mark Twain Laconia, New Hampshire. 623, Federal Building, Room Hyattsville, National Forest, 401 Fairgrounds Road, Rolla, NEW JERSEY—Animal and Plant Health Maryland 20782. Missouri 65401; Agricultural Marketing Inspection Service, PPQ Northeastern Region, MASSACHUSETTS—Soil Conservation Service Milk Market Office, 2550 Schuetz Blason II, 1st Floor, 505 S. Lenola Road, Service State Office, 451 West Street, Road, P.O. Box 1485, Maryland Heights, Moorestown, New Jersey 08057; Food and Amherst, Massachusetts 01002; Agricultural Missouri 63043; Farmers Home Nutrition Service Mid-Atlantic Regional Marketing Service Milk Market Office, 90 Administration Finance Office, 1520 Market Canal Street, P.O. Box 1478, Boston, Office, Mercer Corporate Park, Corporate St., St. Louis, Missouri 63103. Boulevard, P.O. Box CN02150, Robbinsville, Massachusetts 02205; Farmers Home MONTANA—Forest Service National Administration State Office, 451 West Street, New Jersey 08691; Soil Conservation Service Forest, Custer National Forest, P.O. Box 2556, State Office, 1370 Hamilton Street,.Somerset, Amherst, Massachusetts 01002; Food and Billings, Montana 59103; Farmers Home Nutrition Service, New England Regional New Jersey 08873; Farmers Home * Administration State Office, Federal Building, Administration State Office, 1 Vahlsing Office, 33 North Avenue, Burlington, P.O. Box 850, Bozeman, Montana 59715; Center, Robbinsville, New Jersey 08691. Massachusetts 01803. Forest Service National Forest, Gallatin MICHIGAN—Agricultural Marketing National Forest, Federal Building, P.O. Box NEW MEXICO—Forest Service National Service Milk Market Office, 2684 W., 11 Mile 130, Bozeman, Montana 59715; Soil Forest, Lincoln National Forest, Federal Road, Berkley, Michigan 48072; Forest Service Conservation Service State Office, Federal Building, 11th and New York Avenue, National Forest, Huron-Manistee National Building, 32 E. Babcock, Bozeman, Montana Alamogordo, New Mexico 88310; Farmers Forest, 421 S. Mitchell Street, Cadillac, 59715; Forest Service National Forest, Home Administration State Office, Federal Michigan 49601; Farmers Home Deerlodge National Forest, Federal Building, Building, Room 3414, 517 Gold Avenue, S.W., Administration State Office, 1405 S. Harrison P.O. Box 400, Butte, Montana 59703; Forest Albuquerque, New Mexico 87102; Forest Road, Room 209, East Lansing, Michigan Service National Forest, Beaverhead National Service Regional Office, 517 Gold Avenue, 48823; Soil Conservation Service State Office, Forest, 610 N. Montana Street, P.O. Box 1258, S.W., Albuquerque, New Mexico 87102; 1405 S. Harrison Road, East Lansing, Dillion, Montana 59725; Forest Service Forest Service National Forest, Cibola Michigan 48823; Forest Service National National Forest, Lewis and Clark National National Forest, 10308 Candelaria, N.E., Forest, Hiawatha National Forest, 2727 N. Forest, Casco Building, 1601 Second Avenue, Albuquerque, New Mexico 87112; Soil Lincoln Road, Escanaba, Michigan 49829; N., P.O. Box 871, Great Falls, Montana 59403; Conservation Service State Office, 517 Gold Forest Service National Forest, Ottawa Forest Service National Forest, Bitterroot Avenue, S.W., Albuquerque, New Mexico National Forest, U.S. 2 East, Ironwood, National Forest, 316 N. Third Street, 87103; Forest Service National Forest, Santa Michigan 49938. Hamilton, Montana 59840; Forest Service Fe National Forest, 1220 St. Francis Drive, MINNESOTA—Forest Service National Natipnal Forest, Helena National Forest, P.O. Box 1689, Santa Fe, New Mexico 87501; Forest, Chippewa National Forest, Cass Lake, Federal Office Building, Drawer 10014, Forest Service National Forest, Gila National Minnesota 56633; Forest Service National Helena, Montana 59626; Forest Service Forest, 2610 N. Silver Street, Silver City, New Forest, Superior National Forest, Box 338, National Forest, Flathead National Forest, Mexico 88061; Forest Service National Forest, Duluth, Minnesota 55801; Agricultural 1935 Third Avenue, E., P.O. Box 147, Carson National Forest, Forest Service Marketing Service Milk Market Office, 4570 Kalispell, Montana 59901; Forest Service Building, P.O. Box 558, Taos, New Mexico W. 77th Street, Suite 210, Minneapolis, National Forest, Kootenai National Forest, 87571. Minnesota 55435; Animal and Plant Health West Highway 2, Libby, Montana 59923; NEW YORK—Agricultural Research Forest Service Regional Office, Federal Inspection Service Field Servicing Office, service, Plum Island Animal Disease Center, Building, P.O. Box 7669, Missoula, Montana Butler Sq., W., 5th FI., 100 N. 6th Street, P.O. Box 848, Greenport, Long Island, New 59807; Forest Service National Forest, Lolo Minneapolis, Minnesota 55403; Farmers York 11944; Agricultural Marketing Service National Forest, Building 24, Ft. Missoula, Home Administration State Office, 252 Milk Market Office, 708 Third Avenue, New Federal Office Building and U.S Court House, Missoula, Montana 59801; Forest Service, Intermountain Forest and Range Experiment York, New York 10017; Farmers Home St. Paul, Minnesota 55101; Food Safety and Administration State Office, U.S. Courthouse Inspection Service, Personnel Operations Station, Forestry Sciences and Northern and Federal Building, Room 871,100 S. Branch, Butler Sq., W., 4th Floor, 100 N. 6th Forest Fire Laboratories, Drawer G, Missoula, Clinton Street, Syracuse, New York 13202; Street, Minneapolis, Minnesota 55403; Forest Montana 59806. Forest Service, Aerial Fire Soil Conservation Service State Office, James Service, North Central Forest Experiment Depot, Box 6, Airport Terminal, Missoula M. Hanley Federal Building, 100 S. Clinton Station, 1992 Folwell Avenue., St., Paul, Montana 59802. Street, Syracuse, New York 13260. Minnesota 55108; Soil Conservation Service NEBRASKA—Forest Service National State Office, 200 Federal Building and U.S. Forest, Nebraska National Forest, 270 Pine NORTH CAROLINA—Forest Service, Courthouse, 316 N. Roberts St., St. Paul, Street, Chadron, Nebraska 69337; Farmers Southeastern Forest Experiment Station, 200 Minnesota 55101; Forest Service, Home Administration State Office, Federal Weaver Boulevard, Asheville, North Carolina Northeastern Area State and Private Building, Room 308,100 Centennial Mall 28804; Forest Service National Forest, Forestry 1992 Folwell Avenue, St. Paul North, Lincoln, Nebraska 68508; Soil National Forests in North Carolina, 50 S. Minnesota 55108. Conservation Service State Office, Federal French Broad Avenue, P.O. Box 2750, 100 MISSISSIPPI—Animal and Plant Health Building, Centennial Mall, N., Lincoln, Asheville, North Carolina 28802; Farmers Nebraska 68501. Inspection Service, PPQ Southeastern Region, Home Administration State Office, Room 514, JS05 25th Avenue, P.O. Box 3659, Gulfport, NEVADA—Forest Service National Forest, 310 New Bern Avenue, Raleigh, North Mississipi 39503; Farmers Home Humboldt National Forest, 976 Mountain City Carolina 27601; Soil Conservation Service Highway, Elko, Nevada 89801; Soil Administration State Office, Federal Building, State Office, Federal Office Building, 310 New Conservation Service State Office, U.S. Post Koom 831, Jackson, Mississippi 39369; Soil Bern Avenue, Raleigh, North Carolina 27611. Office Building, Room 234, 50 S. Virginia Conservation Service State Office, Federal NORTH DAKOTA—Farmers Home Street, Reno, Nevada 89505; Forest Service Building, 100 W. Capitol St., Jackson, Administration State Office, Federal Building, National Forest, Toiyabe National Forest, 111 Mississippi 39269; Forest Service National Room 208, 3rd and Rosser Avenue, Bismarck, N. Virginia Street, Room 601, Reno, Nevada North Dakota 58501; Soil Conservation orest, National Forests in Misssissippi, 100 89501. Service State Office. Federal Building, Rosser 44096 Federal Register / VoL 48, No. 188 / Tuesday, September 27, 1983 / Notices

Station, Federal Building, 507 25th Street, Avenue and Third Street, Bismarck, North Building and Court House. Harrisburg, Ogden, Utah 84401; Forest Service Regional Dakota 58502. Pennsylvania 17108; Agricultural Research Office, Federal Office Building, 324 25th OHIO—Agricultural Marketing Service Service Eastern Regional Research Center. Street, Ogden, Utah 84401; Forest Service Milk Market Office, 7851 Freeway Circle, 600 E. Mermaid Ln., Philadelphia, National Forest, Manti-LaSal National Forest. Middleburg Heights, P.O. Box 30128, Pennsylvania 19118; Forest Service Cleveland, Ohio 44130; Agricultural Northeastern Area State and Private 599 W. Price River Drive, Price, Utah 84501; Marketing Service Milk Market Office, 5950 Forestry, 370 Reed Road, Broomall, Forest Service National Forest, Units Sharon Woods Boulevard, P.O. Box 29226, Pennsylvania 19008; Forest Service, National Forest, 88 W. 100 North, Provo, Utah Columbus, Ohio 42339; Farmers Home Northeastern Forest Experiment Station, 370 84683; Forest Service National Forest Administration State Office, Federal Bjiilding, Reed Road, Broomall, Pennsylvania 19008; Fishlake National Forest, 115 E. 900 North, Room 507, 200 N. High Street. Columbus, Soil Conservation Service Technical Service Richfield, Utah 84701; Farmers Home Ohio 43215; Soil Conservation Service State Center, 1974 Sproul Road, Broomall, Administration State Office, Federal Building, Office, 200 N. High Street, Columbus, Ohio Pennsylvania 19008; Forest Service National Room 5311.125 S. State Street, Salt Lake City, 43215. Forest, Allegheny National Forest, Spiridon Utah 84138; Forest Service National Forest, OKLAHOMA—Farmers Home Building; P.O. Box 847, Warren, Pennsylvania Wasalch-Cache National Forest, 8226 Federal Administration State Office, Agricultural 16365. Building 125 S. State Street, Salt Lake City. SOUTH CAROLINA—Forest Service Center Office Building, Stillwater,"Oklahoma Utah 84138; Forest Service, Geo me ironies Forest Manager, Savannah River Forest 74074; Soil Conservation Service State Office, Service Center, 2222 W. 2300 South, Salt Lake Station, P.O. Box A, Aiken, South Carolina Agricultural Center Building, Farm Rd. and City, Utah 84119; Soil Conservation Service 29801; Farmers Home Administration State Brumley Street, Stillwater, Oklahoma 74074; State Office, 4012 Federal Building. 125 S- Office, Strom Thurmond Federal Building, Agricultural Marketing Service Milk Market State Street, Salt Lake City, Utah 84147: Room 1007,1835 Assembly Street, 2nd Floor, Office, 4325 E. 51st Street, P.O. Box 470563, Forest Service National Forest, Ashley Columbia, South Carolina 29201; Forest Tulsa, Oklahoma 74147. National Forest, 437 E. Main Street, Vernal, OREGON—Forest Service National Forest, Service National Forest, Francis Marion- Sumter National Forests, 1835 Assembly Utah 84078. Wallowa-Whitman National Forest, Federal VERMONT—Forest Service, Northeastern Street, P.O. Box 2227, Columbia, South Building, Main and Auburn, Box 907, Baker, Forest Experiment Station, George D. Aiken Oregon 97814; Forest Service National Forest, Carolina 29202; Soil Conservation Service State Office, Strom Thurmond Federal Sugar Maple Laboratory, 705 Spear Street, Deschutes National Forest, 211 N.E. Revere P.O. Box 968, Burlington, Vermont 05402; Soil Avenue, Bend, Oregon 97701; Forest Service Building, 1835 Assembly Street, Columbia, Conservation Service State Office, 1 National Forest, Siuslaw National Forest, South Carolina 29201. Burlington Square, Burlington, Vermont P.O. Box 1148, Corvallis, Oregon 97339; Forest SOUTH DAKOTA—Forest Service 05401; Farmers Home Administrative State Service National Forest, Willamette National National Forest, Black Hills National Forest, Office, 141 W. Mam Street, P.O. Box 588, Forest. Box 10607, Eugene, Oregon 97440: Forest Service Office Building, P.O. Box 792, Montpelier, Vermont 05602; Forest Service Forest Service National Forest, Siskiyou Custer, South Dakota 57730; Farmers Home National Forest, Green Mountain National National Forest, Box 440, Grants Pass, Administration State Office, Huron Federal Forest, Federal Building, 151 West Street, Oregon 97526; Forest Service National Forest, Building Room 208, 200 4th Street. SW., Mt. Hood National Forest, 2955 N.W. Division Huron, South Dakota 57350; Soil Rutland, Vermont 05701 VIRGINIA—Agricultural Marketing Service Street, Gresham, Oregon 97030; Forest Conservation Service State Office, Federal Service National Forest, Malheur National Building, 200 4th Street, SW., Huron, South Milk Market Office, 300 N. Lee St., Room 320. Forest, 139 N.E. Dayton Street, John Day, Dakota 57350. P.O. 710, Alexandria, Virginia 22313; Forest Oregon 97845; Forest Service National Forest, TENNESSEE—Forest Service National Service National Forest, George Washington Winema National Forest, P.O. Box 1390, Forest, Cherokee National Forest, 2800 N. National Forest, 210 Federal Building Klamath Falls, Oregon 97601; Forest Service Ocoee Street, NW„ Box 2010, Cleveland, Harrisonburg, Virginia 2 2 8 0 1 ; Farmers Home National Forest, Fremont National Forest, Tennessee 37311; Farmers Home Administration State Office, Federal Building. Box 551 Lakeview, Oregon 97630; Forest Administration State Office, 538 U.S. Room 8213,400 N. Eighth Street, P.O. Box Service National Forest, Rogue River Courthouse Building, 801 Broadway Street 10106, Richmond, Virginia 23240; Soil National Forest, Federal Building, 333 W. 8th Nashville, Tennessee 37203; Soil Conservation Service State Offices, 400 N. Street, P.O. Box 520, Medford, Oregon 97501; Conservation Service State Office, U S. Eighth Street, Richmond Virginia 23240; Forest Service National Forest, Umatilla Courthouse, 801 Broadway Street, Nashville, Forest Service National Forest, Jefferson National Forest, 2517 SW., Hailey Avenue, Tennessee 37203. National Forest, 210 Franklin Road SW, Pendleton, Oregon 97801; Farmers Home TEXAS—Animal and Plant Health Room 954, Caller Service 2900, Roanoke, Administration State Office, Federal Building, Inspection Service, PPQ South Central Virginia 24001. Room 1590,1220 SW. 3rd Avenue, Portland, Region, 2100 Boca Chica'Boulevard, Suite 400. WASHINGTON—Forest Service National Oregon 97204; Forest Service, Pacific Boca Chiae Tower Building, Brownsville, Forest, Colville National Forest, 695 S. Main. Northwest Forest and Range Experiment Texas 78521; Agricultural Marketing Service Colville, Washington 99114; Forest Service Station, 809 NE. 6th Avenue, Portland, Milk Market Office, 11117 Shady Trail, P.O. National Forest, Okanogan National Forest, Oregon 97232; Forest Service Regional Office, Box 29529, Dallas, Texas 75229; Food and 1240 S. 2nd Avenue, Okanogan, Washington 319 SW. Pine Street, P.O. Box 3623, Portland, Nutrition Service Southwest Regional Office, 98840; Forest Service National Forest, Oregon 97208; Soil Conservation Service 1100 Commerce Street Room 5D 22, Dallas, Olympic National Forest, Federal Building, State Office, Federal Building, 1220 SW. Third Texas 75242; Forest Service National Forests, P.O. Box 2288, Olympia, Washington 98507: Avenue, Portland, Oregon 97204; Soil National Forests in Texas, P.O. Box 969, Forest Service National Forest, ML Baker- Federal Building, Lufkin, Texas 75901; Conservation Service Technical Center, 511 Snoqualmie National Forests, 1022 First Farmers Home Administration State Offiee, N.W. Broadway, Portland, Oregon 97209; Avenue, Seattle, Washington 98104; Soil W.R. Poage Federal Building, 101 S. Main Agricultural Marketing Service Milk Market Conservation Service State Office, 360 U.S. Street Temple, Texas 76501; Soil Office, Tarbell Building; 9735 S.W. Shady Courthouse, W. 920 Riverside Avenue, Conservation Service State Office, W JL Lane, Tigard, P.O. Box 23606, Portland, Spokane, Washington 99201; Forest Service Poage Federal Building, 101 S. Main Street, Oregon 97223; Forest Service National Forest, National Forest, Gifford Pinchot National P.O. Box 686, Temple, Texas 76503; Soil Ochoco National Forest, Federal Building, Forest 500 W. 12th St., Vancouver, P.O. Box 490, Prineville Oregon 97754; Forest Conservation Service Technical Service Center, Ft. Worth Federal Center Building 23, Washington 98660; Fanners Home Service National Forest, Umpqua National Administration State Office, Federal Office Felix and Hemphill Streets, Ft. Worth. Texas Forest, Box 100S, Roseburg, Oregon 97470. Building, Room 319, 301 Yakima St., PENNSYLVANIA—Farmers Home 76115. Wenatchee, Washington 98801; Forest Administration State Office, Federal Building, UTAH—Forest Service National Forest, Dixie National Forest 82 North 100 East Service National Forest, Wenatchee National Room 728, 228 Walnut St., P.O. Box 905, Forest, Box 811, Wenatchee, Washington Harrisburg, Pennsylvania 17108; Soil Cedar City, Utah 8472a' Forest Service, Conservation Service State Office, Federal Intermountain Forest and Range Experiment 98801. Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices 4 4097

WEST VIRGINIA—Forest Service National Room 3552-S, Washington, D.C. 20250; Forest, Monongahela National Forest, USDA reports; (7) Office of Management and Farmers Home Administration Personnel Budget for special reports; (8) General Building, Sycamore Street, P.O. Box 1548, Division, Room 6900-S, Washington, D.C. Elkins, W est Virginia 26241; Farmers Home 20250; Federal Crop Insurance Corporation, Accounting Office for special reports; (9) Administration State Office, Federal Buflding, Personnel Division, Room 4618-S, Department of Justice; (10) General Room 320, 75 High Street, Morgantown, West Washington, D.C. 20250; Foreign Agricultural Services Administration for records Virginia 26505; Forest Service, Northeastern Service, Personnel Division, Room 5627-S, retirement and/or destruction; (11) State Forest Experiment Station, Forestry Sciences Washington, D.C. 20250; Forest Service, Department for passport and foreign Laboratory, 180 Canfield Street, Morgantown, Division of Personnel Management, Room assignments; (12) Department of West Virginia 26505; Soil Conservation 910, Rosslyn Plaza E, Arlington, VA 22209; Service State Office, 75 High St„ Transportation, Environmental Food and Nutrition Service, Personnel Protection Agency and Cooperating Morgantown, W est Virginia 26505; Forest Division, Park Office Center, Room 813, 3101 Service, Northeastern Forest Experiment Park Center Drive, Alexandria, VA 22302; state and local agencies for accident Station, Timber and Watershed Laboratory, Office of Inspector Générai, Personnel and safety records; (13) Internal P.O. Box 445, Parsons, West Virginia 26287; Management Staff, Room 16-E, Washington, Revenue Service and State and local Forest Service, Northeastern Forest D.C. 20250; Office of International government for matters in connection Experiment Station, Forest Sciences Cooperation and Development, Personnel with payment of income taxes; (14) Laboratory, P.O. Box 152, Princeton, West Office, Auditors Building, Room 3118, Virginia 24740. Social Security Administration for social Washington, D.C. 20250; Office of Personnel, security payment information; (15) WISCONSIN—Forest Service, Forest Personnel Operations, Room 149-W, United funds for reports and records; Products Laboratory, P.O. Box 5130, Madison, Washington, D.C. 20250; Soil Conservation Wisconsin 53705; Soil Conservation Service Service, Personnel Staff, P.O. Box 2890, (16) Department of Health and Human State Office, 4601 Hammersley Road, Washington, D.C. 20013; Soil Conservation Services for scheduling physical Madison, W isconsin 53711; Forest Service Service National Office, Administrative Staff, examinations; (17) all Government Regional Office, Eastern Region, Henry S. P.O. Box 2890, Washington, D.C. 20013; Rural agencies and potential employers Reuss Federal Plaza, Suite 500, 310 W. Electrification Administration, Personnel concerning employment inquires; (18) Wisconsin Avenue, Milwaukee, Wisconsin Management Division, Room 4031-S, Equal Employment Opportunity 53203; Forest Service National Forest, Washington, D.C. 20250; Food Safety and Chequamegon National Forest, 157 N. 5th Commission for handling complaints; Inspection Service, Personnel Division, Room (19) appropriate agency, whether Avenue, Park Falls, W isconsin 54552; Forest 3911-S, Washington, D.C. 20250. Service National Forest, Nicolet National Federal, State, local or foreign, charged Forest, Federal Building, 68 S. Stevens, CATEGORIES OF INDIVIDUALS COVERED BY THE with the responsibility of investigating Rhinelander, W isconsin 54501; Farmers Home s y s t e m : or prosecuting a violation of law, or of Administration State Office, 1257 Main Current and prior employees of USDA enforcing or implementing the statute, Street, Stevens Point, W isconsin 54481. and applicants who were not hired, as rule, regulation or order issued pursuant WYOMING—Farmers Home well as its permittees, cooperators and thereto, of any record within this system Administration State Office, Federal Building, cotractors. when information available indicates a Room 1005,100 E. B Street, Casper, Wyoming violation or potential violation of law, 82601; Soil Conservation Service State Office, CATEGORIES OF RECORDS IN THE SYSTEM: Federal Office Building, 100 E. B Street, whether civil, criminal or regulatory in Casper, Wyoming 82601; Forest Service The system consists of personnel nature, and whether arising by general National Forest, Shoshone National Forest, (Official Personnel Folders, Applicant statute or other particular program 225 W. Yellowstone Highway, P.O. Box 2140, Supply Files, performance files, statute, or by rule, regulation or order Cody, Wyoming 82414; Forest Service retention lists, appeals, grievances, issued pursuant thereto; (20) a court, National Forest, Bridger-Teton National complaints, disciplinary, conflict of magistrate or administrative tribunal, or Forest, Forest Service Building, 340 N. Cache, interest, health, suggestion and incentive to opposing counsel in a proceeding P O. Box 1888, Jackson, Wyoming 83001; awards, accident, training, time and before any of the above, of any record Forest Service National Forest, Medicine Bow attendance, travel voucher, and within the system which constitutes National Forest, 605 Skyline Drive, Laramie, classification files) and payroll data Wyoming 82070; Forest Service National evidence in that proceeding, or which is Forest, Bighorn National Forest, 1969 S. needed to conform to all applicable sought in the course of discovery and Sheridan Avenue, Sheridan, Wyoming 82801. laws, Government regulations and (21) any agency of the Federal PLiERTO RICO— Farmers Home procedures, and the needs of the Government which has identified USDA Administration State Office, Federal Building, Department and agencies in carrying out employees as having defaulted in the Carlos Chardon Street, G.P.O. Box 6106G, their personnel management repayment of an obligation incurred Hato Rey, San Juan, Puerto Rico 00918; Soil responsibilities. under any statutory authority except the Conservation Service Caribbean Office, Internal Revenue Code, the Social Federal Office Building, Chardon Avenue, AUTHORITY FOR MAINTENANCE OF THE Hato Rey, Puerto Rico 00918; Forest Service s y s t e m : Security Act or the U.S. tariff laws. National Forest, Caribbean National Forest 5 U.S.C. 301. POLICIES AND PRACTICES FOR STORING, and State and Private Forestry Programs, Box RETRIEVING, ACCESSING, RETAINING AND AQ, Rio Piedras, Puerto Rico 00928. ROUTINE USES OF RECORDS MAINTAINED IN DISPOSING OF RECORDS IN THE SYSTEM: HEADQUARTERS—Agricultural Research THE SYSTEM, INCLUDING CATEGORIES OF service, Personnel Division, Federal Center USERS AND THE PURPOSES OF SUCH USES: STORAGE: Building, Room 557, Hyattsville, MD 20782; Referral to: (1) Office of Personnel Agricultural Marketing Service, Personnel Records are maintained in file folders Management for required action, records at the applicable address listed above, Division, Room 1709-S, Washington, D.C. and reports; (2) Department of Treasury 20250; Agricultural Stabilization and except for the National Finance Center, for inssuance of diecks and bonds; (3) Conservation, Service, Personnel Division, the GSA Federal Data Processing Center Room 4752-S, Washington, D.C. 20250; Department of Labor for Office of and the San Antonio Data Service Animal and Plant Health Inspection Service, Workers Compensation Program and Center where they are maintained on Human Resources Division, Room 213, Office of Safety and Health computer tape and disk storage. federal Building, Hyattsville, MD 20782; Administration; (4) Department of Economics Management Staff, Personnel Commerce for distribution of Federal RETRIEV ABILITY: Division, Room 1442-S, W ashington, D .C payrolls; (5) Congress for special Records are indexed by name of 20250; Extension Service, Personnel Division, reports; (6) White House for special employee and/or identification number. 4 40 98 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices s a f e g u a r d s : will meet at 9:30 a.m. on Wednesday, Standards advises in its memorandum Records are kept in locked files, October 19,1983. The meeting location dated August 24,1983 that (1) the locked offices and/or in secured will be the 2nd floor conference room, capability of the foreign instrument computer tape storage rooms. Angeles National Forest Headquarters, described above is pertinent to the 150 South Los Robles Street, Pasadena, applicant’s intended purpose and (2) it RETENTION AND DISPOSAL: California. knows of no domestic instrument or Records are maintained indefinitely The purpose of the meeting is to apparatus of equivalent scientific value until employees are separted from the discuss acquisition of rights-of-way and to the foreign instrument for the Department and are then retired or other matters relating to completion of applicant’s intended use. transferred to a new employing agency the trail in Southern California. The Department of Commerce knows or destroyed in conformance with The meeting will be open to the of no other instrument or apparatus of appropriate General Services public. Persons who wish additional equivlent scientific value to the foreign Administration retirement and/or information should contact Dick instrument, for such purposes as this destruction Schedules. Benjamin, Recreation Staff, Pacific instrument is intended to be used, which Southwest Region, Forest Service, 630 SYSTEM MANAGER(S) ÂND ADDRESS: is being manufactured in the United Sansome Street, San Francisco, CA States. Director, Office of Personnel, USDA, 94111. Telephone number (415) 556-6986. Washington, D.C. 20250. (Catalog of Federal Domestic Assistance Dated: September 19,1983. Program No. 11.105, Importation of Duty-Free NOTIFICATION PROCEDURE: Zane G. Smith, Jr., Educational and Scientific Materials) Employees may request information Regional Forester, Pacific Southwest Region. Frank W. Creel, from this system from the appropriate (FR Doc. 83-26229 Filed 9-26-83; 8:45 am] Acting Director, Statutory Import Programs personnel office having custody of his/ BILLING CODE 3410-11-M Staff. her records. A request for information (FR Doc. 83-28245 Filed 9-28-83; 8:45 am] should be addressed to the Director, BILUNG CODE 3510-25-M Personnel Division, (name of DEPARTMENT OF COMMERCE appropriate Agency) USDA at the address shown under Location and International Trade Administration SRI International; Decision on Application for Duty-Free Entry of should contain: Brookhaven National Laboratory; Scientific Instrument Name of requestor, employing agency Decision on Application for Duty-Free in USDA or agency to which information Entry of Scientific Instrument was furnished, address of agency and The following is a decision on an particular information requested. The following is a decision on an application for duty-free entry of a application for duty-free entry of a scientific instrument pursuant to Section RECORD ACCESS PROCEDURES: scientific instrument pursuant to Section 6(c) of the Educational, Scientific, and Any individual may obtain 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of information as to the procedures for Cultural Materials Importation Act of 1966 (Pub. L. 89-651, 80 Stat. 897) and the gaining access to and contesting a 1966 (Pub. L. 89-651, 80 Stat. 897) and the regulations issued pursuant thereto (15 record in the system which pertains to regulations issued pursuant thereto (15 CFR 301 as amended by 47 FR 32517). him/her by submitting a written request CFR 301 as amended by 47 FR 32517). A Copy of the record pertaining to this to the appropriate offices referred to in A copy of the record pertaining to this decision is available for public review the preceding paragraph. decision is available for public review between 8:30 AM and 5:00 PM in room between 8:30 AM and 5:00 PM in Room 1523, Statutory Import Programs Staff, CONTESTING RECORD PROCEDURES: U.S. Department of Commerce, 14th and Same as Record access procedures. 1523, Statutory Import Programs Staff, U.S. Department of Commerce, 14th and Constitution Avenue, NW., Washington, RECORD SOURCE CATEGORIES: Constitution Avenue, N.W. Washington, D.C. 20230. Information in this system comes from D.C. 20230. Docket No. 83-9. Applicant: SRI the employee applicants, permittees, Docket No.: 83-220. Applicant: International, Molecular Physics Laboratory, 333 Ravenswood Avenue, cooperators, contractors, employee’s Brookhaven National Laboratory, Menlo Park, CA 94025. Instrument: personnel offices, supervisors, Upton, NY 11973. Instrument: Four Excimer Laser, Model EMG 50 with FL references, investigative personnel, Circle Diffractometer, Model D5030 and colleges and universities and former Accessories. Manufacturer: Robert 2001 Dye laser and Scan Controller. Manufacturer: Lambda Physik, West employers. Huber Diffraktionstechnik, West Germany. Intended use of instrument: Germany. Intended use of instrument: Dated: September 22,1983. See notice on page 29036 in the Federal See Notice on page 53759 in the Federal John R. Block, Register of June 24,1983. Register of November 29,1982. Secretary of Agriculture. Comments: No comments have been Comments: No comments have been [FR Doc. 83-26243 Filed 9-26-83; 8:45 am) received with respect to this application. received with respect to this application. BILLING CODE 3410-96-M Decision: Application approved. No Decision: Application approved. No instrument or apparatus of equivalent instrument or apparatus of equivalent scientific value to the foreign scientific value to the foreign Forest Service instrument, for such purposes as this instrument, for such purposes as this instrument is intended to be used, was Southern California Subcommittee of instrument is intended to be used, is being mahufacturedin the United States the Pacific Crest National Scenic Trail being manufactured in the United at the time the foreign instrument was Advisory Council; Meeting States. Reasons: The foreign instrument provides six axes, capable of providing ordered (August 20,1082). Reasons: The The Southern California a sphere of uncertainty of not more than foreign instrument is an integrated Subcommittee of the Pacific Crest ± 0.01 mm at the center of the Eulerian excimer/dye laser system which National Scenic Trail Advisory Council cradle. The National Bureau of provides at least 40 mj pulse energy at a wavelength of 308 nm and a repetition Gas Laser and FL 2001 Dye Laser. (Catalog of Federal Domestic Assistance rate of 150 pps. The National Bureau of Manufacturer: Lambda Physik GmbH Program No. 11.105, Importation of Duty-Free Standards advises in its memorandum and Co., West Germany. Intended use of Educational and Scientific Materials) dated August 29,1983 that (1) the instrument: The instrument is a tunable Frank W . Creel, characteristics of the foreign instrument source of high intensity coherent light in Acting Director, Statutory Import Programs described above are pertinent to the the visible, ultraviolet, and near infrared Staff. applicant’s intended purpose and (2) it regions of the spectrum that will be used [FR Doc. 83-26246 Filed 9-26-83; 8:45 am] knpws of no domestic instrument or to excite raman emission (resonance BILLING CODE 3510-25-M apparatus (i.e. an integrated two laser system) of equivalent scientific value to enhanced) from short lived organic free radicals in order to study their structure. the foreign instrument for the applicant’s Postponement of Final Determination; Application received by Commissioner intended use which was being Lightweight Polyester Filament Fabrics manufactured in the United states at the of Customs: August 17,1983. From Japan time the foreign instrument was ordered. Docket No.: 83—305. Applicant: Brown The Department of Commerce knows University, Providence, R.I. 02912. A G E N C Y : International Trade of no other instrument or apparatus of Instrument: Electron Microscope, EM Administration, Commerce. equivalent scientific value to the foreign 410G and Accessories. Manfacturer: a c t io n : Notice of postponement of final instrument, for such purposes as this Philips Electronic Instruments, The antidumping determination: Lightweight instrument is intended to be used, which Netherlands. Intended use of instrument; polyester filament fabrics front Japan. was being manufactured in the United The instrument is intended to be used States at the time the foreign instrument for studies of biological material, s u m m a r y : This notice informs the public was ordered. including tissue samples from animals that the Department of Commerce (the Department) has received requests from (Catalog of Federal Domestic assistance and plants and microorganisms. The counsel for Teijin Limited, Toyobo Co., Program No. 11.105, Importation of Duty-Free experiments to be conducted include Ltd., Asahi Chemical Industry Co., Ltd., Educational and Scientific Materials) electron diffraction of tilted and untilted C. Itoh & Co., Ltd., Nishikawa Bussan [FR Doc. 83-26244 Filed 9-26-83; 8:45 am] samples, antibody labeling, and BILLING CODE 3510-25-M Co., Ltd., Nichibo Co., Ltd., Kanebo cytochemical analysis. The instrument Synthetic Textiles, Ltd., Toray will also be used for educational Industries, Inc., Mitsubishi Rayon Co., Notre Dame University, et a!.; purposes in an electron microscopy Ltd. and Chori Company, Ltd. that the Applications for Duty-Free Entry of techniques course, and a cell biology final determination be postponed until Scentific Instruments course in which the application of the not later than 135 days after the date of instrument will be taught. Application publication of the preliminary The following are notices of the received by Commissioner of Customs: determination, as provided for in section receipt of applications for duty-free September 14,1983. 735(a)(2)(A) of the Tariff Act of 1930, as entry of scientific instruments published Docket No.: 83-306. Applicant: amended (the Act) (19 U.S.C. 1673d pursuant to Section 6(c) of the Trustees of Boston University, 881 (a)(2)(A)); and, that the Department has Educational, Scientific and Cultural determined to postpone its final Materials Importation Act of 1966 (Pub. Commonwealth Avenue, Boston, MA L. 89-651; 80 Stat. 897) and the 02215. Instrument: Electron Microscope, determination as to whether lightweight polyester filament fabrics from Japan regulations issued pursuant thereto (15 EM 410LS and Accessories. have occurred at less than fair value, CFR 301 as amended by 47 FR 32517). Manufacturer N. V. Philips, The until not later than December 21,1983. Interested persons may present their Netherlands. Intended use of instrument: views with respect to the question of The instrument is intended to be used EFFECTIVE DATE: September 27,1983. whether an instrument or apparatus of for studies of thin sections of biological FOR FURTHER INFORMATION CONTACT: equivalent scientific value for the tissues in a research project with the Charles E. Wilson, Office of purposes for which the instrument is objective of understanding endocrine Investigations, Import Administration, intended to be used is being secretion. Application received by International Trade Administration, U.S. manufactured in the United States. Commissioner of. Customs: September Department of Commerce, 14th Street Comments must be filed in 14,1983. and Constitution Avenue NW„ accordance with Subsections 301.5(a) (3) Docket No: 83-307. Applicant: Washington, D.C. 20230, Telephone (202) and (4) of the regulations. They are to be Hillcrest Baptist Medical Center, 377-5288. filed in triplicate with the Director, Department of Pathology, 3000 Herring SUPPLEMENTARY INFORMATION: On Statutory Import Programs Staff, U.S. Avenue, Waco, TX 76708. Instrument: January 24,1983, the Department of Department of Commerce, Washington, Electreon Microscope, EM 109 and Commerce published a notice in the D.C. 20230, within 20 calendar days after Accessories. Manufacturer: Carl Zeiss, Federal Register (48 FR. 3797) that it was the date on which this notice of West Germany. Intended use of initiating under section 732(b) of the Act application is published in the Federal Register. instrument: The instrument is intended (19 U.S.C. 1673a(b)), an antidumping investigation to determine whether A copy of each application is on file in to be used to examine biological lightweight polyester filament fabrics the Department of Commerce, and may material including human tissue, body from Japan were being, or were likely to be examined between 8:30 a.m. and 5:00 fluids, cytology specimens and be, sold at less than fair value. The P m., Monday through Friday, Room microbiological material, i.e. bacteria, Department published an affirmative 1523,14th and Constitution Avenue, viruses, fungi and chlamydiae. The preliminary determination on August 8, NW„ Washington, D.C. 20230. ultrastructural properties of the above 1983 (48 FR. 35976). The notice stated Docket No.: 83-298. Applicant: materials will be studied and correlated that if this investigation proceeded University of Notre Dame, Radiation with other investigative procedures. normally we would make a final Laboratory, Notre Dame, IN 46556. Applications received by Commissioner determination by October 17,1983. Instrument: EMG102E Excimer Multi- of Customs: September 14,1983 Section 735(a)(2)(A) of the Act provides 44100 Federal Register / Voi. 48, No. 188 / Tuesday, September 27, 1983 / Notice^ that the Department may postpone its SUPPLEMENTARY INFORMATION: shipments of any other manufacturer final determination concerning sales at iBackground during the current or, if necessary, the most recent review period (see 47 FR less than fair value if exporters who The Department of Commerce 8578,13023). account for a significant portion of the published in the Federal Register on merchandise which is the subject of the June 5,1981 (46 FR 30163-7) the final During the review period these two investigation request an extension after results of its initial administrative manufacturers transferred 35 television an affirmative preliminary review of the antidumping finding receiver units to unrelated U.S. parties determination. concerning television receiving sets from as samples or for testing purposes. Wfe Accordingly, the Department will Japan (36 FR 4597, March.10,1971). We have determined the margins on these issue a final determination in this case published in the Federal Register on sets in the manner described above. not later than December 21,1983. August 18,1983 (48 FR 37506-7) the Preliminary Results of the Review preliminary results of the second Postponement of Hearing administrative review for 21 firms. We We preliminarily determine that for The hearing on this case has been are now publishing the preliminary the period from April 1,1981 through rescheduled for November 1,1983 at results of the third administrative March 31,1982, the following margins 10:00 a.m. in room 6802 of the Commerce review for two of those firms, Hitachi, exist: Hitachi, Ltd.—0.16 percent and Department, 14th Street and Ltd. and Toshiba Corporation. Toshiba Corporation—0. Constitution Avenue NW., Washington, Scope of the Review Interested parties may submit written D.C. 20230. The pre-hearing briefs will comments on these preliminary results be due October 25,1983. Imports covered by the review are shipments of television receiving sets, within 30 days of the date of publication This notice is published pursuant to of this notice and may request section 735(d) of the Act. monochrome and color, from Japan. Television receiving sets include, but are disclosure and/or a hearing within 10 Alan F. Holmer, not limited to, units known as projection days of the date of publication. Any Deputy Assistant Secretary for Import televisions, receiver monitors, and kits hearing, if requested, will be Administration. (containing all the parts necessary to incorporated with the hearing scheduled September 16,1983. receive a broadcast television signal for October 5, 6, and 7,1983, on the [FR Doc. 83-26320 Filed »-26-83; 8:45 am) and produce a video image). Not preliminary results of our second BILLING CODE 3510-25-M included are monitors (not capable of administrative review and tentative receiving a broadcast television signal), determination to revoke in part ' certain combination units (combinations published in the Federal Register on [A-588-015] of television receivers with other August 18,1983. Any request for an electrical entertainment components administrative protective order must be Television Receiving Sets, such as tape recorders, radio receivers, made no later than 5 days after the date Monochrome and Color, From Japan; etc.), and sub-assemblies not containing Preliminary Results of Administrative of publication. The Department will the components essential for receiving a Review of Antidumping Finding publish the final results of the broadcast television signal and administrative review'including the A G E N C Y : International Trade producing a video image. results of its analysis of any such Administration, Commerce. This review covers two Japanese comments or hearing. The Department firms, Hitachi, Ltd. and Toshiba will issue appraisement instructions on A C T IO N : Notice of preliminary results of Corporation, and the period April 1,1981 each exporter directly to the Customs administrative review of antidumping through March 31,1982. Neither firm had Service. finding. commercial shipments during this The Department will waive the cash review period. S U M M A R Y : The Department of Where there are no commercial deposit of estimated antidumping duties, Commerce has conducted an shipments of a particular model, and as provided for- by 1353.48(b) of the administrative review of the where the non-commercial shipments Commerce Regulations, for Hitachi since antidumping finding on television oonsist of a very small number of sets, the margins for this firm are de minimis. receiving sets from Japan. The review the Department may have to rely on the This waiver will be effective for all covers two Japanese manufacturers of best information available, which is shipments of Japanese television this merchandise, Hitachi, Ltd. and information other than specific price receiving sets from Hitachi entered, or Toshiba Corporation, and the period and/or cost data, in calculating the withdrawn from warehouse, for April 1,1981 through March 31,1982. dumping margins. For assessment consumption on or after the date of The review indicates the existence of d e purposes the Department will use the publication of the final results of this m inim is weighted-average margins for weighted-average margin on the same administrative review. Hitachi, Ltd. manufacturer’s commercial shipments of This administrative review and notice Interested parties are invited to all models during the current review are in accordance with section 751(a)(1) comment on these preliminary results. period or, if the manufacturer had no of the Tariff Act (19 U.S.C. 1675(a)(1)) EFFECTIVE DATE: September 27,1983. commercial shipments during that and § 353.53 of the Commerce period, during the most recent review Regulations (19 CFR 353.53). FOR FURTHER INFORMATION CONTACT: period in which such shipments Michael A. Hudak, Stephen F. Munroe occurred. If there were no commercial September 21,1983. or David R. Chapman, Office of shipments during prior review periods, Alan F. Holmer, compliance, International Trade the Department will apply to such non­ Deputy AiSsistant Secretary for Import administration, U.S. Department of commercial shipments during the Administrtion. ' r n ; -s . Commerce, Washington, D.C. 20230, current period the highest weighted- ¡FR Doc. 83-26290 Filed 9-26-83; 8:45 am] telephone: (202) 377-2923. average margin for commercial BILLING CODE 3510-25-M Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices 44101

[A-588-015] will apply to entries of this merchandise respect to Hitachi, Ltd. and Toshiba Television Receiving Sets, produced and sold by these 2 firms and Corporation. Monochrome and Color, From Japan; entered, or withdrawn from warehouse, During the review the Department Tentative Determination To Revoke in for consumption on or after the date of received applications from both Hitachi, Part Antidumping Finding publication of this notice. Ltd. and Tochiba Corporation requesting In evaluating the requests for revocation of the finding pursuant to A G EN C Y: International Trade tentative revocations, we have reviewed Administration, Commerce. § 353.54(b) of the Commerce a large volume of data including: (1) Regulations. a c t io n : Notice of tentative Information on recent Japanese Both firms requested revocation on determination to revoke in part domestic television production and the basis of all sales at not less than fair antidumping finding. investment; (2) current pricing trends for value, or only d e m inim is weighted- U.S. imports of Japanese television S U M M A R Y : The Department of average margins, during the period April receiving sets; (3) European Commerce has tentatively determined to 1,1979 through March 31,1980, and no Communities’ market restrictions on the revoke the antidumping finding on commercial shipments of the importation of such sets; (4) the television receiving sets, monochrome merchandise during the period April 1, emergence of Taiwan and Korea as and color, from Japan with respect to 1980 through March 31,1982. These firms significant television set producers and two manufacturers. exporters, with the consequent impact also submitted the agreements provided for by § 353.54(e) of the Commerce EFFECTIVE DATE: September 27,1983. on prices in international markets. This Regulations. FOR FURTHER INFORMATION CONTACT: information is disturbing. However, both Michael A. Hudak, Stephen F. Munroe companies have met the minimum The Department does not consider or David R. Chapman, Office of requirements for our publishing this non-comnfercial disposals (gifts, Compliance, International Trade tentative determination to revoke in samples, etc.) shipments for purposes of Administration, U.S. Department of part. We intend to continue evaluating determining whether revocation is Commerce, Washington, D.C. 20230, such factors in making any decisions in warranted under § 353.54 of the telephone: (202) 377-2923. the future on these tentative Commerce Regulations (see 47 FR 13022, SUPPLEMENTARY INFORMATION: determinations. The decision to revoke March 26,1982). We have found that Hitachi and Toshiba had no shipments, Tentative Determination tentatively should not be understood as any indication of the final decision of for purposes of possible revocation, for We hereby publish notice of the the Department on revocation. Thrft the period April 1,1980 through March Department’s intent to revoke decision will be reached only after the 31,1982 and previously determined that tentatively the antidumping finding on most careful consideration of relevant both firms made all sales at not less television receiving sets from Japan with information. than fair value o? had only d e m inim is regard to Hitachi, Ltd. and Toshiba Interested parties may submit written weighted-average margins, during the Corporation. comments on this tentative period April 1,1979 through March 31, The Department, by regulation, determination to revoke in part within 1980. Therefore, we tentatively provides two stages for a revocation 30 days of the date of publication of this determine to revoke this finding with proceeding. The first stage is tentative notice and may request disclosure and/ respect to importations of television revocation, which merely announces or a hearing within 10 days of the date receiving sets manufactured and sold by that the Department is considering a of publication. Any hearing, if requested, Hitachi, Ltd. and Toshiba Corporation. revocation and gives all parties and the will be incorporated with the hearing This tentative determination to revoke public an opportunity to submit scheduled for October 5, 6, and 7,1983, in part is in accordance with section comments and evidence either in writing on the preliminary results of our second 751(c) of the Tariff Act (19 U.S.C. or at a hearing. The tentative revocation administrative review and tentative 1675(c)) and § 353.54 of the Commerce serves no additional purpose except to determination to revoke in part Regulations (19 CFR 353.54). set the effective date for the entries published in the Federal Register on Alan F. Holmer, which Will be covered if a final August 18,1983. Any request for an Deputy Assistant Secretary for Import revocation is eventually approved. administrative protective order must be Administration. The second stage is either: (1) Final made no later than 5 days after the date September 21,1983. revocation, which lifts the finding and of publication. The Department will (FR Doc. 83-26289 Filed 9-26-83; 8:45 am] permits entry of the previously covered publish the results of its analysis of any BILLING CODE 3510-25-M product without the restrictions of a comments received in writing or at a finding, or (2) withdrawal of the hearing on this tentative determination National Oceanic and Atmospheric tentative revocation, which leaves the to revoke in part. finding in place. A final revocation Administration Background would not occur until the Department Mid-Atlantic Fishery Management satisfied itself that (1) all Japanese The Department published in the Council, Public Meetings television receiving sets from these Federal Register on June 5,1981 (46 FR firms entered up to the date of this 30163-7) the final results of its initial a g e n c y : National Marine Fisheries notice were sold at not less than fair administrative review of the Service, Commerce. value an d (2) there is no likelihood of antidumping finding concerning S U M M A R Y : The Mid-Atlantic Fishery resumption of sales at less than fair television receiving sets from Japan (36 Management Council, established by value by these firms. FR 4597, March 10,1971). We published section 302 of the Magnuson Fishery A final revocation for these firms preliminary results for the second Conservation and Management Act could not be issued until administrative administrative review in the Federal (Pub. L. 94-265, as amended), will hold reviews had been completed on imports Register on August 18,1983 (48 FR public meetings. The Council will of television receiving sets from April 1, 37506-7). In addition, we are separately discuss the Bluefish Fishery 1982 through the date of this notice. If announcing the preliminary results of Management Plan (FMP); surf clam/ this revocation in part is made final it the third administrative review with ocean quahog quotas for 1984; joint 4 4102 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices ventures; status of other FMPs; and that disclosure is made pursuant to a DEPARTMENT OF DEFENSE discuss other fishery management and “routine use” 1 which the agency has administrative matters. The Council adopted.2 Pursuant to this authority, the Office of the Secretary may also convene a closed session, if Commission h6s established eight Public Information Collection necessary, to discuss personnel matters. routine uses that apply to each of its Requirement Submitted to 0M 8 for The agenda for the meetings may be systems of records 3 and a ninth routine Review rearranged or changed or the meetings use applying solely to the Commission’s may be lengthened or shortened two systems of records that contain The Department of Defense has depending upon progress on the agenda registration applications and related submitted to OMB for review the items. information, CFTC-12 (“Fitness following proposal for the collection of D A T E S : The public meetings will Investigations”) and CFTC-20 information under the provisions of the convene on October 12,1983, at (“Registration of Futures Commission Paperwork Reduction Act (44 U.S.C. approximately 9:30 a.m., and will Merchants, Floor Brokers, Associated Chapter 35). Each entry contains the adjourn on October 13,1983, at Persons, Commodity Trading Advisors, following information: (1) Type of approximately 3 p.m„ and will take Commodity Pool Operators and Submission; (2) Title of Information place at the Best Western Airport Inn, Introducing Brokers.”)4 Philadelphia International Airport, Collection and Form Number, if In a Federal Register release Philadelphia, Pennsylvania. applicable; (3) Abstract statement of the published on July 8,1983,48 FR 31446, need for and the uses to be made of the FOR FURTHER INFORMATION CONTACT: the Commission announced a proposal information collected; (4) Type of Mid-Atlantic Fishery Management to amend'its limited routine use which Respondent; (5) An estimate of the total Council, Room 2115, Federal Building, now permits the Commission to disclose 300 South New Street, Dover, Delaware number of hours needed to provide the information contained in CFTC-12 and 19901, Telephone: (302) 674-2331. information (7) To whom comments CFTC-20 in connection with the Dated: September 20,1983. regarding the information collection are certification by a futures commission Carmen J. Blondin, to be forwarded and; (8) The point of merchant of an application for contact from whom a copy of the Deputy Assistant Administrator for Fisheries registration of an associated person. As Resource Management, National Marine information proposal may be obtained. Fisheries Service. amended, the limited routine use will allow the disclosure of information Existing (FR Doc. 83-26316 Filed »-26-83; 8:45 am) contained in the two systems of records BILLING CODE 3510-26-M Industrial Security Inspection Report to any person with whom an applicant or registrant is or plans to be associated The Defense Investigative Service COMMODITY FUTURES TRADING as an associated person or affiliated as (DIS) uses the Inspection Report to COMMISSION a principal. assist in arriving at a determination that The comment period for this proposal DoD contractors participating in the Privacy Act of 1974; New Routine Use closed on August 8,1983; no comments Defense Industrial Security Program are A G E N C Y : Commodity Futures Trading were received. Accordingly, the adequately safeguarding classified Commission. Commission has determined to revise information. The report is completed in its entirety by DoD industrial security A C T IO N : Amendment of routine use the limited routine use, applicable solely representatives at their official duty established under the Privacy Act of to CFTC-12 and CFTC-20, to read as 1974.______follows: station to reflect results of individual inspections of contractor’s security S U M M A R Y : The Commodity Futures ♦ * * i t # programs. Trading Commission (“Commission") Information contained in this system of Contractor facilities inspection: 12,285; has amended a limited routine use records may be disclosed by the Commission 91,161 hours. to any person with whom an applicant or established by the Commission pursuant Forward comments to Edward registrant is or plans to be associated as an to the Privacy Act of 1974 to allow for Springer, OMB Desk Office, Room 3235 the disclosure of information contained associated person or affiliated as a principal. NEOB, Washington, DC 20503 and John in two of its systems of records, CFTG- Issued in Washington, D.C. on September V. Wenderoth, DoD Clearance Officer, 12 and CFTC-20, to any person with 21,1983 by the Commission. OASD(C), DIRMS, IRAD, Room 1A658. whom an applicant or registrant is or plans to be associated as an associated Jane K. Stuckey, Pentagon, Washington, DC 20301, person or affiliated as a principal. Secretary of the Commission. telephone (202) 697-1195. A copy of the information proposal e f f e c t iv e d a t e : The new routine use is (FR Doc. 83-26248 Filed »-26-83; 8:45 am] may be obtained from William E. effective on September 27,1983. BILLING CODE 63 5 1 -0 t-M FOR FURTHER INFORMATION CONTACT: Stemple, DIS Industrial Security Programs Division, Room 5333,1900 Half Patricia N. Gillman, Special Counsel, 1 The Privacy Act defines the term “routine use” Division of Trading and Markets, 2033 K to mean, with respect to the disclosure of a record, Street, SW, Washington, DC 20324, Street, NW., Washington, D.C. 20581. “the use of such record for a purpose compatible telephone (202) 693-1264. with the purpose for which it was collected." 5 Telephone: (202) 254-8955. U.S.C. 552a(a)(7). M. S. Healy, SUPPLEMENTARY INFORMATION: While *5 U.S.C. 552a(b){3). OSD Federal Register Liaison Officer, generally restricting an agency’s * * These routine uses were most recently published Department of Defense. dissemination of information about an in conjunction with the annual notice of the existence and character of systems of records September 22,1983. individual, the Privacy Act, 7 U.S.C. maintained by the Commission. 47 FR 43759.43760- 552a, does authorize the disclosure of 61 (October 4.1982). (FR Doc. 83-36318 Filed 9-26-83; 8:45 am( records containing such information if 4 Id. at 43786. 43771. BILLING CODE 3810-01-M ££deraLRegster_/jy°l. 48, No. 188 / Tuesday, September 27, 1983 / Notices 44103

