Pages 26667±26822 Vol. 60 5±18±95 No. 96 federal register May 18,1995 Thursday announcement ontheinsidecoverofthisissue. For informationonbriefingsinBoston,MAsee Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995
SUBSCRIPTIONS AND COPIES
PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser 2 III Contents Federal Register Vol. 60, No. 96 Thursday, May 18, 1995 Actuaries, Joint Board for Enrollment NOTICES See Joint Board for Enrollment of Actuaries Agency information collection activities under OMB review, 26722 Agricultural Research Service Meetings: NOTICES Defense Information School Board of Visitors, 26722 Patent licenses; non-exclusive, exclusive, or partially Science Board task forces, 26722–26723 exclusive: University of Idaho, 26714 Education Department NOTICES Agriculture Department Grants and cooperative agreements; availability, etc.: See Agricultural Research Service Indian education formula grants to local educational See Federal Crop Insurance Corporation agencies, 26723 See Forest Service School-to-work opportunities State implementation NOTICES program, 26812–26821 Agency information collection activities under OMB Special education and rehabilitative services: review, 26714 Blind vending facilities under Randolph-Sheppard Act— Arbitration panel decisions, 26724 Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Employment and Training Administration Occupational safety and health— NOTICES Health services research, 26727–26731 Grants and cooperative agreements; availability, etc.: School-to-work opportunities State implementation Children and Families Administration program, 26812–26821 PROPOSED RULES Developmental disabilities program, 26774–26793 Energy Department See Federal Energy Regulatory Commission Civil Rights Commission NOTICES Environmental Protection Agency Meetings; State advisory committees: South Carolina, 26721 RULES Toxic substances: Significant new uses— Coast Guard 1H,3H,5H-oxazolo [3,4-c] oxazole, dihydro-7a-methyl-, RULES 26690–26691 Drawbridge operations: PROPOSED RULES Illinois, 26686–26687 Air quality implementation plans: Ports and waterways safety: Preparation, adoption, and submittal— Upper Mississippi River; safety zone, 26687–26688 Motor vehicle inspection/maintenance program Upper New York Bay, NY and NJ, 26688–26690 requirements; amendments, 26710–26711 PROPOSED RULES Drawbridge operations: Chicago Drawbridge Negotiated Rulemaking Committee— Executive Office of the President Establishment and meeting, 26710 See Trade Representative, Office of United States NOTICES Committees; establishment, renewal, termination, etc.: Commercial Fishing Industry Vessel Advisory Committee, Federal Aviation Administration 26757 RULES Towing Safety Advisory Committee, 26757–26758 Airworthiness directives: Lockheed, 26683–26686 PROPOSED RULES Commerce Department Airworthiness directives: See Foreign-Trade Zones Board Boeing, 26697–26700 See International Trade Administration Bombardier, 26700–26702 See National Oceanic and Atmospheric Administration British Aerospace, 26702–26704 Defense Department See Navy Department Federal Communications Commission PROPOSED RULES PROPOSED RULES Civilian health and medical program of uniformed services Radio stations; table of assignments: (CHAMPUS): Georgia, 26711 Experimental procedure; recognition as nationally Illinois, 26711–26712 accepted medical practice, 26705–26709 Washington, 26712 IV Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Contents Federal Crop Insurance Corporation Louisiana RULES Star Enterprise; crude oil refinery complex, 26715 Crop insurance regulations: Ohio Noninsured crop disaster assistance program, 26669– Columbus Industries, Inc.; air filters, 26715–26716 26676 Texas, 26716 Star Enterprise; crude oil refinery complex, 26716– Federal Election Commission 26717 NOTICES Meetings; Sunshine Act, 26771 Forest Service Federal Energy Regulatory Commission NOTICES Meetings: NOTICES Applications, hearings, determinations, etc.: Southwest Oregon Provincial Interagency Executive ANR Pipeline Co., 26724–26725 Committee Advisory Committee, 26714–26715 Colorado Interstate Gas Co., 26725 Wildcat River Advisory Commission, 26715 NorAm Gas Transmission Co., 26725 Health and Human Services Department Federal Highway Administration See Centers for Disease Control and Prevention NOTICES See Children and Families Administration Environmental statements; notice of intent: See Food and Drug Administration Kelso, WA, 26758 See National Institutes of Health Intermodal Surface Transportation Efficiency Act: National scenic byways program; interim policy, 26759– Housing and Urban Development Department 26762 NOTICES Grants and cooperative agreements; availability, etc.: Federal Maritime Commission HOPE homeownership program— NOTICES Single family homes program (HOPE 3), 26732–26733 Agency information collection activities under OMB review, 26725–26726 Immigration and Naturalization Service Casualty and nonperformance certificates: Cunard Line Ltd., 26726 RULES Cunard Line Ltd. et al., 26726 Immigration: Ocean freight forwarders, marine terminal operations, and Two-year home country physical presence requirement passenger vessels: for certain foreign medical graduates; waiver, 26676– Tariff cancellations; correction, 26772 26683 PROPOSED RULES Federal Reserve System Immigration: NOTICES Aircraft, vessels, and trains outside United States; Applications, hearings, determinations, etc.: preinspection services, 26696 Sun Financial Corp., 26726 Swiss Bank Corp., 26726–26727 Indian Affairs Bureau NOTICES Fish and Wildlife Service Indian tribes, acknowledgement of existence PROPOSED RULES determinations, etc.: Endangered and threatened species: Mattaponi Tribe, 26808 Contra Costa goldfields, etc. (four plants from Northern Tribal-State Compacts approval; Class III (casino) gambling: California), 26713 Upper Skagit Indian Tribe, WA; correction, 26810 Northern spotted owl, 26712 NOTICES Interior Department Agency information collection activities under OMB See Fish and Wildlife Service review, 26737 See Indian Affairs Bureau Environmental statements; availability, etc.: See Land Management Bureau Incidental take permits— See National Park Service Lewis County, WA: northern spotted owl, etc., 26737– See Surface Mining Reclamation and Enforcement Office 26738 Food and Drug Administration Internal Revenue Service NOTICES NOTICES Human drugs: Taxable substances, imported: Export applications— Acrylic fiber, 26766 Revia (naltrexone hydrochloride (HCl) 50 milligrams (mg) film-coated tablets, 26731 International Trade Administration NOTICES Foreign-Trade Zones Board Countervailing duties: NOTICES Ceramic tile from— Applications, hearings, determinations, etc.: Mexico, 26717–26719 Hawaii Export trade certificates of review, 26719–26720 Pacific Allied Products, Inc.; plastic food/beverage Applications, hearings, determinations, etc.: containers, 26715 Purdue University, 26720 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Contents V Interstate Commerce Commission National Park Service NOTICES NOTICES Railroad services abandonment: Meetings: Dallas Area Rapid Transit, 26739 National Capital Memorial Commission, 26738 National Science Foundation Joint Board for Enrollment of Actuaries NOTICES NOTICES Meetings: Meetings: Astronomical Sciences Special Emphasis Panel, 26742 Actuarial Examinations Advisory Committee, 26739– Biological Sciences Advisory Committee, 26742 26740 Computer and Information Science and Engineering Advisory Committee, 26742 Justice Department Design, Manufacture, and Industrial Innovation Special See Immigration and Naturalization Service Emphasis Panel, 26742 NOTICES Electrical and Communications Systems Special Pollution control; consent judgments: Emphasis Panel, 26742–26743 ACF Industries, Inc., 26740 Research, Evaluation, and Dissemination Special Emphasis Panel, 26743 Labor Department See Employment and Training Administration Navy Department See Pension and Welfare Benefits Administration NOTICES Privacy Act: Systems of records, 26723 Land Management Bureau NOTICES Nuclear Regulatory Commission Coal leases, exploration licenses, etc.: NOTICES Colorado, 26733 Applications, hearings, determinations, etc.: Meetings: Florida Power & Light Co., 26743 Southeast New Mexico Playa Lakes Coordinating Joseph Paolino & Sons, Inc., 26743–26744 Committee, 26733 Oil and gas leases: Office of United States Trade Representative California, 26733–26734 See Trade Representative, Office of United States Wyoming, 26734 Realty actions; sales, leases, etc.: Pension and Welfare Benefits Administration Arizona, 26734–26735 NOTICES Nevada, 26735–26736 Employee benefit plans; prohibited transaction exemptions: Survey plat filings: Walker Products Co., Inc., et al., 26740–26741 Idaho, 26736 Wisconsin, 26736 Personnel Management Office Withdrawal and reservation of lands: RULES California, 26736–26737 Health benefits, Federal employees: Inpatient hospital charges, physician charges, and FEHB National Institutes of Health benefit payments; limitations, 26667–26668 NOTICES NOTICES Meetings: Meetings: Federal Prevailing Rate Advisory Committee, 26744– National Institute of Dental Research, 26731–26732 26745 Patent licenses; non-exclusive, exclusive, or partially exclusive: Public Health Service Connaught Laboratories, Inc., 26732 See Centers for Disease Control and Prevention See Food and Drug Administration National Oceanic and Atmospheric Administration See National Institutes of Health RULES Endangered and threatened species: Research and Special Programs Administration Sea turtle conservation; shrimp trawling requirements— RULES Additional turtle excluder device requirements within Hazardous materials: statistical zones, 26691–26694 Transportation of dangerous goods international Fishery conservation and management: standards alignment, 26796–26806 Bering Sea and Aleutian Islands groundfish, 26694–26695 Gulf of Alaska groundfish, 26694 Securities and Exchange Commission NOTICES NOTICES Endangered and threatened species: Agency information collection activities under OMB Snake River sockeye salmon, and spring/summer/fall review, 26746 chinook salmon; proposed recovery plan availability, Self-regulatory organizations; 26720 National securities exchange registration applications— Whaling Commission, International: United States Stock Exchange, Inc., 26752–26753 Bowhead whale; strike quota; U.S. implementation, Self-regulatory organizations; proposed rule changes: 26720–26721 Municipal Securities Rulemaking Board, 26747–26752 VI Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Contents National Association of Securities Dealers, Inc., 26753– Grants and cooperative agreements; availability, etc.: 26754 College and university affiliations program, 26766–26770 Philadelphia Stock Exchange, Inc., 26754–26756 Meetings: Applications, hearings, determinations, etc.: Public Diplomacy, U.S. Advisory Commission, 26770 Vermont Pure Holdings, Ltd., 26756 State Department Separate Parts In This Issue NOTICES Meetings: Part II International Telecommunications Advisory Committee, Department of Health and Human Services, Administration 26756–26757 for Children and Families, 26774–26793 Surface Mining Reclamation and Enforcement Office PROPOSED RULES Part III Permanent program and abandoned mine land reclamation Department of Transportation, Research and Special plan submissions: Programs Administration, 26796–26806 Wyoming, 26704–26705 Part IV Trade Representative, Office of United States Department of the Interior, Bureau of Indian Affairs, 26808 NOTICES Japan: Part V Auto parts replacement market access barriers; Department of the Interior, Bureau of Indian Affairs, 26810 determination and comment request, 26745–26746 Part VI Transportation Department Department of Labor, Employment and Training See Coast Guard Administration and the Department of Education, See Federal Aviation Administration 26812–26821 See Federal Highway Administration See Research and Special Programs Administration Reader Aids Treasury Department Additional information, including a list of public laws, See Internal Revenue Service NOTICES telephone numbers, and finding aids, appears in the Reader Agency information collection activities under OMB Aids section at the end of this issue. review, 26762–26766 United States Information Agency Electronic Bulletin Board NOTICES Free Electronic Bulletin Board service for Public Law Art objects; importation for exhibition: numbers, Federal Register finding aids, and a list of Culture and Power in France: Treasures from the documents on public inspection is available on 202–275– Bibliotheque Nationale; correction, 26772 1538 or 275–0920. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Contents VII CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue. 5 CFR 890...... 26667 7 CFR 404...... 26669 8 CFR 212...... 26676 245...... 26676 248...... 26676 Proposed Rules: 235...... 26696 14 CFR 39...... 26683 Proposed Rules: 39 (3 documents) ...... 26697, 26700, 26702 30 CFR Proposed Rules: 950...... 26704 32 CFR Proposed Rules: 199...... 26705 33 CFR 117...... 26686 165 (2 documents) ...... 26687, 26688 Proposed Rules: 117...... 26710 40 CFR 721...... 26690 Proposed Rules: 51...... 26710 45 CFR Proposed Rules: 1385...... 26774 1386...... 26774 1387...... 26774 1388...... 26774 47 CFR Proposed Rules: 73 (3 documents) ...... 26711, 26712 49 CFR 171...... 26796 172...... 26796 173...... 26796 178...... 26796 50 CFR 217...... 26691 227...... 26691 672...... 26694 675 (3 documents) ...... 26694, 26695 Proposed Rules: 17 (2 documents) ...... 26712, 26713 26667 Rules and Regulations Federal Register Vol. 60, No. 96 Thursday, May 18, 1995 This section of the FEDERAL REGISTER Insurance Programs, Retirement and OPM has not required fee-for-service contains regulatory documents having general Insurance Group, Office of Personnel plans with an insufficient number of applicability and legal effect, most of which Management, 1900 E Street, NW., affected enrollees to apply the limits on are keyed to and codified in the Code of Washington, DC 20415; or FAX to (202) physician services. We made this Federal Regulations, which is published under 606–0633. 50 titles pursuant to 44 U.S.C. 1510. determination in keeping with OBRA of FOR FURTHER INFORMATION CONTACT: 1993’s primary objective of reducing The Code of Federal Regulations is sold by Robert G. Iadicicco (202) 606–0004. expenses. the Superintendent of Documents. Prices of SUPPLEMENTARY INFORMATION: Section The interim regulation authorizes the new books are listed in the first FEDERAL FEHB plans, under the oversight of REGISTER issue of each week. 11003 of the Omnibus Budget Reconciliation Act (OBRA) of 1993, Pub. OPM, to notify the Secretary of Health L. 103–66, amended the FEHB law to and Human Services (HHS) or the OFFICE OF PERSONNEL limit the charges and FEHB fee-for- Secretary’s designee when a medical MANAGEMENT service plans’ benefit payments for provider knowingly and willfully certain physician services (as defined in collects, on a repeated basis, more than 5 CFR Part 890 section 1848(j) of the Social Security the applicable limits for inpatient hospital services or physician services. RIN 3206±AG31 Act) received by retired enrolled individuals. OPM strongly encourages and supports Federal Employees Health Benefits The OBRA of 1993 provision is the efforts of FEHB plans to inform Program: Limitation on Physician related to section 7002(f) of OBRA of retired enrolled individuals and medical Charges and FEHB Program Payments 1990, Pub. L. 101–508. The OBRA of providers of the limits on charges and 1990 provision limited the charges and benefit payments, monitor compliance AGENCY: Office of Personnel FEHB fee-for-service plans’ benefit with the limits, and, if necessary, report Management. payments for certain inpatient hospital repeat violators to the Secretary of HHS, ACTION: Interim regulation with request services received by retired enrolled or the Secretary’s designee. for comments. individuals. OPM implemented the Waiver of Notice of Proposed SUMMARY: The Office of Personnel OBRA of 1990 provision by issuing Rulemaking Management (OPM) is issuing an interim and final regulations in the interim regulation that amends current March 27, 1992, and July 20, 1993, Pursuant to section 553(b)(3)(B) of Federal Employee Health Benefits issues of the Federal Register (57 FR title 5 of the U.S. Code, I find that good (FEHB) Program regulations to require 10609 and 58 FR 38661). This interim cause exists for waiving the general that the charges and FEHB fee-for- regulation amends the previous notice of proposed rulemaking and service plans’ benefit payments for regulations. making this regulation effective upon certain physician services furnished to The interim regulation expands the publication. The notice is being waived retired enrolled individuals do not definition of a retired enrolled because the limitation on FEHB plans’ exceed the limits on charges and individual to include individuals who benefit payments and providers’ charges payments established under the are not enrolled in Medicare part B. enacted by Pub. L. 103–66 addressed in Medicare fee schedule for physician The interim regulation specifies the this regulation was effective with services. The regulation authorizes the physician services covered by the respect to the contract year beginning on FEHB plans, under the oversight of limitation on charges and benefit January 1, 1995. OPM, to notify the Secretary of Health payments. and Human Services (HHS) of a The interim regulation establishes Regulatory Flexibility Act Medicare participating hospital, how FEHB fee-for-service plans will I certify that these regulations will not physician or supplier who knowingly determine benefit payments for have a significant economic impact on and willfully fails to accept, on a physician services covered by the a substantial number of small entities repeated basis, the Medicare rate as limitation. The plans will base their because they primarily affect the health payment in full from an FEHB plan. The payment on the lower of the actual care coverage of Federal annuitants and regulation also authorizes the FEHB charge of the provider or the amount former spouses. plans, under the oversight of OPM, to determined to be equivalent to the notify the Secretary of HHS of a Medicare part B payment under the E.O. 12866, Regulatory Review Medicare nonparticipating physician or Medicare Participating Physician Fee supplier who knowingly and willfully Schedule for Medicare participating This rule has been reviewed by OMB charges, on a repeated basis, more than physicians and the Medicare in accordance with E.O. 12866. the Medicare limiting charge amount Nonparticipating Physician Fee List of Subjects in 5 CFR Part 890 (115 percent of the Medicare Schedule for Medicare nonparticipating Nonparticipating Physician Fee physicians. Retired enrolled Administrative practice and Schedule amount). individuals’ coinsurance payments will procedure, Government employees, DATES: This interim regulation is be based on the same amount. Health facilities, Health insurance, effective May 18, 1995. Comments must The interim regulation specifies the Health professions, Hostages, Iraq, be received on or before July 17, 1995. limits on what providers can collect for Kuwait, Lebanon, Reporting and ADDRESSES: Send written comments to both inpatient hospital services and recordkeeping requirements, Lucretia F. Myers, Assistant Director for physician services. Retirement. 26668 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations Office of Personnel Management. services apply to physician services, (as § 890.906 Retired enrolled individuals James B. King, defined in section 1848(j) of the Social coinsurance payments. Director. Security Act), which are: (a) A retired enrolled individual’s (1) Covered under both Medicare part Accordingly, OPM is amending 5 CFR coinsurance responsibility for inpatient B and the retired enrolled individual’s part 890 as follows: hospital services is calculated in FEHB plan; and accordance with the plan’s contractual PART 890ÐFEDERAL EMPLOYEES (2) Supplied to a retired enrolled benefit structure and is based on the HEALTH BENEFITS PROGRAM individual who does not have Medicare part B. amount determined to be equivalent to 1. The authority citation for part 890 6. Section 890.904 is amended by the Medicare part A payment under the continues to read as follows: designating the current paragraph as DRG-based PPS. Authority: 5 U.S.C. 8913; § 890.803 also paragraph (a), amending newly (b) A retired enrolled individual’s issued under 50 U.S.C. 403p, 22 U.S.C. 4069c designated paragraph (a) by adding the coinsurance responsibility for physician and 4069c–1; subpart L also issued under words ‘‘for inpatient hospital services’’ services is calculated in accordance sec. 599C of Pub. L. 101–513, 104 Stat. 2064, after the words ‘‘FEHB plan’s benefit with the plan’s contractual benefit as amended. payment’’, and by adding paragraph (b) structure and is based on the lower of 2. The heading of subpart I is revised to read as follows: the actual charges or the amount to read as follows: § 890.904 Determination of FEHB benefit determined to be equivalent to the payment. Medicare part B payment under the Subpart IÐLimit on Inpatient Hospital * * * * * Medicare Participating Physician Fee Charges, Physician Charges, and Schedule for Medicare participating FEHB Benefit Payments (b) The FEHB plan’s benefit payment for physician services under this physicians and the Medicare 3. Section 890.901 is revised to read subpart is determined by taking the Nonparticipating Physician Fee as follows: lower of the following amounts: Schedule for Medicare nonparticipating (1) The amount determined by the physicians. § 890.901 Purpose. FEHB plan, which is equivalent to the 9. Section 890.907 is redesignated as This subpart identifies the individuals Medicare part B payment under the § 890.910 and a new § 890.907 is added whose charges and FEHB benefit Medicare Participating Physician Fee to read as follows: payments for inpatient hospital services Schedule for Medicare participating and/or physician services may be physicians and the Medicare § 890.907 Effective dates. limited and sets forth the circumstances Nonparticipating Physician Fee (a) The limitation specified in this of the limit. Schedule for Medicare nonparticipating subpart applies to inpatient hospital 4. Section 890.902 is amended by physicians (the amount payable before admissions commencing on or after revising paragraphs (c) and (d) to read the Medicare deductible and January 1, 1992. as follows: coinsurance are applied); or (b) The limitation specified in this § 890.902 Definition. (2) The actual billed charges; and (3) Reducing the lower amount by any subpart applies to physician services * * * * * FEHB plan deductible, coinsurance, or supplied on or after January 1, 1995. (c) Is age 65 or older or becomes age copayment that is the responsibility of 65 while receiving inpatient hospital 10. Section 890.908 is added to read the retired enrolled individual. as follows: services or physician services; and 7. Section 890.905 is revised to read (d) Is not covered by Medicare part A as follows: § 890.908 Notification of HHS. and/or part B. 5. Section 890.903 is revised to read § 890.905 Limits on inpatient hospital and An FEHB plan, under the oversight of as follows: physician charges. OPM, will notify the Secretary of HHS, (a) Hospitals may not collect from or the Secretary’s designee, if the plan § 890.903 Covered services. FEHB plans and retired enrolled finds that: (a) The limitation on the charges and individuals for inpatient hospital (a) A hospital knowingly and willfully FEHB benefit payments for inpatient services more than the amount collects, on a repeated basis, more than hospital services apply to inpatient determined to be equivalent to the the amount determined to be equivalent hospital services which are: Medicare part A payment under the (1) Covered under both Medicare part to the Medicare part A payment under DRG-based PPS. the DRG-based PPS. A and the retired enrolled individual’s (b) Medicare participating providers FEHB plan; and may not collect for FEHB plans and (b) A Medicare participating (2) Supplied to a retired enrolled retired enrolled individuals for physician or supplier knowingly and individual who does not have Medicare physician services more than the willfully collects, on a repeated basis, part A; and amount determined to be equivalent to more than the amount determined to be (3) Provided by hospital providers the Medicare part B payment under the equivalent to the Medicare part B who have in force participation Medicare Participating Physician Fee payment under the Medicare agreements with the Secretary of Health Schedule. Participating Physician Fee Schedule. and Human Services (HHS) consistent (c) Medicare nonparticipating (c) A Medicare nonparticipating with sections 1814(a) and 1866 of the providers may not collect from FEHB physician or supplier knowingly and Social Security Act, and receive plans and retired enrolled individuals willfully charges, on a repeated basis, Medicare part A payments in for physician services more than the more than the amount determined to be accordance with the diagnosis related amount to be equivalent to the Medicare equivalent to the Medicare limiting group (DRG) based prospective payment limiting charge amount. charge amount. system (PPS). 8. Section 890.906 is redesignated as (b) The limitation on the charges and § 890.909 and a new § 890.906 is added [FR Doc. 95–12169 Filed 5–17–95; 8:45 am] FEHB benefit payments for physician to read as follows: BILLING CODE 6325±01±M Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26669 DEPARTMENT OF AGRICULTURE Executive Order 12866, and therefore, power and responsibilities among the has been reviewed by the Office of various levels of government. Federal Crop Insurance Corporation Management and Budget (‘‘OMB’’). This regulation will not have a A Regulatory Impact Analysis has significant impact on a substantial 7 CFR Part 404 been completed and is available to number of small entities. Most RIN 0563±AB13 interested persons at the address listed producers will be able to certify to their above. In summary, the analysis finds historical production levels at the time Noninsured Crop Disaster Assistance that crop insurance reform is expected of application based on existing records, Program to result in net positive benefits to or they may elect to base their initial producers, taxpayers, and society. The coverage on transitional or assigned AGENCY: Federal Crop Insurance impact on individual producers yields. The amount of data collected Corporation. compared to payments under ad hoc from applicants will only be that needed ACTION: Interim rule. disaster programs depends primarily on to establish an acceptable yield, and SUMMARY: The Federal Crop Insurance the farm’s actual yield or yield assigned determine the number of acres planted, Corporation (‘‘FCIC’’) hereby adds a new by the FCIC, market prices, and any and eligibility of the producer, crop and part 404 to chapter IV of title 7 of the adjustments for variable marketing or acreage. The information required and Code of Federal Regulations (‘‘CFR’’). production costs. However, reform is time of collection is statutory. The intended effect of this interim rule expected to result in less volatility of Therefore, this action is determined to is to provide a noninsured crop disaster producers’ incomes and decrease the be exempt from the provisions of the assistance program (‘‘NAP’’) to protect risk of no income due to adverse Regulatory Flexibility Act (5 U.S.C. producers of crops for which insurance weather events. Rural communities and § 605) and no Regulatory Flexibility is not available. NAP provides a level of farmers will benefit from the advanced Analysis was prepared. protection in most respects comparable knowledge that payments will be made This program is listed in the Catalog to the catastrophic risk protection plan in times of catastrophic yield losses. of Federal Domestic Assistance under of insurance offered to producers on The Government and taxpayers will No. 10.450. This program is not subject to the certain crops. benefit from a single disaster protection program and consequently reduced provisions of Executive Order 12372 DATES: This rule is effective January 1, Federal outlays. Although producers which require intergovernmental 1995. Written comments, data, and will have an added burden to make consultation with state and local opinions on this rule will be accepted application and report yields and officials. See the Notice related to 7 CFR until close of business July 17, 1995 and acreage, the benefits in terms of greater part 3015, subpart V, published at 48 FR will be considered when the rule is to risk protection and reduced potential for 29115, June 24, 1983. be made final. program fraud or abuse outweigh the The Office of the General Counsel has ADDRESSES: Written comments, data, costs. determined that these regulations meet and opinion on this interim rule should The provisions set forth in this the applicable standards provided in be sent to Diana Moslak, Regulatory and interim rule will contain information subsections 2(a) and 2(b)(2) of Executive Procedural Development Staff, Federal collections that require clearance by the Order 12778. The provisions of this rule Crop Insurance Corporation, USDA, Office of Management and Budget will preempt state and local laws to the Washington, D.C. 20250. Hand or (OMB) pursuant to the Paperwork extent such state and local laws are messenger delivery may be made to Reduction Act of 1980 (44 U.S.C. 3501 inconsistent herewith. Before any Suite 500, 2101 L Street, N.W., et seq.). Due to the necessity of judicial action may be brought regarding Washington D.C. Written comments will implementing the rule immediately, the the provisions of this regulation, the be available for public inspection and agency has requested clearance of this National Appeal Division administrative copying in the Office of the Manager, information collection from OMB. The appeal procedures must be exhausted. 2101 L Street, N.W., 5th Floor, public reporting burden for the The provisions of this rule are to be Washington, D.C., during regular information collections that would be given retroactive effect to January 1, business hours, Monday through Friday. required for compliance with these 1995. FOR FURTHER INFORMATION CONTACT: For regulations is estimated to average 42 This action is not expected to have further information and a copy of the minutes per response including the time any significant impact on the quality of Regulatory Impact Analysis to the for reviewing instructions, searching the human environment, health, and Noninsured Crop Disaster Assistance existing data sources, gathering and safety. Therefore, neither an Program, contact Diana Moslak, Federal maintaining data needed, and Environmental Assessment nor an Crop Insurance Corporation, U.S. completing and reviewing the collection Environmental Impact Statement is Department of Agriculture, Washington, of information. Comments on the needed. D.C. 20250. Telephone (202) 254–8314. information collection may be sent to This interim rule implements SUPPLEMENTARY INFORMATION: This the Office of Information and Regulatory programs mandated by the amendments action has been reviewed under United Affairs, Office of Management and to the Federal Crop Insurance Act by the States Department of Agriculture Budget, Room 10202, NEOB, Federal Crop Insurance Reform Act of (‘‘USDA’’) procedures established by Washington, D.C. 20503. Attention: 1994. Those amendments required that Executive Order 12866 and Desk Officer for USDA. the statutory changes be implemented Departmental Regulation 1512–1. This It has been determined under section for the 1995 crop year. Many of the final action constitutes a review as to the 6(a) of Executive Order 12612, planting dates or risk periods for crops need, currency, clarity, and Federalism, that this rule does not have for which insurance is not available effectiveness of these regulations under sufficient federalism implication to have passed or will soon pass. Planting those procedures. The sunset review warrant the preparation of a Federalism decisions for 1995 crops have been or date established for these regulations is Assessment. The provisions contained will shortly be made and it is necessary May 1, 2000. in this rule will not have a substantial that producers, lenders, and suppliers This rule has been determined to be direct effect on states or their political know the parameters and requirements ‘‘significant’’ for the purposes of subdivisions, or on the distribution of of the program. Disasters in 1995 subject 26670 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations to the Act may have occurred. 5. Section 404.13, paragraph (d)— unless the projected average or actual Therefore, it is impractical and contrary Allows for an area determination to be yield for the crop in an area falls below to the public interest to publish this rule ten or more producers of the crop in 65 percent of the expected area yield for notice and comment prior to making those eligible areas outside the United established by FCIC. Once the area the rule effective. However, comments States. eligibility requirement has been are solicited for 60 days after the date 6. Section 404.15—Provides that satisfied, the total quantity of the of publication in the Federal Register yields will be established by the FCIC eligible crop that the producer is able to and will be considered by FCIC before for the purposes of providing NAP harvest on the unit must be less than 50 this rule is made final. payments. Yields may be established by percent of the approved yield. FCIC will On October 13, 1994, the amendments using the actual production history of make a payment for the difference to the Federal Crop Insurance Act, made the producer over a prescribed period, between the determined yield and 50 by the Federal Crop Insurance Reform or if there is inadequate documentation percent of the producer’s approved Act of 1994, were effective. This to calculate the actual production yield. Once the area eligibility regulation will provide the provisions to history, generally in accordance with 7 requirement has been met, a producer of carry out the noninsured crop disaster CFR part 400, subpart G. The FCIC will an eligible crop may receive NAP assistance program requirements of the ensure that the NAP payments payments for prevented planting if the Reform Act. The Noninsured Crop accurately reflect significant yield producer is prevented from planting Disaster Assistance Program will replace variations due to different farming more than 35 percent of the acreage. the provisions of the Disaster Payment practices, such as between irrigated and Intended acreage may be verified using Program (7 CFR part 1477) and the non-irrigated acreage. records of historical acreage planted to provisions of the Tree Assistance 7. Section 404.15, paragraph (h)— the eligible crop. Program (7 CFR part 1478). By separate Specifies that producers with contracts 12. Section 404.21, paragraph (a)— rule, the Consolidated Farm Service for guaranteed payments for production Provides for notice of damage or loss at Agency (‘‘CFSA’’) will amend these will have their harvested production the local office within 15 calendar days regulations to restrict the crop years of adjusted upward to reflect the amount after the occurrence of the prevented application to those prior to the crop of the contract payment. planting or damage to the crop to be year for which this rule will be effective 8. Section 404.15, paragraph (i)—A eligible for NAP payments. With the and later remove those parts. producer who produces a crop in a exception for the 1995 crop year, in county where the acreage of the crop for Background which case, the notice must be filed the county has increased by more than within the later of 45 days after this rule Upon publication of 7 CFR part 404, 100 percent over any year in the is published in the Federal Register or this regulation will provide noninsured preceding seven years may not use an 15 days after the occurrence of the crop disaster assistance through the assigned yield unless: prevented planting or damage to the USDA and will replace ad hoc disaster (a) The planted acreage of the crop. assistance. The provisions of the producer for the crop has been 13. Section 404.21, paragraph (b)— noninsured crop disaster assistance inspected prior to the loss by a third Requires the producer to make an program are as follows: party acceptable to the FCIC; or application for payment at the local 1. Section 404.9, paragraph (a)— (b) The CFSA County Executive office before the deadline set by FCIC. Provides that producers who are eligible Director and the CFSA State Executive 14. Section 404.23—Specifies that if to receive NAP payments for crop years Director recommend an exemption to the producer is eligible to receive NAP 1995 through 1998 will receive coverage FCIC for approval. FCIC will limit use payments and is also eligible to receive against a covered loss greater than fifty of assigned yields to one loss year. benefits for the same loss under other percent (50%) of the approved yield for 9. Section 404.17—Provides for the USDA programs, the producer must the eligible crop payable at sixty percent filing of an annual acreage report by the elect the program from which to receive (60%) of the average market price for producer for each eligible crop at the benefits. the crop. local office to be eligible for NAP 15. Section 404.25—Specifies that the 2. Section 404.9, paragraph (b)— payments. For each year, producers total amount of payments that a person Provides that producers who are eligible must report their current year’s acreage may receive annually under this title to receive NAP payments after crop year and the previous year’s crop production will not exceed $100,000. A producer 1998 will receive coverage against a history. with qualifying gross revenues of $2 covered loss greater than fifty percent 10. Section 404.19, paragraphs (a) and million or more may not receive NAP (50%) of the approved yield for the (b)—Specifies that to qualify for NAP payments. eligible crop payable at fifty-five percent payments, any loss or prevented 16. Section 404.27—Specifies that if a (55%) of the average market price for planting of the eligible crop must be due producer conceals or misrepresents any the crop. to drought, flood, or other natural material fact, commits fraud, or 3. Section 404.11, paragraph (a)— disaster, as determined by the Secretary. participates in a scheme or device, the Specifies that eligible crops will be NAP payments will not cover losses due producer will not be eligible to receive commercial crops or other agricultural to neglect or malfeasance of the any payments applicable to that crop commodities (except livestock), grown producer, or the failure of the producer year and could be subject to penalties for food or fiber and will also include to reseed or replant to the same crop in specified in the Act. floricultural, ornamental nursery, those areas and under such Christmas tree crops, turfgrass sod, circumstances where it is customary to List of Subjects in 7 CFR Part 404 industrial crops, and aquacultural reseed or replant, or the failure of the Agricultural commodities, Disaster species. producer to follow good farming assistance, Reporting and recordkeeping 4. Section 404.13—Specifies the practices. requirements. minimum ‘‘area’’ of 320,000 acres or a 11. Section 404.19, paragraph (c)— geographical area with a minimum Specifies that a producer of an eligible Interim Rule average value of at least $80 million for crop will not receive NAP payments for For the reasons set out in the all crops produced annually. loss in production or prevented planting preamble, a new part 404 is added to Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26671 chapter IV of title 7 of the CFR, to read § 404.5 Administration. human consumption or fish raised as as follows: (a) The NAP program will be feed for fish that are consumed by administered under the general humans, and which is propagated and PART 404ÐNONINSURED CROP supervision of the FCIC, and will be reared in an aquatic medium by a DISASTER ASSISTANCE PROGRAMÐ carried out through state and county commercial operator on private property REGULATIONS FOR THE 1995 AND committees and offices of the CFSA, or in water in a controlled environment. SUCCEEDING CROP YEARS other local USDA offices if designated (f) Area. The geographic region by FCIC. recommended by the state CFSA Sec. committee, and approved by FCIC in 404.1 General statement. (b) The state CFSA committee will, in 404.3 Applicability. accordance with this part, recommend accordance with § 404.13 of this part, 404.5 Administration. the geographical size and shape of the where a natural disaster has occurred 404.7 Definitions. area where a natural disaster has which may qualify producers in the 404.9 Coverage. occurred, and whether the area geographic area for NAP payments. 404.11 Eligibility. eligibility requirement has been (g) Assigned yield. A yield assigned 404.13 Area. satisfied. The recommendation of for a crop year in the base period if the 404.15 Yield determinations. eligibility will be submitted to FCIC for producer does not file an acceptable 404.17 Acreage report. review and approval or disapproval. production report by the production 404.19 Loss requirements. (c) FCIC will determine all yields and reporting date in accordance with 7 CFR 404.21 Application for payment and notice prices under this part. part 400, subpart G. Assigned yields are of loss. (d) No delegation herein to a state or 404.23 Multiple benefits. used in the same manner as actual 404.25 Payment and income limitations. county CFSA committee will preclude yields when calculating APH. An 404.27 Misrepresentation, scheme and the FCIC Manager from determining any assigned yield may not be used for a device, and fraud. question arising under NAP or from production report in a disaster year. 404.29 Refunds to the corporation. reversing or modifying any (h) Average market price. The price or 404.31 Cumulative liability. determination made by a state or county dollar equivalent on an appropriate 404.33 Appeals. CFSA committee. basis; i.e., bushel, ton, etc., for an 404.35 Exemption from levy. eligible crop established by FCIC for § 404.7 Definitions. 404.37 Estates, trusts, and minors. determining NAP payments. Such price 404.39 Death, incompetence, or (a) Actual production history. Refer to disappearance. will be on a harvested basis without the 7 CFR part 400, subpart G, except that inclusion of transportation, storage, 404.41 OMB control numbers. the terms of subpart G will read as Authority: 7 U.S.C. 1506(l). processing, packing, marketing or other follows when referring to NAP: post-harvest expenses and will be based, § 404.1 General statement. Insurance terms NAP terms in part, on historical data. (i) CCC. The Commodity Credit The Federal Crop Insurance Act, as Corporation. amended by the Federal Crop Insurance Agent ...... Local office rep- resentative. (j) CFSA. The Consolidated Farm Reform Act of 1994 (the ‘‘Act’’), requires Claim ...... Application for pay- Service Agency of the United States the Federal Crop Insurance Corporation ment. Department of Agriculture. (FCIC) to implement a noninsured crop Claim for indemnity ... Application for pay- (k) County expected yield. The disaster assistance program (NAP) to ment. eligible crop yield established by FCIC provide eligible producers of eligible Indemnity payment .... NAP payment. for the county. Such yield information crops with protection somewhat Insurable acreage ..... Eligible acreage. may be obtained from the National Insurable cause ...... Natural disaster. comparable to the catastrophic risk Agricultural Statistics Service (NASS), protection plan of insurance. NAP is Insurable crop ...... Eligible crop. Insurance company ... Provider. CSREES, credible nongovernmental designed to help reduce production Insurance purposes .. NAP purposes. studies, and yields in similar areas. For risks faced by producers of uninsurable Insured ...... Eligible producer. planted annual crops, such yield will be crops. NAP will reduce financial losses Insured producer ...... Eligible producer. based on the acreage planted for harvest. that occur when natural disasters cause Uninsurable acreage . Ineligible acreage. (l) Crop year. The period of time a loss of production or prevented Uninsurable produc- Ineligible production. within which the crop is normally planting of an eligible crop. Payment tion. grown and designated by the calendar Uninsured cause of Assigned production. eligibility is based on an expected yield year in which the crop is normally for the area and an approved yield for loss appraisal. Uninsured production Ineligible production. harvested in the area. an individual producer unit based on (m) CSREES. The Cooperative State actual production history or a (b) Actual yield. The yield per acre for Research, Education, and Extension transitional yield, if sufficient actual a crop year calculated from production Service. production records are not available. records or NAP payments in accordance (n) Eligible crop. An agricultural Production for both the applicable area with 7 CFR part 400, subpart G. commodity including all types and expected yield and the individual (c) Adjusted yield. The transitional varieties or acreage of a commodity for producer approved yield for the unit yield reduced by the applicable which insurance is not available under must fall below specified percentages in percentage for lack of adequate records any FCIC insurance program and which order to be eligible for payments under in accordance with 7 CFR part 400, is commercially produced for food or this part. subpart G. fiber as specified in this part. Eligible crop shall also include floricultural, § 404.3 Applicability. (d) Approved yield. A yield calculated and approved by the verifier, used to ornamental nursery, Christmas tree, The provisions contained in this part determine any NAP payment in turfgrass sod, industrial crops, and are applicable to each eligible producer accordance with 7 CFR part 400, subpart aquacultural species. In the case of a and each eligible crop and acreage for G. crop that historically has multiple which catastrophic risk protection (e) Aquacultural species. Any species plantings in the same crop year that are coverage is not otherwise available. of aquatic organism grown as food for planted or are prevented from being 26672 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations planted on the same or different acreage (y) Prevented planting. The inability NAP payments, the producer’s share will be considered different crops for to plant a crop with proper equipment will not exceed the producer’s share at determining NAP payments. This does during the planting period for the crop the earlier of the time of loss or the not apply to a replacement crop. or commodity. A producer must have beginning of harvest. Acreage or interest (o) Expected area yield. The eligible been unable to plant the eligible crop attributed to a spouse, child, or member crop yield established and approved by due to a natural disaster that prevented of the same household may be FCIC for the geographic area. most producers in the surrounding area considered part of the producer’s share (p) FCIC. The Federal Crop Insurance from planting such crop during the unless considered a separate person. Corporation, a wholly owned same planting period. The natural (gg) Transitional NAP yield (‘‘T’’ Government Corporation within the disaster that caused the prevented Yield). An estimated yield based on the Consolidated Farm Service Agency, planting may occur prior to the planting county expected yield adjusted for United States Department of period for the crop in the area, but must individual producers as determined by Agriculture. not occur earlier than the planting FCIC. The T-yield will be used in the (q) Good farming practices. The period for such crop the prior crop year. approved yield calculation process cultural practices generally used in the (z) Producer. A person who, as owner, when less than four consecutive crop area for the crop to make normal landlord, tenant, or sharecropper, is years of actual or assigned yields are progress toward maturity and produce entitled to share in the production from available. at least the individual unit approved the eligible commodity or in the (hh) Unit. For the noninsured crop yield. The practices are normally those proceeds thereof. disaster assistance program, all acreage recognized by CSREES as compatible (aa) Production report. A written of the eligible crop in the county on the with agronomic and weather conditions record showing the commodity’s annual date coverage begins for the crop year: in the area. production and used to determine the (1) In which the person has one- (r) Harvested. A single harvest crop is producer’s yield for NAP purposes. The hundred percent (100%) crop share; or considered harvested when the report contains yield history by unit, if (2) Which is owned by one person producer has, by hand or mechanically, applicable, including planted acreage and operated by another person on a removed the crop from the field. A for annual crops, eligible acreage for share basis. perennial crops, and harvested and multiple harvest crop is considered (Example: If, in addition to the land the harvested when the producer has, by appraised production for the previous crop years. This report must be person owns, the person rents land from five hand or mechanically, removed at least landlords, three on a crop share basis and one harvesting from the field. The crop supported by verifiable written records, two on a cash basis, the person would be is considered harvested once it is taken measurement of farm-stored production, entitled to four units, one unit for each crop off the field and placed in a truck or or by other records of production share lease and one unit which includes the other conveyance. (Exceptions: Hay is approved by FCIC on an individual two cash leases and the land owned by the considered harvested when in the bale, basis. Information contained in an person.) Land rented for cash, a fixed whether removed from the field or not. application for payment is considered a commodity payment, or any consideration production report for the unit for the other than a share in the crop on such land Grazing is not considered harvesting will be considered as owned by the lessee. except for seeded pasture.) crop year for which the application was filed. No unit other than that stated herein will be (s) Livestock. Any farm or other permitted. animal excluding aquacultural species (bb) Qualifying gross revenues means: (1) With respect to a person who and, including but not limited to § 404.9 Coverage. receives more than 50 percent of such domestic avian, ruminant, equine, and (a) Producers who are eligible to person’s gross income from farming, swine species grown or maintained for receive NAP payments for crop years ranching, and forestry operations, the any purpose. 1995 through 1998 will receive coverage annual gross income for the calendar (t) Local office. The CFSA office or against loss in yield greater than fifty year from such operations; and other USDA office designated by FCIC. (2) With respect to a person who percent (50%) of the producer’s (u) Master yields. Approved APH receives 50 percent or less of such approved yield for the eligible crop yields, for certain crops and counties as person’s gross income from farming, payable at sixty percent (60%) of the designated by the FCIC, used to ranching, and forestry operations, the established average market price for the determine any NAP payment in person’s total gross income from all crop. accordance with 7 CFR part 400, subpart sources. (b) Producers who are eligible to G. (cc) Reseeded or replanted crop. The receive NAP payments after crop year (v) Natural disaster. Means damaging same crop planted on the same acreage 1998 will receive coverage against loss weather, including but not limited to after the first planting of the crop has in yield greater than fifty percent (50%) drought, hail, flood, excessive moisture, failed. of the producer’s approved yield for the freeze, tornado, hurricane, or excessive (dd) Replacement crop. A different eligible crop payable at fifty-five percent wind, or any combination thereof; or crop planted on the same acreage after (55%) of the established average market other adverse natural occurrence, the failure of the first crop, excluding price for the crop. including but not limited to earthquake, reseeded or replanted crops. (c) FCIC will adjust the NAP payment volcanic eruption, heat, locust (ee) Seeded pasture. Acreage which is rate for crops that are produced with infestation; or that directly causes, seeded on cropland, as defined in 7 CFR significant and variable expenses that accelerates, or exacerbates the part 719, to an annual crop intended for are not incurred because the crop destruction or deterioration of an use as grazing only by domestic acreage was prevented from being eligible crop. animals. planted or planted but not harvested. (w) Operator. The person who is in (ff) Share. The producer’s percentage (d) NAP payments will be determined general control of the farming operation of interest in the eligible crop as an by unit based on the production of all on the farm during the crop year. owner, operator, or tenant at the acreage of that crop (planted and (x) Person. A person as defined in 7 beginning of the crop year. For the eligible prevented from being planted) CFR part 1497, subpart B. purposes of determining eligibility for in the unit. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26673 (e) Each producer’s NAP payment will payments for their share of the crop § 404.15 Yield determinations. be based on the producer’s share of the unless such tenant, landlord, or (a) FCIC will establish expected area eligible crop. producer on the unit is: yields for eligible crops for each county (1) Also convicted of planting, or area for which the NAP is available, § 404.11 Eligibility. cultivating, growing, producing, using available information, which may (a) Eligible crops under this part will harvesting or storing a controlled include, but is not limited to, NASS be any commercial agricultural crop, substance; data, CSREES records, credible commodity, or acreage of a commodity (2) Also in violation of chapter XII of nongovernment studies, yields in grown for food or fiber for which the the Food Security Act of 1985 and the similar areas, and reported APH data. catastrophic risk protection plan of regulations issued thereunder; or (b) FCIC may make county yield insurance is not available in the area (3) Otherwise determined by FCIC to adjustments taking into consideration under 7 CFR part 402 unless excluded be ineligible for NAP payments. different yield variations due to in paragraph (b) of this section. All different farming practices in the county types and varieties of a crop or § 404.13 Area. such as irrigated and nonirrigated commodity will be treated as a single For the purposes of this part, all acreage. eligible crop. NAP benefits will be made acreage affected by a natural disaster, or (c) In establishing expected area available for: any adjustment thereto, will be included yields for eligible crops: (1) Any commercial crop grown for in the area recommended by the state (1) If the approved area corresponds human consumption; CFSA committee and submitted to FCIC to a single county, the expected area (2) Any commercial crop planted and for approval, regardless of whether the yield will be the yield established by grown for livestock consumption, commodity produced on the affected FCIC for that county, including any including but not limited to grain and acreage suffered a loss. The minimum adjustments permitted by this section; forage crops and seeded pasture; area will be 320,000 acres or a (2) If the approved area encompasses (3) Any commercial crop grown for geographical area with not less than an portions of or more than one county, the fiber, excluding trees grown for wood, $80 million average value for all crops expected area yield will be the weighted paper, or pulp products; produced annually. The minimum area average of the yields established by (4) Any commercially produced will be determined as follows: FCIC for those counties in the area, aquacultural species; (a) The shape of the area will be including any adjustments permitted by (5) Floriculture; contiguous and will correspond to the this section. (6) Ornamental nursery crops; shape of the natural disaster to the (3) FCIC may adjust expected area (7) Christmas trees; maximum extent possible. If the acreage yields if: (8) Turfgrass sod; and affected by the natural disaster is less (A) The cultural practices, including (9) Industrial crops. than the number of acres needed to meet the age of the planting or plantings, are (b) NAP payments will not be different from those used to establish available for: the area size requirement and does not meet the $80 million value requirement, the yield. (1) Losses of livestock or their by- (B) The expected area yield the state CFSA committee will add acres products; established on a state or county level is equally from all surrounding cropland (2) Any person who has qualifying determined to be incorrect for the area. gross revenues in excess of $2 million; including undamaged acres until the (d) FCIC will establish approved (3) Any acreage in any area for any minimum size is met. yields for purposes of providing crop for which the catastrophic risk (b) If the acreage affected by the assistance under this part. Approved protection plan of insurance under 7 natural disaster is not contiguous: yields for the eligible crop will be based CFR part 402 is available or would have (1) The area will include all acreage on the producer’s actual production been available had the crop been timely that has been affected by the same history in accordance with the planted in accordance with 7 CFR part natural disaster within the area. provisions of 7 CFR part 400, subpart G. 402 unless the delay in planting was (2) The acreage included in the area (e) The approved yield established for caused by a natural disaster; will be contiguous taking into the producer for the year in which the (4) Any person who has violated consideration geological breaks NAP payments are offered will be equal chapter XII and section 1764 of the Food (identifiable variations in topography to the average of the consecutive crop Security Act of 1985 by being convicted such as mountain ranges and rivers). year yields reported and certified of that under Federal or state law of planting, (3) If the distance between affected producer for that eligible crop. cultivating, growing, producing, acreages is so distant that it is not (f) If a producer receives an assigned harvesting or storing a controlled practical to include all of the acreage yield for a year of natural disaster, the substance in any crop year; within the area, the acreage may be producer will be ineligible to receive an (5) Producing an agricultural divided into separate areas. assigned yield for any subsequent year commodity in any crop year on a field (c) The area may not be defined in any disaster unless adequate production on which highly erodible land is manner that arbitrarily includes or records for the eligible crop from the predominant, unless the person is excludes producers or cropland. previous one or more years are provided exempt under the provisions of § 12.5 of (d) In lieu of paragraphs (a) and (b) of to the local office. The producer shall this title; or this section, for eligible areas outside receive a zero yield for those years the (6) Producing an agricultural the United States, the area shall include producer is ineligible to receive an commodity in any crop year on ten or more producers of the crop. assigned yield. converted wetland, unless the person is (e) If a part of a contiguous unit is (g) FCIC will select certain producers exempt under the provisions of § 12.5 of affected by a disaster, the whole and require those selected to provide this title. contiguous unit will need not be adequate records to support the (c) Any tenant, landlord, or producer included in the determination of the information provided. Producers may on the unit separate from the person area. However, the whole unit will be also be required to support the yield determined to be ineligible under this used to determine if the producer certification at the time of loss provision will remain eligible for NAP suffered a loss. adjustment or on post-audit. Each 26674 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations certification must be supported by report filed by the farm operator unless (c) A producer of an eligible crop will adequate records. Failure to produce the producer files a separate acreage not receive NAP payments unless the adequate records may subject the report prior to the acreage reporting projected average or actual yield for the producer to criminal and civil false date. crop, or an equivalent measurement if claims actions under various Federal (b) That acreage report must include: yield information is not available, in the statutes as well as refund of any amount (1) All acreage in the county of the area falls below sixty-five percent (65%) received. In addition, sanctions as set eligible crop (for each planting in the of the expected area yield. Once this out at 7 CFR part 400, subpart R may be event of multiple planting) in which the area eligibility requirement has been imposed for false certification. Adequate producer has a share; satisfied: records may include: (2) The producer’s share at the time of (1) A reduced yield NAP payment (1) Commercial receipts, settlement planting or the beginning of the crop will be made to a producer if the total sheets, warehouse ledger sheets, or load year; quantity of the eligible crop that the summaries if the eligible crop was sold (3) The CFSA farm serial numbers; producer is able to harvest on the unit or otherwise disposed of through (4) The crop and practice; is less than fifty percent (50%) of the commercial channels; and (5) All persons sharing in the crop individual unit approved yield for the (2) Such documentary evidence as is (the identity of any person having a crop, factored for the share of the necessary in order to verify the substantial beneficial interest in the producer for the crop. Production from information provided by the producer if crop (refer to 7 CFR part 400, subpart Q) the entire unit will be used to determine the eligible crop has been sold, fed to and the person’s employer identification the individual loss. The quantity will livestock, or otherwise disposed of other number or social security number); not be reduced for any quality than through commercial channels such (6) The date the crop was planted; consideration unless a zero value is as contemporaneous measurements, (7) Acreage prevented from being established. truck scale tickets, contemporaneous planted; and (2) A prevented planting NAP diaries, etc. (8) Production from the previous crop payment will be made if the producer is (h) Any producer who has a contract year. (For example: The producer prevented from planting more than to receive a guaranteed payment for reported the crop acreage planted in thirty-five percent (35%) of the total production, as opposed to delivery, of 1995. The producer must then report the eligible acreage intended for planting to an eligible crop will have the 1995 production for that acreage by the the eligible crop. production adjusted upward by the 1996 acreage reporting date for the (A) Eligible crop acreage will not amount of the production corresponding crop.) exceed 100% of the simple average of to the amount of the contract payment (c) A person’s failure to submit the the number of acres planted to the crop received. required information by the designated by the producer in the loss area during (i)(1) Producers will not be eligible to acreage reporting dates shall result in the years used to determine the receive an assigned yield if the acreage the denial of NAP payments. If there is approved yield, unless FCIC has of the crop in a county for the crop year a change of ownership, operation, or previously agreed in writing to approve has increased by more than 100 percent share within the farming operation after acreage exceeding this limit. over any year in the preceding seven the acreage reporting date, the local (B) The percentage of the acreage that crop years, unless: office must be notified not later than is prevented from being planted will be (i) The producer provides adequate thirty calendar days after the change determined by dividing the producer’s records of production costs, acres and proof of the change must be prevented planted acreage within the planted, and yield for the crop year for provided in order to maintain eligibility loss area by the producer’s total acreage which benefits are being sought. for payments under this part. intended to be planted in the loss area. (ii) If FCIC determines that the records The acreage intended to be planted may provided under this paragraph are § 404.19 Loss requirements. be verified using records of historical inadequate, FCIC may require proof that (a) To qualify for payment under this acreage. the eligible crop could have been part, the loss or prevented planting of (C) For the purposes of determining marketed at a reasonable price had the the eligible crop must be due to drought, eligible acreage for prevented planting crop been harvested. flood, or other natural disaster as payment, all eligible acreage of the crop (2) The provisions of paragraph (i)(1) determined by the Secretary. within the loss area will be reduced by of this section will not apply if: (b) NAP assistance will not cover the number of acres of the crop planted (i) The crop has been inspected prior losses due to: within the loss area. In the event one or to the occurrence of a loss by a third (1) The neglect or malfeasance of the more crops are eligible for a prevented party acceptable to FCIC; or producer; planting payment in the same crop year, (ii) The CFSA County Executive (2) The failure of the producer to and there is acreage planted to another Director, with concurrence of the CFSA reseed or replant to the same crop in the crop in excess of such crop eligible State Director, makes a recommendation county where it is customary to reseed acreage, such excess acreage will be for an exemption from the requirements or replant; prorated to the crops eligible for and such recommendation is approved (3) The failure of the producer to prevented planting on the basis of such by FCIC. follow good farming practices for the crop’s eligible acreages. commodity and practice; (D) NAP payments for prevented § 404.17 Acreage report. (4) Water contained or released by any planting will not be available for: (a) Producers must file one or more governmental, public, or private dam or (i) tree crops and other perennials; acreage reports annually at the local reservoir project; (ii) land which planting history or office no later than the date specified by (5) Failure or breakdown of irrigation conservation plans indicate would the Corporation for each crop the equipment or facilities; or remain fallow for crop rotation producer will want made eligible for the (6) Except for tree crops and purposes; NAP program. The acreage report may perennials, inadequate irrigation (iii) land used for conservation be filed by the farm operator. Any resources at the beginning of the crop purposes or intended to be or producer will be bound by the acreage year. considered to have been left unplanted Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26675 under any program administered by election does not relieve the producer (1) FCIC will withhold all or part of USDA; or from the requirements of making a the payment that would otherwise be (iv) land planted with a replacement production and acreage report. due. crop. (b) Applicable programs include, but (2) All amounts paid by FCIC to any are not limited to, the Emergency such producer, applicable to the crop § 404.21 Application for payment and Livestock Feed Assistance Program and year in which the offense occurred, notice of loss. any other program determined by FCIC must be refunded to FCIC together with (a) Any person with a share in the to compensate the producer for the same interest and other amounts as eligible crop who would be entitled to crop loss. determined in accordance with this a NAP payment must make application part. and provide a notice of damage or loss § 404.25 Payment and income limitations. (3) FCIC may impose such other within 15 calendar days after the NAP payments made to eligible penalties as authorized by section occurrence of the prevented planting producers are subject to the following 506(n) of the Federal Crop Insurance (the end of the planting period) or provisions: Act, as amended or available under 7 damage to the crop. For the 1995 crop (a) For the purpose of making such CFR part 400, subpart R. year only, the notice must be filed payments, the term ‘‘producer’’ will be (c) Scheme and device may include, within the later of 45 days after this rule considered to mean the term ‘‘person’’ but is not limited to: is published in the Federal Register or as determined in accordance with 7 CFR (1) Concealing any information having 15 days after the occurrence of the part 1497, subpart B. a bearing on the application of the rules prevented planting or damage to the (b) No person shall receive payments of this part; crop. The notice must be filed at the under this part in excess of $100,000. (2) Submitting false information to the local office serving the area where the (c) A person who has qualifying gross FCIC or any county or state CFSA producer’s unit is located. The farm revenues in excess of $2 million for the committee; or operator may provide the notice for all previous calendar year shall not be (3) Creating fictitious entities for the producers with an interest in the crop. eligible to receive NAP payments under purpose of concealing the interest of a All producers on a farm will be bound this part. person in the farming operation. by the operator’s filing or failure to file (d) Simple interest on payments to the the application for payment unless the producer which are delayed will be § 404.29 Refunds to the corporation. individual producers elect to timely file computed on the net payments (a) In the event that there is a failure their notice. ultimately found to be due, from and to comply with any term, requirement, (b) Applications for NAP payments including the 61st day after the latter of or condition for payment made in must be filed on our form by the the date the producer signs, dates, and accordance with this part, or the applicant with the local office no later submits a properly completed payment was established as a result of than the application deadline. application for payment on the erroneous information provided by any (1) If the producer chooses not to designated form, the date disputed person, or was erroneously computed, harvest the crop, all eligible acres and applications are adjudicated, or the date all such payments or overpayments will crop units for which the producer the area trigger is established for NAP be refunded to FCIC on demand, intends to make an application for payments. Interest will be paid unless together with interest. payment must be left intact until the the reason for failure to timely pay is (b) Interest will accrue in accordance units have been appraised or released by due to the producer’s failure to provide with the provisions of 7 CFR 1403.9. a FCIC loss adjuster. information or other material necessary (c) Interest on any amount due the (2) If the producer harvests the crop, for the computation or payment. The FCIC found to have been received by the the producer must provide such interest rate will be that established by producer as a result of fraud, documentary evidence of crop the Secretary of the Treasury under misrepresentation, scheme or device, or production as FCIC may require which section 12 of the Contract Disputes Act presenting a false application for may include leaving representative of 1978 (41 U.S.C. 611), and published payment will start on the date the samples of the crop for inspection. in the Federal Register semiannually on producer received the payment. (c) Failure to make timely application or about January 1 and July 1 of each (d) Recovery of delinquent debts and or to supply the required documentary year and may vary with each set off will be in accordance with 7 CFR evidence shall result in the denial of publication. part 1403. NAP payments. (e) If FCIC determines it is necessary (d) Benefits under this part may be § 404.27 Misrepresentation, scheme and to contract with a collection agency or assigned by the eligible producer only device, and fraud. to employ an attorney to assist in on our form and such assignment is (a) If FCIC determines that any collection, the producer will pay all the effective only when approved by FCIC. producer has erroneously represented expenses of collection. Failure of FCIC to make payment in any fact or has adopted, participated in, (f) All amounts paid will be applied accordance with such assignment will or benefited from, any scheme or device first to the payment of expense of not give rise to any liability on the part that has the effect of defeating, or is collection, second to the reduction of of FCIC to the assignee. designed to defeat the purpose of this any penalties which may have been part, such producer will not be eligible assessed, then to the reduction of § 404.23 Multiple benefits. to receive any payments applicable to accrued interest, then to the reduction (a) If a producer is eligible to receive the crop year for which the scheme or of the principal balance. NAP payments under this part and device was adopted. benefits under any other program (b) If any misrepresentation, scheme § 404.31 Cumulative liability. administered by the Secretary for the or device, or practice has been (a) The liability of any producer for same crop loss, the producer must employed for the purpose of causing any payment or refunds, which is choose whether to receive the other FCIC to make a payment which FCIC determined in accordance with this part program benefits or NAP payments. The otherwise would not make under this to be due to FCIC, will be in addition producer is not eligible for both. Such part: to any other liability of such producer 26676 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations under any civil or criminal fraud statute (‘‘OMB’’) under the Paperwork Branch, Immigration and Naturalization or any other statute or provision of law Reduction Act of 1980 (44 U.S.C. 3501 Service, 425 I Street, NW., Room 5307, including, but not limited to, 18 U.S.C. et seq.). Previous information collection Washington, DC 20536. To ensure 286, 287, 371, 641, 1001; 1014, and 31 requirements have been approved under proper handling, please reference INS U.S.C. 3729. OMB control numbers 0560–0004, number 1688–95 on your (b) All producers receiving payments 0563–0007, 0563–0016, and 0563–0036. correspondence. Comments are under this part will be jointly and The new information collection available for public inspection at this severally liable to repay any unearned requirements have been submitted to location by calling (202) 514–3048 to NAP payments. OMB for approval under OMB control arrange an appointment. number 0563–0016 and are not effective § 404.33 Appeals. FOR FURTHER INFORMATION CONTACT: until approved by OMB. Sophia Cox, Senior Adjudications The appeal, reconsideration, or Officer, Adjudications Division, review of all determinations made Done in Washington, DC, on May 15, 1995. Kenneth D. Ackerman, Immigration and Naturalization Service, under this part, except the designation 425 I Street NW., Room 3214, of an area for which there is no appeal Manager, Federal Crop Insurance Corporation. Washington, DC 20536, telephone (202) rights because it is determined a rule of 514–5014. general applicability, must be in [FR Doc. 95–12292 Filed 5–15–95; 4:29 pm] accordance with part 780 of this title or BILLING CODE 3410±08±P SUPPLEMENTARY INFORMATION: the regulations promulgated by the Background National Appeals Division, whichever is applicable. DEPARTMENT OF JUSTICE Under section 212(e) of the Act, certain J–1 exchange visitors (and their § 404.35 Exemption from levy. Immigration and Naturalization Service J–2 dependent spouse and children) are Any payment that is due any person subject to a 2-year home country under this part will be made without 8 CFR Parts 212, 245, and 248 residence and physical presence regard to questions of title under state requirement (the ‘‘2-year requirement’’). [INS No. 1688±95] law and without regard to any Exchange visitors (and dependents) who attachment, levy, garnishment, or any RIN 1115±AD89 are subject to this requirement must other legal process against the crop, and reside and be physically present in their the proceeds thereof, which may be Waiver of the Two-Year Home Country country of nationality or last residence asserted by any creditor, except Physical Presence Requirement for abroad (‘‘home’’ country) for an statutory liens of the United States. Certain Foreign Medical Graduates aggregate of at least 2 years following departure from the United States. J–1/J– AGENCY: § 404.37 Estates, trusts, and minors. Immigration and Naturalization 2 exchange visitors who are subject to (a) Program documents executed by Service, Justice. the 2-year requirement are not allowed persons legally authorized to represent ACTION: Interim rule with request for to change their nonimmigrant status to, estates or trusts will be accepted only if comments. or be admitted to the United States such person furnishes evidence of the under the H (temporary worker or SUMMARY: This rule amends the authority to execute such documents. trainee) or L (intracompany transferee) Immigration and Naturalization Service (b) A minor who is otherwise eligible nonimmigrant categories, or acquire (Service) regulations by allowing certain will be eligible for NAP payments under lawful permanent resident status, unless foreign medical graduates who entered this part only if such person meets one they have complied with this the United States in J–1 status, or who of the following requirements: requirement or have been granted a acquired J–1 status after arrival in the (1) The minor establishes that the waiver thereof. United States, to obtain a waiver of the right of majority has been conferred on The following categories of exchange 2-year home country residence and the minor by court proceedings or by visitors (and their accompanying spouse physical presence requirement under statute; and children in dependent J–2 status) section 212(e)(iii) of the Immigration (2) A guardian has been appointed to are subject to the 2-year requirement: (a) and Nationality Act (Act) pursuant to a manage the minor’s property and the Those whose J–1 program was financed request by a State Department of Public applicable program documents are in whole or in part by an agency of the Health, or its equivalent. The waiver is executed by the guardian; or U.S. Government, or by the government intended to permit these foreign (3) A bond is furnished under which of their ‘‘home’’ country; (b) those medical graduates to work at a health the surety guarantees any loss incurred whose field of specialized knowledge or care facility in an area designated by the for which the minor would be liable had skill, as indicated on Form IAP–66 Secretary, Health and Human Services the minor been an adult. (Certificate of Eligibility), is required in (HHS), as having a shortage of health their home country; and (c) those who § 404.39 Death, incompetence, or care professionals (‘‘HHS-designated disappearance. entered the United States in J–1 status shortage area’’). This interim rule also (or who acquired J–1 status subsequent In the case of death, incompetence or contains provisions which will permit to arrival in the United States) to receive disappearance, of any person who is these foreign medical graduates to graduate medical education or training. eligible to receive NAP payments in change their nonimmigrant status in the accordance with this part, such Under section 212(e) of the Act, a United States from J–1 exchange visitor waiver of the 2-year requirement may be payments will be disbursed in to H–1B specialty occupation worker. accordance with part 707 of this title. granted by the Service upon the DATES: This interim rule is effective May favorable recommendation of the § 404.41 OMB control numbers. 18, 1995. Written comments must be Director of the United States The provisions set forth in this received on or before July 17, 1995. Information Agency (USIA). Waivers interim rule contain information ADDRESSES: Please submit written can be obtained on the basis of: (a) collection that require clearance by the comments, in triplicate, to the Director, Exceptional hardship to the applicant’s Office of Management and Budget Policy Directives and Instructions U.S. citizen or permanent resident Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26677 spouse or children; (b) persecution on waivers are valid only for those are ineligible to apply for change of account of race, religion, or political exchange programs indicated in the status under section 248 of the Act, even opinion; (c) a ‘‘no objection’’ statement waiver request. Any subsequent J if a waiver of the 2-year requirement has issued by the applicant’s ‘‘home’’ program extension or program transfer been granted. This interim regulation country; or (d) a request made to USIA may re-subject the exchange visitor (and revises 8 CFR 248.2(c) to conform with by an interested U.S. Government his or her dependents) to the 2-year section 220 of the 1994 Technical agency to recommend a waiver to the requirement. Corrections Act. Accordingly, this Service, because the applicant’s work is Under current procedures, an interim regulation provides that foreign deemed to serve the public interest. By application form is not required when medical graduates who received a statute, in the case of foreign medical the waiver application is based on an waiver of the 2-year requirement graduates who entered the United States interested U.S. Government agency pursuant to a request by a State to receive graduate medical education or request or a no objection statement. Department of Public Health, or its training (and accompanying J–2 Similarly, a form will not be required to equivalent, may apply for change of dependents), a ‘‘no objection’’ statement apply for a waiver based on a request by status from J–1 to H–1B, if they other does not constitute a basis for USIA to a State Department of Public Health. wise satisfy the change of status criteria recommend a waiver to the Service. The Service is in the process of found under section 248 of the Act. Therefore, even if a ‘‘no objection’’ developing an omnibus form to be used Public Law 103–416 statement on behalf of such a foreign for all waiver applications, including medical graduate has been issued, the waivers of the 2-year requirement. It Section 220 of the 1994 Technical Service is statutorily required to deny should be noted that the burden rests on Corrections Act, enacted on October 25, the waiver application, if such a the applicant to establish eligibility for 1994, permits the Service to grant a statement forms the only basis for the a waiver of the 2-year requirement. In waiver of the 2-year requirement to a waiver request. certain cases, therefore, the Service may limited number of foreign medical A substantial number of foreign require other documentation from the graduates who have received a bona fide medical graduates pursue waivers of the applicant besides the favorable USIA offer of full-time employment and who 2-year requirement through requests by recommendation to fully assess his or agree to practice medicine at a health an interested U.S. Government agency. her waiver eligibility. care facility located in an HHS- Prior to the enactment of section 220 of After the Service approves an designated shortage area. Any foreign the Immigration and Nationality application for a waiver of the 2-year medical graduate who is subject to the Technical Corrections Act of 1994 (1994 requirement, the J–1 exchange visitor 2-year requirement, and who meets the Technical Corrections Act), Pub. L. 103– may seek H nonimmigrant status in eligibility criteria, may apply for a 416, 108 Stat. 4310, 4319–4320, dated order to engage in temporary waiver under Pub. L. 103–416, October 25, 1994, only Federal employment for the organization or regardless of whether he or she is Government agencies were considered entity named in the waiver application. physically present in the United States. to be an ‘‘interested United States Foreign medical graduates who wish to To be eligible for the waiver, the Government agency’’ eligible to submit work temporarily in the Unites States foreign medical graduate must enter into a waiver request to USIA on behalf of once a waiver of the 2-year requirement an employment contract to practice a J–1 exchange visitor. Because State has been granted may seek H–1B medicine full-time for at least 3 years at governments were not permitted to act classification as a specialty occupation a health care facility located in the HHS- as interested government agencies, they worker. An alien may obtain H–1B designated shortage area, and must were required to solicit the assistance of status either through the simultaneous agree to commence such employment an appropriate Federal agency. Section filing of an H–1B petition by the within 90 days of receipt of the waiver. 212(e)(iii) of the Act, as amended by prospective employer and a change of The Service may grant the waiver only section 220(b) of the 1994 Technical status application by the alien, if the if the Department of Public Health, or its Corrections Act, now permits State alien is in the United States, or through equivalent, of the State where the Departments of Public Health, or their the filing of an H–1B petition alone and foreign medical graduate will be equivalent, to submit waiver requests the alien subsequently obtaining the employed, submits a formal request to for foreign medical graduates directly to visa at a consular post abroad. Change USIA for a waiver recommendation, and USIA, provided that certain conditions of status applications are governed by USIA submits a favorable waiver have been met, as explained below. section 248 of the Act. To request a recommendation to the Service. As noted, under section 212(e) of the change of nonimmigrant status from J– Although the State Department of Public Act, the Service may not approve the 1 to H–1B, a change of status Health, or its equivalent, must request applicant’s waiver request unless the application must be filed the waiver on behalf of the foreign Director of the USIA has issued a simultaneously with the H–1B medical graduate, the health care favorable waiver recommendation. If nonimmigrant visa petition, if the facility at which the foreign medical USIA issues a favorable waiver applicant is eligible. Once the H–1B graduate will work need not actually be recommendation, it notifies the Service petition and change of status owned or operated by the State. thereof. Section 212(e) of the Act application are approved, the alien will The Service notes that section 220 of permits, but does not require, the be permitted to remain in the United Pub. L. 103–416 does not expressly Attorney General to grant the waiver States and commence temporary waive the 2-year requirement for the pursuant to a favorable USIA employment with the employer or accompanying spouse or children of the recommendation. On the other hand, if organization named in the approved H– foreign medical graduate. Longstanding USIA issues an unfavorable waiver 1B petition. Service policy, however, permits J–1 recommendation, the Service must deny As 8 CFR 248.2(c) currently reads, exchange visitors to include their J–2 the waiver application. The Service’s foreign medical graduates (and their dependent spouse and children in the decision to deny the application may dependents) who entered the United waiver application. Consequently, a not be appealed, if the denial is based States on J–1 visas (or who acquired J– foreign medical graduate seeking a on lack of a favorable USIA waiver 1 status after admission) to pursue waiver of the 2-year requirement under recommendation. Section 212(e) graduate medical education or training section 220 of Pub. L. 103–416 shall be 26678 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations permitted to include his or her medical graduate seeking the waiver is fiscal year. Consequently, if the Director accompanying J–2 spouse and children responsible for ensuring that the ‘‘no of USIA issues a favorable waiver in the waiver application. objection’’ statement is provided recommendation under Pub. L. 103– directly to USIA. This additional 416, but the State requesting the waiver Foreign Medical Graduate requirement applies only when the already has exhausted its annual waiver In the context of this interim rule, a foreign medical graduate seeks a waiver allotment, the Service is statutorily foreign medical graduate refers of the 2-year requirement pursuant to a required to deny the waiver application. specifically to a foreign national who request by a State Department of Public Accordingly, this rule provides that no has graduated from a medical school Health (or its equivalent). USIA appeal shall lie where the basis for outside of the United States, and who addresses the question of what denial is that the State has already been acquired J–1 status to pursue graduate constitutes a contractual obligation in granted 20 waivers for that fiscal year. medical education or training in the the preamble to its interim rule Completion of the required 3-year United States. Foreign medical amending 22 CFR 514.44(e)(2), which employment contract as an H–1B graduates seeking J–1 classification to was published in the Federal Register nonimmigrant and change of pursue graduate medical education or on April 3, 1995, at 60 FR 16785–16788. nonimmigrant status from J–1 to H–1B. training in the United States are subject Employment contracts. Section The restrictions imposed by Congress to strict requirements set forth in section 214(k)(1)(B) of the Act provides that the under section 214(k)(1) and (2) of the 212(j)(1) of the Act, and are subject to Service may grant a waiver of the 2-year Act were intended to ensure that the 2-year requirement. requirement based on a request by a waivers of the 2-year requirement under State Department of Public Health, or State Department of Public Health only Pub. L. 103–416 are granted only under its Equivalent if the foreign medical graduate strictly limited and controlled demonstrates a bona fide offer of full- circumstances. These restrictions were Section 220 of Pub. L. 103–416 time employment at a health facility and also intended to ensure that foreign amends section 212(e)(iii) of the Act by agrees to begin such employment within medical graduates who receive such a permitting State Departments of Public 90 days of receipt of the waiver. Section waiver actually provide health care Health (or their equivalent), in addition 214(k)(1)(B) of the Act also provides that services to those living HHS-designated to U.S. Federal Government agencies, to the foreign medical graduate must agree shortage ares. submit requests for waiver to continue working at the health care Under section 248(2) of the Act, a recommendations directly to USIA on facility named in the employment foreign medical graduate who came to behalf of foreign medical graduates. contract for at least 3 years. Such the United States in J classification or Section 101(a)(36) of the Act defines the employment must be in accordance acquired J classification in order to term ‘‘State’’ to include the District of with the provisions of section 214(k)(2) receive graduate medical education or Columbia, Puerto Rico, Guam, and the of the Act. The USIA’s implementing training would normally be prohibited U.S. Virgin Islands, in addition to the 50 regulations at 22 CFR 514.44(e)(3)(B) from filing an application for change of states. The same definition will apply to therefore provide that the State status. Section 214(k)(2)(A) of the Act, the term ‘‘State’’ in this rule. Further, it Department of Public Health is required as added by section 220 of Pub. L. 103– is the opinion of the Service that the to submit the actual contract between 416, however, provides that statutory term ‘‘State Department of the alien and the health care facility at ‘‘notwithstanding section 248(2), the Public Health, or its equivalent’’ means the time the request for the favorable Attorney General may change the status the State agency or department that is recommendation is made. of an alien that qualifies under this responsible for public health issues, HHS-designated shortage areas. subsection and section 212(e) to that of regardless of what the actual name of Section 214(k)(1)(C) of the Act provides an alien described in section that agency or department is under State that the foreign medical graduate must 101(a)(15)(i)(b).’’ Section 214(k)(2) of the law. agree to practice medicine in Act, as added by section 220 of Pub. L. accordance with section 214(k)(2) of the 103–416 also states that no foreign Restrictions Imposed on the Waiver Act for at least 3 years ‘‘only in the medical graduate who has been granted and the Change of Status Application geographic area or areas which are a waiver and a change of nonimmigrant Section 214(k) of the Act, as added by designated by the Secretary of Health status from J–1 to H–1B, and who has section 220 of Pub. L. 103–416, imposes and Human Services as having a failed to complete the 3-year restrictions on waivers of the 2-year shortage of health care professionals.’’ employment contract with the requirement for foreign medical Since the Service is bound by HHS’ sponsoring health care facility, shall be graduates, when the application is based determination of what constitutes a eligible to apply for an immigrant visa, on a request by a State Department of ‘‘geographic area or areas * * * having for permanent residence, or for change Public Health, or its equivalent. By a shortage of health care professionals,’’ of status to any other nonimmigrant imposing conditions under section the request of a State Department of category, until it has been established 214(k) of the Act, Congress manifested Public Health (or its equivalent), that he or she has resided and been its intent that waivers of the 2-year standing alone, cannot be deemed physically present in his or her home requirement be granted only under sufficient to meet his statutory country for an aggregate of 2 years strictly limited and controlled requirement. The waiver application following departure from the United circumstances. must be accompanied by evidence States. Thus, section 212(k)(2) of the Act No objection statements. Section establishing that the geographic area or allows the foreign medical graduate to 214(k)(1)(A) of the Act provides that ‘‘in areas in which the foreign medical apply for change of nonimmigrant status the case of an alien who is otherwise graduate will practice medicine are in from J–1, only to H–1B upon approval contractually obligated to return to a HHS-designated shortage areas. of the waiver, and also stipulates that a foreign country, the government of such Numerical limitations on waivers foreign medical graduate who fails to country (must) furnish ( ) the Director under Pub. L. 103–416. Section fulfill the required 3-year employment of the United States Information Agency 214(k)(1)(D) of the Act limits to 20-per- contract again becomes subject to the 2- with a statement in writing that it has state the number of waivers the Service year requirement. Taken together, these no objection to the waiver.’’ The foreign may grant under Pub. L. 103–416 each two provisions indicate that Congress Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26679 did not intend to permit the foreign filing and processing of the H–1B been placed on the alien’s medical graduate to proceed from J–1 petition and change of status nonimmigrant status, thereby enabling status directly to lawful permanent application. Foreign medical graduates the officer to take whatever steps are resident status upon approval of the who received a waiver under section necessary to ensure that the alien’s file waiver. 220 of Pub. L. 103–416 and whose J is noted accordingly. When the foreign Based on the above, the Service is of nonimmigrant stay has expired, or who medical graduate’s Form I–797 is later the opinion that, in enacting section have engaged in unauthorized presented in support of an application 214(k) of the Act, Congress manifested employment, are ineligible to apply for for another benefit, such as an amended its clear intent to require all foreign change of status under section 248 of H–1B petition, a new H–1B petition for medical graduates, including those the Act. Such persons would not be a different employer, or an adjustment seeking to adjust their status or precluded, however, from procuring an of status application, the adjudicating immigrate to this country, as well as H–1B visa at a U.S. consular post abroad officer will again be alerted to the those immediately changing status from and seeking readmission to the United special conditions that have been placed J–1 to H–1B, to fulfill the 3-year States in H–1B status to commence on the alien’s nonimmigrant status. As employment contract or become subject employment with the sponsoring health a result, the Service will be able to to the 2-year requirement. To enable the care facility. verify whether the terms and conditions Service to maintain control over the Numerical limitations imposed on the imposed under section 214(k) of the Act foreign medical graduate’s stay in the issuance of H–1B visas. Although have been satisfied. These control United States in the manner intended by section 214(k)(2)(A) of the Act eases the measures are reflected in this interim Congress, this interim rule provides that change of status restrictions under rule at 8 CFR 212.7(c)(9)(ii). the foreign medical graduate must section 248(2) of the Act, it does not actually fulfill the contract with the ease the annual numerical limitations Inability To Fulfill the Three-Year health care facility named in the waiver imposed on the H–1B specialty worker Employment Contract Due to application prior to obtaining category under section 214(g)(1)(A) of Extenuating Circumstances permanent residence, or any the Act. Consequently, the Service New section 214(k)(1)(B) of the Act nonimmigrant status other than H–1B. would not be prohibited from granting grants the Attorney General discretion Accordingly, this interim regulation a waiver of the 2-year requirement to excuse early termination of provides that a foreign medical graduate under Pub. L. 103–416, but would be employment upon determining that who received a waiver of the 2-year statutorily prohibited from according H– extenuating circumstances so justify. requirement under Pub. L. 103–416 may 1B status to the foreign medical The statute provides that extenuating not apply for a change of status to graduate, if the annual numerical circumstances may include the closure another nonimmigrant category, for an limitations imposed on the issuance of of the health care facility or hardship to immigrant visa, or for status as a lawful H–1B visas under section 214(g)(1)(A) of the alien. permanent resident prior to completing the Act have been reached. In determining whether to excuse the the required 3-year employment Control measures to be implemented foreign medical graduate’s early contract as an H–1B nonimmigrant with by the Service. As noted, waivers of the termination of employment with the the health care facility named in the 2-year requirement pursuant to Pub. L. health care facility named in the waiver waiver application. 103–416 are based on the premise that application, the Service will carefully Eligibility to apply for change of the foreign medical graduate’s work at a consider whether, based on all the facts status from J–1 to H–1B. While section health care facility will assist States in before it, excusing such early 214(k)(2)(A) of the Act allows foreign coping with health care shortages. To termination would be consistent with medical graduates who received a ensure compliance with section 214(k) the purpose of the statute—provision of waiver under Pub. L. 103–416 to apply of the Act, and to ensure that the public health care services for at least a 3-year for change of status from J–1 to H–1B receives the intended benefit, the period of time in an HHS-designated (and their dependents from J–2 to H–4), Service will implement the following shortage area. Closure of the facility, for it does not excuse the late filing of the measures. example, could, under certain application. Foreign medical graduates The Form I–797 (Notice of Action) circumstances, warrant excusing failure who have been granted a waiver of the (including I–797A and I–797B) to fulfill the 3-year employment 2-year requirement under Pub. L. 103– currently used to notify the alien of the contract, provided that the foreign 416, must be in valid J status when the approved waiver and/or change of status medical graduate can establish that he change of status application is filed. from J–1 to H–1B, if applicable, will or she has procured employment for the Service regulations at 8 CFR explicitly state the terms and conditions balance of the 3-year period with 214.2(j)(1)(ii) provide that J–1 exchange of the waiver and change of status. To another health care facility in an HHS- visitors may be admitted to the United facilitate issuance of the H–1B visa designated shortage area. Similarly, an States for the duration of the exchange abroad, or admission as an H–1B alien who claims that his or her program, as noted on Form IAP–66, and nonimmigrant at the port-of-entry in inability to fulfill the 3-year an additional 30 days for travel. While cases where the foreign medical employment contract is due to hardship J–1 exchange visitors are not authorized graduate is ineligible or chooses not to shall also be required to submit to work during this 30-day grace period apply for change of status, the H–1B evidence of new employment for (see § 274a.12(b)(11)), they are approval notice shall indicate that he or another health care facility in an HHS- considered to be ‘‘in status’’ for she has obtained the necessary waiver designated shortage area. A foreign purposes of applying for change of under Pub. L. 103–416. Such medical graduate who seeks to establish status under section 248 of the Act. notification serves two purposes. It extenuating circumstances on the basis To prevent the foreign medical ensures that the foreign medical of hardship also must submit evidence graduate from falling out of lawful graduate is made fully aware of the that the hardship was caused by nonimmigrant status, the Service terms and conditions of his or her unforeseen circumstances beyond his or encourages the State Department of waiver and change of status. It also her control. In short, before the Service Public Health to allow ample time for alerts the Service officer or State Health will consider excusing the foreign processing the waiver and subsequent Department that special conditions have medical graduate’s early termination of 26680 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations the 3-year employment contract with area of intended employment specified to relieve health care shortages in HHS- the health care facility named in the in the new H–1B petition is in fact designated shortage areas, the Service waiver application due to extenuating located in an HHS-designated shortage interprets this provision to mean that circumstances, the alien must submit an area. Further, in exercising its statutory any foreign medical graduate who employment contract for the balance of discretion to excuse an alien’s failure to entered the United States in J this period with another health care complete the requisite 3-year nonimmigrant status, or who acquired J facility in an HHS-designated shortage employment contract, the Service, if it status upon arrival to pursue graduate area. See section 214(k)(3) of the Act deems appropriate, may consult with medical education or training, before (the foreign medical graduate may only USIA, the State Department of Public June 1, 1996, is eligible to apply for a work in HHS-designated shortage areas Health which initiated the waiver waiver of the 2-year requirement during the required 3-year period of request, and the health care facility pursuant to section 220 of Pub. L. 103– employment following approval of the named in the original waiver 416, and for subsequent change of waiver). application. nonimmigrant status to H–1B. Further, If, in the exercise of its discretion, the if the foreign medical graduate acquired Changes in Employment During the Service determines that extenuating J status before June 1, 1996, in order to Required Three-Year Period Following circumstances or hardship exist, that pursue graduate medical education or Approval of the Waiver employment will continue at a health training, he or she will be eligible to Any material change in the alien’s H– care facility in an HHS-designated request a section 220 waiver, even if the 1B employment must be reported to the shortage area, and that both the new training is completed after June 1, 1996. Service by filing either an amended H– petitioner and the beneficiary have Foreign medical graduates who 1B petition indicating any changes in otherwise satisfied the H–1B eligibility acquire J nonimmigrant status to pursue the terms and conditions of the alien’s criteria enumerated under 8 CFR graduate medical education or training current H–1B employment, or by filing 214.2(h), the new petition may be on or after June 1, 1996, however, will a new petition if the alien seeks to approved, and the foreign medical not be eligible to apply for benefits change H–1B employers, in the manner graduate may be permitted to serve the under Pub. L. 103–416, even if they generally required under current balance of the 3-year employment wish to practice medicine in an HHS- regulations at 8 CFR 214.2(h)(2)(i) (D) period at the health care facility named designated shortage area. Those foreign and (E), and 8 CFR 214.2(h)(11). in the new H–1B petition. medical graduates may, however, An amended H–1B petition for a pursue a non-section 220 waiver under Effect of Failure To Abide by the Terms foreign medical graduate who has been section 212(e) of the Act. granted a waiver of the 2-year and Conditions of the Waiver Granted requirement under Pub. L. 103–416 Under Pub. L. 103–416 Good Cause Exception shall be accompanied by evidence that Section 241(a)(1)(C)(i) of the Act This interim rule is effective on he or she will continue practicing provides for the deportation of any alien publication in the Federal Register medicine in an HHS-designated admitted as a nonimmigrant who fails although the Service invites post- shortage area for the health care facility to: (a) Maintain the nonimmigrant status promulgation comments and will named in the waiver application and in under which he or she was admitted; (b) address any such comments in a final the original H–1B petition. fails to maintain the nonimmigrant rule. For the following reasons, the A foreign medical graduate who has status to which he or she was changed Service finds that good cause exists for been granted a waiver of the 2-year under section 248 of the Act; or (c) fails adopting this rule without the prior requirement under Pub. L. 103–416, to comply with the conditions of any notice and comment period ordinarily who has not fulfilled the 3-year such nonimmigrant status. J–1 foreign required by 5 U.S.C. 553. The provisions employment contract with the health medical graduates who do not fulfill the of Pub. L. 103–416, which provide a care facility named in the waiver 3-year employment contract for the great public benefit, are already in application, and who seeks to change health care facility named in the waiver effect. Adopting this rule without prior H–1B employers due to extenuating application (unless the Attorney General notice and comment allows foreign circumstances or hardship is has determined there are extenuating medical graduates whose J status is responsible for ensuring that the new circumstances or hardship to the alien), about to expire to apply for the waiver health care facility files an H–1B who do not work in HHS-designated as soon as possible, thereby avoiding petition. In such cases, the new petition shortage areas, or who change potential interruption of their lawful shall be accompanied by a copy of Form employment without permission from status during the normal notice and I–797 (or I–797A or I–797B, as the Service, will be deemed not to be comment period. The rule also enables appropriate) relating to the original H– maintaining their nonimmigrant status State Departments of Public Health to 1B petition and an explanation from the or complying with the terms and seek immediately the assistance of alien, with supporting evidence, conditions imposed upon the waiver certain foreign medical graduates to ease establishing that extenuating and change of status application, and local medical care shortages. Adopting circumstances or hardship necessitate a will therefore be deportable under this rule as an interim rule therefore change in employment. The new H–1B section 241(a)(1)(C)(i) of the Act. benefits both foreign medical graduates petition shall also be accompanied by and those who live in HHS-designated Application Period an employment contract showing that shortage areas. the alien will practice medicine at the Section 220(c) of Pub. L. 103–416 health care facility for the balance of the states that the statutory amendments to Regulatory Flexibility Act required 3-year period, and evidence section 212(e) of the Act shall apply to The Commissioner of the Immigration that the geographic area or areas of aliens admitted to the United states and Naturalization Service, in intended employment designated in the under section 101(a)(15)(J) of the Act, or accordance with the Regulatory new H–1B petition are in an HHS- who acquire J status after admission to Flexibility Act (5 U.S.C. 605 (b)), has designated shortage area. the Unites States before, on, or after the reviewed this regulation and, by The Service may consult with the date of enactment, and before June 1, approving it, certifies that this interim Secretary of HHS to verify whether the 1996. Consistent with Congress’ intent rule will not have a significant Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26681 economic impact on a substantial granted approval of, adjustment of waiver of the 2-year home country number of small entities because of the status to that of a lawful permanent residence and physical presence following factors. This interim rule will resident. This rule also enhances family requirement (the ‘‘2-year requirement’’) have limited or no effect on small well-being by allowing families in HHS– under section 212(e)(iii) of the Act entities, because only 20 waivers are designated shortage areas to get much based on a request by a State authorized per State annually to foreign needed medical treatment and care. Department of Pubic Health, or its medical graduates under Pub. L. 103– equivalent. To initiate the application Paperwork Reduction Act 416. for a waiver under Pub. L. 103–416, the The information collection Executive Order 12866 Department of Public Health, or its requirements contained in this interim equivalent, or the State in which the This interim rule is not considered by rule have been cleared by the Office of foreign medical graduate seeks to the Department of Justice, Immigration Management and Budget Under the practice medicine, must request the and Naturalization Service, to be a provisions of the Paperwork Reduction Director of USIA to recommend a ‘‘significant regulatory action’’ under Act. Clearance numbers for these waiver to the Service. The waiver may Executive Order 12866, section 3(f), collections are contained in 8 CFR be granted only if the Director of USIA regulatory Planning Review, and the 299.5, Display of Control Numbers. provides the Service with a favorable Office of Management and Budget has List of Subjects waiver recommendation. Only the waived its review process under section Service, however, may grant or deny the 6(a)(3)(A). 8 CFR Part 212 waiver application. If granted, such a Exetutive Order 12612 Administrative practices and waiver shall be subject to the terms and conditions imposed under section This interim rule will not have procedure, Aliens, Immigration, 214(k) of the Act. Although the alien is substantial direct effect on the States, on passports and visa, Reporting and not required to submit a separate waiver the relationship between the National recordkeeping requirements. application to the Service, the burden Government and the States, or on the 8 CFR Part 245 rests on the alien to establish eligibility distribution of power and Aliens, Immigration, Reporting and for the waiver. If the Service approves responsibilities among the various recordkeeping requirements. a waiver request made under Pub. L. levels of government. Section 220 of 103–416, the foreign medical graduate Pub. L. 103–416 merely enables the 8 CFR Part 248 (and accompanying dependents) may States, in addition to Federal Aliens, Reporting and Recordkeeping apply for change of nonimmigrant Government agencies, to submit waiver requirements. status, from J–1 to H–1B and, in the case requests for foreign medical graduates Accordingly, chapter I of title 8 of the of dependents of such a foreign medical directly to USIA, while preserving the Code of Federal Regulations is amended graduate, from J–2 to H–4. Aliens authority of the Federal Government to as follows: receiving waivers under section 220 of grant or deny such waiver requests. The Pub. L. 103–416 are subject, in all cases, ability of Federal Government agencies PART 212ÐDOCUMENTARY to the provisions of section 214(g)(1)(A) to continue submitting waiver requests REQUIREMENTS: NONIMMIGRANTS; of the Act. to USIA is not changed or curtailed in WAIVERS; ADMISSION OF CERTAIN any way by this rule. Therefore, in INADMISSIBLE ALIENS; PAROLE (i) Eligiblity criteria. J–1 foreign accordance with Executive Order 12612, medical graduates (with accompanying it has been determined that this interim 1. The authority citation for part 212 J–2 dependents) are eligible to apply for rule does not have sufficient federalism continues to read as follows: a waiver of the 2-year requirement implications to warrant the preparation Authority: 8 U.S.C. 1101, 1102, 1103, 1182, under Pub. L. 103–416 based on a of a Federalism Assessment. 1184, 1187, 1225, 1226, 1227, 1228, 1252; 8 request by a State Department of Public CFR part 2. Health (or its equivalent) if: Executive Order 12606 2. In § 212.7, paragraphs (c)(9) and (A) They were admitted to the United The Commissioner of the Immigration (c)(10) are redesignated as paragraphs States under section 101(a)(15)(J) of the and Naturalization Service certifies that (c)(10) and (c)(11), respectively, and a Act, or acquired J nonimmigrant status this interim rule has been assessed in new paragraph (c)(9) and (c)(11), before June 1, 1996, to pursue graduate light of the criteria in Executive Order respectively, and a new paragraph (c)(9) medical education or training in the 12606, and has determined that the is added to read as follows: United States. regulation would enhance family well- being by allowing certain dependent § 212.7 Waiver of certain grounds of (B) They have entered into a bona J–2 family members to obtain derivative excludability. fide, full-time employment contract for H–4 status in the United States based on * * * * * 3 years to practice medicine at a health the waiver granted to the principal (c) * * * care facility located in an area or areas physician and the principal’s change of (9) Waivers under Pub. L. 103–416 designated by the Secretary of Health status from J–1 to H–1B, without the based on a request by a State and Human Services as having a need to travel abroad to procure the Department of Public Health (or shortage of health care professionals nonimmigrant visa and seek re- equivalent). In accordance with section (‘‘HHS-designated shortage area’’); admission to the United States. 