Defense Science Board; Advisory concerns matters listed in 5 U.S.C. Committee Meeting b. Levee-W all Plan. This plan would 552b(c) (19 (1976), and that accordingly include almost 3.5 miles of combination The Defense Science Board will meet these meetings will be closed to the levee and wall along the Scioto River to in closed session on October 26-27, public. supplement existing protection furnished 1983, in the Pentagon, Arlington, M. S. Healy, by a wall, and railroad and highway Virginia. OSD Federal Register Liaison Officer, embankments surrounding the area to The mission of the Defense Science Washington Headquarters Service, be protected. Department o f Defense. Board is to advise the Secretary of c. South Levee-W all Plan. This plan Defense and the Under Secretary of [FR Doc. «3-26262 Filed 9-26-83; 8:45 am] would include the plan as discussed in Defense for Research and Engineering BILLING CODE 3810-01-M paragraph b with an additional on scientific and technical matters as combination levee-wall around an area they affect the perceived needs of the Department of the Air Force south of plan b. This additional length Department of Defense. would be 13,500 feet. At the meeting on October 26-27, USAF Scientific Advisory Board; 3. Public meetings, workshops, widely 1983, the Board will discuss interim Meeting distributed public announcements, and findings and tentative recommendations close cooperation with local agencies resulting from ongoing Task Force September 20,1983. and persons, and State and Federal activities associated with Strategic, The USAF Scientific Advisory Board agencies were and will continue to be Tactical, Intelligence/Command, Ad Hoc Committee on Orbital Debris significant to the scoping process. A Control and Communications, and will meet in the Pentagon, Washington, joint public meeting was held by the Technology Issues. The Board will also D C. on October 18 and 19,1983 from Huntington District Corps of Engineers discuss plans for future consideration of 9:00 a.m. to 5:00 p.m. each day. The and the Ohio Department of Natural scientific and technical aspects of purpose of the meeting will be to Resources at the Arts and Crafts specific strategies, tactics, and policies evaluate the orbital debris and crowding Building, State Fair Grounds, in as they may affect the U.S. national problems and recommend a course of Columbus, Ohio, on 25 May 1971, which defense posture. action for the Air Force to alleviate the initiated the Central Ohio Survey Study. In accordance with Section 10(d) of problem. The briefings and discussions Interested parties were afforded an the Federal Advisory Committee Act, will be classified. opportunity to express their views and Pub. L. No. 92-463, as amended (5 U.S.C. The meeting concerns matters listed opinions concerning the study. App. I, (1976)), it has been determined in Section 552b(c) of Title 5, United Approximately 140 persons attended the that this DSB Task Force meeting States Code, specifically subparagraph meeting, some expressing a desire for concerns matters listed in 5 U.S.C. (1) thereof, and will be closed to the flood control in the West Columbus 552b(c)(l) (1976), and that accordingly public. area. A coordination meeting was held these meetings will be closed to the For further information contact the with the Ohio Department of Natural public. Scientific Advisory Board Secretariat at resources (ODNR) and the Soil M. S. Healy, (202)697-4811. Conservation Service (SCS) in May 1975 OSD Federal Register Liaison Officer, Winnibel F. Holmes, concerning the Central Ohio Water Washington Headquarters Service, Air Force Federal Register Liaison Officer. Resource Planning Activities. A Department o f Defense. [FR Doc. 83-26228 Filed 9-26-83; 8:45 am] preliminary list of Central Ohio [FR Doc. 83-26261 Filed 9-26-83; 8:45 am] BILLING CODE 3910-01-M communities with significant BILLING CODE 3810-01-M * concentration of flood damages were distributed and discussed. On 30 June Department of the Army 1975, a contract was. awarded to an A/E Defense Science Board Task Force on Intent To Prepare a Draft Firm to investigate flood problems at Long Endurance Aircraft; Advisory several localities in the Central Ohio Committee Meeting Environmental Impact Statement (DEIS); Flooding Problems in West area which included West Columbus. Several meetings were held with the The Defense Science Board Task Columbus, Franklin County, Ohio Force on Long Endurance Aircraft (LEA) Central Ohio Water Planning Advisory will meet in closed session on October a g e n c y : U.S. Army Corps of Engineers, Council (COWPAC) for the preparation DoD. 20,1983 in the Pentagon, Arlington, of comprehensive plans for the Virginia. A C T IO N : Notice of Intent to Prepare a development, use, and protection of The mission of the Defense Science Draft Environmental Impact Statement Ohio’s water resources. A coordination Board is to advise the Secretary of (DEIS). meeting was held with ODNR in August Defense and the Under Secretary of 1976 concerning the results of the s u m m a r y : 1. The alternatives to be Defense for Research and Engineering preliminary studies of a local protection considered and presented in a draft scientific and technical matters as project in the West Columbus, Ohio on feasibility report (Survey Report) and they affect the perceived needs of the area. Following the development of the DEIS are formulated to alleviate the Department of Defense. draft report and DEIS and distribution flood problems and other water At the meeting on October 20,1983, for public review, a final public meeting resources related problems along the will be scheduled for early 1985 to the Defense Science Board Task Force west bank of the Scioto River in West on LEA will consider the mission review the evaluation of the alternatives Columbus, Franklin County, Ohio. and the tentative selected plan. potential for long endurance aircraft. 2. The alternatives presently being In accordance with Section 10(d) of Additional public involvement activities considered as a part of the West will be held as the need develops during d u^et^era^ Advisory Committee Act, Columbus Study are: the study. Pub. L. No. 92-463, as amended (5 U.S.C. a. N o A ction. Do nothing to alleviate a. In addition to the Corps of App. I, (1976)), it has been determined the water resource problems in the West that this DSB Task Force meeting Engineers, other agencies known to have Columbus, area. an active interest in the studies are the 4 41 04 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1 9 8 3 ^/^Notices^

U.S. Fish and Wildlife Service, the Ohio Time and place: 0830 hrs, Room 3092, Education, Regional Office Building—3, Department of Natural Resources, and Walter Reed Army Institute of Research, Room 5052, 7th and D Streets, SW., the U.S. Environmental Protection Washington, DC. Washigton, D.C. 20202, Telephone: (202) Proposed agenda: This meeting will be 245-2774. Agency. Other affected Federal, State, open to the public from 0830 to 0945 hrs for local agencies and other interested the administrative review and discussion of SUPPLEMENTARY INFORMATION: Grants private organizations and parties are the scientific research program on under the Vocational Education Program invited to provide suggestions, reviews, Pharmacology, Walter Reed Army Institute of for Indian Tribes and Indian and comments during the study process. Research. Attendance by the public at open Organizations generally support new sessions will be limited to space available. b. Issues to be considered in the DEIS vocational programs and supportive In accordance with the provisions set include: (1) Environmental impacts upon services on Indian reservations where forth in Section 552b(c)(6), US Code, the aquatic and terrestrial quality; (2) training opportunities have been Very Title 5 and Section 10(d) of Pub. L. 92- socio-economic impacts upon limited. Vocational education training is community cohesion and growth, 463, the meeting will be closed to the public from 1000 to 1630 hrs on October offered in a wide range of areas recreation, transportation, housing, including construction trades, heavy aesthetics, and historical and 20, for the review, discussion and evaluation of individual programs and equipment operation, business and archeological resources. clerical skills, small business c. In addition to information obtained projects conducted by the US Army Medical Research and Development management, agriculture, automotive from other agencies, the U.S. Fish and repair, and fisheries management. Most Wildlife Service is preparing Planning Command, including consideration of personnel qualifications and projects are designed to bring vocational Aid Reports which provide evaluations training to Indian populations which and recommendations to preserve, performance, the competence of individual investigators, medical files of cannot commute great distances or mitigate, and/or enhance natural individual research subjects, and similar afford to leave home to attend school. resources. This program successfully affords d. The study process and resulting items, the disclosure of which would constitute a clearly unwarranted Indian tribes and organizations DEIS will conform to the provisions of opportunities to plan, conduct, and - the National Environmental Policy Act invasion of personal privacy. Dr. Howard Noyes, Associate Director administer their own vocational of 1969 (NEPA) and all other Federal for Research Management, Walter Reed education programs, and to improve the regulations and executive orders quality and accessibility of vocational pertaining to environmental protection Army Institute of Research, Bldg 40, Room 1111, Walter Reed Army Medical education programs for Indians. which are applicable to the West Center, Washington, DC 20307 (202/576- However, the job placement rate of Columbus area. trainees under this program needs to be 4. The draft survey report and DEIS 2436) will furnish summary minutes, improved. A priority is therefore being have been initiated and no additional roster of Subcommittee members and established in order to emphasize the scoping meetings are scheduled prior to substantive program information. need to provide vocational training in distribution. However, additional Harry G. Dangerfield, skill areas that reflect the local job workshops will be conducted during this Colonel, MC, Deputy Commander. market and the tribal economic period if study findings indicate a [FR Doc. 83-26265 Filed 9-26-83; 8:45 am] development plan. significant need. BILLING CODE 3710-08-1» 5. The DEIS is scheduled for An application that meets the priority distribution to the public in December may be awarded up to 20 points. These 1984. DEPARTMENT OF EDUCATION points are in addition to any points the A D D R E S S : Questions about the potential applicant earns under the Technical actions and DEIS can be answered by: Grants for Vocational Education- Review Criteria in 34 CFR 408.211. Only Mr. Willard Hunter, Study Manager, Programs for Indian Tribes and Indian those applicants interested in receiving Huntington District, Corps of Engineers, Organizations the additional points should address the priority in their applications. Other Huntington, WV 25701, 304-529-5634. A G E N C Y : Department of Education. applicants should address only the Dated: September 20,1983. A C T IO N : Notice of final annual funding Technical Review Criteria in 34 CFR John W. Devens, priority for fiscal year 1984. 408.211. Colonel, Corps of Engineers, District A “Notice of Proposed Annual Engineer. S U M M A R Y : The Secretary announces an annual funding priority for grants for Funding Priority” was published in the [FR Doc. 83-26252 Filed »-28-83; 8:45 am] Vocational Programs for Indian Tribes Federal Register on July 5,1983 (48 FR BILLING CODE 3710-GM-M and Indian Organizations. The priority 39738) describing the proposed priority is intended to improve the job and requesting public comment. One placement rate of trainees under this letter was received in response to the program. notice. This'comment and the Army Medical Research and EFFECTIVE DATE: This priority takes Secretary’s response are summarized Development Advisory Committee; below: Partially Closed Meeting effect 45 days after publication in the Federal Register or later if Congress Comment. The commenter agreed takes certain adjournments. If you want there was a need for the priority, but In accordance with Section 10(a)(2) of to know the effective date of this urged that extra points be given to the Federal Advisory Committee Act priority, call or write the Department of applicants which describe methods for (Pub. L. 92-463), announcement is made Education contact person. encouraging women to participate in of the following Subcommittee meeting: FOR FURTHER INFORMATION CONTACT: training and placement activities. Name of Committee: United States Army David Leavitt or Harvey Thiel, Program R espon se. No change has been made. Medical Research and Development Specialists, Special Programs Branch, The Secretary encourages applicants to Advisory Committee, Subcommittee on design projects which address the needs Pharmacology. Office of Vocational and Adult Date of meeting: October 20,1983. Education, U.S. Department of of both sexes. Further, Section 75.111 of Federal Register / V ol 48, No. 188 / Tuesday, September 27, 1983 / Notices 441 05

the Education Department General Dated: September 22,1983. 83-860 for a metal complexed, Administrative Regulations (34 CFR T. H. Bell, substituted azo compound. The PMN 75.111) requires applicants to describe Secretary of Education. substance will be imported for use as a the characteristics of intended project [FR Doc. 83-26304 Filed 9-26-83: 8:45 am] textile fiber colorant. The submitter of participants and beneficiaries, including BILUNG CODE 4 000-01-M the PMN claimed its identity, the the extent to which they are members of specific chemical identity, and the traditionally underrepresented groups, import volume to be confidential such as women. This provision ENVIRONMENTAL PROTECTION AGENCY business information. Notice of receipt adequately addresses the problem of of the PMN was published in the Federal ensuring the participation of both sexes. [OPTS-42021A; TSH-FRL 2400-1] Register of July 1,1983 (48 FR 30434). Priority The original 90-day review period is Antimony Kfetal, Antimony Trioxide, scheduled to expire on September 18, The Secretary establishes a priority and Antimony Sulfide, Decision To 1983. for those applicants which demonstrate Accept Negotiated Testing Program in their applications that trainees will be EPA’s detailed analysis of the employed, upon completion of their C orrection substance described in the PMN training, in jobs related to their training. addressed the following: chemical In FR Doc. 83-24160 beginning on page analysis of the PMN substance, effects Applicants seeking additional points 39979 in the issue of Friday, September under this priority must include in their on human health, human exposure, 2,1983, make the following corrections. applications: (a) The number of import volume, degree of risk relative to 1. On page 39979, second column, available commercial substitutes, participants to be trained; (b) wherever “St^Ss” appears, please information that shows the applicant potential marketability, and the change it to read “ Sb^Ss (3 places). identification of other information which has determined that jobs related to the 2. On page 39982, second column, types of training to be conducted are may be required to resolve outstanding fourth line from the top, the FR Doc. issues. available; and (c) documentation from reading “83-2416” should read “83- As a result of this analysis, EPA has employers (which may include tribal 24160”. reason to believe the following: councils) that trainees will be employed BILLING CODE 1505-01-M in jobs and related to their training. 1. Exposure to the PMN substance Applicants may submit, as may result in carcinogenic effects. documentation of such employment, [OPTS-51473B; BH-FRL 2441-6] 2. Workers in textile dying facilities letters from employers stating their may be exposed to the PMN substance. Metal Complexed, Substituted Azo intent to employ trainees upon the 3. The general public may be exposed Compound; Premanufacture Notice completion of their training. If the tribal to the PMN substance through drinking council is to be the etnployer, the trainee Extension of Review Period water. must be employed in a job that is also a g e n c y : Environmental Protection Based on this analysis, EPA finds that related to tribal economic development. Agency (EPA). there is a possibility that the substance Based upon the information and A C T IO N : Notice. submitted for review in PMN 83-860 documentation above, applicants will be may be regulated under section 5(e) of evaluated upon the likelihood that their S U M M A R Y : EPA is extending the review TSCA. The Agency requires an project will place its trainees in jobs period for an additional 90 days for extension of the review period to further related to their training. However, no premanufacture notice (PMN) PMN 83- investigate potential health effects and points will be awarded under this 860, under the authority of section 5(c) of use conditions, to examine its regulatory priority unless the applicant the Toxic Substances Control Act options and to prepare the necessary demonstrates in its application that the (TSCA). The review period will now documents, should regulatory action be minimum percentage of its trainees will expire on December 17,1983. required. An administrative order under be so employed upon the completion of FOR FURTHER INFORMATION CONTACT: section 5(e) must be issued no later than their training. For applicants which have Rose Allison, Chemical Control Division 45 days prior to expiration of the review not previously received an award under (TS-794), Environmental Protection period. Therefore, EPA has determined this program, the minimum percentage is Agency, Rm. E-205, 401 M St., SW;, that good cause exists to extend the 50 percent of the trainees; for applicants Washington, D.C. 20460 (202-382-3735). review period for an additional 90 days, which have previously received an to December 17,1983. > award under this program, the minimum SUPPLEMENTARY INFORMATION: Under PMN 83-860 is available for public percentage is 65 percent of the trainees. section 5 of TSCA, anyone who intends inspection in Rm. E-107, at the EPA All information collection, to manufacture or import a new Headquarters, address given above, recordkeeping and reporting chemical substance for commercial from 8:00 a.m. to 4:00 p.m., Monday requirements have been approved by purposes in the United States must through Friday, except legal holidays. the Office of Management and Budget submit a PMN to EPA 90 days before under OMB approval number 1830-0013. manufacture or import begins. Under Dated: September 15,1983. section 5(c) EPA may, for good cause, (20 Ü.S.C. 2302) extend the notice period for additional Marcia E. Williams, (Catalog of Federal Domestic Assistance No. periods, not to exceed a total of 180 Acting Director, Office of Toxic Substances. 84.101, Vocational Education—Programs for days from the date of receipt. [FR Doc. 83-26273 Filed 9-26-83; 8:45 am] Indian Tribes and Indian Organizations) On June 21,1983, EPA received PMN BILLING CODE 6560-50-M 4 4106 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices^

FEDERAL COMMUNICATIONS COMMISSION 2. Pursuant to Section 309(e) of the Communications Act of 1934, as [File Nos. BPH-810630AD and BPH-820607AR; MM Docket Nos. 83-846 and 83-847] amended, the above applications have been designated for hearing in a consolidated proceeding upon issues Applications for Consolidated Hearing; Billy B. Carney and Hopkins, Hall, and whose headings are set forth below. The Associates, Inc., et. al. text of each of these issues has been standardized and is set forth in its 1. The Commission has before it the following mutually exclusive applications entirety in a sample standardized for a new FM station: Hearing Designation Order (HDO) which can be found at 48 FR 22428, May MM Docket 18,1983. The issue headings shown Applicant City/State File No. No. below correspond to issue headings contained in the referenced sample BPH-810630AD...... 83-846 HDO. The letter shown before each BPH-820607AR...... 83-847 applicant’s name, above, is used below to signify whether the issue in question applies to that particular applicant. 2. Pursuant to Section 309(e) of the 2. 307(B), A, B Issue Heading and Applicantfs) Communications Act of 1934, as 3. Contingent Comparative, A, B amended, the above applications have 4. Ultimate, A, B 1. (See Appendix), C, D been designated for hearing in a 3. If there is any non-standardized 2. Air Hazard, A D consolidated proceeding upon issues issue(s) in this proceeding, the full text 3. Comparative, A, B, C, D, E whose headings are set forth below. The of the issue and the applicant(s) to 4. Ultimate, A, B, C, D, E text of each of these issues has been which it applies are set forth in an 3. If there is any non-standardized standardized and is set forth in its Appendix to this Notice. A copy of the issue(s) in this proceeding, the full text entirety in a sample standardized complete HDO in this proceeding may of the issue and the applicant(s) to Hearing Designation Order (HDO) be obtained, by written or telephone which it applies are set forth in an which can be found at 48 FR 22428, May request, from the Mass Media Bureau’s Appendix, to this Notice. A copy of the 18,1983. The issue headings shown Contact Representative, Room 242,1919 complete HDO in this proceeding may below correspond to issue headings M Street, N.W., Washington, D.C. 20554. be obtained, by written or telephone contained in the referenced sample Telephone (202) 632-6334. request, from the Mass Media Bureau’s HDO. The letter shown before each Contact Representative, Room 242,1919 applicant’s name, above, is used below W. Jan Gay, M Street, NW., Washington, D.C. 20554. to signify whether the issue in question Assistant Chief, Audio Services Division, Telephone (202) 632-6334. applies to that particular applicant. Mass Media Bureau. W. Jan Gay, Issue Heading and applicant(s) [FR Doc. 83-26266 Filed 9-26-63; 8:45 ami Assistant Chief, Audio Services Division, 1. Financial Qualifications, B BILLING CODE 8712-01-M Mass Media Bureau.

Appendix Issue(s) 1. If a final environmental impact statement [File No. BPH-820223AA; MM Docket No. 83-848, et at] is issued with respect to C (Brown) or D (Black Star) which concludes that the Applications for Consolidated Hearing; Fox Com, Ltd., et al. proposed facilities are likely to have an adverse effect on the quality of the 1. The Commission has before it the following mutually exclusive applications environment, for a new FM station: (a) to determine whether the proposal is consistent with the National Environmental

MM Policy Act, as implemented by § 11.1301-1319 Applicant City/State Fite No. Docket of the Commission’s Rules; and No. (b) whether, in light of the evidence adduced pursuant to (a) above, the applicant Natchitoches, LA...... —....— BPH-820223AA...... 83-848 BPH-820806AE...... 83-849 is qualified to construct and operate as 83-850 BPH-820824AH______— proposed. D. Juniper Otyen Trice and Sharon Wesley, d.b.a. BPH-820825BE______83-851 Black Star Broadcasting Company. [FR Doc. 83-26268 Filed 9-26-83; 8:45 am] BPH-820825BK~. ------83-852 BILUNG CODE 6712-01-M

/ Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices 4 4 1 0 7

[File No. BPH-810825AF; MM Docket No. 83-853 e t al.] text of each of these issues has been standardized and is set forth in its Applications for Consolidated Hearing; Greater Peninsula Media, Inc., et. al. entirety in a sample standardized 1. The Commission has before it the following mutually exclusive applications Hearing Designation Order (HDO) for a new FM station: which can be found at 48 FR 22428, May 18,1983. The issue headings shown

MM below correspond to issue headings Applicant Clty/State File No. Docket contained in the referenced sample No. HDO. The letter shown before each A. Greater Peninsula Media, Inc...... M artistique, Mich...... BPH-81OftPRAF 83-853 applicant’s name, above, is used below B. Mighty-Mac Broadcasting Company...... BPH-820415RK 83-854 C. American Peakes, Ltd....»...... to signify whether the issue in question 83-855 applies to that particular applicant. Issue Heading and Applicantfs) 2. Pursuant to Section 309(e) of the Telephone (202) 632-6334. 1. Air Hazard, C Communications Act of 1934, as W. Jan Gay, 2. 307(b), All Applicants amended, the above applications have Assistant Chief, Audio Services Division, been designated for hearing in a 3. Contingent Comparative, All Applicants M ass M edia Bureau. 4. consolidated proceeding upon issues Ultimate, All Applicants Appendix whose headings are set forth below. The 3. If there is any non-standardized text of each of these issues has been Issu e(s) issue(s) in this proceeding, the full text standardized and is set forth in its 1. To determine with respect to the of the issue and the applicant(s) to entirety in a sample standardized following applicant^) whether, in light of the which it applies are set forth in an Hearing Designation Order (HDO) evidence adduced concerning the deficiency Appendix to this Notice. A copy of the set forth above in paragraph 8,‘ the which can be found at 48 FR 22428, May complete HDO in this proceeding may 18,1983. The isue headings shown below applicant(s) is financially qualified: A (Greater) be obtained, by written or telephone correspond to issue headings contained 2. If a final environmental impact statement request, from the Mass Media Bureau’s in the referenced sample HDO. The is issued with respect to B (Mighty-Mac) Contact Representative, Room 242,1919 letter shown before each applicant’s which concludes that the proposed facilities M Street, NW., Washington, D.C. 20554. name, above, is used below to signify are likely to have an adverse effect on the Telephone (202) 632-6334. whether the issue in question applies to quality of the environment, W. Jan Gay, that particular applicant. (a) to determine whether the proposal is consistent with the National Environmental Assistant Chief, Audio Services Division, M ass M edia Burea u. Issue Heading and Applicantfs) Policy Act, as implemented by §§ 1.1303-1319 of the Commission’s Rules; and [FR Doc. 83-26269 Filed 9-16-83; 8:45 am] 1. See Appendix, A (b) whether, in light of the evidence 2. See Appendix, B BILUNG CODE 6712- 01-M adduced pursuant to (a) above, the applicant 3. 307 (b), All applicants is qualified to construct and operate as 4. Contingent comparative, All applicants proposed. 5. Ultimate, All applicants Technical Subgroup of Radio Advisory [FR Doc. 83-26267 Filed 9 - 2 6 ^ ; 8:45 am] Committee; Resumed Meeting 3. If there is any non-standardized BILLING CODE 6712- 01-M issue(s) in this proceeding, the full text The Technical Subgroup of the of the issue and the applicant(s) to 1 Paragraph 8 reads as follows: Advisory Committee on Radio which it applies are set forth in an The material submitted by the applicant(s) below Broadcasting resumes its continuing does not demonstrate its financial qualifications. Appendix to this Notice. A copy of the Accordingly, an issue will be specified concerning meeting Thursday October 20,1983 at 10 complete HDO in this proceeding may the following deficiency: a.m. in the Vincent Wasilewski Room of be obtained, by written or telephone Applicantfs) and Deficiency.—A (Greater): the National Association of request, from the Mass Media Bureau’s Applicant requires $375,168 for the first 3 months Broadcasters, 1771 N Street NW., Contact Representative Room 242,1919 operation and construction costs. It has not Washington, D.C. submitted any documentation that this amount is M Street, NW., Washington, D.C. 20554. available. The Subgroup will continué its consideration of recommendations to the Federal Communications [File No. BPH-820331AH; MM Docket No. 83-843, e t al.] Commission concerning matters pertinent to the ongoing U.S.-Canadian Applications for Consolidated Hearing; Ruarch Associates, et. al. discussions on the drafting of a new bilateral AM agreement which, it is 1. The Commission has before it the following mutually exclusive applications expected, will replace the North for a new FM station: American Regional Broadcasting Agreement (NABA). MM Applicant City/State File No. Docket The Subgroup will also discuss similar No. bilateral discussions which have started

A. Arthur D. Stamlerand Virginia I. Stamler, d.b.a. Woodstock, Va...... RPH-ftpnas1ah 83-843 with Mexico, looking toward post-Rio Ruarch Associates. revision of the U.S.-Mexico AM B. Woodstock Broadcasting, Inc...... BPH-820907AE 83-844 Agreement. C. Ail Kountry Music Broadcasters, A Partnership... Edinburg, Va...... BPH-820908AH...... 83-845 The meeting, a continuing one, will be resumed after the October 20,1983 ^ 2. Pursuant to Section 309(e) of the been designated for hearing in a session at such time and place as is Communications Act of 1934, as consolidated proceeding upon issues decided at that session. It is open for amended, the above applications have whose headings are set forth below. The participation by all interested persons. 4 41 08 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices

For further information, please call the of Arizona (FEMA-686-DR), dated July (Catalog a t Federal Domestic Assistance No. Subgroup Chairman, Mr. Wallace E. 1,1983, and related determinations. 83.516, Disaster Assistance.) ' Dave McLoughlin, Johnson, at (703) 841-0500. G A T E D : September 16,1983. Deputy Associate Director, State and Local W illiam J. Tricarico, FOR FURTHER INFORMATION CONTACT: Programs and Support, Federal Emergency Secretary, Federal Communications Management Agency. Commission. Sewall H. E. Johnson, Disaster Assistance Programs, Federal [FR Doc. 83-28295 Filed 9-28-83; 8:45 am] [FR Doc. 83-26270 Filed »-26-83; 8:45 am] Emergency Management Agency, BiLUNG CODE «71S-02-M BILLING CODE «712-01-« Washington, D.C. 20472 (202) 287-0501.

Notice [FEMA-689-DR] Telecommunications industry Advisory Group, Plant Accounts The notice of a major disaster for the Texas; Amendment to Major-Disaster Subcommittee; Meeting State of California dated July 1,1983, is Declaration hereby amended to include the Pursuant to Section 10(a)(2) of the following area among those areas A G E N C Y : Federal Emergency Federal Advisory Committee (Pub. L. 92- determined to have been adversely Management Agency. 463), notice is hereby given of a meeting affected by the catastrophe declared a a c t io n : Notice. of the Telecommunications Industry major disaster by the President in his Group (TIAG) Plant Accounts S U M M A R Y : This notice amends the declaration of July 1,1983. Subcommittee scheduled to meet on Notice of a major disaster for the State Thursday and Friday, October 13 and 14, La Paz, Mohave and Yuma Counties for of Texas (FEMA-689-DR), dated August 1983. The meeting will begin on October Public Assistance for eligible costs resulting 19,1983, and related determinations. from high waters and flooding from the 13 at 10:00 a.m. in the offices of AT&T, D A T E D : September 19,1983. Conference Room F located at 1120 20th Colorado River. FOR FURTHER INFORMATION CONTACT: Street, NW., Washington, D.C., and will (Catalog of Federal Domestic Assistance No. Sewall H. E. Johnson, Disaster be open to the public. The agenda is as 83.516, Disaster Assistance) Assistance Programs, Federal follows: Dave McLoughlin, Emergency Management Agency, I. General Administrative Matters Deputy Associate Director, State and Local Washington, D.C. 20472 (202) 287-0501. II. Review of Minutes of Previous Meeting Programs and Support, Federal Emergency III. Report by Subcommittee Members Management Agency. Notice IV. Discussion of Definitions of Plant (FR Doc. 83-28298 Filed 9-26-83; 8:45 am] The notice of a major disaster for the Accounts BILUNG CODE 6718-02-14 State of Texas dated August 19,1983, is V. Further Assignments VI. Other Business hereby amended to include the VII. Presentation of Oral Statements following area among those areas VIII. Adjournment [FEMA-687-DR] determined to have been adversely affected by the catastrophe declared a With prior approval of Subcommittee California; Amendment to Major- major disaster by the President in his Chairman Gyles Norwood, oral Disaster Declaration declaration of August 19,1983. statements, while not favored or For Public Assistance to local governments encouraged, may be allowed at the a g e n c y : Federal Emergency only: Fort Bend, Liberty, Montgomery and meeting if time permits and if the Management Agency. Chairman determines that an oral San Jacinto Counties. presentation is conducive to the a c t io n : Notice. (Catalog of Federal Domestic Assistance No. effective attainment of Subcommittee 83.516, Disaster Assistance) s u m m a r y : This notice amends the objectives. Anyone not a member of the Dave McLoughlin, Notice of a major disaster for the State Subcommittee and wishing to make an Deputy Associate Director, State and Local of California (FEMA-687-DR), dated oral presentation should contact Mr. Programs and Support, Federal Emergency July 1,1983, and related determinations. Norwood (703/486-4168) at least five Management Agency. days prior to the meeting date. D A T E D : September 16,1983. [FR Doc. 83-28298 Filed 9-28-83; 8:45 am] BILLING CODE 6718-02-44 William J. Tricarico, FOR FURTHER INFORMATION CONTACT: Secretary, Federal Communications Sewall H. E. Johnson, Disaster Commission. Assistance Programs, Federal National Emergency Training Center, [FR Doc. 83-28271 Filed 9-28-83; 8:45 am] Emergency Management Agency, Board of Visitors for the National Fire BILLING COOE «712-01-« Washington, D.C. 20472, (202) 287-0501. Academy; Open Meeting Notice In accordance with Section 10(a)(2) of FEDERAL EMERGENCY The notice of a major disaster for the the Federal Advisory Committee Act MANAGEMENT AGENCY State of California dated July 1,1983, is (Pub. L. 92-463), announcement is made of the following committee meeting: [FEMA-686-DR] hereby amended to include the following area among those areas Name: Board of Visitors (BOV) for the Arizona; Amendment to Major-Disaster determined to have been adversely National Fire Academy (NFA). Declaration affected by the catastrophe declared a Dates of Meeting: October 17-18,1963. major disaster by the President in his Place: National Fire Academy, Emmitsburg. A G E N C Y : Federal Emergency declaration of July 1,1983. MD. Management Agency. Time: 9:00 a.m. to 5:00 p.m. Imperial, Riverside and San Bernardino Proposed agenda: October 17-18: Approval a c t io n : Notice. Counties for Public Assistance for eligible of Minutes: Old Business—BOV Annual S U M M A R Y : This notice amends the costs resulting from high waters and flooding Report, NFA Instructional Support, Visitation Notice of a major disaster for the State from the Colorado River. to NFA Classes; New Business—NFA/U.S. Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices 441 09

Fire Administration/NationaJ Bureau of Notice Standards Interface. the Homestead City Hall, Homestead, In support of the Federal requirement Florida. The meeting will be open to the public for emergency response plans, FEMA Dated: Septem ber 14,1983. with approximately 20 seats available has a Rule describing its procedures for Major P. May, on a first-come, first-serve basis. review and approval of State and local Members of th

FEDERAL RESERVE SYSTEM application must be received not later comment that requests a hearing must than October 21,1983. include a statement of the reasons a Agency Information Collection, C. Federal Reserve Bank of St. Louis written presentation would not suffice in Activities Under OMB Review; (Delmer P. Weisz, Vice President) 411 lieu of a hearing identifying specifically Correction Locust Street, St. Louis, Missouri 63166: a n y questions of fact that are in dispute, 1. Bancshares of Eastern Arkansas, summarizing the evidence that would be This notice corrects a previous Inc., Forrest City, Arkansas; to become a presetted at a hearing, and indicating Federal Register document (FR Doc. No. bank holding company by acquiring at how’the party commenting would be 83-24965), published at page 41243 of the least 80 percent of the voting shares of aggrieved by approval of that proposal. issue for Wednesday, September 14, First National Bank of Eastern The applications may be inspected at 1983. Agency confidentiality is Arkansas, Forrest City, Arkansas. the offices of the Board of Governors or promised. Comments on this application must be at the Federal Reverve Bank indicated. Board of Governors of the Federal Reserve received not later than October 21,1983. Comments and requests for hearing System, September 21,1983. 2. CNB Bancshares, Inc., Evansville, should identify clearly the specific James McAfee, Indiana; to become a bank holding application to which they relate, and Associate Secretary of the Board. company by acquiring 100 percent of the should be submitted in writing and voting shares of the successor by merger received by the appropriate Federal [FR Doc. 83-26222 Filed 9-26-83; 8:45 am] to The Citizens National Bank of BILLING CODE 6210-01-M Reserve Bank not later than the date Evansville, Evansville, Indiana. indicated. Comments on this application must be A. Federal Reserve Bank of New York Formation of Bank Holding received not later than October 21,1983. (A. Marshall Puckett, Vice President) 33 Companies; F. Deposit Corp., et al. D. Board of Governors of the Federal Liberty Street, New York, New York Reserve System (William W. Wiles, 10045: The companies listed in this notice Secretary) Washington, D.C. 20551: t. Citicorp, New York, New York have applied for the Board’s approval 1 . Marshall Bancshares, Inc., (consumer finance and credit-related under section 3(a)(1) of the Bank Marshall, Oklahoma; to become a bank insurance activities; Tennessee): To holding company by acquiring 80 Holding Company Act (12 U.S.C. establish a de novo office of a de novo percent or more of the voting shares of 1842(a)(1)) to become bank holding subsidary to be known as Citicorp Bank of Marshall, Marshall, Oklahoma. companies by acquiring voting shares or Financial Services Corporation, and a de This application may be inspected at the assets of a bank. The factors that are novo office of Citicorp Homeowners, offices of the Board of Governors or the considered in acting on the applications Inc. at a shared location in Knoxville, Federal Reserve Bank of Kansas City. are set forth in section 3(c) of the Act (12 Tennessee. The de novo office of Comments on this application must be U.S.C. 1842(c)). Citicorp financial Services Corporation received not later than October 21,1983. Each application may be inspected at proposes to engage in operating as an the offices of the Board of Governors, or Board of Governors of the Federal Reserve office of an industrial loan company in at the Federal Reserve Bank indicated System, September 211983. the manner authorized by Tennessee for that application. With respect to James McAfee, law, including the following activities: each application, interested persons Associate Secretary o f the Board. the making or acquiring of loans and may express their views in writing to the [FR Doc. 83-26223 Filed 9-26-83; 8:45 am] other extensions of credit, secured or address indicated for that application. BILLING CODE 6210-01-M unsecured, for consumer and other Any comment on an application that purposes; the sale of credit related life requests a hearing must include a and accident and health insurance by statement of why a written presentation Bank Holding Companies; Proposed licensed agents or brokers, as required; would not suffice in lieu of a hearing, De Nova Nonbank Activities; Citicorp, the issuing or thrift certificates and thrift identifying specifically any questions of e ta l. passbook certificates; the sale at retail fact that are in dispute and summarizing The organizations identified in this of money orders, travelers checks, and the evidence that would be presented at notice have applied, pursuant to section consumer oriented financial a hearing. 4(c)(8) of the Bank Holding Company management courses; the servicing, for A. Federal Reserve Bank of Cleveland Act (12 U.S.C. 1843(c)(8)) and any person, of loans and other (Lee S. Adams, Vice President) 1455 East §225.4(b)(1)), for permission to engage extensions of credit; the making, Sixth Street, Cleveland, Ohio 44101: de novo (or continue to engage in an acquiring, and servicing, for its own 1. F. Deposit Corporation, activity earlier commenced de novo), account and for the account of others, of Flemingsburg, Kentucky; to become a directly or indirectly, solely in the extensions of credit to individuals bank holding company by acquiring 92 activities indicated, which have been secured by liens on residential or non- percent of the voting shares of Farmers- determined by the Board of Governors residential real estate; and the sale of Deposit, Flemingburg, Kentucky. to be closely related to banking. mortgage loans. The de novo office of Comments on this application must be With respect to these applications, Citicorp Homeowners, Inc. proposes to received not later than October 21,1983. interested persons may express their engage in the following activities: B. Federal Reserve Bank of Atlanta views on the question whether making or acquiring of loans and other (Robert E. Heck, Vice President) 104 consummation of the proposal can extensions of credit, secured or Marietta Street, N.W., Atlanta, Georgia “reasonably be expected to produce unsecured, for consumer and other 30303: benefits to the public, such as greater purposes; the sale of credit related life 1. First of Homestead, Inc., convenience, increased competition, or and accident and health insurance by Homestead, Florida; to become a bank gains in efficiency, that outweigh licensed agents or brokers, as required; holding company by acquiring at least possible adverse effects, such as undue the sale of consumer oriented financial 80 percent of the voting shares of The concentration or resources, decreased or management courses; the servicing, for First National Bank of Homestead, unfair competition, conflicts of interest, any person, of loans and other Homestead, Florida. Comments on this or unsound banking practices." Any extensions of credit; the making, Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices 44111

acquiring, and servicing, for its own of mortgage loans. The proposed service Tennessee for all the aforementioned account and for the account of others, of area for the de novo office of Citycorp proposed activities. Comments on this extensions of credit to individuals Financial Services Corporation and the application must be received not later secured by liens on residential or non- de novo office of Citicorp Homeowners, than October 21,1983. residential real estate; and the sale of ’ Inc. will comprise the entire State o f- _ 4. Citicorp, New York, New York mortgage life and mortgage disability Tennessee for all the aforementioned (consumer finance and credit-related insurance directly related to extensions proposed activities. Comments on this insurance activities; Tennessee): To of mortgage loans. The proposed service application must be received not later establish a de novo office of a de novo area for the de novo office of Citicorp than October 21,1983. subsidiary to be known as Citicorp Financial Services Corporation and the 3. Citicorp, New York, New York Financial Services Corporation, and a de de novo office of Citicorp Homeowners, (consumer finance and credit-related Inc. will comprise the entire State of novo office of Citicorp Homeowners, insurance activities; Tennessee): To Inc. at a shared location in Memphis, Tennessee for all the aforementioned establish a de novo office of a de novo Tennessee. The de novo office of proposed activities. Comments on this subsidiary to be known as Citicorp application must be received not later Citicorp Financial Services Corporation Financial Services Corporation, and a de than October 21,1983. proposes to engage in operating as an novo office of Citicorp Homeowners, office of an industrial loan company in 2. Citicorp, New York, New York Inc. at a shared location in Madison, the manner authorized by Tennessee (consumer finance and credit-related Tennessee. The de novo office of law, including the following activities; insurance activities; Tennessee): To Citicorp Financial Services Corporation the making or acquiring of loans and establish a de novo office of a de novo proposes to engage in operating as an subsidiary to be known as Citicorp office of an industrial loan company in other extensions of credit, secured or Financial Services Corporation, and a de the manner authorized by Tennessee unsecured, for consumer and other novo office of Citicorp Homeowners, law, including the following activities; purposes; the sale of credit related life Inc. at a shared location in Nashville, The making or acquiring of loans and and accident and health insurance by Tennessee. The de novo office of other extensions of credit, secured or licensed agents or brokers, as required; Citicorp Financial Services Corporation unsecured, for consumer and other the issuing of thrift certificates and thrift proposes to engage in operating as an purposes; the sale of credit related life passbook certificates; the sale at retail office of an industrial loan company in and accident and health insurance by of money orders, travelers checks, and the manner authorized by Tennessee licensed agents or brokers, as required; consumer oriented financial law, including the following activities; the issuing of thrift certificates and thrift management courses; the servicing, for making or acquiring of loans and other passbook certificates; the sale at retail any person, of loans and other extensions of credit, secured or of money orders, travelers checks, and extensions of credit; the making, unsecured, for consumer and other consumer oriented financial acquiring, and servicing, for its own purposes; the sale of credit related life management courses; the servicing, for account and for the account of others, of and accident and health insurance by any person, of loans and other extensions of credit to individuals licensed agents or brokers, as required; extensions of credit; the making, secured by liens on residential or non- the issuing of thrift certificates and thrift acquiring, and servicing, for its own residential real estate; and the sale of passbook certificates; the sale at retail account and for the account of others, of mortgage life and mortgage disability of money orders, travelers checks, and extensions of credit to individuals insurance directly related to extensions consumer oriented financial secured by liens on residential or non- of mortgage loans. The de novo office of management courses; the servicing, for residential real estate; and the sale of Citicorp Homeowners, Inc. proposes to any person, of loans and other mortgage life and mortgage disability engage in the following activities: the extensions of credit; the making, insurance directly related to extensions making or acquiring of loans and other securing, and servicing, for its own of mortgage loans. The de novo office of extensions of credit, secured or account and for the account of others, of Citicorp Homeotoners, Inc. proposes to unsecured, for consumer and other extensions of credit to individuals engage in the following activities: the purposes; the sale of credit related life secured by liens on residential or non- making or acquiring of loans and other and accident and health insurance by residential real estate; and the sale of extensions of credit, secured or licensed agents or brokers, as required; mortgage life and mortgage disability iqisecured, for consumer and other the sale of consumer oriented financial insurance directly related to extensions purposes; the sale of credit related life management courses; the servicing, for of mortgage loans. The de novo office of and accident and health insurance by any person, of loans and other Citicorp Homeowners, Inc. proposes to licensed agents or brokers, as required; extensions of credit; the making, engage in the following activities: the the sale of consumer oriented financial acquiring, and servicing, for its own making or acquiring of loans and other management courses; the servicing, for account and for the account of others, of extensions of credit related life and any person, of loans and other extensions of credit to individuals accident and health insurance by extensions of credit; the making, secured by liens on residential or non- licensed agents or brokers, as required; acquiring, and servicing, for its own residential real estate; and the sale of the sale of consumer oriented financial account and for the account of others, of mortgage life and mortgage disability management courses; the servicing, for extensions of credit to individuals insurance directly related to extensions any person, of loans and other secured by liens on residential or non- of mortgage loans. The proposed service extensions of credit; the making, residential real estate; and the sale of area for the de novo office of Citicorp acquiring, and servicing, for its own mortgage life and mortgage disability Financial Services Corporation and the account and for the account of others, of insurance directly related to extensions de novo office of Citicorp Homeowners, extensions of credit to individuals of mortgage loans. The proposed service Inc. will comprise the entire State of secured by liens on residential or non- area for the de novo office of Citicorp residential real estate; and the sale of Tennessee for all the aforementioned Financial Services Corporation and the proposed activities. Comments on this mortgage life and mortgage disability de novo office of Citicorp Homeowners, insurance directly related to extension application must be received not later Inc. will comprise the entire State of than October 21,1983. 44112 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices

5. C iticorp, New York, New York establish a d e novo office of a d e novo service area of and relocate an existing (consumer finance and credit-related subsidiary, to be known as Citicorp office of Citicorp Acceptance Company, insurance activities; Kentucky); To Financial Services Corporation, and a d e Inc., in Columbus, Ohio. The previously establish a d e novo office of a cte novo novo office of a d e n ovo subsidiary, to approved activities in which the office subsidiary, to be known as Citicorp be known as Citicorp Mortgage of Citicorp Acceptance Company Financial Services Corporation, and a d e Corporation, at a shared location in proposes to engage in the new location novo office of a d e n ovo subsidiary, to Louisville, Kentucky. The d e n ovo office are as follows: The making or acquiring be known as Citicorp Mortgage of Citicorp Financial Services of loans and others extensions of credit, Corporation, at a shared location in Corporation proposes to engage in secured or unsecured, for consumer and Lexington, Kentucky. The d e n ovo office operating as an office of an industrial other purposes; the extension of loans to of Citicorp Financial Services loan company in the manner authorized dealers for the financing of inventory Corporation proposes to engage in by Kentucky law, including the (floor planning) and working capital operating as an office of an industrial following activities; The making or purposes; the purchasing and servicing loan company in the manner authorized acquiring of loans and other extensions for its own account of sales finance by Kentucky law, including the of credit, secured or unsecured, for contracts; the sale of credit-related life following activities: The making or consumer and other purposes; the sale and accident and health insurance by acquiring of loans and other extensions of credit related life and accident and licensed agents or brokers, as required; of credit, secured or unsecured, for health insurance by licensed agents or the sale of credit-related property and consumer and other purposes; the sale brokers, as required; the issuing of thrift casualty insurance protecting real and of credit related life and accident and certificates and thrift passbook personal property subject to a security health insurance by licensed agents or certificates; the sale at retail of money agreement with Citicorp Acceptance brokers, as required; the issuing of thrift orders, travelers checks and consumer Company, and to the extent permissible certificates and thrift passbook oriented financial management courses; under applicable state insurance laws certificates; the sale at retail of money the servicing, for any person, of loans and regulations; the making of loans to orders, travelers checks and consumer and other extensions of credit; the individuals and businesses secured by a oriented financial management courses; making, acquiring, and servicing, for its lien on mobile homes, modular units or the servicing, for any person, of loans own account and for the account of related manufactured housing, together and other extensions of credit; the others, of extensions of credit to with the real property to which such making, acquiring, and servicing, for its individuals secured by liens on housing is or will be permanently own account and for the account of residential or non-residential real estate; affixed, such property being used as others, of extensions of credit to and the sale of mortgage life and security for the loans; and die servicing, individuals secured by liens on mortgage disability insurance directly for any person, of loans and other residential or hon-residential real estate; related to extensions of mortgage loans. extensions of credit. The proposed and the sale of mortgage life and The d e novo office of Citicorp Mortgage expanded service area will include the mortgage disability insurance directly Corporaton proposes to engage in the entire states of North Carolina, South related to extensions of mortgage loans. following activities: The Making or Carolina, Virginia, Kentucky, Ohio, The d e n ovo office of Citicorp Mortgage acquiring of loans and other extensions Pennsylvania, West Virginia, Indiana Corporation proposes to engage in the of credit, secured or unsecured, for and Michigan for all the aforementioned following activities: the making or consumer and other purposes; the sale activities, except for the sale of credit- acquiring of loans and other extensions of credit related life and accident and related property and casualty insurance. of credit, secured or unsecured, for health insurance by licensed agents or The service area for the sale of credit- consumer and other purposes; the sale brokers, as required; the sale of related property and casualty insurance, of credit related life and accident and consumer oriented financial which comprises the entire states of health insurance by licensed agents or management courses; the servicing, for Kentucky, Ohio, Pennsylvania, West brokers, as required; the sale of any person, of loans and other Virginia, Indiana and Michigan, will consumer oriented financial extensions of Credit; the making, remain unchanged. Comments on this management courses; the servicing, for acquiring, and servicing, for its own application must be received not later any person, of loans and other account and for the account of others, of than October 21,1983. extensions of credit; the making, extensions of credit to individuals k 8. Manufacturers Hanover acquiring, and servicing, for its own secured by liens on residential or non- Corporation, New York, New York account and for the account of others, of residential real estate; and the sale of (consumer finance, sales finance, extensions of credit to individuals mortgage life and mortgage disability servicing and credit insurance activities; secured by liens on residential or non- insurance directly related to extensions Minnesota and Wisconsin): To engage residential real estate; and the sale of of mortgage loans. The proposed service through an office of a wholly-owned mortgage life and mortgage disability area for the d e novo office of Citicorp indirect subsidiary of Manufacturers insurance directly related to extensions Financial Services Corporation and the Hanover Financial Services of of mortgage loans. The proposed service d e novo office of Citicorp Mortgage Minnesota, Inc., located in Bloomington, area for the d e n ovo office of Citicorp Corporation will comprise the entire Minnesota, serving the states of Financial Services Corporation and the State of Kentucky for all the Minnesota and Wisconsin, in the d e n ovo office of Citicorp Mortgage aforementioned proposed activities. activities of consumer finance, Corporation will comprise the entire Comments on this application must be including, but not limited to, the State of Kentucky for all the received not later than October 21,1983. extensions of direct loans, secured and aforementioned proposed activities. 7. C iticorp, New York, New York unsecured, to consumers and the Comments on this application must be (finance company and credit-related purchase of sales finance contracts; received not later than October 21,1983. insurance activities; Kentucky, Ohio, servicing such loans and other 0. C iticorp, New York, New York Pennsylvania, West Virginia, Indiana, extensions of credit; and acting as agent (consumer finance and credit-related Michigan, North Carolina, South or broker for the sales of single and joint insurance activities; Kentucky): To Carolina, Virginia): To expand the credit life insurance and decreasing or Federal Register / V ol 48, No. 188 / Tuesday, September 27, 1983 / Notices 44113

level term (in the case of single payment State of Ohio. Comments on this [Docket No. 83P-0219] loans) credit life insurance directly application must be received not later related to extensions of credit made or than October 21,1983. Enriched Bread Deviating From acquired by Manufacturers Hanover Identity Standard; Temporary Permit Board of Governors of the Federal Reserve Financial Services of Minnesota, Inc. for Market Testing; Correction Comments on this application must be System, September 21,1983. received not later than October 21,1983. James McAfee, AGENCY: Food and Drug Administration. B. Fedral Reserve Bank of Richmond Associate Secretary of the Board. ACTION: Notice; correction. (Lloyd W. Bostian, Jr., Vice President) [FR Doc. 83-26224 Filed 9-26-83; 64 5 am] 701 East Byrd Street, Richmond, Virginia BILLING CODE 6210-01-M s u m m a r y : The Food and Drug 23261: Administration (FDA) is correcting a 1. Central Fidelity Ifanks, Inc., notice announcing that a temporary Richmond, Virginia (insurance activities; DEPARTMENT OF HEALTH AND permit has been issued to Interstate Virginia): To engage through its HUMAN SERVICES Brands Corp., to market test a bread subsidiary, Central Fidelity Insurance enriched to the nutrient levels Agency, Inc., in the sale as agent or Food and Drug Administration recommended by the National Academy broker with respect to the following of Sciences, Food and Nutrition Board types of insurance related to, or arising [Docket No. 83F-0245] (FNB). The notice was published in the out of, loans made or credit transactions Federal Register of July 29,1983. involving credit granting subsidiaries of C. V. Cbemie Combinatie Amsterdam FOR FURTHER INFORMATION CONTACT: Central Fidelity Banks, Inc.: credit life C.C.A; Filing of Food Additive Petition F. Leo Kauffman, Bureau of Foods (HFF- insurance, credit disability insurance 214), Food and Drug Administration, 200 and credit accident and health Correction C St. SW„ Washington, DC 20204, 202- insurance; physical damage insurance In FR Doc. 83—22468, appearing on 245-1164. on mobile homes, motor homes or page 37708, in the issue of Friday, similar vehicles; "vendors single SUPPLEMENTARY INFORMATION: In FR August 19,1983, make thé following interest” physical damage insurance on Doc. 83-20296 at page 34513 in the corrections: motor vehicles, boats, trailers and other Federal Register of Friday, July 29,1983, kinds of personal property or 1. In the first column, in the the following correction is made on page attachments used in connection "Summary” paragraph, in the seventh 34514 in the first column: The first therewith; and mortgage redemption line “B” should read sentence in the next-to-the-last insurance. These activities are permitted 2. In the first column, in the paragraph is changed to read ‘The under section 601(D) of the Gam-St “SUPPLEMENTARY INFORMATION” permit provides for the temporary Germain Depository Institutions Act. paragraph, in the eighth line “(CFR” marketing of 432,000 pounds per day of These activities would be performed in should read “(21 CFR”; and in the ninth the product.” Fredericksburg, Virginia and serving the line "B” should read “/8”. Dated: September 12,1983.' surrounding area. Comments on this BILLING CODE 1505-01M Richard J. Ronk, application must be received not later Acting Director, Bureau o f Foods. than October 21,1983. C. Federal Reserve Bank of San [FR Doc. 83-26231 Filed 9-26-83; 8c45 am] Francisco (Harry W. Green, Vice [Docket No. 80F-0165] BILLING CODE 4160-01-M President) 101 Market Street, San Standard Oil Co. (Indiana); Withdrawal Francisco, California 94105: of Petition for Food Additives 1. Security Pacific Corporation, Los [Docket No. 83P-0298] Angeles, California (financing and Correction Food for Human Consumption; Credit-related insurance activities; Enriched Bread Deviating From Ohio): To engage through its In FR Doc. 83—22765, appearing on page 37713, in the issue of Friday, Identity Standard; Temporary Permit subsidiaries Security Pacific Finance for Market Testing Corp. and Security Pacific Finance August 19,1983, in the "SUMMARY” paragraph, in the eighth line "contract” Credit Corp., in making or acquiring for a g e n c y : Food and Drug Administration. its own account or for the account of should read "contact”. a c t io n : Notice. others, loans and extensions of credit, BILLING CODE 1505-01-M including making consumer installment s u m m a r y : The Food and Drug personal loans, purchasing consumer Administration (FDA) is announcing installment sales finance contracts, that a temporary permit has been issued [Docket No. 830-0282] making loans to small businesses and to Alfred Nickles Bakery Inc., to market other extensions of credit such as would Drafts Guidelines on Freedom of test a bread enriched to the nutrient be made by a factoring company or a levels recommended by the National consumer finance company and acting Information Summaries for NADA’s; Availability Academy of Science, Food and Nutrition as broker or agent for the sale of credit Board (FNB), in 1974 (with the exception life, accident and health, and credit Correction that iron will remain at the level property insurance, such insurance required by the standard of identity for activities being permitted pursuant to In FR Doc. 83-22618, beginning on enriched bread). The purpose of the Section 601 (A) and (D) of Title VI of the page 37771, in the issue of Friday, temporary permit is to allow the Gam-St Germain Act. These activities August 19,1983, on page 37712, in the applicant to measure consumer would be conducted from offices of first column, in “SUPPLEMENTARY acceptance of the food. Security Pacific Finance Corp. and INFORMATION”, in the twelfth line "date” Security Pacific Finance Credit Corp. should read “data". DATES: This permit is effective for 15 located in Hamilton, Ohio, serving the months, beginning on the date the food BILUNG CODE 1505-01-M is introduced or caused to be introduced 4 4114 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices into interstate commerce, but no later DEPARTMENT OF HOUSING AND no officer is authorized to serve as than December 27,1983. URBAN DEVELOPMENT Acting Deputy Regional Administrator unless all other officers whose titles FOR FURTHER INFORMATION CONTACT: F. [D ocket No. D -83-7Q 7] precede his or hers in this designation Leo Kauffman, Bureau of Foods (HFF- are unable to act by reason of absence, Region IX, San Francisco; Designation 214), Food and Drug Administration, 200 disability or vacancy in said position. of Order of Succession C St. SW., Washington, DC 20204, 202- Provided, further, That in the absence, 245-1164. a g e n c y : Department of Housing and disability or vacancy in the positions of SUPPLEMENTARY INFORMATION: In Urban Development. both the Regional Administrator and Deputy Regional Administrator, if the accordance with 21 CFR 130.17 a c t io n : Designation of Order of concerning temporary permits to Succession. officer listed below is serving as Acting facilitate market testing of foods Regional Administrator by virtue of the deviating from the requirements of a SUMMARY: The Regional Administrator, designation published concurrently standard of identity promulgated under Region IX, is updating the designation of herewith, the next officer listed shall officials who may serve as Acting serve as Acting Deputy Regional section 401 of the Federal Food, Drug, Regional Administrator and Acting Administrator. and Cosmetic Act (21 U.S.C. 341}* FDA is Deputy Regional Administrator for the giving notice that a temporary permit 1. Director, Office of Regional San Francisco Region Office, Region IX, has been issued to Alfred Nickles Administration during the absence, disability or 2. Regional Counsel Bakery, Inc., Navarre, OH 44662. vacancy in the positions of the Regional These designations supersede and The permit covers limited interstate Administrator and Deputy Regional cancel the designation of Acting marketing tests of enriched special Administrator. formula bread. The test product deviates Administrator and Acting Deputy EFFECTIVE DATE: March 1,1983. from the standard of identity for Regional Administrator published bn FOR FURTHER INFORMATION CONTACT: enriched bread, 21 CFR 136.115, in that it September 29,1982 (47 FR 42812) and Beverly G. Agee, Regional Counsel, will contain in each 2-slice effective on that date, and any Department of Housing and Urban supplemental designations, published or (approximately 2 ounces) serving: (1) 6 Development, Region IX, 450 Golden unpublished, that may be in effect prior percent of the U.S. Recommended Daily Gate Avenue, Box 36003, San Francisco, to the date of this document. Allowance (RDA) of vitamin A, (2) 8 CA 94102, (415) 556-6110. This is not a (Delegation effective May 4,1962, 27 FR percent of U.S. RDA of vitamin B-6, (3) 8 toll-free number. percent of the U.S. RDA of folic acid, (4) 4319; Interim Order II, 31 FR 815, January 21, 6 percent of the U.S. RDA of magnesium, Designation of Acting Regional 1966) and (5) 6 percent of the U.S. RDA of Adminstrator, Region IX Dated: August 26,1983. zinc. The test product meets all The officers appointed to the Bill J. Sloan, Regional Administrator, Region IX, San requirements of § 136.115, with the following listed positions in Region IX Francisco. exception of these deviations. (San Francisco) are hereby designated The permit provides for the temporary to serve as Acting Regional [FR Doc. 83-26210 Filed 9-26-83; 8:45 am] marketing of 31,250 pounds per day of Administrator, Region IX, San BILUNG CODE 4210-01-M the product. The test product will be Francisco, during the absence, disability distributed in the States of Ohio, or vacancy in the position of Regional Indiana, Michigan, Pennsylvania, and Administrator with all the powers, DEPARTMENT OF THE INTERIOR West Virginia. The test product is to be functions, and duties redelegated or Office of the Secretary manufactured in plants in Navarre, OH; assigned to the Regional Administrator: Fremont, OH; Martins Ferry, OH; and P rovided, That no officer is authorized National Environmental Policy Act; Elkhart, IN. to serve as Acting Regional Withdrawal of Draft Environmental Administrator unless all other officers The principal display panel of the Impact Statements label states the product name as whose title precedes his or hers in this “enriched special formula bread”, and designation are unable to act by reason a g e n c y : Department of the Interior. each of the ingredients used is stated on of absence, disability or vacancy in said ACTION: Notice of withdrawal of draft the label as required by the applicable listed position: environmental impact statements. sections of 21 CFR Part 101. A side-by- 1. Deputy Regional Administrator side comparison of the percentage of 2. Director, Office of Regional s u m m a r y : This notice announces the U.S. RDA’s for nutrients in the test Administration withdrawal of draft environmental . product and in regular enriched bread is 3. Regional Counsel impact statements (EIS) that were issued during the period 1977-1978. shown on the label for the applicable Designation of Acting Deputy Regional nutrients. This permit is effective for 15 Administrator, Region IX DATE; Effective September 30,1983. months, beginning on the date the test FOR FURTHER INFORMATION CONTACT: The officers appointed to the product is introduced or caused to be Bruce Blanchard, Director of following lished positions in Region IX introduced into interstate commerce, but Environmental Project Review, Office of (San Francisco) are hereby designated no later than December 27,1983. the Secretary, Department of the to serve as Acting Deputy Regional Interior, Washington, D.C. 20240; Dated: September 16,1983. Administrator, Region IX, San Telephone (202) 343-3891. Francisco, during the absence, disability Richard J. Ronk, or vacancy in the position of Deputy SUPPLEMENTARY INFORMATION: Pursuant Acting Director, Bureau of Foods. Regional Administrator with all the to the National Environmental Policy powers, functions, and duties Act of 1969 (NEPA) during the period |FR Doc. 83-26226 Filed 9-26-83; 8:45 am] redelegated or assigned to the Deputy January 1,1977, through December 31, BILLING CODE 4160-01-M Regional Administrator: P rovided, That 1978, the Department of the Interior prepared 89 draft EIS’s including Appeals, in accordance with the (Naknek) area on June 29,1962 for use supplemental draft EIS’s. Of these 77 regulations in 43 CFR, Part 4, Subpart E, went directly into final EIS’s, 1 was by the Federal Aviation Administration as revised. (FAA) in maintenance of air navigation superced by another draft EIS, and 8 If an appeal is taken, the notice of were closed without a final EIS for facilities. On May 10,1974, the FAA . appeal must be filed in the Bureau of requested a 44 LD 513 notation for an various reasons (e.g., proposal dropped, Land Management, Alaska State Office, modified, implemented by someone else, additional 7.5 acres of land for the air etc.). Division of Conveyance Management navigation facility. That request was (960), 701 C Street, Box 13, Anchorage, Of the remaining 3 drafts EIS’s, the noted to the records as AA-9012. On Alaska 99513. Do not send the appeal May 24,1979, Alaska Native Claims Department is withdrawing the 2 shown directly to the Interior Board of Land below effective September 30,1983. Settlement Act (ANCSA) Sea 3(e) case Appeals. The appeal and copies of These draft EIS’s are four to six years file AA-25574 was established for the pertinent case files will be sent to the old. In most cases, policies, proposals entire site as described below: board from this office. A copy of the and environments have changed. appeal must be served upon the Seward Meridian, Alaska ( P a r t i a l l y Moreover, and possibly more important, Surveyed) Regional Solicitor, 701 C Street, Box 34, comments received from reviewers are Anchorage, Alaska 99513. T. 17 S., R. 45 W., out of date and may not reflect current The time limits for filing an appeal Sec. 6, SWViNEViNEViNWVi, SE%NWVi positions. If further Departmental action are: NEViNWy*, NEYt SWy*NEViNWY*. N% is necessary for either of these SEy4NEy4Nwy4. 1. Parties receiving service of the proposals, the NEPA process will be Containing 12.5 acres. reinitiated. decision by personal service or certified mail, return receipt requested, shall On December 4,1974, Paug-Vik The remaining draft EIS (DES 77-18, have thirty days from the receipt of the Lower Truckee/Carson Rivers Incorporated, Lijnited, for the Native decision to file an appeal. Operating Criteria, NV) is involved in village of Naknek, filed selection litigation and is not being withdrawn. 2. Unknown parties, parties unable to application AA-6680-B, as amended, be located after reasonable efforts have under the provisions of the Alaska Dated: Septem ber 21,1983. been expended to locate, parties who Native Claims Settlement Act of William D. Bettenberg, failed or refused to sign their return December 18,1971 (43 U.S.C. 1601,1611) Deputy Assistant Secretary o f the Interior. receipt, and parties who received a copy (1976) (ANCSA) for the surface estate of of the decision by regular mail which is certain lands including the lands DEIS Bureau Proposal not certified, return receipt requested, described above, in the vicinity of shall have until October 27,1983 to file 77-13___ OSM ...... East Gillette Mining Pfan/WY. Naknek. 78-27...... BR __ an appeal. Uintah Unit Central Project/UT. These lands were selected pursuant to Any party known or unknown who is Sec. 12(a) of ANCSA and are not lands adversely affected by the decision shall IFR Doc. 83-26272 Filed 9-26-83; 8:45 amj in the national park system, lands be deemed to have waived those rights BILUNG CODE 4310-10-M withdrawn or reserved for national which were adversely affected unless an defense purposes, or former reserves appeal is timely filed with the Bureau of selected pursuant to Sec. 19(b) of Bureau of Land Management Land Management, Alaska State Office, ANCSA. Therefore they are subject to a Division of Conveyance Management. [F-14913-A2] determination pursuant to Sec. 3(e) of To avoid summary dismissal of the ANCSA which states: Alaska Native Claims Selection appeal, there must be strict compliance with the regulations governing such Public lands” means all Federal lands and In accordance with Departmental appeal. Further information on the interests therein located in Alaska except: (1) TTie smallest practicable tract, as determined regulation 43 CFR 2650.7(d), notice is manner of and requirements for filing an by the Secretary, enclosing land actually hereby given that a decision to issue appeal may be obtained from the Bureau used in connection with the administration of conveyance under the provisions of Sea of Land Management, Alaska State any Federal installation * * * 14 of the Alaska Native Claims Office, 701 C Street, Box 13, Anchorage, Settlement Act of December 18,1971 (43 Alaska 99513. On March 2.1983, the Bureau of Land U.S.C. 1601,1611 (1976) (ANCSA)), will If an appeal is taken, the parties to be Management made a determination that be issued to Gana-a ’Yoo, Limited for served with a copy of the notice of the following described lands are the approximately 141 acres. The land appeal are: smallest practicable tract enclosing involved is within U.S. Survey No. 724 of Gana-a ’Yoo, Limited, Box 38, Galena, lands actually used in connection with the Roman Catholic Mission Reserve Alaska 99741 the administration of this FAA facility at situate at Nula to, Alaska. Doyon, Limited, Land Department, King Salmon Airport: The decision to issue conveyance will Doyon Building, 201 First Avenue, Seward Meridian, Alaska (Partially be published once a week, for four (4) Fairbanks, Alaska 99701 Surveyed) consecutive weeks, in the Fairbanks B. LaVelle Black, T. 17 S., R. 45 W.t Daily News-Miner, upon issuance of the Section Chief, Branch o f ANCSA Sec. 6, N%SEy4NEy4NWy4. decision. For infonpation on how to Adjudication. Containing 5 acres. obtain copies, contact Bureau of Land [FR Doc. 83-26275 Filed 9-26-83; 8:45 am] Accordingly, ¿election application Management, Alaska State Office, 701 C BILLING CODE 4319-M-M AA—6680—B must be and is hereby Street, Box 13, Anchorage Alaska 99513. rejected as to the above-described Any party claiming a property interest lands. m land affected by this decision, an [AA-6660-3] agency of the Federal government, or The remaining lands in Sec. 3(e) case regional corporation may appeal the Alaska Native Claims Selection file AA-25574 have been determined to be public lands and will be approved for decision to the Interior Board of Land Public Land Order (PLO) 2713 Appeals, Office of Hearings and conveyance to Paug-Vik Incorporated, withdrew 5 acres in the King Salmon Limited, in this document. 4 41 16 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices

As to the lands described below, road easement. Use of the road will be In accordance with Departmental application AA-6680-B, as amended, limited to government personnel only. regulation 43 CFR 2650.7(d), notice of submitted by Paug-Vik Incorporated, b. (EIN 32 C4) An easement twenty- this decision is being published once in Limited, is properly hied and meets the five (25) feet in width for an existing the Federal Register and once a week, requirements of the Alaska Native aerial power and control line beginning for four (4) consecutive weeks, in the Claims Settlement Act and of the in Sec. 26, T. 17 S., R. 45 W., Seward Anchorage Tipies. regulations issued pursuant thereto. Meridian, northwesterly, generally Any party claiming a property interest These lands do not include any lawful paralleling roads EIN 19 C3, C5, D l and in lands affected by this decision, an entry perfected under or being EIN 31 C4 to the outer marker site in agency of the Federal government, or maintained in compliance with laws Sec. 6, T. 17 S., R. 45 W., Seward regional corporation may appeal the leading to acquisition of title. Meridian. The uses allowed are those decision to the Interior Board of Land In view of the foregoing, the surface activities associated with the operation Appeals, Office of Hearings and estate of the following described lands, and maintenance of the powerline Appeals, in accordance with the selected pursuant to Sec. 12(a) of facility. attached regulations in Title 43 CFR, ANCSA, containing 7.5 acres, is The grant of the above-described Part 4, Subpart E, as revised. However, considered proper for acquisition by lands shall be subject to: pursuant to Pub. L. 96-487, this decision Paug-Vik Incorporated, Limited, and is 1. Valid existing rights therein, if any, constitutes the final administrative hereby approved for conveyance including but not limited to those determination of the Bureau of Land pursuant to Sec. 14(a) of ANCSA: created by any lease (including a lease Management concerning navigability of Seward Meridian, Alaska (Partially issued under Sec. 6(g) of the Alaska water bodies. Surveyed) Statehood Act of July 7,1958 (48 U.S.C. If an appeal is taken the notice of T. 17 S., R. 45 W., Ch. 2, Sec. 6(g))), contract, permit, right- appeal must be filed in the Bureau of Sec. 0, SWViNEViNEV*NWY*, SEV*mVV* of-way, or easement, and the right of the Land Management, Alaska State Office, NEViNWVi, NE ViSW Y4NE ViNW V*. lessee, contractée, permittee, or grantee Division of Conveyance Management Containing 7.5 acres. to the complete enjoyment of all rights, (960), 701 C Street, Box 13, Anchorage, There are no inland water bodies privileges, and benefits thereby granted Alaska 99513. Do not send the appeal considered to be navigable within the to him. Further, pursuant to Sec. 17(b)(2) directly to the Interior Board of Land above-described lands. of the Alaska Native Claims Settlement Appeals. The appeal and copies of The conveyance issued for the surface Act of December 18,1971 (43 U.S.C. pertinent case files will be sent to the estate of the lands described above 1601,1616(b)(2)) (ANCSA), and valid Board from this office. A copy of the shall contain the following reservations existing right recognized by ANCSA appeal must be served upon the to the United States: shall continue to have whatever right of Regional Solicitor, 701 C Street, Box 34, 1. The subsurface estate therein, and access as is now provided for under Anchorage, Alaska 99513. all rights, privileges, immunities, and existing law; and The time limits for filing an appeal appurtenances, of whatsoever nature, 2. Requirements of Sec. 14(c) of the are: accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of 1. Parties receiving service of this Alaska Native Claims Settlement Act of December 18,1971 (43 U.S.C. 1601, decision by personal service or certified December 18,1971 (43 U.S.C. 1601, 1613(c)), that the grantee hereunder mail, return receipt requested, shall 1613(f)); and convey those portions, if any, of the have thirty days from receipt of this 2. Pursuant to Sec. 17(b) of the Alaska lands hereinabove granted, as are decision to file an appeal. prescribed in said section. Native Claims Settlement Act of 2. Unknown parties, parties unable to Paug-Vik Incorporated, Limited is December 18,1971 (43 U.S.C. 1601, be located after reasonable efforts have entitled to 115,200 acres of land selected 1616(b)), the following public easements, been expended to locate, parties who pursuant to Sec. 12(a) of the Alaska referenced by easement identification failed or refused to sign their return Native Claims Settlement Act. Together numbers (EIN) on the easement map receipt and parties who received a copy with the lands herein approved the total attached to this document, a copy of of this decision by regular mail which is acreage conveyed or approved for which will be found in case file AA- not certified, return receipt requested, conveyance is approximately 105,512 6680-EE, are reserved to the United shall have until October 27,1983 to file acres. The remaining entitlement of States. All easements are subject to an appeal. approximately 9,689 acres will be applicable Federal, State or Municipal Any party known or unknown who is corporation regulation. The following is conveyed at a later date. Pursuant to Sec. 14(f) of the ANCSA adversely affected by this decision shall a listing of uses allowed for each type of be deemed to have waived those rights easement. Uses which are not and Departmental regulation 43 Code of Federal Regulations (CFR) 2652.4, which were adversely affected unless an specifically listed are prohibited. appeal is timely filed with the Bureau of 60 F oot R ood —The uses allowed on a conveyance of the subsurface estate Land Management, Alaska State Office, sixty (60) foot wide road easement are: shall be issued to Bristol Bay Native Division of Conveyance Management. travel by foot, dogsled, animals, Corporation when the surface estate is snowmobiles, two- and three-wheel conveyed to Paug-Vik Incorporated, To avoid summary dismissal of the vehicles, small and large all-terrain Limited, and shall be subject to the same appeal, there must be strict compliance vehicles, track vehicles, four-wheel conditions as the surface conveyance, with the regulations governing such drive vehicles, automobiles, and trucks. except for those provisions under Sec. appeal. Further information on the a. (EIN 31 C4) An easement sixty (60) 14(c) of ANCSA; also the right to manner of and requirements for filing an feet in width for an existing road from explore, develop or remove mineral appeal may be obtained from the Bureau road EIN 1^ C3, C5, D l in Sec. 6, T. 17 S., materials from the subsurface estate in of Land Management, 701 C Street, Box R. 45 W., Seward Meridian, northerly to lands within the boundaries of the 13, Anchorage, Alaska 99513. a Federal Aviation Administration outer Native village shall be subject to the If an appeal is taken, the parties to be market site. The uses allowed are those consent of Paug-Vik Incorporated, served with a copy of the notice of listed above for a sixty (60) foot wide Limited. appeal are: Federal Aviation Administration, realty action will become the final Alaska Region, Attn: AAL-58, 701 C Federal Register Thursday, August 11, determination of the Department of the 1983, on Pages 36532 and 36533. Street, Box 14, Anchorage, Alaska Interior. 99513 Based on new information submitted Title Administration, Division of Dated: September 20,1983. by The Nature Conservancy, a non­ Technical Services, Alaska Marlyn V. Jones» profit conservation corporation, the Department of Natural Resources, District Manager. following described land is now Pouch 10-7035, Anchorage, Alaska {FR D ot 83-28277 Filed 9-28-83:8:45 am] identified as suitable for sale under the 99510 BILLING CODE 4310-84-M Recreation and Public Purposes Act of Paug-Vik Incorporated, Limited, P.O. June 14,1926, as amended (43 U.S.C. 869 et seq.), and is hereby so classified: Box 61, Naknek, Alaska 99633 [Serial No. I-20193B] Bristol Bay Native Corporation, P.O. Box Willamette Meridian, Oregon 198, Dillingham, Alaska 99576 Idaho; Conveyance of Public Lands; T. 11 S., R. 0 W„ Steven L. Willis, Blaine County Section 28, Lot 1. Acting Section Chief, Branch ofANCSA Containing 9.76 acres. Adjudication. September 15,1983. The above-described land will be sold [FR Doc. 83-26274 Filed 9-26-83; 8:45 am] Notice is hereby given that pursuant to The Nature Conservancy for BILLING CODE 4310-84-M to the Act of October 21,1976 (90 Stat. 2750; U.S.C. 1713), a patent was issued management as a natural area preserve. to Dennis B. Bolton, Burley, Idaho, for The land contains two native plant [Serial Number A-18898] the following-described public land: communities of great scientific interest: Boise Meridian, Idaho red fescue/California oatgrass xeric Arizona: Realty Action; Direct, Non- grassland [Festuca rubra-Danthonia Competitive Sale of Public Land in T. 2 S., R. 17 E., Sec. 1, lot 49. califomica), and Oregon white oak/ Maricopa County snowberry woodland (Q uercas Containing .078 acres. ganyana-Symphoricarpos albus). The Bureau of Land Management will The purpose of this notice is to inform Widespread urbanization and sell to the State of Arizona, 640 acres of the public and interested State and local agricultural development throughout the public lands located at T. 4 S., R. 1 W., governmental officials of the Willamette Valley have severely Section 32. This sale will be a direct, conveyance. reduced the extent of these plant non-competitivë sale, and the lands will Louis B. Bellesi, communities. Sale of the land to The be sold at the appraised fair market Deputy State Director for Operations. Nature Conservancy will ensure the value. The sale will only involve the protection of the botanic values and surface estate because the State already (FR Doc. 83-26279 Filed 9-26-83:8:45 am] BILLING CODE 4310-84-M relieve the Bureau of Land Management owns the mineral estate. This sale meets (BLM) from being responsible for a the disposal criteria of Section 203(a}(3j small, isolated tract that is difficult and of the Federal Land Policy and [Serial No. 1-18576] uneconomic to manage. The sale has Management Act of October 21,1976. been reviewed by Benton County Upon publication of this notice in the Idaho; Conveyance of Public Lands; officials and no objections have been Federal Register, the land described Camas County raised. The action is consistent with above will be segregated from all forms September 16,1983. BLM land use plans and with local of nondiscretionary appropriation under planning and zoning designations. the public land laws, for a period of 2 Notice is hereby given that pursuant Classification of this land segregates years or until the lands are sold. The to the Act of October 21,1976 (90 Stat. 2750; U.S.C. 1713), a patent was issued it from all forms of appropriation, segregative effect may otherwise be to Don J. Fames, Route 3, Jerome, Idaho, including locations under the mining terminated by the authorized officer by for the following-described public land: laws, except as to applications under publication of a termination notice in the mineral leasing laws and the Federal Register prior to the Boise Meridian, Idaho applications under the Recreation and expiration of the two year period. T. 2 S., R. 17 E., Public Purposes Act. The above described tract of land will Sec. 11, W%NW%NWy4. The land will be sold subject to: sold subject to the following reservation: Containing 20.00 acres. 1. A right-of-way for ditches and 1. A reservation to the United States The purpose of this notice is to inform for rights-of-way for ditches and canals canals constructed by the authority of the public and interested State and local the United States. (Act of August 30, under the Act of August 20,1890 (26 governmental officials of the Stat. 391; 43 U.S.C. 945); 1890, 26 Stat. 391, 43 USC 945.). conveyance. Additional information concerning 2. A reservation to the United States Louis B. Bellesi, of all minerals; and this sale may be obtained from the Deputy State Director for Operations. Phoenix District Manager, 2929 W. 3. The reversionary requirements of 43 [FR Doc. 83-26278 Filed 9-26-83; 8:45 am] CFR 2741.8 for: Clarendon Avenue, Phoenix, Arizona or by calling (602) 241-2901. BILLING CODE 4310-84-M a. Title transfers by the patentee, For a period of 45 days from the date b. Uses other than for which the land of this notice, interested parties may [OR 35446] was conveyed, c. Non use, submit comments regarding the Proposed Action. Any adverse Oregon; Recreation and Public d. Failure to follow approved comments will be evaluated by the Purposes Classification and Sale; development/management plan, and District Manager who may vacate or Realty Action e. Civil rights violations. Detailed information concerning the modify this realty action and issue a September 14,1983. final determination. In the absence of sale, including the environmental This notice hereby cancels a previous any action by the District Manager, this assessment/land report is available for Notice of Realty Action published in the review at the Bureau of Land 4 4 1 1 8 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices

Management Salem District Office, 1717 management practices needed to considerations for portions of the upper Fabry Road SE., Salem, Oregon. achieve RMP objectives. It will identify Green River in conjunction with the For a period of 30 days from the date lands for transfer from BLM study in the Bridger-Teton National of this notice, interested parites may administration (via public disposition or Forest; socioeconomic concerns submit comments to the Salem District transfer to another agency). associated with grazing, timber, and Manager, P.O. Box 3227, Salem, Oregon The two wilderness study areas in the mineral development; and critical 97320. Any adverse comments will be resource area, Scab Creek and Lake watershed management. Members of the evaluated by the Salem District Mountain, have been addressed under public are invited to participate in the Manager, who may vacate or modify separate MFP/EIS documents, therefore RMP process during key phases where this realty action and issue a final wilderness will not be an issue in the their comments could affect the outcome determination. In the absence of any RMP. of RMP decisions. Members of the action by the Salem District Manager, Background standards and procedures public who have not previously this realty action will become the final for this RMP preparation are contained participated but wish to be involved in determination of the Department of the in the Federal Register, Vol. 48, No. 88, this RMP development should contact Interior. 20364-20375, of May 5,1983. The the Pinedale office at the address below Jerry J. M cN utt, Washington Office of BLM will provide to be placed on the RMP mailing list. Acting Alsea Area Manager. further guidance on standards for An interdisciplinary team has been development of RMPs nationwide. The [FR Doc. 83-20276 Filed 9-26-83; 8:45 am] formed to develop the RMP. Disciplines Wyoming State Office of BLM will issue BILLING CODE 4310-84-4» to be represented include geology, range guidance for RMP planning for all four conservation, wildlife biology, Districts in the State of Wyoming to hydrology, recreation, forestry, lands, Rock Springs District, Pinedale guide BLM managers in producing minerals, soils, air quality, and: Resource Area, Lincoln, Sublette, and balanced land use decisions that meet ardheology. Teton Counties, Wyoming; Intent To requirements of law and regulation. The This notice includes the call for coal Prepare a Resource Management Plan Rock Springs District will then issue resource information required by 43 CFR and Call for Coal Resource planning criteria to provide the public a 3420.1-2. Currently the BLM is not Information preview of die types of considerations aware of any Federal coal areas with that must go into the final RMP development potential or leasing AGENCY: Bureau of Land Management, decisions. interest in the Pinedale Resource Area. Interior. Public participation will be an To assure that the RMP/EIS covers the ACTION: Initiation of a Resource essential component of the RMP fullest possible range of resource Management Plan (RMP) and call for development. Several techniques for considerations, this call is issued to coal resource information for the public involvement will be used at each obtain any coal resource information Pinedale Resource Area, Rock Springs phase of the RMP development to and identify any areas of interest for District, Wyoming. include: Federal Register possible Federal coal leasing between announcements, one-to-one discussion s u m m a r y : The Rock Springs District is 1986 and 1996. with key groups and individuals The BLM is not able to conduct any initiating a Resource Management Plan interested in the Pinedale Resource Area (RMP) to guide future management coal resource inventories in the planning (especially public officials), and area. Parties interested in Federal coal actions on the public lands within the individual mailings to all parties who leasing and development will be Pinedale Resource Area. The RMP is the have expressed an interest in the first such land use plan under the new expected to provide coal resource data process. For those persons wishing to be for their areas of interest. The planning BLM planning regulations for the placed on this mailing list a BLM contact schedule for this RMP/EIS requires that Resource Area. Two existing is provided below. Public meetings will areas of interest and coal resource data Management Framework Plans only be called as needed or requested. must be submitted to the address below presently guide decisions for the - AT the outset, BLM invites public Pinedale Resource Area until such time identification of the issues that should by December 30,1983. If coal resource data is insufficient or as the RMP is completed. be addressed in the RMP process. The Pinedale Resource Area is Comments may be sent to the address unavailable for your areas of interest, located in Western Wyoming. The below. Issues that have been identified but can be obtained in 1984, the Bureau Resource Area includes approximately to date include: Impacts and will accept until December 30,1983, an 924,700 surface acres and 1,383,900 acres management of oil and gas leasing, estimate of the extent and location of of federal minerals in Sublette, Lincoln, exploration, and development; land the coal resources and a schedule for and Teton Counties. ownership adjustments such as sales obtaining the data. The adequacy and The lands along the Snake River in and leases; utility corridor and timing of the coal resource information Teton County will be addressed in transportation network planning; timber received will determine the extent that general terms; however, no specific management and harvesting parameters; the Federal coal resource and its decision can be made until the final fire management, including prescribed development potential may be outcome of the pending court case is fire; grazing management, including an addressed in the RMP/EIS. known. analysis of each grazing allotment; wild Some of the Pinedale Resource Area When a decision is made by the horse management levels; management is not within a designated coal courts, the plan can be amended if of wildlife habitat, expecially crucial production region. Federal coal leasing necessary. habitat that is vulnerable to change; in areas outside of coal regions may be The RMP will be a comprehensive threatened and endangered species considered apart from the competitive land use plan that will identify consideration; maintenance and leasing process set out in 43 CFR 3420.3 allowable resource uses, levels of operation of wildlife/livestock watering through 3420.5-2. This is essentially production that can be attained, facilities; off-road vehicle management, done on a case-by-case basis, called resource condition goals, resource/ especially in sensitive and critical areas; “Leasing on Application”, under the program constraints, and general wild/scenic/recreation status appropriate provisions of 43 CFR 3425. (Note that the sale and issuance of Coo8 County Library, Coquille, Oregon T. 2 N., R. 5 E., Federal coal leases under these Curry County Library, Gold Beach, Sec. 7, Lot 2; provisions is still done through a Oregon T. 3 N., R. 5 E., competitive bidding process). Douglas County Library, Roseburg, Sec. 18, Lots 3 and 4. The Bureau will consider Federal coal ^ Oregon Containing 646.75 acres of public land. leasing upon application in the Pinedale Jackson County Library, Medford, Resource Area, whether or not this RMP Oregon Under this exchange, the United addresses the coal resource and its Rogue Community College Library, States acquired title to 837 acres of development potential. Identification at Grants Pass, Oregon private land located in the same county, described as follows: this time of definite interests in leasing Library, Southern Oregon State College, during the 1986 to 1996 period, Ashland, Oregon Parcel One: substantiated with adequate coal Library, Oregon Institute of Technology, resource data, will allow addressing this Klamath Falls, Oregon All those portions of Section 31, potential in this plan and possibly avoid Bureau of Land Management, Office of Township 2 South, Range 2 West, unnecessary work, delays or near term Pubic Affairs, 825 N.E. Multnomah Humboldt Base and Meridian, described revisions to the plan. Street, Portland, Oregon as follows: d a t e s : The issue identification, planning Bureau of Land Management, Medford The Northeast Quarter; Lot 1, known criteria development, and inventory District Office, 3040 Biddle Road, as the East Half of the Northwest phases of the RMP process will begin Medford, Oregon 97501 Quarter; the Southwest Quarter of the v September of 1983. If programming/ Library, University of Oregon, Eugene, Northwest Quarter; the West Half of the budgeting is approved, the RMP will be Oregon Southeast Quarter, the Northeast completed by December of 1986. If a Library, Portland State University, 727 Quarter of the Southeast Quarter; the public meeting is needed during the S.W. Harrison, Portland, Oregon East Half of the Southwest Quarter; and public participation process, the meeting Library, Oregon State University, the fractional Southwest Quarter of the will be announced through the Federal Corvallis, Oregon Southwest Quarter. Register, local news media and public A limted number of copies are Excepting from the fractional mailings. available upon request to the BLM Southwest Quarter of the Southwest a d d r e s s e s : Documentation of the RMP Medford District Office. Quarter, that portion thereof conveyed process and completed documents will An informal public information to the United States of America on be available at: Pinedale Resource Area, meeting will be held at 7:30 pm on March 25,1909, by Deed recorded in P.O. Box 768, Pinedale, Wyoming 82941. November 16,1983 at the Bureau of Land Book 110 of Deeds, Page 34, Humboldt FOR FURTHER INFORMATION CONTACT: Management Office in Medford, Oregon. County Records. For further information, if you wish to be Written comments on the draft EIS Excepting therefrom all oil, gas and placed ôn the RMP mailing list, or if you may be sent to: minerals wish to add to the list of issues being District Manager, Bureau of Land Parcel Two: considered in the RMP, contact Fred Management, 3040 Biddle Road, Medford, Wyatt, Area Manager, at the address Oregon 97501 All those portions of Section 32, above or phone 307-367-4358. Township 2 South, Range 2 West, Donald H. Sweep, Comments should be postmarked on or before December 30,1983 to be Humboldt Base and Meridian, described Rock Springs District Manager. considered in preparation of the Draft as follows: [FR Doc. 83-26280 Filed 9-26-83; 8:45 am] Medford EIS. The Southwest Quarter of the BILLING CODE 4310-84-M For further information contact: Northeast Quarter; the Southeast Quarter of the Northwest Quarter; the Gerry Fullerton, Oregon State Office, IINT DEIS 83-55] West Half of the Northwest Quarter; Telephone: (503) 231-6955 those portions of the North Half of the Draft Medford Grazing Management Dated: September 7,1983. Southwest Quarter and of the Southeast Environmental Impact Statement; Stanley D. Butzer, Public Meetings and DEIS Availability Quarter lying North of Sea Lion Gulch; Deputy State Director for Lands and subject to a Boundary Agreement Renewable Resources. a g e n c y : Bureau of Land Management, between John A. Mackey and Mary J. Interior. (FR Doc. 83-26261 Filed 9-26-83; 8:45 am] Rackliff recorded September 13,1890, in ACTiON:'Public meeting on Medford BILLING CODE 4310-84-M Book 35 of Deeds, Page 534, Humboldt Grazing Management DEIS. County Records. [Serial No. CA 12985] Excepting therefrom all oil, gas and s u m m a r y : Pursuant to Section 102(2) (c) minerals. of the National Environmental Policy Conveyance of Public Lands; Act of 1969, the Department of the Exchange of Public and Private Lands Parcel Three: Interior has prepared a Draft in Humboldt County, California Environmental Impact Statement for the All those portions of Section 6, The United States issued a patent to Medford EIS area. The proposal Township 3 South, Range 2 West, James A. Hunt and Lois I. Hunt for the involves implementing a livestock Humboldt Base and Meridian, described following described lands under the Act as follows: grazing program on public lands within Oi October 21,1970, 84 Stat. 1067,16 Lots 1, 2, 3, 4 and 5; subject to a the Medford EIS area of the Medford U.S.C. 460y: District in southwestern Oregon. Boundary Agreement between John A. Public reading copies will be available Humboldt Meridian, California Mackey and Mary J. Rackliff recorded for review at the following locations: T. 2 N..R.4E., September 13,1890, in Book 35 of Deeds, Page 534, Humboldt County. Klamath County Library, Klamath Falls, Sec. 1, Lots 5 and 6; Oregon Sec, 2, Lots 5, 6, 7, and 8; Excepting therefrom all oil, gas and Sec. 18, Ey2SWy4 and SWViSEVi; minerals. Josephine County Library, Grants Pass, Sec. 25, WVfeNWy»; Oregon The purpose of this exchange was to Sec^26, SWViSE1/^ acquire the non-Federal lands for 4 4120 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices

values and candidate threatened species inclusion in the King Range National Framework Plan and analyzed in the of plants. Conservation Area. Eugene Timber Management EIS. 5. Mohawk Potential RNA, located An equalization payment in the ORV Use Designation approximately 8 air miles NNE of amount of $242,000 was paid to the Eugene, Oregon. Township 16 South, United States. Notice is hereby given that certain public lands administered by the Bureau Range 2 West, Willamette Meridian. Dated: September 19,1983. of Land Management described below Sec. 19, Sy2Ny2 Lot 2, Sy2 Lot 2, Lot 3, Eleanor Wilkinson, are closed or limited to off-road Lot 4, s y2N y2sEy4Nw y4, s y2SEx/4NW y4, Chief, Lands BLocatable Minerals Sectionu. motorized vehicles and motor vehicle Ey2sw y4, wy2Ey2wy2sEy4, wy2wy2 Branch of Lands 8r Minerals Operations. use. These designations are in sEy4. [FR Doc. 83-26216 Filed 9-26-83; 8:45 ami accordance with 43 CFR Part 8340. This area is closed to ORV use to BILLING CODE 4310-84-M These designations do not apply to protect natural vegetative environment emergency, law enforcement and federal of national scientific research or other government vehicles while significance. Winnemucca District Advisory Council; being used for official or emergency 6. Camas Swale Potential RNA, Meeting purposes; or to any vehicle whose use is located approximately 11 air miles SSW of Eugene, Oregon. Township 19 South, Notice is given in accordance with expressly authorized by permit, lease, Range 4 West, Willamette Meridian. Pub. L. 92-463, that a meeting of the license, agreement or contract issued by Sec. 25, NEy4sw y 4NEy4Nwy4, sy2 Winnemucca District Advisory Council the authorized officer of the Bureau of sw y 4NEy4Nwy4, s e y4NE y4Nw y4, w y2 will be held on November 18,1983. The Land Management. Ey2Nwy4Nwy4, w y2Nwy4Nwy4, SEy4 meeting will be from 10:00 AM to 5:00 Closed Areas SEy4Nwy4Nwy4, sy 2Nwy4, Ny2sw y 4 PM in the Conference Room of the sw y 4sw y 4, w y2NEy4SEy4sw y 4, Nwy4 Winnemucca District Office, 705 East 1. Horse Rock Ridge Potential Area of sEy4swy4, Ny2swy4SEy4sw y4, swy4 Fourth Street:, Winnemucca, Nevada Critical Environmental Concern (ACEC), located approximately 20 air miles NNE sw y4SEy4swy4, wy2Nwy4Nwy4SEy4, 89445. ' Nwy4swy4Nwy4SEy4. The agenda for the meeting will of Eugene, Oregon. Township 15 South, Range 2 West, Willamette Meridian. ORV closure rationale, see item 5. include: (1) 1983 Fiscal Year 7. Fox Hollow Potential RNA, located Accomplishments, (2) 1984 Fiscal Year Sec. 1, SWy4 Lot 3, SVz Lot 4, S&NWVi, w i/2Sw i/4n e i/4, Ey2NEy4swy4, w y2Ey2 approximately 10 air miles SW of Annual Work Plan, (3) District Eugene, Oregon. Township 19 South, Wilderness EIS, (4) Range Stewardship Nwy4SEy4, wy2Nwy4SEy4, Nwy4 Range 4 West, Willamette Meridian. Program, (5) Range Program Summaries, sw y4SEy4. (6) Cooperative Management This area is closed to ORV Use to Sec.9,E y2Ey2. ORV closure rationale, see item 5. Agreements and (7) Water Rights. prevent damage to significant scenic 8. Row River Environmental The meeting is open to the public. values, candidate threatened species of Education Area (EEA), located Interested persons may make oral plants and wildlife values: approximately 4 air miles E of Cottage statements to the council at 1:30 PM, or 2. Long Tom Potential ACEC, located Grove, Oregon. Township 20 South, file written statements for the Council’s approximately 13 air miles WNW of Range 2 West, Willamette Meridian. consideration. Anyone wishitig to make Eugene, Oregon. Township 16 South, an oral statement must notify the Range 5 West, Willamette Meridian. Sec. 31, SEy4NEy4. This area is closed to ORV use to District Manager, 705 East Fourth Street, Sec. 33, NWy4NEy4. maintain present condition for Winnemucca, Nevada 89445, by This area is closed to ORV use to environmental education use by local November 8,1983. Depending on the protect significant wildlife values. number,of persons wishing to make oral 3. Lake Creek Falls Potential ACEC, school systems. statements, a per-person time limit may located approximately 26 air miles 9. Vik Road EEA, located approximately 20 air miles WNW of be established by the District Manager. WNW of Eugene, Oregon. Township 16 Eugene, Oregon. Township 16 South, Summary minutes of the Council South, Range 7 West, Willamette Range 6 West, Willamette Meridian. meeting will be maintained in the Meridian. Sec. 19, SEViSEyi. Sec. 19, SVzSVz. All lands located District Office and available for public This area is closed to ORV use to south of BLM road No. 16-6-20 within inspection (during regular business protect significant recreation values. the legal subdivision noted. hours) within 30 days following the 4. Elk Meadows Potential Research ORV closure rationale, see item 8. meeting. Natural Area (RNA), located approximately 20 air miles SE of Cottage 10. McGowan Creek EEA, located Dated: September 19,1983. Grove, Oregon. Township 23 South, approximately 8 air miles NNE of Frank C. Shield?, Range 2 West, Willamette Meridian. Eugene, Oregon. Township 16 South, District Manager for State Director, Nevada. Sec. 35, NWy4NWy4]SlEy4NEy4NEy4 Range 2 West, Williamette Meridian. [FR Doc. 83-26219 Filed 9-25-83; 8:45 am] sw y 4, s y2N y2NE y4NE y4s w y4, s % n e % Sec. i9, sw y 4NEy4NEy4NEy4, Nwy4 BILLING CODE 4310-84-M sw y 4, Ey2Nwy4NEy4sw y 4, SEy4Nwy4, NEy4NEy4, sy2NEy4NEy4, N w y 4NEy4, Nwy4NEy4sw y 4, Ey2sw y 4Nwy4NEy4 Ny2sw y 4NE%, Ny2SEy4NEy4, Ny2 sw y 4, NEy4sw y 4NEy4sw y 4, E%Nwy4 swy4sEy4NEy4, sEy4sw y4SeVfeNEy2, Eugene District Office (Eugene, sw y 4NEy4sw y 4, e y2SE y4s w y4NEy4 sEy4sEy4NEy4, NV4NEy4Nwy4, Ny2 Oregon); Designation of Public Lands sw y 4, SEy4NEy4sw y 4, EVfeSEy4sw y 4, sw y 4NEy4Nwy4, sEy4sw y 4NEy4 for Motor Vehicle Use Ey2w y2sEy4sw y 4, sw y 4NEy4NEy4 Nwy4, s e V4NE y4N w y4, n e i/4n w y4 NEViSEVi, sEy4Nwy4NEy4NEy4SEy4, Nwy4, n y2NW y4Nw y4Nw y4, NEy4 The following closed or limited sw y4Nwy4Nwy4, sEy4Nwy4Nwy4, designations of public, lands for Off- sy2 Nwy4 Nwy4 NEy4 SEy4, sy2 N%N% Nwy4 sEy4, sy2Ny2 Ny2 sEy4, sy2 Ny2 NVbNEy4sEy4Nwy4, sEy4NEy4sEy4, Road Vehicle (ORV) use are the result of Nwy4NE&NEy4sEy4, NEy4Nwy4NEy4 environmental analysis and public SEy4, sy2sEy4. sEy4, NEy4sEy4NEy4sEy4. review of land use allocations This area is closed to ORV use to ORV closure rationale, see item 8. developed for the Eugene Management prevent damage to significant research Federal Register / Vol 48, No. 188 / Tuesday, September 27, 1983 / Notices 44121