220 of Pub. L. 103–416, an alien (C) They agree to commence Permitting such changes of non- admitted to the United States as a employment within 90 days of receipt of immigrant status allows the principal nonimmigrant under section the waiver under this section and agree physician’s dependent spouse and 101(a)(15)(J) of the Act, or who acquired to practice medicine for 3 years at the children to: (a) Accompany him or her status under section 101(a)(15)(J) of the facility named in the waiver application while employed temporarily as an H–1B Act after admission to the United States, and only in HHS-designated shortage nonimmigrant; and (b) remain in this to participate in an exchange program of areas. The health care facility named in country on a permanent basis should he graduate medical education or training the waiver application may be operated or she subsequently apply for, and be (as of January 9, 1977), may apply for a by: 26682 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations (1) An agency of the Government of (iv) Failure to fulfill the three-year requirement pursuant to Pub. L. 103– the United States or of the State in employment contract due to extenuating 416, is required to comply with the which it is located; or circumstances. A foreign medical terms and conditions specified in (2) A charitable, educational, or other graduate who fails to meet the terms and section 214(k) of the Act and the not-for-profit organization; or conditions imposed on the waiver under implementing regulations in this (3) Private medical practitioners. section 214(k) of the Act and this section. If the foreign medical graduate (D) The Department of Public Health, paragraph will once again become subsequently applies for and receives or its equivalent, in the State where the subject to the 2-year requirement under H–1B status, he or she must also comply health care facility is located has section 212(e) of the Act. with the terms and conditions of that requested the Director, USIA, to Under section 214(k)(1)(B) of the Act, nonimmigrant status. Such compliance recommend the waiver, and the however, the Service, in the exercise of shall also include notifying the Service Director, USIA, submits a favorable discretion, may excuse early of any material change in the terms and waiver recommendation to the Service; termination of the foreign medical conditions of the H–1B employment, by and graduate’s 3-year period of employment filing either an amended or a new H–1B (E) Approval of the waiver will not with the health care facility named in petition, as required, under cause the number of waivers granted the waiver application due to §§ 214.2(h)(2)(i)(D), 214.2(h)(2)(i)(E), pursuant to Pub. L. 103–416 and this extenuating circumstances. Extenuating and 214.2(h)(11) of this chapter. section to foreign medical graduates circumstances may include, but are not (A) Amended H–1B petitions. The who will practice medicine in the same limited to, closure of the health care health care facility named in the waiver state to exceed 20 during the current facility or hardship to the alien. In application and H–1B petition shall file fiscal year. determining whether to excuse such an amended H–1B petition, as required (ii) Decision on waivers under Pub. L. early termination of employment, the under § 214.2(h)(2)(i)(E) of this chapter, 103–416 and notification to the alien.— Service shall base its decision on the if there are any material changes in the (A) Approval. If the Director of USIA specific facts of each case. In all cases, terms and conditions of the submits a favorable waiver the burden of establishing eligibility for beneficiary’s employment or eligibility recommendation on behalf of a foreign a favorable exercise of discretion rests as specified in the waiver application medical graduate pursuant to Pub. L. with the foreign medical graduate. filed under Pub. L. 103–416 and in the 103–416, and the Service grants the Depending on the circumstances, subsequent H–1B petition. In such a waiver, the alien shall be notified of the closure of the health care facility named case, an amended H–1B petition shall be approval on Form I–797 (or I–797A or in the waiver application may, but need accompanied by evidence that the alien I–797B, as appropriate). The approval not, be considered an extenuating will continue practicing medicine with notice shall clearly state the terms and circumstance excusing early termination the original employer in an HHS- conditions imposed on the waiver, and of employment. Under no circumstances designated shortage area. the Service’s records shall be noted will a foreign medical graduate be (B) New H–1B petitions. A health care accordingly. eligible to apply for change of status to facility seeking to employ a foreign (B) Denial. If the Director of USIA another nonimmigrant category, for an medical graduate who has been granted issues a favorable waiver immigrant visa or for status as a lawful a waiver under Pub. L. 103–416 (prior recommendation under Pub. L. 103–416 permanent resident prior to completing to the time the alien has completed his and the Service denies the waiver, the the requisite 3-year period of or her 3-year contract with the facility alien shall be notified of the decision employment for a health care facility named in the waiver application and and of the right to appeal under 8 CFR located in an HHS-designated shortage original H–1B petition), shall file a new part 103. However, no appeal shall lie area. H–1B petition with the Service, as where the basis for denial is that the (v) Required evidence. A foreign required under §§ 214.2(h)(2)(i) (D) and number of waivers granted to the State medical graduate who seeks to have (E) of this chapter. Although a new in which the foreign medical graduate early termination of employment waiver application need not be filed, the will be employed would exceed 20 for excused due to extenuating new H–1B petition shall be that fiscal year. circumstances shall submit accompanied by the documentary (iii) Conditions. The foreign medical documentary evidence establishing such evidence generally required under graduate must agree to commence a claim. In all cases, the foreign medical § 214.2(h) of this chapter, and the employment for the health care facility graduate shall submit an employment following additional documents: specified in the waiver application contract with another health care (1) A copy of Form I–797 (and/or I– within 90 days of receipt of the waiver facility located in an HHS-designated 797A and I–797B) relating to the waiver under Pub. L. 103–416. The foreign shortage area for the balance of the and nonimmigrant H status granted medical graduate may only fulfill the required 3-year period of employment. under Pub. L. 103–416; requisite 3-year employment contract as A foreign medical graduate claiming (2) An explanation from the foreign an H–1B nonimmigrant. A foreign extenuating circumstances based on medical graduate, with supporting medical graduate who receives a waiver hardship shall also submit evidence evidence, establishing that extenuating under Pub. L. 103–416 based on a establishing that such hardship was circumstances necessitate a change in request by a State Department of Public caused by unforeseen circumstances employment; Health (or equivalent), and changes his beyond his or her control. A foreign (3) An employment contract or her nonimmigrant classification from medical graduate claiming extenuating establishing that the foreign medical J–1 to H–1B, may not apply for circumstances based on closure of the graduate will practice medicine at the permanent residence or for any other health care facility named in the waiver health care facility named in the new change of nonimmigrant classification application shall also submit evidence H–1B petition for the balance of the unless he or she has fulfilled the 3-year that the facility has closed or is about to required 3-year period; and employment contract with the health be closed. (4) Evidence that the geographic area care facility and in the specified HHS- (vi) Notification requirements. A J–1 or areas of intended employment designated shortage area named in the foreign medical graduate who has been indicated in the new H–1B petition are waiver application. granted a waiver of the 2-year in HHS-designated shortage areas. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26683 (C) Review of amended and new H–1B become subject to deportation under comply with the terms and conditions petitions for foreign medical graduates section 241(a)(1)(C)(i) of the Act. imposed on the waiver is ineligible to granted waivers under Pub. L. 103–416 * * * * * apply for change of status to any other and who seek to have early termination nonimmigrant classification; and of employment excused due to PART 245ÐADJUSTMENT OF STATUS * * * * * extenuating circumstances.—(1) TO THAT OF PERSON ADMITTED FOR Dated: April 25, 1995. Amended H–1B petitions. The waiver PERMANENT RESIDENCE Doris Meissner, granted under Pub. L. 103–416 may be Commissioner, Immigration and affirmed, and the amended H–1B 3. The authority citation for part 245 continues to read as follows: Naturalization Service. petition may be approved, if the [FR Doc. 95–12272 Filed 5–17–95; 8:45 am] Authority: 8 U.S.C. 1101, 1103, 1182, 1255; petitioning health care facility BILLING CODE 4410±10±M establishes that the foreign medical and 8 CFR part 2. graduate otherwise remains eligible for § 245.1 [Amended] H–1B classification and that he or she 4. In § 245.1, paragraph (c)(2) is DEPARTMENT OF TRANSPORTATION will continue practicing medicine in an amended by removing the ‘‘;’’ at the end HHS-designated shortage area. of the paragraph and replacing it with Federal Aviation Administration (2) New H–1B petitions. The Service a ‘‘.’’; and by adding a new sentence at 14 CFR Part 39 shall review a new H–1B petition filed the end of paragraph (c)(2) to read as on behalf of a foreign medical graduate follows: [Docket No. 95±NM±82±AD; Amendment who has not yet fulfilled the required 3- 39±9234; AD 95±10±17] year period of employment with the § 245.1 Eligibility. health care facility named in the waiver * * * * * Airworthiness Directives; Lockheed application and in the original H–1B (c) * * * Model L±1011±385 Series Airplanes petition to determine whether (2) * * * An alien who has been AGENCY: extenuating circumstances exist which granted a waiver under section Federal Aviation warrant a change in employment, and 212(e)(iii) of the Act based on a request Administration, DOT. whether the waiver granted under Pub. by a State Department of Health (or its ACTION: Final rule; request for L. 103–416 should be affirmed. In equivalent) under Pub. L. 103–416 shall comments. conducting such a review, the Service be ineligible to apply for adjustment of SUMMARY: This amendment adopts a shall determine whether the foreign status under section 245 of the Act if the new airworthiness directive (AD) that is medical graduate will continue terms and conditions specified in applicable to all Lockheed Model L– practicing medicine in an HHS- section 214(k) of the Act and 1011–385 series airplanes. This action designated shortage area, and whether § 212.7(c)(9) of this chapter have not requires inspections to detect cracking the new H–1B petitioner and the foreign been met; or severing of the fuselage frames, and medical graduate have satisfied the * * * * * remaining H–1B eligibility criteria an additional inspection or repair, if described under section 101(a)(15)(H) of PART 248ÐCHANGE OF necessary. This amendment is prompted the Act and § 214.2(h) of this chapter. If NONIMMIGRANT CLASSIFICATION by reports indicating that fatigue these criteria have been satisfied, the cracking was found on certain fuselage waiver granted to the foreign medical 5. The authority citation for part 248 frames on these airplanes. The actions graduate under Pub. L. 103–416 may be continues to read as follows: specified in this AD are intended to affirmed, and the new H1–B petition Authority: 8 U.S.C. 1101, 1103, 1184, 1187, prevent reduced structural integrity of may be approved in the exercise of 1258; 8 CFR part 2. the fuselage shell due to the problems associated with fatigue cracking. discretion, thereby permitting the 6. In § 248.2, paragraph (c) is DATES: foreign medical graduate to serve the amended by removing the ‘‘; and’’ at the Effective May 23, 1995. balance of the requisite 3-year end of the paragraph and replacing it The incorporation by reference of employment period at the health care with a ‘‘.’’; and by adding two new certain publications listed in the facility named in the new H–1B sentences at the end of paragraph (c) to regulations is approved by the Director petition. read as follows: of the Federal Register as of May 23, (D) Failure to notify the Service of any 1995. material changes in employment. § 248.2 Ineligible classes. Comments for inclusion in the Rules Foreign medical graduates who have * * * * * Docket must be received on or before been granted a waiver of the 2-year (c) * * * This restriction shall not July 17, 1995. requirement and who have obtained H– apply when the alien is a foreign ADDRESSES: Submit comments in 1B status under Pub. L. 103–416 but fail medical graduate who was granted a triplicate to the Federal Aviation to: Properly notify the Service of any waiver under section 212(e)(iii) of the Administration (FAA), Transport material change in the terms and Act pursuant to a request made by a Airplane Directorate, ANM–103, conditions of their H–1B employment, State Department of Public Health (or its Attention: Rules Docket No. 95–NM– by having their employer file an equivalent) under Pub. L. 103–416, and 82–AD, 1601 Lind Avenue, SW., amended or a new H–1B petition in the alien complies with the terms and Renton, Washington 98055–4056. accordance with this section and conditions imposed on the waiver under The service information referenced in § 214.2(h) of this chapter; or establish section 214(k) of the Act and the this AD may be obtained from Lockheed continued eligibility for the waiver and implementing regulations at Aeronautical Systems Support Company H–1B status, shall (together with their § 212.7(c)(9) of this chapter. A foreign (LASSC), Field Support Department, dependents) again become subject to the medical graduate who was granted a Dept. 693, Zone 0755, 2251 Lake Park 2-year requirement. Such foreign waiver under Pub. L. 103–416 and who Drive, Smyrna, Georgia 30080. This medical graduates and their does not fulfill the requisite 3-year information may be examined at the accompanying H–4 dependents also employment contract or otherwise FAA, Transport Airplane Directorate, 26684 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 1601 Lind Avenue, SW., Renton, internal close visual and an eddy the 120-day compliance time because of Washington; or at the FAA, Small current inspection, to detect cracking or a potential short-term problem with Airplane Directorate, Atlanta Aircraft severing of the fuselage frames; and an availability of sufficient parts for Certification Office, Campus Building, inspection (using either an eddy current repairing a fuselage frame if any defect 1701 Columbia Avenue, Suite 2–160, surface scan or a magneto-optic imager) is found; a shorter compliance time College Park, Georgia; or at the Office of of the adjacent frames and external skin, might have resulted in the unnecessary the Federal Register, 800 North Capitol or repair, if necessary. The alert service removal of airplanes from service Street, NW., suite 700, Washington, DC. bulletin specifies that, for certain pending delivery of repair parts. FOR FURTHER INFORMATION CONTACT: airplanes, the inspection area is located Nevertheless, the FAA has determined Thomas Peters, Aerospace Engineer, between fuselage station (FS) 589 to FS that immediate adoption is necessary in Flight Test Branch, ACE–116A, FAA, 749 (for the C1 door) and FS 509 to FS this case because of the importance of Small Airplane Directorate, Atlanta 749 (for the C1A door) on the right-hand initiating the required inspections as Aircraft Certification Office, Campus side of the airplane. (For airplanes on soon as possible. Building, 1701 Columbia Avenue, Suite which any cracking or severing is found As a result of recent communications 2–160, College Park, Georgia 30337– in the fuselage frames, the alert service with the Air Transport Association 2748; telephone (404) 305–7367; fax bulletin describes procedures for an (ATA) of America, the FAA has learned (404) 305–7348. additional inspection of the fuselage that, in general, some operators may frames between FS 1605 to FS 1745 on SUPPLEMENTARY INFORMATION: The FAA misunderstand the legal effect of AD’s the left- and right-hand sides of the has recently received six reports on airplanes that are identified in the airplane.) For certain other airplanes, indicating that cracking was found on applicability provision of the AD, but the alert service bulletin indicates that certain fuselage frames on Lockheed that have been altered or repaired in the the inspection area includes all fuselage Model L–1011–385 series airplanes. area addressed by the AD. The FAA frames where the frame outer flange points out that all airplanes identified in This cracking occurred at the location attaches to the WL 280.6 longeron where the outer flange of the frame the applicability provision of an AD are (upper stringerless sidewall longeron) legally subject to the AD. If an airplane attaches to the water line (WL) 280.6 on both the left- and right-hand sides of longeron (the upper stringerless has been altered or repaired in the the airplane. affected area in such a way as to affect sidewall longeron) on the left- and right- Since an unsafe condition has been hand sides of the airplane. Such compliance with the AD, the owner or identified that is likely to exist or operator is required to obtain FAA cracking also has been found in develop on other Lockheed Model L– approval for an alternative method of multiple frames of a single airplane. On 1011–385 series airplanes of the same compliance with the AD, in accordance one airplane, two adjacent frames were type design, this AD is being issued to with the paragraph of each AD that severed completely; cracks were found prevent reduced structural integrity of provides for such approvals. A note has in three more adjacent frames on this the fuselage shell. This AD requires been included in this rule to clarify this same airplane. In each of the cracked either an external X-ray inspection, or long-standing requirement. frames, the cracks emanated from the both an internal close visual and an fastener hole that attaches the frame to eddy current inspection, to detect Since a situation exists that requires the WL 280.6 longeron at the shear slip cracking or severing of the fuselage the immediate adoption of this cutout. frames; and an inspection (using either regulation, it is found that notice and The cracking appears to be fatigue an eddy current surface scan or a opportunity for prior public comment related, primarily as a result of magneto-optic imager) of the adjacent hereon are impracticable, and that good pressurization loads. An engineering frames and external skin, or repair, if cause exists for making this amendment analysis indicates that this cracking necessary. The actions are required to be effective in less than 30 days. initiates when the airplane has accomplished in accordance with the Comments Invited accumulated between 20,000 and 25,000 alert service bulletin described total landings. Loads analysis and previously. Although this action is in the form of testing performed during its original This is considered to be interim a final rule that involves requirements certification shows that this airplane action until final action is identified, at affecting flight safety and, thus, was not model can retain fail-safe load which time the FAA may consider preceded by notice and an opportunity capability with a skin crack extending further rulemaking. for public comment, comments are across two skin bays and one frame The required compliance time of 120 invited on this rule. Interested persons severed completely. (To date, no skin days for certain airplanes [reference are invited to comment on this rule by cracking has been reported.) Subsequent paragraph (b) of this AD] is usually submitting such written data, views, or engineering analysis confirms that the sufficient to allow for a brief comment arguments as they may desire. airplane is capable of limit period before adoption of a final rule. In Communications shall identify the pressurization and fuselage bending this AD, however, the compliance time Rules Docket number and be submitted loads with two adjacent frames severed of 120 days for airplanes that have in triplicate to the address specified completely. accumulated 20,000 total landings, but under the caption ADDRESSES. All Fatigue cracking in the fuselage less than 25,000 total landings, was communications received on or before frames, if not detected and corrected in established based on inspections to date the closing date for comments will be a timely manner, could result in of airplanes in this category along with considered, and this rule may be reduced structural integrity of the an engineering evaluation of frame crack amended in light of the comments fuselage shell. propagation rates. The FAA established received. Factual information that The FAA has reviewed and approved that compliance time in order to provide supports the commenter’s ideas and Lockheed Alert Service Bulletin 093– an acceptable level of safety suggestions is extremely helpful in 53–A271, dated April 25, 1995, commensurate with the compliance evaluating the effectiveness of the AD including Attachments 1 and 2, which time of 25 days for airplanes that have action and determining whether describes procedures for either an accumulated 25,000 or more total additional rulemaking action would be external X-ray inspection, or both an landings. In addition, the FAA selected needed. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26685 Comments are specifically invited on PART 39ÐAIRWORTHINESS total landings, or within 120 days after the the overall regulatory, economic, DIRECTIVES effective date of this AD, whichever occurs environmental, and energy aspects of later: Perform either an external X-ray inspection, or both an internal close visual the rule that might suggest a need to 1. The authority citation for part 39 continues to read as follows: and an eddy current inspection, to detect modify the rule. All comments cracking or severing of the fuselage frames submitted will be available, both before Authority: 49 U.S.C. App. 1354(a), 1421 between fuselage stations (FS) 589 to FS 749 and after the closing date for comments, and 1423; 49 U.S.C. 106(g); and 14 CFR (for the C1 door) and between FS 509 to FS in the Rules Docket for examination by 11.89. 749 (for the C1A door) on the right-hand side interested persons. A report that § 39.13 [Amended] of the airplane, in accordance with Lockheed summarizes each FAA-public contact Alert Service Bulletin 093–53–A271, dated 2. Section 39.13 is amended by April 25, 1995, including Attachments 1 and concerned with the substance of this AD adding the following new airworthiness 2. If any cracking or severing is found, prior will be filed in the Rules Docket. directive: to further flight, perform an inspection to Commenters wishing the FAA to 95–10–17 Lockheed Aeronautical Systems detect cracking of the fuselage frames at FS acknowledge receipt of their comments Company: Amendment 39–9234. Docket 1605 to FS 1745 on the left- and right-hand submitted in response to this rule must 95–NM–82–AD. sides of the airplane, in accordance with the alert service bulletin. submit a self-addressed, stamped Applicability: All Model L–1011–385 (1) If no cracking is found, no further postcard on which the following series airplanes, certificated in any category. action is required by paragraph (b) of this statement is made: ‘‘Comments to Note 1: This AD applies to each airplane AD. Docket Number 95–NM–82–AD.’’ The identified in the preceding applicability (2) If any cracking is found, prior to further postcard will be date stamped and provision, regardless of whether it has been flight, perform an inspection (using either an returned to the commenter. modified, altered, or repaired in the area eddy current surface scan or a magneto-optic subject to the requirements of this AD. For imager) to detect cracking of the adjacent The regulations adopted herein will airplanes that have been modified, altered, or frames and external skin, in accordance with not have substantial direct effects on the repaired so that the performance of the the alert service bulletin. Prior to further States, on the relationship between the requirements of this AD is affected, the flight, repair any cracking or severing found national government and the States, or owner/operator must use the authority during any inspection required by paragraph on the distribution of power and provided in paragraph (d) to request approval (b) of this AD, in accordance with the alert responsibilities among the various from the FAA. This approval may address service bulletin. either no action, if the current configuration (c) Airplanes on which the inspection levels of government. Therefore, in eliminates the unsafe condition; or different required by paragraph (a) of this AD is accordance with Executive Order 12612, actions necessary to address the unsafe performed within the compliance time it is determined that this final rule does condition described in this AD. Such a specified in paragraph (b) of this AD are not not have sufficient federalism request should include an assessment of the required to accomplish the inspection implications to warrant the preparation effect of the changed configuration on the required by paragraph (b). of a Federalism Assessment. unsafe condition addressed by this AD. In no (d) An alternative method of compliance or case does the presence of any modification, adjustment of the compliance time that The FAA has determined that this alteration, or repair remove any airplane from provides an acceptable level of safety may be regulation is an emergency regulation the applicability of this AD. used if approved by the Manager, Atlanta that must be issued immediately to Compliance: Required as indicated, unless Aircraft Certification Office (ACO), FAA, correct an unsafe condition in aircraft, accomplished previously. Small Airplane Directorate. Operators shall and that it is not a ‘‘significant To prevent reduced structural integrity of submit their requests through an appropriate regulatory action’’ under Executive the fuselage shell due to fatigue cracking of FAA Principal Maintenance Inspector, who Order 12866. It has been determined the fuselage frames, accomplish the may add comments and then send it to the Manager, Atlanta ACO. further that this action involves an following: Note 2: Information concerning the emergency regulation under DOT (a) Prior to the accumulation of 25,000 total landings, or within 25 days after the effective existence of approved alternative methods of Regulatory Policies and Procedures (44 date of this AD, whichever occurs later: compliance with this AD, if any, may be FR 11034, February 26, 1979). If it is Perform either an external X-ray inspection, obtained from the Atlanta ACO. determined that this emergency or both an internal close visual and an eddy (e) Special flight permits may be issued in regulation otherwise would be current inspection, to detect cracking or accordance with §§ 21.197 and 21.199 of the significant under DOT Regulatory severing of the fuselage frames at all fuselage Federal Aviation Regulations (14 CFR 21.197 Policies and Procedures, a final frames where the frame outer flange attaches and 21.199) to operate the airplane to a regulatory evaluation will be prepared to the water line (WL) 280.6 longeron (upper location where the requirements of this AD and placed in the Rules Docket. A copy stringerless sidewall longeron) on both the can be accomplished. left- and right-hand sides of the airplane, in (f) The inspections and repair shall be done of it, if filed, may be obtained from the accordance with Lockheed Alert Service in accordance with Lockheed Alert Service Rules Docket at the location provided Bulletin 093–53–A271, dated April 25, 1995, Bulletin 093–53–A271, dated April 25, 1995, under the caption ADDRESSES. including Attachments 1 and 2. including Attachments 1 and 2. (NOTE: (1) If no cracking or severing is found, no Attachment 1 is undated.) This incorporation List of Subjects in 14 CFR Part 39 further action is required by paragraph (a) of by reference was approved by the Director of Air transportation, Aircraft, Aviation this AD. the Federal Register in accordance with 5 (2) If any cracking or severing is found, U.S.C. 552(a) and 1 CFR part 51. Copies may safety, Incorporation by reference, prior to further flight, perform an inspection be obtained from Lockheed Aeronautical Safety. (using either an eddy current surface scan or Systems Support Company (LASSC), Field Adoption of the Amendment a magneto-optic imager) to detect cracking of Support Department, Dept. 693, Zone 0755, the adjacent frames and external skin, in 2251 Lake Park Drive, Smyrna, Georgia Accordingly, pursuant to the accordance with the alert service bulletin. 30080. Copies may be inspected at the FAA, authority delegated to me by the Prior to further flight, repair any cracking or Transport Airplane Directorate, 1601 Lind severing found during any inspection Avenue, SW., Renton, Washington; or at the Administrator, the Federal Aviation required by paragraph (a) of this AD, in FAA, Small Airplane Directorate, Atlanta Administration amends part 39 of the accordance with the alert service bulletin. Aircraft Certification Office, Campus Federal Aviation Regulations (14 CFR (b) Except as provided by paragraph (c) of Building, 1701 Columbia Avenue, Suite 2– part 39) as follows: this AD, prior to the accumulation of 20,000 160, College Park, Georgia; or at the Office of 26686 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations the Federal Register, 800 North Capitol 1994. Interested parties were given until motion detectors and communications Street, NW., suite 700, Washington, DC. October 31, 1994 to submit comments. equipment, to facilitate operation of the (g) This amendment becomes effective on The Coast Guard received comments drawspan from Gary, Indiana. The May 23, 1995. from the Illinois Department of drawspan can also be operated at the Issued in Renton, Washington, on May 10, Conservation and the Illinois River bridge site. The drawspan will be 1995. Carriers Association, representing maintained in the open to navigation James V. Devany, approximately 34 river towing position except for the passage of rail Acting Manager, Transport Airplane companies. On February 24, 1995, the traffic or maintenance. The equipment Directorate, Aircraft Certification Service. Coast Guard published an interim rule indicates any malfunction in the [FR Doc. 95–11974 Filed 5–17–95; 8:45 am] (60 FR 10315) concerning this drawspan operation and allows the BILLING CODE 4910±13±U amendment with a comment closing remote operator to ascertain the position date of April 25, 1995. No comments of the drawspan at any time. The marine were received in response to this radio system allows communication Coast Guard interim rule. A public hearing was not between the remote operator and marine requested and one was not held. traffic at the bridge, on the VHF marine 33 CFR Part 117 Two minor changes have been made frequencies authorized by the Federal [CGD02±95±001] to the final rule from the interim rule. Communications Commission. A radar The interim final rule stated that the antenna has been installed on the bridge RIN 2115±AE47 remote operator made marine broadcasts and the received signal is transmitted by Drawbridge Operation Regulation; warning of the drawbridges closure on fixed lines to the remote operator. The Illinois Waterway channel 16. In this final rule, reference radar system is designed to scan to channel 16 was eliminated because upstream and downstream of the bridge. AGENCY: Coast Guard, DOT. the marine broadcast frequencies are Infrared scanners and motion detectors ACTION: Final rule. designated by FCC regulations and not are located in the channel drawspan to by the Coast Guard. This final rule also detect vessels under the drawspan. If an SUMMARY: The Coast Guard is finalizing increases the number of broadcasts that obstruction is detected beneath the operation conditions for the remote the remote operator will make after the drawspan during the closing cycle, operation of the Elgin, Joliet and Eastern drawspan is lowered and locked in the before the drawspan is seated and Railway (EJ&E) Bridge over the Illinois closed to navigation position, from two locked, the drawspan will automatically Waterway at mile 290.1, at Lockport, broadcasts to periodic broadcasts. This stop lowering and shall be raised to the Illinois. This action was taken at the change will ensure that vessels fully open position by the remote request of the Elgin, Joliet and Eastern approaching the bridge after the operator until the channel is clear. Once Railway Company. The change to drawspan has been lowered will be lowered and locked in the closed to remote operation permits more efficient notified that the draw is closed. navigation position, the boat detectors operation of the railway bridge, while Good cause exists for making this rule will not raise the drawspan. continuing to provide for the reasonable effective upon publication. No During the drawspan closing cycle, needs of navigation. comments were received during the the bridge operator shall make a radio EFFECTIVE DATE: May 18, 1995. interim final rule’s 60 day comment broadcast indicating drawspan status. period. The Coast Guard has monitored ADDRESSES: Unless otherwise indicated, At the appropriate times in the cycle, the remote operation during the 60 day documents referred to in this preamble the bridge operator shall announce that test period. There were no equipment are available for inspection or copying the drawspan will close to navigation, failures and no reported negative at the offices of the Commander, Second that the drawspan is closed to impacts to navigation. This rule allows Coast Guard District, 1222 Spruce navigation, or that the drawspan has the bridge to be left open unless rail Street, St. Louis, MO 63103–2832, reopened to navigation. traffic or maintenance requires its Attention: Bridge Administrator, closure. Vessel traffic will benefit from Regulatory Evaluation between 8 a.m. and 3 p.m., Monday this rule by having the bridge This rule is not a significant through Friday, except Federal holidays. maintained in the open to navigation regulatory action under 3(f) of Executive FOR FURTHER INFORMATION CONTACT: position. For these reasons the Coast Order 12866 and does not require an Roger K. Wiebusch, Bridge Guard has determined that there is no assessment of potential cost and benefits Administrator, Second Coast Guard need to delay implementation of this under section 6(a)(3) of that order. It has District, (314) 539–3724. rule. been exempted from review by the SUPPLEMENTARY INFORMATION: Office of Management and Budget under Background and Purpose that order. It is not significant under the Drafting Information The Elgin, Joliet and Eastern Railway regulatory policies and procedures of The principal persons involved in requested approval from the Coast the Department of Transportation (DOT) drafting this document are David H. Guard to change the operation of the (44 FR 11040; February 26, 1979). The Sulouff, Project Officer, Bridge Branch EJ&E Bridge over the Illinois waterway Coast Guard expects the economic and LT S. Moody, Project Attorney, at mile 290.1, at Lockport, Illinois, from impact of this rule to be so minimal that Second Coast Guard District Legal on-site bridge operation to a remote a full Regulatory Evaluation under Office. operating system. This rule change paragraph 10e of the regulatory policies establishes remote operating procedures and procedures of DOT is unnecessary. Regulatory History with associated operating and On September 1, 1994, the Coast equipment requirements on EJ&E that Small Entities Guard published a proposed rule (59 FR will ensure the safe and timely After considering comments received, 45252) concerning this amendment. The operation of the railroad drawspan. the Coast Guard finds that any impact Commander, Second Coast Guard EJ&E has installed remote operating on small entities, if any, is not District, also published the proposal as equipment and a control system, substantial. Therefore, the Coast Guard a Public Notice dated September 20, including radar, infrared boat detectors, certifies under 605(b) of the Regulatory Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26687 Flexibility Act (5 U.S.C. 601 et seq.) that Joliet & Eastern offices in Gary, Indiana when the drawspan is not in the fully this rule will not have a significant as follows: open to navigation position. The economic impact on a substantial (1) The drawspan is normally drawspan takes approximately 90 number of small entities. maintained in the fully open to seconds to lower. navigation position displaying green (7) If the presence of a vessel or other Collection of Information center span navigation lights to indicate obstruction is discovered approaching This rule contains no collection of that the drawspan is fully open. or under the drawspan, during the information requirements under the (2) The bridge is equipped with the lowering sequence, before the drawspan Paperwork Reduction Act (44 U.S.C. following: is fully lowered and locked, the 3501 et seq.). (i) A radiotelephone link direct to the drawspan shall be stopped and raised to remote operator; Federalism the fully open position. When the vessel (ii) A radar antenna on top of the or obstruction has cleared the drawspan, The Coast Guard has analyzed this drawspan capable of scanning the river, the remote operator shall confirm that rule in accordance with the principles one mile upstream and one mile the channel is clear and reinitiate the and criteria contained in Executive downstream; one minute warning cycle before Order 12612 and has determined that (iii) Infrared boat detectors under the lowering the drawspan. this rule does not have sufficient drawspan, to allow the remote bridge (8) If no marine traffic is present the federalism implications to warrant operator to detect vessels under the drawspan may be lowered and seated. preparation of a Federalism Assessment. drawspan; When the drawspan is lowered and (iv) Electronic motion detectors under Environmental locked in the closed to navigation the drawspan to allow the remote bridge position, the remote bridge operator The Coast Guard has reviewed the operator to detect vessel movement periodically broadcasts, via marine environmental impact of this rule and under the drawspan; radio, that: ‘‘The drawspan of the EJ&E concluded that under section 2.B.2.g(5), (v) A siren for sound signals; and Railroad bridge is closed to navigation.’’ (Promulgation of operating requirements (vi) Red and green center span (9) Failure of the radar system, radio or procedures for drawbridges) of navigation lights. telephone system, infrared boat Commandant Instruction M16475.1B, (3) The remote bridge operator shall detectors or electronic motion sensors (as revised by 59 FR 38654; July 29, maintain a 24 hour VHF marine radio shall prevent lowering the drawspan 1994), this rule is categorically excluded watch for mariners to establish contact from the remote location. from further environmental as they approach the bridge to ensure (10) when rail traffic has cleared the documentation. A Categorical Exclusion that the drawspan is open or that it bridge, the remote bridge operator shall Determination is available for remains open until passage of river raise the drawspan to the fully open to inspection or copying where indicated traffic is complete. navigation position. When the drawspan under ADDRESSES. (4) When rail traffic approaches the is raised and in the fully open to bridge, and the drawspan is in the open List of Subjects in 33 CFR Part 117 navigation position, the remote bridge position, the remote bridge operator operator broadcasts, at least twice, via Bridges. initiates a one minute warning period marine radio, that: ‘‘The drawspan of For the reasons set out in the before closing the drawspan. During this the EJ&E Railroad bridge is open to preamble, the Coast Guard amends Part warning period, the remote operator navigation.’’ The center drawspan 117 of Title 33, Code of Federal shall broadcast at least twice, via marine navigation lights change from red to Regulations, as follows: radio, that: ‘‘The drawspan of the EJ&E green when the drawspan is fully open Railroad bridge will be lowered in one to navigation. PART 117ÐDRAWBRIDGE minute.’’ A siren on the bridge sounds OPERATION REGULATIONS for 20 seconds, to warn anyone on or Dated: March 15, 1995. under the bridge that the drawspan will Paul M. Blayney, 1. The authority citation for Part 117 be lowered. Rear Admiral, U.S. Coast Guard, Commander, continues to read as follows: (5) If a vessel is approaching the Second Coast Guard District, St. Louis, MO. Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 bridge upbound or, departing the [FR Doc. 95–12281 Filed 5–17–95; 8:45 am] CFR 1.05–1(g); section 117.255 also issued Lockport Lock and Dam at mile 291.1, BILLING CODE 4910±14±M under the authority of Pub. L. 102–587, 106 downbound, with intentions of passing Stat. 5039. through the drawspan, they shall 2. Section 117.395 is revised to read respond to the remote bridge operators’ 33 CFR Part 165 as follows: marine radio broadcast, or initiate radio [COTP St. Louis 95±002] contact, indicating their proximity to § 117.395 Illinois Waterway. the bridge and requesting an opening of RIN 2115±AA97 (a) The draws of the McDonough the drawspan or that the drawspan Street Bridge, mile 287.3; Jefferson remain open until the vessel passes. If Safety Zone; Upper Mississippi River, Street bridge, mile 287.9; Cass Street any approaching vessel is detected or if mile 179.0 to 184.0 bridge, mile 288.1; Jackson Street a radiotelephone response is received, AGENCY: Coast Guard, DOT. bridge, mile 288.4; and Ruby Street the remote operator shall not close the ACTION: Temporary final rule. bridge, mile 288.7; all of Joliet, shall drawspan until the vessel or vessels open on signal, except that they need have cleared the bridge. SUMMARY: The Coast Guard is not open from 7:30 a.m. to 8:30 a.m. and (6) At the end of the one minute establishing a safety zone on the Upper from 4:15 p.m. to 5:15 p.m. Monday warning period, if no river traffic is Mississippi River between mile 179.0 through Saturday. approaching or under the drawspan, the and 184.0. This regulation is needed to (b) The drawspan of the Elgin, Joliet remote bridge operator may begin protect vessels from the hazards and Eastern Railway bridge, mile 290.1 lowering the drawspan. Navigation associated with operating in high water at Lockport, Illinois, is operated by lights located at the center of the conditions. This regulation will restrict remote operator located at the Elgin, drawspan change from green to red general navigation in the regulated area 26688 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations for the safety of vessel traffic and the rise in river level on the Upper List of Subjects in 33 CFR Part 165 protection of life and property along the Mississippi River at St. Louis, MO. This Harbors, Marine safety, Navigation shore. rule is required for the safety and (Water), Records and recordkeeping, EFFECTIVE DATES: This regulation is protection of vessels transiting the Security measures, Vessels, Waterways. effective on May 4, 1995 and will safety zone. Temporary Regulation remain in effect until June 2, 1995, Regulatory Evaluation unless terminated sooner by the Captain In consideration of the foregoing, of the Port. This regulation is not major under Subpart C of Part 165 of Title 33, Code FOR FURTHER INFORMATION CONTACT: Executive Order 12291 and not of Federal Regulations, is amended as LT Robert Siddall, Operations Officer, significant under Department of follows: Captain of the Port, St. Louis, Missouri Transportation Regulatory Policies and at (314) 539–3823. Procedures (44 FR 11040; February 26, PART 165Ð[AMENDED] 1979), it will not have a significant SUPPLEMENTARY INFORMATION: economic impact on a substantial 1. The authority citation for Part 165 continues to read as follows: Drafting Information number of small entities, and it contains no collection of information Authority: 33 U.S.C. 1231; 50 U.S.C. 191; The drafters of this regulation are requirements. 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; LTJG A.B. Cheney, Project Officer, 49 CFR 1.46. Marine Safety Office, St. Louis, Missouri The Coast Guard expects the impact 2. A temporary § 165.T02–028 is and LT S.M. Moody, Project Attorney, of this regulation to be so minimal that added, to read as follows: Second Coast Guard District Legal a Regulatory Evaluation is unnecessary. The imposed restrictions are anticipated Office. § 165.T02±028 Safety Zone: Upper to be of short duration. Captain of the Mississippi River. Regulatory History Port, St. Louis, Missouri will monitor river conditions and will authorize (a) Location. The Upper Mississippi In accordance with 5 U.S.C. 553, a River between mile 179.0 and 184.0 is notice of proposed rulemaking has not entry into the closed area as conditions permit. Changes will be announced by established as a safety zone. been published for this rule and good (b) Effective Dates. This section is Marine Safety Information Radio cause exists for making it effective in effective on May 4, 1995 and will Broadcast on VHF Marine Band Radio, less than 30 days from the date of terminate on June 2, 1995, unless Channel 22 (157.1 MHZ). Mariners may publication. Following normal terminated sooner by the Captain of the also call the Port Operations Officer, rulemaking procedures would have Port. Captain of the Port, St. Louis, Missouri been impracticable. Specifically, recent (c) Regulations. The general at (314) 539–3823 for current heavy rainfall on already saturated regulations under § 165.23 of this part information. ground in portions of the Upper which prohibit vessel entry within the Mississippi River Basin has caused Small Entities described zone without authority of the tributaries and the southern portion of Captain of the Port apply. The Captain The Coast Guard finds that the impact the Upper Mississippi River to approach of the Port, St. Louis, Missouri will on small entities, if any, is not and exceed flood stages, leaving authorize entry into and operations substantial. Therefore, the Coast Guard insufficient time to publish a proposed within the described zone under certain certifies under section 605(b) of the rulemaking. The Coast Guard deems it conditions and limitations as Regulatory Flexibility Act (5 U.S.C. 601 to be in the public’s interest to issue a announced by Marine Safety et seq.) that this temporary rule will not rule without waiting for comment Information Radio Broadcast on VHF have a significant economic impact on period since high water conditions Marine Band Radio, Channel 22 (157.1 a substantial number of small entities. present immediate hazard. MHZ). Background and Purpose Collection of Information Dated: May 4, 1995. The Upper Mississippi River in the This rule contains no collection of S.P. Cooper, vicinity of St. Louis Harbor has seen a information requirements under the Commander, U.S. Coast Guard, Captain of rapid rise in the water level and is Paperwork Reduction Act (44 U.S.C. the Port, St. Louis, Missouri. expected to be above flood stage by May 3501). [FR Doc. 95–12282 Filed 5–17–95; 8:45 am] 13, 1995. Recent torrential downpours, BILLING CODE 4910±14±M Federalism Assessment predominately in Missouri and southern Illinois, caused a very rapid rise in river Under the principles and criteria of stages. Water conditions that cause Executive Order 12612, this rule does 33 CFR Part 165 rapid and sharp rises in river stages also not raise sufficient federalism [CGD01±95±055] cause treacherous currents in the implications to warrant the preparation vicinity of bridges within St. Louis of a Federalism Assessment. RIN 2115±AA97 Harbor. These currents make the Environmental Assessment Safety Zone: Ellis Island NECO Awards approach to the bridges more critical Gala Fireworks, Upper New York Bay, since the time to impose course The Coast Guard considered the NY and NJ corrections are diminished. environmental impact of this rule and Additionally, the high water conditions concluded that, under section 2.B.2.g.[5] AGENCY: Coast Guard, DOT. reduce both the vertical and horizontal of Commandant Instruction M16475.1B, ACTION: Temporary final rule. clearances available to the navigating this rule is categorically excluded from tow. Reducing tow lengths and further environmental documentation as SUMMARY: The Coast Guard is increasing horsepower requirements an action to protect public safety. A establishing a temporary safety zone for will offset the effect of the increased Categorical Exclusion Determination has a fireworks program located in Federal current. The circumstances requiring been prepared and placed in the Anchorage 20C in Upper New York Bay, this rule are swift currents and a rapid rulemaking docket. New York. This safety zone will be in Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26689 effect on May 21, 1995, from 10:15 p.m. Regulatory Evaluation federalism implications to warrant the until 11:30 p.m. The safety zone will This rule is not a significant preparation of a Federalism Assessment. temporarily close all waters of the regulatory action under section 3(f) of Environment Upper New York Bay, within a 300 yard Executive Order 12866 and does not The Coast Guard has considered the radius of the fireworks barges anchored require an assessment of potential costs environmental impact of this rule and approximately 300 yards east of Liberty and benefits under section 6(a)(3) of that concluded that under section 2.B.2.e. of Island, New York. order. It has been exempted from review Commandant Instruction M16475.1B, by the Office of Management and EFFECTIVE DATE: This rule is effective on revised 59 FR 38654, July 29, 1994, the Budget under that order. It is not May 21, 1995, from 10:15 p.m. until promulgation of this rule is categorically significant under the regulatory policies 11:30 p.m., unless extended or excluded from further environmental and procedures of the Department of terminated sooner by the Captain of the documentation. A Categorical Exclusion Transportation (DOT) (44 FR 11040; Port, New York. Determination and Environmental February 26, 1979). The Coast Guard Analysis Checklist are included in the FOR FURTHER INFORMATION CONTACT: expects the economic impact of this rule docket. An appropriate environmental to be so minimal that a full Regulatory Lieutenant (Junior Grade) K. Messenger, analysis of the fireworks program will Evaluation under paragraph 10(e) of the Maritime Planning Staff Chief, Coast be conducted in conjunction with the regulatory policies and procedures of Guard Group New York (212) 668–7934. marine event permitting process. DOT is unnecessary. This safety zone SUPPLEMENTARY INFORMATION: closes a portion of the Upper New York List of Subjects in 33 CFR Part 165 Drafting Information Bay to all vessel traffic on May 21, 1995, Harbors, Marine safety, Navigation from 10:15 p.m. until 11:30 p.m., unless (water), Reporting and recordkeeping The drafters of this notice are LTJG K. extended or terminated sooner by the Messenger, Project Manager, Coast requirements, Security measures, Captain of the Port, New York. Although Waterways. Guard Group New York and LCDR J. this regulation prevents traffic from Stieb, Project Attorney, First Coast transiting this area, the effect of this rule Temporary Regulation Guard District, Legal Office. will not be significant for several For reasons set out in the preamble, Regulatory History reasons. Due to the fact that this safety the Coast Guard amends 33 CFR Part zone will not impact any navigable 165 as follows: Pursuant to 5 U.S.C. 553, a notice of channel; that the duration of the event proposed rulemaking (NPRM) was not is limited; that the event is at a late PART 165Ð[AMENDED] published for this regulation and good hour; and that extensive, advance cause exists for not publishing an advisories will be made to the maritime 1. The authority citation for Part 165 NPRM. Due to the date this application community, the impact of this rule is continues to read as follows: was received, there was insufficient expected to be so minimal that a Authority: 33 U.S.C. 1231; 50 U.S.C. 191; time to draft and publish a notice of Regulatory Evaluation is unnecessary. 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; 49 CFR 1.46. proposed rulemaking that allows for a Small Entities reasonable comment period prior to the 2. A temporary section, § 165.T01– event. The delay encountered if normal Under the Regulatory Flexibility Act 055, is added to read as follows: rulemaking procedures were followed (5 U.S.C. 601 et seq.), the Coast Guard § 165.T01±055 Safety Zone; Ellis Island would effectively cancel this event. must consider whether this rule will have a significant economic impact on NECO Awards Gala Fireworks, Upper New Cancellation of this event is contrary to York Bay, New York and New Jersey. public interest. a substantial number of small entities. ‘‘Small entities’’ include independently (a) Location. All waters of Federal Background and Purpose owned and operated small businesses Anchorage 20C, Upper New York Bay, that are not dominant in their field and within a 300 yard radius of the On May 1, 1995, Fireworks by Grucci that otherwise qualify as ‘‘small fireworks barges anchored submitted an application to hold a business concerns’’ under Section 3 of approximately 300 yards east of Liberty fireworks program in the waters of ° ′ ′′ the Small Business Act (15 U.S.C. 632). Island, New York, at or near 40 41 17 N Upper New York Bay, off of Liberty For the reasons given in the latitude, 074°02′25′′W longitude. Island, New York. This fireworks Regulatory Evaluation, the Coast Guard (Datum: NAD 83) program is being sponsored by the expects the impact of this rule to be (b) Effective period. This section is in National Ethnic Coalition of minimal. The Coast Guard certifies effect on May 21, 1995, from 10:15 p.m. Organizations Foundation, Inc., (NECO). under 5 U.S.C. 605(b) that this rule will until 11:30 p.m., unless extended or This rule establishes a temporary safety not have a significant economic impact terminated sooner by the Captain of the zone in all waters of the Upper New on a substantial number of small Port, New York. York Bay within a 300 yard radius of entities. (c) Regulations. (1) The general fireworks barges anchored regulations contained in 33 CFR 165.23 approximately 300 yards east of Liberty Collection of Information apply. Island, New York, at or near 40°41′17′′N This rule contains no collection of (2) All persons and vessels shall latitude, 74°02′25′′W longitude. The information requirements under the comply with the instructions of the safety zone will be in effect on May 21, Paperwork Reduction Act (44 U.S.C. Coast Guard Captain of the Port or the 1995, from 10:15 p.m. until 11:30 p.m., 3501). designated on scene patrol personnel. unless extended or terminated sooner by U.S. Coast Guard patrol personnel the Captain of the Port, New York. This Federalism include commissioned, warrant, and safety zone precludes all vessels from The Coast Guard has analyzed this petty officers of the Coast Guard. Upon transiting this portion of the Upper New action in accordance with the principles being hailed by a U.S. Coast Guard York Bay and is needed to protect and criteria contained in Executive vessel via siren, radio, flashing light, or mariners from the hazards associated Order 12612 and has determined that other means, the operator of a vessel with fireworks exploding in the area. this rule does not raise sufficient shall proceed as directed. 