Limited Areas Dated: September 12,1983. must be managed to protect and 1. The following recreation areas, Dwight L. Patton, maintain the wetland/riparian habitat located throughout the Eugene District, District Manager. on a continuous basis. will be limited to ORV activity on [FR Doc. 83-26217 Piled 9-26-83; 8:45 am] Dates and addresses: The public designated routes to prevent significant BILLING CODE 4310-84-M auction will be held on November 29, erosion, damage to play fields, and trail 1983, at 2 p.m. at the Caribou County destruction. Courthouse, 159 South Main, Soda A. Shotgun Creek Recreation Area, Idaho Falls District; Realty Action Springs, Idaho 83276. If no bids are located approximately 16 air miles NE of AGENCY: Bureau of Land Management received on the date of this offering, the lands will be offered for sale at the Eugene, Oregon, Township 15 South, a c t io n : Notice of Realty Action, I- Idaho Falls District Office, 940 Lincoln Range 1 West, Willamette Meridian. 19695,1-19701B, I-19703B and 1-19710; Road, Idaho Falls, Idaho at 11 a.n. on Sec. 29, W%SWV4SW%. Competitive Sale Of Public Lands in January 10,1983. If no bids are received Sec. 30, SVeSWViNEVi, NVfeSEVi,’ Bannock, Bear Lake and Caribou on this date this sale will be cancelled. NE’ASWVfcSEtt, SEV4SEV4. . ' Counties, Idaho. S e c. 31, NV4NEViNE%, SEY* supplementary information: For a period NE%NE%, EYzSE'ANEV*. SUMMARY: The following described land of 45 days from the date of this notice, S e c. 32, W i/2NW1/4NW1/4, WV2SW V* has been examined, and through the interested parties may submit comments Nwy4. development of land use decisions to the District Manager regarding the B. .Clay Creek Recreation Area, which included public input it has been proposed action. Any adverse comments located approximately 26 air miles SW determined that the sale of the parcels is will be evaluated by the District of Eugene, Oregon. Township 19 South, consistent with Section 203(a} of the Manager who may vacate or modify this Range 7 West, Willamette Meridian. Federal Land Policy and Management realty action and issde a final Sec. 19, SEV4NEV4, NE^SEVi. Acf of 1976 (FLPMA). The lands will be determination. In the absence of any C. Haight Creek Recreation Area, offered for sale at public auction for no action by the District Manager, this located approximately 24 air miles SW less than the appraised fair market realty action will become the final of Eugene, Oregon Township 19 South, value and any bids for less than such determination of the Department of the Range 7 West, Willamette Meridian. value will be rejected as required by Interior. S e c. 35, Lot 5. FLPMA. Both sealed and oral bids will The BLM reserves the right to accept D. Sharps Creek Recreation Area, be accepted. or reject any and all offers, or withdraw located approximately 16 air miles SE of P a rcel A — 1-19695 any land or interest in land from sale, if, Cottage Grove, Oregon. Township 22 T. 8 S'., R. 40 E., Boise Meridian; in the opinion of the authorized officer, South, Range 1 West, Willamette Section 31: Lot 4, NWy4SEy4.2 consummation of the sale would not be Meridian. 81.36 acres. fully consistent with Section 203(g) of Sec. 15, W%NW%. FLMPA or other applicable laws. P a rcel B —I-19701B E. Lake Creek Recreation Area, This tracts are identified by the located approximately 24 air miles T. 16 S., R. 45 E., Boise Meridian: following Government Land Office WNW of Eugene, Oregon. Township 16 Section 10: NWV4NWy4. Cadastral Surveys: Parcels A and D— South, Range 7 West, Willamette 40 acres. 1876, Parcel B—1884, Parcel C—1874. Meridian. Parcel C-I-19703B For further information contact: S e c. 19, SR%SW %, SYzSEVi. T. 9 S., R. 38 E., Boise Meridian; Additional information concerning the F. Turner Creek Recreation Area, Section 31; Lots 2 and 3. tract terms and conditions of the sale, located approximately 30 air miles W of 95.40 acres. and bidding instructions may be Eugene, Oregon. Township 18 South, obtained from Wallace Evans, Area P a rcel D 1-19710 Range 9 West, Willamette Meridian. — Manager, at the Pocatello Resource S e c. 25, NEy4SWy4. T. 12 S„ R, 44 E., Boise Meridian; Area Office, 250 South 4th Avenue, G. Whittaker Creek Recreation Area, Section 28; SWy4NWV4. Room 172, Pocatello, Idaho 83201 or by located approximately 28 air miles 40 acres. calling (208) 236-6860. WSW of Eugene, Oregon. Township 18 The above aggregates 256.76 acres. Dated: September 19,1983. South, Range 9 West, Willamette Patent for all parcels, when issued, O’dell A. Frandsen, Meridian. will contain the following reservations District Manager. S ec. 14, s v 2Sw y4NEy4sw y4, svzSEy4 to the United States: [FR Doc. 83-26220 Filed 9-26-83; 8:45 am] NEy4 sw y4, SEy4 SEy4 Nwy4 sw y4, e % 1. Ditches and Canals BILUNG CODE 4310-84-M NEy4sw y4sw %, NEy4 SEy4 sw y 4 sw y4, 2. All Minerals, including Oil and Gas NEy4 sEy4 sw y4, Nwy4 SEy4 sw y4, nv& 3. All Existing Rights and Reservations swy4 sEy4 sw y4, Ny2 sw y 4 SEy4, nev4 of Record Minerals Management Service swy4 sw y 4 sEy4, Nwy4 SEy4 sw y 4 SEy4. In addition, the following parcels will Oil and Gas and Sulphur Operations in All lands designated as closed or be patented subject to these conditions: limited ¡are shown on ORV Designation * the Outer Continental Shelf; Chevron Maps available for review at the Eugene Parcels C and D: U.S.A. District Office, Bureau of Land 1. Pursuant to the authority contained AGENCY: Minerals Management Service, Management, 1255 Pearl Street, Eugene, in Section 4 of E .0 .11990 of May 24, Interior. Oregon 97401. 1977 and the Federal Land Policy and ACTION: Notice of the Receipt of a All designations are effective Management Act of 1976, Section 203(a), immediately and will remain in effect Proposed Development and Production this patent is subject to a restriction Plan. until revised, reworked or amended by which constitutes a covenant running the authorized officer pursuant to 43 with the land described above s u m m a r y : This Notice announces that CFR 8340. . containing wetland/riparian habitat Chevron U.S.A. Inc., Unit Operator of 44122 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices the Main Pass Block 40 Federal Unit is considering approval of the plan and supplementary information : Revised Agreement No. 14-08-001-3847, that it is available for public review at rules governing practices and submitted on September 15,1983, a the offices of the Regional Manager, procedures under which the Minerals proposed supplemental plan of Gulf of Mexico OCS Region, Minerals Management Service makes information development/production describing the Management Service, 3301 N. Causeway contained in Development and activities it proposes to conduct on the Blvd., Room 147, Metairie, Louisiana Production Plans available to affected Main Press Block 40 Federal Unit. 70002. States, executives of affected local The purpose of this Notice is to inform FOR FURTHER INFORMATION CONTACT. governments, and other interested the public, pursuant to Section 25 of the Minerals Management Service, Records parties became effective December 13, OCS Lands Act Amendments of 1978, Management Section, Room 143, open 1979 (44 FR 53685). Those practices and that the Minerals Management Service weekdays 9:00 a.m. to 3:30 p.m., 3301 N. procedures are set out in a revised is considering approval of the plan and Causeway Blvd., Metairie, Louisiana Section 250.34 of Title 30 of the Code of that it is available for public review at 70002, phone (504) 838-0519. Federal Regulations. the offices of the Regional Manager, supplementary information : Revised Dated: September 19,1983. Gulf of Mexico OCS Region, Minerals rules governing practices and John L. Rankin, Management Service, 3301 N. Causeway procedures under which the Minerals Regional Manager, Gulf of Mexico OCS Blvd., Room 147, Metairie, Louisiana Management Service makes information Region. 70002. contained in development and JF R Doc. 83-26282 Filed 9-26-83; 8:45 am] FOR FURTHER INFORMATION CONTACT: production plans available to affected BILLING CODE 4310-MR-M Minerals Management Service, Records States, executives of affected local Management Section, Room 143, open governments, and other interested weekdays 9:00 a.m. to 3:30 p.m., 3301 N. parties became effective on December Oil and Gas and Sulphur Operations in Causeway Blvd., Metairie, Louisiana 13,1979 (44 FR 53685). Those practices the Outer Continental Shelf; Superior 70002, phone (504) 838-0519. and procedures are set out in a revised Oil Co. supplementary information : § 250.34 of Title 30 of the Code of Revised a g e n c y : Minerals Management Service, Federal Regulations. rules governing practices and Interior. procedures under which the Minerals Dated: September 20,1983. a c t io n : Notice of the Receipt of a Management Service makes information John L. Rankin, Proposed Development and Production contained in development and Regional Manager, Gulf of Mexico OCS Plan. production plans available to affected Region. States, executives of affected local [FR Doc. 83-26214 Filed 9-26-83; 8:45 am] s u m m a r y : Notice is hereby given that governments, and Other interested BILUNG CODE 4310-MR-M the Superior Oil Company has submitted parties became effective on December a Development and Production Plan 13,1979 (44 FR 53685). Those practices describing the activities it proposes to and procedures are set out in a revised Oil and Gas and Sulphur Operations in conduct on Lease OCS 0245, Block 72, § 250.34 of Title 30 of the Code of the Outer Continental Shelf; Chevron West Cameron Area, offshore Louisiana. Federal Regulations. U.S.A., Inc. Proposed plans for the above area Dated: September 20,1983. provide for the development and AGENCY: Minerals Management Service, production of hydrocarbons with John L. Rankin, Interior. Regional, Manager Gulf of Mexico OCS support activities to be conducted from a c t io n : Region. Notice of the Receipt of a an onshore base located at Cameron, Proposed Development and Production Louisiana. [FR Doc. 83-26215 Filed 9-26-83; 8:45 am] Plan. BILLING CODE 4310-MR-M PURPOSE: The purpose of this Notice is s u m m a r y : Notice is hereby given that to inform the public, pursuant to Section Chevron U.S.A. Inc. has submitted a 25 of the OCS Lands Act Amendments Oil and Gas and Sulphur Operations in Development and Production Plan of 1978, that the Minerals Management the Outer Continental Shelf; Exxon describing the activities it proposes to Service is considering approval of the Company, U.S.A. conduct on Lease O C S-G 1240, Block 51, Plan and that it is available for public review. Additionally, this Notice is to a g e n c y : Minerals Management Service, South Timbalier Area, offshore inform the public, pursuant to Section Interior. Louisiana. The purpose of this Notice is to inform 930.61 of Title 15 of the Code of Federal a c t io n : Notice of the Receipt of a the public, pursuant to Section 25 of the Regulations, that the Coastal Proposed Development and Production OCS Lands Act Amendments of 1978, Management Section/Louisiana Plan. that the Minerals Management Service Department of Natural Resources is reviewing the Plan for consistency with s u m m a r y : This Notice announces that is considering approval of the Plan and Exxon Company, U.S.A., Unit Operator that it is available for publicTeview at the Louisiana Coastal Resources of the Grand Isle Block 16 Federal Unit the Office of the Regional Manager, Gulf Program. Agreement No. 14-08-001-2932, of Mexico OCS Region, Minerals - supplementary information : Revised submitted on September 15,1983, a Management Service, 3301 North rules governing practices and proposed supplemental plan of Causeway Blvd., Room 147, Metairie, procedures under which the Minerals development describing the activities it Louisiana 70002. Management Service makes information proposes to conduct on the Grand Isle FOR FURTHER INFORMATION CONTACT: contained in Development and Block 16 Federal Unit. Minerals Management Service, Public Production Plans available to affected The purpose of this Notice is to inform Records, Room 147, open Weekdays 9 States, executives of affected local the public, pursuant to Section 25 of the a.m. to 3:30 p.m., 3301 North Causeway governments, and other interested OCS Lands Act Amendments of 1978, Blvd., Metairie, Louisiana 70002, Phone parties became effective December 13, that the Minerals Management Service (504) 838-0519. 1979, (44 FR 53685). Those practices and Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices 4 4123

procedures are set out in a revised Carthage vicinity, Hampton Springs H o n o lu lu , Sinclair, Dr, Archibald Neil, Section 250.34 of Title 30 of the Code of Cemetery (Black Section) (Dallas County H ouse, 2726 Hillside Ave. Federal Regulations. Accordingly, a MRA), O ff A R 48 IOWA copy of the Plan is available for public Carthage vicinity, ML Zion Methodist Church review at the Office of the Regional (Dallas County MRA), NE of Carthage Jefferson County Manager, Gulf of Mexico OCS Region, Dalark, Atchley, Henry, House (Dallas County MRA), Fairfield, Architecture of Henry K. Holsman Minerals Management Service, 3301 O ff AR 8 Fairview, Thomas Homestead (Dallas County Historic Campus District, Bounded by M errill North Causeway BlvtL, Room 147, MRA), Off AR 7 St., IA 1, and Carter Memorial Dr. Metairie, Louisiana (Office Horn’s: 9 a.m. F o rd yce , Amis House (Dallas County MRA), Polk County to 3:30 p.m., Monday through Friday). 2nd St. Des Moines, Mahnke House, H ig h S t. A copy of the Consistency FordyGe, Brewster House (Dallas County 2707 Certification and the Plan are also MRA), US 79 KANSAS available for public review at the F o rd yce , Dallas County Courthouse (Dallas Cowley County Coastal Management Section Office County M RA), 3rd and Oak Sts. located on the 10th Floor of the State F o rd yce , Elliott House (Dallas County MRA), Arkansas City, Arkansas City Commercial Lands and Natural Resources Building, 309 Pine St. Historic District, Summit St. and 5th Ave. 625 North 4th Street, Baton Rouge, F o rd yce , Fielder House (Dallas County MRA), US 79B Reno County Louisiana (Office Hours: 8 a.m. to 4:30 Fordyce, First Presbyterian Church (Dallas Hutchinson, Terminal Station, 111 2nd Ave., p.m., Monday through Friday). The County MRA), AR 79B E a st public may submit comments to the Fordyce, First United Methodist Church Wyandotte County Coastal Management Section, A ttention (D allas County M RA), E. 4th and Spring Sts. OCS Plans, Post Office Box 44396, Baton Fordyce, Koonce Building (Dallas County Kansas City, Shawnee Street Overpass, N W Rouge, Louisiana 70804. Comments must MRA), 3rd St. of US 35 F o rd yce , Old Fordyce Post Office (Dallas be received within 15 days of the date of MICHIGAN this Notice or 15 days after the Coastal County M RA), E. 2nd St. Management Section receives a copy of F o rd yce , Rock Island Railway Depot (Dallas Lelanau County County MRA), 3rd St. the Plan from the Minerals Management South Manitou Island, South Manitou Island Fordyce, Russell, John, House (Dallas County Service. Lighthouse Complex and Life-Saving Station MRA), 904 Charlotte St. Historical District, Sandy Point FOR FURTHER INFORMATION CONTACT: F o rd yce , Smith, Jessie B„ House (Dallas Minerals Management Service, Public County MRA), Off US 79 MISSISSIPPI F o rd yce , Wynne House (Dallas County Records, Room 147, 3301 North Adams County Causeway Blvd., Metairie, Louisiana MRA), 4 th St. 70002, Phone (504) 838-0519. H olly Springs, Coodgame, CapL, House Natchez, White Cottage (Twin Oaks), 71 (D allas County M RA), AR 128 Homochitto St. Dated: September 19,1983. Jacinto, Aft. Carmel Methodist Church MISSOURI John L. Rankin, (Dallas County MRA), AR 9 Regional Manager, Gulf of Mexico OCS Pine Grove, Brazeale Homestead (Dallas Atchinson County County M RA), SE of AR 128 Region, Rock Port, Dopf, John Dickinson, Mansion, Pine Grove, Knight, Ed, House (Dallas [FR Doc. 83-262 81 Filed 9-26-83; 8:45 amj 407 Cass St. County M RA), Off AR 128 BILLING CODE 4310-MR-M Princeton vicinity, Princeton Cemetery Cape Girardeau County (Dallas County MRA), O ff AR 9 Cape Girardeau, Reynolds, James, House, 623 Princeton, Mallet, George W., House (Dallas N. Main St. National Park Service County MRA), O ff AR 8 Princeton, Princeton Methodist Church Newton County (Dallas County MRA), AR 9 National Register of Historic Places; Pierce City vinicity, Jo lly M ill, SW of Pierce Notification of Pending Nominations Sparkman, Sardis Methodist Church (Dallas C ity County MRA), NE of Pine Grove off AR 128 Nominations for the following Tulip vicinity, Butler-Matthews Homestead St. Louis County (Dallas County MRA), properties being considered for listing in SW of Tulip off AR 9 University City, Donaldson Court Tulip, Tulip Cementery (Dallas County the National Register were received by Apartments, 601-615 Westgate Ave. the National Park Service before MRA), O ff Ar 9 NEW MEXICO September 17,1983. Pursuant to § 60.13 CALIFORNIA Rio Arriba County of 36 CFR Part 60 written comments ' Los Angeles County concerning the significance of these Dulce, Jicarilla Apache Historic District, Torrance, Auditorium (Torrance High School properties under the National Register Main SL, NM 17, Apache, Keliiaa, and Sand Campus TR), 2200 W. Carson criteria for evaluation may be forwarded Hill Drs. Home Economics Building to the National Register, National Park Torrance, (Torrance High School Campus TR), 2200 W. NEW YORK * Service, U.S. Department of the Interior, Carson Suffolk County Washington, DC 20243. Written Torrance, Main Building (Torrance High comments should be submitted by School Campus TR), 2200 W. Carson W ater M ill, Water M ill, Old M ill Rd. October 12,1983. HAWAII NORTH CAROLINA Carol D. Shull, Chief of Registration, National Register, Hawaii County Cumberland County South Kohala, Ala Loa (Kiholo-Puako Trail), Grays Creek vicinity, Cape Fear Baptist ARKANSAS Off HI 19 from Kiholo Bay to Kalahuipaua’a Church, SR 2233 Dallas County Honolulu County Mecklenburg County Carthage vicinity, Garrison Place (Dallas Honolulu, Cooke, Grace, House, 2365 Oahu Charlotte, VanLandingham Estate, 2010 T he County MRAJ, S of AR 48 A v e . P laza 44124 Federal Register / /ol. 48, No. 188 / Tuesday, September 27, 1983 / Notices

Scotland County Cape Cod National Seashore Advisory submissions obtained from the Reports Wágram vicinity, Shaw Family Farms, SR Commission; Meeting Management Officer, Ms. Melita E. 1405 Yearwood, (202) 632-3378, IRM/MMP, Notice is hereby given in accordance Room 708B, SA-12, Washington, D.C. TEXAS with the Federal Advisory Committee 20523. Act (Pub. L. 92-463, 86 Stat. 770 (5 U.S.C. Refugio County Date Submitted: September 16,1983 App. 1 section 10), that at a meeting of Submitting Agency: Agency for Bayside, Wood, John Howland, House, 1 the Cape Cod National Seashore Capano Bay St. International Development Advisory Commission will be held on OMB Number: N/A UTAH Friday, October 14,1983. The Commission was established Form Number: AID 1420-50A Salt Lake County pursuant to Public Law 91-383 to meet Type of Submission: New Salt Lake City, Ferry H a ll— Westminster and consult with the Secretary of the Title: Consulting Organization C ollege, 1840 S. 1300 East Interior on general policies and specific Registration Form Utah County matters relating to the development of Purpose: The computerized questionnaire will provide small, small Provo, Startup Candy Factory, 534 S. 100 Cape Cod National Seashore. W est At the 1:30 PM meeting the disadvantaged, and nonsmall Commission will consider the following: consultants with an opportunity to VIRGINIA 1. Parking for Visting Aircraft at the inform AID of their capacity to furnish Fauquier County Provincetown Airport. consulting services under AID-financed 2. Land Exchange with Eastham. contracts. Warrenton Historic District, Warrenton, 3. Park Operations Reports. Roughly Main, Waterloo, Alexandria, Date Submitted: September 16,1983 Winchester, Culpeper, High, Falmouth, Lee, The meeting is open to the public. It is Submitting Agency: Agency for and Horner Sts. expected that 30 persons will be able to International Development attend the session in addition to the OMB Number: N/A Orange County Commission members. Form Number: AID 1420-50B Gordonville, Gordonville Historic District, Interested persons may make oral/ Type of Submission: New VA 15 and vicinity written presentations to the Commission Title: Individual Consultant Registration WASHINGTON or file written statements. Such requests Form should be made to the official listed Purpose: Computerized form will Grays Harbor County below at least seven days prior to the allow AID to more readily handle data Aberbeen, Finch Building, Heron and H Sts. meeting. submitted by consultants for Further information concerning this King County consideration in undertaking AID- meeting may be obtained from Herbert financed assignments. Seattle, Volker, William, Building, 1000 Olsen, Superintendent, Cape Cod Lenora St. National Seashore, South Wellfleet, MA Date Submitted: September 16,1983 Pierce County 02663, Telephone (617) 349-3785. Submitting Agency: Agency for Orting vicinity, Woolrey-Koehler Hop Kiln, Minutes of the meeting will be available International Development 176th St., East (Leach Rd.) for public information and copying two OMB Number: N/A Form Number: None Spokane County weeks after the meeting at the Office of the Superintendent, Cape Cod National Type of Submission: New Cheney, Lowe, David, House, 306 F St. Seashore, South Wellfleet, Title: Precontract Information Collection Spokane, Holley-Mason Building, 157 Massachusetts. Elements in the AID Procurement Howard Herbert Olsen, Regulations (AIDPR) Whatcom County Superintendent, Cape Cod National Seashore. Purpose: The AID procurement Bellingham, Bellingham National Bank September 16,1983. regulations are a coherent, integrated Building, 101-111 E. Holly St. system calling for information required [FR Doc. 83-26291 Filed 9-26-83; 8:45 am] Yakima County BILUNG CODE 4310-70-M to determine the capability, responsibility, performance record and Yakima, Lund Building, 5 N. Front St. suitability for overseas performance of The 15-day commenting period for the INTERNATIONAL DEVELOPMENT potential contractors. They supplement following property nominated to the COOPERATION AGENCY the Federal Procurement regulations and National Register of Historic Places is implement the Foreign Assistance Act being waived in order to assist in the Public Information Collection and various other laws affecting properties preservation. Expeditious Requirements Submitted to OMB for procurement or directed against fraud, listing of this property will insure that a Review waste, ect. project to develop the educational and The Agency for International Date Submitted: September 16,1983 interpretive potential of this property Development submitted the following Submitting Agency: Agency for may proceed under the provisions of the public information collection International Development Emergency Jobs Act of 1983 (Pub. L. requirements to OMB for review and OMB Number: N/A 98.8). clearance under the Paperwork Form Number: None Type of Submission: New LOUISIANA Reduction Act of 1980, Pub. L. 96-511. Comments regarding these information Title: Postcontract Information St. Laundry Parish collections should be addressed to the Collection Elements in the AID Eunice, Midland Branch Railroad Depot, 1st OMB reviewer listed at the end of the Procurement Regulations and North Sts. entry no later than (ten days after Purpose: The AID Procurement [FR Doc. 83-26292 Filed 9-26-83; 8:45 am| publication). Comments may also be Regulations Supplement the Federal BILLING CODE 4310-70-M addressed to, and copies of the Procurement Regulations as a Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 198$-./ Notices 44125

framework for AID contracts. The Decided: September 20,1983. [Finance Docket No. 30300] postcontract elements affect active By the Commission, Chairman Taylor, Vice agency contractors and are required for Chairman Sterrett, Commissioners Andre and Railroads; CSX Corporation; Control; the administration, monitoring, and Gradison. American Commercial Lines, Inc.; closeout of contracts and for other Agatha L. Mergenovich, Intent to File needs for accomplishment of the AID mission. Secretary. On August 29,1983, pursuant to 49 Reviewer: Francine Picoult (202) 395- |FR Doc. 83-26145 Filed 9-26-83; 8:45 amj CFR 1180.4(b), CSX Corporation (CSX) 7231, Office of Management and Budget, BILLING CODE 7035-01-M and American commercial Lines, Inc. Room 3201, New Executive Office (ACL) jointly filed an advance notice of Building, Washington, D.C. 20503. intent to file with the Interstate Dated: September 19,1983 [Finance Docket No. 30235] Commerce Commission, on or about Richard F. Calhoun, November 4,1983, an application under Chief, Mandated Management Programs. Railroads; Boston and Maine Corp.; 49 U.S.C. 11321 and 11343 e t seq . seeking Discontinuance Exemption, Middlesex authorization of the acquisition by CSX [FR Doc. 83-26232 Filed 9-26-83; 8:45 am) County, MA BILLING CODE 6116-01-M of control of ACL through stock ownership. a g e n c y : Interstate Commerce CSX, a holding company, controls the INTERSTATE COMMERCE Commission. Chessie System Railroads and the COMMISSION. a c t io n : Notice of exemption. Seaboard System Railroad, Class I rail carriers. Through a tender offer, CSX [Finance Docket No. 30216] s u m m a r y : The Interstate Commerce has purchased the shares of Texas Gas Railroads; Atchison, Topeka and Santa Commission exempts the discontinuance Resources Corporation and its wholly Fe Railway and the Denver & Rio of service by the Boston and Maine owned subsidiaries including ACL and Grande Western Railroad Co.— Corporation over 1.05-miles of railroad its subsidiary American Commercial Trackage Rights Exemption; Between of the Massachusetts Bay Barge Line Company,, a certificated Bragdon and Pueblo Junction, CO Transportation Authority between water carrier. The ACL shares have milepost B4.64 and milepost B5.69 in the been placed in an independent voting AGENCY: Interstate Commerce City of Cambridge, Middlesex County, trust pending a decision by the Commission. MA from the requirements of prior Commission on the merits of the a c t io n : Notice of exemption. approval under 49 U.S.C. 10903 e ts e q ., forthcoming acquisition proposal to avoid any impropriety, since the Su m m a r y : The Interstate Commerce subject to standard labor protective conditions. acquisition by a railroad of control of, or Commission exempts from the an interest in, a competing water carrier requirements of prior approval under 49 DATES: This exemption shall be effective is prohibited unless approved by the U.S.C. 11343 the trackage rights on October 27,1983. Petitions to reopen Commission under section 11321. agreement between The Atchison, must be filed by October 17,1983. CSX and ACL state that calendar year Topeka and Santa Fe Railway Company 1981 will be used for any impact and The Denver & Rio Grande Western ADRESSES: Send pleadings referring to analysis or other studies that may be Railroad Company to operate over 10 Finance Docket No. 30235 to: submitted. Data for 1982 will be miles of track between Bragdon and ' (1) Office of the Secretary, Case Control submitted where available. They note Pueblo Junction, CO, subject to standard Branch, Interstate Commerce that these data may be supplemented labor protective conditions. Commission, Washington, DC 20423 with data for other years where DATES: This exemption will be effective (2) Petitioners’ representative: Sidney appropriate. on September 27,1983. Petitions to Weinberg, 150 Causeway Street, reopen must be filed by October 17, This Commission has no regulations 1983. Boston, MA 02114 specifically applicable to rail/water FOR FURTHER INFORMATION CONTACT: consolidation applications. Our railroad ADDRESSES: Send pleadings referring to consolidation regulations, however, Finance Docket No. 30216 to: Louis E. Gitomer, (202) 275-7245 provide suitable procedures for the (1) Office of Secretary, Interstate SUPPLEMENTARY INFORMATION: consideration of the forthcoming Commerce Commission, Washington, Additional information is contained in application. Those regulations, subject DC 20423 the Commission’s decision. To purchase to appropriate modifications, therefore, (2) Petitioner’s representatives: Michael a copy of the full decision write to T.S. shall apply to this proceeding. The Blaszek, 224 South Michigan Blvd., InfoSystems, Inc., Room 2227, Interstate application will be filed under the Chicago, IL 60604 Commerce Commission, Washington, requirements of 49 CFR Part 1180 John S- Walker, P.O. Box 5482, Denver, CO 80217 DC 20423, or call 289-4357 (D.C. relating to significant transactions. Metropolitan area) or toll free (800) 424- We find that the proposed acquisition FOR FURTHER INFORMATION CONTACT: 5403. is of regional and national significance Louis E. Gitomer, (202) 275-7245. Dated: September 20,1983. and represents a major market SUPPLEMENTARY INFORMATION: extension by CSX. Therefore, the By the Commission, Chairman Taylor, Vice Additional information is contained in proceeding will be handled under the the Commission’s decision. To purchase Chairman Sterrett, Commissioners Andre and Gradison. -v., cited significant transaction procedures, a copy of the full decision, write to T. S. subject to such modifications as may be InfoSystems, Inc., Room 2227, Interstate Agatha L. Mergenovich, ordered by the Commission in response Commerce Commission, Washington, Secretary. to appropriate requests or on our DC 20423, or call 289-4357 (D.C. motion. An order asking for additional Metropolitan area) or toll free (800) 424- [FR Doc. 83-26382 Filed 9-26-83; 8:45 am] information on specific issues may be 5403. BILLING CODE 7 0 3 5 -0 1 -M issued subsequent to the publication of 4 41 26 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices

this notice. A procedural schedule will [Finance Docket No. 30254] Civil Action No. H-80-472, was lodged be issued after the application is filed. with the United States District Court for On September 1 ,1S83, the Railroads; Norfolk and Western the Northern District of Indiana. The Commission issued a protective order Railway Co. and Pittsburgh & West proposed Consent Decree concerns the Virginia Railroad; Abandonment and relating to confidential business data demolition and removal of asbestos- Discontinuance Exemption in which may become subject to discovery containing structures and materials at during this proceeding. Any party Washington County, PA the Cities Service Company site located seeking discovery must comply with that a g e n c y : Interstate Commerce between Chicago, Cline and Gary order. Commission. Avenue in East Chicago, Indiana. Dated: September 20,1963. a c t io n : Notice of exemption. The Department of Justice will By the Commission, Chairman Taylor, Vice receive, for a period of thirty (30) days Chairman Sterrett, Commissioners Andre and SUMMARY: The Interstate Commerce from the date of this publication, Gradison. Commission exempts from the comments relating to the proposed Agatha L. Mergenovich, requirements of prior approval under 49 Consent Decree. Comments should be Secretary. U.S.C. 10903 et seq., the discontinuance addressed to the Assistant Attorney by Norfolk and Western Railway General of the Land and Natural [FR Doc. 83-26385 Filed 9-26-83; 8:45 am] Company and abandonment by BILUNG CODE 7035-01-M Resources Division, Department of Pittsburgh & West Virginia Railroad of Justice, Washington, D.C. 20530, and 5.9 miles of rail line in Washington should refer to United States v. L loyd [Finance Docket No. 30270] County, PA, subject to employee Hodges, et al, D.J. Ref. 90-7-1—183. protective conditions. The proposed Consent Decree may be Railroads; Missouri Pacific Railroad DATES: This exemption shall be effective examined at the office of the LTnited Co.; Abandonment Exemption; in New on October 27,1983. Petitions to stay the States Attorney, 507 State Street, Orleans, LA effectiveness of this decision must be Hammond, Indiana, at the Region V filed by October 7,1983, and petitions office of the Environmental Protection AGENCY: Interstate Commerce for reconsideration must be filed by Agency, 230 South Dearborn Street, Commission. October 17,1983. Chicago, Illinois, and at the ACTION: Notice of exemption. ADDRESSES: Send pleadings referring to Environmental Enforcement Section, Finance Docket No. 30254 to: Land and Natural Resources Division of s u m m a r y : The Commission exempts from the requirements of 49 U.S.C. 10903 (1) Office of the Secretary, Case Control the Department of Justice, Room 1517, 9th Street and Pennsylvania Avenue e t seq . the abandonment by Missouri Branch, Interstate Commerce Pacific Railroad Company of a 2,595-foot Commission, Washington, DC 20423 NW., Washington, D.C. 20530. A copy of segment of line in New Orleans, LA, (2) Petitioner’s representative: Angelica the proposed Consent Decree may be obtained in person or by mail from the subject to standard labor protective D. Lloyd, 8 N. Jefferson S t, Roanoke VA 24042-0041 Environmental Enforcement Section, conditions. FOR FURTHER INFORMATION CONTACT: Land and Natural Resources Division of DATES: This exemption shall be effective Louis E. Gitomer, (202) 275-7245. the Department of Justice. In requesting on September 27,1983. Petitions for SUPPLEMENTARY INFORMATION: a copy, please enclose a check in the reconsideration must be filed by amount of $2.00 payable to the October 17,1983. Additional information is contained in the Commission’s decision. To purchase Treasurer of the United States. ADDRESSES: Send pleading referring to a copy of the full decision write to T.S. Finance Docket No. 30270 to: F. Henry Habicht, II, InfoSystems, Inc., Room 2227, Interstate (1) Office of the Secretary, Case Control Acting Assistant Attorney General, Land and Commerce Commission, Washington, Natural Resources Division. Branch, Interstate Commerce DC 20423, or call 289-4357 (D.C. [FR Doc.83-26230 Filed 9-26-83;-8;45 am] Commission, Washington, DC 20423 Metropolitan area) or toll free (800) 424- BILUNG CODE 4410-01-M (2) John P. Legendre, 505 N. Industrial 5403. Blvd., Dallas, TX 75207. Dated: September 20,1983. FOR FURTHER INFORMATION CONTACT: By the Commission, Chairman Taylor, Vice Antitrust Division Louis E. Gitcrmer, (202) 275-7245. Chairman Sterrett, Commissioners Andre and SUPPLEMENTARY INFORMATION: Gradison. Proposed Termination of Final Additional information is contained in Agatha L. Mergenovich, Judgment the Commission’s decision. To purchase Secretary. a copy of the full decision, write to T.S. Notice is hereby given that Toro InfoSystems, Inc., Room 2227, Interstate [FR Doc. 83-25383 Filed 9-26-63; 8:45 am] BILLING CODE 7035-01-M Manufacturing Corporation (now The Commerce Commission, Washington, Toro Company, hereinafter “Toro”) has DC 20423, or call 289-4357 (D.C. filed with the United States District Metropolitan area) or toll free (800) 424- Court for the District of Minnesota a 5403. DEPARTMENT OF JUSTICE motion to terminate the final judgment Decided: September 20, 1983. Lodging of Consent Decree Pursuant in United States v. The Toro Manufacturing Corporation, Civil By the Commission, Chairman Taylor, Vice to Resource Conservation and Chairman Sterrett Commissioners Andre and Action No. 4-69, Civ. 243; and the Recovery Act Gradison. Department of Justice (“Department”), in Agatha L. Mergenovich, In accordance with Department a stipulation also filed with the court, Secretary. policy, 28 CFR 50.7, notice is hereby has consented to termination of the |FR Doc. 83-26384 Filed 9-26-83; 8:45 am) given that a proposed Consent Decree in judgment, but has reserved the right to BILUNG COOE 7035-01-M United States v. Lloyd Hodges, et al, withdraw its consent for at least seventy Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices 4 4 1 2 7

(70) days after the publication of this Drug Enforcement Administration will be applied by WHO to all exempt notice. The complaint in this case (filed products but more rigorously in its on July 11,1969) alleged that Toro had international Drug Scheduling; review of preparations introduced after conspired with its independent Convention on Psychotropic August 17,1976 (the date the 1971 distributors to eliminate competition at Substances, 1971; Exemption of Convention came into effect) and those both the wholesale and retail levels in Preparations involved in the export trade. the sale of Toro lawn care products. The a g e n c y : Drug Enforcement Preparations intended only for the judgment (entered on December 12, Administration, Justice. domestic market and those products 1971) enjoins Toro from entering into, introduced before August 17,1976 will ACTION: Notice of a request for public adhering to, maintaining, enforcing, or be treated more liberally with respect to comment. claiming rights under any contract, the application of the exemption criteria. combination, agreement, understanding, s u m m a r y : The World Health Because of the more rigorous treatment plan or program with any distributor, Organization (WHO) is expected to given by the WHO Expert Group to dealer, or other person: (A) to limit or present to the United Nations exempt products involved in the export restrict, by allocation or otherwise, Commission on Narcotic Drugs (CND) trade, it may request governments to territories or markets in which, or for adoption, rejection or modification provide information regarding quantities persons or classes of persons to whom, revised criteria for the exemption of of those products manufactured or any distributor, dealer or other person preparations containing substances exported. sells or may sell lawn care products; (B) controlled under the Convention on In 1979, when the United States to fix, maintain or adhere to prices, Psychotropic Subtances, 1971. If became a Party to the 1971 Convention, discounts, allowances or other terms or adopted, the criteria will be used by a the Drug Enforcement Admninistration conditions for the sale of lawn care WHO Expert Group in a review of over submitted to the United Nations products to any third person. 900 U.S. preparations granted exempt Secretary-General as required by that status by the Drug Enforcement Convention a list of products excluded The Department has filed with the Administration (DEA) and its and excepted under the Controlled court a memorandum setting forth the predecessor agencies. Should the WHO Substances Act. The WHO Expert reasons why the Department believes Expert Group terminate the exempt Group did not review the list of U.S. that termination of the judgment would status of any U.S. preparation, DEA exempt preparations at that time serve the public interest. Copies of the would be constrained to reimpose some pending DEA’s resubmission to WHO of complaint and final judgment, Toro’s or all of the control measures from an updated listing. The Commission on motion papers, the stipulation which the preparation had been Narcotic Drugs, at the urging of the U.S. containing the Government’s consent, exempted. delegation, among others, voted to the Department’s memorandum and all d a t e : Comments must be submsitted on request WHO to defer futher reviews of further papers filed with the court in or before October 27,1983. exemptions pending adoption of revised guidelines acceptable to the CND. The connection with this motion will be a d d r e s s : Comments may be mailed to available for inspection in the Legal the Acting Administrator, Drug revised guidelines are expected to be presented to the CND for adoption and, Procedure Unit of the Antitrust Division, Enforcement Administration, 14051 should they be accepted, be applied in Room 7416, Department of Justice, 10th Street, NW, Washington, D.C. 20537. the review of all exempt preparations, Street and Pennsylvania Avenue, NW., Attention: DEA Federal Register Representive. A copy of the proposed including U.S. products. To help gauge Washington, D.C. 20530 (telephone 202- the impact of the proposed guidelines on 633-2481), and at the Office of the Clerk guidelines and related material may be examined at the DEA Library (Room U.S. drug manufacturers, the Drug of the United States District Court for Enforcement Administration had asked the District of Minnesota, Fourth 1207) Monday through Friday between 9:00 a.m. and 5:30 p.m. all known labelers of excluded or Division, 110 South Fourth Street, Room expected preparations to provide FOR FURTHER INFORMATION CONTACT: 514, Minneapolis, Minnesota 55401. information regarding the exportation of Copies of any of these materials may be Howard McClain, Jr., Chief, Drug these products. It appears from the obtained from the Legal Procedure Unit Control Section, Drug Enforcement replies received that approximately upon request and payment of the Administration, Telephone: (202) 633- thirty-one exempt preparations 1366. copying fee set by Department of Justice manufactured by twelve American regulations. SUPPLEMENTARY INFORMATION: The companies are involved in international United Nations Commission on Narcotic commerce. Interested persons may submit Drugs is expected to have as one of its Currently, preparations containing comments regarding the proposed agenda items in February 1984 the nonnarcotic depressant substances termination of the decree to the adoption, rejection or modification of controlled under the Controlled Department. Such comments must be revised criteria to be used by Substances Act (CSA) and meeting received Avithin sixty days, and will be governments and WHO in reviewing the certain qualitative and quantitative filed with the court. Comments should exemption of preparations containing criteria are granted exempt status upon be addressed to John W. Clark, Chief, substances controlled under the application to and review by the Drug Special Trial Section, Antitrust Division, provisions of the Convention on Enforcement Administration. The Department of Justice, Washington, D.C. Psychotropic Substances, 1971. These qualitative and quantitative criteria 20530 (telephone 202-724-6335). criteria were revised by the World used by DEA are more comprehensive Joseph H. Widmar, Health Organization in November 1982 than those proposed by WHO. (A copy and, if adopted, would be included in Director of Operations, Antitrust Division. of the proposed WHO guidelines and the general guidelines established by the other related material are available for |PR Doc. 83-26327 Piled 9-26-83: 8:45 am| Commission for exempting preparations examination at the DEA Library in under the provisions of Article 3 of the Washington). In addition, the criteria BILLING CODE 4410-01-M 1971 Convention. The revised criteria currently used by DEA in granting 44128 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices exemptions do not differentiate between will prepare a proposed U.S. An estimate of the total number of preparations intended for the export Government position relative to hours needed to fill out the form. market those products distributed only accepting in whole or part the WHO The number of forms in the request for domestically or introduced after August guidelines at the next session of the approval. 17,1976. (See 45 FR 74091, November 7, CND (February, 1984). To assist DEA in An abstract describing the need for 1980 for an explanation of the criteria this matter, all interested persons are and uses of the information collection. used by DEA in reviewing requests for invited to submit their comments in Comments and Questions exempt status). writing regarding this notice. Comments To date, 246 preparations exempted should be submitted to the Drug Copies of the proposed forms and by eight nations other than the United Enforcement Administration, 1405 I supporting documents may be obtained States have been reviewed by WHO. Street, NW., Washington, D.C. 20537, by calling the Departmental Clearance The WHO Expert Review Groups Attention: DEA Federal Register Officer, Paul E. Larson, Telephone 202- recommended to the CND that the Representative. 523-6331. Comments and questions exempt status of 112 of the preparations Dated: September 19,1983. about the items on this list should be be terminated and 101 be sustained. Gene R. Haislip, directed to Mr. Larson, Office of Action on the rest was deferred. Exempt Information Management, U.S. Deputy Assistan t Administrator, Office of . preparations intended for domestic sale Diversion Control. Department of Labor, 200 Constitution only were given the same degree of Avenue, NW., Room S-5526, [FR Doc. 88-25946 Ftted 9-26-83; 8:45 am] scrutiny as preparations involved in Washington, D.C. 20210. Comments BILLING CODE 4440-89-111 international commerce. In most cases, should also be sent to the OMB the CND accepted the WHO reviewer, Arnold Strasser, Telephone recommendations and voted 202-395-6880, Office of Information and DEPARTMENT OF LABOR accordingly. Under the revised Regulatory Affairs, Office of guidelines, it is likely that fewer Office of the Secretary Management and Budget, Room 3208, exemption will be recommended for NEOB, Washington, D.G 20503 either partial or total termination by the Agency Forms Under Review by the Any member of the public who wants review groups. Total termination would Office of Management and Budget to comment on a form which has been mean that a preparation containing a (OMB) submitted to OMB should advise Mr. substance controlled under the Larson of this intent at the earliest provisions of Article 3 of the Convention Background possible date. on Psychotropic Substances, 1971 would The Department of Labor, in carrying R evision be liable to the same measures of out its responsibility under the control as the psychotropic substance Paperwork Reduction Act (44 U.S.C. Employment Standards Administration which it contains. Chapter 35), considers comments on the Claimant Travel Refund Voucher The only internationally controlled proposed forms and recordkeeping CM-957 psychotropic substances involved in the requirements that will affect the public. Other—As Needed exportation of products exempted under LIST OF FORMS UNDER REVIEW: On Individuals or Households the Controlled Substances Act are each’Tuesday and/or Friday, as 48,000 responses; .1 hours phénobarbital and meprobamate, both necessary, the Department of Labor will The Claimant Travel Refund Voucher listed in Schedule IV of the 1971 publish a list of the agency forms under is used by miners to document a request Convention. It should be noted that the review by the Office of Management for reimbursement of travel expenses Psychotropic Convention does not and Budget (OMB) since the last list was related to medical testing and treatment require the use of export/import published. The list will have all entries for black lung benefits. declarations for its Schedule IV grouped into new forms, revisions, Extension (Burden Change) substances, If exemptions regarding extensions (burden change), extensions international trade were to be (no change), or reinstatements. The Employment Standards Administration terminated, U.S. exporters of those Departmental Clearance Officer will, Application for Approval of a preparations would be required to upon request be able to advise Representative’s fee in Black Lung register with DEA, keep records of their members of the public of the nature of Claim Proceeding Conducted by the exports and report them to DEA. It any particular revision they are U.S. Department of Labor should be noted, also, that an exemption interested in. CM-972 granted under Article 3 of the Each entry will contain the following On occasion Psychotropic Convention has legal effect information: Small Business or Organizations only in the country which has invoked The Agency of the Department issuing 500 responses; 209 hours that article. A country which intends to this form. A black lung claimant may arrange to import a preparation which has been The title of the form. have someone represent his/her exempted from certain control measures The agency form number, if interests in regard to a claim for benefits by the exporting nation and which has applicable. with the Department of Labor. The CM- not exempted the preparation within its How often the form must be filled out. 972 is to collect the information own territory must apply to the Who will be required to or asked to necessary to determine if the services preparation all of the 1971 Convention report. rendered and amounts charged can be control measures applicable to the Whether small business or paid under the program. psychotropic substance contained in the organizations are affected. preparation. The standard industrial classification Extension (Burden Change) The Drug Enforcement (SIC) codes, referring to specific Employment Standards Administration Administration, in consultation with the respondent groups that are affected. Request for State or Federal Worker’s Department of Health and Human An estimate of the number of Compensation Information Services and the Department of State, responses. CM-905 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices 4 41 29

On occasion TA-W-14,389; Shafer Valve Co., A certification was issued covering all State or Local Governments Manfield, OH and Orville, OH workers separated on or after December Federal Agencies or Employees TA-W-14,225; ITT Grinnell Corp., 14,1981 and before March 1,1983. 3000 responses; Vi hour Princeton, KY TA-W-14,840; Ingersoll-Rand Co., Proto 20 CFR 725.535 specifies that TA-W-14,610; Peter Cooper Corp., Oak Hand Tool Div., Los Angeles, CA beneficiaries of DCMWC have their C reek, W I A certification was issued covering all benefits reduced by those amounts TA -W -14,453; U.S. S teel Corp., U.S.S. workers separated on or after which they may receive from State or Fabrication Div., Orange, TX September 15,1981 and before June 30, other Federal worker’s compensation TA-W-14,378; American Roller Bearing, 1983. programs. Pittsburgh, PA TA-W-14,520; Braeburn Alloy Steel Co., I hereby certify that the Signed at Washington, D.C. this 22nd day aforementioned determinations were ! of September 1983. Lower Burrell, PA issued during the period September 12, Paul E. Larson, In the following cases the investigation revealed that criterion (3) 1983-September 16,1983. Copies of Departmental Clearance Officer. has not been met. Increased imports did these determinations are available for fFR Doc. 83-26323 Filed 9-26-83; 8:45 am] not contribute importantly to workers inspection in Room 9120, U.S. BILLING CODE 4510-27-M separations at the firm. Department of Labor, 601 D Street, N.W., TA-W-14,Oil; Franklin Apparel Washington, D.C. 20213 during normal Manufacturing Co., Decherd, TN business hours or will be mailed to Employment and Training TA-W-14,630; Great National Corp., persons who write the above address. Administration McCurtain #2 Mine, McCurtain, Dated: September 20,1983. i OK Determinations Regarding Eligibility TA-W-14,596; Gulf & Western Marvin M. Fooks, To Apply for Worker Adjustement Manufacturing Co., Taylor-Bonney Director, Office o f Trade Adjustment Assistance; Allied Chemical Co., et al. International, Bellaire, TX Assistance. ] In accordance with Section 223 of the TA-W-14,597; Gulf & Western fFR Doc. 83-26324 Filed 9-26-83; 8:45 am] Trade Act of 1974 (19 U.S.C. 2273) the Manufacturing Co., Taylor-Bonney BILUNG CODE 4510-3O-M Department of Labor herein presents International, Clark, Nf summaries of determinations regarding TA-W-14,598; Gulf & Western eligibility to apply for adjustment Manufacturing Co., Taylor-Bonney Investigations Regarding assistance issued during the period International, Oakbrook, IL Certifications of Eligibility To Apply for September 12,1983-September 16,1983. TA-W-14,599; Gulf & Western Worker Adjustment Assistance; C.G.E. In order for an affimative Manufacturing Co., Taylor-Bonney Medical Corp., et al. determination to be made and a International, Atlanta, GA certification of eligibility to apply for TA-W-14,600; Gulf & Western Petitions have been filed with the adjustment assistance to be issued, each Manufacturing Co., Taylor-Bonney Secretary of Labor under Section 221(a) of the group eligibility requirements of International, Whittier, CA of the Trade Act of 1974 (“the Act’’) and are identified in the Appendix to this Section 222 of the Act must be met. Affirmative Determinations (1) That a significant number or notice. Upon receipt of these petitions, proportion of the workers in the TA-W-14,223; D resser Industries, Inc., the Director of the Office of Trade workers’ firm, or an appropriate M agcobar Minerals Div., Potosi, Adjustment Assistance, Employment I subdivision thereof, have become totally MO and Training Administration, has or partially separated, A certification was issued covering all instituted investigations pursuant to (2) That sales or production, or both, workers separated on or after May 1, Section 221 of the Act. of the firm or subdivision have 1982. The purpose of each of the decreased absolutely, and TA-W-14,471; Bethlehem Steel Corp., investigations is to determine whether (3) That increases of imports of Sparrows Point Plant, Pipe Mills, the workers are eligible to apply for articles like or directly competitive with Sparrows Point, MD adjustment assistance under Title II, articles produced by the firm or A certification was issued covering all Chapter 2, of the A.ct. The investigations appropriate subdivision have workers separated on or after January will further relate, as appropriate, to the contributed importantly to the 30/1983 and before June 30,1983. determination of the date on which total separations, or threat thereof, and to the TA-W-14,433; SKW Alloys, Inc., or partial separations began or absolute decline in sales or production. Niagara Falls, NY threatened to begin and the subdivision Negative Determinations A certification was issued covering all of the firm involved. In each of the following cases the workers producing ferrochrome silicon The petitioners or any other persons investigation revealed that criterion (3) who were separated on or after January showing a substantial interest in the has not been met. A survey of customers 28.1982 and before February 1,1983. subject matter of the investigations may indicated that increased imports did not TA-W-14,417; Elizabeth Undergarments request a public hearing, provided such contribute importantly to worker Corp., Hackettstown, Nf request is filed in writing with the separations at the firm. A certification was issued covering all Director, Office of Trade Adjustment TA-W-14,571; Allied Chemical Co., Tar workers separated on or after January Assistance, at the address shown below, Products Department, Ironton, OH 24.1982 and before February 1,1983. not later than October 7,1983. TA-W-14,470; Arco Aluminum Co., TA-W-14,192; Kinney Shoe Corp., Interested persons are invited to Columbus Falls, MT R om ney II, Rom ney, W. VA submit written comments regarding the 4 41 30 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices subject matter of the investigations to available for inspection at the Office of Signed at Washington, D.C., this 19th day the Director, Office of Trade Adjustment the Director, Office of Trade Adjustment of September 1983. Assistance, at the address shown below, Assistance, Employment and Training Marvin M. Fooks, not later than October 7,1983. Administration, U.S. Department of Director, Office of Trade Adjustment The petitions filed in this case are Labor, 601 D Street, NW., Washington, Assistance. D.C. 20213. /

Appendix

Date Date of Petitioner union/workers of former workers of— Location Petition No. Articles produced received petition

C.G.R. Medical Corp. (IUE)...... Baltimore, MD...... 9/9/83 9/7/83 TA-W-14,990...... X-ray equipment Bessert Manufacturing Co. (workers)...... Utica, New York...... 9/13/83 8/22/83 TA-W-14,991____ Metal stampings. Harris Graphics Corp., Bindery System Div. (UAW)...... Elyria, Ohio...... 9/13/83 9/8/83 TA-W-14,992...... Collators, multibinders, saddlebinders, bindery equipment. 9/14/83 9/9/83 TA-W-14,993...... Ladies' dresses. 9/13/83 9/9/83 TA-W-14,994...... Transporting coal, iron ore, and limestone. U.S. Steel, Limestone Operation, Cedarviile Plant (USWA)... Port Dolomite, Michigan___ 9/13/83 9/9/83 TA-W-14,995...... Limestone. " U.S. Steel Corp., Limestone Vessels & Limestone Oper- Rogers City, Michigan...... 9/13/83 9/9/83 TA-W-14,996...... Limestone operation & transporting of limestone. ation (USWA). U.S. Steel Corp., Limestone Operation, Dolonal Quarry Bessemer, AL...... 9/13/83 9/9/83 TA-W-14,997...... Mine limestone. (USWA). U.S. Steel Corp., Limestone Operation, Conneaut Plant Conneaut, Ohio...... 9/13/83 9/9/83 TA-W-14,998____ Limestone. (USWA). 9/13/83 9/9/63 TA-W-14,999 ____ D & L Coal, Inc. (UMWA)...... 8/31/83 8/24/83 TA-W-15,000...... 8/31/83 8/24/83 TA-W-15,001...... Mine steam & metallurgical coed. Enoxy Coal Corp. (UMWA)...... '....'...... Ragland’ WV...... 8/31/83 8/23/83 TA-W-15,002...... Prep, plant 9/12/83 9/8/83 TA-W-15,003...... Cement 9/13/83 9/2/83 TA-W-15,004...... 9/13/83 9/9/83 TA-W-15,005...... Synthetic rubber and plastics. Sarama Lighting of Pennsylvania, Inc. (workers)...... Nesquehoning, PA___ ...... 9/14/83 9/7/83 TA-W-15,006____ Assembled lighting fixtures, screened, bent & cut glass, fabricated metal parts & spray painted. Superior Pocahontas Coal Oo. (UMWA)...... Ragland, WV...... 8/31/83 8/24/83 TA-W-15,007____ Mine steam coaL

[FR Doc. 83-26321 Filed »-26-83; 8:45 am] light to guarantee coupling on impact Request for Comments BILUNG CODE 4510-30-M with automatic couplers, and the stress Persons interested in this petition may and strain of automatic couplers may furnish written comments. These Mine Safety and Health Administration cause structural failure and result in comments must be filed with the Office coupler misalignment, accidental of Standards, Regulations and [Docket No. M-83-82-C] uncouplings and supply car runaways. Variances, Mine Safety and Health The automatic couplers also lack the Kentiand-Elkhorn Coal Corp.; Petition Administration, Room 627, 4015 Wilson flexibility to negotiate some of the rail for Modification of Application of Boulevard, Arlington, Virginia 22203. All Mandatory Safety Standard curves, and could cause derailments, comments must be postmarked or creating the chances of an accident or received in that office on or before Kentland-Elkhom Coal Corporation, injury to persons working nearby. October 27,1983. Copies of the petition P.O. Box 500, Mouthcard, Kentucky 4. As an alternate method, petitioner are available for inspection at that 41548 has filed a petition to modify the proposes to use a pin and link coupling address. application of 30 CFR 75.1405 (automatic device in lieu of automatic couplers. In Dated: August 18,1983. couplers) to its Feds Creek No. 2 Mine support of this request, petitioner states Patricia W . Silvey, (I.D. No. 15-02500), Kentland No. 1 Mine that: (I.D. No. 15-10197), and Cain Branch Director, Office o f Standards, Regulations and Variances. Mine (I.D. No. 15-12322) all located in a. The locomotives and supply cars Pike County, Kentucky. The petition is will be brought to a complete stop [FR Doc. 63-26322 Filed »-26-83; 8:45 am] filed under section 101(c) of the Federal before coupling or uncoupling BILLING CODE 4510-43-M Mine Safety and Health Act of 1977. operations begin. The trolley poles will A summary of the petitioner’s be removed from the wires and the supply car will be scotched; Pension and Welfare Benefit statements follow: Programs 1. The petition concerns the b. Only those persons operating the requirement that haulage equipment be track locomotives will couple or Pillsbury, Madison & Sutro Retirement equipped with automatic couplers which uncouple the supply cars. These Plan, et a!.; Grant of Individual couple by impact and uncouple without individuals will not position themselves Exemptions the necessity of persons going between between the cars but will lean over the the ends of such equipment. small cars to align a link or drop a pin in AGENCY: Pension and Welfare Benefit 2. Coal is transported by conveyor place; and Programs, Labor. belt systems. The track is used to c. All employees will receive training ACTION: Grant of individual exemptions. transport personnel and supplies only. and instruction in these procedures and The tracks and belts are in the same SUMMARY: This document contains these procedures will be incorporated entries and each mine has a narrow exemptions issued by the Department of radius curve with several steep grades into the annual retraining program. Labor (the Department) from certain of and uneven mine floors. 5. Petitioner states that the proposed the prohibited transaction restrictions of 3. One supply car, along with one alternate method will provide the same the Employee Retirement Income trolley-powered track locomotive, is degree of safety for the miners affected Security Act of 1974 (the Act) and/or the used to transport supplies in each mine. as that afforded by the standard. Internal Revenue Code of 1954 (the The cars in each mine are old and too Code). Federal Register / Voi. 48, No. 188 / Tuesday, September 27, 1983 / Notices 44131

Notices were published in the Federal Sutro, provided that the terms of the located in Chicago, Illinois, as described Register of the pendency before the transaction are not less favorable to the in Part IV of the Notice, to certain Department of proposals to grant such Plan than those obtainable in an arm’s parties in interest with respect to the exemptions. The notices set forth a length transaction with an unrelated Trust; summary of facts and representations party. (b) The future leasing of space in contained in each application for For a more complete statement of the these properties to parties in interest; exemption and referred interested facts and representations supporting the provided that with respect to both the persons to. the respective applications Department’s decision to grant this past and future leases: (i) The rental for a complete statement of the facts exemption refer to the notice of amounts and other lease terms are not and representations. The applications proposed exemption published on more favorable to the party in interest have been available for public August 5,1983 at 48 FR 35744. lessees than those terms available to inspection at the Department in For Further Information Contact: Alan unrelated parties occupying like or Wasington, D.C. The notices also invited H. Levitas of the Department, telephone similar space; and (ii) any renewal or interested persons to submit comments (202) 523-8971. (This is not a toll-free modifications of such leases are on the requested exemptions to the number.) nogotiated by Centre Properties Ltd., Department. In addition the notices and monitored by Heitman Advisory stated that any interested person might Allied Bancshares, Inc. (Allied) Located in Houston, Texas Corporation (Heitman), or another Trust submit a written request that a public fiduciary not related to or affiliated with hearing be held (where appropriate). [Exemption Application No. D-4387; the party in interest lessee; and The applicants have represented that Prohibited Transaction Exemption 83-155] they have complied with the (c) The current or future leasing of Exem ption space to parties in interest in any real requirements of the notification to estate owned directly by the Trust or interested persons. No public comments The restrictions of section 406 (a) and (b) of the Act shall not apply to the where the Trust has an interest, as and no requests for a hearing, unless described in Part V of the Notice, otherwise stated, were received by the reinsurance of risks and the receipt of Department. premiums therefrom by Allied Life provided: (i) The party in interest leases either: (A) Have been negotiated on an The notices of pendency were issued Insurance Company of Texas from the and the exemptions are being granted insurance contracts sold by the arm’s-length basis prior to the Trust’s solely by the Department because, Prudential Insurance Company of investment and Heitman was the Trust effective December 31,1978, section 102 America to provide benefits to various fiduciary responsible for the Trust’s of Reorganization Plan No. 4 of 1978 (43 employee benefit plans maintained by investment in the property; (B) will be FR 47713, October 17,1978) transferred Allied, provided the conditions set forth negotiated by Heitman or its affiliates; the authority of the Secretary of the in the notice of proposed exemption are or (C) will be negotiated by a managing Treasury to issue exemptions of the type satisfied. partnership, as described in the Notice, proposed to the Secretary of Labor. For a more complete statement of the in which the Trust is a partner and the facts and representations supporting the party in interest lessee is not an affiliate Statutory Findings Department’s decision to grant this of such managing partner and all are In accordance with section 408(a) of exemption refer to the notice of monitored by Heitman; and (ii) the terms the Act and/or section 4975(c)(2) of the proposed exemption published on July of such leases are not more favorable to Code and the procedures set forth in 19,1983 at 48 FR 32898. party in interest tenants than those ERISA Procedure 75-1 (40 FR 18471, For Further Information Contact: Gary available to unrelated parties occupying April 28,1975), and based upon the H. Lefkowitz of the Department, like or similar space in such property. entire record, the Department makes the telephone (202) 523-8881. (This is not a v For more complete statement of the following findings: toll-free number.) facts and representations supporting the (a) The exemptions are Department’s decision to grant this administratively feasible; The Bell System Pension Trust; the Bell exemption refer to the notice of (b) They are in the interests of the System Management Pension Plan proposed exemption published on July plans and their participants and Trust; and the Bell System Trust (the 22,1983 at 48 FR 33557. beneficiaries; and Trust) Located in New York, New York Effective Date: This exemption is (c) They are protective of the rights of [Application Nos. D-4450 et al.; Prohibited effective February 10,1981, with respect the participants and beneficiaries of the Transaction Exemption 83-156] to Century Properties Real Estate; plans. February 17,1981, with respect to the Exem ption Beaumont Properties; January 6,1982, PiHshury, Madison & Sutro Retirement The restrictions of section 406(a) of with respect to the Xerox Centre; and Plan (flie Plan) Located in San the Act and the sanctions resulting from Francisco, California effective with respect to the transactions the application of section 4975 of the described in Part V of the Notice upon [Exemption Application No. D-4362; Code, by reason of section 4975 (c)(1) the date of Publication of this grant of Prohibited Transaction Exemption 83-154) (A) through (D) of the Code shall not an individual exemption. Exem ption apply to: For Further Information Contact: Mr. (a) The past leasing of space by the David Stander of the Department, The restrictions of section 406(a), Trust, including any renewals or telephone (202) 523-8881. (This is not a 406(b)(1) and (b)(2) of the Act and the modifications thereof, in, respectively, toll-free number.) sanctions resulting from the application the Century Properties Real Estate, of section 4975 of the Code by reason of located in Sims Valley, California, as General Information section 4975(c)(1) (A) through (E) of the described in Part II of the notice of The attention of interested persons is Code, shall not apply to the proposed proposed exemption (the Notice); the directed to the following: loan, not to exceed the lesser of $6 Beaumont Properties, located in (1) The fact that a transaction is the million or 25% of the Plan’s assets, by Beaumont, Texas, as described in Part subject of an exemption under section the Plan to Pillsbury, Madison and III of the Notice; the Xerox Centre, 408(a) of the Act and/or section 44132 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices

4975(c)(2) of the Code does not relieve a who are in default. Disclosures can only AUTHORITY FOR MAINTENANCE OF THE fiduciary or other party in interest or be made to credit bureaus. SYSTEM: disqualified person from certain other The Board has identified its system of 5 U.S.C. 1205, 5501 et seq., 5525 et seq., provisions of the Act and/or the Code, records entitled, “MSPB/Intemal-1, Pay 5701 et seq., and 6301 et seq.; 31 U.S.C. including any prohibited transaction Leave and Travel Records” as a system 66a. provisions to which the exemption does from which it may be appropriate to not apply and the general fiduciary make disclosure pursuant to section PURPOSE(S) responsibility provisions of section 404 (b)(12) of the Privacy Act. In order to These records are used to administer of the Act, which among other thirigs facilitate such disclosures, the Board the pay, leave, and travel functions of require a fiduciary to discharge his amends its respective system of records the Merit Systems Protection Board. duties respecting the plan solely in the notice to reflect the new authority ROUTINE USES OF RECORDS MAINTAINED IN interest of the participants and conferred by the Debt Collection Act beneficiaries of the plan and in a THE SYSTEM, INCLUDING CATEGORIES OF and to correct the System Location and USERS AND THE PURPOSES OF SUCH USES: prudent fashion in accordance with System Manager to reflect current Information from these records may section 404(a)(1)(B) of the Act; nor does administrative organizational be disclosed: it affect the requirement of section responsibility for the system. 401(a) of the Code that the plan must a. To the Department of the Treasury EFFECTIVE DATE: September 27,1983. operate for the exclusive benefit of the to issue checks and U.S. Savings Bonds. employees of the employer maintaining ADDRESS: Office of the Secretary, Merit b. To the Department of Labor in the plan and their beneficiaries; Systems Protection Board, 1120 Vermont connection with a claim filed by an (2) These exemptions are Avenue, NW., Washington, DC 20419. employee for compensation due to a job- connected injury or illness. supplemental to and not in derogation FOR FURTHER INFORMATION CONTACT. c. To State offices of unemployment of, any other provisions of the Act and/ Kathy Semone, Assistant Secretary, compensation in connection with claims or the Code, including statutory or 202-653-7200. administrative exemptions and filed by former MSBP employees for transitional rules. Furthermore, the fact Dated: September 20,1983. unemployment compensation. that a transaction is subject to an For the Board. d. To Federal Employees’ Group Life administrative or statutory exemption is Herbert E. Ellingwood, Insurance or Health Benefits carriers in not dispositive of whether the Chairman. connection with survivor annuity or transaction is in fact a prohibited health benefits claims or records transaction. MSPB/INTERNAL-1 reconciliations. e. To the Internal Revenue Service (3) The availability of these SYSTEM NAME: exemptions is subject to the express and State and local tax authorities. condition that the material facts and Pay, Leave, and Travel Records. f. To the Social Security representations contained in each Administration in connection with FICA SYSTEM LOCATION: application accurately describes all withholdings and benefits. material terms of the transaction which Office of the Comptroller, Merit g. To the Office of Personnel is the subject of the exemption. Systems Protection Board (MSPB), 1120 Management in connection with payroll deductions for Civil Service retirement Signed at Washington, D.C., this 22nd day Vermont Avenue, NW., Washington, of September, 1983. D.C. 20419, and MSPB Regional Offices. plans. j . • Alan D. Lebowitz, h. To the Combined Federal Campaign CATEGORIES OF INDIVIDUALS COVERED BY THE in connection with payroll deductions Assistant Administrator for Fiduciary SYSTEM: Standards, Pension and Welfare Benefit for charity. Programs, Labor-Management Services Current and former employees of the i. To the authorized employees of Administration, U.S. Department of Labor, Merit Systems Protection Board. another Federal agency that provides (FR Doc. 63-26325 Filed 9-26-83; 8:45 am] MSPB with manual and automated CATEGORIES OF RECORDS IN THE SYSTEM: BILUNG CODE 4510-29-M assistance in processing pay, leave, and This system, both manual and travel records. automated, contains various records j. In the event the individual to whom MERIT SYSTEMS PROTECTION relating to pay, leave, and travel. This the record pertains dies, to the person BOARD includes information such as: Name; appointed as representative of the date of birth; social security number; estate, or the person designated by the Privacy Act of 1974; Amendment to home address; grade; employing representative, or to a designated System of Records organization; timekeeper number; beneficiary. When a representative of salary; pay plan; number of hours the estate has not been appointed, the a g e n c y : Merit Systems Protection worked; leave accrual, usage, and individual’s next of kin may be Board. balance; Civil Service Retirement recognized as the representative of the ACTION: Notice; amendment of Privacy contributions; FICA withholdings; estate. Act system of records for purposes of Federal, State, and Local tax k. To officials of labor organizations the Debt Collection Act. withholdings; Federal Employees’ Group recognized under 5 U.S.C. Chapter 71 as Life Insurance withholdings; Federal to the identity of Board employees s u m m a r y : The Debt Collection Act of Employees’ Health Benefits contributing union dues each pay period 1982 amends the Privacy Act of 1974 to Withholdings; charitable deductions; and the amount of dues withheld from provide a new general disclosure allotments to financial organizations; each contributor. authority, codified at 5 U.S.C. garnishment documents; savings bond l. To officials of labor organizations 552a(b)(12), which permits agencies to allotments; union and management recognized under 5 U.S.C. Chapter 71 disclose from certain of their systems of association dues withholding when relevant and necessary to their records information about borrowers allotments; and travel expenses. duties of exclusive representation Federal Register / VoL 48, No. 188 / Tuesday, September 27, 1983 / Notices 44133

concerning personnel policies, practices, from this system to “consumer reporting regulations set forth at 5 CFR 1201.11 and matters affecting working agencies’’ as defined in the Fair Credit regarding access to records and conditions. Reporting Act (15 U.S.C. 1681a(f)) on the verification of identity. m. To the appropriate Federal State, Federal Claims Collection Act of 1966 or local agency responsible for (31 U.S.C. 3701(a)(3)).” CONTESTING RECORD PROCEDURES: investigating, prosecuting, enforcing, or Individuals wishing to request implementing a statute, rule, regulation, POLICIES AND PRACTICES OF STORING, amendment of records about them or order, where the MSPB becomes RETRIEVING, ACCESSING, RETAINING, AND should contact the System Manager aware of an indication of a violation or DISPOSING OF RECORDS IN THE SV8TEM: indicated above, or die MSPB Regional potential violation of civil or criminal STORAGE: Office where the individual is or was law or regulation. These records are maintained in file n. To any source from which the employed. Individuals must furnish the folders and loose leaf binders, and on following information for their records MSPB requests additional information cards, magnetic tapes and discs. relevant to an MSPB determination to be located and identified: concerning an individual’s pay, leave, or retrievability : a. Full name; and travel expenses, to the extent necessary These records are retrieved by name, b. Date of birth. «* to identify the individual, inform the social security number, or Merit Systems Individuals requesting amendment of source of the purpose(s) of the request, Protection Board employee their records must also follow the - and to identify the type of information identification number. MSPB’s Privacy Act regulations set forth requested. at 5 CFR 1205.21 regarding amendment o. To the Federal agency, at its SAFEGUARDS: of records and Verification of identity. request, for purposes connected with: These records are located in lockable The hiring or retention of an employee; metal filing cabinets or in a secured RECORD SOURCE CATEGORIES: the issuance of a security clearance; the facility and are available only to a. The individual to whom the record conduct of a suitability or security authorized personnel. pertains;

investigation of an individual; the RETENTION AND DISPOSAL: b. Merit systems Protection Board classification of a job; the letting of a These records are maintained for officials responsible for pay, leave and contract; or the issuance of a license, varying periods of time in accordance travel functions; and grant, or other benefit by the requesting with GSA General Records Schedule 2. c. Other official personnel documents agency, to the extent that the Disposal of manual records is by of MSPB information is relevant and necessary to shredding or burning; magnetic tapes [FR Doc. 83-26312 Filed 9-26-83; 8:45 am] the requesting agency’s decision on the BILLING CODE 7400-01-M matter. and discs are erased. p. To the Office of Management and SYSTEM MANAGER AND ADDRESS: Budget at any stage in the legislative Office of the Comptroller, Merit NATIONAL SCIENCE FOUNDATION coordination and clearance process in Systems Protection Board, 1120 Vermont connection with private relief legislation Avenue, N.W., Washington, D.C. 20419. Civil and Environmental Engineering as set forth in OMB Circular No. A-19. Subcommittee; Meeting q. To a congressional office from the NOTIFICATION PROCEDURE: record of an individual in response to an Individuals wishing to determine In accordance with the Federal inquiry from that congressional office whether this system of records contains Advisory Committee Act, Pub. L 92-463, made at the request of that individual. information about them should contact as amended, the National Science r. To another Federal agency or to a the system Manager indicated above or Foundation announces the following court when the Government is party to a the MSPB Regional Office where the meeting: judicial proceeding before the court. individual is or was employed. Name: Subcommittee for Civil and s. To the National Archives and Individuals must furnish the following Records Service (General Services information for their records to be Environmental Engineering (CEE) of Administration) pursuant to records located and identified: the Advisory Committee for management inspections conducted a. Full name: and Engineering under authority of 44 U.S.C. 2904 and b. Date of birth. Date and Time: October 13,1983—9:30 2906. Individuals making inquiries as to the a.m. to 5:00 p.m.; October 14,1983— t. In response to a request for existence of records pertaining to 9:00 a.m. to 12:30 p.m. discovery or for appearance of a themselves must also follow the MSBP’s Place: Nolte Center, 315 Pillsbury Drive, witness, if the information is relevant to Privacy Act regulations set forth at 5 S.E.—Room 140, University of the subject matter involved in a pending CFR 1205.11 regarding such inquiries. judicial or administrative proceeding. Minnesota, Minneapolis, Minnesota u. To officials of the Office of RECORD ACCESS PROCEDURES: Type of Meeting: 10/13/83—9:30 a.m. to Personnel Management, the Federal Individuals requesting access to their 5:00 p.m. Open; 10/14/83—9:00 a.m. to Labor Relations Authority and the Equal records should contact the System 12:30 p.m. Open Employment Opportunity Commission Manager indicated above or the MSPB Contact person: Dr. William S. Butcher, when requested in the performance of Regional Office where the individual is Director, Division of Civil and or was employed. Individuals must their authorized duties. Environmental Engineering, Room v. To the General Accounting Office furnish the following information for for auditing purposes. their records' to be located and 1132, National Science Foundation, indentified: Washington, D.C. 20550 Telephone: DISCLOSURE TO CONSUMER REPORTING a. Full name; and (202) 357-9545 AGENCIES: b. Date of birth. Summary Minutes: May be obtained Disclosures pursuant to 5 U.S.C. Individuals requesting access must from the Contact Person 552a(b)(12): Disclosures may be made also follow the MSPB’s Privacy Act Agenda: 4 4134 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices

Thursday, October 13—Open—9:30 a.m. atomic nuclei. NSAC activities will 5. Suffolk County Motion ttf'Compel to 12:30 p.m. include assessment of and Discovery from FEMA (Documents). 9:30—General Report by Division recoihmendations concerning: 6. LILCO Objections to Suffolk County Director a. Objectives, directions, and Request for Production of Documents. 10:30—Briefing of Subcommittee on development of the field of basic nuclear 7. Suffolk County Motion to Compel Programs of the Division research; LILCO Response to Interrogatory (a) Geotechnical Engineering b. Adequacy of present facilities and Concerning LERO Workers. (b) Structural Mechanics the need and relative priority for new The Discovery Conference will also (c) Hydraulics, Hydrology, and Water facilities; consider the future course of discovery Resources Engineering c. Facility and instrumentation in this proceeding and the resolution of (d) Environmental and Water Quality development programs needed to future discovery disputes. Engineering advance the field; The Atomic Safety and Licensing Board. (e) Construction Engineering and d. Institutional balance of support for Jam es A. Laurenson, Building Research optimized scientific productivity and * (f) Earthquake Hazard Mitigation training of nuclear scientists; Chairman, Administrative Law Judge. 12:30—Recess e. Relationships of basic nuclear [FR Doc. 83-26313 Filed 9-26-83; 8:45 am] 2:00— research with other fields of science. BILLING CODE 7590-01-M • Discussion of research issues in Authority for the DOE/NSF Nuclear civil engineering Science Advisory Committee shall • Future activities and outlook expire on Sepember 23,1985 unless [Docket No. 40-8781] • International research formal determination is made that Teton Exploration Drilling Co., Inc,; continuance is in the public interest. Friday, O ctober 14—Open—9:00 a.m. to Availability of Final Environmental 12:30 p.m . Edward A. Knapp, Statement for the Teton Project in Director. 9:00—Discussion of Division-wide Converse County, Wyoming concerns, including growth of the September 22,1983. ]FR Doc. 83-26250 Filed 9-28-83; 8:45 am] Pursuant to the National Division, needed research in BILUNG CODE 7555-01-M Environmental Policy Act of 1969 and problems of the infrastructure, the United States Nuclear Regulatory hazardous waste disposal, Commission’s regulations in 10 CFR Part construction engineering, etc. NUCLEAR REGULATORY 51, notice is hereby given that a Final Other Business COMMISSION Environmental Statement (FES) 13:30—Adjourn [Docket No. 50-322-OL-3] prepared by the Commission’s Uranium September 22,1983. Recovery Field Office, related to the Long island Lighting Co. (Shoreham M. Rebecca Winkler, proposed operation of the Teton Nuclear Power Station, Unit 1), Committee Management Coordinator. Solution Mining Project located at the Emergency Planning Proceeding [FR Doc. 83-26249 Filed 9-26-83; 8:45 am] Leuenberger site in Converse County, BILLING CODE 7555-01-M Discovery Conference Wyoming is available for inspection by September 21,1983. the public in the Commission’s Public a Document Room (PDR) at 1717 H Street DOE/NSF Nuclear Science Advisory Please take notice that discovery NW., Washington, D.C. 20555. Based Committee to the National Science conference of counsel will be held in upon successful R&D testing, Teton Foundation; Renewal and Transfer of this proceeding on Monday, September 26,1983, commencing at 10:30 a.m., in Exploration Drilling Co., Inc. (the Pursuant to the Federal Advisory the Nuclear Regulatory Commission, Applicant) has applied under Docket Committee Act (Pub. L. 92-463), I hereby Commissioners’ Conference Room, 1717 No. 40-8781 for a Source and Byproduct certify that renewal of the DOE/NSF H Street, NW„ Eleventh Floor, Material License approving commercial- Nuclear Science Advisory Committee Washington, D.C. 20006. scale uranium solution mining of and transfer from the Department of The attendance of the following is approximately eighty acres by injecting Energy to the National Science required: Long Island Lighting Co. a carbonate/bicarbonate lixiviant into Foundation is in the public interest in (“LILCO”), Suffolk County, Federal the orebody. Copies of the FES are being connection with the performance of Emergency Management Agency provided to the State Planning duties imposed upon the National (“FEMA”) and NRC Staff. All other Coordinator, Office of the Governor, Science Foundation. This' determination parties are welcome to attend. 2320 Capitol Avenue, Cheyenne, follows consultation with the Committee Those in attendance must have full Wyoming 82002, and the Converse Management Secretariat, General authority to settle, compromise, argue County Library, 300 Walnut Street, Services Administration and is and dispose of all pending discovery Douglas, Wyoming 82633. Requests for consistent with the Federal Advisory motions. copies of the Final Environmental Committee Act and other applicable The Discovery Conference will Statement (identified as NUREG-0925) regulations. consider pending discovery motions as should be addressed to the U.S. Nuclear The DOE/NSF Nuclear Science follows: Regulatory Commission, Washington, Advisory Committee (NSAC) will 1. Suffolk County Motion to Compel D.C. 20555, ATTN: Division of Technical provide advice to both the Department Responses to Discovery Requests Information and Document Control. of Energy and the National Science Relating to Non-LILCO Support The Applicant’s environmental Report Foundation on scientific priorities within Organizations. and supplements, and the Draft the field of basic nuclear research. Basic 2. Suffolk County Motion to Compel Environmental Statement (DES) are also nuclear research is understood to Discovery (from FEMA). available for public inspection at the encompass experimental and theoretical 3. Suffolk County Motion for a above-designated locations. Notices of investigations of the fundamental Protection Order. the availability of the Applicant’s interactions, propertiès, and structure of 4. LILCO Motion for Protective Order. Environmental Report and the DES were Federal Register / Vol, 48, No. 188 / Tuesday, September 27, 1983 / Notices 4 4135

published in the Federal Register on Birthright Trust (“ABT”) 450 Australian May 4,1981 (46 FR 25020), and July 9, director of the Funds since December, Avenue South, West Palm Beach, 1980, and has served on the Audit 1982 (FR Doc. 82—18867), respectively. Florida, 33401, Tax-Managed Fund for Committee of the boards. Applicants All comments on the DES received by Utility Shares, Inc. (“TME”) (jointly represent that Mr. Kudish was originally the Commission are published with the referred i o as the “Funds”), both of appointed to the Fund boards pursuant FES and Federal, State, and local which are open-end management to the terms of a court order, including agencies, and interested persons who investment companies registered under the requirement that the Commission submitted comments are being provided the Investment Company Act of 1940 have no objection to Mr. Kudish’s copies of the FES. (“Act”), and David J. Kudish 1200 appointment. Applicants represent that Dated at Denver, Colorado this 24th of Shermer Road, Suite 310, Northbrook, SIG has no direct or indirect business August, 1983 Illinois, 60062, (812-5572) (collectively relationship with the Funds, FNB, For the Nuclear Regulatory Commission. referred to with the Funds as ABTM, or ABT Financial Services, Inc. R. Dale Smith, “Applicants”) filed an application on (“ABTF”), the Funds’ principal Director, Uranium Recovery Field Office, June 13,1983, and an amendment thereto underwriter. Applicants further Region IV. on August 29,1983, for an order of the represent that Mr. Kudish has no [FR Doc. 83-26314 Filed 9-26-63; 8:45 am] Commission, pursuant to Section 6(c) of interest in either FNB, the Funds’ current BILLING CODE 7590-81-11 the Act, exempting Mr. Kudish, a trustee investment adviser, or ABTM, its and director of the Funds, from the predecessor. In addition, Applicants definition of “interested person” in assert that, prior to SIG’s registration as [D o cket No. 50-445, 50-446] Section 2(a)(19) of the Act, solely for a broker-dealer, Mr. Kudish was not purposes of determining compliance deemed to be an interested person of the Texas Utilities Generating Co., et al. with Section 15(f)(1)(A) of the Act. All (Comanche Peak Steam Electric Funds, FNB or ABTM. Applicants interested persons are referred to the further assert that Mr. Kudish’s Station, Units 1 and 2); Application for application on file with the Commission Operating License affiliation with SIG and SIG’s for a statement of the representations registration as a broker-dealer took contained therein, which are September 21,1983. place approximately six months after, summarized below. Such persons are On October 18 and 19,1983 the and was in no way related to, the also referred to the Act for the complete Atomic Safety and Licensing Board transaction between FNB and ABTM. text of the provisions thereof, including (Board) will continue its evidentiary Applicants submit that Mr. Kudish’s Section 6(c) of the Act, which are hearing in this case at the Metro Center affiliation with SIG has in no way relevant to a consideration of the affected his ability to perform the duties Hotel, 600 Commerce Street, Fort Worth, application. and obligations contemplated by Section Texas (telephone: 817-332-6900). The Applicants state that on August 4, 15(f)(1)(A) of the Act and assert that Mr. hearing will consider the Nuclear 1982, First National Bank in Palm Beach Kudish’s personal stature assures that Regulatory Commission Staffs review of (“FNB”), investment adviser to the the fuel building. he has been and continues to be in a Funds, purchased from the Funds’ position to act independently on behalf Ordinary hours of hearing will be previous investment adviser, American of the Funds and their shareholders as from 9 am to 5 pm, subject to periodic Birthright Trust Management, Inc. contemplated by that section. recesses and to extension of hours in (“ABTM”), certain assets relating to its order to complete the hearing during the advisory business. Applicants represent Applicants state that SIG acts scheduled time period. Because the that Mr. Kudish is President, director principally as an introducing broker Board’s time is expected to be dedicated and sole shareholder of Stratford through arrangements with other entirely to the receipt of evidence, there Investment Group, Inc. (“SIG”), an registered broker-dealers. Applicants are no plans for permitting limited Illinois corporation which registered as state that SIG is not a principal appearance statements during this a broker-dealer on February 28,1983, underwriter or sponsor of any mutual session of hearings. The hearing may be and whose registration became effective fund and does not act as a retailer of enlarged to include the entire week on March 16,1983. Accordingly, Mr. mutual fund shares. Applicants further beginning October 17 should an NRC Kudish may be deemed to be an state that shares of the Funds are sold investigation be completed in time for affiliated person of a registered broker- through ABTF, the Funds’ principal the parties to be prepared to examine dealer and thus an interested person of underwriter, directly and through dealer the investigation findings. the Funds and of FNB. Applicants state agreements with broker-dealers For the Atomic Safety and Licensing Board. that if Mr. Kudish is deemed to be an registered under the securities Exchange Peter B. Bloch, interested person of FNB, two of the Act of 1934. Applicants represent that SIG has not and will not enter into any Chairman, Administrative fudge. seven members of the Funds’ boards will be interested persons of FNB, the arrangement with ABTF (or any other [FR Doc. 83-26315 Filed 9-26-83; 8:45 am] registered broker-dealer) for the BILLING CODE 75S0-01-M Funds’ investment adviser, and the requirement of Section 15(f)(1)(A) of the purchase or sale of shares of the Funds. Act that at least 75 percent of the boards Applicants also state that Mr. Kudish also serves are President, Secretary, SECURITIES AND EXCHANGE of directors not be interested persons of Treasurer, Managing Director and sole COMMISSION the investment adviser might not be satisfied. shareholder of Stratford Advisory [R elease No. 13515; 812-5572] Applicants maintain that Mr. Kudish Group, Inc. (“SAG”), a registered is a man of recognized integrity, investment adviser under the American Birthright Trust, et al; and intelligence, judgment, independence Investment Advisers Act of 1940. David J. Kudish Filing of Application and standing who has been a valuable Applicants state that SAG’s principal for an Order member of the boards of the Funds. business is providing investment Applicants state that Mr. Kudish has consultation and counsel to pension, Notice is hereby given that American been an independent trustee and profit-sharing and charitable/ 4 41 36 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices endowment funds. Applicants further For the Commission, by the Division of affidavit or, in the case of an attorney at state that SAG analyzes the advantages Investment Management, pursuant to law, by certificate) should be filed with and disadvantages of investing in delegated authority. the request. Any request for a hearing various classes of assets (stocks, bonds, George A. Fitzsimmons, shall identify specifically the issues of real estate, etc.) and not the merits of Secretary. fact or law that are disputed. A person investing in any specific security. [FR Doc. 83-26234 Filed 9-26-63; 8:45 am] who so requests will be notified of any Applicants submit that Mr. Kudish’s BILLING CODE 8010-01-M hearing and will receive a copy of any organization of and affilitation with notice or order issued. After said date, SAG is in no way related to the the application-declaration, as amended, [Release No. 23067; 70-6848] transaction between FNB and ABTM. may be granted and permitted to become effective. Applicants represent that SAG has no American Electric Power Company, direct or indirect business relationship Inc., and Columbus and Southern Ohio For the Commission, by the Division of with the Funds, FNB, ABTM, or ABTF. Electric Co^ Proposed Sale of Utility Corporate Regulation, pursuant to delegated Applicants further represent that SAG Assets authority. does not provide advice with respect to George A. Fitzsimmons, the purchase or sale of specific American Electric Power Company, Secretary. securities and, accordingly, does not Inc. (“AEP”), 180 East Broad Street, [FR Doc. 83-26236 Filed 9-26-83; 8;45 am] make recommendations to its clients Columbus, Ohio 43215, a registered BILUNG CODE 8010-01-M concerning the purchase or sale of holding company, and its electric utility subsidiary, Columbus and Southern shares of the Funds. Applicants Ohio Electric Company (“C&SOE”), 215 maintain that Mr. Kudish’s affiliation [Release No. 882; 803-27] North Front Street, Columbus, Ohio with SAG has in no way affected his 43215, have filed with this Commission a CIGNA Capital Advisers, Inc.;, Filing of ability to perform the duties and post-effective amendment to an Application for an Order of Exemption obligations contemplated by Section application-declaration and an 15(f)(1)(A) of the Act. amendment thereto under Sections 9(a), Notice is hereby given the CIGNA Applicants represent that neither SIG 10, and 12(d) of the Public Utility Capital Advisers, Inc. (“Applicant”) nor SAG has received or will receive Holding Company Act of 1935 (“Act”) CIGNA Corporation, Hartford, any direct or indirect renumeration or and Rules 43 and 44 under the Act. Connecticut 06152, a wholly-owned other benefit in connection with the By prior order in this proceeding subsidiary of CIGNA Corporation which is registered as an investment adviser transaction between FNB and ABTM or (HCAR No. 22913, April 15,1983), under the Investment Advisers Act of with the sale of shares of the Funds C&SOE received authorization to sell 1940 (“Act”), filed an application on generally. Applicants further represent certain diesel-driven and gas turbine November 2,1982 and amendments that the Funds have never engaged in generating units to Alaska Electric Light & Power Company (“Alaska”), a thereto on July 22 and August 25,1983, any portfolio transactions with SIG and, nonaffiliated company. C&SOE now for an order to the Commission, if the Commission exempts Mr. Kudish seeks authorization to sell, at a price pursuant to Section 206A of the A ct from the provisions of Section 2(a)(19) of equal to or greater than net depreciated exempting Applicant’s proposed the Act to the extent requested, the value, three additional, 2.5 megawatt, performance fee arrangement with Funds will not transact any portfolio diesel-driven peaking units with respect to advice rendered on real estate business with SIG for so long as Mr. associated equipment and real estate securities from the Kudish serves on the boards of the The three units had a total original performance fee prohibition of Section Funds. Applicants state that such cost to C&SOE of $592,491, and, as of 205(1) of the A ct All interested persons undertaking will in no way adversely December 31,1982, had a net are referred to the application on file affect the Fund’s ability to effect their depreciated value of $344,313. If with the Commission for a statement of portfolio transactions. approval is granted, the units and the representations contained therein, associated equipment would be sold to which are summarized below. Such • Notice is further given that any persons are also referred to the Act for interested person wishing to request a Alaska at a total purchase price of approximately $600,000. All units will be the complete text of the provisions hearing on the application may, not later sold free and clear of the lien under referred to herein, than October 14,1983, at 5:30 p.m., do so C&SOE’s mortgage indenture. It is Applicant proposes to provide by submitting a written request setting represented that the proposed sale investment advice with respect to real forth the nature of his interest, die would be made on terms favorable to estate to various clients, including reasons for his request, and the specific C&SOE and that the units are no longer trusts, partnerships and similar entities, issues, if any, of fact or law that are required because of ample generating institutional investors and individuals. disputed, to the Secretary, Securities reserve capability. According to the application, only and Exchange Commission, Washington, The application-declaration and any individuals with a net worth (or a joint D.C. 20549. A copy of the request should amendments thereto are available for net worth with their spouses) at the time be served personally or be mail upon public inspection through the of investment in excess of $10,000,000 Applicants at the address stated above. Commission’s Office of Public and ap annual income (or a joint annual Proof of service (by affidavit or, in the Reference. Interested persons wishing to income with their spouses) in each of case of an attomey-at-law, by comment or request a hearing should the two years preceding the investment certificate) shall be filed with the submit their views in writing by October in excess of $1,000,000 will be advised request After said date an order 14,1983, to the Secretary, Securities and by Applicant, and such individuals, disposing of the application will be Exchange Commission, Washington, either alone or with their issued unless the Commission orders a D.C. 20549, and serve a copy on the representatives, will have such hearing upon request or upon its own applicants-declarants at the addresses knowledge and experience in "financial motion. specified above. Proof of service (by and business matters as to be capable of Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices 44137 evaluating the merits and risks of Sale Gains. If there are insufficient or no client. To the extent of any Performance making investments of the type and the subsequent distributions, Applicant’s Fees received during the preceding 12 magnitude on which Applicant will be liquidating distribution would be month period, Applicant shall pay to advising. Applicant anticipates that it reduced by an amount of such Sale such client an amount equal to 20% of will establish separate fee structures Losses charged to Applicant but not the sum of any net unrealized loss plus and arrangements (based on theretofore reflected in distributions (but any Sale .Losses incurred during the combinations of various component only to the extent of Performance Fees preceding 12-month period for such fees) with each of its real estate clients which have been distributed to client. The repayment by Applicant of and, in many cases, fees will be Applicant over the term of the any Performance Fee shall be negotiated in arms length transactions partnership) or, if necessary, upon reasonably contemporaneous with the between the Applicant and prospective termination of the partnership, date of the appraisal.* Sale Losses shall, clients. Applicant further represents Applicant would repay such amount to if necessary, be carried forward from that, in all cases, it will make complete the partnership. If a CIGNA subsidiary, year to year until they have been offset disclosure to a client of the fees it will but not Applicant, is a partner in the by Performance Fees. Any Performance change such client, including specific partnership, that CIGNA subsidiary will Fee repaid by Applicant to a client disclosure as to the possible adverse agree with the other investors that its because of net unrealized losses shall be effects of the proposed performance fee investment will secure the repayment of subject to recoupment m future years component. such Performance Fees upon liquidation upon an aggregate increase in the Applicant proposes to receive from a in the event that Applicant is unable or appraised value of the properties held in client 20% 1 of the Sale Gains received unwilling to do so to the same extent the account of such client. No properties by such client upon the sale, transfer or and in the same manner as if such shall be sold merely to fund such refinancing 2 of a property other than a CIGNA subsidiary were Applicant. recoupment. Marketable Security (the “Performance B. In lieu of the conditions in C. As used herein the following terms Fee”), subject to the following paragraph (A) above, Applicant will shall have the meaning indicated: conditions: cause the fair market value of all A . If the client of Applicant is a properties (other than Marketable 1. “Marketable Security" shall mean partnership in which Applicant or a Securities) held in such a client’s any security within the meaning of wholly-owned subsidiary of CIGNA is a account to be determined by one or Section 202(a)(18) of the Investment partner having contributed at least 10% more independent appraisers of Advisers Act of 1940, as amended, other of the capital of such partnership and competence to appraise the particular than a Real Estate Security, but Applicant or such CIGNA subsidiary > properties. In almost all instances, such including any Real Estate Security has agreed that such capital shall independent appraisers shall be which either (i) is traded on a public remain so invested until termination of members of well-established, self- securities market or (ii) as to which the such partnership (except for withdrawls regulatory associations of appraisers.3 Applicant advise#, solely with respect to proportionate to any withdrawal of In any year in which u Performance Fee the decision to purchase and sell and capital by the other partners), then has been paid, if the client objects to an offers no services or advice in Applicant shall be entitled to a appraisal, then at its expense the client connection with the underlying asset Performance Fee; provided, however, may obtain a second independent represented by such Real Estate that in no event' will Applicant be appraisal.4 Applicant shall either use the Security. entitled to any Performance Fee if, over lower of the first or second appraisal or, 2. “Real Estate Security” shall mean the term of the partnership, Sale Losses at its expense obtain a third appraisal. any interest in real property which is exeed Sale Gains. If a Performance Fee The third appraisal shall be made by an also a security within the meaning of has been distributed to Applicant prior independent appraiser acceptable to Section 202(a)(18) of the Investment to the time Sale Losses are incurred, both Applicant and its client. The third Advisers Act of 1940, as amended, such Sale Losses shall reduce appraisal shall supersede all prior including real estate limited partnership subsequent distributions to Applicant, in appraisals. The. unrealized gains and interests, participating mortgages, and an amount equal to 20% of such Sale losses shall be determined separately mortgages notes. Losses, during the term of ti(ie for each property and a net aggregate 3. "Sale Gains” shall mean the partnership to the extent of previously unrealized gain or loss shall be positive difference between the paid Performance Fees. At the end of determined for all properties of such proceeds realized from the sale or other each fiscal year Sale Losses shall be net disposition of property (other than 3 All real estate advisory contracts between against Sale Gains for that year and at Applicant and its clients will require an annual Marketable Securities) less aggregate such fiscal year end Applicant will independent appraisal to be made of all properties capital costs of such property, including repay to such client an amount equal to in the client’s account, regardless of whether or not acquisition fees paid to Applicant. 20% of Sale Losses to the extent of Applicant has received any Performance Fee during the preceding 12-month period. As is customary in 4. “Sale Losses” shall mean the Performance Fees paid during the the industry for these types of accounts, in most negative difference between the preceding year. If Sale Losses are instances, the cost of the appraisal shall be paid greater than Sales Gains,the excess directly by the client. The appraiser, who would be 5 If the client of Applicant is a limited partnership shall be carried forward until offset by chosen by Applicant, would not be a member of an of which either.Applicant or an affiliate is general established association of appraisers only in those partner, then either (i) the investment of Applicant relative^ infrequent instances where the most or such affiliate in the partnership (which shall be at ' To the extent that the percentage of Sale Caine competent appraiser for a specific property, due to least one percent of the partnership capital) shall be which Applicant is entitled to reoeive is less than the property's location or nature, is not a member of available to secure the repayment by Applicant of 20%, then any repayment of a Performance Fee by such an association. any Performance Fee to the same extent or the same reason of unrealized losses or Sale Losses shall be 4 If the client of Applicant is a partnership, then manner as provided under Paragraph A above, or based on a correspondingly lower percentage. holders of over 50% in interest in the aggregate in (ii) the Performance Fee payable to Applicant shall 2 A Performance Fee will also be payable on the such partnership, or three or more holders of over be retained in a special partnership account until financing of a property owed by a client, but not 35% in.interest in the aggregate in such partnership, the annual accounting based on the*independent Previously financed. The fee will be based only on may request a second appraisal. Those holders appraisal determines whether or not any or all of th* appreciation in value of the property while requesting the second appraisal shall bear the cost such retained Performance Fee must be repaid to Applicant has acted as adviser. of such appraisal. the client of Applicant. 44138 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices proceeds realized from the sale or other which it advises its real estate clients Commission, either to negotiate and disposition of property (other than will be unique, and an appropriate index place the bonds privately with Marketable Securities) less aggregate cannot be developed for a market where institutional investors or to negotiate capital costs of such property, including each investment is inherently unique. with underwriters for their sale. If acquisition fees paid to Applicant. Notice is further given that any C&SOE determines to issue the bonds in Applicant states that it will advise interested person wishing to request a more than one series, the company may only sophisticated clients which hearing on the application may, not later wish to sell one or more series on a anticipate making real estate than October 14,1983, at 5:30 p.m., do so competitive bidding basis and one or investments of at least $1 million and by submitting a written request setting more series on a negotiatied basis. The that such clients are not the type which forth the nature of his interest, the proceeds from the sale of the bonds will need the protection of Section 205(1) of reasons, for his request, and the specific be used to repay unsecured short-term the Act. According to Applicant, issues, if any, of fact of law that are indebtedness of C&SOE consisting of performance fees based on the capital disputed, to the Secretary, Securities short-term notes and commercial paper, appreciation of properties are common and Exchange Commission, Washington, to repay maturing long-term debt, to in both the real estate advisory and real D.C. 20549. A copy of the request should reimburse thfr company’s treasury for estate management industries and it is be served personally or by mail upon expenditures incurred in connection not uncommon for investment advisers Applicant at the address stated above. with its construction program, and for offering advice with respect to real Proof of service (by affidavit or, in the other corporate purposes. estate and real estate securities to case of an attomey-at-law, by The application and any amendments include a capital gain component as part certificate) shall be filed with the hereto are available for public of their fee. Applicant states that the request. After said date an order inspection through the Commisssion’s vast majority of the advice which it will disposing of the application will be Office of Public Reference. Interested provide to its real estate clients will’ issues unless the Commission orders a persons wishing to comment or request relate to real estate, rather than to real hearing upon request or upon its own a hearing should submit their views in estate related securities, and submits motion. writing by October 14,1983, to the that the protection provided by Section For the Commission, by the Division of Secretary, Securities and Exchange 205(1) of the Act was never intended to Investment Management, pursuant to Commission, Washington, D.C. 20549, apply directly to advice on the sale or delegated authority. and serve a copy on the applicant at the purchase of real estate. It is only the George A. Fitzsimmons, address specified above. Proof of ever widening definition of the term Secretary. service (by affidavit or, in case of an “security”, coupled with the [FR Doc. 83-2823« Filed 9-28-83; 8:45 am] attorney at law, by certificate) should be development of more sophisticated BILLING CODE 8010-01-M filed with the request. Any request for a forms of real estate investment, that, hearing shall identify specifically the according to Applicant, subject issues of fact or law that are disputed. A essentially real estate advisory [Release No. 23065; 70-6899] person who so requests will be notified of any hearing, if ordered, and will activities to the provisions of the Act. Columbus and Southern Ohio Electric Applicant further asserts that the receive a copy of any notice or order Co.; Proposed Issuance and Sale of issued in this matter. After said date, the proposed real estate investments are First Mortgage Bonds essentially illiquid and, therefore, not application, as filed or as it may be susceptible to the kinds of speculative Columbus and Southern Ohio Electric amended, may be granted. short-term securities trading practices Company (“C&SOE”), 215 North Front For the Commission, by the Division of that Section 205(1) is intended to Street, Columbus, Ohio; 43215, an Corporation Regulation, pursuant to discourage. electric utility subsidiary of American delegated authority. Applicant states that, unlike other Electric Power Company, Inc., a George A. Fitzsimmons, investment advisers, its management registered holding company, has filed an Secretary. services contributes to, and often is the application with this Commission [FR Doc. 83-26237 Filed 9-28-83; 8:45 am] chief cause of, the increase in value of pursuant to Section 6(b) of the Public BILLING CODE 8010-01-M the real estate investments which it Utility Holding Company Act of 1935 recommends. Due to the magnitude of (“Act”) and Rule 50 promulgated the management services it intends to thereunder. [Release No. 13516; 811-3034] provide, and also the expertise which is C&SOE proposes to issue and sell in required to perform such services one or more transactions from time to GMD Investment Corp.; Application effectively, Applicant asserts that the time through December 31,1983, up to Declaring That Applicant Has Ceased management component of its overall $60 million aggregate principal amount To Be an Investment Company service package provided to its real of its first mortgage bonds, in one or estate clients is unquestionably of much more new series, each such series Notice is hereby given that GMD greater proportional value to the whole having a maturity of not less than 5 Investment Corporation (the of Applicant’s service package than is years and not more, than 30 years. "Applicant”) 707 East Main Street, P.O. the managerial component of the typical C&SOE may employ alternative Box 1357, Richmond, Virginia, 23212, investment adviser’s service package. competitive bidding procedures in registered under the Investment Finally, Applicant states that Congress accordance with the Commission’s Company Act of 1940 (the “Act”) as a recognized the practical necessity of statement of policy set forth in HCAR nondiversified, open-end management performance fees for investment No. 22623 (September 2,1982). The investment company, filed an advisers by providing, in Section 205 of company states that if market conditons application on June 22,1983, for an order the Act, an exception to the general should not be propitious for the sale of of the Commission, pursuant to Section prohibition of such fees when the fee is the bonds on a competitive bidding 8(f) of the Act and Rule 8f-l thereunder, indexed. Applicant asserts, however, basis, the company proposes, subject to declaring that Applicant has ceased to that each real estate investment on further authorization by the be an investment company as defined Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Notices 4 4139