26690 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations Dated: May 10, 1995. persons to submit a notice to EPA at public comment concerning the T. H. Gilmour, least 90 days before they manufacture, proposed SNUR. As a result, EPA is Captain, U.S. Coast Guard, Captain of the import, or process the chemical promulgating this final SNUR. Port, New York. substance for that use. The mechanism IV. Determination of Proposed for reporting under this requirement is [FR Doc. 95–12283 Filed 5–17–95; 8:45 am] Significant New Uses BILLING CODE 4910±14±M established under 40 CFR 721.25. To determine what would constitute II. Applicability of General Provisions significant new uses of this chemical General provisions for SNURs appear substance, EPA considered relevant ENVIRONMENTAL PROTECTION under subpart A of 40 CFR part 721. information about the toxicity of the AGENCY These provisions describe persons substance, likely exposures/releases 40 CFR Part 721 subject to the rule, recordkeeping associated with possible uses, and the requirements, exemptions to reporting four factors listed in section 5(a)(2) of [OPPTS±50611A; FRL±4953±7] requirements, and applicability of the TSCA. rule to uses occurring before the RIN 2070±AB27 Section 5(a)(2) of TSCA provides that effective date of the final rule. Rules on EPA’s determination that a chemical 1H,3H,5H-oxazolo [3,4-c] oxazole, user fees appear at 40 CFR part 700. substance is a significant new use must Dihydro-7a-methyl-; Significant New Persons subject to this SNUR would be made after a consideration of all Use Rule comply with the same notice relevant factors including: requirements and EPA regulatory A. The projected volume of AGENCY: Environmental Protection procedures as submitter of PMNs under manufacturing and processing of a Agency (EPA). section 5(a)(1)(A) of TSCA. In particular, chemical substance. ACTION: Final rule. these requirements include the B. The extent to which a use changes information submission requirements of the type or form of exposure of human SUMMARY: EPA is promulgating a section 5(b) and 5(d)(1), the exemptions beings or the environment to a chemical significant new use rule (SNUR) under authorized by section 5 (h)(1), (2), (3), substance. section 5(a)(2) of the Toxic Substances and (5), and the regulations at 40 CFR C. The extent to which a use increases Control Act (TSCA) for the chemical part 720. Once EPA receives a SNUR, the magnitude and duration of exposure substance described as 1H,3H,5H- EPA may take regulatory action under of human beings or the environment to oxazolo [3,4-c] oxazole, dihydro-7a- section 5(e), 5(f), 6, or 7 as appropriate a chemical substance. methyl-, which is the subject of to control the activities for which it has D. The reasonably anticipated manner premanufacture notice (PMN) P–91– received the SNUR. If EPA does not take and methods of manufacturing, 1324. This rule will require certain action, EPA is required under section processing, distribution in commerce, persons who intend to manufacture, 5(g) to explain in the Federal Register and disposal of a chemical substance. import, or process this substance for a its reasons for not taking action. EPA construes the statute to allow significant new use to notify EPA at Persons who intend to export a consideration of any other relevant least 90 days before commencing any substance identified in a proposed or factors, in addition to those enumerated manufacturing or processing activities final SNUR are subject to the export in section 5(a)(2)(A) through (D), for a use designated by this SNUR as a notification provisions of TSCA section because it is not an exclusive list. significant new use. The required notice 12(b). The regulations that interpret V. Applicability of SNUR to Uses would provide EPA with the section 12(b) appear at 40 CFR part 707. Occurring Before Effective Date of the opportunity to evaluate the intended Persons who intend to import a Final SNUR use and, if necessary, to prohibit or limit chemical substance identified in a final that activity before it can occur. SNUR are subject to the TSCA section EPA has decided that the intent of DATES: The effective date of this rule is 13 import certification requirements, section 5(a)(1)(B) is best served by July 17, 1995. This rule shall be which are codified at 19 CFR 12.118 designating a use as a significant new promulgated for purposes of judicial through 12.127 and 127.28. Such use as of the date of proposal rather than review at 1 p.m. (e.s.t.) on June 1, 1995. persons must certify that they are in as of the effective date of the final rule. FOR FURTHER INFORMATION CONTACT: compliance with the SNUR If uses which commence between the Susan B. Hazen, Director, requirements. The EPA policy in proposal date and the effective date of Environmental Assistance Division support of the import certification the final rule were considered ongoing, (7408), Office of Pollution Prevention appears at 40 CFR part 707. rather than new, any person could and Toxics, Environmental Protection defeat the SNUR by initiating a Agency, Rm. EB–543B, 401 M Street, III. Background significant new use before the effective SW., Washington, DC 20460, telephone: EPA published a proposed SNUR for date. This would make it difficult for (202) 554–1404, TDD: (202) 554–0551. the chemical 1H,3H,5H-oxazolo [3,4-c] EPA to establish SNUR notice SUPPLEMENTARY INFORMATION: oxazole, dihydro-7a-methyl- in the requirements. Thus, persons who begin Federal Register of November 2, 1994 at commercial manufacture, import, or I. Authority 59 FR 54874. The background and processing of the substance for uses Section 5(a)(2) of TSCA (15 U.S.C. reasons for the SNUR are set forth in the identified in this SNUR after the date of 2604(a)(2)) authorizes EPA to determine preamble to the proposed SNUR. The the proposed rule will have to cease any that a use of a chemical substance is a proposed SNUR designated exposure to such activity before the effective date of ‘‘significant new use.’’ EPA must make the PMN substance without ocular this rule. To resume their activities, this determination by rule after protection (chemical goggles or such persons would have to comply considering all relevant factors, equivalent eye protection) and any with all applicable SNUR notice including those listed in section 5(a)(2). predictable or purposeful release of the requirements and wait until the notice Once EPA determines that a use of a PMN substance to surface water above review period, including all extensions, chemical substance is a significant new 500 parts per billion (ppb) as significant expires. EPA, not wishing to use, section 5(a)(1)(B) of TSCA requires new uses. The Agency received no unnecessarily disrupt the activities of Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26691 persons who begin commercial Management and Budget (OMB)). Under Dated: May 5, 1995. manufacture, import, or processing of a section 3(f), the Executive Order defines Charles M. Auer, significant new use before the effective a ‘‘significant regulatory action’’ as an Director, Chemical Control Division, Office date of the SNUR, has promulgated action likely to lead to a rule: of Pollution Prevention and Toxics. (1) Having an annual effect on the provisions to allow such persons to Accordingly, 40 CFR part 721 is economy of $100 million or more, or comply with this proposed SNUR before amended as set forth below: it is promulgated. If a person were to adversely and materially affecting a meet the conditions of advance sector of the economy, productivity, PART 721Ð[AMENDED] compliance as codified at § 721.45(h), competition, jobs, the environment, the person would be considered to have public health of safety, or State, local or 1. The authority citation for part 721 met the requirements of the final SNUR tribal governments or communities (also continues to read as follows: for those activities. If persons who begin referred to as ‘‘economically Authority: 15 U.S.C. 2604, 2607, and 2625(c). commercial manufacture, import, or significant’’). processing of the substance between (2) Creating serious inconsistency or 2. By adding new § 721.5540 to proposal and the effective date of the otherwise interfering with an action subpart E to read as follows: final SNUR do not meet the conditions taken or planned by another agency. (3) Materially altering the budgetary § 721.5540 1H,3H,5H-oxazolo [3,4-c] of advance compliance, they must cease oxazole, dihydro-7a-methyl-. that activity before the effective date of impacts of entitlement, grants, user fees, or loan programs or the rights and (a) Chemical substances and the rule. To resume their activities, significant new uses subject to reporting. these persons would have to comply obligations of recipients thereof. (4) Raising novel legal or policy issues (1) The chemical substance identified as with all applicable SNUR notice 1H,3H,5H-oxazolo [3,4-c] oxazole, requirements and wait until the notice arising out of legal mandates, the President’s priorities, or the principles dihydro-7a-methyl- (PMN P–91–1324) is review period, including all extensions, subject to reporting under this section expires. set forth in this Executive Order. Pursuant to the terms of Executive for the significant new uses described in VI. Economic Analysis Order 12866, it has been determined paragraph (a)(2) of this section. (2) The significant new uses are: EPA has evaluated the potential costs that this rule is not ‘‘significant’’ and is therefore not subject to OMB review. (i) Protection in the workplace. of establishing significant new use Requirements as specified in § 721.63 notice requirements for potential B. Regulatory Flexibility Act (a)(2)(iii) and (a)(3). manufacturers, importers, and (ii) Release to water. Requirements as processors of the chemical substance Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), EPA has determined specified in § 721.90 (a)(4), (b)(4), and subject to this rule. EPA’s complete (c)(4) (where N = 500 ppb). economic analysis is available in the that this rule would not have a significant impact on a substantial (b) Specific requirements. The public record for this final rule (OPPTS– provisions of subpart A of this part 50611). number of small businesses. EPA has determined that approximately 10 apply to this section except as modified VII. Rulemaking Record percent of the parties affected by this by this paragraph. (1) Recordkeeping requirements. The rule could be small businesses. EPA has established a record for this following recordkeeping requirements However, EPA expects to receive few rulemaking (docket control number specified in § 721.125 (a), (b), (c), (d), significant new use notices for these OPPTS–50611) which includes (e), and (k) are applicable to substances. Therefore, EPA believes that information considered by the Agency manufacturers, importers, and the number of small businesses affected in developing this rule. The record processors of this substance. includes the following information: by this rule will not be substantial, even (2) Limitations or revocation of 1. The economic analysis of this rule. if all of the SNUR notice submitters certain notification requirements. The 2. The environmental test data review were small firms. provisions of § 721.185 apply to this support document. C. Paperwork Reduction Act section. 3. Issue Summary Report. 4. The Federal Register notice The information collection [FR Doc. 95–12142 Filed 5–17–95; 8:45 am] pertaining to this rule. requirements contained in this rule have BILLING CODE 6560±50±F A public version of the record, been approved by OMB under the without any Confidential Business provisions of the Paperwork Reduction Information, is available in the TSCA Act (44 U.S.C. 3501 et seq.), and have DEPARTMENT OF COMMERCE Nonconfidential Information Center been assigned OMB control number National Oceanic and Atmospheric (NCIC) from 12 noon to 4 p.m., Monday 2070–0012. Public reporting burden for this Administration through Friday, except legal holidays. collection of information is estimated to The TSCA NCIC is located in Rm. NE– vary from 30 to 170 hours per response, 50 CFR Parts 217 and 227 B607, 401 M St., SW., Washington, DC. with an average of 100 hours per [Docket No. 950427119±5314±02; I.D. VIII. Regulatory Assessment response, including time for reviewing 051195A] Requirements instructions, searching existing data RIN 0648±AH98 sources, gathering and maintaining the A. Executive Order 12866 data needed, and completing and Sea Turtle Conservation: Restrictions Under Executive Order 12866 (58 FR reviewing the collection of information. Applicable to Shrimp Trawling 51735, October 4, 1993), the Agency List of Subjects in 40 CFR Part 721 Activities; Modification of Additional must determine whether the regulatory Turtle Excluder Device Requirements action is ‘‘significant’’ and therefore Environmental protection, Chemicals, Within Certain Statistical Zones subject to all the requirements of the Hazardous materials, Reporting and Executive Order (i.e., Regulatory Impact recordkeeping requirements, Significant AGENCY: National Marine Fisheries Analysis, review by the Office of new uses. Service (NMFS), National Oceanic and 26692 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations Atmospheric Administration (NOAA), A complete discussion of sea turtle and to solicit comments on the ERP. Commerce. strandings in Texas was contained in NMFS distributed the ERP widely ACTION: Modification of temporary the temporary requirements (60 FR among shrimp industry and requirements; request for comments. 21741; May 3, 1995), and a summary of environmental organizations strandings is provided here. For the 3 immediately upon the ERP’s completion SUMMARY: NMFS is modifying the consecutive weeks beginning April 9 in March, 1995. In addition, formal temporary requirements effective April and ending April 29, strandings in Zone notice of availability for the ERP was 30, and published on May 3, 1995, to 20 were 3, 3, and 15 turtles per week. published on April 21, 1995 (60 FR protect sea turtles from shrimp trawling Of these 21 turtles, 7 were Kemp’s 19885). Furthermore, NMFS widely activities in some portions of the Gulf of ridleys. In Zone 18 for the same period, distributes weekly reports of stranding Mexico. This modification to the 12, 16, and 6 turtles stranded per week. events and distributed the ERP temporary requirements is being made Of these 34 turtles, 28 were Kemp’s implementation, in which fishermen to ease a burdensome requirement on ridleys. Restrictions to the shrimp were reminded of the specific shrimp trawlers while still providing fishery went into effect on April 30, restrictions that would be implemented protection for sea turtles. The 1995, and in the following week if continued, elevated sea turtle modification partially rescinds the strandings fell to 2 turtles, including 1 strandings occurred. All of the temporary prohibition on the use of try Kemp’s ridley, in Zone 20, but rose to restrictive measures imposed by NMFS nets by shrimp trawlers in the areas 8 turtles, including 5 Kemp’s ridleys in in response to elevated sea turtle subject to the temporary requirements, Zone 18. With the exception of Zone 20 strandings were identified in the ERP unless the try nets are equipped with during the week following and weekly implementation notices. NMFS-approved TEDs other than soft or implementation of the restrictions, all Nonetheless, while NMFS received bottom-opening TEDs, by allowing try these strandings approach or exceed the general comments regarding the nets with a headrope length of 12 feet incidental take levels (ITLs) established necessity of the ERP, only one comment (3.6 m) or less and a footrope length of for those zones. was received from any segment of the 15 feet (4.5 m) or less to be used without The Biological Opinion provides that shrimp industry concerning the a TED installed. All other requirements, conservation measures be implemented potential restrictions discussed in the including the boundary of the affected as mortality levels approach ITLs ERP. This commenter objected to the areas remain unchanged. established in the Incidental Take possible restrictions on soft TEDs and Statement in order to ensure that asked that NMFS assess alternatives for DATES: This action is effective May 12, shrimping is not likely to jeopardize the flap restrictions. The required use of 1995 through 11:59 p.m. (local time) on continued existence of Kemp’s ridley. TEDs in try nets was acceptable and the May 29, 1995. Comments on this action The Biological Opinion specifically commenter stated that many local must be submitted by June 12, 1995. provides that such measures be fishermen already used TEDs in try nets. ADDRESSES: Comments on this action implemented immediately when sea Among the general comments, NMFS and requests for a copy of the turtle takings, indicated or documented, has also received proposals from several environmental assessment (EA) reach 75 percent of the established segments of the shrimp fishery which prepared for this action should be levels. The conservation measures are contain alternative means to limit addressed to the Chief, Endangered intended to allow shrimp fishing to nearshore fishing pressure and resulting Species Division, Office of Protected continue while reducing the likelihood levels of turtle capture. NMFS is Resources, NMFS, 1315 East-West of further sea turtle strandings. The ERP evaluating these proposals and may Highway, Silver Spring, MD 20910. provides further guidance on the nature revise the ERP to incorporate the FOR FURTHER INFORMATION CONTACT: and geographic scope of such measures. alternative conservation measures. Charles A. Oravetz, 813–570–5312, or A description of the sea turtle Since the temporary requirements Russell Bellmer, 301–713–1401. stranding events, temporary have been implemented, however, requirements, and the areas in which NMFS has received numerous SUPPLEMENTARY INFORMATION: they apply are detailed in the temporary comments on this action. These have On April 30, 1995 (60 FR 21741; May requirements (60 FR 21741; May 3, come primarily by telephone and at a 3, 1995), temporary requirements were 1995) and are not repeated here. meeting hosted by shrimp industry placed on shrimp trawling in nearshore Pursuant to 50 CFR representatives and attended by the waters along two sections of the Texas 227.72(e)(2)(ii)(B)(1), try nets of up to 20 NMFS personnel on May 5, 1995. and Louisiana coast in order to conserve feet (6.1 m) in headrope length have Although the official comment period listed species of sea turtles, especially been exempted from the TED for the April 30, 1995 temporary the severely endangered Kemp’s ridley. requirements, because they are only requirements does not end until May 27, These requirements were necessitated intended for use in brief sampling tows 1995, NMFS believes that the by the continued high rates of sea turtle not likely to result in turtle mortality. overwhelming number of comments strandings occurring along areas of the Turtles are, however, caught in try nets, regarding a particular aspect of the Texas coast, and the measures and either through repeated captures or restrictions warrants immediate agency implemented were consistent with long tows, try nets can contribute to the response. NMFS’ November 14, 1994 Biological mortality of sea turtles. Takes of sea Many shrimpers have stated that the Opinion on the shrimp trawl fishery and turtles in try nets, including one prohibition on all try nets without TEDs the NMFS Shrimp Fishery Emergency mortality, have been documented by is unreasonable. Try nets are small nets Response Plan (ERP). The ERP was NMFS, and in the NMFS bycatch that are intended for very short tows— signed by the Assistant Administrator observer program from 1992 through usually less than 15 minutes—to sample for Fisheries, NOAA, (AA) on March 14, 1995, try nets accounted for 43% of the shrimp abundance before or during 1995 and was immediately distributed observed turtle captures. trawling with the main nets. Shrimp widely among industry and fishermen have complained, however, environmental groups. A notice of Preliminary Comments that NMFS has not provided any availability for the ERP was published NMFS made the ERP available to all alternative to the prohibition that would on April 21, 1995 (60 FR 19885). concerned parties for their information allow them to monitor their catch rates Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26693 and catch composition, forcing them to approved TEDs other than soft or with the slope of the deflector bars fish inefficiently, to their own detriment bottom-opening TEDs, as described in upward from forward to aft and with the and that of turtles. NMFS now believes the temporary requirements (60 FR escape opening at the top of the trawl. that the prohibition of all try nets is 21741; May 3, 1995) is being modified 3. Use of try nets with a headrope burdensome and that an alternative and still apply to try nets with a length greater than 12 ft (3.6 m) or a exists that will allow fishermen to work headrope length greater than 12 feet (3.6 footrope length greater than 15 ft (4.5 m) efficiently, while reducing the m) or a footrope length greater than 15 is prohibited unless a NMFS-approved likelihood of turtle entrapment in feet (4.5 m). However, try nets with a top-opening, hard TED or special hard shrimp trawl gear. headrope length of 12 feet (3.6 m) or less TED is installed when the try nets are Alternatives for Try Net Use and a footrope length of 15 feet (4.5 m) rigged for fishing. Try nets with a headrope length 12 ft (3.6 m) or less and Under the existing sea turtle or less may be used without a TED installed. Footrope length is defined in a footrope length 15 ft (4.5 m) or less are conservation regulations, try nets with a exempt from the TED use requirement headrope length of 20 feet (6.1 m) or less 50 CFR 217.12 as ‘‘the distance between the points at which the ends of the in accordance with the specifications of are exempt from the required use of 50 CFR 227.72(e)(2)(ii)(B)(1). TEDs. A 20–foot (6.1–m) headrope try footrope are attached to the trawl net, measured along the forwardmost 4. Use of a webbing flap that net can have a fairly wide spread of 15 completely covers the escape opening in to 16 feet (4.5 to 4.8 m), and its mouth webbing.’’ Headrope length is defined in 50 CFR 217.12 as ‘‘the distance between the trawl is prohibited. Any webbing may open up several feet (approx. 1 m) which is attached to the trawl, forward off the bottom. By attaching extra the points at which the ends of the headrope are attached to the trawl net, of the escape opening, must be cut to a webbing called a ‘‘tongue’’ or a ‘‘bib’’ to length so that the trailing edge of such the center of the headrope and attaching measured along the forewardmost webbing.’’ Any bibs or tongues added to webbing does not approach to within 2 an additional towing wire to this bib, inches (5.1 cm) of the posterior edge of the try net’s mouth can be made to open a net would be included in the measurement and add to overall the TED grid. The requirements for the even higher. These large try nets are size of the escape opening are certainly capable of capturing sea headrope length. This modification to the temporary unchanged. turtles. Indeed, a 20–foot (6.1–m) try net All provisions in 50 CFR 227.72(e), is little different from the 25– and 30– requirement affects only the prohibition relating to try nets. The other including, but not limited to 50 CFR foot (7.6– and 9.1–m) headrope length 227.72(e)(2)(ii)(B)(1) (use of try nets), 50 nets that are commonly used as main prohibitions, the affected area, and the effective dates remain unchanged. For CFR 227.72(e)(4)(iii) (approval of soft trawl nets on smaller trawlers, and TEDs), 50 CFR 227.72(e)(4)(i)(F) clarity, however, all the restrictions in which are subject to TED requirements. (position of escape opening), and 50 effect, including the one modification, The larger try nets are also capable of CFR 227.72(e)(4)(iv)(C) (webbing flap), will be set forth in the requirements retaining larger catches, which may that do not conform to these section below. provide an incentive to tow them for requirements are hereby suspended for longer periods, increasing the Requirements the duration of this action. possibility of lethally taking a sea turtle. This action is authorized by 50 CFR Owners and operators of shrimp NMFS originally allowed the try net 227.72(e)(6). The definitions in 50 CFR trawlers in the area subject to TED exemption based on the 217.12 are applicable to this action, as restrictions that they may be required to presumption that try nets would be well as all relevant provisions in 50 CFR carry a NMFS-approved observer aboard fished for no more than 20–30 minutes. parts 217 and 227. For example, such vessel(s) if selected to do so by the As the size of the try net decreases, so § 227.71(b)(3) provides that it is Director, Southeast Region, NMFS, does the potential for adversely affecting unlawful to fish for or possess fish or (Regional Director) upon written sea turtles. A small try net, with a wildlife contrary to a restriction notification sent to either the address headrope length of 12 feet (3.6 m), specified or issued under § 227.72(e)(3) specified for the vessel registration or would only have a spread of about 8– or (e)(6). documentation purposes, or otherwise 9 feet (2.4–2.7 m) and would only open NMFS hereby notifies owners and served on the owner or operator of the 1–2 feet (0.3–0.6 m) high. Such a net operators of shrimp trawlers (as defined vessel. Shrimp trawlers must comply would also have a very small tail bag to in 50 CFR 217.12) that, starting May 12, with the and conditions specified in accumulate shrimp catch, and there 1995, and ending 11:59 p.m. (local time) such written notification. would be little incentive to use it longer on May 30, 1995, fishing by shrimp Additional Conservation Measures than necessary to monitor shrimp catch trawlers in offshore waters, seaward to The AA may withdraw or modify the rate. NMFS believes that a try net of this 10 nm (18.5 km) from the COLREGS requirement for specific conservation size is less likely to capture a sea turtle, line, along 2 sections of the Texas and measures or any restriction on and is unlikely to be fished long enough Louisiana coast, the first bounded shrimping activities if the AA to kill a turtle if it were captured. This between 27° N. lat. and 28° N. lat. and determines that such action is size net, however, would still be large the second bounded between 95°13′ W. warranted. Notification of any enough for shrimp trawlers to monitor long. and 93°20.5′ W. long., is additional sea turtle conservation their shrimp catch rates. prohibited unless shrimp trawlers measures, including any extension of In order to provide an alternative that comply with the following restrictions this 30-day emergency action, will be will allow fishermen to sample their to the exceptions for incidental taking in published in the Federal Register shrimp catch rates, while providing sea 50 CFR 227.72(e): pursuant to 50 CFR 227.72(e)(6). turtles with needed protection from 1. Use of soft TEDs described in 50 entrapment in shrimp trawl nets, NMFS CFR 227.72(e)(4)(iii) is prohibited. Classification is partially rescinding the prohibition 2. Use of hard TEDs with bottom Because neither section 553 of the on the use of try nets without a top- escape openings and special hard TEDs Administrative Procedure Act (APA), opening, hard TED installed. The with bottom escape openings is nor any other law requires that general temporary prohibition on the use of try prohibited. Approved hard TEDs and notice of proposed rulemaking be nets, unless equipped with NMFS- special hard TEDs must be configured published for this action, and under 26694 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations section 603(b) of the Regulatory SUPPLEMENTARY INFORMATION: The (BSAI). This action is necessary to Flexibility Act, an initial Regulatory groundfish fishery in the GOA exclusive prevent exceeding the sharpchin/ Flexibility Analysis is not required. economic zone is managed by NMFS northern rockfish species category total This action has been determined to be according to the Fishery Management allowable catch (TAC) in the AI. not significant for purposes of E.O. Plan for Groundfish of the Gulf of 12866. Alaska (FMP) prepared by the North EFFECTIVE DATE: 12 noon, Alaska local Pursuant to section 553(b)(B) of the Pacific Fishery Management Council time (A.l.t.), May 17, 1995, until 12 APA, the AA finds there is good cause under authority of the Magnuson midnight, A.l.t., December 31, 1995. to waive prior notice and opportunity to Fishery Conservation and Management FOR FURTHER INFORMATION CONTACT: comment on this action. It is Act. Fishing by U.S. vessels is governed Andrew N. Smoker, 907–586-7228. unnecessary because this action is in by regulations implementing the FMP at response to comments received on the 50 CFR parts 620 and 672. SUPPLEMENTARY INFORMATION: The temporary requirement published May In accordance with groundfish fishery in the BSAI exclusive 3, 1995 (60 FR 21741). It is also § 672.20(f)(1)(ii)(A), the 1995 Pacific economic zone is managed by NMFS impracticable and contrary to the public halibut bycatch allowance apportioned according to the Fishery Management interest because current restrictions to the ‘‘other hook-and-line gear Plan for the Groundfish Fishery of the placed upon fishermen are fishery,’’ which is defined at Bering Sea and Aleutian Islands (FMP) unnecessarily burdensome, and any § 672.20(f)(1)(ii)(B)(3), is 290 metric tons prepared by the North Pacific Fishery delay in this action imposes additional (60 FR 12149, March 6, 1995). Management Council under authority of unnecessary fishing restrictions. The Director, Alaska Region, NMFS, the Magnuson Fishery Conservation and Because this rule relieves a has determined in accordance with Management Act. Fishing by U.S. restriction, under section 553(d) of the § 672.20(f)(3)(ii) that U.S. fishing vessels vessels is governed by regulations APA a 30-day delay in effective date is participating in the ‘‘other hook-and- implementing the FMP at 50 CFR parts not required. line gear fishery’’ have caught the entire 620 and 675. The AA prepared an EA for the final Pacific halibut bycatch allowance for rule (57 FR 57348, December 4, 1992) 1995. Therefore, NMFS is closing the In accordance with § 675.20(a)(7)(ii) requiring TED use in shrimp trawls and entire GOA to directed fishing with the sharpchin/northern rockfish species establishing the 30-day notice hook-and-line gear for each species and/ category TAC for the AI was established procedures. An EA has been prepared or species group composing the ‘‘other by the final groundfish specifications for this action. Copies of the EA and the hook-and-line gear fishery’’. (60 FR 8479, February 14, 1995) as 4,338 supplemental EA are available (see Directed fishing standards for metric tons (mt). ADDRESSES). applicable gear types may be found in The Director, Alaska Region, NMFS Dated: May 12, 1995. the regulations at § 672.20(g). (Regional Director), has determined, in Gary Matlock, Classification accordance with § 675.20(a)(8), that the sharpchin/northern rockfish species Program Management Officer, National This action is taken under 50 CFR Marine Fisheries Service. category TAC in the AI soon will be 672.20 and is exempt from OMB review reached. Therefore, the Regional [FR Doc. 95–12180 Filed 5–12–95; 3:47 pm] under E.O. 12866. BILLING CODE 3510±22±F Director has established a directed Authority: 16 U.S.C. 1801 et seq. fishing allowance of 4,038 mt, with Dated: May 12, 1995. consideration that 300 mt will be taken 50 CFR Part 672 Richard W. Surdi, as incidental catch in directed fishing Acting Director, Office of Fisheries for other species in the AI. The Regional [Docket No. 95020641±5041±01; I.D. Conservation and Management, National Director has determined that the 050495A] Marine Fisheries Service. directed fishing allowance has been [FR Doc. 95–12212 Filed 5–17–95; 8:45 am] reached. Consequently, NMFS is Groundfish of the Gulf of Alaska; BILLING CODE 3510±22±F prohibiting directed fishing for the Vessels Using Hook-and-Line Gear sharpchin/northern rockfish species AGENCY: National Marine Fisheries category in the AI. 50 CFR Part 675 Service (NMFS), National Oceanic and Directed fishing standards for Atmospheric Administration (NOAA), [Docket No. 950206040±5040±01; I.D. applicable gear types may be found in Commerce. 051595C] the regulations at § 675.20(h). ACTION: Closure. Groundfish of the Bering Sea and Classification SUMMARY: NMFS is closing the entire Aleutian Islands Area; Sharpchin/ Gulf of Alaska (GOA) to directed fishing Northern Rockfish Species Category in This action is taken under 50 CFR with hook-and-line gear for all species the Aleutian Islands Subarea 675.20 and is exempt from review under that compose the ‘‘other hook-and-line E.O. 12866. AGENCY: National Marine Fisheries gear fishery’’. This action is necessary Service (NMFS), National Oceanic and Authority: 16 U.S.C. 1801 et seq. because the bycatch allowance of Pacific Atmospheric Administration (NOAA), Dated: May 15, 1995. halibut apportioned to the ‘‘other hook- Commerce. and-line gear fishery’’ in the GOA for Richard W. Surdi, the 1995 fishing year has been caught. ACTION: Closure. Acting Director, Office of Fisheries Conservation and Management, National EFFECTIVE DATE: 12 noon, Alaska local SUMMARY: NMFS is closing the directed Marine Fisheries Service. time (A.l.t.), May 18, 1995, until 12 fishery for the sharpchin/northern [FR Doc. 95–12276 Filed 5–15–95; 2:15 pm] midnight, A.l.t., December 31, 1995. rockfish species category in the Aleutian FOR FURTHER INFORMATION CONTACT: Islands subarea (AI) of the Bering Sea BILLING CODE 3510±22±F Andrew N. Smoker, 907–586-7228. and Aleutian Islands management area Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26695 50 CFR Part 675 fishing for other species in the BS. The SUPPLEMENTARY INFORMATION: The Regional Director has determined that groundfish fishery in the BSAI exclusive [Docket No. 950206040±5040±01; I.D. 051595B] the directed fishing allowance has been economic zone is managed by NMFS reached. Consequently, NMFS is according to the Fishery Management Groundfish of the Bering Sea and prohibiting directed fishing for Plan for the Groundfish Fishery of the Aleutian Islands Area; Greenland Greenland turbot in the BS. Bering Sea and Aleutian Islands Area Turbot in the Bering Sea Subarea Directed fishing standards for (FMP) prepared by the North Pacific applicable gear types may be found in Fishery Management Council under AGENCY: National Marine Fisheries the regulations at § 675.20(h). authority of the Magnuson Fishery Service (NMFS), National Oceanic and Conservation and Management Act. Classification Atmospheric Administration (NOAA), Fishing by U.S. vessels is governed by Commerce. This action is taken under § 675.20 regulations implementing the FMP at 50 ACTION: Closure. and is exempt from review under E.O. CFR parts 620 and 675. 12866. SUMMARY: NMFS is closing the directed In accordance with § 675.20(a)(7)(ii) fishery for Greenland turbot in the Authority: 16 U.S.C. 1801 et seq. the Atka mackerel total allowable catch Bering Sea subarea (BS) of the Bering Dated: May 15, 1995. (TAC) for the Western Aleutian District Sea and Aleutian Islands management Richard W. Surdi, was established by the final initial groundfish specifications (60 FR 8479, area (BSAI). This action is necessary to Acting Director, Office of Fisheries prevent exceeding the Greenland turbot Conservation and Management, National February 14, 1995) as 14,025 metric tons total allowable catch (TAC) in that Marine Fisheries Service. (mt). subarea. [FR Doc. 95–12277 Filed 5–15–95; 2:15 pm] The Director, Alaska Region, NMFS EFFECTIVE DATE: 12 noon, Alaska local BILLING CODE 3510±22±F (Regional Director), has determined, in time (A.l.t.), May 15, 1995, until 12 accordance with § 675.20(a)(8), that the midnight, A.l.t., December 31, 1995. Atka mackerel TAC in the Western FOR FURTHER INFORMATION CONTACT: 50 CFR Part 675 Aleutian District soon will be reached. Therefore, the Regional Director has Andrew N. Smoker, 907–586-7228. [Docket No. 950206040±5040±01; I.D. SUPPLEMENTARY INFORMATION: The 051595A] established a directed fishing allowance groundfish fishery in the BSAI exclusive of 13,025 mt after determining that economic zone is managed by NMFS Groundfish of the Bering Sea and 1,000 mt will be taken as incidental according to the Fishery Management Aleutian Islands Area; Atka Mackerel in catch in directed fishing for other Plan for the Groundfish Fishery of the the Western Aleutian District species in the Western Aleutian District. Bering Sea and Aleutian Islands Area Consequently, NMFS is prohibiting AGENCY: National Marine Fisheries (FMP) prepared by the North Pacific directed fishing for Atka mackerel in the Service (NMFS), National Oceanic and Fishery Management Council under Western Aleutian District. Atmospheric Administration (NOAA), authority of the Magnuson Fishery Directed fishing standards for Commerce. Conservation and Management Act. applicable gear types may be found in Fishing by U.S. vessels is governed by ACTION: Closure. the regulations at § 675.20(h). regulations implementing the FMP at 50 SUMMARY: NMFS is closing the directed Classification CFR parts 620 and 675. fishery for Atka mackerel in the Western In accordance with § 675.20(a)(7)(ii), Aleutian District of the Bering Sea and This action is taken under § 675.20 the Greenland turbot TAC for the BS Aleutian Islands management area and is exempt from review under E.O. was established by the notification of (BSAI). This action is necessary to 12866. 1995 final specifications (60 FR 8479, prevent exceeding the final groundfish Authority: 16 U.S.C. 1801 et seq. February 14, 1995) as 3,969 metric tons specification of Atka mackerel in that (mt). Dated: May 15, 1995. In accordance with § 675.20(a)(8), the area. Richard W. Surdi, Director of the Alaska Region, NMFS EFFECTIVE DATE: 12 noon, Alaska local Acting Director, Office of Fisheries (Regional Director), has established a time (A.l.t.), May 15, 1995, until 12 Conservation and Management, National directed fishing allowance of 2,669 mt, midnight, A.l.t., December 31, 1995. Marine Fisheries Service. with consideration that 1,300 mt will be FOR FURTHER INFORMATION CONTACT: [FR Doc. 95–12278 Filed 5–15–95; 2:15 pm] taken as incidental catch in directed Andrew N. Smoker, 907–586-7228. BILLING CODE 3510±22±F 26696 Proposed Rules Federal Register Vol. 60, No. 96 Thursday, May 18, 1995 This section of the FEDERAL REGISTER services are currently provided at 10 have sufficient federalism implications contains notices to the public of the proposed different sites. However, current to warrant the preparation of a issuance of rules and regulations. The regulations only address preinspection Federalism Assessment. purpose of these notices is to give interested of aircraft and vessels in contiguous persons an opportunity to participate in the territory and adjacent islands (8 CFR Executive Order 12606 rule making prior to the adoption of the final part 235.5). This proposed rule would rules. The Commissioner of the Immigration amend current regulations by allowing and Naturalization Service, certifies that preinspection in any foreign territory, she has assessed this rule in light of the DEPARTMENT OF JUSTICE not just contiguous territory and adjacent islands. This proposed rule criteria in Executive Order 12606 and Immigration and Naturalization Service also provides for the preinspection of has determined that this regulation will passengers on trains. Since the scope of not have an impact on family well- 8 CFR Part 235 this rule is primarily administrative in being. [INS No. 1698±95] nature, and because these proposed List of Subjects in 8 CFR Part 235 changes will provide a benefit to both RIN 1115±AD98 the travelling public and the travel Administrative practice and industry, the Service would like to procedures, Air carriers, Aliens, Preinspection Services for Aircraft, implement the program as expeditiously Immigration, Reporting and record Vessels, and Trains Outside the United as possible. Therefore, the comment keeping requirements. States period has been limited to 30 days. Accordingly, part 235 of chapter I of AGENCY: Immigration and Naturalization Regulatory Flexibility Act title 8 of the Code of Federal Service, Justice. The Commissioner of the Immigration Regulations is proposed to be amended ACTION: Proposed rule. and Naturalization Service, in as follows: accordance with the Regulatory SUMMARY: This rule proposes to amend Flexibility Act (5 U.S.C. 605(b)), has PART 235ÐINSPECTION OF PERSONS the Immigration and Naturalization reviewed this regulation and, by APPLYING FOR ADMISSION Service’s (the Service) regulations by approving it, certifies that this rule will expanding the Service’s preinspection not have a significant economic impact 1. The authority citation for part 235 program to permit preinspection of on a substantial number of small continues to read as follows: passengers coming from places other entities. The Service’s inspection and than foreign contiguous territory and Authority: 8 U.S.C. 1101, 1103, 1182, 1183, examination of persons in order to 1201, 1224, 1225, 1226, 1227, 1228, 1252. adjacent islands. This proposed rule determine their admissibility to the would also permit the preinspection of United States is required by statute. 2. In § 235.5, paragraph (b) is revised railroad passengers. These proposed Preinspection provides inspectional to read as follows: actions will facilitate travel to the services in foreign airports outside the United States. United States, is instituted at the request § 235.5 Preinspection. DATES: Written comments must be of the host government, and is * * * * * submitted on or before June 19, 1995. considered a benefit because it (b) In Foreign territory. In the case of ADDRESSES: Please submit written facilitates passengers’ admission into the United States. any aircraft, vessel, or train proceeding comments, in triplicate, to the Director, directly, without stopping, from a port Policy Directives and Instructions Executive Order 12866 or place in foreign territory to a Port-of- Branch, Immigration and Naturalization Entry in the United States, the Service, 425 I Street, NW., Room 5307, This rule is not considered by the Washington, DC 20536. To ensure Department of Justice, Immigration and examination and inspection of proper handling please reference INS Naturalization Service, to be a passengers and crew required by the Act number 1698–95 on your ‘‘significant regulatory action’’ under and final determination of admissibility correspondence. Executive Order 12866, section 3(f), may be made immediately prior to such Regulatory Planning and Review, and departure at the port or place in foreign FOR FURTHER INFORMATION CONTACT: the Office of Management and Budget Una Brien, Assistant Chief Inspector, territory and shall have the same effect has waived its review process under under the Act as though made at the Office of Inspections, 425 I Street, NW., section 6(a)(3)(A). Room 7228, Washington, DC 20536, destined Port-of-Entry in the United telephone (202) 514–2681. Executive Order 12612 States. SUPPLEMENTARY INFORMATION: The regulations adopted herein will Dated: April 10, 1995. Preinspection is the procedure whereby not have substantial direct effects on the Doris Meissner, the Service conducts, in the host States, on the relationship between the Commissioner, Immigration and country, inspection of passengers and National Government and the States, or Naturalization Service. crewmembers as required by United on the distribution of power and [FR Doc. 95–12271 Filed 5–17–95; 8:45 am] States immigration and public health responsibilities among the various BILLING CODE 4410±10±M laws and regulations for entry into the levels of government. Therefore, in United States. First established at accordance with Executive Order 12612, Toronto, Canada, in 1952, preinspection it is determined that this rule does not Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26697 DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: allow a longer interval for repetitive Comments Invited inspection than was previously Federal Aviation Administration provided by AD 93–16–08. That NPRM Interested persons are invited to was prompted by the development of 14 CFR Part 39 participate in the making of the new 15–5PH corrosion-resistant steel proposed rule by submitting such fuse pins. Cracking of the midspar fuse [Docket No. 94±NM±71±AD] written data, views, or arguments as pins, if not detected and corrected in a they may desire. Communications shall timely manner, could result in Airworthiness Directives; Boeing identify the Rules Docket number and separation of the strut and engine from Model 757 Series Airplanes Equipped be submitted in triplicate to the address the wing of the airplane. with Rolls Royce Engines specified above. All communications Interested persons have been afforded received on or before the closing date an opportunity to participate in the AGENCY: Federal Aviation for comments, specified above, will be making of this amendment. Due Administration, DOT. considered before taking action on the consideration has been given to the ACTION: Supplemental notice of proposed rule. The proposals contained comments received. proposed rulemaking; reopening of in this notice may be changed in light One commenter requests that the comment period. of the comments received. proposal be revised to include repetitive Comments are specifically invited on inspections of refinished straight fuse SUMMARY: This document revises an the overall regulatory, economic, pins. The commenter asserts that these earlier proposed airworthiness directive environmental, and energy aspects of pins should be inspected repetitively (AD), applicable to certain Boeing the proposed rule. All comments until cracking is found, at which time Model 757 series airplanes, that would submitted will be available, both before they should be replaced with the new have required inspection of certain fuse and after the closing date for comments, 15–5PH fuse pins. The FAA concurs. pins, and replacement of certain fuse in the Rules Docket for examination by The FAA’s intent was to continue the pins with certain other fuse pins. That interested persons. A report requirements of AD 93–16–08 to inspect proposal was prompted by the summarizing each FAA-public contact repetitively currently installed development of new corrosion-resistant concerned with the substance of this refinished straight fuse pins. However, steel fuse pins. This action revises the proposal will be filed in the Rules this requirement was inadvertently proposed rule by including Docket. excluded; therefore, a new paragraph (b) requirements for inspections of Commenters wishing the FAA to has been added to this supplemental refinished straight fuse pins, and acknowledge receipt of their comments NPRM. replacement of cracked refinished submitted in response to this notice [All paragraphs subsequent to straight fuse pins with certain other must submit a self-addressed, stamped paragraph (b) have been redesignated in straight fuse pins. The actions specified postcard on which the following this supplemental NPRM to by this proposed AD are intended to statement is made: ‘‘Comments to accommodate the new paragraph (b); see prevent cracking of the midspar fuse Docket Number 94–NM–71–AD.’’ The discussion, above.] pins, which may lead to separation of postcard will be date stamped and One commenter requests that the the strut and engine from the wing of returned to the commenter. proposed requirement in paragraph (b) the airplane. to replace the bulkhead fuse pins within Availability of NPRMs 90 days be extended to 3,000 flight DATES: Comments must be received by cycles. The commenter notes that there June 9, 1995. Any person may obtain a copy of this NPRM by submitting a request to the have been no reports of cracking or ADDRESSES: Submit comments in FAA, Transport Airplane Directorate, corrosion on 68 bulkhead fuse pins that triplicate to the Federal Aviation ANM–103, Attention: Rules Docket No. had accumulated between 4,500 and Administration (FAA), Transport 94–NM–71–AD, 1601 Lind Avenue, 6,000 flight cycles. Further, the Airplane Directorate, ANM–103, SW., Renton, Washington 98055–4056. commenter states that its suggested Attention: Rules Docket No. 94–NM– 3,000-flight cycle compliance time will 71–AD, 1601 Lind Avenue, SW., Discussion not adversely affect safety, since test Renton, Washington 98055–4056. A proposal to amend part 39 of the results indicate that these fuse pins will Comments may be inspected at this Federal Aviation Regulations (14 CFR maintain limit load beyond 5,000 flight location between 9:00 a.m. and 3:00 part 39) to add an airworthiness cycles after the detection of an initial p.m., Monday through Friday, except directive (AD), applicable to certain crack. Additionally, the commenter Federal holidays. Boeing Model 757 series airplanes, was asserts that the fail-safe capability of the The service information referenced in published as a notice of proposed strut on Model 757 series airplanes can the proposed rule may be obtained from rulemaking (NPRM) in the Federal withstand full limit load with a total Boeing Commercial Airplane Group, Register on August 9, 1994 (59 FR failure (i.e., failure of both shear planes) P.O. Box 3707, Seattle, Washington 40488). That NPRM would have of the midspar fuse pin. Finally, the 98124–2207. This information may be superseded AD 93–16–08, amendment commenter points out that the proposed examined at the FAA, Transport 39–8665 (58 FR 45041, August 26, 90-day compliance time is inconsistent Airplane Directorate, 1601 Lind 1993), to require inspection of straight with that of a similar AD that requires Avenue, SW., Renton, Washington. fuse pins, replacement of cracked inspections/replacement of the FOR FURTHER INFORMATION CONTACT: straight fuse pins with either new 15– bulkhead fuse pins on Model 747 series Carrie Sumner, Aerospace Engineer, 5PH corrosion-resistant steel fuse pins airplanes. Airframe Branch, ANM–120S, FAA, or like pins, replacement of bulkhead The FAA concurs. The FAA has Transport Airplane Directorate, Seattle fuse pins with new 15–5PH corrosion- reviewed the test data submitted by this Aircraft Certification Office, 1601 Lind resistant steel fuse pins, and repetitive commenter and has determined that Avenue, SW., Renton, Washington inspections of newly installed fuse pins. extending the compliance time of 98055–4056; telephone (206) 227–2778; Installation of the new 15–5PH paragraph (c) of the supplemental fax (206) 227–1181. corrosion-resistant steel fuse pins would NPRM to 3,000 flight cycles will not 26698 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules adversely affect safety. The FAA finds of fuse pins on the same strut, since airplane. Based on these figures, the that the strut of Model 757 series double shear load of the fuse pin total cost impact of these inspections on airplanes has fail-safe capability and can depends upon the type of fuse pin. U.S. operators is estimated to be withstand full limit load, even with Therefore, a steel fuse pin having part $228,480, or $1,920 per airplane, per total failure of a midspar fuse pin. number (P/N) 311N5067–1 may not be cycle. However, since the integrity and Since issuance of the proposal, the installed on the same strut that has a strength of the new steel fuse pins FAA has found that the proposed corrosion-resistant steel (CRES) fuse pin permit longer inspection intervals, the repetitive inspection interval of 3,000 having P/N 311N5217–1 installed on cost impact for these inspections would flight cycles for inspection of the new that strut. However, each strut must actually be lessened because the 15–5PH fuse pins may not coincide with have fuse pins of the same type, which proposed inspections are not required to operators’ regularly scheduled may differ from fuse pins on another be performed as frequently as currently maintenance visits. The FAA finds that strut. A new paragraph (e) has been required by AD 93–16–08. extending the compliance time by 500 added to this supplemental notice to The proposed replacement would take additional flight cycles will not clarify the proposed replacement approximately 56 work hours per fuse adversely affect safety, and will allow requirement. pin at an average labor rate of $60 per the modification to be performed at a The FAA has recently reviewed the work hour. Required parts would be base during regularly scheduled figures it has used over the past several provided by the manufacturer at no cost maintenance where special equipment years in calculating the economic to the operator. Based on these figures, and trained maintenance personnel will impact of AD activity. In order to the total cost impact of the proposed be available if necessary. Therefore, account for various inflationary costs in replacement on U.S. operators is paragraphs (a)(2)(ii), (d)(1), and (d)(2)(ii) the airline industry, the FAA has estimated to be $1,599,360, or $13,440 of the supplemental notice have been determined that it is necessary to per airplane. revised to specify a repetitive inspection increase the labor rate used in these The total cost impact figure discussed interval of 3,500 flight cycles for calculations from $55 per work hour to above is based on assumptions that no inspection of the new 15–5PH $60 per work hour. The economic operator has yet accomplished any of corrosion-resistant steel fuse pins. impact information, below, has been the proposed requirements of this AD Additionally, the newly added revised to reflect this increase in the action, and that no operator would paragraph (b)(2)(iii) of this specified hourly labor rate. accomplish those actions in the future if supplemental NPRM, specifies a As a result of recent communications this AD were not adopted. repetitive interval of 3,500 flight cycles with the Air Transport Association The FAA recognizes that the for inspection of refinished straight fuse (ATA) of America, the FAA has learned obligation to maintain aircraft in an pins. [Paragraph (c) of the proposal has that, in general, some operators may airworthy condition is vital, but been redesignated as paragraph (d) of misunderstand the legal effect of AD’s sometimes expensive. Because AD’s this supplemental NPRM; see on airplanes that are identified in the require specific actions to address discussion, above.] applicability provision of the AD, but specific unsafe conditions, they appear Further, since issuance of the that have been altered or repaired in the to impose costs that would not proposal, the FAA has found that area addressed by the AD. The FAA otherwise be borne by operators. Boeing Service Bulletin 757–54A0020, points out that all airplanes identified in However, because of the general Revision 5, dated March 17, 1994 the applicability provision of an AD are obligation of operators to maintain (which is referenced in the proposal as legally subject to the AD. If an airplane aircraft in an airworthy condition, this the appropriate source of service has been altered or repaired in the appearance is deceptive. Attributing information), does not describe affected area in such a way as to affect those costs solely to the issuance of this procedures for eddy current inspections compliance with the AD, the owner or AD is unrealistic because, in the interest of the new 15–5PH corrosion-resistant operator is required to obtain FAA of maintaining safe aircraft, most steel fuse pins. However, that service approval for an alternative method of prudent operators would accomplish bulletin does describe eddy current compliance with the AD, in accordance the required actions even if they were inspection procedures for the old style with the paragraph of each AD that not required to do so by the AD. fuse pins, part number 311N5067–1, provides for such approvals. A note has A full cost-benefit analysis has not and the FAA finds that these procedures been included in this supplemental been accomplished for this proposed are also applicable to the new 15–5PH notice to clarify this long-standing AD. As a matter of law, in order to be fuse pins. Therefore, paragraphs requirement. airworthy, an aircraft must conform to (a)(2)(ii), (b)(2)(iii), and (d)(2)(ii) of this Since these changes expand the scope its type design and be in a condition for supplemental NPRM have been revised of the originally proposed rule, the FAA safe operation. The type design is to reference the procedures described in has determined that it is necessary to approved only after the FAA makes a the service bulletin to perform the eddy reopen the comment period to provide determination that it complies with all current inspections of the new 15–5PH additional opportunity for public applicable airworthiness requirements. corrosion-resistant steel fuse pins. comment. In adopting and maintaining those The FAA has reviewed and There are approximately 306 Model requirements, the FAA has already reconsidered the replacement 757 series airplanes equipped with Rolls made the determination that they requirements that were proposed in the Royce engines of the affected design in establish a level of safety that is cost- original NPRM. The FAA finds that the worldwide fleet. The FAA estimates beneficial. When the FAA, as in this confusion may exist concerning whether that 119 airplanes of U.S. registry would proposed AD, makes a finding of an straight fuse pins may be replaced be affected by this proposed AD. unsafe condition, this means that this independently of the other fuse pin on The inspections that were previously cost-beneficial level of safety is no the same strut when only one fuse pin required by AD 93–16–08, and retained longer being achieved and that the is cracked. It is not the FAA’s intent to in this supplemental proposal take proposed actions are necessary to require replacement of uncracked fuse approximately 8 work hours per fuse restore that level of safety. Because this pins. However, the FAA has determined pin at an average labor rate is $60 per level of safety has already been that it is unacceptable to mix the types work hour. There are 4 fuse pins per determined to be cost-beneficial, a full Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26699 cost-benefit analysis for this proposed subject to the requirements of this AD. For (1) If no cracking is detected, repeat the AD would be redundant and airplanes that have been modified, altered, or inspection thereafter at intervals not to unnecessary. repaired so that the performance of the exceed 1,500 flight cycles on the refinished The regulations proposed herein requirements of this AD is affected, the straight fuse pin. owner/operator must use the authority (2) If any cracking is detected, prior to would not have substantial direct effects provided in paragraph (f) to request approval further flight, accomplish the requirements of on the States, on the relationship from the FAA. This approval may address paragraph (b)(2)(i), (b)(2)(ii), or (b)(2)(iii) of between the national government and either no action, if the current configuration this AD, in accordance with the service the States, or on the distribution of eliminates the unsafe condition; or different bulletin. power and responsibilities among the actions necessary to address the unsafe (i) Replace the cracked refinished straight various levels of government. Therefore, condition described in this AD. Such a fuse pin with a crack-free refinished straight in accordance with Executive Order request should include an assessment of the fuse pin, P/N 311N5067–1, and perform an 12612, it is determined that this effect of the changed configuration on the eddy current inspection to detect cracking in unsafe condition addressed by this AD. In no the refinished straight fuse pin at intervals proposal would not have sufficient case does the presence of any modification, not to exceed 1,500 flight cycles, in federalism implications to warrant the alteration, or repair remove any airplane from accordance with the procedures described in preparation of a Federalism Assessment. the applicability of this AD. the service bulletin. Or For the reasons discussed above, I Compliance: Required as indicated, unless (ii) Replace the cracked refinished straight certify that this proposed regulation (1) accomplished previously. fuse pin with a new straight fuse pin, P/N 311N5067–1, and prior to the accumulation is not a ‘‘significant regulatory action’’ Note 2: Inspections accomplished prior to under Executive Order 12866; (2) is not of 5,000 total flight cycles on the newly the effective date of this amendment in installed straight fuse pin, perform an eddy a ‘‘significant rule’’ under the DOT accordance with the procedures described in current inspection, in accordance with the Regulatory Policies and Procedures (44 Boeing Service Bulletin 757–54A0020, service bulletin. Repeat the inspection FR 11034, February 26, 1979); and (3) if Revision 4, dated May 27, 1993; Revision 3, thereafter at intervals not to exceed 1,500 promulgated, will not have a significant dated March 26, 1992; or Revision 2, dated flight cycles on the newly installed straight economic impact, positive or negative, October 31, 1991; are considered acceptable fuse pin. Or on a substantial number of small entities for compliance with the applicable (iii) Replace the cracked refinished straight inspection specified in this amendment. under the criteria of the Regulatory fuse pin with a new 15–5PH fuse pin, P/N Flexibility Act. A copy of the draft To prevent cracking of the midspar fuse 311N5217–1, and prior to the accumulation pins, which may lead to separation of the of 14,000 total flight cycles on the newly regulatory evaluation prepared for this strut and engine from the wing of the installed 15–5PH fuse pin, perform an eddy action is contained in the Rules Docket. airplane, accomplish the following: current inspection to detect cracking in the A copy of it may be obtained by (a) For airplanes equipped with straight newly installed pin, in accordance with the contacting the Rules Docket at the fuse pins, part number (P/N) 311N5067–1: procedures described in the service bulletin. location provided under the caption Prior to the accumulation of 5,000 total flight Repeat the inspection thereafter at intervals ADDRESSES. cycles on the straight fuse pin, perform an not to exceed 3,500 flight cycles on the newly eddy current inspection to detect cracking in installed fuse pin. List of Subjects in 14 CFR Part 39 those fuse pins, in accordance with Boeing (c) For airplanes equipped with bulkhead Air transportation, Aircraft, Aviation Service Bulletin 757–54A0020, Revision 5, fuse pins, P/N 311N5211–1: Within 3,000 dated March 17, 1994. flight cycles after the effective date of this safety, Safety. (1) If no cracking is detected, repeat the AD, replace the bulkhead fuse pins with 15– The Proposed Amendment inspection thereafter at intervals not to 5PH fuse pins, P/N 311N5217–1, in exceed 1,500 flight cycles on the straight fuse accordance with Boeing Service Bulletin Accordingly, pursuant to the pin. 757–54A0020, Revision 5, dated March 17, authority delegated to me by the (2) If any cracking is detected, prior to 1994, and accomplish the requirements of Administrator, the Federal Aviation further flight, accomplish the requirements of paragraph (d) of this AD. Administration proposes to amend part either paragraph (a)(2)(i) or (a)(2)(ii) of this (d) For airplanes equipped with 15–5PH 39 of the Federal Aviation Regulations AD. fuse pins: Prior to the accumulation of 14,000 (14 CFR part 39) as follows: (i) Replace the cracked straight fuse pin total flight cycles on the 15–5PH fuse pins, with a new straight fuse pin, P/N 311N5067– perform an eddy current inspection to detect PART 39ÐAIRWORTHINESS 1, and prior to the accumulation of 5,000 cracking in those fuse pins, in accordance DIRECTIVES total flight cycles on the newly installed with the procedures described in Boeing straight fuse pin, perform an eddy current Service Bulletin 757–54A0020, Revision 5, 1. The authority citation for part 39 inspection, in accordance with the service dated March 17, 1994. continues to read as follows: bulletin. Repeat the inspection thereafter at (1) If no cracking is detected, repeat the intervals not to exceed 1,500 flight cycles on inspection thereafter at intervals not to Authority: 49 U.S.C. App. 1354(a), 1421 the newly installed straight fuse pin. Or exceed 3,500 flight cycles on the fuse pin. and 1423; 49 U.S.C. 106(g); and 14 CFR (ii) Replace the cracked straight fuse pin (2) If any cracking is detected, accomplish 11.89. with a new 15–5PH fuse pin, P/N 311N5217– the requirements of paragraphs (d)(2)(i) and § 39.13 [Amended] 1, and prior to the accumulation of 14,000 (d)(2)(ii) of this AD. total flight cycles on the newly installed 15– (i) Prior to further flight, replace any 2. Section 39.13 is amended by 5PH fuse pin, perform an eddy current cracked 15–5PH fuse pin with a new 15–5PH removing amendment 39–8665 (58 FR inspection to detect cracking in the newly fuse pin, P/N 311N5217–1, in accordance 45041, August 26, 1993), and by adding installed pin, in accordance with the with the procedures described in the service a new airworthiness directive (AD), to procedures described in the service bulletin. bulletin. And read as follows: Repeat the inspection thereafter at intervals (ii) Prior to the accumulation of 14,000 not to exceed 3,500 flight cycles on the newly total flight cycles on the newly installed 15– Boeing: Docket 94–NM–71–AD. Supersedes installed fuse pin. 5PH fuse pin, perform an eddy current AD 93–16–08, Amendment 39–8665. (b) For airplanes equipped with refinished inspection to detect cracking in the newly Applicability: Model 757 series airplanes straight fuse pins, P/N 311N5067–1: Perform installed pin, in accordance with the equipped with Rolls Royce engines, an eddy current inspection to detect cracking procedures described in the service bulletin. certificated in any category. in those fuse pins at intervals not to exceed Repeat the inspection thereafter at intervals Note 1: This AD applies to each airplane 1,500 flight cycles on the refinished fuse not to exceed 3,500 flight cycles on the newly identified in the preceding applicability pins, in accordance with Boeing Service installed fuse pin. provision, regardless of whether it has been Bulletin 757–54A0020, Revision 5, dated (e) Fuse pins must be of the same type on modified, altered, or repaired in the area March 17, 1994. the same strut. For example, a steel fuse pin 26700 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules having P/N 311N5067–1 may not be installed by the development of a modification, proposal will be filed in the Rules on the same strut that has a corrosion- which, when installed, will positively Docket. resistant steel (CRES) fuse pin having P/N address the identified unsafe condition. Commenters wishing the FAA to 311N5217–1 installed on that strut. However, The actions specified by the proposed fuse pins on one strut may differ from those acknowledge receipt of their comments on another strut, provided the fuse pins are AD are intended to prevent loss of submitted in response to this notice not of mixed types on the same strut. rudder control due to stress corrosion of must submit a self-addressed, stamped (f) An alternative method of compliance or the rudder control quadrant. postcard on which the following adjustment of the compliance time that DATES: Comments must be received by statement is made: ‘‘Comments to provides an acceptable level of safety may be June 19, 1995. Docket Number 95–NM–18–AD.’’ The used if approved by the Manager, Seattle postcard will be date stamped and ADDRESSES: Submit comments in Aircraft Certification Office (ACO), FAA, returned to the commenter. Transport Airplane Directorate. Operators triplicate to the Federal Aviation shall submit their requests through an Administration (FAA), Transport Availability of NPRMs appropriate FAA Principal Maintenance Airplane Directorate, ANM–103, Any person may obtain a copy of this Inspector, who may add comments and then Attention: Rules Docket No. 95–NM– NPRM by submitting a request to the send it to the Manager, Seattle ACO. 18–AD, 1601 Lind Avenue, SW., FAA, Transport Airplane Directorate, Note 3: Information concerning the Renton, Washington 98055–4056. ANM–103, Attention: Rules Docket No. existence of approved alternative methods of Comments may be inspected at this compliance with this AD, if any, may be 95–NM–18–AD, 1601 Lind Avenue, location between 9:00 a.m. and 3:00 obtained from the Seattle ACO. SW., Renton, Washington 98055–4056. p.m., Monday through Friday, except (g) Special flight permits may be issued in Federal holidays. accordance with §§ 21.197 and 21.199 of the Discussion Federal Aviation Regulations (14 CFR 21.197 The service information referenced in On November 1, 1993, the FAA issued and 21.199) to operate the airplane to a the proposed rule may be obtained from AD 93–22–04, amendment 39–8729 (58 location where the requirements of this AD Canadair, Aerospace Group, P.O. Box FR 59161, November 8, 1993), which is can be accomplished. 6087, Station Centre-ville, Quebec H3C applicable to certain Bombardier Model Issued in Renton, Washington, on May 12, 3G9, Canada. This information may be CL–600–1A11 (CL–600), CL–600–2A12 1995. examined at the FAA, Transport (CL–601), CL–600–2B16 (CL–601–3A Darrell M. Pederson, Airplane Directorate, 1601 Lind and –3R), and CL–600–2B19 (Regional Acting Manager, Transport Airplane Avenue, SW., Renton, Washington; or at Jet Series 100) series airplanes. That AD Directorate, Aircraft Certification Service. the FAA, Engine and Propeller requires a one-time ultrasonic or [FR Doc. 95–12207 Filed 5–17–95; 8:45 am] Directorate, New York Aircraft fluorescent penetrant inspection to Certification Office, 10 Fifth Street, BILLING CODE 4910±13±U detect cracking in the rudder control Third Floor, Valley Stream, New York. quadrant; replacement of any cracked FOR FURTHER INFORMATION CONTACT: quadrant with a new assembly; and 14 CFR Part 39 Franco Pieri, Aerospace Engineer, retorquing of the castellated nut, as [Docket No. 95±NM±18±AD] Airframe Branch, ANE–172, FAA, necessary. That action was prompted by Engine and Propeller Directorate, New a report of an in-flight failure of a Airworthiness Directives; Bombardier York Aircraft Certification Office, 10 rudder control quadrant, which resulted Model CL±600±1A11 (CL±600), CL± Fifth Street, Third Floor, Valley Stream, from stress corrosion. The requirements 600±2A12 (CL±601), CL±600±2B16 (CL± New York 11581; telephone (516) 256– of that AD are intended to prevent loss 601±3A and ±3R), and CL±600±2B19 7526; fax (516) 568–2716. of rudder control. (Regional Jet Series 100) Series SUPPLEMENTARY INFORMATION: In the preamble to AD 93–22–04, the Airplanes FAA indicated that it considered that Comments Invited AGENCY: Federal Aviation AD to be interim action, and that further Administration, DOT. Interested persons are invited to rulemaking action would be considered once final action was identified. ACTION: Notice of proposed rulemaking participate in the making of the Bombardier has now developed a (NPRM). proposed rule by submitting such written data, views, or arguments as modification that will positively address SUMMARY: This document proposes the they may desire. Communications shall the unsafe condition described in the supersedure of an existing airworthiness identify the Rules Docket number and AD by providing better resistance of the directive (AD), applicable to certain be submitted in triplicate to the address rudder quadrant against stress Bombardier Model CL–600–1A11, CL– specified above. All communications corrosion. 600–2A12, CL–600–2B16, and CL–600– received on or before the closing date Bombardier has issued the following 2B19 series airplanes, that currently for comments, specified above, will be service bulletins, which describe requires an inspection to detect cracking considered before taking action on the procedures for a one-time ultrasonic in the rudder control quadrant; proposed rule. The proposals contained inspection of certain rudder control replacement of any cracked quadrant in this notice may be changed in light quadrants to detect cracks that start at with a new assembly; and retorquing of of the comments received. the inside root radius of the spigot, and the castellated nut, as necessary. This Comments are specifically invited on modification of any cracked quadrant. action would require a follow-on the overall regulatory, economic, 1. Canadair Challenger Service inspection of certain rudder control environmental, and energy aspects of Bulletin No. 600–0637, Revision 1, quadrants to detect cracks that start at the proposed rule. All comments dated November 15, 1994 (for Model the inside root radius of the spigot; submitted will be available, both before CL–600–1A11 series airplanes); modification of any cracked quadrant; and after the closing date for comments, 2. Canadair Challenger Service and eventual modification of certain in the Rules Docket for examination by Bulletin No. 601–0426, Revision 1, quadrants. This action also would add interested persons. A report dated November 15, 1994 (for Model airplanes to the applicability of the summarizing each FAA-public contact CL–600–2A12 and –2B16 series existing AD. This proposal is prompted concerned with the substance of this airplanes); and Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26701 3. Canadair Regional Jet Alert Service (ATA) of America, the FAA has learned FR 11034, February 26, 1979); and (3) if Bulletin S.B. A601R–27–011, Revision that, in general, some operators may promulgated, will not have a significant ‘A,’ dated September 21, 1993, as misunderstand the legal effect of AD’s economic impact, positive or negative, revised by Notice of Revision A601R– on airplanes that are identified in the on a substantial number of small entities 27–011A–1, dated October 6, 1993, or applicability provision of the AD, but under the criteria of the Regulatory Notice of Revision A601R–27–011A–2, that have been altered or repaired in the Flexibility Act. A copy of the draft dated June 14, 1994 (for Model CL–600– area addressed by the AD. The FAA regulatory evaluation prepared for this 2B19 series airplanes). points out that all airplanes identified in action is contained in the Rules Docket. The first two service bulletins also the applicability provision of an AD are A copy of it may be obtained by describe procedures for eventual legally subject to the AD. If an airplane contacting the Rules Docket at the modification of certain rudder control has been altered or repaired in the location provided under the caption quadrants. (Bombardier issued Canadair affected area in such a way as to affect ADDRESSES. Service Bulletin S.B. 601R–27–015, compliance with the AD, the owner or Revision ‘A,’ dated October 31, 1994, to operator is required to obtain FAA List of Subjects in 14 CFR Part 39 specify these procedures for Model CL– approval for an alternative method of Air transportation, Aircraft, Aviation 600–2B19 series airplanes.) The compliance with the AD, in accordance safety, Safety. modification involves removal and with the paragraph of each AD that The Proposed Amendment disassembly of the quadrant assembly provides for such approvals. A note has and installation of a modified quadrant been included in this notice to clarify Accordingly, pursuant to the assembly. this long-standing requirement. authority delegated to me by the Transport Canada Aviation, which is The FAA estimates that 212 airplanes Administrator, the Federal Aviation the airworthiness authority for Canada, of U.S. registry would be affected by this Administration proposes to amend part classified these service bulletins as proposed AD. 39 of the Federal Aviation Regulations mandatory and issued Canadian Accomplishment of the proposed (14 CFR part 39) as follows: airworthiness directive CF–94–23, dated inspection would take approximately 4 December 1, 1994, in order to assure the work hours per airplane, at an average PART 39ÐAIRWORTHINESS continued airworthiness of these labor rate of $60 per work hour. Based DIRECTIVES airplanes in Canada. on these figures, the total cost impact of 1. The authority citation for part 39 These airplane models are the proposed inspection action on U.S. continues to read as follows: manufactured in Canada and are type operators is estimated to be $50,880, or certificated for operation in the United $240 per airplane. Authority: 49 U.S.C. App. 1354(a), 1421 States under the provisions of § 21.29 of Accomplishment of the proposed and 1423; 49 U.S.C. 106(g); and 14 CFR the Federal Aviation Regulations (14 modification would take approximately 11.89. CFR 21.29) and the applicable bilateral 20 work hours per airplane, at an § 39.13 [Amended] airworthiness agreement. Pursuant to average labor rate of $60 per work hour. 2. Section 39.13 is amended by this bilateral airworthiness agreement, Required parts would be provided by removing amendment 39–8729 (58 FR Transport Canada Aviation has kept the the manufacturer at no cost to operators. 59161, November 8, 1993), and by FAA informed of the situation described Based on these figures, the total cost adding a new airworthiness directive above. The FAA has examined the impact of the proposed modification (AD), to read as follows: findings of Transport Canada Aviation, action on U.S. operators is estimated to reviewed all available information, and be $254,400, or $1,200 per airplane. Bombardier, Inc. (Formerly Canadair): Docket 95–NM–18–AD. Supersedes AD 93– determined that AD action is necessary Based on the figures discussed above, 22–04, Amendment 39–8729. for products of this type design that are the total cost impact of this proposed Applicability: Model CL–600–1A11 (CL– certificated for operation in the United rule on U.S. operators is estimated to be 600) series airplanes, serial numbers 1004 States. $305,280. This total cost impact figure through 1085 inclusive; Model CL–600–2A12 Since an unsafe condition has been is based on assumptions that no (CL–601) series airplanes, serial numbers identified that is likely to exist or operator has yet accomplished any of 3001 through 3066 inclusive; Model CL–600– develop on other airplanes of the same the proposed requirements of this AD 2B16 (CL–601–3A and –3R) series airplanes, type design registered in the United action, and that no operator would serial numbers 5001 through 5147 inclusive; States, the proposed AD would accomplish those actions in the future if and CL–600–2B19 (Regional Jet Series 100) supersede AD 93–22–04. It would no this AD were not adopted. series airplanes, serial numbers 7003 through longer require the inspections currently The regulations proposed herein 7038 inclusive; certificated in any category. specified in that AD, but would require would not have substantial direct effects Note 1: This AD applies to each airplane instead a one-time ultrasonic inspection on the States, on the relationship identified in the preceding applicability provision, regardless of whether it has been of certain rudder control quadrants to between the national government and modified, altered, or repaired in the area detect cracks that start at the inside root the States, or on the distribution of subject to the requirements of this AD. For radius of the spigot; modification of any power and responsibilities among the airplanes that have been modified, altered, or cracked quadrant; and eventual various levels of government. Therefore, repaired so that the performance of the modification of certain quadrants. These in accordance with Executive Order requirements of this AD is affected, the actions would be required to be 12612, it is determined that this owner/operator must use the authority accomplished in accordance with the proposal would not have sufficient provided in paragraph (c) to request approval service bulletins described previously. federalism implications to warrant the from the FAA. This approval may address This proposed AD also would expand preparation of a Federalism Assessment. either no action, if the current configuration For the reasons discussed above, I eliminates the unsafe condition; or different the applicability of the existing rule to actions necessary to address the unsafe include additional airplanes that have certify that this proposed regulation (1) condition described in this AD. Such a been identified as subject to the is not a ‘‘significant regulatory action’’ request should include an assessment of the addressed unsafe condition. under Executive Order 12866; (2) is not effect of the changed configuration on the As a result of recent communications a ‘‘significant rule’’ under the DOT unsafe condition addressed by this AD. In no with the Air Transport Association Regulatory Policies and Procedures (44 case does the presence of any modification, 26702 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules alteration, or repair remove any airplane from Aircraft Certification Office (ACO), FAA, The service information referenced in the applicability of this AD. Engine and Propeller Directorate. Operators the proposed rule may be obtained from Compliance: Required as indicated, unless shall submit their requests through an Avro International Aerospace, Inc., accomplished previously. appropriate FAA Principal Maintenance 22111 Pacific Blvd., Sterling, Virginia To prevent loss of rudder control, Inspector, who may add comments and then accomplish the following: send it to the Manager, New York ACO. 20166. This information may be examined at the FAA, Transport (a) Within 45 days after the effective date Note 3: Information concerning the of this AD, perform an ultrasonic inspection existence of approved alternative methods of Airplane Directorate, 1601 Lind to detect cracks at the inside root radius of compliance with this AD, if any, may be Avenue, SW., Renton, Washington. the spigot of the rudder quadrant, part obtained from the New York ACO. FOR FURTHER INFORMATION CONTACT: number (P/N) 600–92614–1 (original William Schroeder, Aerospace Engineer, quadrant) or P/N 600–92614–3 (quadrant (d) Special flight permits may be issued in modified with undercut), in accordance with accordance with sections 21.197 and 21.199 Standardization Branch, ANM–113, the procedures specified in Canadair of the Federal Aviation Regulations (14 CFR FAA, Transport Airplane Directorate, Challenger Service Bulletin No. 600–0637, 21.197 and 21.199) to operate the airplane to 1601 Lind Avenue, SW., Renton, Revision 1, dated November 15, 1994 (for a location where the requirements of this AD Washington 98055–4056; telephone Model CL–600–1A11 series airplanes); can be accomplished. (206) 227–2148; fax (206) 227–1320. Canadair Challenger Service Bulletin No. Issued in Renton, Washington, on May 12, 601–0426, Revision 1, dated November 15, 1995. SUPPLEMENTARY INFORMATION: 1994 (for Model CL–600–2A12 and –2B16 Darrell M. Pederson, Comments Invited series airplanes); or Canadair Regional Jet Acting Manager, Transport Airplane Interested persons are invited to Alert Service Bulletin S.B. A601R–27–011, Directorate, Aircraft Certification Service. Revision ‘A,’ dated September 21, 1993, as participate in the making of the revised by Notice of Revision A601R–27– [FR Doc. 95–12208 Filed 5–17–95; 8:45 am] proposed rule by submitting such 011A–1, dated October 6, 1993, and Notice BILLING CODE 4910±13±U written data, views, or arguments as of Revision A601R–27–011A–2, dated June they may desire. Communications shall 14, 1994 (for Model CL–600–2B19 series identify the Rules Docket number and airplanes); as applicable. A fluorescent 14 CFR Part 39 penetrant inspection may be accomplished in be submitted in triplicate to the address lieu of the ultrasonic inspection provided [Docket No. 94±NM±129±AD] specified above. All communications that the rudder control quadrant assembly is received on or before the closing date removed prior to inspection. Airworthiness Directives; British for comments, specified above, will be Accomplishment of the modification Aerospace Model BAe 146±100A and considered before taking action on the required by paragraph (b) of this AD ±200A Airplanes proposed rule. The proposals contained eliminates the need for the inspection in this notice may be changed in light AGENCY: Federal Aviation required by this paragraph, provided that the of the comments received. modification is accomplished within 45 days Administration, DOT. after the effective date of this AD. Comments are specifically invited on ACTION: Notice of proposed rulemaking the overall regulatory, economic, Note 2: Rudder quadrants having P/N’s (NPRM). 600–92614–1 and –3 are part of the rudder environmental, and energy aspects of quadrants having P/N’s 600–92619–1 and –5, SUMMARY: This document proposes the the proposed rule. All comments respectively. adoption of a new airworthiness submitted will be available, both before (1) If any crack is detected, prior to further directive (AD) that is applicable to and after the closing date for comments, flight, modify the rudder control quadrant in certain British Aerospace Model BAe in the Rules Docket for examination by accordance with Canadair Service Bulletin 146–100A and –200A airplanes. This interested persons. A report No. 600–0637, Revision 1, dated November proposal would require modification of summarizing each FAA-public contact 15, 1994 (for Model CL–600–1A11 series concerned with the substance of this airplanes); Canadair Service Bulletin No. the glareshield and certain electrical equipment of the airplane. This proposal will be filed in the Rules 601–0426, Revision 1, dated November 15, Docket. 1994 (for Model CL–600–2A12 and –2B16 proposal is prompted by a report series airplanes); or Canadair Service Bulletin indicating that, if the lift spoilers fail to Commenters wishing the FAA to S.B. A601R–27–015, Revision ‘A,’ dated deploy on landing, the flight crew may acknowledge receipt of their comments October 31, 1994 (for Model CL–600–2B19 not receive any indication that this submitted in response to this notice series airplanes); as applicable. situation exists. The actions specified by must submit a self-addressed, stamped (2) If no crack is detected, no further action the proposed AD are intended to ensure postcard on which the following is required by paragraph (a) of this AD. statement is made: ‘‘Comments to (b) Within 6 months after the effective date that the flight crew is advised when the lift spoilers fail to deploy on landing; Docket Number 94–NM–129–AD.’’ The of this AD, modify the rudder control postcard will be date stamped and quadrant, P/N 600–92619–1 or 600–92619–5, such failure could result in the airplane in accordance with Canadair Service Bulletin overrunning the end of the runway returned to the commenter. No. 600–0637, Revision 1, dated November during landing. Availability of NPRMs 15, 1994 (for Model CL–600–1A11 series DATES: Comments must be received by airplanes); Canadair Service Bulletin No. Any person may obtain a copy of this 601–0426, Revision 1, dated November 15, June 29, 1995. NPRM by submitting a request to the 1994 (for Model CL–600–2A12 and –2B16 ADDRESSES: Submit comments in FAA, Transport Airplane Directorate, series airplanes); or Canadair Service Bulletin triplicate to the Federal Aviation ANM–103, Attention: Rules Docket No. S.B. A601R–27–015, Revision ‘A,’ dated Administration (FAA), Transport 94–NM–129–AD, 1601 Lind Avenue, October 31, 1994 (for Model CL–600–2B19 Airplane Directorate, ANM–103, SW., Renton, Washington 98055–4056. series airplanes); as applicable. Attention: Rules Docket No. 94–NM– Accomplishment of this modification 129–AD, 1601 Lind Avenue, SW., Discussion eliminates the need for the inspection required by paragraph (a) of this AD. Renton, Washington 98055–4056. The Civil Aviation Authority (CAA), (c) An alternative method of compliance or Comments may be inspected at this which is the airworthiness authority for adjustment of the compliance time that location between 9:00 a.m. and 3:00 the United Kingdom, recently notified provides an acceptable level of safety may be p.m., Monday through Friday, except the FAA that an unsafe condition may used if approved by the Manager, New York Federal holidays. exist on certain British Aerospace Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26703 Model BAe 146–100A and –200A (ATA) of America, the FAA has learned List of Subjects in 14 CFR Part 39 airplanes. The CAA advises that there is that, in general, some operators may Air transportation, Aircraft, Aviation a possibility that, if the airplane’s lift misunderstand the legal effect of AD’s safety, Safety. spoilers fail to deploy on landing, the on airplanes that are identified in the flight crew may not be made aware of applicability provision of the AD, but The Proposed Amendment this situation. There currently is no that have been altered or repaired in the Accordingly, pursuant to the method or warning installed in the area addressed by the AD. The FAA authority delegated to me by the flight deck to alert the flight crew that points out that all airplanes identified in Administrator, the Federal Aviation the lift spoilers have failed to deploy on the applicability provision of an AD are Administration proposes to amend part landing. If the lift spoilers fail to deploy legally subject to the AD. If an airplane 39 of the Federal Aviation Regulations when the airplane lands, and the has been altered or repaired in the (14 CFR part 39) as follows: flightcrew is unaware of it, the airplane affected area in such a way as to affect could overrun the end of the runway. compliance with the AD, the owner or PART 39ÐAIRWORTHINESS British Aerospace has issued Service operator is required to obtain FAA DIRECTIVES Bulletin SB.27–70–00913A&B, Revision approval for an alternative method of 7, dated March 21, 1994, which compliance with the AD, in accordance 1. The authority citation for part 39 describes procedures for modifying the with the paragraph of each AD that continues to read as follows: glareshield and certain electrical provides for such approvals. A note has Authority: 49 U.S.C. App. 1354(a), 1421 equipment of the airplane. The been included in this notice to clarify and 1423; 49 U.S.C. 106(g); and 14 CFR modification involves installing an this long-standing requirement. 11.89. amber warning light in the glareshield The FAA estimates that 38 airplanes § 39.13 [Amended] that will illuminate if the lift spoilers of U.S. registry would be affected by this 2. Section 39.13 is amended by fail to deploy on landing. The proposed AD, that it would take adding the following new airworthiness modification also includes installing approximately 21 work hours per directive: new wires, a new printed circuit board airplane to accomplish the proposed (PCB), PCB connector and polarizing actions, and that the average labor rate British Aerospace Regional Aircraft Limited, key in the PCB rack, and a new relay in is $60 per work hour. Required parts AVRO International Aerospace Division circuit breaker panel number two. The would cost approximately $6,000 per (Formerly British Aerospace, plc; British modification also entails performing a airplane. Based on these figures, the Aerospace Commercial Aircraft Limited): Docket 94–NM–129–AD. test of the glareshield warning light and total cost impact of the proposed AD on an inhibit and fault monitoring U.S. operators is estimated to be Applicability: Model BAe 146–100A and –200A airplanes; as listed in British operational test of the lift spoiler. $275,880, or $7,260 per airplane. Aerospace Service Bulletin SB.27–70– Accomplishment of this modification The total cost impact figure discussed 00913A&B, Revision 7, dated March 21, will provide the flight crew with a above is based on assumptions that no 1994; certificated in any category. warning if the lift spoilers fail to deploy operator has yet accomplished any of Note 1: This AD applies to each airplane on landing. The CAA classified this the proposed requirements of this AD identified in the preceding applicability service bulletin as mandatory in order to action, and that no operator would provision, regardless of whether it has been assure the continued airworthiness of accomplish those actions in the future if modified, altered, or repaired in the area these airplanes in the United Kingdom. this AD were not adopted. subject to the requirements of this AD. For This airplane model is manufactured The regulations proposed herein airplanes that have been modified, altered, or in the United Kingdom and is type would not have substantial direct effects repaired so that the performance of the certificated for operation in the United on the States, on the relationship requirements of this AD is affected, the between the national government and owner/operator must use the authority States under the provisions of section provided in paragraph (b) to request approval 21.29 of the Federal Aviation the States, or on the distribution of from the FAA. This approval may address Regulations (14 CFR 21.29) and the power and responsibilities among the either no action, if the current configuration applicable bilateral airworthiness various levels of government. Therefore, eliminates the unsafe condition; or different agreement. Pursuant to this bilateral in accordance with Executive Order actions necessary to address the unsafe airworthiness agreement, the CAA has 12612, it is determined that this condition described in this AD. Such a kept the FAA informed of the situation proposal would not have sufficient request should include an assessment of the described above. The FAA has federalism implications to warrant the effect of the changed configuration on the examined the findings of the CAA, preparation of a Federalism Assessment. unsafe condition addressed by this AD. In no reviewed all available information, and For the reasons discussed above, I case does the presence of any modification, certify that this proposed regulation (1) alteration, or repair remove any airplane from determined that AD action is necessary the applicability of this AD. for products of this type design that are is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not Compliance: Required as indicated, unless certificated for operation in the United accomplished previously. States. a ‘‘significant rule’’ under the DOT To ensure that the flight crew is advised Since an unsafe condition has been Regulatory Policies and Procedures (44 when the lift spoilers fail to deploy on identified that is likely to exist or FR 11034, February 26, 1979); and (3) if landing, accomplish the following: develop on other airplanes of the same promulgated, will not have a significant (a) Within 18 months after the effective type design registered in the United economic impact, positive or negative, date of this AD, modify the glareshield and States, the proposed AD would require on a substantial number of small entities certain electrical equipment of the airplane modification of the glareshield and under the criteria of the Regulatory by installing an amber warning light in the certain electrical equipment of the Flexibility Act. A copy of the draft glareshield that will illuminate if the lift regulatory evaluation prepared for this spoilers fail to deploy on landing; perform a airplane. The actions would be required test of the glareshield warning light; and to be accomplished in accordance with action is contained in the Rules Docket. perform a lift spoiler inhibit and fault the service bulletin described A copy of it may be obtained by monitoring operational test; in accordance previously. contacting the Rules Docket at the with British Aerospace Service Bulletin As a result of recent communications location provided under the caption SB.27–70–00913A&B, Revision 7, dated with the Air Transport Association ADDRESSES. March 21, 1994. 26704 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules (b) An alternative method of compliance or ADDRESSES: Written comments should effects of past coal or noncoal mining adjustment of the compliance time that be mailed or hand delivered to Guy practices, whichever is less, (3) allow provides an acceptable level of safety may be Padgett at the address listed below. the landowner to petition the district used if approved by the Manager, Copies of the Wyoming plan, the court for the district in which most of Standardization Branch. ANM–113, FAA, proposed amendment, and all written the land is located within 60 days of the Transport Airplane Directorate. Operators shall submit their requests through an comments received in response to this filing of the lien to determine the appropriate FAA Principal Maintenance document will be available for public increase in the fair market value of the Inspector, who may add comments and then review at the addresses listed below land, and (4) provide that the amount send it to the Manager, Standardization during normal business hours, Monday reported to be the increase in the value Branch, ANM–113. through Friday, excluding holidays. of the land, but not exceeding the cost Note 2: Information concerning the Each requester may receive one free of the reclamation work, shall constitute existence of approved alternative methods of copy of the proposed amendment by the amount of the lien. Wyoming also compliance with this AD, if any, may be contacting OSM’s Casper Field Office. proposes that the revisions to W.S. 35– obtained from the Standardization Branch, Guy Padgett, Director, Casper Field 11–1206 (a) and (b) shall take effect on ANM–113. Office, Office of Surface Mining July 1, 1995. (c) Special flight permits may be issued in Reclamation and Enforcement, 100 Wyoming proposes to create W.S. 35– accordance with §§ 21.197 and 21.199 of the East B Street, Room 2128, Casper, 11–1209 to (1) prohibit the issuance of Federal Aviation Regulations (14 CFR 21.197 Wyoming 82601–1918. contracts under the AMLR program to and 21.199) to operate the airplane to a any construction contractor or location where the requirements of this AD Bill Garland, Department of can be accomplished. Issued in Renton, Environmental Quality, Abandoned professional services contractor if any Washington, on May 12, 1995. Mine Land Division, Herschler surface coal mining and reclamation Darrell M. Pederson, Building, Third Floor West, 122 West operation owned or controlled by the contractor or any person who owns or Acting Manager, Transport Airplane 25th Street, Cheyenne, Wyoming Directorate, Aircraft Certification Service. 82002, Telephone: (307) 777–6145. controls the contractor has failed to pay its coal reclamation fees or has other [FR Doc. 95–12209 Filed 5–17–95; 8:45 am] FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: (307) 261–5776. types of violations, (2) provide that the BILLING CODE 4910±13±U term ‘‘ownership or controlling interest’’ SUPPLEMENTARY INFORMATION: means as defined in the Federal I. Background on the Wyoming AMLR regulations at 30 CFR 773.5, and (3) DEPARTMENT OF THE INTERIOR Plan provide that the Wyoming AMLR program will implement the provisions On February 14, 1983, the Secretary of Office of Surface Mining Reclamation of this section for all new contracts the Interior approved the Wyoming and Enforcement awarded after April 1, 1995. plan. Information pertaining to the 30 CFR Part 950 general background, revisions, and III. Public Comment Procedures amendments to the initial plan In accordance with the provisions of Wyoming Abandoned Mine Land submission, as well as the Secretary’s 30 CFR 884.15(a) and 884.14(a), OSM is Reclamation (AMLR) Plan findings, the disposition of comments, seeking comments on whether the and the approval of the Wyoming plan proposed amendment satisfies the AGENCY: Office of Surface Mining can be found in the February 14, 1983, applicable plan approval criteria of 30 Reclamation and Enforcement (OSM), Federal Register (48 FR 6536). CFR 884.14. If the amendment is Interior. Subsequent actions concerning deemed adequate, it will become part of ACTION: Proposed rule; public comment Wyoming’s plan and plan amendments the Wyoming plan. period and opportunity for public can be found at 30 CFR 950.30 and hearing on proposed amendment. 950.35. 1. Written Comments Written comments should be specific, II. Proposed Amendment SUMMARY: OSM is announcing receipt of pertain only to the issues proposed in a proposed amendment to the Wyoming By letter dated April 21, 1995 this rulemaking, and include AMLR plan (hereinafter, the ‘‘Wyoming (administrative record No. WY–AML– explanations in support of the plan’’) under the Surface Mining 018–8), Wyoming submitted a proposed commenter’s recommendations. Control and Reclamation Act of 1977 amendment to its AMLR plan pursuant Comments received after the time (SMCRA). The proposed amendment to SMCRA. Wyoming submitted the indicated under DATES or at locations consists of the addition of new proposed amendment at its own other than the Casper Field Office will provisions to the Wyoming plan initiative to allow the implementation of not necessarily be considered in the concerning noncoal lien authority and two initiatives established under final rulemaking or included in the contractor eligibility. The amendment is Omnibus Budget Reconciliation Act of administrative record. intended to incorporate the additional 1990 (Pub. L. 101–508). Wyoming flexibility afforded by SMCRA, as proposes to revise its AMLR plan at 2. Public Hearing amended by the Omnibus Budget Wyoming Statute (W.S.) 35–11–1206 (a) Persons wishing to testify at the Reconciliation Act of 1990, and to and (b) to (1) authorize liens against public hearing should contact the improve operational efficiency. privately-owned land adversely affected person listed under FOR FURTHER DATES: Written comments must be by past coal or mineral mining INFORMATION CONTACT by 4 p.m., m.d.t., received by 4:00 p.m., m.d.t., June 19, practices, (2) limit the amount of any June 2, 1995. The location and time of 1995. If requested, a public hearing on lien to the cost of reclamation work or the hearing will be arranged with those the proposed amendment will be held to the amount determined by the persons requesting the hearing. Any on June 12, 1995. Requests to present appraisal to be the increase in the fair disabled individual who has need for a oral testimony at the hearing must be market value of the land as a result of special accommodation to attend a received by 4:00 p.m., m.d.t., on June 2, the restoration, reclamation, abatement, public hearing should contact the 1995. control or prevention of the adverse individual listed under FOR FURTHER Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26705 INFORMATION CONTACT. If no one requests 3. National Environmental Policy Act ACTION: Proposed rule. an opportunity to testify at the public No environmental impact statement is hearing, the hearing will not be held. SUMMARY: This rule proposes to clarify required for this title since agency the CHAMPUS definition of Filing of a written statement at the decisions on proposed State AMLR ‘‘experimental’’ and describes the time of the hearing is requested as it plans and revisions thereof are process that the Office of CHAMPUS will greatly assist the transcriber. categorically excluded from compliance follows in determining when an Submission of written statements in with the National Environmental Policy experimental procedure has moved from advance of the hearing will allow OSM Act (42 U.S.C. 4332) by the Manual of the status of experimental to the officials to prepare adequate responses the Department of the Interior (516 DM position of nationally accepted medical and appropriate questions. 6, appendix 8, paragraph 8.4B(29)). practice. This clarification is necessary The public hearing will continue on 4. Paperwork Reduction Act to ensure the CHAMPUS beneficiary the specified date until all persons and provider population understand the scheduled to testify have been heard. This rule does not contain process the Office of CHAMPUS Persons in the audience who have not information collection requirements that (OCHAMPUS) follows prior to been scheduled to testify, and who wish require approval by OMB under the endorsement by CHAMPUS of a new to do so, will be heard following those Paperwork Reduction Act (44 U.S.C. emerging medical technology, drug, or who have been scheduled. The hearing 3507 et seq.). device for which the safety and efficacy will end after all persons scheduled to 5. Regulatory Flexibility Act have been proven to be comparable or testify and persons present in the superior to conventional therapies. The Department of the Interior has audience who wish to testify have been DATES: determined that this rule will not have Written public comments must heard. a significant economic impact on a be received on or before July 17, 1995. 3. Public Meeting substantial number of small entities ADDRESSES: Forward comments to the under the Regulatory Flexibility Act (5 Office of the Civilian Health and If only one person requests an U.S.C. 601 et seq.). The State submittal Medical Program of the Uniformed opportunity to testify at a hearing, a which is the subject of this rule is based Services (OCHAMPUS), Program public meeting, rather than a public upon Federal regulations for which an Development Branch, Aurora, CO hearing, may be held. Persons wishing economic analysis was prepared and 80045–6900. to meet with OSM representatives to certification made that such regulations FOR FURTHER INFORMATION CONTACT: discuss the proposed amendment may would not have a significant economic Ruth Smith, Program Development request a meeting by contacting the effect upon a substantial number of Branch, OCHAMPUS, telephone (303) person listed under FOR FURTHER small entities. Accordingly, this rule 361–1181. INFORMATION CONTACT. All such meetings will ensure that existing requirements SUPPLEMENTARY INFORMATION: will be open to the public and, if established by SMCRA or previously possible, notices of meetings will be promulgated by OSM will be A. Discussion of CHAMPUS Policy posted at the locations listed under implemented by the State. In making the Under statutes governing CHAMPUS ADDRESSES. A written summary of each determination as to whether this rule including 10 U.S.C. 1079, CHAMPUS meeting will be made a part of the would have a significant economic payments are prohibited for health care administrative record. impact, the Department relied upon the services that are ‘‘not medically or IV. Procedural Determinations data and assumptions in the analyses for psychologically necessary.’’ The the corresponding Federal regulations. purpose of this provision, common in 1. Executive Order 12866 health care payment programs, is to List of Subjects in 30 CFR Part 950 prevent CHAMPUS beneficiaries from This rule is exempted from review by Intergovernmental relations, Surface being exposed to less than fully the Office of Management and Budget mining, Underground mining. developed and tested medical (OMB) under Executive order 12866 Dated: May 12, 1995. procedures and to avoid the associated (Regulatory Planning and Review). John Heider, risk of unnecessary unproven treatment. 2. Executive Order 12778 Acting Regional Director, Western Regional CHAMPUS regulations and program Coordinating Center. policies restrict benefits to those The Department of the Interior has [FR Doc. 95–12264 Filed 5–17–95; 8:45 am] procedures for which the safety and conducted the reviews required by efficacy have been proven to be BILLING CODE 4310±05±M section 2 of Executive Order 12778 comparable or superior to conventional (Civil Justice Reform) and has therapies. In general, the CHAMPUS determined that this rule meets the regulations and program policies applicable standards of subsections (a) DEPARTMENT OF DEFENSE exclude cost-sharing of procedures and (b) of that section. However, these which are experimental or Office of the Secretary standards are not applicable to the investigational. The evolution of any actual language of State AMLR plans 32 CFR Part 199 medical technology or procedure from and revisions thereof since each such experimental status to one of national plan is drafted and promulgated by a [DoD 6010.8±R] acceptance is often controversial, with specific State, not by OSM. Decisions on those members of the medical proposed State AMLR plans and RIN 0720±AA29 community who are using and revisions thereof submitted by a State Civilian Health and Medical Program of promoting the procedure arguing that are based on a determination of whether the Uniformed Services (CHAMPUS); the procedure has national acceptance. the submittal meets the requirements of Clarification of the CHAMPUS In determining whether a procedure is Title IV of SMCRA (30 U.S.C. 1231– Definition of Experimental investigational, CHAMPUS uses the 1243) and the applicable Federal following hierarchy of assessment regulations at 30 CFR Parts 884 and 888. AGENCY: Office of the Secretary, DoD. sources: 26706 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 1. Outcome-based, Phase III trials in Phase II clinical trials still have other based on judgment that the published in refereed medical literature. treatment options available to them if determination that this procedure was 2. Formal technology assessments the trial therapy, procedure, drug, or experimental was not clearly from nationally recognized technology device is not effective for them. established by CHAMPUS and was not assessment groups, such as the: Next, the therapies, procedures, drugs supported by the beneficiary’s evidence. —Agency for Health Care Policy and or devices used in Phase II clinical trials Similarly, in Wheeler v. Dynamic Research (AHCPR); the move to Phase III clinical trials if each Engineering Inc., and CHAMPUS, No. —Emergency Care Research Institute is continuing to demonstrate safety and 4.94CV16, E.D.Va. (April 4, 1994), (ECRI); and the effectiveness. In this phase the therapy, another case of a beneficiary covered by —Food and Drug Administration (FDA). procedure, drug or device being tested both an employer plan and CHAMPUS 3. National medical policy is compared directly with the nationally who sought a judgment that both should organization positions such as the: accepted standard therapy to determine cover HDC/SCR for breast cancer if one is superior to the other, or if one treatment, the court made a distinction —Medical Advisory Panel of the is more effective for specific types or between a new company plan that National Blue Cross/Blue Shield stages of disease. Since reasonable specifically excluded the procedure and Association. safety and effectiveness have been the former company plan and 4. National professional medical shown through Phase I and Phase II, CHAMPUS, both of which did not associations such as those promulgated many more patients are used in a Phase expressly do so. After determining that by the: III clinical trial. Additionally, the the former plan was applicable (based —American College of Obstetricians and patients participating in a Phase III on the date the treatment began), the Gynecologists. clinical trial usually have not undergone court ruled that neither the plan nor 5. National expert opinion standard treatment. The patients CHAMPUS could properly exclude organizations such as the participating in Phase III clinical trials coverage of the procedure. OCHAMPUS has carefully reviewed —Diagnostic and Therapeutic are started on either standard or the evidence on HDC/SCR as a Technology Assessment (DATTA) experimental therapy so the results can treatment for breast cancer. It is our group of the American Medical be compared. Additionally, instead of conclusion that it is experimental Association; focusing on a single agent, some clinical treatment because on Phase III trials —Health Care Financing Administration trials study a new drug used in have proven the safety and efficacy of Technical Advisory Committee; and combination with one or more other HDC/SCR to be comparable or superior the compounds or other treatments such as to conventional therapies for breast —Office of CHAMPUS Physician surgery or radiation. These clinical trials cancer (and certain other cancers as Advisory Panel (representing the usually enroll large numbers of people, well), and because formal technology Uniformed Services Surgeons and often they produce the most assessment studies have concluded General). OCHAMPUS has chosen dramatic results. CHAMPUS policy and benefit similarly. The CHAMPUS policy Phase III clinical trials as the test for structure are never based solely on regarding the investigational nature of measuring the safety and efficacy of coverage offered by other third party HDC/SCR for breast cancer is based evolving medical technology payers, including Medicare, since each upon four primary sources: procedures. Clinical trials are operates under different rules and 1. The 1988 study entitled ‘‘Public organized into three phases according requirements. Health Service Reassessment: to the extent to which a therapy, Autologous Bone Marrow B. Need for the Regulation procedure, drug or device, has Transplantation’’ prepared by the Office progressed in testing. The phase This proposed rule does not present of Health Technology Assessment, number affixed to a study does not new agency policy. Rather, it proposes Agency for Health Care Policy and necessarily correspond to the disease to reaffirm and clarify existing Research (OHTA/AHCPR) of the Public stage of patients enrolled in it. For CHAMPUS policy in the body of the Health Service, and authored by Harry example, in: CHAMPUS regulation. We propose this Handelsman, D.O.; and Phase I clinical trials, the therapies, primarily in response to a series of U.S. 2. The American Medical Association procedures, drugs or devices used in district court decisions concerning one Diagnostic and Therapeutic Technology this stage of testing have been particular experimental treatment, high Assessment (AMA DATTA) evaluation extensively studied in laboratory and dose chemotherapy (HDC) with stem of January 1990 entitled ‘’Autologous animal tests and are usually now being cell rescue (SCR) as a treatment for Bone Marrow Transplantation 0 given to humans for the first time. The breast cancer (discussed more below), in Reassessment’’ by Elizabeth Brown, aim is to find out how to give a drug or which the courts held that the M.D.; and use a procedure, and to make sure that CHAMPUS determination regarding this 3. The June 1993 study entitled it does not have harmful side effects. treatment was not sufficiently ‘‘Autologous Bone Marrow Transplant Because the side effects in humans are established to be accepted by the courts. and Peripheral Blood Stem Cell Rescue unknown, only a relatively small For example, in Hawkins v. Mail for the Treatment of Breast Cancer’’ number of people are allowed to Handlers Benefit Plan and CHAMPUS, copyright by ECRI, 5200 Butler Pike, participate. Civil No. 1:94CV6, W.D.N.C. (Jan. 28, Plymouth Meeting, PA 19462; and Therapies, procedures, drugs or 1994), the court ruled on a motion for 4. The most recent ECRI assessment of devices, that successfully complete a preliminary injunction filed by a ‘‘Autologous Bone Marrow Transplant Phase I trials then proceed to Phase II beneficiary of both the Mail Handlers and Peripheral Blood Stem Cell Rescue clinical trials. Since the therapies, Benefit Plan and CHAMPUS, seeking a for the Treatment of Breast Cancer.’’ procedures, drugs, or devices were court order overruling the exclusion in Summary information on this extensively studied in Phase I clinical both plans of coverage for HDC/SCR as assessment was published in Health trials, side effects of each are generally a treatment for breast cancer. The court Technology Trends in June 1994. known and more people are included at ruled in favor of the Mail Handlers OCHAMPUS received a copy of this phase. Many of the people involved Benefit Plan, but against CHAMPUS essentially the same material in press Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26707 release form directly from ECRI on June ** * ‘‘Although there is currently analysis when the agency issues 7, 1994. Based upon the information insufficient evidence to justify the use regulations which would have contained in these press releases, of HDC/plus HSC (Hematopoietic Stem significant impact on a substantial OCHAMPUS has requested the purchase Cell) transplantation outside the setting number of small entities. of the completed Health Technology of clinical trial for any stage of breast This proposed rule is not a significant Assessment Report from ECRI, a draft cancer, there is ample scientific regulatory action under Executive Order which has already been received. background for vigorous clinical 12866. This proposed rule will not Since the time the 1988 and 1990 investigation in this important area involve any significant burden on the reports mentioned above were initially * * *’’. CHAMPUS beneficiary or provider prepared, OCHAMPUS has performed a Based on the evidence regarding this population. This proposed rule only continuous review of the refereed procedure, which demonstrates that it is clarifies the CHAMPUS definition of medical literature on this topic, and has experimental, and the series of recent experimental and describes the process had numerous confirming discussions court rulings declining to follow an that OCHAMPUS follows in with the Office of Health Technology exclusion not clearly established in the determining for purposes of benefit Assessment (OHTA) of the Public governing instruments of the program, coverage when an experimental Health Service regarding their position. we believe this rule is necessary to procedure, drug, or device has moved The latest of these discussions reaffirm and clarify CHAMPUS policy from the status of experimental to the confirmed the lack of refereed medical on experimental procedures and to position of nationally accepted medical literature that would support specifically list a number of procedures practice. This proposed rule does not CHAMPUS coverage of this procedure we have determined are experimental. impose information collection for the treatment of breast carcinoma. C. Provisions of the Proposed Rule requirements on the public under the Therefore, although the initial policy Paperwork Reduction Act of 1980 (44 The proposed rule describes the U.S.C. 3501–3511). classifying HDC/SCR as investigational criteria we use to identify the under CHAMPUS was based upon This is a proposed rule. Comments experimental nature of procedures, from all interested parties are solicited. literature and technical assessments drugs, devices, includes a partial list, dating from the 1988–1990 time-frame, and makes provision for promptly List of Subjects in 32 CFR Part 199 OCHAMPUS has continually monitored treating a drug, device or procedure as the development of the literature and Claims, Handicapped, Health no longer experimental when the insurance, Military personnel. the status of ongoing Phase III trials scientific evidence supports that view regarding the safety and effectiveness of Accordingly, 32 CFR Part 199 is and the resultant. Any change to the proposed to be amended as follows: this form of treatment for breast partial list will be published as a notice carcinoma and other carcinomas for 1. The authority citation for Part 199 in the Federal Register. continues to read as follows: which it is not currently authorized as In emphasizing refereed medical a CHAMPUS benefit. The June 1993 literature as the primary source of Authority: 5 U.S.C. 301; 10 U.S.C. chapter formal assessment by ECRI provides persuasive evidence that a particular 55. independent reconfirmation of the procedure’s safety and efficacy have 2. Section 199.2 is amended in CHAMPUS position. This independent been proven to be comparable or paragraph (b) by revising the definition reconfirmation has been substantially superior to conventional therapies for of ‘‘Experimental’’, removing the Note bolstered by the most recent ECRI widespread use, we also underscore our following the definition of studies which indicate that ‘‘results support for committed efforts to ‘‘Experimental’’ and adding the from the experimental procedure are not advance medical research. A number of definitions for ‘‘Rare diseases’’ and any better than published results for military medical centers are engaged in ‘‘Unlabelled or off labeled drugs’’ in conventional therapy to treat breast such research protocols. In addition, we alphabetical order to read as follows: cancer,’’ and that ‘‘the impetus for this are beginning a new DoD demonstration (treatment) is more political than project, under the authority of 10 U.S.C. § 199.2 Definitions. scientific * * * (It) is a treatment that’s 1092, to authorize payments for * * * * * becoming mandated by popular experimental treatments provided to (b) * * * opinion.’’ This most recent information CHAMPUS beneficiaries under certain Experimental. A drug, device, or reconfirms, in even stronger terms and government approved phase III clinical medical treatment or procedure is with newer studies and literature, the protocols. Initially, the demonstration experimental or investigational; earlier conclusions of previous project will apply to clinical trials under (1) If the drug or device cannot be technology assessments that HDC/SCR approved National Cancer Institute lawfully marketed without approval of is experimental in the treatment of protocols for high dose chemotherapy the Untied States Food and Drug breast cancer. To date there has been no with stem cell rescue for breast cancer Administration (FDA) and approval for new evidence which would warrant a treatment. marketing has not been given at the time departure from the original coverage the drug or device is furnished to the determination to exclude CHAMPUS D. Regulatory Procedures patient; or cost-sharing of this procedure as Executive Order 12866 requires (2) If reliable evidence shows that the investigational for the treatment of certain regulatory assessments for any drug, device, or medical treatment or breast carcinoma. The CHAMPUS ‘‘significant regulatory action,’’ defined procedure is the subject of ongoing position is further supported by the as one which would result in an annual Phase I, II, or III clinical trials or is Consensus Conference on Intensive effect on the economy of $100 million under study to determine its maximum Chemotherapy Plus Hematopoietic Stem or more, or have other substantial tolerated dose, its toxicity, its safety, its Cell Transplantation in Malignacies impacts. efficacy as compared with the standard (Journal of Oncology, Volume 12, The Regulatory Flexibility Act (RFA) means of treatment or diagnosis; or Number 1, (January 1994); pages 226– requires that each federal agency (3) If reliable evidence shows that the 231; (Attachment 5) which states in prepare, and make available for public consensus of opinion among experts part: comment, a regulatory flexibility regarding the drug, device, or medical 26708 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules treatment or procedure is that further as meeting the requirements of reliable (4) National professional associations. studies or clinical trials are necessary to evidence. Specifically not included in (5) Regional expert opinion determine its maximum tolerated dose, the meaning of reliable evidence are organizations. its toxicity, its safety, or its efficacy as reports, articles, or statements by (6) Individual and small group expert compared with the standard means of providers or groups of providers opinion. treatment or diagnosis. (See Exclusions containing only abstracts, anecdotal (ii) Care excluded. This exclusion and limitations, ‘‘Not in accordance evidence or personal professional includes all services directly related to with accepted standards, experimental opinions. Also not included in the the experimental or investigational or investigational’’ in § 199.4 for meaning of reliable evidence is the fact procedure. However, CHAMPUS may procedures in determining that a provider or a number of providers cost-share services or supplies when experimental.) have elected to adopt a drug, device, or there is no logical or causal relationship * * * * * medical treatment or procedure as their between the experimental or Rare diseases. CHAMPUS defines a personal treatment or procedure of investigational procedure and the rare disease as one which affects fewer choice or standard of practice. treatment at issue or where such a than one in 200,000 Americans. (C)(1) Use of drugs and medicines and logical or causal relationship cannot be devices not approved by the FDA for established with a sufficient degree of * * * * * commercial marketing, that is, for certainty. This CHAMPUS cost-sharing Unlabelled or off labeled drugs. general use by humans (even though is authorized in the following Medications that are otherwise Food permitted for testing on human beings) circumstances: and Drug Administration (FDA) is considered experimental. Drugs (A) Treatment that is not related to the approved for general use in humans. grandfathered by the Federal Food, Drug investigational or experimental The drug must be medically necessary and Cosmetic Act of 1938 may be procedure; e.g., medically necessary in for the treatment of the condition for covered under CHAMPUS as if FDA the absence of the experimental or which it is administered, according to approved. Certain cancer drugs, investigational treatment. accepted standards of medical practice. designated as Group C drugs (approved (B) Treatment which is a necessary * * * * * and distributed by the National Cancer follow-on to the experimental or 3. Section 199.4 is amended by Institute) and Treatment Investigational investigational procedure but which revising paragraph (g)(15) as follows: New Drugs (INDs), cannot be cost- might have been necessary in the absence of the experimental or § 199.4 Basic program benefits. shared under CHAMPUS because they are not approved for commercial investigational treatment. * * * * * marketing by the FDA. However, (iii) Examples of experimental (g) Exclusions and limitations. *** medical care related to the use of Group procedures. This paragraph consists of a * * * * * C drugs and Treatment INDs can be partial list of experimental or (15) Not in accordance with accepted cost-shared under CHAMPUS when the investigational procedures. Such standards, experimental, or patient’s medical condition warrants procedures are excluded from investigational. Among the services their administration and the care is CHAMPUS program benefits. This list is excluded from CHAMPUS program provided in accordance with generally not all inclusive. Other experimental benefits on the grounds that they are not accepted standards of medical practice. procedures, as defined in § 199.2, are medically or psychologically necessary In areas outside the United States, similarly excluded, although they do are services and supplies not provided standards comparable to those of the not appear on this partial list. With in accordance with accepted FDA are the CHAMPUS objective. respect to any procedure included on professional medical standards, or (2) CHAMPUS can consider cost- this partial list, if and when the related to essentially experimental or sharing ‘‘unlabelled or off label’’ uses of Director, OCHAMPUS determines that investigational procedures or treatment medications that are otherwise based on the standards established in regimens. (See the definition of approved by the FDA for general use in the definition of ‘‘experimental’’ in ‘‘experimental’’ in § 199.2.) humans. Approval for cost-sharing of § 199.2, such procedure is no longer (i) General. For the purpose of ‘‘off label or unlabelled’’ indications experimental or investigational, the determining experimental: requires review for medical necessity, Director will initiate action to remove (A) The term reliable evidence shall and also requires demonstrations from the procedure from this partial list of mean only: medical literature, national experimental procedures. From the date (1) Outcome-based, Phase III trials organizations, and/or technology established by the Director as the date published in refereed medical literature. assessment bodies that the ‘‘off label or the procedure became no longer (2) Published formal technology unlabelled’’ usage of the drug is safe, experimental until the date the assessments. effective, and a nationally accepted regulatory change is made to remove the (3) The published reports of national standard of practice in the medical procedures from the partial list of professional medical associations. community. experimental procedures, the Director, (4) Published national medical policy (D) CHAMPUS benefits for a rare OCHAMPUS will suspend treatment of organization positions. disease are reviewed on a case-by-case the procedure as an experimental (5) The published reports of national basis by the Director, OCHAMPUS, or procedure. Following is the non- expert opinion organizations. designee. In reviewing the case, the inclusive, partial list of experimental (B) The order given in the iteration of Director, OCHAMPUS, or designee may procedures, all of which are excluded sources of evidence in paragraph consult with any or all of the following from CHAMPUS benefits: (g)(15)(i)(A) of this section is in the sources to determine if the proposed (A) Radial keratotomy (refractive order of the relative weight to be given therapy is considered safe and effective: keratoplasty). to any particular source. Only those (1) Trials published in refereed (B) Cellular therapy. reports and articles containing medical literature. (C) Histamine therapy. scientifically validated data and (2) Formal technology assessments. (D) Stem cell assay, a laboratory published in the refereed medical and (3) National medical policy procedure which allows a determination scientific literature shall be considered organization positions. to be made of the type and dose of Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26709 cancer chemotherapy drugs to be used, (KK) Biliopancreatic bypass. (HHH) Holding therapy—Involves based on in vitro analysis of their effects (LL) Gastric wrapping/gastric holding the patient in an attempt to on cancer cells taken from an banding. achieve interpersonal contact, and to individual. (MM) Calcium EAP/calcium orotate improve the patient’s ability to (E) Topical application of oxygen. and selenium (also known as Nieper concentrate on learning tasks. (F) Immunotherapy for malignant therapy)—Involves inpatient care and (III) In utero fetal surgery. disease. use of calcium compounds and other (G) Prolotherapy, joint sclerotherapy, non-FDA approved drugs and special (JJJ) Light therapy for seasonal and ligamentous injections with diets. Used for cancer, heart disease, depression (also known as seasonal sclerosing agents. diabetes, and multiple sclerosis. affective disorder (SAD)). (H) Transcervical block silicone plug. (NN) Percutaneous balloon (KKK) Transurethral laser incision of (I) Whole body hyperthermia in the valvuloplasty for mitral and tricuspid the prostrate (TULIP). treatment of cancer. valve stenosis. (LLL) Contigen Bard collagen (J) Portable nocturnal hypoglycemia (OO) Amniocentesis performed for implant. detectors. ISO immunization to the ABO blood (K) Testosterone pellet implants in the antigens. (MMM) Dorsal column and deep brain treatment of females. (PP) Balloon dilatation of the prostate. electrical stimulation of treatment of (L) Estradiol pellet implants. (QQ) Helium in radiosurgery. motor function disorder. (M) Epikeratophakia for treatment of (RR) Palladium 103Pd) seed aphakia and myopia. (NNN) Chelation therapy, except brachytherapy. under specific conditions. (N) Bladder stimulators. (SS) Electrostimulation of salivary (O) Ligament replacement with production in the treatment of (OOO) All organ transplants except absorbable copolymer carbon fiber xerostomia secondary to Sjorgren’s heart, heart-lung, lung, kidney, some scaffold. syndrome. bone marrow, liver, liver-kidney, (P) Intraoperative radiation therapy. (TT) Interaoperative monitoring of corneal, and heart-valve. (Q) Gastric bubble or balloon. sensory evoked potentials (SEP). To (PPP) Implantable infusion pumps, (R) Single and dual photon include visually evoked potentials, absorptiometry for the detection and except for hepatic artery perfusion brainstem auditory evoked response, monitoring of osteoporosis. chemotherapy for the treatment of somatosensory evoked potentials during (S) Dorsal root entry zone (DREZ) primary liver cancer or metastatic spinal and orthopedic surgery, and thermocoagulation or microcoagulation colorectal liver cancer. sensory evoked potentials monitoring of neurosurgical procedure. (QQQ) Services related to the (T) Brain electrical activity mapping the sciatic nerve during total hip candidiasis hypersensitivity syndrome, (BEAM). replacement. Recording SEPs in yeast syndrome, or gastrointestinal (U) Topographic brain mapping unconscious head injured patients to candidiasis (i.e., allergenic extracts of assess the status of the somatosensory (TBM) procedure. Candida albicans for immunotherapy system. The use of SEPs to define (V) Ambulatory blood pressure and/or provocation/neutralization). monitoring. conceptional or gestational age in (W) Bilateral carotid body resection to preterm infants. (RRR) Treatment of chronic fatigue relieve pulmonary symptoms. (UU) Autolymphocyte therapy (ALT) syndrome. (X) Intracavitary administration of (immunotherapy used for treating (SSS) Extracorporeal cisplatin for malignant disease. metastatic kidney cancer patients). immunoadsorption using protein A (Y) Cervicography. (VV) Radioimmunoguided surgery in columns for conditions other than acute (Z) Ambulatory home monitoring— the detection of cancer. idiopathic thrombocytopenia purpura. (WW) HLA–DNA typing. uterine contractions. (TTT) Dynamic posturography (both (AA) Sperm evaluation, hamster (XX) Gait analysis (also known as a static and computerized). penetration test. walk study or electrodynogram). (BB) Transfer factor (TF). (YY) Cryosurgery for liver metastases. (UUU) Laparoscopic myomectomy. (CC) Continuous ambulatory (ZZ) Use of cerebellar stimulators/ (VVV) Growth factor, including esophageal pH monitoring (CAEpHM) is pacemakers for the treatment of platelet-derived growth factors, for considered investigational for patients neurologic disorders. treating non-healing wounds. This under age 12 for all indications, and for (AAA) Signal-averaged ECG. includes procuremen, a platelet- patients over age 12 for sleep apnea. (BBB) Intraventricular administration derived wound-healing formula. (DD) Adrenal-to-brain transplantation of narcotics. for Parkinson’s disease. (CCC) Peri-urethral Teflon injections (WWW) High dose chemotherapy (EE) Videofluoroscopy evaluation in to manage urinary incontinence. with stem cell rescue (HDC/SCR) for any speech pathology. (DDD) Extraoperative of the following malignancies:. (FF) Herniography. electrocorticography for stimulation and (1) Breast cancer. recording in order to determine (GG) Applied kinesiology. (2) Ovarian cancer. (HH) Hair analysis to identify mineral electrical thresholds of neurons as an deficiencies from the chemical indicator of seizure focus. (3) Testicular cancer. composition of the hair. Hair analysis (EEE) Quantitative computed (4) Multiple myeloma. testing may be reimbursed when tomography (QCT) for the detection and * * * * * necessary to determine lead poisoning. monitoring of osteoporosis. Dated: May 11, 1995. (II) Iridology (links flaws in eye (FFF) Percutaneous transluminal coloration with diseases elsewhere in angioplasty in the treatment of L.M. Bynum, the body). obstructive lesions of the carotid, Alternate OSD Federal Register Liaison (JJ) Small intestinal bypass vertebral and cerebral arteries. Officer, Department of Defense. (jejunoileal bypass) for treatment of (GGG) Endoscopic third [FR Doc. 95–12031 Filed 5–17–95; 8:45 am] morbid obesity. ventriculostomy. BILLING CODE 5000±04±M 26710 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules DEPARTMENT OF TRANSPORTATION notice also identified interests that of the public may submit written would be affected by amendments to the statements to the committee at any time, Coast Guard current regulations. The Coast Guard also through the contact person. solicited comments on the issues raised Dated: May 11, 1995. 33 CFR Part 117 in the notice and nominations for Paul J. Pluta, [CGD09±95±004] membership on the committee. The closing date for comments and Captain, United States Coast Guard, Commander, Ninth Coast Guard District, Drawbridge Operation Regulations; nominations was May 8, 1995. Acting. Chicago River, IL No comments were received on the issues to be considered by the [FR Doc. 95–12284 Filed 5–17–95; 8:45 am] AGENCY: Coast Guard, DOT. committee. Several nominations for BILLING CODE 4910±14±M ACTION: Notice of establishment of membership were received. Separate negotiated rulemaking committee and discussions were held by the neutral first meeting. facilitator engaged by the Coast Guard ENVIRONMENTAL PROTECTION with each of the interests identified in AGENCY SUMMARY: The Coast Guard establishes a the notice and with others identified negotiated rulemaking committee to during the comment period. As a result, 40 CFR Part 51 develop regulations governing the the Coast Guard is establishing the [FRL±5208±2] operation of Chicago owned committee and beginning the drawbridges over the Chicago River in negotiation process. As required by the Inspection and Maintenance Flexibility Chicago, Illinois and the passage of Federal Advisory Committee Act (5 Amendments recreational vessels under those bridges. U.S.C. App.) (FACA), the committee The committee is established in charter has been approved by the AGENCY: Environmental Protection accordance with the Negotiated Secretary of Transportation and Agency. Rulemaking Act of 1990 and the Federal submitted to the General Services ACTION: Proposed rule; extension of Advisory Committee Act. Administration. The following interests public comment period. DATES: The first meeting of the are represented on the committee: the negotiated rulemaking committee will City of Chicago, boatyard owners, SUMMARY: This action extends the be held on June 5, 1995 between 9:00 boaters, commercial interests in comment period to the proposed rule A.M. and 5:00 P.M. Additional meetings Chicago, and the Coast Guard. published on April 28, 1995 (60 FR will be held on June 14, 1995, June 20, The first meeting of the committee 20934). EPA is extending the comment 1995, June 28, 1995 and July 12, 1995, will be held in Chicago on June 5, 1995 period to June 1, 1995. at the same times and place, unless at the time and location indicated at the DATES: Written comments on the otherwise scheduled by the committee. beginning of this notice. The purpose of proposed rule must be received no later ADDRESSES: The committee meetings the first meeting is to: (1) Discuss the than June 1, 1995. A public hearing is will be held in room 326, Ralph H. charter, goals, and mission of the scheduled for May 17, 1995 and will be Metcalfe Federal Building, 77 West committee; (2) present the issues to be held at Weber’s Inn at 3050 Jackson Jackson Street, Chicago, Illinois, 60604. considered by the committee; and (3) Road, Ann Arbor, Michigan 48103, from approve the organizational protocols by 9 a.m. through 5 p.m. FOR FURTHER INFORMATION CONTACT: which the committee will operate. At Carolyn Malone, Ninth District Bridge ADDRESSES: Interested parties may the first session, there will be discussion Branch, Ninth Coast Guard District, submit written comments (in duplicate of the negotiation and rulemaking if possible) to Public Docket No. A–95– 1240 East Ninth Street, room 2083, process and an explanation of the Cleveland, Ohio, (216) 522–3993 08. It is requested that a duplicate copy statutory basis for the Coast Guard’s be submitted to Eugene J. Tierney at the between the hours of 8:00 A.M. and 3:00 drawbridge regulations. P.M. Should the dates, times or location Office of Mobile Sources, National The schedule of additional meetings Vehicle and Fuel Emissions Laboratory, of any subsequent committee meeting provided earlier in this notice will be change, recorded information will be 2565 Plymouth Road, Ann Arbor, considered by the committee at its first Michigan, 48105. The docket is located provided at the above telephone number meeting. In order for new regulations to outside of those hours. at the Air Docket, Room M–1500 (6102), be effective for the Fall 1995 close of the Waterside Mall SW., Washington, DC SUPPLEMENTARY INFORMATION: The Coast boating season, committee meetings 20460. The docket may be inspected Guard published a notice of intent must be concluded by 12 July 1995. between 8:30 a.m. and 12 noon and (notice) to form a negotiated rulemaking Therefore, this schedule may be between 1:30 p.m. until 3:30 p.m. on committee on April 10, 1995 (60 FR changed and additional meetings may weekdays. A reasonable fee may be 18061). The notice discussed the Coast be held on short notice. Announcements charged for copying docket material. Guard’s intention to proceed in of these meetings will be published in accordance with the Negotiated the Federal Register if time for FOR FURTHER INFORMATION CONTACT: Rulemaking Act of 1990 (Pub. L. 101– meaningful advance notice is available. Eugene J. Tierney, Telephone (313) 668– 648) and establish the Chicago Information on all meetings of the 4456. Drawbridge Negotiated Rulemaking committee will be available by calling SUPPLEMENTARY INFORMATION: Committee (committee) to develop (216) 522–3993 or from the contact Background regulations that provide a permanent person indicated at the beginning of this and acceptable resolution to the issues notice. EPA announced its intent to amend involved in drawbridge openings for Attendance at committee meetings is the I/M Program Requirements in recreational vessels on the Chicago open to the public, subject to space December 1994 and held stakeholders’ River. Regulations governing the availability. Persons wishing to present meetings on January 24, 1995 and operation of the drawbridges are located oral statements at a meeting should January 31, 1995. The proposal creates at 33 CFR 117.391 and are issued under notify the contact person no later than a second, less stringent enhanced I/M the authority of 33 U.S.C. 499. The the day before the meeting. Any member performance standard that could be Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26711 used in areas that can demonstrate an DATES: Comments must be filed on or ACTION: Proposed rule. ability to meet the 1990 Clean Air Act before July 6, 1995, and reply comments deadlines for Reasonable Further on or before July 21, 1995. SUMMARY: This document requests comments on a petition filed by Larry K. Progress and attainment while ADDRESSES: Federal Communications implementing an I/M program that falls Commission, Washington, D.C. 20554. and Cathy M. Price, requesting the below the originally promulgated In addition to filing comments with the substitution of Channel 223A for enhanced I/M performance standard. FCC, interested parties should serve the Channel 244A at Rushville, Illinois. The proposed action would also revise petitioner, or its counsel or consultant, Channel 223A can be substituted for the high enhanced I/M performance as follows: M. Scott Johnson, Lauren S. Channel 244A at Rushville, Illinois, in standard to include a visual inspection Drake, Gardner, Carton & Douglas, 1301 compliance with the Commission’s of the positive crankcase ventilation K Street, NW, Suite 900, East Tower, minimum distance separation (PCV) valve on all light-duty vehicles Washington, D.C. 20005 (Attorneys for requirements at petitioners licensed site and light-duty trucks from model years Petitioner). with a site restriction of 8.3 kilometers (5.1 miles) northwest of the community. 1968 to 1971, inclusive, and of the FOR FURTHER INFORMATION CONTACT: The proposed coordinates for Channel exhaust gas recirculation (EGR) valve on Nancy J. Walls, Mass Media Bureau, 223A at Rushville are North Latitude all light-duty vehicles and light-duty (202) 418–2180. trucks from model years 1972 through 40–08–20 and West Longitude 90–39– SUPPLEMENTARY INFORMATION: This is a 26. 1983, inclusive. The proposal also synopsis of the Commission’s Notice of DATES: Comments must be filed on or solicits public comment on whether or Proposed Rule Making, MM Docket No. before July 6, 1995, and reply comments not EPA should include revised 95–64, adopted May 8, 1995, and on or before July 21, 1995. regulatory language in its final released May 15, 1995. The full text of rulemaking which change the this Commission decision is available ADDRESSES: Federal Communications population cutoff for basic I/M from for inspection and copying during Commission, Washington, D.C. 20554. 50,000 persons to 200,000 persons. normal business hours in the FCC In addition to filing comments with the Lastly, the proposal would make Reference Center (Room 239), 1919 M FCC, interested parties should serve the clarifying amendments to the I/M Street, NW, Washington, D.C. The petitioner, or its counsel or consultant, requirements for areas undergoing complete text of this decision may also as follows: Larry K. and Cathy M. Price, redesignation. be purchased from the Commission’s P.O. Box 196, 123 North Liberty Street, Dated: May 10, 1995. copy contractors, International Rushville, Illinois 62681 (Petitioners). Mary Nichols, Transcription Service, Inc., (202) 857– FOR FURTHER INFORMATION CONTACT: Assistant Administrator for Air and 3800, 1919 M Street, NW, Room 246, or Nancy J. Walls, Mass Media Bureau, Radiation. 2100 M Street, NW, Suite 140, (202) 418–2180. [FR Doc. 95–12175 Filed 5–17–95; 8:45 am] Washington, D.C. 20037. SUPPLEMENTARY INFORMATION: This is a BILLING CODE 6560±50±P Provisions of the Regulatory synopsis of the Commission’s Notice of Flexibility Act of l980 do not apply to Proposed Rule Making, MM Docket No. this proceeding. 95–63, adopted May 8, 1995, and FEDERAL COMMUNICATIONS Members of the public should note released May 15, 1995. The full text of COMMISSION that from the time a Notice of Proposed this Commission decision is available Rule Making is issued until the matter for inspection and copying during 47 CFR Part 73 is no longer subject to Commission normal business hours in the FCC consideration or court review, all ex Reference Center (Room 239), 1919 M [MM Docket No. 95±64, RM±8618] parte contacts are prohibited in Street, NW, Washington, D.C. The Commission proceedings, such as this Radio Broadcasting Services; Talking complete text of this decision may also one, which involve channel allotments. Rock, GA be purchased from the Commission’s See 47 CFR 1.1204(b) for rules copy contractors, International AGENCY: Federal Communications governing permissible ex parte contacts. Transcription Service, Inc., (202) 857– Commission. For information regarding proper filing 3800, 1919 M Street, NW, Room 246, or ACTION: Proposed rule. procedures for comments, see 47 CFR 2100 M Street, NW, Suite 140, 1.415 and 1.420. Washington, D.C. 20037. SUMMARY: This document requests List of Subjects in 47 CFR Part 73 Provisions of the Regulatory comments on a petition filed by Flexibility Act of l980 do not apply to Funseeker’s Network, Inc., requesting Radio broadcasting. this proceeding. the allotment of Channel 261A to Federal Communications Commission. Members of the public should note Talking Rock, Georgia, as that John A. Karousos, that from the time a Notice of Proposed community’s first local transmission Chief, Allocations Branch, Policy and Rules Rule Making is issued until the matter service. Channel 261A can be allotted to Division, Mass Media Bureau. is no longer subject to Commission Talking Rock in compliance with the [FR Doc. 95–12219 Filed 5–17–95; 8:45 am] consideration or court review, all ex Commission’s minimum distance BILLING CODE 6712±01±F parte contacts are prohibited in separation requirements with a site Commission proceedings, such as this restriction of 13.6 kilometers (8.5 miles) one, which involve channel allotments. north, in order to avoid a short-spacing 47 CFR Part 73 See 47 CFR 1.1204(b) for rules to the licensed sites of Station governing permissible ex parte contacts. [MM Docket No. 95±63, RM±8617] WNNX(FM), Channel 259C, Atlanta, For information regarding proper Georgia, and Station WUSY(FM), Radio Broadcasting Services; filing procedures for comments, see 47 Channel 264C, Cleveland, Tennessee. Rushville, IL CFR 1.415 and 1.420. The coordinates for Channel 261A at Talking Rock are North Latitude 34–37– AGENCY: Federal Communications List of Subjects in 47 CFR Part 73 54 and West Longitude 84–31–24. Commission. Radio broadcasting. 26712 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules Federal Communications Commission. 3800, 2100 M Street, NW, Suite 140, sent to Mr. Michael J. Spear, Regional John A. Karousos, Washington, D.C. 20037. Director, Region 1, U.S. Fish and Chief, Allocations Branch, Policy and Rules Provisions of the Regulatory Wildlife Service, 911 N.E. 11th Avenue, Division, Mass Media Bureau. Flexibility Act of 1980 do not apply to Portland, Oregon 97232–4181. [FR Doc. 95–12220 Filed 5–17–95; 8:45 am] this proceeding. FOR FURTHER INFORMATION CONTACT: Mr. BILLING CODE 6712±01±F Members of the public should note that from the time a Notice of Proposed Curt Smitch, Assistant Regional Rule Making is issued until the matter Director, North Pacific Coast Ecoregion, 47 CFR Part 73 is no longer subject to Commission 3704 Griffin Lane SE, Suite 102, consideration or court review, all ex Olympia, Washington 98501 (360/534– [MM Docket No. 95±66; RM±8625] parte contacts are prohibited in 9330); or Mr. Gerry Jackson, Deputy Radio Broadcasting Services; Dayton, Commission proceedings, such as this Assistant Regional Director, North WA one, which involve channel allotments. Pacific Coast Ecoregion, 911 N.E. 11th See 47 CFR 1.1204(b) for rules Avenue, Portland Oregon 97232–4181, AGENCY: Federal Communications governing permissible ex parte contacts. (503/231–6159). Commission. For information regarding proper SUPPLEMENTARY INFORMATION: ACTION: Proposed rule. filing procedures for comments, see 47 CFR 1.415 and 1.420. Background SUMMARY: The Commission requests comments on a petition filed by Steven List of Subjects in 47 CFR Part 73 The implementing regulations for C. Hoffman proposing the allotment of Radio broadcasting. threatened wildlife generally Channel 272A at Dayton, Washington, Federal Communications Commission. incorporate the prohibitions of section 9 as the community’s second local FM of the Endangered Species Act of 1973, transmission service. Channel 272A can John A. Karousos, Chief, Allocations Branch, Policy and Rules as amended (Act), for endangered be allotted to Dayton in compliance wildlife, except when a ‘‘special rule’’ with the Commission’s minimum Division, Mass Media Bureau. [FR Doc. 95–12221 Filed 5–17–95; 8:45 am] promulgated pursuant to section 4(d) of distance separation requirements with a the Act has been issued with respect to site restriction of 3.0 kilometers (1.9 BILLING CODE 6712±01±F a particular threatened species. At the miles) southwest to avoid a short- time the northern spotted owl, Strix spacings to the construction permit site for Channel 273C3 at Colfax, DEPARTMENT OF THE INTERIOR occidentalis caurina, was listed as a Washington, and Station KORD(FM), threatened species in 1990, the Service Channel 274C, Richland, Washington. Fish and Wildlife Service did not promulgate a special section 4(d) rule and therefore, all of the section The coordinates for Channel 272A at 50 CFR Part 17 Dayton are North Latitude 46–17–57 9 prohibitions, including the ‘‘take’’ and West Longitude 117–59–52. Since RIN 1018±AD20 prohibitions, became applicable to the Dayton is located within 320 kilometers species. To replace the blanket (200 miles) of the U.S.-Canadian border, Endangered and Threatened Wildlife prohibitions against take of spotted concurrence of the Canadian and Plants; Proposed Special Rule for owls, the Service published a proposed government has been requested. the Conservation of the Northern special rule, 50 CFR part 17, on Spotted Owl on Non-Federal Lands DATES: Comments must be filed on or February 17, 1995, (60 FR 9484), in the before July 6, 1995, and reply comments AGENCY: Fish and Wildlife Service, Federal Register, pursuant to section on or before July 21, 1995. Interior. 4(d) of the Act, which proposes a narrower, more tailor-made set of ADDRESSES: Federal Communications ACTION: Reopening of the Comment Commission, Washington, D.C. 20554. Period for the Proposed Special Rule. standards that reduce prohibitions In addition to filing comments with the applicable to timber harvest and related FCC, interested parties should serve the SUMMARY: On February 17, 1995, the activities on specified non-Federal petitioner, or its counsel or consultant, Fish and Wildlife Service (Service) forest lands in Washington and as follows: Steven C. Hoffman, 1420 S. published a proposed special rule, California. 2nd Street, Dayton, Washington 99328 pursuant to section 4(d) of the (Petitioner). Endangered Species Act (Act), to List of Subjects in 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: replace the blanket prohibitions against Endangered and threatened species, Sharon P. McDonald, Mass Media incidental take of spotted owls with a Exports, Imports, Reporting and narrower, more tailor-made set of Bureau, (202) 418–2180. recordkeeping requirements, and standards that reduce prohibitions SUPPLEMENTARY INFORMATION: This is a Transportation. synopsis of the Commission’s Notice of applicable to timber harvest and related Authority: The authority for this action is Proposed Rule Making, MM Docket No. activities on specified non-Federal the Endangered Species Act of 1973, as 95–66, adopted May 5, 1995, and forest lands in Washington and ammended (16 U.S.C. 1531 et seq.) released May 15, 1995. The full text of California. The original deadline for this Commission decision is available comments on the proposed rule was Dated: May 12, 1995. for inspection and copying during May 18, 1995. The intent of this notice Thomas Dwyer, normal business hours in the FCC is to reopen the comment period to July Acting Regional Director, U.S. Fish and Reference Center (Room 239), 1919 M 17, 1995. Wildlife Service, Region 1, Portland, Oregon. Street, NW, Washington, D.C. The DATES: The comment period for written [FR Doc. 95–12202 Filed 5–17–95; 8:45 am] comments is reopened until July 17, complete text of this decision may also BILLING CODE 4310±55±P be purchased from the Commission’s 1995. copy contractor, International ADDRESSES: Comments and materials Transcription Service, Inc., (202) 857– concerning this proposed rule should be Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26713 50 CFR Part 17 ADDRESSES: Written comments and On December 19, 1994, (59 FR 65311) materials concerning this proposal the Service published a proposed rule to RIN 1018-AC96 should be sent to Field Supervisor, list Lasthenia conjugens, Navarretia Sacramento Field Office, 2800 Cottage leucocephala ssp. pauciflora, Navarretia Endangered and Threatened Wildlife Way, Room E–1803, Sacramento, leucocephala ssp. plieantha, and and Plants; Reopening and Extension California 95825–1846. Comments and Parvisedum leiocarpum as endangered of Comment Period on Proposed materials received will be available for under the Endangered Species Act of Endangered Status for Four Plants public inspection, by appointment, 1973, as amended. The comment period From Vernal Pools and Mesic Areas in during normal business hours at the on the proposal originally closed on Northern California above address. February 17, 1995. To accommodate the FOR FURTHER INFORMATION CONTACT: public hearing, held on April 6, 1995, AGENCY: Fish and Wildlife Service, Betty Warne (see ADDRESSES section) or the Service extended the public Interior. at 916/979–2120. comment period until April 28, 1995 (60 ACTION: Proposed rule; reopening and FR 14253, March 16, 1995). In response SUPPLEMENTARY INFORMATION: extension of comment period. to an oral request made by Mr. Michael Background Delbar, Lake County Farm Bureau, on SUMMARY: The U.S. Fish and Wildlife These four plant species grow in March 27, 1995, the Service reopens and Service (Service), pursuant to the vernal pools and mesic grasslands and further extends the comment period. Endangered Species Act of 1973, as are found variously in Lake, Napa, and This extension allows for the collection amended (Act), announces a reopening Solano Counties. The three remaining of additional data during the 1995 field and extension of the comment period on populations of Parvisedum leiocarpum season on the status and distribution of the proposed determination of occur on private lands in Lake County. the proposed plants. Written comments endangered status for Lasthenia The Five remaining populations of may now be submitted until June 19, conjugens (Contra Costa goldfields), Lasthenia conjugens occur in Napa and 1995, to the Service office in the Navarretia leucocephala ssp. pauciflora Solano Counties. The three remaining ADDRESSES section. (few-flowered navarretia), Navarretia populations of Navarretia leucocephala Author leucocephala ssp. plieantha (many- ssp. pauciflora occur in Napa and Lake The primary author of this notice is flowered navarretia), and Parvisedum Counties. The four remaining Betty Warne (see ADDRESSES section). leiocarpum (Lake County stonecrop). populations of Navarretia leucocephala Written comments on the proposed rule ssp. plieantha occur in Lake County. Authority will be accepted until June 19, 1995. The four species proposed for listing are The authority for this action is the DATES: The comment period, which imperiled by one or more of the Endangered Species Act of 1973 (16 originally closed on February 17, 1995, following: Commercial, residential, and U.S.C. 1531 et seq.). was extended by request to April 28, agricultural development; hydrological 1995. By additional request, the changes in vernal pool and swale Dated: May 12, 1995. comment period, which closed on April habitats; trampling by livestock; road Thomas Dwyer, 28, 1995, is reopened and now closes widening; inadequate regulatory Acting Regional Director, Region 1, U.S. Fish June 19, 1995. Any comments received protection mechanisms; random and Wildlife Service. by the closing date will be considered stochastic events; off-highway vehicle [FR Doc. 95–12203 Filed 5–17–95; 8:45 am] in the final decision on this proposal. use; feral pigs; and horseback riding. BILLING CODE 4310±55±M 26714 Notices Federal Register Vol. 60, No. 96 Thursday, May 18, 1995 This section of the FEDERAL REGISTER 9 CFR Part 166—Swine Health available for licensing and that the contains documents other than rules or Protection United States Department of proposed rules that are applicable to the VS 13–2, VS 13–5, VS 13–16, VS 13–17 Agriculture, Agricultural Research public. Notices of hearings and investigations, Business or other for-profit; Farms; 656 Service, intends to grant an exclusive committee meetings, agency decisions and responses; 584 hours license to the University of Idaho. A rulings, delegations of authority, filing of Joseph F. Annelli (301) 734–7767 petitions and applications and agency public notice of release for this variety statements of organization and functions are Extension was held on February 14, 1994. examples of documents appearing in this • DATES: Comments must be received by section. Rural Economic & Community no later than August 16, 1995. Development ADDRESSES: 7 CFR 1955–B, Management of Property Send comments to: USDA– ARS–Office of Technology Transfer, DEPARTMENT OF AGRICULTURE Individuals or households; Business or other for-profit; Federal Government; Beltsville Agricultural Research Center, Baltimore Boulevard, Building 005, Forms Under Review by Office of State, Local or Tribal Government; Room 416, BARC–W, Beltsville, Management and Budget 2,810 responses; 960 hours Jack Holston, (202) 720–9736 Maryland 20705–2350. May 12, 1995. • Forest Service FOR FURTHER INFORMATION CONTACT: The Department of Agriculture has 36 CFR Part 228, Subpart A—Locatable Andrew Watkins of the Office of submitted to OMB for review the Minerals Technology Transfer at the Beltsville following proposal for the collection of FS–2800–5 address given above; telephone: 301/ information under the provisions of the Individual or households; Business or 504–6786. Paperwork Reduction Act (44 U.S.C. other for-profit; 2,000 responses; SUPPLEMENTARY INFORMATION: The Chapter 35) since the last list was 4,000 hours Federal Government’s plant variety published. This list is grouped into new Sam Hotchkiss, (202) 205–1535 protection rights to this variety are proposals, revisions, extension, or • Animal and Plant Health Inspection assigned to the United States of reinstatements. Each entry contains the Service America, as represented by the following information: Certificate for Poultry and Hatching Secretary of Agriculture. It is in the (1) Agency proposing the information Eggs for Export public interest to so license this collection; (2) Title of the information VS–17–6 invention, for the University of Idaho collection; (3) Form number(s), if Individuals or households; Business or has submitted a complete and sufficient applicable; (4) Who will be required or other for-profit; Farms; Federal application for a license. The asked to report; (5) An estimate of the Government; State, Local or Tribal prospective exclusive license will be number of responses; (6) An estimate of Government; 21,000 responses; 10,500 royalty-bearing and will comply with the total number of hours needed to hours the terms and conditions of 35 U.S.C. provide the information; (7) Name and Andrea M. Morgan, (301) 734–8383 209 and 37 CFR 404.7. The prospective telephone number of the agency contact exclusive license may be granted unless, person. Reinstatement within ninety days from the date of this Questions about the items in the • Rural Utilities Service published Notice, ARS receives written listing should be directed to the agency Accounting Requirements for RUS evidence and argument which person named at the end of each entry. Telephone Borrowers establishes that the grant of the license Copies of the proposed forms and Individuals or households; Not-for- would not be consistent with the supporting documents may be obtained profit institutions; 900 responses; requirements of 35 U.S.C. 209 and 37 from: Department Clearance Officer, 10,800 hours CFR 404.7. USDA, OIRM, Room 404–W Admin. Robert Purcell, (202) 720–5227 R.M. Parry, Bldg., Washington, DC 20250, (202) Larry K. Roberson, Assistant Administrator. 690–2118. Deputy Departmental Clearance Officer. [FR Doc. 95–12263 Filed 5–17–95; 8:45 am] Revision [FR Doc. 95–12262 Filed 5–17–95; 8:45 am] BILLING CODE 3410±03±M BILLING CODE 3410±01±M • Agricultural Marketing Service National Research, Promotion, and Forest Service Consumer Information Programs Agricultural Research Service Individual or households; Business or Southwest Oregon Provincial other for-profit; 4,617,405 responses; Notice of Intent To Grant Exclusive Interagency Executive Committee 409,961 hours License (PIEC), Advisory Committee Kenneth R. Payne, (202) 720–1115 AGENCY: Agricultural Research Service, AGENCY: Forest Service USDA. • National Agricultural Statistic Service USDA. ACTION: Notice of meeting. Field Crops Production ACTION: Notice of availability and intent. Business or other for-profit; Farms; SUMMARY: The Southwest Oregon PIEC 530,859 responses; 124,767 hours SUMMARY: Notice is hereby given that Advisory Committee will meet on June Larry Gambrell, (202) 720–5778 the U.S. Plan Variety Protection 1, 1995 at the Coos Bay Red Lion Hotel, • Animal and Plant Health Inspection Application Serial No. 94–00–265 1313 North Bayshore Drive, Coos Bay, Service ‘‘Rush Intermediate Wheatgrass,’’ is Oregon. The meeting will begin at 9:00 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26715 a.m. and continue until 4:30 p.m. Dated: May 9, 1995. Whereas, the South Louisiana Port Agenda items to be covered include: (1) Charles L. Myers, Commission, grantee of FTZ 124, has Summary of the Record of Decision for Acting Forest Supervisor. requested pursuant to § 400.32(b)(1)(i), a Amendments to Forest Service and [FR Doc. 95–12222 Filed 5–17–95; 8:45 am] revision (filed 3/27/95, (A(32b1)–2–95; Bureau of Land Management Planning BILLING CODE 3410±11±M FTZ Doc. 18–95, assigned 5/2/95) of the Documents Within the Range of the grant of authority for FTZ Subzone 124C Northern Spotted Owl; (2) Federal which would make its scope of agency and public issues that the authority identical to that recently DEPARTMENT OF COMMERCE Advisory Committee may want to granted for FTZ Subzone 199A at the refinery complex of Amoco Oil consider; (3) Identification of high Foreign-Trade Zones Board priority Advisory Committee work; (4) Company, Texas City, Texas (Board Open public forum. All Southwest [Order No. 735] Order 731, 60 FR 13118, 3/10/95); and, Oregon Province Advisory Committee Whereas, the request has been meetings are open to the public. Approval for Manufacturing Authority reviewed and the Assistant Secretary for Interested citizens are encouraged to (Plastic Food/Beverage Containers) Import Administration, acting for the attend. Within Foreign-Trade Zone 9 Honolulu, Board pursuant to § 400.32(b)(1), Hawaii concurs in the recommendation of the FOR FURTHER INFORMATION CONTACT: Executive Secretary, and approves the Direct questions regarding this meeting Pursuant to its authority under the request; to Chuck Anderson, Province Advisory Foreign-Trade Zones Act of June 18, Now Therefore, the Board hereby Committee staff, USDA, Rogue River 1934, as amended (19 U.S.C. 81a-81u), orders that, subject to the Act and the National Forest, P.O. Box 520, Medford, the Foreign-Trade Zones Board (the Board’s regulations, including § 400.28, Oregon 97501, 503–858–2322. Board) adopts the following Order: Board Order 667 is revised to replace the three conditions currently listed in Dated: May 10, 1995. After consideration of the application of the Department of Business, Economic the Order with the following conditions: Jame T. Gladen, Development & Tourism of the State of 1. Foreign status (19 CFR 146.41, 146.42) Forest Supervisor. Hawaii, grantee of FTZ 9, filed with the products consumed as fuel for the refinery [FR Doc. 95–12172 Filed 5–17–95; 8:45 am] Foreign-Trade Zones (FTZ) Board on March shall be subject to the applicable duty rate. 25, 1994, requesting authority on behalf of BILLING CODE 3410±11±M 2. Privileged foreign status (19 CFR 146.41) Pacific Allied Products, Ltd., to manufacture shall be elected on all foreign merchandise plastic food/beverage containers under zone admitted to the subzone, except that non- procedures within FTZ 9 solely for the Wildcat River Advisory Commission privileged foreign (NPF) status (19 CFR Hawaiian and export markets, the Board, 146.42) may be elected on refinery inputs finding that the requirements of the Foreign- covered under HTSUS Subheadings # AGENCY: Forest Service, USDA. Trade Zones Act and the Board’s regulations 2709.00.1000–# 2710.00.1050 and # are satisfied, and that the proposal is in the 2710.00.2500 which are used in the ACTION: Notice of meeting. public interest, approves the activity production of: proposed in the application for a period of —Petrochemical feedstocks and refinery by- SUMMARY: The Wildcat River Advisory 5 years (until July 1, 2000), subject to products (FTZ staff report, Appendix B); Commission will meet at the Jackson extension upon review. —Products for export; and, Town Hall in Jackson, New Hampshire, Approval is subject to the FTZ Act and the —Products eligible for entry under HTSUS # on June 14, 1995. The purpose of the FTZ Board’s regulations, including Section 9808.00.30 and 9808.00.40 (U.S. meeting is to continue with the 400.28. Government purchases). development of a Draft River Signed at Washington, DC, this 5th day of 3. The authority with regard to the NPF Management Plan for administration of May 1995. option is initially granted until September the designated Wild and Scenic Wildcat Susan G. Esserman, 30, 2000, subject to extension. River. The Wild and Scenic Rivers Act Assistant Secretary of Commerce for Import Signed at Washington, DC, this 9th day of requires the establishment of an Administration, Alternate Chairman, Foreign- May 1995. advisory commission to advise the Trade Zones Board. Paul L. Joffe, Secretary of Agriculture on [FR Doc. 95–12194 Filed 5–17–95; 8:45 am] Acting Assistant Secretary of Commerce for administration of the river. The public BILLING CODE 3510±DS-P Import Administration, Alternate Chairman, Foreign-Trade Zones Board. is encouraged to attend the meeting and may provide written comment on the Attest: [Order No. 739] plan to the commissioners c/o the John J. Da Ponte, Jr., district office. Revision of Grant of Authority Executive Secretary. [FR Doc. 95–12195 Filed 5–17–95; 8:45 am] DATES: The meeting will be held June Subzone 124C Star Enterprise (Oil 14, 1995, at 7:30 p.m. Refinery) Convent, Louisiana BILLING CODE 3510±DS±P ADDRESSES: The meeting will be held at Pursuant to its authority under the [Order No. 736] the Jackson Town Hall, Route 16B, Foreign-Trade Zones Act of June 18, Jackson, New Hampshire. 1934, as amended (19 U.S.C. 81a–81u), Approval of Manufacturing Activity the Foreign-Trade Zones Board (the Send written comments to David Pratt Columbus Industries, Inc. (Air Filters) Board) adopts the following Order: III, Saco Ranger District, White Within Foreign-Trade Zone 138 Whereas, the Foreign-Trade Zones Mountain National Forest, 33 Columbus, Ohio (FTZ) Board (the Board) authorized Kancamagus Highway, Conway, NH subzone status at the refinery complex Pursuant to its authority under the 03818. of Star Enterprise in Convent, Louisiana, Foreign-Trade Zones Act of June 18, FOR FURTHER INFORMATION CONTACT: in 1993, subject to three conditions 1934, as amended (19 U.S.C. 81a–81u), David Pratt III, Saco Ranger District, (Subzone 124C, Board Order 667, 59 FR the Foreign-Trade Zones Board (the (603) 447–5448. 60, 1/3/94); Board) adopts the following Order: 26716 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices Whereas, the Board’s regulations [Dockets 21±95; 22±95] components range from duty-free to 15 require Board approval prior to percent. The applications indicate that commencement of new manufacturing/ Foreign-Trade Zone 168ÐDallas-Fort savings from zone procedures would Worth, Texas; Foreign-Trade Zone processing activity within existing zone help the international competitiveness 196ÐFort Worth, Texas; Requests for facilities; of Nokia’s domestic plants. Expanded Manufacturing Authority In accordance with the Board’s Whereas, the Rickenbacker Port Nokia Mobile Phones Manufacturing regulations, a member of the FTZ Staff Authority, grantee of FTZ 138, has (USA), Inc. (Telecommunications has been appointed examiner to requested authority under § 400.32(b)(1) Products) investigate the applications and report of the Board’s regulations on behalf of Applications have been submitted to to the Board. Columbus Industries, Inc., to the Foreign-Trade Zones Board (the Public comment on the applications is manufacture air filters under zone Board) by the Foreign-Trade Zone invited from interested parties. procedures within FTZ 138, Columbus, Operating Company of Texas, operator Submissions (original and three copies) Ohio (filed 4/29/94, FTZ Docket of FTZ 168, and Alliance Corridor, Inc., shall be addressed to the Board’s A(32b1)–1–94; amended 8/9/94; Doc. grantee of FTZ 196, requesting authority Executive Secretary at the address 11–95, assigned 3/29/95); on behalf of Nokia Mobile Phones below. The closing period for their Manufacturing (USA), Inc./Nokia receipt is July 17, 1995. Rebuttal Whereas, pursuant to said provision, Mobile Phones Trading (USA), Inc. comments in response to material the Commerce Department’s Assistant (Nokia), to expand Nokia’s authority to submitted during the foregoing period Secretary for Import Administration has manufacture telecommunications may be submitted during the subsequent the authority to act for the Board in products under zone procedures within 15-day period (to August 1, 1995). Copies of the applications and the making such decisions in situations FTZ 168 and FTZ 196. The applications accompanying exhibits will be available where the incoming merchandise for the were submitted pursuant to the for public inspection at each of the proposed activity is admitted in foreign- provisions of the Foreign-Trade Zones following locations: privileged status (§ 400.32(b)(1)(iii)); Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR U.S. Department of Commerce, District Whereas, the request, as amended, Office, 2050 N. Stemmons Freeway, states that Columbus Industries will pay Part 400). They were formally filed on May 8, 1995. Suite 170, Dallas, TX 75258 full duties on all merchandise admitted The FTZ Board authorized Nokia to Office of the Executive Secretary, to the zone for its use in the manufacture cellular phones using Foreign-Trade Zones Board, U.S. manufacture of products for the certain foreign components under zone Department of Commerce, Room domestic market (e.g., no duty procedures within FTZ 168 and FTZ 3716, 14th & Pennsylvania Avenue, exemption will be claimed for scrap and 196 in late 1994 (Board Orders 728 and NW., Washington, DC 20230. waste); and 729, 60 FR 2376, 1/9/95). Dated: May 10, 1995. Whereas, the FTZ Staff has reviewed Nokia is now seeking authority to John J. Da Ponte, Jr., the proposal, taking into account the manufacture a broader range of Executive Secretary. criteria of § 400.31, and the Executive telecommunications products at its [FR Doc. 95–12197 Filed 5–17–95; 8:45 am] plants within FTZ 168 and FTZ 196, Secretary has recommended approval; BILLING CODE 3510±DS±P including mobile/cellular phones, Now, Therefore, the Assistant cellular phone systems equipment, Secretary for Import Administration, office and cellular switching systems, [Order No. 740] telecommunications network acting for the Board pursuant to Revision of Grant of Authority, equipment, and related signal and data § 400.32(b)(1), concurs in the Subzone 116A, Star Enterprise (Oil processing equipment. Many of the recommendation and hereby approves Refinery); Jefferson/Hardin Counties, components for the finished cellular the request, as amended, subject to the Texas Act and the Board’s regulations, phones are currently sourced from including § 400.28, and subject to the abroad, including printed circuits, Pursuant to its authority under the further requirement that all integrated circuits, semiconductors, Foreign-Trade Zones Act of June 18, merchandise admitted to the zone for resistors, capacitors, diodes, crystals, 1934, as amended (19 U.S.C. 81a-81u), liquid crystal display panels, switches, the Columbus Industries operation shall the Foreign-Trade Zones Board (the speakers, antennas, power supplies, be placed in privileged foreign status Board) adopts the following Order: transformers, batteries, pagers, leather Whereas, the Foreign-Trade Zones (19 CFR 146.41). and plastic cases, rubber and plastic (FTZ) Board (the Board) authorized Signed at Washington, DC, this 5th day of parts, fasteners, iron and steel parts, and subzone status at the refinery complex May 1995. packaging materials. Other components of Star Enterprise in Jefferson/Hardin that may also be sourced from abroad Counties (Port Arthur area), Texas, in Susan G. Esserman, include signal reception and 1993, subject to three conditions Assistant Secretary of Commerce for Import transmission equipment, sound (Subzone 116A, Board Order 668, 59 FR Administration, Alternate Chairman, Foreign- recording equipment, electric motors, 61, 1/3/94); Trade Zones Board. glass envelopes, propylene, cabinets, Whereas, the Foreign-Trade of wire, cable, and computers/components. Southeast Texas, grantee of FTZ 116, Attest: Zone procedures would exempt Nokia has requested pursuant to John J. Da Ponte, Jr., from Customs duty payments on the § 400.32(b)(1)(i), a revision (filed 3/27/ foreign components used in export 95, A(32b1)-3–95; FTZ Doc. 19–95, Executive Secretary. production. On its domestic sales, the assigned 5/2/95) of the grant of [FR Doc. 95–12196 Filed 5–17–95; 8:45 am] company would be able to choose the authority for FTZ Subzone 116A which duty rates that apply to finished would make its scope of authority BILLING CODE 3510±DS±P products (free-8.7%). The duty rates on identical to that recently granted for Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26717 FTZ Subzone 199A at the refinery determined the total bounty or grant to among other things, is intended to complex of Amoco Oil Company, Texas be 0.48 percent ad valorem for all conform the Department’s regulations to City, Texas (Board Order 731, 60 FR companies during the period January 1, the Uruguay Round Agreements Act. 13118, 3/10/95); and, 1993, through December 31, 1993. In See 60 FR 80 (Jan. 3, 1995). Whereas, the request has been accordance with 19 CFR 355.7, any rate Partial Revocation reviewed and the Assistant Secretary for less than 0.5 percent ad valorem is de Import Administration, acting for the minimis. If the final results remain the On May 31, 1994, in its request for Board pursuant to § 400.32(b)(1), same as these preliminary results of administrative review, the GOM concurs in the recommendation of the administrative review, we will instruct submitted a request for partial Executive Secretary, and approves the the U.S. Customs Service to liquidate, revocation for 14 companies which request; without regard to countervailing duties included only the agreements required Now Therefore, the Board hereby as indicated above. under 19 CFR 355.25(b)(3)(iii). On orders that, subject to the Act and the Interested parties are invited to November 14, 1995, in its submission of Board’s regulations, including § 400.28, comment on these preliminary results. the questionnaire response, the GOM Board Order 668 is revised to replace EFFECTIVE DATE: May 18, 1995. submitted company and government certifications as required under 19 CFR the three conditions currently listed in FOR FURTHER INFORMATION CONTACT: 355.25(b)(3)(i) and (ii) to complete its the Order with the following conditions: Gayle Longest or Kelly Parkhill, Office request for partial revocation. After 1. Foreign status (19 CFR 146.41, 146.42) of Countervailing Compliance, Import examining the record for each of the 14 products consumed as fuel for the refinery Administration, International Trade shall be subject to the applicable duty rate. companies identified in the requests for Administration, U.S. Department of revocation, the Department has 2. Privileged foreign status (19 CFR 146.41) Commerce, 14th Street and Constitution shall be elected on all foreign merchandise determined that none of them have met admitted to the subzone, except that non- Avenue NW., Washington, DC 20230; the minimum threshold requirements to privileged foreign (NPF) status (19 CFR telephone: (202) 482–2786. be considered for revocation under 19 146.42) may be elected on refinery inputs # SUPPLEMENTARY INFORMATION: CFR 355.25(a)(3)(i). These companies covered under HTSUS Subheadings did not participate in five consecutive 2709.00.1000–# 2710.00.1050 and # Background 2710.00.2500 which are used in the administrative reviews in which they production of: On May 10, 1982, the Department were found not to have received any net published in the Federal Register (47 —Petrochemical feedstocks and refinery by- subsidy, including the review in which products (FTZ staff report, Appendix B); FR 20012) the countervailing duty order they are requesting revocation, and with —Products for export; and, on ceramic tile from Mexico. On May 4, no intervening period in which a review —Products eligible for entry under HTSUS # 1994, the Department published a notice of the company was not conducted. 