by the Act. All interested persons are Notice is further given that any You are invited to submit written data referred to the application of file with interested person wishing to request a the Commission for a statement of the and views concerning the proposed rule hearing on the application may, not later change within 21 days after the date of representations contained therein, than October 14,1983, at 5:30 p.m., do so which are summarized below, and are publication in the Federal Register. If by submitting a written request setting you decide to comment, please file six referred to the Act and the rules forth the nature of his interest, the thereunder for the text of the provisions \ copies with the Secretary of the reasons for his request, and the specific Commission, Securities and Exchange cited abvove. ' issues, if any, of fact or law that are Commission, 450 Fifth Street, NW., The application states that from 1965 disputed, to the Secretary, Securities Washington, D.C. 20549. Please refer to until March 31,1980, when the Applicant and Exchange Commission, Washington, File No. SR-BSECC-83-6. and its subsidiaries sold substantially D.C. 20549. A copy of the request should all of their assets to, and had be served personally or by mail upon BSECC’s proposed rule change and all substantially all of their liabilities Applicant at the address stated above. related documents (other than those assumed by, Whittaker Corporation, a Proof of service (by affidavit or, in the which may be withheld from the public California corporation (the “Sales case of an attomey-at-law, by in accordance with the provisions of 5 Transaction”), the Applicant was certificate) shall be filed with the U.S.C, 552) will be available for engaged, under the name “General request. After said date an order inspection and copying at the Medical Corporation,” in the business of disposing of the application will be Commission’s Public Reference Room, distributing medical, surgical, and issued unless the Commission orders a 450 Fifth Street, NW., Washington, D.C. laboratory products in the health care hearing upon request or upon its own Copies of the filing and of any industry. It is further stated that on motion. subsequent amendments also will be March 31,1980, following the Sales For the Commission, by the Division of available for inspection and copying at Transaction, the Applicant amended its Investment Management, pursuant to the principal office of BSECC. . Articles of Incorporation to change its delegated authority. name to GMD Investment Corporation, For the Commission, by the Division of George A. Fitzsimmons, to change its corporate purpose to that Market Regulation pursuant to delegated Secretary. authority. of an investment company, and to reduce its authorized capitalization. [FR Doc. 83-26235 Filed 9-26-83; 8:45 am] George A. Fitzsimmons, On April 1,1980, it filed Form N-8A BILLING CODE 8010-01-M Secretary. under the Act and commenced business [FR Doc. 83-28239 Fikd 9-26-83; 8:45 am] as an investment company. On BILLING CODE 8010-01-M [Release No. 20204; File No. SR-BSECC-83- November 5,1981, Applicant states, its 6) Board of Directors ^approved a plan of liquidation and dissolution (the “Plan”), Filing and Immediate Effectiveness of DEPARTMENT OF TRANSPORTATION which was approved by Applicant’s Proposed Rule Change; Boston Stock shareholders on January 4,1982. Exchange Clearing Corp. Federal Aviation Administration Applicant further states that, on May 20,' 1983, it filed Articles of Dissolution with On August 8 ,1 9 8 3 , the Boston Stock Air Traffic Control Procedures and the Virginia State Corporation Exchange Clearing Corporation Special Use Airspace Meeting Commission and was issued a (“BSECC”) filed with the Securities and Certificate of Dissolution as of that date. Exchange Commission a proposed rule a g e n c y : Federal Aviation Upon the issuance of the Certificate, change under Section 1 9 (b )(1 ) of the Administration fFAA), DOT. Applicant states, its existence ceased 19 34 Securities Exchange Act of (the ACTION: Notice of Meeting. except for certain limited purposes of “Act"). The Commission is publishing pursuing its remedies, rights, or claims this notice to solicit your comment. OATES: October 18 and 19,1983,10:00 existing prior to the dissolution. - The proposed rule change would' a m. until 4:00 p.m. According to the application, as of establish a fee for processing transfer Place: Washington Air Route Traffic December 31,1981, prior to the adoption withdrawals from the Depository Trust of the Plan, there were -536,467 shares of Control Center, Intersection of Routes 7 Company via terminal or computer. and 645, Leesburg, VA 22075. Applicant s Common Stock outstanding. BSECC would charge $.50 per transfer The application states that the net asset instruction. BSECC believes the Purposes of meeting: The FA A, value of such Commoft Stock as of that proposed rule change is consistent with Eastern Region Air Traffic Division will date was $13.37 per share or $7,175,017 the requirements of the Act and the hold a public briefing on the effect in the aggregate. Applicant represents rules thereunder applicable to BSECC special use airspace has on air traffic that, pursuant to the Plan, it made because it assures the equitable control procedures and routes in the quarterly liquidating distributions to allocation of fees charged to aH Washington and New York ARTCC’s shareholders totaling $13.90 per share participants. airspace. The briefing will cover and that it completed the liquidation of This rule change has become effective realignment of the ARTCC’s airspace all of its assets to shareholders, except under Section 19(b)—(3)(A) of the Act boundaries and realignment of routes. for $70,961.52 which Applicant retained and subparagraph (e) of Securities Also, the briefing will cover plans to as a reserve fund and transferred to a Exchange Act Rule 19b-4. At any time develop an FAA working group to bank to hold in trust to meet any within 60 days of the filing, the review the quality of ATC services and contingent liabilities. Applicant states - Commission may summarily abrogate economy of operating in the Washington that the trust will terminate no later this rule change if the Commission and New York ARTCC’s airspace. than October 31,1984, and a final believes that such action is necessary or FOR FURTHER INFORMATION CONTACT: distribution of any remaining funds in appropriate in the public interest, for the Mr. Glen Bales, Manager, Airspace and the trust wifi be made to Applicant’s protection of investors, or otherwise in former shareholders. Procedures Branch, Eastern Region furtherance of the purposes of the Act. Headquarters, JFK International Airport, 44140 Federal Register / Vol. 48, 'No. 188 / Tuesday, September 27, 1983 / Notices

Federal Building, Jamaica, NY 11430, Microwave Landing System (MLS) Area First Meeting held March 10-11,1983; (3) telephone (212) 917-1230. Navigation Equipment to be held on Review First Draft of Subcommittee Glenn Bales, October 20-21,1983, in the RTCA Report on ELT Battery Related Manager, Airspace and Procedures Branch. Conference Room, One McPherson Problems; (4) Consideration of Work Square, 1425 K Street, NW., Suite 500, Assignments; (5) Discuss Format and [FR Doc. 83-26241 Filed 9-28-83,8:45 am] Washington, D.C. commencing at 9:30 Content of the Final Report; and (6) BILUNG CODE 4910-13-M a.m. Other Business. The Agenda for this meeting is as Attendance is open to the interested Radio Technical Commission for follows: (1) Chairman’s Introductory public but is limited to space available. Aeronautics (RTCA), Special Remarks; (2) Approval of Minutes of the With the approval of the Chairman, Committee 137—Airborne Area Second Meeting Held on August 15-18, members of the public may present oral Navigation Systems; Meeting 1983; (3) Review First Draft of the statements at the meeting. Persons Accuracy Working Group Report; (4) wishing to present statements or obtain Pursuant to section 10(a)(2) of the Review Draft Section 1.0 and the information should contact the RTCA Federal Advisory Committee Act (Pub. Operational Scenario Appendix to the Secretariat, 1425 K Street, NW., L. 92-463; 5 U.S.C. App. I) notice is Committee Report on Minimum Washington, D.C. 20005; (202) 682-0266. hereby given of a meeting of RTCA Operational Performance Standards for Any member of the public may present a Special Committee 137 on Airborne Airborne MLS Area Navigation written statement to the committee at Area Navigation Systems to be held on Equipment; (5) Review and Discuss any time. October 17-19,1983, in the RTCA Special Committee 137 (Airborne Area Conference Room, One McPherson Navigation Systems) and Special Issued in Washington, D.C. on September Square, 1425 K Street, NW., Suite 500, Committee 149 (Airborne Distance 14,1983. Washington, D.C. commencing at 9:30 Measuring Equipment) Activities as they Karl F. Bierach, a.m. Affect the Performance Standards for Designated Officer. The Agenda for this meeting is as MLS Area Navigation Equipment; (6) [FR Doc. 83-26288 Filed 9-26-83: 8:45 am] follows: (1) Chairman’s Introductory Assignment of Tasks; and (7) Other BILLING CODE 4910-13-M Remarks; (2) Approval of Minutes of the Business. Fourteenth Meeting Held on August 17- Attendance is open to the interested 19,1983; (3) Review Comments Received public but limited to space available. San Francisco International Airport; on Drafts of LORAC-C and Omega/VLF With the approval of the Chairman, Approval of Noise Compatibility Minimum Operational Performance members of the public may present oral Program Standards; (4) Review Sixth Draft of statements at the meeting. Persons Committee Report on Minimum wishing to present statements or obtain a g e n c y : Federal Aviation Operational Performance Standards for information should contact the RTCA Administration, DOT- Multi-Sensor Based Area Navigation Secretariat, One McPherson Square, a c t io n : Notice. Equipment; (5) Assignment of Tasks; 1425 K Street, NW., Suite 500, and (6) Other Business. Washington, D.C. 20005; (202) 682-0266. s u m m a r y : The Federal Aviation Attendance is open to the interested Any member of the public may present a Administration (FAA) announces its public but limited to space available. written statement to the committee at findings on the noise compatibility With the approval of the Chairman, any time. program submitted by San Francisco members of the public may present oral Issued in Washington, D.C. on September International Airport (SFO) under the statements at the meeting. Persons 19,1983. 'provisions of Title I of the Aviation wishing to present statements or obtain Karl F. Bierach, Safety and Noise Abatement (ASNA) information should contact the RTCA Designated Officer. Act of 1979 (Pub. L. 96-193) and 14 CFR Secretariat, One McPherson Square, [FR Doc. 83-26285 Filed 9-26-83; 8:45 am] Part 150. These findings are made in 1425 K Street, NW., Suite 500, ♦ BILLING CODE 4910-13-M recognition of the description of federal Washington, D.C. 20005; (202) 682-0266. and nonfederal responsibilities in Any member of the public may present a Senate Report No. 96-52 (1980). The written statement to the committee at Radio Technical Commission for FAA accepted the noise exposure maps any time. Aeronautics (RTCA), Special for SFO submitted under Part 150 on Issued in Washington, D.C. on September Committee 138—Installation of January 25,1983. The SFO noise 19,1983. Emergency Locator Transmitters compatibility program received partial Karl F. Bierach, (ELT) in Aircraft Subcommittee on approval by the Administrator on July Designated Officer. Battery Problems Meeting 22,1983. A majority of noise mitigation [FR Doc. 83-26284 Filed 9-26-4919-83; 8:45 am] actions proposed in the program were Pursuant to section 10(a)(2) of the approved. Other program elements were BILLING CODE 4910-13-M Federal Advisory Committee Act (Pub. either disapproved outright or L. 92-463; 5 U.S.C. App. I) notice is disapproved pending submission of Radio Technical Commission for hereby given of a meeting of Special details sufficient to permit an informed Committee 136, Subcommittee on Aeronautics (RTCA), Special analysis under Section 104(b) of the Emergency Locator Transmitter Battery Committee 151—Airborne Microwave ANSA Act. In addition, two program Landing System Area Navigation Problems, to be held on October 13-14, elements relating to flight procedures 1983 in the RTCA Conference Room, Equipment; Meeting were neither approved nor disapproved, Suite 500,1425 K Street, NW., but will receive further study by the Washington, DC. Commencing at 9:30 Pursuant to section 10(a)(2) of the FAA, as permitted by the Act. Federal Advisory Committee Act (Pub. a.m. L. 92-463; 5-U.S.C. App. I) notice is The Agenda for this meeting is as EFFECTIVE DATE: The effective date of hereby given of a meeting of RTCA follows: (1) Chairman’s Introductory the FAA’s approval of the SFO noise Special Committee 151 on Airborne Remarks; (2) Approval of Minutes of the compatibility program is July 22,1983. £^ ^ ajaR^ster7_Vol 48, No. i8 8 / Tuesday, 'September 27/1983 / Notices 44141

FOR FURTHER INFORMATION CONTACT: has completed its review and account for noise reduction technology Ellis A. Ohnstad, Airport Planning determined that the procedural and Officer, AWP-640, Federal Aviation employed in quieter aircraft, has not substantive requirements of the Act and been justified, and would accordingly be Administration, Western-Pacific Region, FAR Part 150 have been satisfied. The P.O. Box 92007, World Way Postal arbitrary in its reach and impact. overall program, therefore, was Finally, the FAA has deferred Center, Los Angeles, California 90009; approved by the Administrator July 22, judgment on two program elements (213) 536-8250. Documents reflecting this 1982. The overall approval includes addressing revisions to flight procedures FAA action may be obtained from the approval, disapproval or deferral of for noise mitigation. These will receive same individual. determination with respect to each of further FAA review and technical the 37 proposed actions. SUPPLEMENTARY INFORMATION: This evaluation before approval or Outright approval was granted for 24 notice announces that the FAA has disapproval. given its overall approval to the noise specific program elements. On-airport These determinations are set forth in compatibility program for San Francisco actions include an airport noise detail in a Record of Approval endorsed International Airport, effective July 22, monitoring and management program, 1983. flight procedure changes, airport noise by the Administrator on July 22,1983. Under Section 104(a) of the Aviation limits and use restrictions. Off-airport The Record of Approval, as well as Safety and Noise Abatement (ASNA) elements include noise insulation, other evaluation materials and the Act of 1979, an airport operator who has avigation easements, a neighborhood documents comprising the submittal, are previously submitted a noise exposure improvement program and preventive available for review at the FAA office map may submit to the FAA a noise land use planning. FAA’s approval of listed above and at the administrative compatibility program which sets forth these noise compatibility measures offices of San Francisco International Airport. the measures taken or proposed by the involves the determination that the airport operator for the reduction of program actions to be implemented do Issued in Hawthorne, California, on existing noncompatible land uses and not create an undue burden on interstate September 7,1983. prevention of additional noncompatible or fpreign commerce, are reasonably R. L. Devereaux, land uses within the area covered by the consistent with obtaining the goal of Acting Director, Western-Pacific Region. noise exposure maps. The Act requires reducing existing noncompatible land (FR Doc. 83-26283 Filed 9-28-83; 8:45 am] such programs to be developed in uses and preventing the introduction of BILLING CO DE 4910-13-M consultation with interested and additional noncompatible land uses, affected parties including local provide for revision when appropriate, communities, government agencies, and are consistent with the National Highway Traffic Safety airport users, and FAA personnel. requirements of FAR Part 150, Appendix Administration San Francisco International Airport B. Such approval does not constitute submitted to the FAA on June 2,1982, FAA environmental approval of specific [Docket No. IP 83-16; Notice 1] the noise exposure maps, descriptions, projects, nor does it represent a and other documentation produced commitment to fund or implement Carabeia USA Inc.; Petition for during an airport noise control and land elements of the program. Determination of inconsequential use compatibility (ANCLUC) study Nine specific program elements were Noncompliance disapproved pending submission to the conducted at SFO from August 1977 Carabeia USA Inc. of Tulsa, through March 1980. The SFO noise FAA of additional details to permit an informed analysis undeT Section 104(b) Oklahoma, has petitioned to be exposure map was accepted by the FAA exempted from the notification and on January 25,1983. Notice of that of the Act. These disapprovals do not reflect FAA opposition of the noise remedy requirements of the National acceptance was published in the Federal Traffic and Motor Vehicle Safety Act (15 Register on May 9,1983 (48 FR 20838). mitigation objectives of the proposals or ' of the concepts on which they are based. U.S.C. 1381 e t s eq .J for noncompliances The Final Technical Report of the SFO with three Federal motor vehicle safety ANCLUC study contains a proposed Rather, as described above, the Act contemplates approval or disapproval standards. The standards are 49 CFR noise compatibility program comprised 571.119, Motor Vehicle Safety Standard of actions designed for phased within the 180-day review period. Lacking adequate detail for a proper No. 119, New Pneumatic Tires for implementation by airport management Vehicles Other Than Passenger Cars, 49 and adjacent jurisdictions from the date evaluation, the FAA has disapproved these actions. This does not foreclose CFR 571.120, Motor Vehicle Safety of study completion to beyond the year Standard No. 120, Tire Selection and 1987. It was requested that the FAA additional FAA review if additional information is submitted by the airport Rims for Vehicles Other Than evaluate and approve this material as a operator. Passenger Cars, 49 CFR 571.123, Motor noise compatibility program as The FAA has disapproved outright Vehicle Safety Standard No. 123, described in Section 104(b) of the Act. two noise mitigation measures proposed M otorcycle Controls and Displays. The The FAA began its review of the in the SFO noise compatibility program. basis of the petition is that the program on January 25,1983, and was Based on the runway use analysis in the noncompliances are inconsequential as required by a provision of the Act to program these recommendations would they relate to motor vehicle safety. approve or disapprove the program have the effect of a total curfew of all within 180 days (other than the use of This notice of receipt of a petition for aircraft types approximately 10 percent hew flight procedures for noise control). a determination of inconsequentiality is of the time. This has the necessary effect Failure to approve or disapprove such published in accordance with section of preventing all scheduling of air carrier 157 of the Rational Traffic and Motor Program within the 180-day period shall services into SFO during the specified Vehicle Safety Act (15 U.S.C. 1417) and be deemed to be an approval of such hours. This, in turn, has the effect of a Program. d e does not represent any agency decision fa c to curfew far broader than its 10 The submitted program contained 37 or exercise of judgment concerning the percent application would suggest. As merits of the petition. proposed actions for noise mitigation, such, this restriction would therefore be both on and off the airport. The FAA Carabeia is a wholly-owned overboard in its scope, would not subsidiary of a Mexican corporation, v 4 41 42 Federal Register /Yol, 48, Ñ o. 188° / Tuesday, September 27, 1983 / Notices

Issued on September 21,1983. Motocicletas Carabela, S.A. (and/or tire (the front tire and rear tire size and Acer-Mex S.A.) which manufactures and rim are identical; the GAWR at the front Kennedy H. Digges, exports the motor-driven cycles is 125 pounds, and, at the rear, 175 Acting Associate Administrator for Rulemaking. distributed by Carabela USA in the pounds). United States. The noncompliances Paragraph S5.2(b) requires motorcycle [FR Doc. 83-26293 Filed 9-26-83; 8;45 am] BILLING CODE 4610-59-M cover motor-driven cycles imported rims to be marked with the rim size from May 1975 through December 1981 designation. This has been erroneously under the brand name Carabela and the given as 16 inches on 544 Carrera model names Sport, Super Sport, Super models when the correct designation is DEPARTMENT OF THE TREASURY Deluxe, Motomatic, and Carrera. Over 17 inches. Petitioner argues that this is Public Information Collection 5400 vehicles are believed to be unimportant “inasmuch as such noncompliant with one or more of the Requirements Submitted to OMB for designation is * * * informational for Review standards. The noncompliances came to -purposes of replacement.” light during the course of a compliance Finally, the rims on most machines On September 20,1983 the investigation by NHTSA (agency file fail to bear the DOT symbol as required Department of the Treasury submitted number CIR 2520). by paragraph S5.2(c). In petitioner’s the following public information Standard No. 119. Paragraph S6.4 view this is unimportant as it serves an collection requirement(s) to OMB (listed requires each motorcycle tire to have at informational purpose only. by submitting bureaus), for review and least three indicators which permit a clearance under the Paperwork Standard No. 123. This standard visual determination that the tire has Reduction Act of 1980, Pub. L. 96-511. specifies operating positions for the worn to a tread depth of V ad of an inch. Copies of these submissions may be manual fuel shutoff control, “off” with Such indicators are lacking on tires on obtained from the Treasury Department the motor-driven cycles imported by the control forward, "on" with the Clearance Officer, by calling (202) 634- Carabela. The petitioner argues that this control downward, and “reserve” (if 2179. Comments regarding these noncompliance is inconsequential provided) with the control upward. On information collections should be because visual observation is itself Carabela machines the control is addressed to the OMB reviewer listed at equally indicative of treadwater on the installed at an angle, which results in an the end of each bureau’s listing and to tire, and that its chief importance is in operational mode other than that the Treasury Department Clearance determining when to replace the tire. specified in the standard. Petitioner Officer, Room 309,1625 “I” Street, NW., Because a motor-driven cycle is used argues that this has an inconsequential Washington, D.C. 20220. intermittently under low speed relationship to safety because “the conditions, the treadwear is closely utilization of the device is not involved Internal Revenue Service correlated to the useful life of the in the motoring operation of the Moped” OMB Number: 1545-0052 machine; “Therefore, with the presence and “occurs essentially in a non­ Form Number: 990-PF & 4720 of such indicator being for informational motoring environment.” Type of Review: Revision purposes, the negative implication Interested persons are invited to T itle: Return for Private Foundations or thereof is essentially that the absence of submit written data, views and Section 4947(a)(1) Trust Treated as a such is inconsequential to the safe arguments on the petition of Carabela Private Foundation operation especially under USA Inc. described above. Comments 1545-0130 circumstances characteristic of the use OMB Number: should refer to the docket number and Form Number. 1120S of this type vehicle.” be submitted to: Docket Section, Type o f Review: Revision Paragraph S6.5(b) of Standard No. 119 National Highway Traffic Safety T itle: U.S. Income Tax Return for an S requires at least one sidewall of a Administration. Room 5109,400 Seventh Corporation, Capital Gains and motorcycle tire to be marked with a tire Street, S.W., Washington, D.C. 20590. It Losses, and Shareholder’s Share of identification number. This number is Income, Credits, Deductions, etc.— omitted from tires on vehicles imported is requested but not required that five by the petitioner. Carabela USA argues copies be submitted. 1983 that this is inconsequential as it relates All comments received before the OMB N u m ber 1545-0619 to safety since it does not adversely close of business on the closing date Form Number 6765 afreet the safe operation of the vehicle indicated below will be considered. The Type of Review: Revision and becomes important only if the tires application and supporting materials, T itle: Credit for Increasing Research must be recalled for a noncompliance or and all comments received after the Activities (or for claiming the orphan safety-related defect; “this closing date will also be filed and will drug credit) noncompliance * * * does not presently be considered to the extent possible. OMB N u m ber 1545-0235 present a threat * * * absent a When the petition is granted or denied, Form Number 730 discovered defect, not presently notice will be published in the Federal Type of Review: Revision existing, which could be alternatively Register pursuant to the authority T itle: Tax on Wagering remedied.” indicated below. OMB N u m ber 1545-0121 Standard No. 120. Paragraph S5.3.3 The engineer and attorney primarily Form Number: 1116 and Schedule A requires each motor-driven cycle to be respopnsible for this notice are A. Y. Type of Review: Revision labelled with the cold inflation pressure Casanova and Taylor Vinson, T itle: Foreign Tax Credit—Individual, of its tires. Labels provided by the respectively. Fiduciary or Non-resident Alien petitioner fail to indicate cold inflation Comment closing date: October 27, Individual and Scheduled Foreign pressure for the rear tires. Petitioner 1983. Taxable Income and Foreign Taxes argues that this is inconsequential Paid or Accrued because an operator could derive the (Sec. 102, Pub. L 93-492, 88 Stat. 1470 (15 OMB N um ber: 1545-0409 correct value, 20 psi, inferentially from U.S.C. 1417); delegations of authority at 49 211 the value of 20 psi specified for the front CFR 1.50 and 49 CFR 501.8) Form Number Federal-Register / VoK 48, No. 188 / Tubsday, September 27, 1983 f Notices 44143

Type of Review: Extension Form Number: 990-C Title: Application for Reward for Form Number: TFS 6114 Type of Review: Revision Type of Review: Extension Original Information Title: Farmer’s Cooperative Association More Information Letter OMB Number: 1545-0017 Income Tax Return Title: Form Number: 706-B OMB Number: 1,545-0234 OMB Number: 1510-0042 Type of Review: Revision Form Number: 7005 Form Number: S F 1055 Title: Generation-Skipping Transfer Tax Type of Review: Revision Type of Review: Extension Return Title: Application for Additional Title: Claims Against the U.S. for OMB Number: 1545-0714 Extension of Time to File Corporation Amounts Due in the Case of a Form Number: 8027 and 8027-T Income Tax Return Deceased Creditor Type of Review: New OMB Number: 1545-0687 U.S. Customs Service Title: Employer's Annual Information^ Form Number: 990-T Return of Tip Income and Allocated Revision Tips Type of Review: OMB Number: 1515-0087 Title: Exempt Organization Business Form Number: CF 255 OMB Number: 1545-0566 Income Tax Return Form Number: 1120M Type of Review: Extension OMB Number: 1545-0233 Type of Review: Revision Title: Declaration of Unaccompanied Form Number: 7004 Title: U.S. Mutual Insurance Company Articles Type of Review: Revision Income Tax Return 1515-001Î Title: Application for Automatic OMB Number: OMB Number: 1545-0150 Extension of Time to File Corporate Form Number: CF 7575-A and CF 7575- Form Number: 2848 Income Tax Return B Type of Review: Revision Type of Review: Extension Title: Power of Attorney and OMB Reviewer: Norman Frumkin (202) 395-6880, Office of Management Title: Drawback Entry and Certificate of Declaration of Representatives; Tax Manufacture for Exported Articles Information Authorization and and Budget, Room 3208, New Executive Declaration of Representative. Office Building, Washington, D.C. 20503. OMB Reviewer: Judy McIntosh (202) OMB Number: 1545-0047 Bureau of Government Financial 395-6880, Office of Management and Form Number: 990 aijd Schedule A Operations Budget, Room 3208, New Executive Type of Review: Revision Office Building, Washington, D.C. 20503. OMB Number: 1510-0037 Rita A. DeNagy, Title: (1) Return of Organization Exempt Form Number: TFS 5135 Departmental Reports Management Office. From Income Tax; (2) Organization Type of Review: Extension September 20,1983. Exempt Under 501(c)(3) Title: Voucher for Payment of Awards OMB Number: 1545-0051 [FR Doc. 83-26240 Filed 9-26-83; 8:45 am] OMB Number: 1510-0038 BILUNG CODE 4610-25-M 44144 Sunshine Act Meetings Federal R“*iste' Vol. 48, No. 188

Tuesday, September 27, 1983

This section of the FEDERAL REGISTER PLACE: Board Conference Room, Sixth 5 contains notices of meetings published Floor, 1717 Pennsylvania Avenue NW. NEIGHBORHOOD REINVESTMENT under the “Government in the Sunshine STATUS: Closed to public observation CORPORATION Act” (Pub. L 94-409) 5 U.S.C. 552b(e)(3). pursuant to 5 U.S.C. 552b(c)(2) (internal TIME AND DATE: 2:30p., Friday, personnel rules and practices) and (c)(6) September 30,1983. CONTENTS (personal information where disclosure PLACE: Neighborhood Reinvestment Item would constitute a clearly unwarranted Corporation, 1850 K Street NW., Suite Civil Rights Commission...... :------1 invasion of personal privacy). 400, Washington, D.C. 20006. Federal Reserve System ...... 2 MATTERS TO BE CONSIDERED: Personnel STATUS: Open meeting. National Labor Relations Board...... 3 matters. National Transportation Safety Board.. 4 CONTACT PERSON FOR MORE CONTACT PERSON FOR MORE Neighborhood Reinvestment Corpora­ INFORMATION: John C. Truesdale, INFORMATION: Timothy McCarthy, tion ...... — 5 Executive Secretary, Washington, D.C. Associate Director, Communications, Pacific Northwest Electric Power and 202-635-2705. Conservation Planning Council...... 6 20570, telephone: (202) 254-9430. Dated: Washington, D.C., September 23, Agenda 1 1983. I. Call to Order and Remarks of the Chairman II. Approval of Minutes, May 25,1983 COMMISSION ON CIVIL RIGHTS By direction of the Board. TIT. Executive Director’s Report John C. Truesdale, PLACE: Washington Room, 15th and IV. Treasurer’s Repor Pennsylvania Avenue NW., Washington, Executive Secretary, National Labor V. Personnel Committee Report D.C. Relations Èoard. VI. Budget Committee Report [S-1363-83 Filed 9-23-83; 1:15 pm] DATE AND TIME: Monday, September 26, Report of F Y 1988 Budget Realloctions BILLING CODE 7545-01-M 1983,12:15 p.m. Approval of FY 1984 Line-Item Budget Approval of FY 1985 Budget Submission STATUS OP MEETING: Open to public. 4 VII. Amendment of Bylaws NATIONAL TRANSPORTATION SAFETY MATTERS TO BE CONSIDERED: [No. 30, September 23,1983) BOARD I. Analysis of Proposed Amendments to Carol J. McCabe, Strengthen the Fair Housing Act. [N M -8 3 -2 2 ] Secretary. “FEDERAL REGISTER” CITATION OF PERSON TO CONTACT FOR FURTHER [S-1366-83 Filed 9-23-83; 3:52 pm] PREVIOUS ANNOUNCEMENT: 48 FR 41269, INFORMATION: Barbara Brooks, Press BILUNG CODE 0000-00-M and Communications Division (202) 254- September 14,1983. 6697. PREVIOUSLY ANNOUNCED TIME AND DATE [S-1362-83 Filed 9-23-83; 12:39 pm] OF MEETING: 9 a.m., Tuesday, September 6 BILLING CODE 6335-01-M 20.1983. PACIFIC NORTHWEST ELECTRIC POWER CHANGE IN MEETING: A majority of the AND CONSERVATION PLANNING COUNCIL Board has determined by recorded vote 2 Northwest Power Planning Council FEDERAL RESERVE SYSTEM that the business of the Board requires revising the agenda of this meeting and TIME AND DATES: TIM E AND d a t e : 10 a.m., Monday, that no earlier announcement was October 3,1983. 1 p.m., October 5,1983 possible. The agenda as now revised is 9 a.m., October 6,1983 PLACE: 20th Street and Constitution set forth below. PLACE: Coach House East, Helena, Avenue NW., Washington, D.C. 20551. s t a t u s : Open. Montana. STATUS: Closed. MATTERS TO BE CONSIDERED*. STATUS: MATTERS TO BE CONSIDERED: 1. Highway Accident Report: Jonesboro Open. 1. Personnel actions (appoinments, School District Schoolbus Run-Off-Road and MATTERS TO BE CONSIDERED: Overturn, State Highway 214 at State promotions, assignments, reassignments, and • Analysis of Cost-Effectiveness of WPP551 Highway 18, near Newport, Arkansas, March salary actions) involving individual Federal and 3. 25.1983. Reserve System employees. 2. Highway Accident Report: Humboldt • Discussion of BPA Workplan for Two-Year 2. Any items carried forward from a County Dump Truck/Klamath-Trinity Unified Action Plan. • Discussion of BPA Responses to Questions previously announced meeting. District Schoolbus Collision, State Route 96, CONTACT PERSON FOR MORE near Willow Creek, California, February 24, Regarding Yakima River Basin Enhancement. INFORMATION: Mr. Joseph R. Coyne, 1983. Assistant to the Board, (202) 452—3204. 3. Recommendations to State Governors • Administrative Matters regarding Schoolbus Safety. —Election of Officers Dated: September 23,1983. 4. Marine Accident Report: Explosion and — Other James McAfee, Fire On Board the U.S. Tankship SS Golden Associate Secretary of the Board. in the Atlantic Ocean, March 6,1982, Dolphin FOR FURTHER INFORMATION CONTACT: and Recommendations to Apex Marine [S-1364-83- Filed 9-23-83; 3:10 pm] Ms. Este Wong (503) 222-5161. BILUNG CODE 6210-01-»! Corporation and the U.S. Coast Guard. CONTACT PERSON FOR MORE Edward Sheets, INFORMATION: Sharon Flemming (202) 3 Executive Director. 382-6525. NATIONAL LABOR RELATIONS BOARD [S-1385 Filed 9-23-83; 3:10 pm] September 16,1983. BILUNG CODE 0000-00-M TIME AND DATE: 10:30 a.m., Monday, 26 [S-1381-83 Filed 9-23-83; 4:22 pm] September 1983. BILUNG CODE 4910-58-M Tuesday, September 27, 1983

/

Part II

Department of Energy

Conservation and Renewable Energy Office

Residential Conservation Service Federal Standby Plan 44146 Federal Register / Vol. 48, No. 188 / Tuesday, September 27,1983 / Rules and Regulations

DEPARTMENT OF ENERGY VI. Environmental Impacts the requirements of Section 213 for RCS VII. Paperwork Reduction Act plans. There is, thus, a great degree of 10 CFR Part 456 I. Introducton uniformity between the FSP and the revised RCS regulation concerning State [Docket No. CAS-RM-80-123] The RCS Progam was established by plans (10 CFR Part 456, Subparts B and Part 1 of Title II of the National Energy C). The basic difference between the Residential Conservation Service Conservation Policy Act (NECPA), Pub. two rules is that in the Federal Standby Federal Standby Plan L. 95-619, November 9,1978, as Plan DOE generally has assumed the amended by Subtitle B of Title V of the A G E N C Y : Department of Energy. role and responsibilities otherwise Energy Security Act (ESA), Pub. L. 96- delegated to the lead State agency under A C T IO N : Final rule. 294, June 30,1980,42 U.S.C. 8211 e t seq. the amended RCS final rule. This means The RCS Program, as mandated by S U M M A R Y : The Department of Energy that wherever the State or its designee is (DOE) hereby issues a rule to implement statute, requires large electric and the responsible party for a statutory natural gas utilities to inform their Section 219(a) of the National Energy element of the RCS Program residential customers of the benefits of Conservation Policy Act (NECPA), as (enforcement, listing, etc.), the certain energy conservation and amended by the Energy Security Act Department has that responsibility renewable resource measures, to offer (ESA). Section 219 of NECPA direct under the FSP. It also means that where their customers energy audits of their DOE to promulgate a Federal Standby the States were provided flexibility and homes, and to offer to arrange for the Plan which is to be used by covered discretion in the amended RCS final rule installation and financing of such regulated utilities in States that do not regarding the implementation of a measures. have approved Residential Conservation provision, DOE would now generally For those States that elect to exercise such discretion. Service (RCS) plans and by covered participate in the program, the DOE originally proposed an RCS regulated utilities in States which have legislation requires substantial and Federal Standby Plan on January 9,1981 approved RCS plans that are found not detailed State activity. In the original (46 FR 2522). This proposed Plan to be implemented adequately. RCS Program regulations of November 7, The RCS Program requires natural gas 1979 (the November 7th rule) (44 FR reflected the detailed and often burdensome requirements of the original and electric utilities to perform energy 64602), DOE prescribed in considerable audits of their customers’ homes upon detail how States and utilities were to RCS Program regulations. Based on a review of the November 7th rule, DOE request and to provide certain other perform their various RCS activities. On related services to their residential June 25,1982, DOE published an proposed substantial revisions to the customers. In developing this final RCS amended final rule revising the RCS RCS Program regulations on November Federal Standby Plan (FSP or Plan), Program to provide greater flexibility to 12,1981 (46 FR 55837). Because of the DOE has relied heavily on the revised participating States and covered utilities substantial changes proposed to the final regulation for the RCS Program (47 and to permit reductions in the costs of original regulations, the Department FR 27752, June 25,1982). However, this implementing the program (47 FR 27752). announced, as part of the November FSP rule does differ from the revised Nevertheless, Section 219(a) of 12th notice, the withdrawal of the RCS Program regulation since DOE is NECPA provides that if a State plan is previously proposed FSP and its required to assume, when necessary, the not approved within the allotted period, intention to repropose the Plan following responsibilities associated with directly or if die Department determines, after issuance of the amended RCS final administering the RCS Program. notice and opportunity for a public regulation. Pursuant to Section 219(a) of NECPA, hearing, that an approved plan is not Following publication of the revised regulated utilities will not be subject to being implemented adequately in a RCS regulation on June 25,1982, DOE the provisions of the FSP until the State, DOE shall promulgate a plan that published a revised proposed RCS Department issues an order directing a meets the requirements of the Act. Thus, Federal Standby Plan on November 26, particular utility to offer an RCS where States are unwilling or unable to 1982 (47 FR 53634). DOE received 37 program to its residential customers. carry out their role under the law, the written comments on the proposed EFFECTIVE DATE: October 27,1983. legislation requires implementation of a rulemaking, and 12 individuals testified FOR FURTHER INFORMATION CONTACT: Federal Standby Program. at public hearings held during January Nancy E. Tate, CE-115, Office of Section 219(a) of NECPA specifically 1983 in Dallas, Texas, and Washington, Building Energy Research and requires the Department to require, by D.C. Development, Office of Conservation order, each regulated utility in such Despite DOE’s efforts to clarify the and Renewable Energy, U.S. Department States to implement the Federal Standby rule and preamble, some persons of Energy, 1000 Independence Avenue, Plan (FSP or Plan) within 90 days of that undoubtedly will have questions about SW., Room GF-277, Washington, D.C. order. Although State supervision over the meaning of particular provisions. 20585, (202) 252-1650. the RCS Program would be more Formal interpretations concerning the Vivian Lewis or Daniel Ruge, GC-33, desirable, exercise of Federal Standby rule may be obtained pursuant to the Office of the General Counsel, U.S. Authority now appears to be warranted procedures found in 10 CFR 205.80 et Department of Energy, 1000 in at least those States that have chosen seq. Independence Avenue, SW., Room 6B- not to submit plans, as well as in an General information about the RCS 144, Washington, D.C. 20585, (202) 252- undetermined number of States that Program and Federal Standby Plan can 9513. have not yet implemented or may not be be obtained from the Office of Building SUPPLEMENTARY INFORMATION: adequately implementing approved Energy Research and Development at plans. Affected States are encouraged to the address given at the beginning of I. Introduction submit expeditiously plans or work this regulation. II. General Discussion of Issues Raised III. Discussion of Specific Comments and toward obtaining DOE approval of II. General Discussion of Issues Raised DOE Response previously submitted plans. IV. Regulatory Impact Analysis Section 219(a)(1) of NECPA requires A few general concerns were raised V. Regulatory Flexibility Act that the RCS Federal Standby Plan meet consistently during the comment period. Federal Register / Vol. 48, No. 188 / Tuesday, September 27. 1983 / Rules and Regulations 4 4 1 4 7