9808.00.30 and 9808.00.40 (U.S. of ‘‘Opportunity to Request Moreover, under 19 CFR 355.25(b)(3), Government purchases). Administrative Review’’ (59 FR 23051) a company must request revocation in 3. The authority with regard to the NPF of this duty order. We received a timely writing and, with its request, submit (1) option is initially granted until September request for review from the Government government and company certifications 30, 2000, subject to extension. of Mexico (GOM) and Ceramica that the company neither applied for Signed at Washington, DC, this 9th day of Regiomontana, S.A., (Ceramica). nor received any net subsidy during the May 1995. On June 15, 1994, we initiated the period of review and will not apply for Paul L. Joffe, review, covering the period January 1, or receive any net subsidy in the future; Acting Assistant Secretary of Commerce for 1993, through December 31, 1993 (59 FR and (2) the agreement concerning Import Administration, Alternate Chairman, 30770). The review covers 40 revocation described in 19 CFR Foreign-Trade Zones Board. manufacturers/exporters of the subject 355.25(a)(3)(iii). (According to 19 CFR Attest: merchandise and four programs. 355.25(a)(3)(iii), producers or exporters must agree in writing to their immediate John J. Da Ponte, Jr., Applicable Statute and Regulations Executive Secretary. reinstatement in the order, as long as The Department is conducting this any producer or exporter is subject to [FR Doc. 95–12198 Filed 5–17–95; 8:45 am] administrative review in accordance the order, if the Secretary concludes that BILLING CODE 3510±DS±P with section 751(a) of the Tariff Act of the producer or exporter, subsequent to 1930, as amended (the Act). Unless the revocation, has received any net International Trade Administration otherwise indicated, all citations to the subsidy on the merchandise.) In this statute and to the Department’s case, although the companies filed the [C±201±003] regulations are in reference to the agreements required under 19 CFR provision as they existed on December 355.25(a)(3)(iii) at the time of the Ceramic Tile From Mexico; Preliminary 31, 1994. However, references to the revocation request, they did not submit Results of Countervailing Duty Department’s Countervailing Duties; government and company certifications Administrative Review Notice of Proposed Rulemaking and required under 19 CFR 355.25(b)(3)(i) AGENCY: Import Administration, Request for Public Comments, 54 FR and (ii) until November 14, 1995, the International Trade Administration, 23366 (May 31, 1989) (Proposed deadline for submission of the Department of Commerce. Regulations), are provided solely for questionnaire response. ACTION: Notice of preliminary results of further explanation of the Department’s All of the requirements for revocation countervailing duty administrative countervailing duty practice. Although are fully discussed in Ceramic Tile review. the Department has withdrawn the From Mexico; Preliminary Results of particular rulemaking proceeding Countervailing Duty Administrative SUMMARY: The Department of Commerce pursuant to which the Proposed Review and Intent To Revoke in Part (the Department) is conducting an Regulations were issued, the subject Countervailing Duty Order (58 FR administrative review of the matter of these regulations is being 31505; June 3, 1993) and Ceramic Tile countervailing duty order on ceramic considered in connection with an From Mexico; Final Results of tile from Mexico. We have preliminarily ongoing rulemaking proceeding which, Countervailing Duty Administrative 26718 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices Review and Revocation in Part of the (export loans). In addition, these loans and the benchmark interest Countervailing Duty Order (59 FR 2823; BANCOMEXT may provide financing to rate by the outstanding principal and January 19, 1994). For the reasons stated foreign buyers of Mexican goods and then multiplied this amount by the term above, these 14 companies did not meet services. of the loan divided by 365. We then those requirements and are therefore, The Department has previously found weight-averaged the benefit received by not eligible for revocation in this this program to confer an export subsidy each company using as the weight its administrative review. to the extent that the loans are provided share of total Mexican exports to the at preferential terms (See Ceramic Tile United States of the subject Scope of Review From Mexico; Preliminary Results of merchandise. On this basis, we Imports covered by this review are Countervailing Duty Review (57 FR preliminarily determine the benefit from shipments of Mexican ceramic tile, 5997, February 19, 1992) and Ceramic this program to be 0.0002 percent ad including non-mosaic, glazed, and Tile From Mexico; Final Results of valorem for all companies. unglazed ceramic floor and wall tile. Countervailing Duty Review (57 FR During the review period, such 24247, June 8, 1992). In this review the PITEX merchandise was classifiable under the GOM provided no new information or The Program for Temporary Harmonized Tariff Schedule (HTS) item evidence of changed circumstances that Importation of Products used in the numbers 6907.10.0000, 6907.90.0000, would lead the Department to alter that Production of Exports (PITEX) was 6908.10.0000, and 6908.90.0000. The determination. established by a decree published in the HTS item numbers are provided for We found that the annual interest Diario Oficial on May 9, 1985, and convenience and Customs purposes. rates BANCOMEXT charged to amended in the Diario Oficial on The written description remains borrowers for certain loans on which September 19, 1986, and May 3, 1990. dispositive. interest payments were due during the The program is jointly administered by review period were lower than the Ministry of Commerce and Calculation Methodology for commercial rates. The BANCOMEXT Industrial Development (SECOFI) and Assessment and Cash Deposit Purposes dollar-denominated loans under review the Customs Administration. Under We calculated the bounty or grant on were granted at annual interest rates PITEX, exporters with a proven export a country-wide basis by first calculating ranging from 5.9 percent to 10.0 percent. record may receive authorization to the bounty or grant for each company As discussed in Certain Steel Products temporarily import products to be used subject to the administrative review. We from Mexico; Final Countervailing Duty in the production of exports for up to then weight-averaged the rate received Determination (58 FR 37357, July 9, five years without having to pay the by each company, even those with de 1993), because loans are funded by import duties normally imposed on minimis and zero rates, using as the BANCOMEXT through commercial those imports. PITEX allows for the weight its share of total Mexican exports banks in dollars and indexed to dollars exemption of import duties for the to the United States of subject for repayment, we used a dollar following categories of merchandise merchandise. We then summed the benchmark. As the benchmark for used in export production: raw individual companies’ weight-averaged BANCOMEXT pre-export and export materials, packing materials, fuels and rates to determine the bounty or grant dollar-denominated loans granted in lubricants, machinery used to from all programs benefitting exports of 1993, we used the average of the manufacture products for export, and subject merchandise to the United quarterly weighted-average effective spare parts and other machinery. The States. Since the country-wide rate interest rates published in the Federal importer must post a bond or other calculated using this methodology was Reserve Bulletin, which resulted in an security to guarantee the reexportation de minimis, as defined by 19 CFR 355.7, annual benchmark of 7.03 percent in of the temporary imports. Because it is no further calculations were necessary. 1993. only available to exporters, the We consider the benefits from short- Department previously found in Certain Analysis of Programs term loans to occur at the time the Textile Mill Products From Mexico; I. Programs Conferring Subsidies interest is paid. Because interest on Final Results of Countervailing Duty BANCOMEXT pre-export loans is paid Administrative Review (56 FR 50859, A. Programs Previously Found to Confer at maturity, we calculated benefits October 9, 1991) and Ceramic Tile From Subsidies BANCOMEXT Financing for based on loans that matured during the Mexico; Final Results of Countervailing Exporters review period; these were obtained Duty Administrative Review (57 FR Effective January 1, 1990, the Mexican between August 1992 and October 1993. 24247, June 8, 1992) that PITEX Treasury Department eliminated the Interest on BANCOMEXT export loans provides countervailable benefits to the Fondo para el Fomento de las is paid in advance; we therefore extent that it provides duty exemptions Exportaciones de Productos calculated benefits based on on imports of merchandise not Manufacturados (FOMEX) loan program BANCOMEXT loans received during the physically incorporated into exported and transferred the FOMEX trust to the review period. products. The GOM provided no new Banco Nacional de Comercio Exterior, Three exporters of ceramic tile information or evidence of changed S.N.C. (BANCOMEXT). BANCOMEXT products used BANCOMEXT pre-export circumstances that would lead the offers short-term financing to producers financing and one company used Department to alter that determination. or trading companies engaged in export BANCOMEXT export financing. During the review period, four activities; any company generating Because we found that the exporters companies used the PITEX program for foreign currency through exports is were able to tie their BANCOMEXT imports of machinery and spare parts eligible for financing under this loans to specific sales, we measured the which are not physically incorporated program. The BANCOMEXT program benefit only from the BANCOMEXT into exported products. To determine operates much like its predecessor, loans tied to sales of the subject the benefit for each exporter, we FOMEX. BANCOMEXT provides two merchandise to the United States. To calculated the duties that should have types of financing, both in U.S. dollars, determine the benefit for each exporter, been paid on the non-physically to exporters: working capital loans (pre- we multiplied the difference between incorporated items that were imported export loans), and loans for export sales the interest rate charged to exporters for under the PITEX program during the Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26719 review period. We then divided that To calculate the benefit, we methodology and interested parties may amount by each company’s total exports multiplied the difference between the request a hearing not later than 10 days and weight-averaged the benefit benchmark rate and the interest rate in after the date of publication of this received by each company using as the effect for the NAFINSA loan by the notice. Pursuant to 19 CFR 355.38(c), weight its share of total Mexican exports principal outstanding during the review interested parties may submit written to the United States of the subject period. We divided the benefit by the arguments in case briefs on these merchandise. On this basis, we firm’s total sales during the review preliminary results within 30 days of preliminarily determine the benefit from period and then weight-averaged the the date of publication. Rebuttal briefs, this program to be 0.47 percent ad benefit received by each company using limited to arguments raised in case valorem for all companies. as the weight its share of total Mexican briefs, may be submitted seven days exports to the United States of the after the time limit for filing the case NAFINSA Long-Term Loans subject merchandise. On this basis, we brief. Any hearing, if requested, will be Two companies received long-term preliminarily determine the benefit from held seven days after the scheduled date financing from NAFINSA loans this program to be 0.01 percent ad for submission of rebuttal briefs. Copies (Nacional Finciera Sociedad Anonima). valorem for all companies. of case briefs and rebuttal briefs must be served on interested parties in Until December 31, 1988, NAFINSA II. Programs Preliminarily Found To Be accordance with 19 CFR 355.38(e). operated as a first-tier bank, which is Not Used defined as a commercial bank that Representatives of parties to the provides financing directly to the We also examined the following proceeding may request disclosure of public. Since December 31, 1988, programs and preliminarily determined proprietary information under NAFINSA has operated as ‘‘second-tier’’ that exporters of the subject administrative protective order no later bank granting financing to companies merchandise did not apply for or than 10 days after the representative’s indirectly through the commercial bank, receive benefits under these programs client or employer becomes a party to during the review period: (i.e., first-tier banks). NAFINSA long- the proceeding, but in no event later (A) Other BANCOMEXT preferential term loans have been found to be than the date the case briefs, under financing; specific in past proceedings because § 355.38(c), are due. The Department (B) Other Dollar-Denominated will publish the final results of this availability was limited to specific Financing Programs; geographical regions of Mexico. See administrative review, including the (C) Fiscal Promotion Certificates results of its analysis of issues raised in Bars and Shapes from Mexico Final (CEPROFI); Affirmative Countervailing Duty any case or rebuttal brief, or at a (D) Import duty reductions and hearing. This administrative review and Determinations and Countervailing Duty exemptions; Orders 49 FR 161 (August 17, 1984). notice are in accordance with section (E) State tax incentives; 751(a)(1) of the Act (19 U.S.C. The GOM has provided no new (F) Article 15 Loans; 1675(a)(1)) and 19 CFR 355.22. information or evidence of changed (G) NAFINSA FONEI-type financing; circumstances to lead us to conclude and Dated: May 10, 1995. that this program is not limited to (H) NAFINSA FOGAIN-type Susan G. Esserman, companies in specific regions. financing. Assistant Secretary for Import Therefore, we preliminarily determine Preliminary Results of Review Administration. that NAFINSA long-term loans are [FR Doc. 95–12199 Filed 5–17–95; 8:45 am] For the period January 1, 1993, specific. BILLING CODE 3510±DS±P through December 31, 1993, we Since the GOM did not provide any preliminarily determined the total information on long-term interest rates, bounty or grant to be 0.48 percent ad we are using a short-term CPP based rate Export Trade Certificate of Review valorem for all companies. In as our benchmark rate in accordance accordance with 19 CFR 355.7, any rate ACTION: Notice of Application for an with our practices as set forth in section less than 0.5 percent ad valorem is de Amendment to an Export Trade 355.49(b)(iii) of the Department’s minimis. Certificate of Review, Application No. regulations. See Countervailing Duties; If the final results remain the same as 90–5A007. Notice of Proposed Rulemaking and these preliminary results, the SUMMARY: The Department of Commerce Request for Public Comments, 54 FR Department intends to instruct the U.S. has received an application to amend an 23366, 23384 (May 31, 1989). In past Customs Service to liquidate, without Export Trade Certificate of Review. This Mexican cases, we have used the Costo regard to countervailing duties, all notice summarizes the amendment and Porcentual Promedio (CPP), a short-term shipments of the subject merchandise requests comments relevant to whether interest rate, as the basis for our from Mexico exported on or after the amended Certificate should be benchmark. We have converted the CPP January 1, 1993, and on or before issued. rate into a benchmark rate using a December 31, 1993. standard formula that has been used The Department also intends to FOR FURTHER INFORMATION CONTACT: W. consistently in past Mexican cases. See instruct the U.S. Customs Service to Dawn Busby, Director, Office of Export Porcelain-on-Steel Cookingware from collect a cash deposit of estimated Trading Company Affairs, International Mexico; Final Results of Countervailing countervailing duties of zero percent of Trade Administration, 202–482–5131. Duty Administrative Review, 57 FR 562 the f.o.b. invoice price on all shipments This is not a toll-free number. (January 7, 1982). Using this of the subject merchandise from all SUPPLEMENTARY INFORMATION: Title III of methodology, we calculated an annual companies, entered or withdrawn from the Export Trading Company Act of average benchmark of 29.79 percent for warehouse, for consumption on or after 1982 (15 U.S.C. 4001–21) authorizes the the peso-denominated loans. A the date of publication of the final date Secretary of Commerce to issue Export comparison between the benchmark rate of the publication of the final result of Trade Certificates of Review. A and the NAFINSA loan rates indicates this review. Certificate of Review protects the holder that these loans are inconsistent with Parties to the proceeding may request and the members identified in the commercial considerations. disclosure of the calculation Certificate from state and federal 26720 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices government antitrust actions and from Dated: May 15, 1995. salmon protected by the Endangered private, treble damage antitrust actions Jude Kearney, Species Act (ESA). In addition, eleven for the export conduct specified in the Deputy Assistant Secretary for Service public hearings were announced. NMFS Certificate and carried out in Industries and Finance. is announcing one additional public compliance with its terms and [FR Doc. 95–12275 Filed 5–17–95; 8:45 am] hearing. conditions. Section 302(b)(1) of the Act BILLING CODE 3510±DR±P DATES: The public hearing is scheduled and 15 CFR 325.6(a) require the as follows: Secretary to publish a notice in the June 21, 1995, 6:30 p.m. to 9:30 p.m., Federal Register identifying the Purdue University, Decision on Idaho Falls, ID. applicant and summarizing its proposed Application for Duty-Free Entry of ADDRESSES: The hearing will be held at export conduct. Scientific Instrument the following location: Idaho Falls—Center for Higher Request for Public Comments This decision is made pursuant to Section 6(c) of the Educational, Education Bldg., 1776 Science Center Interested parties may submit written Scientific, and Cultural Materials Drive, Idaho Falls, ID 83402. comments relevant to determining Importation Act of 1966 (Pub. L. 89– FOR FURTHER INFORMATION CONTACT: whether the Certificate should be 651, 80 Stat. 897; 15 CFR part 301). Robert Jones, Recovery Plan amended. An original and five (5) Related records can be viewed between Coordinator, Environmental and copies should be submitted not later 8:30 AM and 5:00 PM in Room 4211, Technical Services Division, NMFS, than 20 days after the date of this notice U.S. Department of Commerce, 14th and (503) 230–5400. to: Office of Export Trading Company Constitution Avenue, N.W., Dated: May 11, 1995. Affairs, International Trade Washington, D.C. Patricia A. Montanio, Docket Number: 95–004. Applicant: Administration, Department of Acting Deputy Director, Office of Protected Commerce, Room 1800H, Washington, Purdue University, West Lafayette, IN Resources, National Marine Fisheries Service. 47907. Instrument: Electron Microscope, DC 20230. Information submitted by any [FR Doc. 95–12181 Filed 5–17–95; 8:45 am] person is exempt from disclosure under Model CM200. Manufacturer: Philips, BILLING CODE 3510±22±F the Freedom of Information Act (5 The Netherlands. Intended Use: See U.S.C. 552). Comments should refer to notice at 60 FR 9662, February 21, 1995. this application as ‘‘Export Trade Order Date: July 28, 1994. [Docket No. 950508132±5132±01; I.D. Certificate of Review, application Comments: None received. Decision: 010995D] number 90–5A007.’’ Approved. No instrument of equivalent scientific value to the foreign Information Relating to Bowhead Export Trade Certificate of Review instrument, for such purposes as this Whales; U.S. Implementation of No. 90–00007, was issued to the U.S. instrument is intended to be used, was Bowhead Whale Strike Quota Surimi Commission (‘‘USSC’’) on being manufactured in the United States August 22, 1990 (55 FR 35445, August AGENCY: National Marine Fisheries at the time the instrument was ordered. Service (NMFS), National Oceanic and 30, 1990) and previously amended on Reasons: The foreign instrument is a December 12, 1990 (55 FR 53031, Atmospheric Administration (NOAA), conventional transmission electron Commerce. December 26, 1990), June 11, 1991 (56 microscope (CTEM) and is intended for ACTION: FR 27946, June 18, 1991), May 22, 1992 research or scientific educational uses Notice of information; request (57 FR 23078, June 1, 1992), and on requiring a CTEM. We know of no for comments. August 12, 1993 (58 FR 44504, August CTEM, or any other instrument suited to SUMMARY: 23, 1993). NOAA is soliciting public these purposes, which was being comment on the proposed allocation to Summary of the Application manufactured in the United States at the U.S. natives of the International time of order of the instrument. Whaling Commission (IWC) bowhead Applicant: United States Surimi whale catch limit. Commission (‘‘USSC’’), 4200 First Frank W. Creel, DATES: Comments must be submitted on Interstate Center, Seattle, Washington Director, Statutory Import Programs Staff or before June 19, 1995. 98104–4082. [FR Doc. 95–12200 Filed 5–17–95; 8:45 am] ADDRESSES: Written comments may be Contact: Paul MacGregor, Legal BILLING CODE 3510±DS±F mailed to the Office of International Counsel, Telephone: 206/624–5950. Affairs, National Marine Fisheries Application No.: 90–5A007. Service, 1315 East-West Highway, Silver National Oceanic and Atmospheric Date Deemed Submitted: May 5, 1995. Spring, MD 20910. A list of documents Administration reviewed for this action may be Proposed Amendment: USSC seeks to [I.D. 040795A] obtained upon request, and the amend its Certificate to: documents examined during the 1. Add the following companies as Endangered and Threatened Wildlife comment period during business hours ‘‘Members’’ within the meaning of and Plants; Public Hearing (9 a.m. to 5 p.m.) at this address. § 325.2(1) of the Regulations (15 CFR FOR FURTHER INFORMATION CONTACT: AGENCY: Kim 325.2(1)): Alaska Trawl Fisheries, Inc., National Marine Fisheries Service (NMFS), National Oceanic and Blankenbeker, 301–713–2276. Edmonds, Washington (controlling SUPPLEMENTARY INFORMATION: NOAA is entity: Daerim Corporation, Seoul, Atmospheric Administration (NOAA), Commerce. responsible for implementation and Korea); and Emerald Seafoods, NW. enforcement of the Marine Mammal (controlling entity: Emerald Seafoods, ACTION: Notice of additional public hearing. Protection Act (16 U.S.C. 1361–1407), NW., Limited Partnership). the Endangered Species Act (16 U.S.C 2. Add the following product to SUMMARY: On April 18, 1995, NMFS 1531–1543), and the Whaling Export Trade as defined by § 325.2(j) of published a notice of availability of a Convention Act (16 U.S.C. 916–9161). In the Regulations: White fish meal. proposed recovery plan for Snake River addition, it provides staff support to the Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26721 U.S. Commissioner to the IWC and to suggested that the population currently set at levels which allow whale stocks to the IWC Interagency Committee. is increasing at 3.1 percent annually (95 move to the MSY level. Consistent with these responsibilities, percent confidence interval 1.4 percent NOAA develops positions for to 4.7 percent), is at 36 percent of its Given the above-stated minimum implementation of the aboriginal/ pre-exploitation abundance (95 percent estimate of replacement yields of 104, subsistence harvest of bowhead whales confidence interval 0.27–0.44), and has an aboriginal/subsistence catch can be under paragraph 13 of the Schedule to a median value for the replacement permitted in 1995. the International Convention on the yield of 199 (95 percent probability Therefore, the catch limits for Regulation of Whaling, December 2, interval 97–300). A minimum bowhead whales in 1995 shall be such 1946, 62 Stat. 1716, T.I.A.S. No. 1849 replacement yield was estimated to be that no more than a total of 68 bowhead (entered into force, November 10, 1948). 104 animals per year; 104 is the fifth whales are struck. For the years 1995 to In order to provide for review and percentile replacement yield of the 1998 combined, the number of bowhead comment by the public of the data upon replacement yield distribution. whales landed shall not exceed 204. which the U.S. positions are based, the Projections of population size under Authority: 16 U.S.C. 916, 1361–1407, following information is provided: (1) three levels of takes were made, 1531–43. The IWC catch level available for the suggesting that the population likely U.S. aboriginal/subsistence bowhead would increase at recent levels of Dated: May 11, 1995. whale harvest for 1995–98; (2) a aboriginal catches. Major uncertainties Gary Matlock, summary of available bowhead identified included: (1) Completing the Program Management Officer, National scientific information, including analysis of the acoustic survey data from Marine Fisheries Service. estimates of current population level 1993, (2) methods of correcting visual [FR Doc. 95–12182 Filed 5–17–95; 8:45 am] and annual recruitment rates; (3) a sighting data for distribution away from BILLING CODE 3510±22±F summary of information on the nature the sighting location, (3) prior and extent of aboriginal/subsistence distributions for several input need; (4) the level of aboriginal/ parameters, and (4) the degree of genetic subsistence harvest limits that could be interchange between this stock and COMMISSION ON CIVIL RIGHTS implemented domestically; and (5) other more depleted stocks of bowhead notice of the availability of those whales. Agenda and Notice of Public Meeting documents reviewed by NOAA and 3. Aboriginal/Subsistence Need of the South Carolina Advisory relied on by the Under Secretary of Committee Commerce for Oceans and Atmosphere In 1994, in response to a Federal in making his finding on the range of Register document soliciting comments Notice is hereby given, pursuant to harvest limits. NOAA is soliciting on a proposed U.S. position, the Alaska the provisions of the rules and public comment on the proposed Eskimo Whaling Commission (AEWC) regulations of the U.S. Commission on domestic implementation of the IWC submitted a recalculation of the Civil Rights, that a meeting of the South bowhead whale catch limit. aboriginal subsistence and cultural need Carolina meeting to the Commission 1. Catch Level for 9 whaling villages using estimated will convene at 10:00 a.m. and adjourn populations for 1992 provided by the At the 46th Annual Meeting of the at 1:00 p.m. on Friday, June 2, 1995, at State Demographer of Alaska. Based on the Adams Mark Inn, Meeting Room, IWC in Puerto Vallarta, Mexico, May the 1992 estimated populations, the 23–27, 1994, the following catch limit 1200 Hampton Street (Downtown), calculated need for bowhead whales in Columbia, South Carolina. The purpose was established for aboriginal/ those 9 whaling villages was 50. subsistence whaling: of the meeting is to release the report, At the 1994 Annual Meeting of the Perceptions of Racial Tensions in South For the years 1995, 1996, 1997, and 1998, IWC, the United States sought IWC Carolina; discuss civil rights progress the number of bowhead whales landed shall recognition that the island of Little and/or problems in the State; and not exceed 204, and the number of bowhead Diomede has a subsistence and cultural discuss future project plans. whales struck shall not exceed 68 in 1995, 67 need to land 1 bowhead whale per year. in 1996, 66 in 1997, and 65 in 1998, except Together with the 50 bowheads needed Persons desiring additional that any unused portion of the strike quota information, or planning a presentation for each year shall be carried forward from for the other whaling villages, the total needed is 51. Assuming a target to the Committee, should contact Bobby that year and added to the strike quota of any D. Doctor, Director of the Southern subsequent years, provided that no more than efficiency rate of 75 percent, this would 10 strikes shall be added to the strike quota require a quota of 68 strikes. Regional Office, 404–730–2476 (TDD for any 1 year. In setting a limit of 204 bowhead 404–730–2481). Hearing-impaired whales landed for 4 years (an average of persons who will attend the meeting It was clarified on the floor of the and require the services of a sign meeting that if 15 of the allowed strikes 51 animals per year), the United States believes that the IWC implicitly language interpreter should contact the were not used in 1 year, 10 of those Regional Office at least five (5) working strikes could be carried over to the next acknowledged the subsistence and days before the scheduled date of the year and the remaining 5 strikes could cultural need of Little Diomede to land meeting. be added to another year. 1 bowhead whale per year. The meeting will be conducted 4. Domestic Harvest Range 2. Scientific Information pursuant to the provisions of the rules At the 1994 Annual Meeting of the The IWC management scheme for and regulations of the Commission. IWC, an assessment of the status of aboriginal/subsistence whaling provides Dated at Washington, DC, May 4, 1995. bowhead whales was completed using a (in Schedule paragraph 13(a)(2)): Carol-Lee Hurley, series of relative abundance estimates For stocks below the maximum sustainable Chief, Regional Programs Coordination Unit. and an absolute abundance from yield (MSY) level but above a certain acoustic and visual survey data minimum level, aboriginal/subsistence [FR Doc. 95–12223 Filed 5–17–95; 8:45 am] collected in 1988. The resulting analysis catches shall be permitted so long as they are BILLING CODE 6335±01±P 26722 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices DEPARTMENT OF DEFENSE information collection should be sent to Defense Science Board Task Force on Mr. Weiss at the Office of Management Unique Surveillance Technologies Public Information Collection and Budget, Desk Officer for DoD, Room Requirement Submitted to the Office of 10236, New Executive Office Building, ACTION: Notice of Advisory Committee Management and Budget (OMB) for Washington, DC 20503. Meetings. Review DOD Clearance Officer: Mr. William SUMMARY: The Defense Science Board ACTION: Notice. Pearce. Task Force on Unique Surveillance Technologies will meet in closed Written requests for copies of the The Department of Defense has session on May 24–25, 1995, at the information collection proposal should submitted to OMB for clearance, the Pentagon, Arlington, Virginia. In order be sent to Mr. Pearce, WHS/DIOR, 1215 following proposal for collection of for the Task Force to obtain time Jefferson Davis Highway, Suite 1204, information under the provisions of the sensitive classified briefings, critical to Arlington, VA 22202–4302. Paperwork Reduction Act (44 U.S.C. the understanding of the issues, this Chapter 35). Dated: May 15, 1995. meeting is scheduled on short notice. In Title; Applicable Forms; and OMB Patricia L. Toppings, order for the Task Force to obtain time Control Number: DoD FAR Alternate OSD Federal Register Liaison sensitive classified briefings, critical to Supplement, Part 204, Administrative Officer, Department of Defense. the understanding of the issues, this Matters, and Related Clause and [FR Doc. 95–12240 Filed 5–17–95; 8:45 am] meeting is scheduled on short notice. Provision at 252.204; DD Forms 2051 BILLING CODE 5000±04±P The mission of the Defense Science and 2051–1; OMB Control Number Board is to advise the Secretary of 0704–0225 Defense through the Under Secretary of Type of Request: Revision Office of the Secretary Defense for Acquisition and Technology Number of Respondents: 92,120 on scientific and technical matters as Responses per Respondent: 1 Defense Information School Board of they affect the perceived needs of the Annual Responses: 92,120 Visitors Meeting Department of Defense. At this meeting Average Burden per Response: 43 the Task Force will review and evaluate AGENCY: Department of Defense, Office minutes Have Gaze and related surveillance of the Assistant to the Secretary of Annual Burden Hours: 66,635 technologies and to assess overall Defense for Public Affairs, American Needs and Uses: DoD FAR Supplement, technological maturity, technical and Forces Information Service. Part 204.404–70(a) prescribes use of operational issues, potential military the clause at 252.204–7000, which ACTION: Notice of meeting. utility, and appropriate technology requires contractors to submit a investment. In accordance with Section 10(d) of request for approval to release SUMMARY: The Defense Information unclassified information outside of School Board of Visitors will hold its the Federal Advisory Committee Act, the contractor’s organization. The semi-annual meeting at the Defense P.L. No. 92-463, as amended (5 U.S.C. information provided by the Information School, Indianapolis, IN. App. II, (1988)), it has been determined contractor is reviewed to determine if Board members will review issues that this DSB Task Force meeting, the specific contract information related to the status of the Defense concerns matters listed in 5 U.S.C. proposed for release is sensitive or Information School consolidation and § 552b(c) (1) (1988), and that otherwise inappropriate for release for joint-Service training facility under accordingly this meeting will be closed the purposes the contractor has development. The meeting is open to to the public. indicated. DoD FAR Supplement the public. Dated: May 5, 1995. 204.603–70 prescribes use of the Dates and Times: June 1, 1995—8:00 Patricia L. Toppings, provision at 252.204–7001, a.m. to 11:00 a.m. (first session); 12:15 Alternate OSD Federal Register Liaison Commercial and Government Entity p.m. to 1:30 p.m. (second session); 1:30 Office, Department of Defense. (CAGE) Code Reporting, which p.m. to 3:55 p.m. (third session); June 2, [FR Doc. 95–12242 Filed 5–17–95; 8:45 am] requires a contractor to provide its 1995—8:30 a.m. to 11:15 a.m. (fourth BILLING CODE 5000±04±M CAGE code to the Government with session). submission of its offer, or to advise the Government if it doesn’t have a ADDRESSES: All. sessions will be Defense Science Board Task Force on CAGE code, so that one can be conducted in the main conference room, Joint Technology Issues provided. The CAGE codes are used Defense Information School, Building 400, located on the corner of Wheeler ACTION: Notice of Advisory Committee by the Government to identify meetings. contractors for the purposes of and Rising Roads, Fort Benjamin developing computerized acquisition Harrison, IN. SUMMARY: The Defense Science Board systems or solicitation mailing lists. FOR FURTHER INFORMATION CONTACT: Task Force on Joint Technology Issues Use of the CAGE codes permits the Mr. Wallace N. Guthrie, Jr., Training will meet in closed session on May 30 Government to exchange data with Directorate, American Forces and June 29, 1995 at the Pentagon, other contracting activities. Information Service, 601 North Fairfax Arlington, Virginia. Affected Public: Businesses or other for- Street, Room 225, Alexandria, VA The mission of the Defense Science profit; Non-profit institutions; Small 22314. Telephone (703) 274–4897. Board is to advise the Secretary of businesses or organizations Defense through the Under Secretary of Frequency: On occasion Dated: May 15, 1995. Defense for Acquisition and Technology Respondent’s Obligation: Required to Patricia L. Toppings, on scientific and technical matters as obtain or retain a benefit Alternate OSD Federal Register Liaison they affect the perceived needs of the OMB Desk Officer: Mr. Peter N. Weiss. Officer, Department of Defense. Department of Defense. At these Written comments and [FR Doc. 95–12241 Filed 5–17–95; 8:45 am] meetings the Task Force will work with recommendations on the proposed BILLING CODE 5000±04±±M the JCS Chairman and Vice Chairman in Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26723 support of the Expanded JROC Department of the Navy State content standards and State activities. The Task Force should place student performance standards used for special emphasis on the application of Privacy Act of 1974; Amend Record all students, and are designed to assist technology to enhance the effectiveness Systems Indian students to meet those standards. of the evolving force structure within Eligible Applicants: Local educational AGENCY: Marine Corps, Department of agencies (LEAs) and certain schools tight fiscal constraints and should also the Navy. place a special focus on issues dealing funded by the Bureau of Indian Affairs, ACTION: with operations other than war. Amend record system. and Indian tribes under certain In accordance with Section 10(d) of SUMMARY: The U.S. Marine Corps conditions. Deadline for Transmittal of the Federal Advisory Committee Act, proposes to amend a system of records Applications: June 23, 1995. P.L. No. 92–463, as amended (5 U.S.C. in its inventory of record systems Applications not meeting the deadline App. II, (1988)), it has been determined subject to the Privacy Act of 1974 (5 will not be considered for funding in the that these DSB Task Force meetings U.S.C. 552a), as amended. This notice initial allocation of awards. concern matters listed in 5 U.S.C. amends the system of records notice Applications not meeting the deadline § 552b(c)(1) (1988), and that accordingly MFD00009, entitled Marine Corps may be considered for funding if the these meetings will be closed to the Command Legal Files, last published in Secretary determines, under section public. the Federal Register on February 8, 9117(d), Part A of Title IX of the 1994 1995, at 60 FR 7523. The amendment Dated: May 15, 1995. amendments of the Elementary and consists of changing the system Patricia L. Toppings, Secondary Education Act of 1965 (the identifier from MFD00009 to MJA00009. Alternate OSD Federal Register Liaison Act), as amended, that funds are Officer, Department of Defense. DATES: The amendment will be effective available and that reallocation of those [FR Doc. 95–12243 Filed 5–17–95; 8:45 am] May 18, 1995. funds to those applicants would best BILLING CODE 5000±04±M ADDRESSES: Send comments to the assist in advancing the purposes of the Head, FOIA and Privacy Act Section, program. However, the amount and date Headquarters, U.S. Marine Corps, 2 of an individual award, if any, made Defense Science Board 1995 Summer Navy Annex, Washington, DC 20380– under section 9117(d) of the Act may Study Task Force on Technology 1775. not be the same to which the applicant Investments for 21 Century Military FOR FURTHER INFORMATION CONTACT: Ms. would have been entitled if the Superiority B. L. Thompson at (703) 614–4008 or application had been submitted on time. DSN 224–4008. Deadline for Intergovernmental ACTION: Notice of Advisory Committee SUPPLEMENTARY INFORMATION: The U.S. Review: August 23, 1995. meetings. Marine Corps record system notices for Applications Available: May 12, 1995. records systems subject to the Privacy Available Funds: The appropriation SUMMARY: The Defense Science Board Act of 1974 (5 U.S.C. 552a), as amended, for this program for fiscal year 1995 is 1995 Summer Study Task Force on have been published in the Federal $59,686,000, which should be sufficient Technology Investments for 21st Register and are available from the to fund all eligible applicants. Century Military Superiority will meet address above. Estimated Range of Awards: $3,000 to in closed session on August 6–18, 1995 This notice amends the system of $1,300,000. at the Beckman Center, Irvine, records notice MFD00009, entitled Estimated Average Size of Awards: California. Marine Corps Command Legal Files, last $47,000. Estimated Number of Awards: 1,200. The mission of the Defense Science published in the Federal Register on Board is to advise the Secretary of February 8, 1995, at 60 FR 7523. The Note: The Department is not bound by any Defense through the Under Secretary of amendment consists of changing the estimates in this notice. Defense for Acquisition and Technology system identifier from MFD00009 to Project Period: Up to 60 months. on scientific and technical matters as MJA00009. Applicable Regulations: The they affect the perceived needs of the Dated: May 8, 1995. Education Department General Department of Defense. At this meeting Administrative Regulations (EDGAR) in Patricia L. Toppings, the Task Force will focus on those R&D 34 CFR Parts 75, 77, 79, 80, 81, 82, 85, investments that must be made now so Alternate OSD Federal Register Liaison and 86. as to assure a technology base in the Officer, Department of Defense. For Applications or Information year 2000 capable of providing U.S. [FR Doc. 95–12245 Filed 5–17–95; 8:45 am] Contact: The Director, Office of Indian military superiority in the 21st century. BILLING CODE 5000±04±F Education, U.S. Department of In accordance with Section 10(d) of Education, 600 Independence Avenue, the Federal Advisory Committee Act, S.W., Portals Building-Room 4300, P.L. No. 92–463, as amended (5 U.S.C. DEPARTMENT OF EDUCATION Washington, D.C. 20202–6335. App. II, (1988)), it has been determined [CFDA No.: 84.060A] Telephone: (202) 260–3774. Deaf and that this DSB Task Force meeting, hearing impaired individuals may call concerns matters listed in 5 U.S.C. Indian Education Formula Grants to the Federal Dual Party Relay Service at § 552b(c)(1) (1988), and that accordingly Local Educational Agencies; Notice 1–800–877–8339 between 8 a.m. and 7 this meeting will be closed to the Inviting Applications for New Awards p.m., Eastern time. public. for Fiscal Year (FY) 1995 Program Authority: 20 U.S.C. 7811. Dated: May 15, 1995. Purpose: Provides grants to support Dated: May 9, 1995. Patricia L. Toppings, local educational agencies in their Thomas W. Payzant, Alternate OSD Federal Register Liaison efforts to reform elementary and Assistant Secretary, Office of Elementary and Officer, Department of Defense. secondary school programs that serve Secondary Education. [FR Doc. 95–12244 Filed 5–17–95; 8:45 am] Indian students in order to ensure that [FR Doc. 95–12179 Filed 5–17–95; 8:45 am] BILLING CODE 5000±04±M such programs are based on challenging BILLING CODE 4000±01±P 26724 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices Arbitration Panel Decision Under the money to the lead manager at the end Dated: May 12, 1995. Randolph-Sheppard Act of his workday. Instead of returning the Judith E. Heumann, money, complainant took it home, Assistant Secretary for Special Education and AGENCY: Department of Education. where later that evening he was robbed Rehabilitative Services. ACTION: Notice of arbitration panel and the money stolen. Mr. Lawyer was [FR Doc. 95–12178 Filed 5–17–95; 8:45 am] decision under the Randolph-Sheppard hurt during the struggle and had to be BILLING CODE 4000±01±P Act. hospitalized for his injuries. A police SUMMARY: Notice is hereby given that on report was filed that same day. Only October 20, 1993, an arbitration panel after returning home from the hospital DEPARTMENT OF ENERGY rendered a decision in the matter of did he realize that the money had been Michael Lawyer v. Illinois Department stolen. Federal Energy Regulatory of Rehabilitation Services, (Docket No. On March 17, 1992, DORS terminated Commission R-S/92–14). This panel was convened by complainant’s license for violation of its [Docket No. CP95±484±000] the Secretary of the U.S. Department of rules governing facility money. Chapter Education pursuant to 20 U.S.C. 107d– IV, Sec. 650.100(m), 89 Ill. Adm. Code, ANR Pipeline Co.; Notice of 2, upon receipt of a complaint filed by states that facility money, product, Application petitioner Michael Lawyer. equipment, or program assets shall not FOR FURTHER INFORMATION CONTACT: A be removed from the facility by the May 12, 1995. copy of the full text of the arbitration vendor for personal use and that Take notice that on May 4, 1995, ANR panel decision may be obtained from violation shall result in termination of Pipeline Company (ANR), 500 George F. Arsnow, U.S. Department of the vendor’s license. Mr. Lawyer Renaissance Center, Detroit, Michigan Education, 600 Independence Avenue contested the decision to revoke his 48243 filed an application pursuant to SW., Room 3230, Switzer Building, license and was provided a Level II Section 7(b) of the Natural Gas Act for Washington, D.C. 20202–2738. hearing on May 27, 1992, pursuant to permission and approval to abandon an Telephone: (202) 205–9317. Individuals DORS rules. The hearing officer found exchange service between ANR, who use a telecommunications device that DORS had properly terminated formerly Michigan Wisconsin Pipe Line for the deaf (TDD) may call the TDD complainant’s license. Mr. Lawyer then Company and Transwestern Pipeline number at (202) 205–8298. appealed the DORS decision to the U.S. Company (Transwestern), all as more SUPPLEMENTARY INFORMATION: Pursuant Department of Education, and a hearing fully set forth in the application which to the Randolph-Sheppard Act (20 was convened on July 27, 1993. is on file with the Commission and open to public inspection. U.S.C. 107d–2(c)), the Secretary Arbitration Panel Decision publishes a synopsis of arbitration panel ANR states that, in Docket No. CP79– decisions affecting the administration of The panel unanimously found that 422, the Commission authorized an vending facilities on Federal property. complainant did not have permission to exchange between ANR and Transwestern dated August 15, 1978, as Background remove the money in question from the facility and failed to use an available amended. It is stated that the service is Michael Lawyer, complainant, is a secure place to safeguard the facility designated as Rate Schedule X–89 under blind vendor licensed by the Illinois assets. A majority of the panel members Original Volume No. 2 of ANR’s FERC Department of Rehabilitation Services found that, although the complainant Gas Tariff, and Rate Schedule X–15 (DORS), which is the State licensing did not maliciously intend to under Original Volume No. 2 of agency under the Randolph-Sheppard appropriate the money for personal use, Transwestern’s FERC Gas Tariff. ANR Act. Mr. Lawyer began operation of the once the facility assets were removed states that, in a letter dated June 16, vending facility at the Cook County from the facility, complainant took full 1993, Transwestern exercised its right to Hospital on October 1, 1990. control and possession of the assets for terminate the service. ANR contends Mr. Lawyer was given a safe to be personal use in violation of Chapter IV, that, on November 14, 1994, used to deposit monies from the facility. Sec. 650.100(m), 89 Ill. Adm. Code. Transwestern filed an application in The safe subsequently broke, and Mr. However, one panel member dissented Docket No. CP95–70–000 to abandon, Lawyer was advised by DORS that they and held that personal use under the inter alia, exchange service with ANR could not furnish another one and that regulations means that the funds had to under its Rate Schedule X–15, which he would have to replace it. The facility be used for direct personal gain such as corresponds to ANR’s Rate Schedule had a rolltop safe that was used by other purchasing goods or using the funds in X–89. Accordingly, ANR requests vendors to deposit their monies at the a similar personal manner. permission to abandon the above end of their workday. Instead of described exchange service. It is stated replacing the broken safe, the In recognizing that the loss of a that no facilities are proposed to be complainant began depositing his vendor’s license to a legally blind abandoned. monies into this rolltop safe if he had person with limited opportunity for Any person desiring to be heard or to a witness to verify the amount of his gainful employment is a very severe make any protest with reference to said deposit. If complainant did not have a penalty, the panel recommended that application should on or before June 2, witness to verify the amount, he took DORS convene another panel to review 1995, file with the Federal Energy the money home with him and returned complainant’s employment record to Regulatory Commission, Washington, it in the morning. Complainant believed determine if his license should be D.C. 20426, a motion to intervene or a this practice was accepted by his lead returned. It also recommended that if protest in accordance with the manager and carried it out on several DORS elects to return complainant’s requirements of the Commission’s Rules occasions, without incident. On license, he should repay the $500.00. of Practice and Procedure (18 CFR February 3, 1992, the lead manager The views and opinions expressed by 385.214 or 385.211) and the Regulations issued complainant $500.00 for use as the panel do not necessarily represent under the Natural Gas Act (18 CFR working capital in order to make the views and opinions of the U.S. 157.10). All protests filed with the change. Mr. Lawyer was to return this Department of Education. Commission will be considered by it in Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26725 determining the appropriate action to be Colorado, area. It is stated that CIG farm tap, a customer of Arkla, a division taken but will not serve to make the would use the proposed delivery point of NorAm Energy Corp. (Arkla). Arkla protestants parties to the proceeding. for the delivery of approximately 3,500 has consented in writing to the removal Any person wishing to become a party Mcf of gas per day transported for of the 2-inch meter. NGT indicates that to a proceeding or to participate as a Utilicorp under the terms of its Rate the estimated cost to remove the meter party in any hearing therein must file a Schedule TF–1. It is stated that the is $365 and the funds would be motion to intervene in accordance with volumes to be delivered would not generated internally. NGT says that no the Commission’s Rules. exceed the volumes presently delivered customers or service will be abandoned. Take further notice that, pursuant to to Utilicorp. The construction cost is NGT states that it will continue to the authority contained in and subject to estimated at $468,000. CIG states that it operate an existing 2-inch regulator to the jurisdiction conferred upon the has sufficient capacity to render the serve that customer, but Arkla will Federal Energy Regulatory Commission proposed service without detriment or install its own meter to measure the gas by Sections 7 and 15 of the Natural Gas disadvantage to its other existing delivered. The volumes to be delivered Act and the Commission’s Rules of customers and that its tariff does not through the tap will be approximately 1 Practice and Procedure, a hearing will prohibit the addition of delivery points. MMBtu on a peak day and 85 MMBtu be held without further notice before the Any person or the Commission’s staff annually. Commission or its designee on this may, within 45 days after issuance of Any person or the Commission’s staff application if no motion to intervene is the instant notice by the Commission, may, within 45 days after issuance of filed within the time required herein, if file pursuant to Rule 214 of the the instant notice by the Commission, the Commission on its own review of Commission’s Procedural Rules (18 CFR file pursuant to Rule 214 of the the matter finds that permission and 385.214) a motion to intervene or notice Commission’s Procedural Rules (18 CFR approval for the proposed abandonment of intervention and pursuant to Section 385.214) a motion to intervene or notice are required by the public convenience 157.205 of the Regulations under the of intervention and pursuant to Section and necessity. If a motion for leave to Natural Gas Act (18 CFR 157.205) a 157.205 of the Regulations under the intervene is timely filed, or if the protest to the request. If no protest is Natural Gas Act (18 CFR 157.205) a Commission on its own motion believes filed within the time allowed therefor, protest to the request. If no protest is that a formal hearing is required, further the proposed activity shall be deemed to filed within the time allowed therefor, notice of such hearing will be duly be authorized effective the day after the the proposed activity shall be deemed to given. time allowed for filing a protest. If a be authorized effective the day after the Under the procedure herein provided protest is filed and not withdrawn time allowed for filing a protest. If a for, unless otherwise advised, it will be within 30 days after the time allowed protest is filed and not withdrawn unnecessary for ANR to appear or be for filing a protest, the instant request within 30 days after the time allowed represented at the hearing. shall be treated as an application for for filing a protest, the instant request Lois D. Cashell, authorization pursuant to Section 7 of shall