These issues included utility assumption construction and remodeling industries the Assistant Secretary with the of lead agency responsibilities; DOE’s and home heating suppliers were also discretion to approve existing RCS treatment of utilities with ongoing RCS highly critical of the proposed programs; and the 90-day and other programs as the Standby program for administrative role for utilities. They individual utilities (§ 456.1000(c)). This related program implementation argued that the additional duties deadlines. approach will enable utilities to submit, assigned to utilities would encourage and the Assistant 'Secretary to review, The most consistently expressed anticompetitive and discriminatory entire existing RCS programs. However, concern was over the role proposed for practices by these utilities. revisions and additions to the existing utilities in the development and In response to these concerns, DOE program may be necessary for one of implementation of certain has substantially modified the sections several reasons. DOE may need to responsibilities. The proposed FSP on listing, quality assurance, installer obtain a utility’s compliance with some required utilities to carry out a number and inspector qualifications, conciliation provisions which may not have been the of functions and to have certain . and redress, and enforcement. DOE is utility’s responsibility under its existing responsibilities that they usually do not assuming all of the responsibilities program, but which DOE is unable to have under State-administered RCS concerning listing, installer assume under the FSP. The resulting programs. These functions related to qualifications, and enforcement »nr} has situation would not be significantly portions of the lead agency's role eliminated from the FSP all different from that which occurs when concerning installers, suppliers, and requirements for inspectors. Utilities utilities operating in several States lenders. These responsibilities include: continue to have responsibilities in the encounter different State plans and (1) Assisting in the development and areas of quality assurance and requirements. In addition, DOE needs to maintenance of the Master Record of conciliation and redress, but those determine whether a program underway installers, suppliers, and lenders; (2) duties have been modified. DOE has in one State is appropriate for a developing and executing procedures to retained several specific quality separate Standby State. This is a ensure the safe and effective installation assurance procedures with which of program measures, in c lu ding responsibility of any RCS lead agency. utilities are required to comply, but has In particular, DOE needs to determine establishment of qualification deleted the requirement to conduct post­ whether program measures added or procedures for installers of flue opening installation inspections. In addition, deleted in one State would be applicable modifications, electrical and mechanical utilities are now simply required to in another. ignition systems, and wind energy inform DOE and audit recipients of devices; and (3) administering A second means by which DOE can existing channels for handling handle ongoing RCS programs is the complaints processing procedures to complaints and seeking redress. resolve customer complaints against exception process. The regulation has A second common concern focused on retained the provisions of the proposed installers and suppliers of program how DOE would treat utilities with measures and to provide redress for rule which specifically allowed a utility ongoing RCS programs in other, non-FSP to apply for an exception from a injuries. In addition, commentera were States or utilities With an ongoing RCS concerned with the proposed specified requirement in most cases (see program in a State where either the § 456.1022 for a list of the exception requirement that utilities report to DOE State agency or other utilities have any allegations of utility and/or provisions). This approach could be chosen not to comply. Commentera utilized by utilities which intend to installer, inspector, and lender stated that it was neither fair nor noncompliance with the FSP. adopt selected provisions of existing efficient to impose a new FSP program RCS programs, or by utilities which Commentera presented a number of on utilities which have been complying have existing non-RCS, on-site audit arguments against the proposed role for in good faith with a previously approved programs. Finally, in some cases the FSP utilities in these areas. Utility State plan. Several urged that such allows utilities to develop their own representatives argued that utilities utilities be allowed the option of procedures, subject to DOE approval, to should not be required to assume continuing under that plan, with DOE satisfy a requirement within the rule regulatory and administrative assuming the responsibility of lead (e.g., procedures for auditor training). responsibilities which are properly agency. A few commentera believed that DOE created these approaches to governmental in nature and that DOE’s utilities operating “RCS-type” program« enable utilities operating under an delegation of such responsibilities is in States without approved plans should improper and inconsistent with approved RCS State plan to adopt the be allowed to continue these programs same or a similar program under the congressional intent. They stated that it and not be subject to die FSP. FSP. DOE encourages utilities to request was inappropriate for any private firm DOE is committed to providing to be involved in the evaluation of exceptions and to design required utilities with the maximum amount of implementation procedures based on another’s work or qualifications. Not flexibility possible to enable them to only are utility staff not trained to their experience with other RCS develop quickly and efficiendy RCS programs. perform such functions, they programs appropriate for their service The final major area of comments on maintained, but such activities are areas. DOE enunciated this policy of costly and burdensome and may open the proposed Standby rule concerned flexibility in the preamble to the the 30-day deadline for submitting the utilities to legal action by aggrieved proposed FSP. With one addition to contractors, suppliers, lenders, procedures to DOE and the 90-day maximize flexibility, the final rule deadline for beginning implementation consumers, and others. The utility remains essentially the same as the representatives asserted that utility of the RCS Program. Commenters proposed rule. objected that these time periods were ratepayers in Standby States should not Although NECPA requires all covered be required to pay, through higher rates, too short to perform the numerous and regulated utilities in a Standby State to complex activities involved in planning the higher costs incurred by utilities be covered by the FSP, the final rule under the Standby Plan when compared and initiating an RCS program. provides three means for handling DOE agrees that the 90-day period for wth the costs generated by a normal ongong RCS programs. First, DOE has RCS Program. Comments from the startup of an RCS program is extremely added a new provision which provides short. Nevertheless, DOE has no 44148 Federal Register / Vol. 48, No. -188 /»Tuesday, September 27, 1983 / Rules and Regulations discretion to alter this deadline, as B. Section 456.1001: Definitions clarified this section to provide that utilities are only responsible for their NECPA states that utilities must offer an The proposed definitions for the FSP own FSP compliance and for informing RCS program to their customers no later were the same as those found in their customers in writing of how to than 90 days after DOE issues an order § 456.105 of the RCS regulations with notify the Assistant Secretary with requiring implementation of the FSP. several minor exceptions. Some changes respect to allegations of noncompliance. However, DOE intends to minimize the reflect DOE’s assumption of State This information must be contained in constraints of this deadline in two ways. responsibilities under the FSP, while the information packet described in the First, the Department intends to utilize a others eliminate citations to regulatory preamble discussion of § 456.1008 prenotification process suggested by sections of the RCS Program that are not (Arranging installation). some of the commenters. Using this applicable to the FSP. DOE received few approach, DOE would notify each utility comments on this section. D. Section 456.1004: Utility and home of DOE’s initial determination that the One commenter stated that DOE heating supplier liability utility is covered by the FSP and that it should change the definitions of The few comments received on this will be receiving a compliance order caulking and weatherstripping to section suggested that DOE strengthen requiring the utility to implement an classify them as energy conserving and expand the language which practices rather than measures. The RCS program within 90 days. Such provides that utilities should not be held commenter stated that this change advance notification would provide the liable, by virtue of their role in should be made because the procedures utilities with lead time to begin performing arranging services under the to determine costs, savings, and developing their implementation FSP, in any caüse of action between a payback periods for these two measures customer and a lender or contractor. procedures. Second, DOE has deleted are highly judgmental and subject to the 30-day deadline in § 456.1021 for One commenter urged that DOE extend criticism. The commenter suggested that the exclusion of utility liability to all submission of implementation the auditor give the customer a range of aspects of the RCS Program. procedures to DOE, and has replaced it savings for installing caulking and DOE’s wording of this section repeats with the requirement that the weatherstripping and then encourage the language of the NECPA Conference procedures be submitted on a date the customer to install them before Report (H. Rep. No. 1751, 95th Cong. 2nd specified by the Assistant Secretary in installing any other measures. Sess. at 97). The Department does not the order. DOE agrees that one of the most cost- have the authority to broaden this A related concern of several effective actions a customer can take is language. Consequently, DOE has to install caulking and weatherstripping commenters was that utilities would retained this section as proposed. to lower the amount of infiltration need more than 30 days to submit However, as stated in the November 7th through the envelope of the home. DOE procedures on the recovery of RCS RCS rule and the June 25th revised rule, also agrees with the commenter that it is program costs, since State regulatory by including this section in the FSP difficult to assess the effectiveness of authorities are responsible for regulation DOE does not intend to existing caulking and weatherstripping. determining this issue. Commenters override contrary State law, or to However, in the final rule DOE has not pointed out that these agencies have suggest that utilities or others involved defined caulking and weatherstripping previously taken anywhere from 2 in the RCS Program cannot be held as practices because Section 210 of months to 2 years to reach decisions on liable in other circumstances. NECPA requires that they be classified the treatment of RCS program costs. as program measures. E. Section 456.1005: Scope of benefits DOE has eliminated this requirement One commenter suggested that the from | 456.1021 and is, instead, requiring The comments on this section focused auditor include in the audit results on two points. One commenter argued that utilities report on cost recommendations about air conditioner that the wording of § 456.1005(c)(2) determination under the reporting efficiency and proper size. DOE agrees should be clarified, since the proposal is provisions of § 456.1020. that the proper sizing of a central air vague as to what evidence is necessary In addition to the three most common conditioner is important, as most for a customer to receive the scope of comments discussed above, DOE existing units are significantly benefits after purchasing a program received comments on many other oversized. This situation leads to measure from a listed supplier. DOE has aspects of the proposed Federal Standby increased cycling losses and a general revised the language to specify that the Plan. DOE discusses below the degradation of the unit’s efficiency. customer shall have received from the comments received and DOE’s However, since it is not a requirement listed supplier a written statement that determinations on those points. under the RCS Program, DOE has the measure carries the measures Throughout the discussion below, we decided not to require auditors for warranty. The customer is responsible utilities under the FSP to provide will be using the term “utilities” to for requesting such a statement at the include participating home heating customers with information on the time of purchase. suppliers, unless otherwise noted. proper sizing of air conditioning units. Two commenters recommended that III. Discussion of Specific Comments C. Section 456.1003: Enforcement § 456.1005(d)(4), concerning the benefit and DOE Response Of the eight comments received on of quality assurance activities, be this section, most concerned the deleted because of the burden it places A. Section 456.1000: Introduction - requirement that FSP utilities notify on utilities. It was suggested that this No comments were received on this DOE after receiving reports of possible provision would operate to hold the section. However, DOE has added a FSP noncompliance. Commenters stated utility responsible for the safety or provision which provides the Assistant that this provision inappropriately effectiveness of the measure installed. Secretary with the discretion to review involves utilities in enforcement of the Because this was certainly not DOE’s and approve a utility’s ongoing RCS FSP. DOE never intended for utilities to intent, DOE has deleted this provision. program. This issue is discussed in more be directly involved in enforcing the Revisions to the quality assurance section (| 456.1013) eliminate the detail above. Plan. Consequently, the Department has Federal Register / Vol. 48, No. Ï88 / Tuesday,*Sêptëmber'27, 1983’/ ftiifes arid Régulations 44149

necessity for such a provision in this such services as part of the program section. measure should be audited for in a given announcement. residence. One commenter suggested F. Section 456.1006: Program A few commenters suggested that DOE include a criterion which announcement modifying in various ways the other would allow an auditor the flexibility to information required to be provided in Most of the 22 comments received on determine whether a measure was the program announcement, the practical to install or not. DOE agrees this section focused on the distribution requirement for utilities to submit to and content of program announcements. that such a provision would help DOE their procedures for determining auditors provide only reasonable and A large number of these comments energy cost savings, and the provisions addressed timing issues, particularly the useful information to customers who concerning new customers. DOE was receive audits. Consequently, this requirement that utilities distribute not persuaded by any of these program announcements to all eligible additional criterion has been included in comments and has made no changes in the final rule. However, an auditor may customers no later than 90 days after the these areas. Department issues FSP compliance only exclude auditing for a program / The proposed FSP stated that, if a measure based on this practicality orders and the proposed requirement utility wishes to include advertising in that unconditional audit offers be given criterion when the costs associated with its program announcement, it must seek the installation (i.e., structural changes within 1 year of a conditional offer. DOE approval for such advertising. Commentera argued that 90 days was required to the building) of a particular Three commenters addressed this issue. measure would be substantially higher too short a period and could result in a One argued that advertising should be large backlog of audit requests in some than the average cost of installing such a totally prohibited. The others requested measure in a residence. areas. DOE has no discretion to change modifications which would either this 90-day deadline, as it is required by expand or limit utilities’ flexibility Several commenters addressed the NECPA. DOE’s approach to reducing the concerning advertising. DOE believes DOE proposed applicability criterion problems associated with this tim ing that the inclusion of advertising in the requiring the auditor to perform a flue issue is discussed in detail in section II prdgram announcement should not be gas analysis to determine the steady of this preamble. prohibited. However, DOE approval will state efficiency of oil furnaces. Most of DOE’s proposal that unconditional be contingent on the utility assuring the commenters opposed the audit offers under the FSP be given DOE that the advertising is neither requirement as being costly, time within 1 year of a conditional offer discriminatory nor anticompetitive. consuming, and impractical, especially if differed from the 2-year requirement in the audit was conducted during a month the RCS Program regulation. Several G. Section 456.1007: Requirements for in which the furnace was not in use. utilities maintained that the 1-year program audits DOE is persuaded by such comments interval would place an undue strain on In the proposed FSP, DOE had set and has decided to amend the final rule. their resources. Since the forth a few more specific audit The FSP now allows the auditor implementation of the RCS Program in requirements than were required in the flexibility in evaluating the efficiency of FSP States has already been delayed RCS final rule. The proposal required oil fired furnaces. The auditor may longer than originally anticipated, DOE utility responses to all audit requests to either perform a flue gas analysis or believes that it is important to insure the be made within a specified amount of utilize the manufacturer’s name plate availability to RCS services over the time. For those utilities that provide data and observe the furnace shortest practicable period. unconditional audit offers, DOE components. Consequently, DOE has not changed this proposed to require that they respond to DOE received one comment requirement. such requests within 90 days. DOE also recommending a change in the wording A few commentera addressed the proposed that for those utilities that first of the applicability criterion for clock issue of providing information in the conditionally offer audits to customers, thermostats. The proposed rule criterion program announcement about Federal a reasonable response time to audit stated that an audit should be performed energy tax credits and such financial requests based on the unconditional for a clock thermostat when a residence assistance sources as State tax credits offer is 45 days. DOE received several either has a thermostat or an existing and weatherization assistance for low- comments suggesting that any specific furnace or central air conditioner that is income persons. One commenter response time be eliminated. They compatible with a clock thermostat. The pointed out that DOE’s language on suggested instead that the FSP repeat commenter stated that an audit for this Federal energy tax credits did not reflect the requirement of the RCS final rule measure was appropriate only if a recent statutory expansions of some that audits be responded to within a residence has a thermostat and an provisions. DOE has adopted language reasonable amount of time. Comments existing furnace or central air accurately describing Federal tax suggested that this would be less credits. conditioner that is compatible with a burdensome for utilities faced with large clock thermostat. DOE agrees that the The limited number of comments on numbers of audit requests. commenter’s suggested wording more the inclusion of financial assistance In this final rule, DOE has retained the accurately describes the situation which informatibn was evenly split between audit response time provisions as should exist before an audit is supporters and opponents of this proposed. If a utility under the FSP conducted for a clock thermostat. requirement. DOE has decided not to believes that it is not able to meet such Therefore, DOE has adopted thè require the inclusion of information on audit response deadlines, it may apply suggested wording in the final rule. financial assistance programs. The low- for an exception from this provision in One commenter recommended income weatherization assistance accordance with § 456.1022. This deleting the phrase in the applicability programs are available for only a small exception provision provides sufficient criteria for active solar space heating percentage of persons eligible for the flexibility to utilities. systems and combined active solar RCS Program. Utilities in regions with DOE received several comments on systems that reads, “and the residence active weatherization or other financial the proposed applicability criteria has a space heating system other than a assistance programs are not precluded developed by DOE for an auditor to use steam heating, electric radiant heating, from making available information on in determining whether a particular or electric resistance baseboard heating 44150 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulation^

system.” The commenter stated that delivery of audit results because of the arranging services consist of offering to active solar heating systems could be potential for a customer to provide an information packet to all its used in conjunction with steam heating, misunderstand results sent in the mail. customers who have had RCS audits. electric resistance radiant heating, or DOE has retained in the final rule the This packet would include a list of electric resistance baseboard heating flexibility for utilities either to deliver contractors and financial institutions systems. DOE agrees with the audit results on site and in person or to that have met the listing requirements of commenter and has made the change to mail the results to the customer. DOE the RCS Program, basic information the final rule. included several provisions in the about home improvement loans, and an The same commenter also suggested proposed FSP to assure customer arrangement card. that DOE conduct further evaluations of understanding of audit results. These Although several commenters heat absorbing or heat reflective provisions, which remain in the final supported this approach, the majority window and door material to evaluate rule, require utilities to provide the objected to it, either in whole or in part. the losses of solar gains in the heating customer with a written sample of the Some recommended that these system against the summer savings. typical form of the audit results, a brief requirements be dropped entirely or DOE agrees that, in some climate zones explanation of how to interpret such modified to allow existing customer and for some fuel types, the summer results, and an opportunity for the information services or materials to savings gained by the addition of heat customer to ask a qualified person suffice. absorbing and reflective window and questions about the results of the audit. DOE has largely adopted the proposed door material might be offset by the One commenter asked DOE to require provisions concerning arranging losses of solar gain in the heating auditors to tell customers that energy installation and financing. The statutory season. Therefore, DOE encourages a savings for installing measures are not requirement that utilities offer to assist utility to exclude this measure from its cumulative. DOE has not made this a eligible customers in arranging the RCS program if it determines that by requirement in the final rule because installation and financing of program substituting its own data into the some audit procedures take into account measures is clear. This requirement is economic formula the measure does not the interactive effect of the installation distinguished in the statute and pay back in 7 years or less. All of measures. However, DOE suggests conference report from the requirements substantiating data used to support such that utilities that use audit procedures to prepare and distribute lists of exclusions must be submitted to DOE that do not take into consideration the contractors, suppliers, and lenders. DOE prior to approval of such an exclusion. interaction between measures (e.g., the continues to believe that the required Another commenter questioned why DOE Model Audit) inform their arranging services provide customers the proposed rule contained no customers either in the program with sufficient information to enable applicability criteria for duct and pipe announcement or during the audit that them to install and finance measures, insulation and passive solar the total energy cost savings from the while placing only a minimal burden thermosyphon systems. The omission of installation of more than one program upon utilities. DOE leaves to utilities the applicability criteria for pipe and duct measure may be less than the sum of the flexibility to design the arranging packet insulation in the proposed rule was an energy cost savings of each measure as they wish. Consequently, utilities are oversight by DOE which has been installed individually. free to utilize or modify existing corrected in the final rule. The Another comment concerned the customer information materials if they applicability criteria for passive solar requirement that the auditor perform a meet the requirements specified in program audit only for those measures thermosyphon systems are included §§ 456.1008 and 456.1009. provided for in Appendix I or those under direct gain and indirect gain Two commenters suggested that DOE products or measures approved by DOE systems. clarify, and more narrowly define, the pursuant to § 456.1022. The commenter, The same commenter also type of financial information that must stating that utilities need flexibility to recommended that DOE delete the be included in the arranging packet. The answer customers’ questions about proposed applicability criterion which Department purposely used broad matters unrelated to the audit, suggested stated that a measure is only applicable language to provide utilities with in a residence if installation of the that DOE only restrict utilities from including cost estimates respecting non- flexibility in this area. Precise measure would not violate Federal, definitions would limit such flexibility. State, or local laws or regulations. The program measures in their RCS audit Therefore, with some modifications, commenter believed that auditors do not calculations. DOE has maintained the original have the necessary expertise to make DOE has not changed this provision in such legal determinations. Even though the final rule because utilities are not provision. DOE does not expect auditors to be prevented from answering a customer’s I. Section 456.1011: Customer billing, cognizant of all such laws and questions that arise during the audit repayment o f loans, and termination of regulations, DOE has retained the about non-program measures or serv ice provision as proposed. This criterion products. However, utilities are not Proposed § 456.1011 is the same as gives the auditor the flexibility to allowed to conduct an audit for any non­ § 456.310 of the RCS revised final rule. eliminate from the audit any measures program measure or product without One commenter asserted that wording whose installation he or she knows to DOE approval. needed to be added to § 456.1011(b) to be in violation of Federal, State, or local H. Sections 456.1008 and 456.1009: clarify where the utility’s responsibility law or regulation. Further, utilities do Arranging installation and financing ends on collection of loan payments. have an obligation to acquaint their The commenter was concerned that a energy auditors with at least some basic The Department received 10 information on relevant Federal, State, comments on those provisions of the utility, by allowing a customer to repay a conservation loan throùgh the utility or local laws and regulations. proposed rule requiring utilities to offer DOE received some comments about to help eligible customers arrange the bill, would be responsible to the lender the proposed provisions for audit installation and financing of RCS if the borrower defaulted. results. One commenter felt that the rule program measures. DOE proposed that a DOE never intended that utilities should be modified to require on-site utility’s installation and financing incur additional loan collection Federal Register / Vol, 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations 44151

responsibilities as a result of allowing First, the temporary delisting authority effectiveness in the supply and loans to be repaid as part of the utility has been replaced with a provision installation of program measures. bill. Of course, utilities and lenders are allowing the Assistant Secretary to In addition, some of the commenters free to establish those responsibilities, if suspend any listed party about whom supported Proposal B, but argued that both parties agree. DOE believes the sufficient evidence exists of a violation the requirement for utilities to conduct existing language is sufficiently clear, that may cause a health or safety threat post-installation inspections be dropped. and hence no changes to the wording of to an eligible customer. The suspension They pointed out that DOE had removed the regulation have been made. period would be for no longer than 60 this requirement from the revised RCS /. Section 456.1012: List o f suppliers, days pending an investigation by DOE. final rule as being too burdensome. They contractors, and lenders Second, the Assistant Secretary has argued that FSP utilities should not have been given flexibility in establishing the The majority of commenters to undertake costly activities which delisting period for any single violation. expressed the concern that the listing were no longer required of other The maximum delisting penalty would requirements proposed in the November utilities. be six months and would include any 26th notice placed an unacceptable As discussed earlier in this preamble, period of suspension that had been DOE carefully reviewed all the FSP administrative and legal burden on imposed. utilities, both in the establishment of the proposals which assigned to utilities Master Record and in the responsibility Other changes concerning the responsibilities which they would not for temporary delisting. As discussed requirements for inclusion in the Master necessarily have under State- earlier, the argument was made by both Record have been made to conform to administered RCS programs. As a result, utilities and contractors that listing and changes in the substantive requirements DOE has decided not to require utilities delisting are inherently governmental of the rule, particularly concerning to inspect installers’ work. However, the functions and that requiring a major role installer qualifications. Department continues to believe that, by utilities in their execution is contrary K. Section 456.1013: Quality assurance especially under the FSP, utilities do to legislative intent and would expose have a role to play concerning the utilities to antitrust and anticompetitive In the proposed FSP, DOE offered for installation of measures recommended liability. comment two alternative approaches to by utilities as part of their energy audits. In response to these comments, DOE quality assurance. In the first, Proposal Since some evidence exists suggesting has eliminated the utility role in the A, each utility was to develop its own that improper installations have been a development of the Master Record and quality assurance procedures and significant problem, at least in the early in the provisions for temporary delisting. submit them to DOE for approval. Under stages of several existing conservation Utilities will continue to have Proposal B, DOE established quality programs, customers should be advised responsibility for preparing and assurance procedures with which of the need to guard against this disseminating to their customers lists utilities were required to comply, possibility. DOE does not have the same covering their service areas or portions although utilities were allowed some access to eligible customers as do of their service areas where shorter lists flexibility in implementing those utilities, and hence cannot provide the based on geographic location are more procedures and the opportunity to services and information that utilities practical and useful. These lists will be request exceptions from one or more of can on this subject. Although the derived from the Master Record, which the requirements. Under this alternative, delisting process is an important means will be compiled by DOE. Utilities will a utility was required to perform random of removing poor quality contractors also be responsible for forwarding to post-installation inspections and to offer from the program, it is not sufficient for DOE evidence they might receive of to provide customers with three types of informing customers of how they can installers of suppliers who are not information. This information included determine if work on their homes is meeting RCS requirements. In this ways to recognize the most common properly done. capacity, they serve merely as a conduit types of improper installation; a After a careful review of the of information, and are not required tot description of Federal, State, and local comments, DOE has decided to adopt a solicit information or make any conciliation and redress procedures; and modification of Proposal B in this final judgments about the information the availability of independent rule. Utilities are now required to offer received. inspection services. to provide quality assurance materials DOE will assume all responsibility for The approximately 20 comments to all customers who have had RCS delisting. In revising the delisting submitted on this section were almost audits. These materials are to include provisions for DOE administration, two evenly divided between those favoring information on how a homeowner can major issues were considered. First was the flexibility of Proposal A, those recognize the most common types of the need to provide adequate and preferring the specificity of Proposal B, improper installation and on the immediate protection to consumers and those finding both proposals responsibilities of and means of whenever health and safety concerns unacceptable. Commenters making the contacting public or private independent exist. Second was the desire to provide latter point argued that it was neither inspection services. In addition to a strong incentive for compliance by appropriate nor practical for utilities to deleting the requirement that utilities listing installers, suppliers, and lenders. be assigned the consumer protection perform post-installation inspections, Similar concerns were emphasized in responsibilities which properly belong to DOE has also removed from this section the comments of an association of State or Federal agencies or the provision that utilities provide public power utilities. They supported independent third parties. Concerns customers with information on Federal, the concept of immediate temporary were also raised that these proposals State, and local conciliation and redress delisting as necessary for consumer would expose utilities to serious claims procedures. This requirement needlessly protection and urged the use of an of liability from customers, installers, duplicated those in § 456.1018 indefinite maximum delisting period in and suppliers. It was suggested that the (complaints processing procedures). order to protect the public adequately. listing and delisting processes of Under § 456.1021, utilities are to submit The delisting provisions of the final § 456.1012 were the only mechanisms to DOE the procedures by which they fSP have been substantially modified. necessary to ensure safety and intend to carry out these two quality 44152 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations assurance requirements. In addition, their qualifications for inclusion in the will be no State agency overseeing the utilities may request an exception from Master Record. utility’s actions. Another commenter either or both of these requirements DOE is persuaded by the concerns suggested that any change proposed by under the provisions of § 456.1022. Such expressed by the commenters and has a single utility to the list of RCS program requests must demonstrate that existing substantially revised this section. DOE measures should be open to comment on mechanisms are sufficient to accomplish has retained as proposed the auditor a Statewide basis prior to DOE’s the same purposes as the required qualification requirements and the determination to allow or prohibit a procedures. exemption for an auditor who has utility from adding or dropping the previously operated under an approved program measure. Finally, one L. Section 456.1014: Qualification State plan. However, since DOE has commenter asserted that a utility procedures for auditors deleted from the final FSP any post­ wishing to add a measure or product to The proposed FSP contained various installation inspection requirements (see its RCS program pursuant to § 456.1022 responsibilities for utilities regarding the preamble discussion of § 456.1013, should coordinate with other utilities in qualifications of auditors, installers, and Quality assurance), DOE has eliminated the State before submitting its proposed inspectors. DOE proposed that each all inspector qualification requirements. addition to DOE. utility develop procedures to ensure that In addition, DOE has removed all DOE has retained the provision as its RCS auditors successfully complete responsibility from utilities for proposed. In an effort to be consistent any DOE-approved training program or qualifying installers. Instead, DOE has with the requirements that a utility pass a DOE-approved certification adopted a modified version of the would have to follow under a State RCS examination. The proposal also required alternative concerning installer plan, DOE will only allow a utility to utilities to develop procedures to ensure qualifications which was suggested in exclude a program measure identified in that installers of flue opening the preamble to the proposed rule. The Part 456, Appendix I, if by substituting modifications, electrical and mechanical final FSP now requires that in order to utility derived data into the economic ignition systems, and wind energy be listed on the Master Record of formulal, the utility determines that a devices operating under the FSP were installers for wind energy devices, measure does not pay back in 7 years or able to install such measures in electrical and mechanical ignition less. DOE must receive all data to compliance with applicable Federal, devices, or flue opening modifications, support such an exclusion prior to State, or local laws or regulations. installers must present sufficient approval of such an exclusion. The Utilities were also to establish evidence of their qualifications to DOE. approval process should also eliminate Such evidence could include, but is not procedures to ensure that inspectors most of the concerns raised by were able to inspect for installer limited to, evidence of successful commenters on the addition of compliance with applicable laws, completion of a manufacturer’s measures. Furthermore, although DOE installation training course or an regulations, or standards for all finds some merit to the suggestion installer’s license issued by a State measures. In the preamble of the requiring utility coordination prior to the agency. In addition to such evidence, proposal, DOE suggested that in lieu of addition of program measures, it would DOE is now requiring that installers of utility-established qualification be unnecessarily restrictive for DOE to flue opening modifications certify to procedures, DOE could require installers require such coordination in every DOE that they will install such devices to present evidence to DOE of their instance or to determine the exact in accordance with the procedures qualifications to install certain measures nature of such coordination. outlined in the DOE Gas Space Heating as a condition for their inclusion on the Equipment M odifications Guide. This N. Section 456.1017: Supply,'installation Master Record. document is available from either the and financing by utilities Most comments received on this Building Services Division at the DOE received only a few comments section supported the requirement that address given in the front of this notice utilities ensure the qualifications of or the Government Printing Office, stock on its provisions in the FSP regarding auditors, since auditors are under direct number 061-000-00-522-6. These new utility supply, installation, and financing utility control. However, most listing provisions should adequately programs. One commenter suggested commenters argued that the training and ensure that installers of flue opening that DOE hold a public hearing before qualifying of installers and inspectors modifications, electrical and mechanical approving a request from a utility to should not be a utility function. Utilities ignition devices, and wind energy initiate a subcontractor supply or stated that they did not have the devices operating under the FSP will be installation program. DOE has not expertise to ensure installer or inspector qualified. - adopted this suggestion in the final rule. qualifications. Some commenters DOE will review each request by a asserted that requiring utilities to M. Section 456.1016: Program measures utility for a subcontractor exemption on perform such functions could present the The proposed FSP allowed a utility to an individual basis. Since DOE retains utility with severe liability problems. drop from or add to the list of program the flexibility to require a public hearing Others argued that utilities should not measures identified in Part 456, on a utility exemption request if have to bear the expense of qualifying Appendix I, with DOE approval. A few necessary, there is no need to establish installers to engage in profit-making comments were received supporting this a general requirement for a public activities. Some commenters stated that approach. One commenter believed that hearing regarding such exemption DOE, in its role of lead agency, should a utility should be able to exclude a requests. assume the responsibility for ensuring measure from its program if auditing for O. Section 456.1018: Complaints that installers and inspectors are that measure was not cost-effective and processing procedures qualified under the program. Others thus led to increased utility rates. supported the alternative of requiring However, others expressed concern that Many commenters objected to the installers of flue opening modifications, a utility might take advantage of the proposed requirement that utilities electrical and mechanical ignition opportunity to add measures to its RCS assume responsibility for developing systems, and wind energy devices to program and turn the audit into a utility and implementing procedures for submit to DOE sufficient evidence of marketing tool, especially since there conciliation conferences and redress proceedings for customer complaints One reporting requirement added to be printed in the program against persons who install or sell this section is the description of the measures under the FSP. The major announcement, it would not be possible treatment of utility costs. This to request and receive a decision from issue addressed by commenters was information is now to be included in DOE in time to meet the statutory whether or not complaint processing is utilities’ reports to DOE, rather than in an appropriate function for utilities to requirements for program a renouncement the procedures requiring DOE approval distribution. DOE recognizes this ! undertake. Recommendations were prior to program implementation. A made that DOE develop and administer concern and will attempt through the second additional requirement is for prenotification process to assist utilities the conciliation and redress procedures. utilities to report the number and a Additional comments addressed the in carrying out their responsibilities description of complaints lodged against under the FSP. specifics of the proposed requirements. the utility under the FSP. Such Other commenters requested One commenter recommended information is necessary to help DOE additional provisions to allow utilities to establishing a single unified process monitor utility performance under the receive approval for individually ranging from informal to formal program. tailored Standby plans similar to the procedures to address both conciliation Although a few commenters Temporary Program provisions of the and redress problems. Other expressed concern that the reporting revised RCS final regulation. As commenters objected to the idea of and recordkeeping requirements were discussed earlier in this preamble, DOE conciliation by telephone as an too extensive and not justified, DOE recognizes the desirability of maximum appropriate means of resolving disputes. believes that the amended reporting DOE recognizes the merits of requirements are essential to monitor flexibility in the implementation of the objections to utilities assuming program implementation effectively. The FSP. To the greatest extent feasible, the responsibility for handling consumer information required will ensure that final rule allows for such flexibility. A complaints against installers or DOE and Congress have basic new exception has been added to allow suppliers and has revised § 456.1018. information on the extent of program for approval of existing RCS programs. Utilities are now required to identify, implementation and customer response. However, DOE has no authority to grant and offer to provide customers who Temporary Program requests under the have had audits with information on, Q. Section 456.1021: Information to be FSP. existing mechanisms for resolving reported to the Assistant Secretary In submitting exception requests, DOE complaints against installers and The majority of commenters on this expects utilities to submit sufficient suppliers. This information should section expressed concern that the 30- information for DOE to make a include the names, addresses, and day response time for submitting determination on whether the proposed telephone numbers of State and local procedures after an implementation alternative will substantially achieve organizations which handle consumer order has been issued was insufficient. the intended purpose of the provision for problems; a description of each Many commenters believed that which an exception is being requested. jOrganization’s responsibilities and development of all procedures would IV. Regulatory Impact Analysis services; and a brief outline of the steps require more than 30 days. However, required to initiate action. In the event some comments focused specifically on Section 3(c)(2) of Executive Order that no such channels exist, DOE will the requirement to report the description 12291 generally requires that an agency establish appropriate conciliation and/ of treatment of costs, which requires prepare a Regulatory Impact Analysis or redress procedures. Utilities also are approval by State regulatory authorities. for rules that are likely to have a major required to offer to provide their DOE recognizes the merits of these impact. customers with information on how to objections and has revised § 456.1021 in DOE determined that the November resolve complaints against the utility. several ways to counter the difficulty. 12,1981, proposal (46 FR 55836) to Utilities are required to submit to DOE First, the 30-day time period has been amend the RCS Program regulation was the information that will be made eliminated and replaced with language a major action and required preparation available to their customers on to allow the Assistant Secretary to of a Regulatory Impact Analysis. complaints processing as part of the specify the time period for submitting Consequently, the Department prepared implementation procedures covered in procedures for approval at the time an the analysis, which was finalized for } 456.1021. implementation order is issued. Second, publication in conjunction with the f ‘ Section 456.1020: Reporting and as has been discussed earlier in this revised RCS final rule published on June recordkeeping preamble, DOE intends to use a 25,1982 (47 FR 27752). Since the RCS prenotification process to provide Federal Standby Plan regulation is Some changes have been made to the utilities with additional time to prepare largely an incorporation of the Importing and recordkeeping procedures. Finally, the requirement to applicable revised RCS provisions and requirements that were proposed in the report on the treatment of costs has was covered within the scope of the jNovember 26th notice. Because post­ been moved from § 456.1021 to RCS analysis, DOE determined in the installation inspections and complaint § 456.1020 (Reporting and procedures regarding persons who November 26,1982, proposal that a recordkeeping). DOE believes this mstall or supply measures have been separate regulatory analysis was not change will provide utilities with eliminated as utility responsibilities, required for this rulemaking (47 FR 53634 adequate time to obtain necessary at 53639). jhese two reporting requirements have approvals from their State regulatory been eliminated. The recordkeeping authorities. V. Regulatory Flexibility Act Requirement concerning audit reports has been modified so that utilities are R. Section 456.1022: Exceptions The Regulatory Flexibility Act (Pub. L. 96-354) requires, in part, that agencies required to maintain a copy of the audit The most frequent comments on this fcport and not the data collected during prepare an initial Regulatory Flexibility section concerned the issue of timing Analysis for any proposed rule unless it audit. This change is consistent with Some commenters were concerned that is determined that the rule will not have fNEqUirement8 Section 215(b)(1)(A) in instances where an exception was “a significant economic impact on a requested which involved information to substantial number of small entities.” In 4 4 1 5 4 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations the event that such an analysis is not Issued in Washington, D.C., September 22, good faith with an approved RCS State required for a particular rule, the agency 1983. plan to continue to operate under that must publish a certification and Pat Collins, plan even though the State lead agency explanation of that determination in the Acting Assistant Secretary, Conservation and has relinquished or been relieved of its Federal Register. Renewable Energy. responsibilities. Furthermore, the Assistant Secretary shall have the DOE certified in the proposed FSP PART 456—[AMENDED] discretion to allow any utility in a that the proposed rule would not have a 1.10 CFR Part 456 is amended by Federal Standby State which is significant economic impact on a currently operating under an approved substantial number of small entities (47 adding to the Table of Contents the following entries for Subpart J: RCS program in a separate State to FR 53634 at 53639). DOE did not receive operate a similar program in the any comments directed specifically at Subpart J—Residential Conservation Standby State. In accordance with this certification. Therefore, DOE again Service (RCS) Federal Standby Plan § 456.1022, the utility shall submit to certifies that this rulemaking will not Sec. 1 DOE for approval a copy of the RCS have a significant economic impact on a 456.1000 Introduction. plan under which it is currently substantial number of small entities. 456.1001 Definitions. operating. 456.1002 Coverage of RCS Federal Standby VI. Environmental Impacts Plan. § 456.1001 Definitions. 456.1003 Procedures for investigating and All definitions set forth in § 456.105 In accordance with the requirements enforcing compliance with the RCS of the National Environmental Policy Federal Standby Plan. are applicable where relevant to this Act of 1969 (42 U.S.C. 4321 e t seq .), DOE 456.1004 Utility and home heating supplier subpart, except as set forth below. prepared an Environmental Impact liability. Energy Conserving Practices. The Statement (EIS) for the entire 456.1005 Scope of benefits. term ‘‘energy conserving practices" Residential Conservation Service 456.1008 Program announcement. means low or no cost practices 456.1007 Requirements for program audits. Program (DOE/EIS-0050). The program designated by the Assistant Secretary 456.1008 Arranging installation. which (a) save energy, (b) do not require analyzed in the EIS included the 456.1009 Arranging financing. possible Federal role in promulgating a 456.1010 Accounting and payment of costs. the installation of energy conservation plan for utilities in States .that refuse or 456.1011 Customer billing, repayment of or renewable resource measures, and (c) are unable to participate. The notice of loans, and termination of service. do not adversely impact the RCS 456.1012 List of suppliers, contractors, and Federal Standby Plan. Utilities may add availability was published in the lenders. to or delete from the practices set forth Federal Register on November 7,1979 456.1013 Quality assurance. in § 456.105, as specified in § 456.1022. (44 FR 64602). 456.1014 Qualification procedures for Participating Home Heating Supplier. As stated in the proposed FSP, DOE auditors. The term “participating home heating has determined that the subject matter 456.1015 Home heating suppliers. supplier” means a home heating supplier of this rulemaking is within the scope of 456.1016 Program measures. 456.1017 Supply, installation, and financing that has elected to participate in the the programmatic Environmental Impact by utilities. RCS Federal Standby Plan. Statement. 456.1018 Complaints processing procedures. Program Announcement. The term VII. Paperwork Reduction Act 456.1019 Coordination. "program announcement” means the 456.1020 Reporting and recordkeeping. RCS Program information and offer of The reporting and recordkeeping 456.1021 Information which a utility and services required to be provided by a participating home heating supplier shall requirements contained in sections covered utility or participating home report to the Assistant Secretary. 456.1020 and 456.1021 have been 456.1022 Exceptions. heating supplier to each eligible approved by the Office of Management customer by § 456.1006. and Budget under the provisions of the 2.10 CFR Part 456 is amended by Program Measures. The term Paperwork Reduction Act of 1980 (Pub. adding a new Subpart) to read as “program measures” means those L. 96-511) and have been assigned OMB follows: energy conservation or renewable control number 1904-0042. Subpart J—Residential Conservation resource measures which the Assistant Service (RCS) Federal Standby Plan Secretary has by rule determined to be List of Subjects in 10 CFR Part 456 appropriate by climatic region and fuel Energy audits, Energy conservation, §456.1000 Introduction. use category and which are found in Housing, Insulation, Reporting and (a) The RCS Federal Standby Plan Appendix I of this part, or which are recordkeeping requirements. Solar (FSP or Plan) specifies the procedures to determined to be program measures by energy, and Utilities. be followed to ensure that eligible a utility or participating home heating customers receive the services of the supplier in accordance with § 456.1016. Authority: Part 1 of Title II of the National RCS Program when a State does not RCS Federal Standby Plan. The term Energy Conservation Policy Act, Pub. L 95- submit an acceptable RCS Plan within "RCS Federal Standby Plan” (FSP or 619, 92 Stat. 3206 et seq. (42 U.S.C. 8211 et the necessary time or fails to implement Plan) means a plan developed pursuant seq.), as amended by T itle V, Subtitle B of the to Subpart F of this part and Section 219 Energy Security Act, Pub. L. 96-294; 94 Stat. adequately an approved plan. of the National Energy Conservation 611; Department of Energy Organization Act, (b) This Plan sets forth the functions which utilities subject to the Plan will be Policy Act (NECPA). Pub. L. 95-91, 91 Stat. 565 et seq. (42 U.S.C. ordered to perform. The core of the Plan 7101 et seq.). § 456.1002 Coverage of RCS Federal is the offer of an on-site energy audit of Standby Plan. In consideration of the foregoing, the an eligible customer's residence. Department of Energy amends Chapter (c) In implementing the Federal (a) Regulated utilities. All regulated II, Title 10, Part 456 of the Code of Standby Plan, the Assistant Secretary utilities providing utility service in a Federal Regulations, as set forth below. shall have the discretion to allow a State where the FSP is ordered to be utility which is currently complying in enforced and which meet the definition Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations 44155

of “covered utility” shall be subject to that a State or local law or regulation (c) The benefits listed in paragraphs the FSP. prohibits a utility from taking any action (d) (1), (2), (3), and (4) of this section (b) Any home Home heating suppliers. required to be taken under NECPA or shall be made available to any eligible heating supplier in a State where the any rule or FSP promulgated pursuant to customer who receives an RCS audit FSP is ordered to be enforced and which NECPA or permits or requires a utility to and takes the following actions: wishes to participate in the FSP may so take any action prohibited by NECPA or notify the Assistant Secretary. (1) Purchases any program measure any rule or FSP promulgated pursuant to from a supplier listed in the Master §456.1003 Procedures for investigating NECPA, the Assistant Secretary shall Record; and and enforcing compliance with the RCS issue an order superseding such State or (2) Requests and receives a written Federal Standby Plan. local laws or regulations to the extent statement from the supplier that the (a) Investigation and enforcement. inconsistent with NECPA or any rule or measure carries the measure warranty. (1) The Assistant Secretary requires FSP promulgated pursuant to NECPA. (d) The benefits to which an eligible each utility arid each participating home Such an order shall be effective with customer is entitled as a result of certain heating supplier subject to the FSP to respect to all utilities subject to such actions described in paragraphs (a) comply with the Plan pursuant to the State or local laws or regulations’and through (c) of this section are; authority given the Assistant Secretary shall moot any outstanding petitions (1) The measure warranties defined in in Section 219 of NECPA (42 U.S.C. under this section by such utilities. § 456.105 with respect to any program 8220). (c) A ppeals. (1) Any person aggrieved measure; (2) Individuals or groups wishing to by any order, finding, or determination (2) Billing of costs and repayment of report possible noncompliance with this made under paragraph (b) of this loans as described in § 456.1011; Plan shall inform the Assistant section, § 456.1012(c)(6), or § 456.1017 (3) The requirements placed on I Secretary. Each utility and participating may appeal that order, finding, or suppliers, lenders, and contractors by r home heating supplier shall inform their determination within 30 days in § 456.1012(b); and customers on how to notify the accordance with 10 CFR, Subpart H of (4) Access to conciliation services and Assistant Secretary with respect to such Part 205. All such appeals shall be filed redress procedures described in reports. This information shall be with the Office of Hearings and § 456.1018. contained in the information packet Appeals, Department of Energy, distributed pursuant to § 456.1008. The Washington, D.C. 20585. § 456.1006 Program announcement Assistant Secretary may investigate any (2) Any person so aggrieved has not (a) Distribution and content Each allegation of noncompliance or any exhausted his administrative remedies utility subject to the FSP shall send to complaint concerning the RCS Program until an appeal has been filed under that each eligible customer a copy of the or this Plan submitted to DOE, or on his subpart and an order granting or program announcement no later than 90 own initiative may review the activities denying the appeal has been issued. days after the issuance of an order from of utilities or participating home heating the Assistant Secretary to comply with suppliers subject to the FSP to determine § 456.1004 UtHity and home heating supplier liability. the FSP. Each participating home compliance with the Plan. heating supplier shall send to each (b) Conflicts o f laws. Each utility A utility or participating heating eligible customer a copy of the program subject to the FSP shall petition the supplier subject to the FSP that arranges announcement no later than the date set Assistant Secretary in accordance with for a lender to make a loan to, or a forth in the notice from the Assistant § 456.102 whenever the utility believes it . contractor to perform work for an Secretary approving participation by the is prohibited by a State or local law or eligible customer should not be held home heating supplier in the FSP. A regulation from taking any action liable, by virtue of its role as project program announcement must, at a required to be taken under NECPA or manager for the FSP, in any cause of minimum— any rule or FSP promulgated pursuant to action between such customer and such (1) List the program measures NECPA, or whenever the utility lender or contractor. identified in Appendix I or the program believes it is required or permitted by a § 456.1005 Scope of benefits. measures developed by the utility State or local law or regulation to take pursuant to § 456.1016, for the category (a) The benefits listed in paragraphs any action prohibited by NECPA or any of residential buildings owned or (d) (1) through (4) of this section shall be rule or FSP promulgated pursuant to occupied by such eligible customer; made available to any eligible customer NECPA. (2) List the energy conserving who receives an RCS audit and who (1) This petition shall contain a copy practices defined in § 456.105 and takes the following actions: of the applicable State or local laws or § 456.1001 or the practices developed by regulations and a description of the (1) Signs a contract for the installation the utility and approved by the action the utility believes it is prohibited of a program measure with an installer Assistant Secretary pursuant to from taking or is permitted or required listed in the Master Record; and § 456.1022, and state that they are of low to take under such laws or regulations. (2) Returns the arrangement card to or no cost; (2) The Assistant Secretary shall give the utility as provided for in § 456.1008. (3) Include a reasonable estimate (or a notice of the petition to the Governor, (b) The benefits listed in paragraphs range of estimates) of the savings in State Energy Office, and State (d) (2), (3), and (4) of this section shall be energy costs for a period of one year, Regulatory Authority of the applicable made available to any eligible customer which are likely to result from State and such other persons as the who receives an RCS audit and who installation of each of the applicable Assistant Secretary deems appropriate. takes the following action: program measures and adoption of the Any such person or entity may file (1) Obtains a loan for the installation energy conserving practices in a typical comments with the Assistant Secretary or purchase of a program measure from building or buildings in such category; with respect to such petition within 30 a lender listed in the Master Record; and (4) Include an offer to perform each of days of receipt of the notice. (2) Returns the arrangement card to the services required to be offered under (3) If tne Assistant Secretary the utility in accordance with § 456.1007 (Program Audits), § 456.1008 determines pursuant to such petition § 456.1009(a). (Arranging Installation), § 456.1009 44156 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations

(Arranging Financing), and § 456.1012(d) (3) Each covered utility or prohibited from requiring any (List Distribution to Eligible Customers), participating home heating supplier shall precondition for providing a program and a description of the services. retain in its files for not less than five audit to an eligible customer and is (i) The offer of the program audit may years a copy of each report of each prohibited from discriminating unfairly be conditioned upon a program audit performed pursuant to an among eligible customers in providing nondiscriminatory factor such as serving RCS Program. Within 60 days of program audits. one geographic area at a time or serving becoming a new customer, each new (b) Contents of program audit. (1) a certain type of energy user first. An eligible customer, who is an owner of a Each utility and participating home unconditional offer, however, shall be residential building or dwelling.unit heating supplier subject to the FSP shall offered to eligible customers within one therein, shall be informed by the utility provide (either directly or through one or year of a conditional offer. or participating home heating supplier more auditors under contract) to each (ii) The offer must explain that an subject to the FSP that, upon request eligible customer, upon request, a eligible customer may request the and without charge, the customer may comprehensive program audit which services offered in the program receive a copy of the results of any addresses the applicable program announcement by a request card program audit of the customer’s measures and identifies the appropriate included in the program announcement, residence which the utility or energy conserving practices referred to or by any other appropriate method participating home heating supplier may in § 456.105 and § 456.1001 or those which is the most convenient for the have performed pursuant to the RCS practices approved by the Assistant utility. Program. Secretary pursuant to § 456.1022. (iii) The offer must list the direct (d) Prohibitions. (1) The program (2) The auditor shall determine in costs, if any, of receiving the service, announcement shall not include any each program audit the applicability of which are to be charged to the eligible advertising, unless approved by the each program measure in that residence customer. Assistant Secretary pursuant to based on applicability criteria set forth (5) Include the following disclosure or § 456.1022, for the sale, installation, or below or in the case of residential a similar statement: “The estimates financing by any supplier, contractor, or buildings containing more than four contained in this program lender (including the utility and dwelling units, based on the DOE announcement are based on estimates participating home heating supplier) of applicability criteria set forth in for typical houses and local fuel prices any energy conservation measure, Appendix III of this part. Additionally, which were in effect at the time this renewable resource measure, energy any utility or participating home heating program announcement was published. conserving practice, or product. The supplier may establish its own The energy audit which we offer will utility or home heating supplier shall applicability criteria, subject to the provide more specific estimates for your submit to DOE evidence which approval of the Assistant Secretary home”; and reasonably assures that such advertising pursuant to § 456.1022. If a program (6) Include a brief explanation of the shall not be anticompetitive or unfairly measure is not applicable then the benefits of the Federal energy tax discriminate against any person. requirement of this section to provide credits as follows: “The Federal However, if the utility or participating estimates of the cost and savings of Government permits most homeowners home heating supplier subject to the FSP installation of the measure in such or tenants to claim tax credits of up to is a lender listed in accordance with residence does not apply. A program 15 percent (maximum credit is $300) of § 456.1012(b)(4), the program measure is applicable in a residence if: the cost of qualified energy conservation announcement may so state. (i) The measure is not already present expenditures (such as insulation or (2) The utility or participating home in the residence and the measure can be storm windows) and up to 40 percent heating supplier is prohibited from installed practically; (maximum credit is $4,000) of the cost of unfairly discriminating among measures, (ii) Installation of the measure is not a renewable energy source expenditures eligible customers, suppliers, violation of Federal, State, or local law (such as solar domestic water heaters). contractors, and lenders in the content or regulations; For more information on your eligibility of, and in the providing of, information (iii) With respect to ceiling insulation, for these tax credits, contact your local required under this section. the difference between the existing level Internal Revenue Service Office.” of insulation in the residence and the (b) Calculation procedures. Each § 456.1007 Requirements for program appropriate insulation level, as utility or participating home heating audits. determined by thq Assistant Secretary, supplier shall provide the Assistant (a) Timing and preconditions. (1) Each Secretary, pursuant to § 456.1021, with a utility or participating home heating is R -ll or morer (iv) With respect to pipe and duct copy of the procedures used for supplier subject to the FSP that insulation, there are hot water pipes and determining the estimates of the savings unconditionally offers an audit to an in energy costs referred to in paragraph eligible customer shall provide such heating and cooling ducts which extend (a)(3) of this section. audit within 90 days after the customer’s through unconditioned spaces; (c) New customers. (1) A new request for the audit. (v) With respect to wall insulation, customer is a person who becomes an . (2) Each utility or participating home there is no insulation in a substantial eligible customer after the initial heating supplier subject to the FSP that portion of the exterior walls; distribution of the program conditionally offers an audit to an (vi) With respect to floor insulation, announcement but before January 1, eligible customer shall provide an audit no floor insulation is present; 1985. within 45 days after the customer’s (vii) With respect to flue-opening (2) Each utility and participating home request. modifications, the furnace combustion heating supplier subject to the FSP shall (3) A utility or participating home air is taken from a conditioned area; send a program announcement which heating supplier may request an (viii) With respect to clock meets the requirements of this sectiori to exception from paragraph (a)(1) or (a)(2) thermostats, the residence currently has each new customer within 60 days of of this section pursuant to § 456.1022. a thermostat and the existing furnace or such customer becoming a new (4) Each utility or participating home central air conditioner is compatible customer. heating supplier subject to the FSP is with a clock thermostat; Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations 4 41 57

(ix) With respect to heat-absorbing or modification of a gas or oil furnace or contractors, or lenders. If the utility or heat reflective window and door boiler on an evaluation of the seasonal participating home heating supplier material, the residence has an existing efficiency of such furnace or boiler. This subject to the FSP is itself a supplier, central or room air conditioner; season efficiency shall be based on installer, or lender listed in accordance (x) With respect to direct gain glazing estimated peak (tuned-up) steady state with § 456.1012(b), the auditor may so systems and indirect gain systems, the efficiency corrected for cycling losses. state. living space of the residence has either „a Steady state efficiency shall be derived (3) No utility, participating home south-facing ( + or —45° of True South) from the manufacturer’s design data and wall or an integral south-facing (+ or heating supplier, or auditor may unfairly observation of the furnace components, discriminate among program measures. —45° of True South) roof, which is free or by a flue gas analysis of measured of major obstruction to solar radiation; (4) Each auditor must provide the flue gas temperature and carbon dioxide eligible customer with a written (xi) With respect to active solar content. statement of any substantial interest domestic hot water systems, a site (5) The auditor shall offer, at the time which the person or the person’s exists on or near the residence which is of the audit, to provide the eligible employer has, directly or indirectly, in free of major obstruction to solar customer, at a minimum, with a written the sale or installation of any program radiation; sample of the typical format of the audit measures. (xii) With respect to active solar results and a brief explanation of how to heating systems, or combined active interpret such results. (f) Program audits o f furnaces. In solar systems, a site exists on or near (c) Additional information required order for an auditor of a utility or the residence which is free of major for program audits. The auditor shall participating home heating supplier obstruction to solar radiation; present to the eligible customer during, subject to the FSP to provide cost and (xiii) With respect to replacement or upon completion of the program savings estimates for furnace efficiency solar swimming pool heaters, there is an audit, an explanation of the benefits modifications with respect to a furnace existing heated swimming pool and a listed in § 456.1005 and a brief which uses as its primary source of location exists on the premises which is description of how the eligible customer energy any fuel or source of energy free of major obstruction of solar can qualify for such benefits. other than the fuel or source of energy radiation; (d) Results ofprogram audit. Each sold by that utility or participating home (xiv) With respect to solaria/sunspace utility or participating home heating heating supplier, the eligible customer systems, the living space of the supplier subject to the FSP is required to must request such audit by signing a residence has a south-facing ground- provide the following information in form which includes the following level wall, which is free of major writing to each eligible customer who statement: obstructions to solar radiation; receives a program audit: If your home is heated by a source of fuel (xv) With respect to window heat gain (1) An estimate of the total cost, other than [state the type of fuel supplied by retardants, the living area has a window expressed in dollars or a range of the utility or participating home heating that is not shaded from summer dollars, of installation by a contractor of supplier], only the supplier of the other fuel sunshine and the residence has each applicable program measure. may audit your furnace unless you substantial use of energy for air (2) An estimate of the total cost, specifically request us to audit your furnace. conditioning; expressed in dollars or a range of Federal law requires that the request be in writing. If you want us to audit your furnace, (xvi) With respect to window heat dollars, of purchase by the customer of loss retardants, the living area has a although we do not supply the fhel for it, each applicable program measure. please sign below. window with fewer than three panes; (3) An estimate of energy savings, and expressed in dollars or a range of (g) Qualifications for program (xvii) With respect to wind energy dollars, of each applicable program auditors. Each auditor who performs a devices: measure addressed by the program program audit pursuant to the FSP shall: (A) The estimated average annual audit. (1) Be qualified according to the wind resource in the vicinity of the site (4) Information on existing Federal tax applicable procedures in § 456.1014 of is 10 miles per hour, or greater, at 10 credits. this subpart; and meters (32 feet) above ground level; and (5) In the case of a utility or (2) Be under contract or subcontract (B) There are no major wind participating home heating supplier to, be an employee of, or be an obstructions over 55 feet high, greater which does not provide in-person results employee of a contractor or than 30 feet wide, within 100 feet of a of audits, the customer must be given subcontractor to, a utility or potential location for the wind energy the opportunity to discuss the results of participating home heating supplier device. the audit with a qualified person. subject to the FSP. (3) Each utility and participating home (e) Prohibitions and disclosure heating supplier subject to the FSP shall required for program audits. (1) Unless § 456.1008 Arranging installation. use as program audit procedures those otherwise approved by the Assistant (a) Each utility and participating home contained in the DOE Model Audit or Secretary pursuant to § 456.1022, the heating supplier subject to the FSP shall any other audit procedures approved by auditor is prohibited from estimating, as offer to provide to each customer at the DOE, pursuant to § 456.1022. For the part of any program audit provided time of the audit or with the audit purposes of this paragraph, the term pursuant to the FSP, the costs or energy results an information packet program audit procedures" means the cost savings of installing any measure or containing: measurements or inspections which the product which is not a program measure. (1) A list of contractors and lenders auditor must make in a customer’s • (2) Auditors are prohibited from participating in the FSP; residence and the calculations which recommending any supplier, contractor, (2) Basic information on the types of must be performed in making energy or lender who supplies, installs, or financing available locally for energy cost savings estimates. finances the sale or installation of any conservation or renewable resource (4) The auditor is required to base any program measure if such measures; cost and savings estimates for any recommendation would unfairly applicable furnace efficiency (3) An arrangement card which should discriminate among such suppliers, be signed by the customer and lender 44158 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations and/or installer, and returned to the § 456.1010 Accounting and payment of supplier, such customer is entitled to an utility upon receipt of the arranged loan costs. RCS audit from only one of these or completion of the arranged (a) Accounting. All amounts expended utilities or home heating suppliers. installation or both; or received by a utility subject to the (2) No utility or participating home (4) A telephone number which the FSP which are attributable to the RCS heating supplier subject to foe FSP shall customer may call to ask questions Program, including any penalties paid be required to make more than one audit concerning the installation and under 10 CFR Part 456 Subpart F of a residential building or dwelling unit financing of program measures; (Federal Standby Authority), shall be therein, unless a new owner, who is an (5) Information on available separately accounted for on the books eligible customer, requests a subsequent conciliation services and redress and records from amounts attributable audit. proceedings as described in § 456.1018; to all other activities of the utility. (b) Payments of costs. Utilities subject § 456.1011 Customer biding, repayment of (6) Information on how individuals or to the FSP shall treat costs as described loans, and termination of service. groups may inform DOE of possible below and shall notify the Assistant (a) Every charge to a noncompliance with the FSP as Customer billing. Secretary, pursuant to § 456.1020, how customer by a utility or a participating described in § 456.1003(a)(2); and the costs described in paragraph (b)(2) home heating supplier, subject to foe (7) Information on quality assurance of this section will be treated. FSP, for any portion of foe costs of as described in § 456.1013(a). (1) All amounts expended by a utility carrying out any activity pursuant to the (b) Prohibitions. (1) No utility or subject to the FSP for the program FSP that is charged to foe residential participating home heating supplier announcement and all public education customer for whom such activity is subject to the FSP shall recommend, and program promotion directly related performed (including repayment of a select, or provide information about any to providing information about a utility’s loan) and that is included on a billing for supplier or installer when such a RCS Program shall be treated as a utility service submitted by foe utility or recommendation would result in unfair current expense of providing utility home heating supplier to such discrimination among suppliers or service and be charged to all ratepayers residential customer, shall be stated installers. of the utility subject to the FSP in the separately on such billing from foe cost (2) No utility or participating home same manner as other current operating of providing utility or fuel service. heating supplier subject to the FSP shall expenses of providing such utility Nothing in this paragraph shall be discriminate unfairly among customers, service. construed so as to require that charges suppliers, installers, or program (2) Hie cost of the following program to foe customer for activities performed measures. However, a utility or elements shall be recovered in the pursuant to foe FSP must be included on participating home heating supplier manner specified by foe State regulatory foe periodic utility or fuel bill. which is listed in accordance with authority for all regulated utilities (b) Repayment of loans. (1) In foe case § 456.1012(b)(1), (2) or (3) may so state. subject to foe FSP (except that foe of any loan arranged by a utility (3) No utility or participating home amount that may be recovered directly pursuant to § 456.1009, foe utility, at the heating supplier subject to the FSP shall from a residential customer for whom request of foe lender, and with foe recommend, select or provide any foe activities described in paragraph approval of foe customer, shall permit information about any supplier or (b)(2)(ii) of this section are performed repayment of foe loan as part of foe installer unless such person is listed in shall not exceed $15 per dwelling unit, periodic utility bill. The utility may the Master Record. or foe actual cost of such activities, recover from foe lender foe cost whichever is less): incurred by foe utility in carrying out § 456.1009 Arranging financing. (i) Administrative and general such manner of repayment. expenses, including those associated (a) Each utility and participating home (2) In foe case of any loan for foe with program audits, customer billing heating supplier subject to the FSP shall purchase or installation of program services, and arranging. offer to provide to each eligible measures made or arranged by a (ii) Project manager requirements, customer at the time of the audit or with participating home heating supplier including: the audit results, the information packet under foe FSP— referred to in § 456.1008(a). (A) The providing of program audits; (B) The arranging for a lender to make (i) The participating home heating (b) (1) No utility or Prohibitions. a loan to an eligible customer to finance supplier shall permit foe eligible participating home heating supplier foe purchase and installation costs of customer to include repayment of foe subject to the FSP shall recommend, energy conservation and renewable loan in foe customer’s payment of his select, or provide information about any resource measures; periodic fuel bill over a period of not lender when such a recommendation, (C) The arranging to have foe program less than three years, unless foe eligible selection or information would result in measures installed; and customer chooses a shorter repayment unfair discrimination among lenders. (D) List distribution. period; (2) No utility or participating home I (3) In determining the amount to be (ii) A lump-sum payment of heating supplier subject to the FSP shall recovered directly from customers as outstanding principal and interest may discriminate unfairly among suppliers, provided under paragraph (b)(2) of this be required by foe lender upon default eligible customers, installers, lenders, or section, the State regulatory authority (as determined under applicable law) in program measures. However, if the shall take into consideration, to foe payment by the eligible customer; and utility or participating home heating extent practicable, foe customers’ ability (iii) No penalty shall be imposed by a supplier is listed in accordance with to pay and foe likely levels of participating heating supplier, or any § 456.1012(b)(4), it may so state. participation in foe utility program other lender with which a loan is (3) No utility or participating home which will result from such recovery. arranged by the participating home heating supplier subjecMo the FSP shall (c) Duplication of audits. (1) In areas heating supplier, for payment of all or recommend, select or provide any where a residential customer is an any portion of foe outstanding loan information about a lender unless the eligible customer of more than one amount prior to foe date such payment lender is listed in the Master Record. utility or participating home heating would otherwise be due. (c) Termination of service. No utility utility shall update its lists based on this (ii) Comply with all applicable or participating home heating supplier submitted information. Federal, State, and local laws and subject to the FSP shall terminate or (b) Requirements for inclusion in the regulations. otherwise restrict utility or fuel service Master Record. (1) When installing to any customer for any default by the (c) Delisting. (1) Subject to the program measures under the FSP, all provisions of paragraph (c)(4) of this customer for payments due for any installation contractors included in the services under die FSP. section, any person who the Assistant Master Record shall: Secretary or the Assistant Secretary’s § 456.1012 List of suppliers, contractors, (1) Install only measures covered by designee determines has violated a and lenders. the measure warranties provided for in listing requirement of paragraph (b) of § 456.105; (a) Master Record. The procedures for this section, shall be removed from the (ii) Comply with the contractor’s the preparation of a Master Record of all Master Record for a period of up to 6 measure warranty provided for in suppliers, contractors, and lenders who months or until the provisions of § 456.105; sell, install, or finance program paragraph (c)(5) have been satisfied, (iii) Furnish the customer with a measures in a State subject to the FSP whichever is longer. written contract describing the job to be and who wish to be included in the lists performed and its cost; (2) In the event of an alleged violation distributed pursuant to paragraph (d) of (iv) Comply with all applicable of a listing requirement of paragraph (b) this section are as follows: Federal, State, and local laws and of this section which would have an (1) DOE or its designee is the Listing regulations; and adverse impact on the health and/or Agency which is responsible for the (v) Agree to participate in good faith safety of eligible customers, the preparation and maintenance of the Assistant Secretary or the Assistant Master Record. in the conciliation process referred to in § 456.1018(a) when there is a complaint Secretary’s designee may suspend such (2) In each State which is subject to by an eligible customer against such persons from inclusion on the Master the FSP, DOE or its designee shall person. Record for a period of up to 60 days ensure that a reasonable attempt is (2) In addition to the requirements set pending an investigation of the alleged made to inform suppliers, contractors, forth in paragraph (b)(1) of this section, violations. The Assistant Secretary or and lenders who sell, install, or finance * all installers of wind energy devices, the Assistant Secretary’s designee may program measures of the pending electrical and mechanical ignition make such suspensions only if there is compilation of the Master Record. All devices, and flue opening modifications sufficient evidence of a violation. In notices shall contain the list of shall present to DOE sufficient evidence assessing the delisting period pursuant qualification requirements set forth in of their qualifications. Installers of flue to paragraph (c)(1) of this section, the paragraph (b) of this section and shall opening modifications shall also certify Assistant Secretary or the Assistant inform potential applicants of how they to DOE that they will install these Secretary’s designee shall take into may apply for inclusion in the Master devices in accordance with the DOE account the time during which the Record. Gas Space Heating Equipment person was suspended from the Master (3) DOE or its designee shall review Modifications Guide. Record pending DOE’s determination. the information submitted by the (3) When supplying program measures (3) If the utility or participating home applicants and shall determine which of under the FSP, all suppliers included in heating supplier receives information the interested parties qualify for listing. the Master Record shall: that a person in the Master Record has (4) All persons, and only such (i) With respect to the program failed to comply with paragraph (b) of persons, who agréé to comply with the measures the supplier is listed as this section, the utility shall immediately requirements of paragraph (b) of this carrying, supply program measures notify the Assistant Secretary or the section (unless on the basis of past covered by the measure warranties Assistant Secretary’s designee. experience, DOE or its designee provided for in paragraph (1) or (2) of (4) Each person proposed for delisting determines that such person’s agreement the definition of Measure Warranties pursuant to paragraph (c)(1) shall have: is not adequate assurance of compliance (§ 456.105); (i) Written notice from the Assistant v«th the requirements of paragraph (b) (ii) Provide a written statement, upon Secretary or the Assistant Secretary’s of this section) shall be included in the request, to the customer, identifying designee of the proposed removal and Master Record within a reasonable time those products supplied by the supplier the grounds for such removal at least 30 after applying for inclusion. that are program measures, and that days before the actual removal; (5) The list shall indicate the type (but have a measure warranty; (ii) An opportunity to respond in not the brand name) of program (iii) Comply with all applicable writing to the allegations contained in measure(s} which each supplier or Federal, State, and local laws and the notice; and contractor sells or installs. regulations; and (iii) With respect to installers, access (6) DOE or its designee shall present (iv) Agree to participate in good faith to records of any inspections of the to the utilities and participating home in the conciliation process referred to in work of such installers. heating suppliers the Master Record for § 456.1018(a) when there is a complaint (5) AH persons removed from the e purpose of compiling and offering to by an eligible customer against such Master Record pursuant to paragraph provide to eligible customers lists of person. (c)(1) of this section shall have an suppliers, contractors and lenders (4) When financing the sale or opportunity to be included anew in the included in the Master Record who are installation of program measures under Master Record at the end of the ocated in the utility’s service area or a the FSP, all lenders included in the smaller area where appropriate. prescribed period and provided the Master Record shall: delisted person has: (7) The Assistant Secretary or the (i) Not take security in real property Assistant’s Secretary’s designee shall (i) Corrected all old violations; and that is used as the principal residence of (ii) Agreed to pay for any inspections Periodically update and distribute the the eligible customer, unless the eligible Master Record to utilities and to verify that the corrections have been customer acknowledges in writing that made. participating home heating suppliers to he or she is aware of the consequences reflect additions and deletions. The (6) Any person removed from the of default on the loan; and Master Record pursuant to paragraph 44160 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations

(c)(1) of this section by the Assistant provide an adequate number of auditors (iii) Section 456.1007(f) (Furnace Secretary or the Assistant Secretary’s for the RCS program who have audits). designee may appeal such removal in successfully completed an auditor * (iv) Section 456.1008(b) (Prohibitions accordance with § 456.1003(c). training program using either the DOE against discrimination in arranging (d) List distribution to eligible auditor training manual or any other installation). customers. Each utility and participating DOE approved auditor training program (v) Section 456.1009(b) (Prohibitions home heating supplier subject to the FSP or passed a DOE approved certification against discrimination in arranging shall compile and provide, upon request, examination. financing). to every eligible customer, lists of all (b) Paragraph (a) of this section shall (vi) Section 456.1012(d)(1) suppliers, contractors, and lenders not be applicable to any auditor who (Prohibitions against discrimination in included in the Master Record who sell, has previously operated under an listing). approved RCS State Plan unless the install or finance program measures in § 456.1016 Program measures. its service area or a smaller area where utility or participating home heating appropriate. supplier decides otherwise. (a)(1) Each utility or participating (1) Each utility and participating home (c) Pursuant to § 456.1021, each utility home heating supplier subject to the FSP heating supplier subject to the FSP shall and participating home heating supplier may exclude any program measure for compile and present to the eligible . subject to the FSP shall provide to the its service area on the following basis: customers these lists in a fair, open, and Assistant Secretary for approval, (i) When, by substituting utility or nondiscriminatory manner. procedures for training auditors, a home heating supplier derived data, the (2 ) The list of lenders shall include a description of the training materials, and program measure has a, payback period statement informing customers that a reasonable timetable for the (P) of more than seven years, as financial assistance under the Solar implementation of the qualification determined by dividing the installed first Energy and Energy Conservation Bank procedures for auditors. cost (F) less any Federal and State tax credit (T), by the first year energy Act may be available from lenders § 456.1015 Home heating suppliers. included in the Master Record. savings in dollars (S), (a) Participation and Withdrawal. (3) If a utility or participating home Any home heating supplier in a State heating supplier receives inquiries from subject to the RCS Federal Standby Plan F-T; interested persons regarding the lists, or wishing to participate in the Plan may P = ------P>7 years; and/or the Master Record, the utility should S contact the Assistant Secretary. instruct the persons to contact the (1) Notwithstanding any other Assistant Secretary or the Assistant provision of this part, any participating (ii) When, by substituting a utility or Secretary’s designee. home heating supplier may request a home heating supplier specific § 456.1013 Quality assurance. waiver of certain requirements in this prototypical house, it is determined that the program measure has a payback (a) To ensure that reasonable levels of Plan as provided in paragraph (b) of this period (P) of more than seven years effectiveness and safety are maintained section. pursuant to the formula in paragraph in the supply and installation of (2) Any participating home heating measures under the FSP, each utility or supplier may voluntarily withdraw from (a)(l)(i) of this section. (2) Tlie utility or participating home participating home heating supplier shall the FSP by submitting to the Assistant develop and offer to each customer at Secretary a written notification. heating supplier shall provide to the the time of the audit or with the audit (3) Prior to withdrawal, the Assistant Secretary, pursuant to § 456.1022, data to substantiate any results the following: participating home heating supplier shall (1) Information on how to recognize give notice of its withdrawal to those exclusion pursuant to paragraph (a)(1) the most common types of improper customers who have either requested (i) or (ii) of this section. installation; and RCS audits or otherwise have been (b) The utility or participating home (2) Information on the availability and involved in RCS services and shall refer heating supplier may add, with DOE’s responsibilities of independent (public them to the appropriate utility in the approval, pursuant to § 456.1022, any or private) inspection services and the same service area. measure not identified in Appendix I as means of contacting these services. (4) The withdrawal notice to the a program measure for its service area, (b) Pursuant to § 456.1021, each utility Assistant Secretary shall give assurance to the Plan. that the home heating supplier has and participating home heating supplier § 456.1017 Supply, installation and performed the requirements in shall submit to the Assistant Secretary financing by utilities. paragraph (a)(3) of this section. for approval, the information to be (a) General. Except as provided provided to eligible customers required (b) Waiver of requirements. (1) The Assistant secretary will consider below, the provisions of Subpart E and under paragraph (a) of this section. § 458.304(a)(3) and (b) of this part (c) Any utility or participating home individually requests for waivers of FSP requirements from participating home relating to the prohibition, exemptions, heating supplier may request an waivers and.other requirements exception from the requirements of heating suppliers on the basis of the limited resources of the home heating affecting utility supply, installation and paragraph (a) of this section pursuant to financing activities shall apply to the § 456.1022. Such requests must suppliers. utilities subject to the FSP. demonstrate that existing mechanisms (2) The Assistant Secretary will not (b) Exemption for utility are sufficient to ensure reasonable waive the following requirements for any home heating supplier who chooses subcontractor supply and installation. levels of effectiveness and safety in the The Assistant Secretary shall grant an installation of measures. to participate in the program: (i) Section 456.1003 (Investigation and exemption to the prohibition contained § 456.1014 Qualification procedures for enforcement). in § 456.502(a) to a utility to supply or auditors. (ii) Section 456.1007(e) (Prohibitions install any energy conservation or (a) Each utility and participating homeand disclosures required for program renewable resource measure through heating supplier subject to the FSP must audits). contracts between such utility and independent suppliers or contractors 8 456.1018 Complaints processing each July 1 and thereafter until July 1, where the customer requests such procedures. 1986, unless the initial six month report supply and installation and the (a) Conciliation services for customer is required to be submitted less than 90 following conditions are met: complaints. (1) Each utility or (1) The utility certifies to DOE that days prior to July 1. In such a case, the participating home heating supplier annual report shall be submitted the each supplier or contractor: subject to the FSP is required at the time (1) Shall be on the list of suppliers and following July 1 and annually thereafter of the audit or with the audit results to through July 1,1986. contractors referred to in § 456.1012; offer to provide to eligible customers (ii) Shall not be subject to the control (b) The six month report or annual information on available conciliation report or both, as indicated, shall of the utility, except as to the services for the purpose of resolving performance of such contract and shall include the following information: complaints by eligible customers against (1) -The approximate number of not be an affiliate or subsidiary of such persons who install or supply program utility; and eligible customers (6 month report only). measures under the circumstances (2) A copy of the program (iii) If selected by the utility, shall be described in 8 456.1005. selected in a manner consistent with announcement if not already provided (6 (2) Each utility and participating home month report only). paragraph (b)(2) of this section. heating supplier shall establish (2) The utility submits to DOE a (3) The number of program procedures to resolve complaints by description of the proposed utility announcements provided to eligible eligible customers against the utility or activities which shall include evidence customers, including the number of home heating supplier under the FSP. that such activities: those making conditional audit offers (6 (b) Redress proceedings. Each utility (i) Shall not involve unfair methods of month report and annual report). or participating home heating supplier competition; (4) The number of program services subject to tiie FSP shall offer to provide (ii) Shall not have a substantial requested and provided, including: to eligible customers at the time qf the adverse effect on competition in the (i) Energy audits (6 month report and audit or with the audit results area in which such activities are annual report); information on available redress undertaken nor result in providing to (ii) Arranged installations as proceedings for use by all persons any supplier or contractor an measured by the number of returned alleging injury arising from an activity unreasonably large share of contracts arrangement cards (6 month report and carried out under the FSP or from a for the supply or installation of energy annual report); and violation of the FSP. conservation or renewable resource (c) Additional requirements with (iii) Arranged financing services as measures; and measured by the number of returned (iii) Shall be undertaken in a manner respect to conciliation and redress. (1) Each utility and participating home arrangement cards (6 month report and that provides, subject to reasonable annual report). heating supplier shall provide conditions the utility may establish to (5) The nature of any direct financing ensure the quality of-supply and information on conciliation and redress in the information packet referred to in activities and exempted or waived installation of energy conservation or supply or installation activities engaged renewable resource measures, that any 8 456.1008(a). This information shall include the names, addresses and in by the utilities, including: financing by the utility of such measures (i) Where applicable, any copy of any shall be available to finance the supply telephone numbers for such services, a brief description of the services State or local law or regulation in effect or installation by any contractor on the on November 9,1978 which requires or list referred to in § 456.1012 or to finance provided, and the steps required to initiate action. explicitly permits the utility to engage in the purchase of such meaures to be any supply or installation of any energy installed by the customer; and (2) Each utility or participating home heating supplier shall submit to the conservation or renewable resource (iv) To the extent practicable and measures (6 month report); consistent with paragraphs (b)(2)(i)—(iii) Assistant Secretary, pursuant to 8 456.1021, the information that will be (ii) The procedures used to select of this section, shall be undertaken in a products to be supplied, installed, or manner which minimizes the cost of made available to inform eligible customers of available conciliation financed (6 month report and annual residential energy conservation report); measures to such customers. services and redress proceedings. If such services are unavailable, the (iii) The procedures used to select (3) Any covered utility wishing to installers to perform utility supported obtain an exemption to the prohibition Assistant Secretary shall be notified and shall take appropriate action. work (6 month report and annual contained in 8 456.502(a) shall obtain report); approval by sending the request for § 456.1019 Coordination. (iv) Steps the utility has taken to exemption along with the required The Assistant Secretary shall contact ensure that the activities have no conditions and evidence described in adverse effect on compétition (6 month 1 annually the cognizant Federal, State, paragraphs (b) ( ) and (2) of this section report and annual report); and to the Assistant Secretary for and local officials responsible for energy conservation programs within and (v) The price and interest rates Conservation and Renewable Energy, affecting a State which is covered by the charged by utilities in conjunction with Department of Energy, 1000 FSP. the supply, installation and financing Independence Avenue, SW., services offered pursuant to exemptions Washington, D.C. 20585. § 456.1020 Reporting and recordkeeping. or waivers granted under section 216 (b), (f) Upon request, a utility conducting (a) Each utility and participating home (c), (d)(1), (d)(2), and (e) of NECPA (6 activities pursuant to this section shall heating supplier subject to the FSP shall month report and annual report). provide DOE with a current estimate of submit a report to the Assistant . e average price of supply and (6) Description of the treatment of Secretary no later than six months after costs described in 8 456.1010(b)(2) installation of energy conservation and the date of DOE approval of all (utility only) (6 month report or annual renewable resource measures subject to procedures submitted pursuant to report). we contracts entered into by the utility 8 456.1021. An annual report shall (7) The estimated utility or home under paragraph (b) of this section. subsequently be submitted no later than heating supplier costs of implementing 44162 Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 / Rules and Regulations the RCS Program incurred during the (a) Procedures for determining the Renewable Energy, Department of reporting period (6 month report and estimates of energy costs savings Energy, 1000 Independence Avenuer annual report). (| 456.1006(b)). SW„ Washington, D.C. 20585. (8) The number and description of (b) Procedures for ensuring that (a) § 456.1000(c). (Exception for complaints against the utility or reasonable levels of effectiveness and existing RCS programs); participating home heating supplier (6 safety are attained in the supply and (b) § 456.1006(a)(2) (Listing substitute month report and annual report). installation of measures under the RCS energy conserving practices in the (c) Each covered utility and Program (§ 456.1013(b)). program announcement); participating home heating supplier shall (c) Training procedures and a (c) § 456.1006(d) (Allowing advertising keep for five years from the date of the description of the training materials for in the program announcement); program audit a copy of the audit report, auditors, including the timetable for the (d) § 456.1007(a)(3) (Extending the and shall make such report available implementation of the qualification time for the performance of an audit upon request to the Assistant Secretary. procedures for auditors (§ 456.1014(c)). after a customer’s request); (d) Any other provisions of this (d) The information to be offered to (e) § 456.1007(b)(1) (Identifying section notwithstanding, the Assistant eligible customers on available substitute energy conserving practices Secretary may, as he deems essential to conciliation services and redress during the program audit); the Departmental implementation of proceedings § § 458.1018 (a)(1) and (b)). (f) § 456.1007(b)(2) (Developing program responsibilities: (e) Procedures for handling complaints substitute applicability criteria); (g) § 456.1007(b)(3) (Developing (1) Require additional information: or against a utility or participating home substitute program audit-procedures); (2) Waive any reporting and heating supplier (§ 456.1018(a)(2)). [Approved by the Office of Management (h) § 456.1007(e)(1) (Estimating costs recordkeeping requirements, except the or energy cost savings of installing any recordkeeping requirement in paragraph and Budget under OMB control number 1904-0042] measure or product which is not a (c) of this section. [Approved by the program measure); Office of Management and Budget under §456.1022 Exceptions. (i) § 456.1013(c) (Developing quality OMB control number 1904-0042] As provided for in the applicable assurance procedures); § 456.1021 Information which a utility and sections, aiiy utility or participating (j) § 456.1016(a)(2) (Substantiating participating home heating supplier shall home heating supplier wishing to seek exclusion of program measures in report to the Assistant Secretary. an exception from one or more of the calculating payback period); or Utilities and participating home following sections shall obtain approval (k) § 456.1016(b) (Adding program heating suppliers subject to the FSP from the Assistant Secretary by sending measures to the FSP not identified in shall report the following procedures to the request for approval, along with Appendix I). the Assistant Secretary for his approval supporting documents, to the Assistant [FR Doc. 83-26339 filed 9-23-83; 10:43 am] on a date specified in the order Secretary for Conservation and BILLING CODE 6450-01-M X

Reader Aids Federal Register Vol. 48, No. 188

Tuesday, September 27, 1983

INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING SEPTEMBER

PUBLICATIONS At the end of each month, the Office of die Federal Register Code of Federal Regulations publishes separately a list of CFR Sections Affected (LSA), which CFR Unit 202-523-3419 lists parts and sections affected by documents published since 523-3517 the revision date of each title. General information, index, and finding aids 523-5227 1 CFR Incorporation by reference 523-4534 5096 ...... 41751 Printing schedules and pricing information 523-3419 Proposed Rules: 5097 ...... 42799 Ch. Ilf...... 44082 5098.„...... 42801 Federal Register 5099...... 42967 Corrections 523-5237 S C F ft 5100.„...... 43153 5101...... 43155 Daily Issue Unit 523-5237 Administrative Orders: General information, index, and finding aids 523-5227 5102™...... 43665 Memorandums: 5103.„...... 43667 Privacy Act 523-4534 September 7,1983 ...... 40695 Public Inspection Desk 523-5215 5104„...... 44057 Executive Orders: Scheduling of documents 523-3187 Decem ber 2 7 ,1 8 5 9 4 CFR Laws (Revoked by Proposed Rules: PLO 6462)...... 43175 Indexes 523-5282 83...... 39632 September 22,1866 Law numbers and dates 523-5282 (Revoked by 5 CFR 523-5266 PLO 6464)...... 43176 Slip law orders (GPO) 275-3030 540...... 43285 5190 (Revoked by Presidential Documents 610...... 44059 PLO 6463)...... 43175 620...... 44059 Executive orders and proclamations 523-5233 5203 (Revoked by 630..... 44059 Public Papers of the President 523-5235 PLO 6461)...... 43175 2422...... 40189 Weekly Compilation of Presidential Documents 523-5235 5694 (Revoked by 2426™..™..... 40189 PLO 6463)...... ,..„4 3 1 7 5 2429.„...... 40189 United States Government Manual 523-5230 5838 (Revoked by Proposed Rules: SERVICES PLO 6463)...... 43175 6143 (Revoked 550______.______43687 Agency services 523-5237 by PLO 6459).... 40724 731...... 40731 Automation 523-3408 6276 (Revoked 754______40731 Library 523-4986 by PLO 6459)...... 40724 870 ...... 40732 Magnetic tapes of FR issues and CFR 275-2867 6583 (Revoked 871 ______40732 volumes (GPO) by PLO 6459)...... 40724 872 ...... 40732 Public Inspection Desk 523-5215 8651 (Revoked in 873„„...... 40732 Special Projects 523-4534 part by PLO 6465)...... 43176 7 CFR Subscription orders (GPO) 783-3238 8854 (Amended by Subscription problems (GPO) 275-3054 PLO 6458)...... 40232 2„„...... 43286 TTY for the deaf 523-5229 9000 (Revoked in 16...... 43159 paft by PLO 6465)...... 43176 28 ...... :...... 41011 FEDERAL REGISTER PAGES AMD DATES, SEPTEMBER 9042 (Revoked in 29 ...... 40365 part by PLO 6465)...... 43176 51™...... 40509 9526 (Revoked in 52.. .™.40875, 40878, 41011, 39595-39910...... „...... 1 41571,42969 39911-40186...... 2 part by PLO 6465)...... 43176 11888 (Amended by 68.. '.. 41574 40187-40364...... 6 180...... 43286 40365-40496...... 7 EO 12441)...... 43157 12401 (Amended by 210...... 40194 40497-40694...... 8 220...... „.40194 40695-40870...... 9 EO 12442)...... 43283 12428 (Amended by 226™...... 40197, 41141 40871-41008______12 278...... 43287 41009-41140.....__ «______13 EO 12440)...... 40873 12439 .:...... 40871 301™...... 39597, 40198 41141-41368.______14 421.™...... 39911, 41753 41369-41568...... „...15 12440 ...... 40873 12441...... 43157 700...... « ...... 42803 41569-41748...... „...16 725™...... 40638 41749-42798...... 19 12442...... ;...... 43283 ...20 Proclamations: 760...... 40366 ...21 4941 (See Proc. 5104) 44057 908...... „39602, 40510, 41369, 43153-43282. ...22 5085...... „39595 42969,43159 ...23 5086.™...... „40187 910 9991p 40697 41574 ...26 5087...... „40497 ’ 43292 ...27 5088...... „40499 981...... 40367 5089...... „40501 1030...... 42964 5090...... „40503 1036...... 41753 5091...... „40505 1076...... 39603 5092...... „40507 1079.™...... 40511, 41369 5093...... „41009 1106™...... 41015 5095...... „41749 1865_...... 40202 ii Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 /Reader Aids

133..... 44087 1901...... 43669 2 9 ...... 40702 180...... :...... 41152 211...... 41601, 43053, 43698 1944...... 40202, 40697 31 ...... 44062 240...... 39604, 41376 291...... 41049 1945...... 40202 3 4 ...... 40698 249 ..... 39604, 41376, 43674 341...... 41786 1951...... 40202, 41142 20 5 ...... 43671 275...... *...... 41378 700...... 41601, 43053, 43698 2610...... 41371 215...... 42804 Proposed Rules: 800...... 41601, 43053, 43698 2620...... 41373 217...... 39604, 40702 250 ...... ,...... 41779 882...... 40273, 41181, 43345 2900...... 43669 226...... 43673 256a...... 41779 337...... 42969 Proposed Rules: 257...... 41779 23 CFR 525...... 39912 28...... 41048 531...... 39912 1 8 C F R Proposed Rules: 52...... 40734 614...... 41148 282...... 43678 Ch. 1...... 39953 6 8 ...... 44083 140...... 44064 75...... 44083 Proposed Rules: 1300...... 41380 5 ...... 40735, 44083 658...... 41276 2 1 0 ...... 43692 Proposed Rules: 2 3 ...... 44085 920...... 44064 215...... 43692 271...... 40736, 41434 210...... 41776 924...... 44064 2 2 0 ...... 43692 332 ...... 40900 23 5 ...... 43692 1 9 C F R 24 CFR 33 3 ...... 40900 27 8 ...... 40263 6 3 3 7 ...... 40900 ...... 41381 Ch. IX...... 44071 279...... 40263 101 563...... 39944 ...... 42806 Ch. X ...... 44071 6 3 1 ...... 40522 701...... 41598 Proposed Rules: Ch. XI...... 44071 660...... 40389 70 3 ...... 43182 6...... 40737 25 .„...... 40705 ...... 39944 65 8 ...... 70 4 ...... 41599 1j0...... 40738 26 ...... 43302 ...... 41595 800...... 706...... 41600 22...... 41435 200 ...... 144066 ...... 42823 98 5 ...... 707...... 41600 101...... 40526 201 . 43309 989...... 43338 114...... 40738 203...... 39608, 44066 9 9 3 ...... 41775 1 3C F R 159...... 40527 205...... 44068 ...... 39643, 40894 1126...... 101...... 40513, 162..... 40740 207...... 40710, 44068 1941...... 40894 213...... 39608, 44068 1943...... 40894 1 4C F R 2 0 C F R 215...... 43310 1945...... 40894 21 ...... 43162, 43166 404...... 40514 221...... 43310, 44068 1980...... 40894 3 9 ...... 40210-40212, 41149, 416...... 40883 232...... 44068 41150,41755,41756,43170, 234 .. 39608 8 628...... 40886 CFR 43293,43294,44063 655...... 40168, 41154 235 ...... 40711 1 0 0 ...... 43670 71...... 39913, 40213, 41374, Proposed Rules: 236 ..... 43310 103...... 41016, 41142, 43160, 41757,43171 225...... 40390 241...... 44068 43292 75 ...... 4 0 2 1 4 242.Jr...... 44068 97 ...... 39913, 41757 226...... 40390 109...... 40209, 41755 227...... 40390 244...... 44068 2 5 1 ...... 43295 214...... 41142, 43292 350...... 42829 570...... 40517, 43538 231...... 40209 287...... 43295 882...... 43578 323...... , . 43298 401...... 42830 238...... 40210, 41148, 42969 422...... 42830 888...... 43314, 43578 248...... 41016 Proposed Rules: 890...... 42810 3 1 6 a ...... 43161 Ch. 1...... 42827 21 C F R Proposed Rules: Ch. II...... 41171, 41778 Proposed Rules: 5...... 40703, 43300 805...... 43345 109...... 41776 11...... 43638 21...... 43638 14...... 40887 25 CFR 73 ...... 41759 9 CFR 39 .....^.....40266, 41166, 41167, 250...... 41760 43187 74 ...... 41760 75 ...... 40512 256...... 41579 4 5 ...... 43638 81 ...... 41760, 42807 91...... 44061 Proposed Rules: 71...... 40267, 40270, 40525, 82 ..... 41760 97...... 40881 2 1 1 ...... 41051 41168,41170,41778,42829, 145...... 39916 Proposed Rules: 43338-43340 155...... 41155 212 ...... 41051 151...... 40899 91 ...... 43638 175...... 40515 225...... 41051 166...... 41596 211...... 41430 177 ...... 44064 700...... 41435 2 0 1 ...... 41425, 42823 221...... 40389 178 ...... 42972 26 CFR 203...... 41425, 42823 25 2 ...... 43341 193...... 41156, 42973 381...... 41427 253 ...... 43343 211...... 41578, 43679 1 ...40214,40370,40371, 302...... 41430 436...... 40704 40888,41017 - 5 f ...... 41385 10 CFR 3 9 9 ...... „...... 43343 442...... 40516 50...... 40882 510...... 40704, 40887, 42808 25..... 40371 6 1 ...... 40512 15C F R 3 1 ...... 40518,44072 520...... 40516, 40704, 40887, V :...... 40217 150...... 40882 369...... 40368 41384,42809 45 6 ...... 44146 399...... 42971 301 40371,40376,41018, 558...... 44064 41581 Proposed Rules: Proposed Rules: 700...... 43679 2 0 ...... 43051 928...... 41180 800...... 43679 Proposed Rules: 1 39953,40528,41051, 3 0 ...... 43051 522...... 40704, 42808, 43300 41436,42836,43698 4 0 ...... 43051 16C F R 524...... 39607, 41157 5f ...... ,...... 39953 50...... 41429 2 ...... 41374 540...... 41579 20...... 44087 7 0 ...... 43051 4 ...... 41374 556...... 41384, 42809 4 3 0 ...... 41166 13...... 41151 558...... 40704, 42810, 43301, 27 CFR ...... 40265 30 5 ...... 40882 43302 1017...... 5 43319 423...... 41575 561...... ,...... 40369, 42973 9 ...... 40377, 42973 11 CFR Proposed Rules: 700...... 41578 19.".*.".*...... 43319 1 0 2 ...... 43292 13...... 39950, 43051, 43188 800.... 41578 Proposed Rules: Proposed Rules: 12 CFR 17C F R Subch. H...... 40272, 43344 5 43346 9 """."'.."."...... 41602, 41604 7...... 40698 33...... 41575 131...... - ...... 44087 ZSjSSjJ^ggkjgLZ-YgL48, No- 188 / Tuesday, September 27, 1983 /Reader Aids

178...... , 520...... 41159 253...... 41401 Ch. 105...... 626...... 41764 28 C FR 601...... 40232 1 -1 ...... Proposed Rules: 32 CFR Proposed Rules: 5 -1 0 ...... 0...... 111...... 39647, 39648 1 4 -7 ...... 62b...... ;...... 4158I 16...... ■ ...... 233...... 409102 9 -7 0 ...... 286g...... 39917 ...... 42816 10 5 -6 1 ...... 634...... 39919 40 CFR 29 C F R Proposed Rules: / 730...... 40224 16...... 17...... 39934 9 -1 ...... 806...... 41020 553...... n...... 52...... 41402-41406, 41588 9 -7 ...... 2003...... 40849 1610...... 42813,42979 9 -50...... 1952...... 33 CFR 60 ...... 41407, 41764, 42814, Proposed Rules: 42815,43325-43327 42 CFR 92...... 41587 Ch. XIV...... 61 ....!. 41407, 42815, 43326, 100...... 39609, 40714, 40715, 53...... 42982 1910...... 43327 43171 81...... 40722, 41408, 43328 57...... 405...... 3 0 C F R 117...... 41400, 43172 86...... 41296, 41303 ..39740, 39752 146...... 43173 122 ...... 39611 4 0 9 ...... 210 ...... 43323 161...... 41587 123 ...... 39611 435...... 211 ...... 41589 165.. ..39609, 39610, 40380, 124 ...... 39611 43 6 ...... 241...... 43323 41400,41401 144 ...... 39611 48 9 ...... 250 ...... 43323 181...... ;...... 40716 145 ...... 39611 Proposed Rules: 251 ...... 40380, 43323 204...... 41160 180...... 40384, 42981 431 ...... 256...... 43323 401...... 39934 233...... 39611 435...... 700 ...... 40622 Proposed Rules: 270 ..1...... 39611 436...... 701 .....39892, 40140, 40622, 1...... 40741 271 .....39611, 39623, 43679 441...... 41720,43956,43994,44006 110...... 43192 300...... 40658 736...... 41312 117...... 39646 410...... 39624 43 CFR 760 ...... 41312 156...... 40741 413...... 41409, 43680 761 ...... 41312 Ch. II...... 40889 329 ...... ,.40909 762 ...... 41312 425...... 41409 1820...... 40724, 42984 322 ...... 40909 764 ...... 41312 433...... 41409, 43680 1880...... 323 ...... 40909 765 ...... 41312 465...... 41409 3480...... 325...... 40909 41409 769...... 41312 466...... Public Land Orders: 327 ...... 40909 468 ...... 41409 772...... 40622 417 (Revoked in 328 ...... 40909 469 ...... 41409 776...... 40622 part by PLO 6465)...... 43176 330 ...... 40909 720...... 41132 779 ...... 41312, 43956 1707 (Amended by Proposed Rules: 780 ...... 4 3 9 5 6 34 CFR PLO 6458)...... 40232 783 ...... 41312, 43956 50...... 41608 6423 (Corrected 668 784 ...... 43956 ...... 40380 52...... 39653, 41609, 41610, by PLO 6460)...... 41021 785 ...... 39892 Proposed Rules: 43194,43347 6 4 5 7 ...... 815 ...... 40622 74 ...... 42837 57...... 42050 6 4 5 8 ...... 816 ....39892, 40140, 41720, 75 ...... 42837 61...... 40911 6 4 5 9 ...... 43956.43994.44006.44032 76 ...... i ..... 42837 65...... 40278 6 4 6 0 ...... 817 ....39892, 40140, 41720, 77...... :...... 42837 81...... 39655, 40746, 41786, 6 4 6 1 ...... 43956.43994.44006.44032 78 ...... 42837 43699 6 4 6 2 ...... 824...... 39892 366...... :...... 39647 124...... 40098 6 4 6 3 ...... 144...... 40098 872...... 41018, 41019 674 ...... 44054 6 4 6 4 ...... AH 1 7 f i 821...... 41000, 43679 675 ...... 1.44054 146 ...... 40098 6 4 6 5 ...... 147 ...... 40098 934- —...... 41387, 43324 676 ...... 44054 6 4 6 6 ...... 938 ...... 40223, 40888 180...... 41184-41186, 43054 36 CFR 271...... 41449 Proposed Rules: 939 ...... 40990, 43679 ...... 300.... 40674 3 1 6 0 Proposed Rules: 1 ...... 43174 405 ...... 41610, 44091 55...... 41747 2 ...... ~...... 43174 4 4 C F R v... 406 ...... 41610, 44091 56...... 41747 3 ...... 43174 407 ...... 41610, 44091 6 1 ...... 57...... 41747 4 ...... 43174 408 ...... 41610, 44091 6 4 ...... 41410, 41413 75...... 40165 5 ...... 43174 409 ...... 41610, 44091 6 5 ...... 210...... i...... 42902 6 ...... 43174 411 ...... 41610, 44091 6 7 ...... 40891, 41021 212...... 42902 7 ...... 43174 412 ...... 41610, 44091 2 0 5 ...... 41415, 42818 217...... 42902 9 ...... 43174 422...... 41610, 44091 3 0 5 ...... 218...... 42902 12 ...... 43174 424...... 41610, 44091 3 0 7 ...... 219...... 42902 13 ...... 43174 426...... 41610, 44091 3 1 0 ...... 228...... 42902 219...... 40381 429 ...... 41610, 44091 Proposed Rules: 229...... 42902 331...... 40719 430 ...... 41610, 44091 6 7 ...... 40911-40919, 43700, 241...... 42902 250. 38 CFR 431 ...... 41610, 44091 4 4 0 9 1 ...... 43192 432...... 41610, 44091 902...... 41182 3...... 41160 433...... 41610, 44091 4 5 C F R 913...... 40908 21...... 40224 935.. 39645, 40396 36...... 40226 440...... 41610, 44091 6 0 2 ...... 938.. 465...... 43195 6 1 0 ...... 39645 Proposed Rules: 948.. 721.....:... 40282, 40911, 42840 6 3 5 ...... 43053 21...... 41438 764...... 42898 6 5 0 ...... 950...... 41608 36...... :...... 40402 799...... 39656, 42839 8 0 1 ...... 31 C FR 39 CFR 41 CFR Proposed Rules: 500...... 3 0 2 ...... 4 1 1 5 7 10 ...... 39610 515...... Ch. 1...... 40385, 43682 3 0 4 ...... 41158 111...... 41162, 42977 Ch. 7...... 40385 4 0 0 ...... iv Federal Register / Vol. 48, No. 188 / Tuesday, September 27, 1983 /Reader^Aids^

46 CFR 1161...... 39630 661...... 40521 66 2 ...... 42820 4...... 43328 1162„...... 39630, 40520 1165...... 39630 663...... 41164 26___ 43328 6 7 1 ...... 40725 35____ 43328 1168...... 39630, 40387 1181...... 39630 672...... 43044, 43335 78...... „...... 43328 6 7 5 ...... 43335 97...... 43328 1307...... 40520 Proposed Rules: 109...... - ...... 43328 Proposed Rules: .....40288, 40404, 40407, 27...... 40684 17...... 153 ...... 39629 40920 154 . 39629 21 3 ...... 39965 23...... 40750, 42840 167...... 43328 571...... 40282, 40286 2 6 ...... 39661 185...... 43328 661...... 41568 32...... 40411 196 ...... -43328 821...... 39657 33 ...... 40411 197 ...... 43328 1135...... 41469 611...... 40924, 41469, 41788- Proposed Rules: 1157...... 40287 41791 Ch. IV...... 41199 651...... 41797 7...... 41454 50 CFR 655...... 39967, 43700 502...... 44091 17...... 39941, 40178, 43040 658.™...... 42840 512...... 44091 20 . 40852, 43646 6 6 1 ...... 41202, 43700 531...... 44091 21 . 42820 662...... 40752, 41202 536...... 41052 285„_...... 40892, 41163, 43043 663.™...... 41202 ...... 41791 4 7 C F R 6 1 1 ...... 41424, 43044, 43335 675..™ 655.. ™...... 43044 - 681...... 39665 Ch. I...... 41040 1 ...... 41415, 41770, 43329 2 ...... 4...... 40519 25...... 40233, 40256» 43330 69...... 42984 LIST OF PUBLIC LAWS 73...... 41416-41.422, 42944, 43177-43179 Note: No public bills which have become law were received by the 74 ...... „...... Office41422 of the Federal Register for inclusion in today’s List of Public 83...... 41771 95...... 41415 Laws. 97...... 43180 Last Listing September 23,1983 Proposed Rules: Ch. I...... - _____ 43348 0 ...... 43353 1 ______...... ______43355 2 ...... 41787 68...... 39656 73...... 41464-41468, 41611, 41787,43196,43700 67...... 43359 90...... „43355 94...... 43355 96...... 41787

4 8 C F R Ch. 1 (Parts 1-69)...... 41774, 42102,43273 Proposed Rules: Ch. 9...... :...... 43772

4 9 C F R 1...... 40519, 44078, 44079 23...... 41163 71...... 43276 179...... „39630 511_____ 44081 520____ 44081 551...... 44081 553__ .„.44081 555 ...... 44081 556 ...... 44081 571 ...... 39908, 39939, 40260, 42819 572 . 44081 573...... 44081 574 ...... i ..... 44081 575...... 44081 581...... 43331 660...... „.41562 661...... 41562 1042 ...... 39630 1043 . 43331 1160...... 39630, 40387

Just Released

Code of Federal Regulations

Revised as of July 1,1 98 3

Quantity Volume Price Amount

Title 32—National Defense (Part 1000 to End) $6.00 $ (Stock No. 022-003-95205-5)

Title 41—Public Contracts and Property Management

Chapter 1 (1-11 to App)—2 (Stock No. 022-003-95228-4) 6.50

Chapters 19 to 100 (Stock No. 022-003-95237-3) 7.00

A cumulative checklist of CFR issuances for 1982-83 appears in the back of the first issue of the Federal TOtal Order $------Register each month in the Reader Aids section. In addition, a checklist of current CFR volumes, comprising , p/ease do not detach a complete CFR set, appears each month in the LSA (List of CFR Sections Affected).

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