be treated as an application for Secretary. the Natural Gas Act. authorization pursuant to Section 7 of [FR Doc. 95–12188 Filed 5–17–95; 8:45 am] Lois D. Cashell, the Natural Gas Act. BILLING CODE 6717±01±M Secretary. Lois D. Cashell, [FR Doc. 95–12189 Filed 5–17–95; 8:45 am] Secretary. BILLING CODE 6717±01±M [FR Doc. 95–12190 Filed 5–17–95; 8:45 am] [Docket No. CP95±492±000] BILLING CODE 6717±01±M Colorado Interstate Gas Co.; Notice of [Docket No. CP95±491±000] Request Under Blanket Authorization NorAm Gas Transmission Co.; Notice FEDERAL MARITIME COMMISSION May 12, 1995. of Request Under Blanket Take notice that on May 10, 1995, Authorization Notice of Items Submitted for OMB Colorado Interstate Gas Company (CIG), Review Post Office Box 1087, Colorado Springs, May 12, 1995. Colorado 80944, filed in Docket No. Take notice that on May 9, 1995, The Federal Maritime Commission CP95–492–000 a request pursuant to NorAm Gas Transmission Company hereby gives notice that the following Sections 157.205 and 157.212 of the (NGT), 1600 Smith Street, Houston, items have been submitted to OMB for Commission’s Regulations under the Texas 77002, filed in Docket No CP95– review pursuant to the Paperwork Natural Gas Act (18 CFR 157.205, 491–000, a request pursuant to Sections Reduction Act of 1980 (44 U.S.C. 3601, 157.212) for authorization to construct 157.205 and 157.216 of the et seq.). Requests for information, and operate a new delivery facility for Commission’s Regulations under the including copies of the collection of service to Utilicorp United, Inc. Natural Gas Act (18 CFR 157.205 and information and supporting (Utilicorp), a local distribution 157.216) for authorization to abandon documentation, should be directed to company, in Douglas County, Colorado, and remove an above-ground 2-inch Bruce Dombrowski, Deputy Managing under CIG’s blanket certificate issued in meter station on Line AM–52, Upshur Director, Federal Maritime Commission, Docket No. CP83–21–000 pursuant to County, Texas, under the blanket 800 North Capitol Street, N.W., Room Section 7 of the Natural Gas Act, all as certificate issued in Docket Nos. CP82– 1082, Washington, D.C. 20573, more fully set forth in the request that 384–000 and CP82–384–001, pursuant telephone number (202) 523–5800. is on file with the Commission and open to Section 7(b) of the Natural Gas Act, Comments may be submitted to the to public inspection. all as more fully set forth in the request agency and to the Office of Information CIG proposes to construct which is on file with the Commission and Regulatory Affairs, Office of approximately 3.3 miles of 6-inch loop and open to public inspection. Management and Budget, Washington, line on CIG’s existing line in Douglas NGT states that it proposes to D.C. 20503, Attention: Desk Officer for County for deliveries to Utilicorp to abandon and remove the 2-inch meter the Federal Maritime Commission, accommodate growth in the Castle Rock, that provides service to one residential within 15 days after the date of the 26726 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices Federal Register in which this notice estimated annual cost to respondents is FEDERAL RESERVE SYSTEM appears. $920.00. Sun Financial Corporation; Formation Summary of Items Submitted for OMB Joseph C. Polking, of, Acquisition by, or Merger of Bank Review, 46 CFR 572 Secretary. Holding Companies FMC requests an extension of [FR Doc. 95–12171 Filed 5–17–95; 8:45 am] clearance for 46 CFR 572, which The company listed in this notice has implements the Shipping Act of 1984 BILLING CODE 6730±01±M applied for the Board’s approval under agreement provisions. The Act specifies section 3 of the Bank Holding Company the mandatory content of certain kinds Act (12 U.S.C. 1842) and § 225.14 of the of agreements, sets forth procedures Security for the Protection of the Board’s Regulation Y (12 CFR 225.14) to governing the Commission’s disposition Public Indemnification of Passengers become a bank holding company or to of such agreements, and defines the for Nonperformance of Transportation; acquire a bank or bank holding Commission’s authorities and Issuance of Certificate (Performance) company. The factors that are responsibilities. The Commission considered in acting on the applications are set forth in section 3(c) of the Act estimates a potential respondent Notice is hereby given that the universe of 1,116, which is comprised of (12 U.S.C. 1842(c)). following have been issued a Certificate The application is available for 386 effective agreements, 480 carriers, of Financial Responsibility for and 250 terminal operators. Annual immediate inspection at the Federal Indemnification of Passengers for respondent burden for complying with Reserve Bank indicated. Once the Nonperformance of Transportation the regulation is 13,625 manhours; application has been accepted for annual recordkeeping requirement is pursuant to the provisions of Section 3, processing, it will also be available for estimated at 2,000 manhours. Public Law 89–777 (46 U.S.C. § 817(e)) inspection at the offices of the Board of Estimated annual cost to the Federal and the Federal Maritime Commission’s Governors. Interested persons may Government is $715,700; estimated implementing regulations at 46 C.F.R. express their views in writing to the annual cost to respondents is $648,170. part 540, as amended: Reserve Bank indicated for that application or to the offices of the Board 46 CFR 560 Cunard Line Limited, 555 Fifth Avenue, New of Governors. Any comment on an FMC requests an extension of York, N.Y. 10017–2453 application that requests a hearing must clearance for 46 CFR 560, which Vessel: CROWN DYNASTY include a statement of why a written implements the Shipping Act of 1916 Dated: May 15, 1995. presentation would not suffice in lieu of agreement provisions. The Act specifies a hearing, identifying specifically any the mandatory content of certain kinds Joseph C. Polking, questions of fact that are in dispute and of agreements, sets forth procedures Secretary. summarizing the evidence that would governing the Commission’s disposition [FR Doc. 95–12254 Filed 5–17–95; 8:45 am] be presented at a hearing. of such agreements, and defines the Comments regarding this application Commission’s authorities and BILLING CODE 6730±01±M must be received not later than June 12, responsibilities. The Commission 1995. estimates a potential respondent A. Federal Reserve Bank of St. Louis universe of 730, which is comprised of Security for the Protection of the (Randall C. Sumner, Vice President) 411 480 common carriers and 250 terminal Public Financial Responsibility To Locust Street, St. Louis, Missouri 63166: operators. Based upon past filing Meet Liability Incurred for Death or 1. Sun Financial Corporation, Earth practices and historical data, however, it Injury to Passengers or Other Persons City, Missouri; to acquire 100 percent of is estimated that this rule will be used on Voyages; Notice of Issuance of the voting shares of Farmers Bank of by only 10 respondents per year. Certificate (Casualty) Stover, Stover, Missouri. Annual respondent burden for Board of Governors of the Federal Reserve complying with the regulation is 359.7 Notice is hereby given that the System, May 12, 1995. manhours; annual recordkeeping following have been issued a Certificate Jennifer J. Johnson, requirement is estimated at 24 of Financial Responsibility to Meet Deputy Secretary of the Board. manhours. Estimated annual cost to the Liability Incurred for Death or Injury to [FR Doc. 95–12214 Filed 5–17–95; 8:45 am] Federal Government is $23,920.00; Passengers or Other Persons on Voyages BILLING CODE 6210±01±F estimated annual cost to respondents is $13,000. pursuant to the provisions of Section 2, Public Law 89–777 (46 U.S.C. § 817(d)) Swiss Bank Corporation; Acquisition Form FMC–12 and the Federal Maritime Commission’s of Company Engaged in Permissible implementing regulations at 46 C.F.R. FMC requests an extension of Nonbanking Activities clearance for Form FMC–12, which part 540, as amended: requires nonattorneys who wish to The organization listed in this notice Cunard Line Limited and Crown Dynasty practice before the Commission to has applied under § 225.23(a)(2) or (f) Inc., 555 Fifth Avenue, New York, N.Y. complete the application form. The form of the Board’s Regulation Y (12 CFR 10017–2453. is used to evaluate their experience, 225.23(a)(2) or (f)) for the Board’s education, and character in order to Vessel: CROWN DYNASTY approval under section 4(c)(8) of the maintain a high degree of excellence for Dated: May 15, 1995. Bank Holding Company Act (12 U.S.C. practitioners. The Commission 1843(c)(8)) and § 225.21(a) of Regulation estimates an annual respondent Joseph C. Polking, Y (12 CFR 225.21(a)) to acquire or universe of 10 nonattorneys, with a total Secretary. control voting securities or assets of a annual respondent burden of 10 [FR Doc. 95–12255 Filed 5–17–95; 8:45 am] company engaged in a nonbanking manhours. Estimated annual cost to the activity that is listed in § 225.25 of Federal Government is $770.00; BILLING CODE 6730±01±M Regulation Y as closely related to Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26727 banking and permissible for bank DEPARTMENT OF HEALTH AND total costs (direct and indirect costs per holding companies. Unless otherwise HUMAN SERVICES year). It is expected that the awards will noted, such activities will be conducted begin on or about September 1, 1995, throughout the United States. Centers for Disease Control and and will be made for a 12-month budget Prevention period within a project period of up to [Announcement 565] 3 years. Funding estimates may vary The application is available for and are subject to change. immediate inspection at the Federal Health Services Research in Continuation awards within the Reserve Bank indicated. Once the Occupational Safety and Health; project period will be made on the basis application has been accepted for Availability of Funds for Fiscal Year of satisfactory progress and availability processing, it will also be available for 1995 of funds. inspection at the offices of the Board of Purpose Governors. Interested persons may Introduction express their views in writing on the The Centers for Disease Control and The purpose of this grant program is question whether consummation of the Prevention (CDC), the National Institute twofold. One major purpose is to proposal can ‘‘reasonably be expected to for Occupational Safety and Health rationally develop an estimated range of produce benefits to the public, such as (NIOSH), announces the availability of total costs and distribution for the greater convenience, increased fiscal year (FY) 1995 funds for research national burden of occupational injuries and illnesses by comprehensively competition, or gains in efficiency, that projects relating to health services applying existing information (See outweigh possible adverse effects, such research in the field of occupational Program Interests A.1., below). The as undue concentration of resources, safety and health. The Public Health Service (PHS) is other major purpose is to conduct more decreased or unfair competition, focused research into the systems that conflicts of interests, or unsound committed to achieving the health promotion and disease prevention prevent, manage, and compensate banking practices.’’ Any request for a occupational injuries and illnesses, with hearing on this question must be objectives of ‘‘Healthy People 2000,’’ a PHS-led national activity to reduce particular focus on the experience of the accompanied by a statement of the injured worker as he/she comes into morbidity and mortality and improve reasons a written presentation would contact with components of these the quality of life. This announcement not suffice in lieu of a hearing, systems (See Program Interests 2. to 5., is related to the priority area of identifying specifically any questions of below). It is the intent of this program Occupational Safety and Health. (For fact that are in dispute, summarizing the to support broad research endeavors ordering a copy of ‘‘Healthy People which will lead to improved evidence that would be presented at a 2000,’’ see section ‘‘Where to Obtain understanding and appreciation of the hearing, and indicating how the party Additional Information.’’) commenting would be aggrieved by magnitude of the aggregate national approval of the proposal. Authority economic burden associated with This program is authorized under the occupational injuries and illnesses, as well as to support more focused Comments regarding the application Occupational Safety and Health Act of 1970, section 20(a) [29 U.S.C. 669(a)] research projects which will lead to must be received at the Reserve Bank improvements in the delivery of indicated or the offices of the Board of and section 22(e)(7) (29 U.S.C. 671(e)(7)). occupational safety and health services Governors not later than June 1, 1995. and the prevention of work-related Smoke-Free Workplace injury and illness. Research funded will A. Federal Reserve Bank of New PHS strongly encourages all grant examine and evaluate quality, outcome York, (William L. Rutledge, Senior Vice recipients to provide a smoke-free and costs of services provided in a President) 33 Liberty Street, New York, workplace and to promote the non-use variety of settings for healthy and New York 10045: of all tobacco products, and Pub. L. injured workers. 103–227, the Pro-Children Act of 1994, This is the first Request for Assistance prohibits smoking in certain facilities (RFA) that NIOSH has issued in the area 1. Swiss Bank Corporation, New York, that receive Federal funds in which of Health Services Research. The New York; to acquire SBC Capital education, library, day care, health care, agency’s intention in defining the RFA’s Markets Inc., New York, New York, and and early childhood development objectives broadly is to encourage thereby indirectly acquire Government services are provided to children. proposals from applicants with a broad Pricing Information System, Inc., New range of research backgrounds, York, New York, and thereby engage in Eligible Applicants methodological approaches, and data processing activities, pursuant to § Eligible applicants include domestic institutional affiliations to apply their 225.25(5)(7) of the Board’s Regulation Y. and foreign non-profit and for-profit skills to health services research in organizations, universities, colleges, occupational health, and to enter into research institutions, and other public collaborative agreements, and with Board of Governors of the Federal Reserve and private organizations, including unions, employers, providers, insurance System, May 12, 1995. State and local governments and small, carriers and other relevant institutions minority and/or woman-owned and organizations. NIOSH encourages Jennifer J. Johnson, businesses. efforts in which researchers work closely with employers, worker Availability of Funds Deputy Secretary of the Board. representatives, and relevant Approximately $1,000,000 is available government agencies; collaboration with [FR Doc. 95–12215 Filed 5–17–95; 8:45 am] in FY 1995 to fund approximately five any or all may assist researchers in research project grants. It is expected obtaining access to data, and will that the average award will be $200,000, increase the likelihood that results of BILLING CODE 6210±01±F ranging from $150,000 to $250,000 in the study will be usable and used by the 26728 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices parties involved. NIOSH also interest in examining the types, incentives of the various actors in the recognizes, however, that in many activities, and availability of interface of medicine and the workplace situations collaboration may not be occupational medicine service (e.g. workers and their families, possible or advantageous. providers, and their use by employers of employers, corporate physicians, differing sizes and in various industries, personal physicians, group health plans Program Interests including groups of workers who are and insurance carriers, attorneys) that a. Content Areas underserved and in need of encourage or discourage an injured 1. The magnitude and distribution of occupational health and safety. worker from receiving workers Ideally, occupational medical services national costs of occupational injury compensation benefits. Are there groups provide more than the treatment of and illness. The economic and social of workers (defined by health status, work-related conditions, but are an age, gender, occupation, skill, language, costs of work-related injury and illness integral part of the primary and legal status or other characteristic) who in the United States have not been secondary prevention of occupational are more or less likely to enter the adequately described or studied. There injury and illness. It is of interest to workers compensation system, and is programmatic interest in examine the involvement and should additional efforts be made to investigations into developing effectiveness of different types of inform groups of injured workers about defensible estimates for the national providers of occupational medical their rights to compensation? economic burden of occupational services (e.g. in-plant medical In an increasing number of States, injuries and illnesses, as well as into the departments, urgent care centers, local employers are permitted to select the cost of failure to prevent occupational hospitals and group health plans, injured worker’s medical care provider. injury and illness in general, as well as independent occupational health There have been few studies comparing in specific industries and of specific clinics) in primary prevention activities the experience of injured workers in conditions. There is particular interest and how medical providers interact employer-choice States with those of in developing and applying models to with other occupational safety and workers in employee-choice States. How estimate the distribution of these costs. health professionals. Similarly, the role do quality, outcome and costs differ in In most cases involving medical care and effectiveness of payers for these States? Are there some subsets of or lost wages, workers with occupational medical services workers (defined by health status, occupational injuries are entitled to (employers and workers compensation wages, skill or other characteristic) who workers compensation benefits. insurance carriers) in encouraging or are better served by one approach or the However, little is known of the costs discouraging injury and illness other? (personal and social, economic and non- prevention is of interest. The number and proportion of work economic) of workplace injury and An alternative model for the provision injuries treated under workers illness cases that do not enter the of occupational health services to compensation managed care is rapidly workers compensation system, or are groups of employers in the same increasing, but there is virtually no incompletely compensated by that industry or region is through managed published literature evaluating workers system. Further study is needed to care organizations funded by capitated compensation managed care programs. quantify these costs, and to determine payments. These provider groups may How does managed care in workers how much, if any, of these costs are be linked to employer-based coverage compensation compare with fee-for- borne by injured workers, employers, for non-occupational health conditions service provision of care, in terms of Federal agencies, State and local (sometimes referred to as 24 hour quality, outcome and cost? How do government and private philanthropy. coverage), or may be focused solely on differences in managed care Little is known about the social and occupational health concerns. There is organization structure and practices economic consequences of being programmatic interest in examining and impact quality, outcome and cost? How diagnosed with occupational injury or evaluating capitated models for the has the trend toward managed care for illness. Are workers with occupational delivery of occupational health services. non-work-related conditions affected conditions discriminated against or 3. The experience of the injured the recognition and treatment of work- likely to suffer from job loss as a result worker in the workers compensation related conditions. Does workers of their condition? Are they at a system. There are few studies on the compensation managed care generate disadvantage in the job market? Does quality, cost, access and outcome of the ethical dilemmas for providers, and if being labeled with an occupational care received by those workers who so, how can they be resolved? condition impact their attitude toward successfully enter the compensation It has been suggested that integrating their job or their utilization of the health system. How successful is the system in or merging the systems to provide care system? meeting its goals? Are the financial medical services for work-related and 2. The prevention and treatment of benefits provided adequate to replace non-work-related conditions will result work-related injury and illness through lost earnings and compensate for work- in cost savings, although this has been the delivery of occupational medical related disability? Are the medical care the subject of some debate. In addition, services Given the number and costs of services provided claimants appropriate it is not known how these changes these conditions, relatively little is and accessible? (For additional might impact workplace-based known about the system for delivering background on these and related prevention of occupational injury and medical treatment for these conditions. questions, see: Shor, GM. ‘‘Research and illness, since in theory, the experience For both emergency and non-emergency Evaluation in Workers Compensation: rating component of workers services, there is only limited An Assessment and An Agenda.’’ compensation premiums provides a information on the extent, quality, Workers’ Compensation Monitor. market-based incentive to prevent injury outcome and costs of services provided 1994,7:18- 24.) and illness (although there is also by employer-based employee health The factors that are associated with a debate over its actual effectiveness). It is services, private physicians, case being recognized as work-related of programmatic interest to examine the independent occupational health and entering the compensation system effects of (1) integration or merger of clinics, and hospital emergency are not well understood. In particular, these medical care delivery systems; departments. There is programmatic additional information is needed on the and (2) uncoupling of workers Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26729 compensation medical benefits from 5. Workplace based injury and illness in the workers compensation system experience rating. Of interest are the prevention. Workplace health and safety could be examined quantitatively, using impact of these policies on the quality, committees are widely seen as playing traditional economic or epidemiologic outcome and cost of care, on indemnity an important role in preventing approaches, or could be examined benefits, and on the primary prevention occupational injury and illness. In qualitatively, employing techniques of occupational conditions. recent years, several States have enacted generally used by anthropologists or Finally, while it is frequently alleged legislation mandating these committees. some sociologists. Multi-disciplinary that fraud is relatively widespread Additional data are needed to evaluate approaches applied to the same issue within the workers compensation the acceptance of these committees by are encouraged. system, there are few if any studies that employers, unions, workers and others; NIOSH envisions that some address this issue in a rigorous manner. and their functioning and effectiveness. researchers may propose case studies, The extent of fraudulent claims and Are they successful in reducing examining the experience of workers in practices is unknown, as are the costs of workplace hazards, and, if so, what one industry or workplace, or with a these activities to workers, employers characteristics contribute to their ability particular work-related condition, while and the compensation system. Accurate, to do so? How successful are other state- others will propose studies analyzing rigorously-gathered information on the mandated hazard prevention programs? large sets of data previously collected by magnitude, costs, and characteristics of Surveillance programs for injury and compensation systems or carriers, or workers compensation fraud on the part illness are widely used as part of larger health insurers. Economic studies might of claimants, employers, health care work related injury and illness be undertaken of costs of work-related providers and carriers are needed in prevention programs. There are injury, or of regulation, in one industry. order to better design and target fraud insufficient data on the effectiveness of In areas where adequate research has reduction programs. these programs, and on the factors that already been undertaken, programs that 4. Development and evaluation of increase these programs’ likelihood of demonstrate the utility of new treatment guidelines. Outcome of success. approaches to injury and illness treatment of occupational injury and Many workers compensation carriers, prevention may be considered. illness, whether or not it is paid for by often through loss-control units, offer In many of the areas described, the the workers compensation system, may hazard prevention consulting services to foundation for analytical research may be measured differently than treatment employers. There is interest in not exist, and it may be appropriate for outcome of non-work-related examining the experience of these researchers to apply for preliminary or conditions. In addition to physiological carriers. In particular, have these descriptive studies that will generate outcome, or outcome as it relates to programs been evaluated to measure hypotheses for future endeavors. For health status, management and their effectiveness in preventing work- example, it may be difficult to identify treatment of occupational conditions related injury and illness? If so, are populations of workers with must consider the impact of the there lessons to be drawn for injury and occupational injury or illness who do condition and treatment on the worker’s illness prevention in general? not enter the workers compensation post-injury wages and ability of the Cost-benefit and cost-effectiveness system. An applicant might propose a worker to use their valued skills and studies are needed to assess preliminary study to determine the knowledge. occupational health programs at all number and characteristics of workers Since workers with occupational levels from direct interventions in the who may be work-injured but never injury or illness may be index cases for workplace to comprehensive national applied for compensation by examining more widespread or prevalent programs. Such studies should include one or more provider-based data conditions, treatment guidelines should measuring the impact and costs of systems, or by surveying the include a primary prevention Federal or State regulation of workplace memberships of one or more component. This may involve the hazards. While many economic analyses community-based organizations. provider having contact with the have been done to project the costs of Research and evaluation methods in employer, union, or other workers at the proposed standards, the actual occupational health services may also workplace from which the index case economic and social impact of need additional development. An emerged, and should therefore take into regulations that have gone into effect is applicant might propose to develop and consideration issues of confidentiality rarely measured and deserving of study. test a series of quality indicators to be and potential discrimination. In employed in evaluating occupational B. Methodological Approaches developing these guidelines, it is also health services. necessary to address issues of worker The purpose of this RFA is to Applicants may apply for seed money education, how information about the encourage submission of proposals that to develop study protocols and the nature, prognosis and prevention of the address some of the questions raised methodology for future scientific studies condition is transmitted to the worker. above. Since these questions lend to address those questions for which In the development and evaluation of themselves to a variety of quantitative rigorous investigation are needed but guidelines for treatment of work-related and qualitative methodological that are not easily accomplished. For conditions, consideration should be approaches, NIOSH encourages example, although the application of given to economic and social outcomes applications from researchers in a range managed care to workers compensation in addition to physiologic outcome. To of academic disciplines. For example, medical services has undergone a develop and evaluate these guidelines, the development of a comprehensive dramatic expansion, few scientific it may be necessary to consider various and defensible estimated range of the investigations have been conducted on ways to conceptualize and measure national economic burden of the extent and impact of this growth. A ‘‘return-to-work,’’ beyond merely the occupational injuries and illnesses may descriptive approach that generates end of the period in which an injured involve expertise representing a variety hypotheses might be warranted before worker is not working, and possibly to of fields (e.g., health economics, proceeding to analytical and evaluation develop new measures or indices for sociology, epidemiology, safety studies. describing the long-term experience of specialists and occupational medicine.) As noted above, it is an objective of the injured worker. Also, the experience of injured workers this program to encourage scientists to 26730 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices apply their skills to health services announcement. Applications judged to Public Health System Reporting research in occupational health, and to be competitive will be discussed and be Requirement enter with collaborative agreements assigned a priority score. Applications with each other, and ‘‘stakeholder’’ determined to be non-competitive will This program is not subject to the institutions and organizations. In be withdrawn from further Public Health System Reporting particular, NIOSH encourages efforts in consideration and the principal Requirements. which researchers work closely with investigator/program director and the Catalog of Federal Domestic Assistance employers, unions, and relevant official signing for the applicant Number government agencies in order to assist organization will be promptly notified. researchers in obtaining access to data, Review criteria for this announcement The Catalog of Federal Domestic and to increase the likelihood that study are as follows: Assistance number is 93.262. results will be usable and used by the a. Scientific, technical, or medical Other Requirements parties involved. significance and originality of Human Subjects Inclusion of Minorities and Women in proposed research; Study Population b. Appropriateness and adequacy of the If the proposed project involves experimental approach and research on human subjects, the Applicants are required to give added methodology proposed to carry out applicant must comply with the attention (where feasible and the research; Department of Health and Human appropriate) to the inclusion of c. Qualifications and research Services Regulations, 45 CFR part 46, minorities and/or women study experience of the Principal regarding the protection of human populations for research into the Investigator and staff, particularly but subjects. Assurance must be provided to etiology of diseases, research in not exclusively in the area of the demonstrate that the project will be behavioral and social sciences, clinical proposed research; subject to initial and continuing review studies of treatment and treatment d. Availability of resources necessary to by an appropriate institutional review outcomes, research on the dynamics of perform the research; committee. The applicant will be health care and its impact on disease, responsible for providing assurance in and appropriate interventions for e. Adequacy of plans to include both accordance with the appropriate disease prevention and health genders and minorities and their guidelines and form provided in the promotion. Exceptions would be studies subgroups as appropriate for the application kit. of diseases which exclusively affect scientific goals of the research. Plans for the recruitment and retention of males or where involvement of pregnant Application Submission and Deadlines women may expose the fetus to undue subjects will also be evaluated. 1. Preapplication Letter of Intent risks. If minorities and/or women are The review group will critically not included in a given study, a clear examine the submitted budget and will Although not a prerequisite of rationale for their exclusion must be recommend an appropriate budget and application, a non-binding letter of provided. period of support for each scored intent-to-apply is requested from application. Evaluation Criteria potential applicants. The letter should 3. Secondary Review be submitted to the Grants Management 1. General Branch, CDC (see ‘‘Applications’’ for the In the secondary (programmatic Upon receipt, applications will be address). It should be postmarked no importance) review, the following later than June 19, 1995. The letter reviewed for completeness and factors will be considered: responsiveness by CDC/NIOSH. should identify the announcement Incomplete applications will be a. Results of the initial review; number, name of principal investigator, returned to the applicant without b. Magnitude of the problem in terms of and specify the priority area to be further consideration. If CDC/NIOSH numbers of workers affected; addressed by the proposed project. The staff finds that the application is not c. Severity of the disease or injury in the letter of intent does not influence responsive to this announcement, it will worker population; and review or funding decisions, but it will be returned without further d. Usefulness to applied technical enable CDC to plan the review more consideration. If the proposed project knowledge in the identification, efficiently, and will ensure that each involves organizations or persons other evaluation, and/or control of applicant receives timely and relevant than those affiliated with the applicant occupational safety and health information prior to application organization, letters of support and/or hazards. submission. cooperation must be included. 4. Funding Decisions 2. Applications 2. Peer Review Applicants will compete for available Applicants should use Form PHS–398 Applications that are complete and funds with all other approved (OMB Number 0925–0001) and adhere responsive to the announcement will be applications. The following will be to the ERRATA Instruction Sheet for evaluated for scientific and technical considered in making funding Form PHS–398 contained in the merit by an appropriate peer review decisions: application package. The original and group convened by the CDC in a. Quality of the proposed project as five copies of the application must be accordance with the review criteria determined by peer review; submitted to Henry S. Cassell, III, Grants stated below. As part of the initial merit b. Availability of funds; and Management Officer, Grants review, a process (triage) may be used c. Program balance among research Management Branch, Procurement and by the initial review group in which areas of the announcement. Grants Office, Centers for Disease applications will be determined to be Control and Prevention, (CDC), 255 East competitive or non-competitive based Executive Order 12372 Review Paces Ferry Road, NE., Room 300, on their scientific merit relative to other This program is not subject to the Mailstop E13, Atlanta, GA 30305 on or applications received in response to this Executive Order 12372 review. before July 14, 1995. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26731 3. Deadlines Dated: May 12, 1995. 19805, has filed an application Diane D. Porter, requesting approval for the export of the A. Applications shall be considered as Acting Director, National Institute for human drug ReviaTM (naltrexone HCl) meeting a deadline if they are either: Occupational Safety and Health, Centers for 50 mg film-coated tablets to Germany. 1. Received at the above address on or Disease Control and Prevention (CDC). The firm holds an approved new drug before the deadline date; or [FR Doc. 95–12201 Filed 5–17–95; 8:45 am] application for an uncoated tablet, BILLING CODE 4163±19±P however, this application is for a new 2. Sent on or before the deadline date film-coated tablet formulation. This to the above address, and received in product is used as an adjunctive time for the review process. Food and Drug Administration treatment of opioid dependence in (Applicants must request a legibly detoxified, formerly opioid dependent [Docket No. 95N±0123] dated U.S. Postal Service postmark or individuals, and in a proposed obtain a legibly dated receipt from a Drug Export; ReviaTM (Naltrexone indication as an adjunctive treatment for commercial carrier or the U.S. Postal Hydrochloride (HCl)) 50 Milligrams individuals with alcohol dependence Service. Private metered postmarks (mg) Film-Coated Tablets undergoing psychosocial treatment shall not be accepted as proof of programs. The application was received timely mailing.) AGENCY: Food and Drug Administration, and filed in the Center for Drug B. Applications which do not meet HHS. Evaluation and Research on April 17, the criteria in 3.A.1. or 3.A.2. above are ACTION: Notice. 1995, which shall be considered the considered late applications. Late filing date for purposes of the act. applications will not be considered in SUMMARY: The Food and Drug Interested persons may submit the current competition and will be Administration (FDA) is announcing relevant information on the application returned to the applicant. that Dupont Merck has filed an to the Dockets Management Branch application requesting approval for the (address above) in two copies (except Where to Obtain Additional export of the human drug ReviaTM that individuals may submit single Information (naltrexone HCl) 50 mg film-coated copies) and identified with the docket number found in brackets in the To receive additional written tablets to Germany. ADDRESSES: heading of this document. These information call (404) 332–4561. You Relevant information on submissions may be seen in the Dockets will be asked to leave your name, this application may be directed to the Management Branch between 9 a.m. and address and phone number and will Dockets Management Branch (HFA– 305), Food and Drug Administration, 4 p.m., Monday through Friday. need to refer to Announcement 565. The agency encourages any person You will receive a complete program rm. 1–23, 12420 Parklawn Dr., Rockville, MD 20857, and to the contact who submits relevant information on description, information on application the application to do so by May 30, procedures, and application forms. person identified below. Any future inquiries concerning the export of 1995, and to provide an additional copy If you have questions after reviewing human drugs under the Drug Export of the submission directly to the contact the contents of all the documents, Amendments Act of 1986 should also be person identified above, to facilitate business management technical directed to the contact person. consideration of the information during assistance may be obtained from Georgia FOR FURTHER INFORMATION CONTACT: the 30-day review period. L. Jang, Grants Management Specialist, James E. Hamilton, Center for Drug This notice is issued under the Grants Management Branch, Evaluation and Research (HFD–310), Federal Food, Drug, and Cosmetic Act Procurement and Grants Office, Centers Food and Drug Administration, 7520 (sec. 802 (21 U.S.C. 382)) and under for Disease Control and Prevention Standish Pl., Rockville, MD 20857, 301– authority delegated to the Commissioner (CDC), 255 East Paces Ferry Road, NE., 594–3150. of Food and Drugs (21 CFR 5.10) and Mailstop E13, Atlanta, GA 30305, redelegated to the Center for Drug telephone (404) 842–6814. SUPPLEMENTARY INFORMATION: The drug Evaluation and Research (21 CFR 5.44). Programmatic technical assistance may export provisions in section 802 of the Federal Food, Drug, and Cosmetic Act Dated: May 4, 1995. be obtained from Roy M. Fleming, Sc.D., Gayle R. Dolecek, Associate Director for Grants, National (the act) (21 U.S.C. 382) provide that FDA may approve applications for the Acting Director, Office of Compliance, Center Institute for Occupational Safety and for Drug Evaluation and Research. Health, Centers for Disease Control and export of drugs that are not currently [FR Doc. 95–12177 Filed 5–17–95; 8:45 am] Prevention (CDC), 1600 Clifton Road, approved in the United States. Section NE., Building 1, Room 3053, Mailstop 802(b)(3)(B) of the act sets forth the BILLING CODE 4160±01±F D30, Atlanta, GA 30333, telephone (404) requirements that must be met in an 639–3343. application for approval. Section 802(b)(3)(C) of the act requires that the National Institutes of Health Please refer to Announcement 565 agency review the application within 30 National Institute of Dental Research; when requesting information and days of its filing to determine whether submitting an application. Notice of Meeting of NIDR Board of the requirements of section 802(b)(3)(B) Scientific Counselors Potential applicants may obtain a have been satisfied. Section 802(b)(3)(A) copy of ‘‘Healthy People 2000’’ (Full of the act requires that the agency Pursuant to Pub. L. 92–463, notice is Report: Stock No. 017–001–00474–0) or publish a notice in the Federal Register hereby given of a meeting of the Board ‘‘Healthy People 2000 (Summary within 10 days of the filing of an of Scientific Counselors, National Report, Stock No. 017–001–00473–1) application for export to facilitate public Institute of Dental Research (NIDR), on referenced in the ‘‘Introduction’’ participation in its review of the June 7–9, 1995, in the Natcher Building, through the Superintendent of application. To meet this requirement, Conference Room A, National Institutes Documents, Government Printing the agency is providing notice that of Health, Bethesda, Maryland. The Office, Washington, DC 20402–9325, Dupont Merck, Dupont Merck Plaza, meeting will be open to the public from telephone (202) 512–1800. Maple Run, Centre Rd., Wilmington, DE 8:55 a.m. to recess on June 8 and from 26732 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 9:45 a.m. to 11:00 a.m. on June 9 for field of typhoid vaccines and typhoid deadline for the HOPE 3 applicants program and poster presentations. Vi-protein conjugates for the prevention affected by the destruction of HUD’s Attendance by the public will be limited of typhoid fever in humans. This Office in Oklahoma City, Oklahoma. An to space available. prospective exclusive license may be extension of this deadline was already In accordance with the provisions set granted unless within 60 days from the published on May 9, 1995, but because forth in sec. 552b(c)(6), Title 5, U.S.C. date of this published notice, NIH of a typographical error, the new and sec. 10(d) of Pub. L. 92–463, the receives written evidence and argument deadline was misstated. In addition, meeting will be closed to the public that establishes that the grant of the because of the destruction of documents from 6:00 p.m. until recess on June 7 license would not be consistent with the due to the Oklahoma City explosion, and from 12:30 p.m. until adjournment requirements of 35 U.S.C. 209 and 37 any applicant that has already on June 9 for the review, discussion, CFR 404.7. submitted an application under the and evaluation of individual programs The patent describes conjugates of HOPE 3 NOFA to HUD’s Office in and projects conducted by the NIDR, bacterial capsular polysaccharides and Oklahoma City should resubmit a copy including consideration of personnel carrier proteins, and methods of of its application to the Fort Worth qualifications and performance, the synthesis, wherein the polysaccharide Office, as provided in this notice. competence of individual investigators, and protein are linked through a thio DATES: The application deadline for and similar items, the disclosure of derivative of a carboxyl group found on applicants from Oklahoma will be May which would constitute a clearly the polysaccharide. The conjugates are 19, 1995, 4:30 Central Time. unwarranted invasion of personal useful as vaccines for prevention of FOR FURTHER INFORMATION CONTACT: For privacy. disease caused by infection by the applicants in Oklahoma, contact Will Mr. Brent Jaquet, Director, Office of bacterial species from which the Williamson, HOPE 3 Coordinator, Planning, Evaluation, and capsular polysaccharide is derived. phone (817) 885–5887. For general Communications, NIDR, NIH, Building ADDRESSES: Requests for a copy of this information about this notice, contact 31, Room 2C34, Bethesda, Maryland patent, inquiries, comments and other Salvatore Sclafani, Program Analyst, 20892 (telephone: (301) 496–6705) will materials relating to the contemplated Office of Community Planning and provide summary of the meeting, roster license should be directed to: Robert Development, Department of Housing of committee members and substantive Benson, Patent Advisor, Office of and Urban Development, Room 7208, program information. Individuals who Technology Transfer, National Institutes 451 Seventh Street, SW., Washington, plan to attend and need special of Health, 6011 Executive Blvd., Box 13, DC 20410, telephone (202) 708–1283; or assistance, such as sign language Rockville, MD 20852. Telephone: (301) (202) 708–2565 (TDD). (These telephone interpretation or other reasonable 496–7056, X267; Facsimile: (301) 402– numbers are not toll-free.) accommodations, should contact the 0220. Applications for a license filed in Executive Secretary listed above in SUPPLEMENTARY INFORMATION: Because of response to this notice will be treated as advance of the meeting. the destruction of the HUD Office in objections to the grant of the Oklahoma City, Oklahoma, on April 19, Dated: May 11, 1995. contemplated license. Only written 1995, the Department published a notice Susan K. Feldman, comments and/or applications for a in the Federal Register (60 FR 24646, Committee Management Officer, NIH. license which are received by NIH on or May 9, 1995) to extend the deadline for [FR Doc. 95–12192 Filed 5–17–95; 8:45 am] before July 17, 1995, will be considered. the submission of applications for BILLING CODE 4140±01±M Dated: May 5, 1995. certain programs, including the HOPE 3 Barbara M. McGarey, Program. The Notice extended the application deadline for HOPE 3 Prospective Grant of Exclusive Deputy Director, Office of Technology Transfer. applicants within the State of Oklahoma License: Polysaccharide-Protein [FR Doc. 95–12193 Filed 5–17–95; 8:45 am] from April 25, 1995, to May 8, 1995. Conjugates Because of a typographical error, the BILLING CODE 4140±01±P AGENCY: National Institutes of Health, fact that some documents may be Public Health Service, DHHS. unaccounted for due to the destruction of documents in the Oklahoma City ACTION: Notice. DEPARTMENT OF HOUSING AND explosion, and the time required for URBAN DEVELOPMENT SUMMARY: This notice is in accordance applicants to resubmit copies of HOPE with 15 U.S.C. 209(c)(1) and 37 CFR Office of the Assistant Secretary for 3 applications to the Fort Worth Office, 404.7(a)(1)(i) that the National Institutes Community Planning and the Department has decided to provide of Health (NIH), Department of Health Development an additional extension of time—to May and Human Services, is contemplating 19, 1995—for HOPE 3 applicants in the the grant of an exclusive world-wide [Docket No. N±95±3888; FR±3886±N±04] State of Oklahoma. Any applicant under license to practice the invention the HOPE 3 NOFA that has already Homeownership of Single Family embodied in U.S. Patent Number submitted an application to the Homes Program (HOPE 3); Notice of 5,204,098 entitled ‘‘Polysaccharide- Oklahoma City office is directed to Fund Availability: Notice of Extension Protein Conjugates’’ and related foreign resubmit its application to HUD’s Fort of Application Deadline for Applicants patent applications to Connaught Worth Office, as indicated below in this in Oklahoma Laboratories, Inc., of Swiftwater, notice. Photocopies of all of the Pennsylvania. The patent rights in this AGENCY: Office of the Assistant documentation and materials as invention have been assigned to the Secretary for Community Planning and originally submitted to the Oklahoma United States of America. Development, HUD. City Office will be acceptable, as long as The prospective exclusive license will ACTION: Notice of further extension of the applicant also provides proof of be royalty-bearing and will comply with deadline. submission (e.g., postal or Federal the terms and conditions of 35 U.S.C. Express receipt). Completed 209 and 37 CFR 404.7. It is anticipated SUMMARY: This notice provides a further applications may not be submitted by that this license will be limited to the extension of the application submission fax. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26733 Applicants in Oklahoma who have FOR FURTHER INFORMATION CONTACT: the address given above. The case file is questions on the preparation of their Karen Purvis at (303) 239–3795. available for inspection in the Public applications may contact Will SUPPLEMENTARY INFORMATION: The tract Room, Colorado State Office, during Williamson, HOPE 3 Coordinator in will be leased to the qualified bidder normal business hours at the address HUD’s Texas State Office, phone (817) submitting the highest offer, provided given above. 885–5887. Except as revised by this that the high bid meets the fair market Dated: May 9, 1995. notice, all other information and value determination of the coal Karen A. Purvis, requirements applicable to the HOPE 3 resource. The minimum bid for this Solid Minerals Team Resource Services. NOFA remains as previously published. tract is $100 per acre or fraction thereof. [FR Doc. 95–12225 Filed 5–17–95; 8:45 am] Homeownership of Single Family No bid less than $100 per acre or Homes Program (HOPE 3); Notice of fraction thereof will be considered. The BILLING CODE 4310±JB±M Fund Availability, published February minimum bid is not intended to 24, 1995, at 60 FR 10446. represent fair market value. [NM±060±1010±00±P (606] Application Due Date: May 19, 1995, Sealed bids received after the time 4:30 Central Time (only for specified above will not be considered. Southeast New Mexico Playa Lakes submissions from applicants within In the event identical high sealed bids Coordinating Committee; Meeting Oklahoma; all other applicants remain are received, the tying high bidders will subject to the original April 25, 1995, be requested to submit follow-up bids AGENCY: Bureau of Land Management, deadline) until a high bid is received. All tie- Interior. Submit Application To (only applicants breaking sealed bids must be submitted ACTION: Southeast New Mexico Playa within Oklahoma): HUD Texas State with 15 minutes following the Sale Lakes Coordinating Committee Meeting. Office, Office of Community Planning Official’s announcement at the sale that and Development, P.O. Box 2905, Fort identical high bids have been received. DATES: Thursday, June 22, 1995, Worth, TX 76113–2905 ATTN: Will Fair market value will be determined beginning at 9:30 a.m. Williamson. by the authorized offer after the sale. FOR FURTHER INFORMATION CONTACT: Dated: May 12, 1995. COAL OFFERED: The coal resource to be Leslie M. Cone, District Manager, Andrew Cuomo, offered is limited to coal recoverable by Bureau of Land Management, 1717 West Assistant Secretary for Community Planning underground mining methods in the 2nd Street, Roswell, NM 88201, (505) and Development. Wadge seam on the Twentymile Tract in 627–0242. [FR Doc. 95–12253 Filed 5–17–95; 8:45 am] the following lands: SUPPLEMENTARY INFORMATION: The BILLING CODE 4210±29±M Sixth Principal Meridian agenda will include presentation of T. 5 N., R. 86 W., proposed changes to the Playa Lakes Sec. 21, N1⁄2, and SE1⁄4; Investigation Study Plan by the National Sec. 22, E1⁄2E1⁄2, and W1⁄2; DEPARTMENT OF THE INTERIOR Biological Service, National Wildlife Sec. 23, all; Health Center, to the Southeast New Sec. 26, N1⁄2, and N1⁄2SW1⁄4; Bureau of Land Management Mexico Plays Lakes Coordinating Sec. 27, W1⁄2; 1 1 1 Committee, for approval. A progress [CO±933±95±1320±01; COC 54608] Sec. 28, NE ⁄4, and E ⁄2NW ⁄4; Sec. 33, NE1⁄4NE1⁄4, report of the ongoing study will also be Notice of Coal Lease Offering By The land described contains 2,600 acres, given. The meeting will be held at the Sealed Bid; COC 54608 more or less. Carlsbad Resource Area Office, 620 E. Greene, Carlsbad, New Mexico. AGENCY: Bureau of Land Management, Total recoverable reserves are Summary minutes will be maintained in Interior. estimated to be 24,300,000 tons. The the Roswell District Office and will be Wadge seam underground minable coal ACTION: Notice of competitive coal lease available for public inspection during sale. is ranked as high volatile C bituminous regular business hours (7:45 a.m.–4:30 coal. The estimated coal quality for the p.m.) within 30 days following the SUMMARY: Bureau of Land Management, Wadge seam on an as-received bases is meeting. Copies will be available for the Colorado State Office, Lakewood, as follows: cost of duplication. Colorado, hereby gives notice that Btu...... 11,745 Btu/lb. Dated: May 11, 1995 certain coal resources in the lands Moisture...... 7.76% hereinafter described in Routt County, Sulfur Content ...... 0.48% Leslie M. Cone, Colorado, will be offered for competitive Ash Content...... 8.80% District Manager. lease by sealed bid in accordance with RENTAL AND ROYALTY: The lease issued [FR Doc. 95–12226 Filed 5–17–95; 8:45 am] the provisions of the Mineral Leasing as a result of this offering will provide BILLING CODE 4310±FB±M Act of 1920, as amended (30 U.S.C. 181 for payment of an annual rental of $3.00 et seq.). per acre or fraction thereof and a royalty DATES: The lease sale will be held at 11 payable to the United States of 8 percent [CA±940±05±1310±03; CACA 26079] a.m., Friday, June 23, 1995. Sealed bids of the value of coal mined by California: Proposed Reinstatement of must be submitted no later than 10 a.m., underground methods. The value of the Terminated Oil and Gas Lease Friday, June 23, 1995. coal will be determined in accordance ADDRESSES: The lease sale will be held with 30 CFR 206. Under the provisions of Public Law in the Conference Room, Fourth Floor, NOTICE OF AVAILABILITY: Bidding 97–451, a petition for reinstatement of Colorado State Office, 2850 Youngfield instruction for the offered tract are oil and gas lease CACA 26079 for lands Street, Lakewood, Colorado. Sealed bids included in the Detailed Statement of in Fresno and Monterey Counties, must be submitted to the Cashier, First Coal Lease Sale. Copies of the statement California, was timely filed and was Floor, Colorado State Office, 2850 and the proposed coal lease are accompanied by all required rentals and Youngfield Street, Lakewood, Colorado available upon request in person or by royalties accruing from December 1, 80215. mail from the Colorado State Office at 1994, the date of Termination. 26734 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices No valid lease has been issued [WY±920±41±5700; WYW118068] 1, 1994, subject to the original terms and affecting the lands. The lessee has conditions of the lease and the agreed to new lease terms for rentals Notice of Proposed Reinstatement of increased rental and royalty rates cited Terminated Oil and Gas Lease and royalties at rates of $5.00 per acre above. and 162⁄3 percent, respectively. Payment May 8, 1995. Pamela J. Lewis, of a $500.00 administrative fee has been Pursuant to the provisions of 30 Supervisory Land Law Examiner. made. U.S.C. 188(d) and (e), and 43 CFR [FR Doc. 95–12230 Filed 5–17–95; 8:45 am] Having met all the requirements for 3108.2–3(a) and (b)(1), a petition for BILLING CODE 4310±22±M reinstatement of the lease as set out in reinstatement of oil and gas lease Section 31(d) and (e) of the Mineral WYW118068 for lands in Carbon County, Wyoming, was timely filed and [AZ±024±05±5410±00±A118; AZA±28672] Leasing Act of 1920 (30 USC 188), the was accompanied by all the required Bureau of Land Management is rentals accruing from the date of Notice of Receipt of Conveyance of proposing to reinstate the lease effective termination. The lessee has agreed to Mineral Interest Application; Arizona December 1, 1994, subject to the original the amended lease terms for rentals and terms and conditions of the lease and AGENCY: Bureau of Land Management, royalties at rates of $5.00 per acre, or Interior. the increased rental and royalty rates fraction thereof, per year and 162⁄3 cited above, and the reimbursement for percent, respectively. ACTION: Notice of minerals segregation. cost of publication of this notice. The lessee has paid the required $500 SUMMARY: The private lands described Dated: May 9, 1995. administrative fee and $125 to in this notice aggregating approximately reimburse the Department for the cost of Leroy M. Mohorich, 16 acres, are segregated and made this Federal Register notice. The lessee Chief, Branch of Energy and Mineral Science unavailable for filings under the general has met all the requirements for mining laws and the mineral leasing and Adjudication. reinstatement of the lease as set out in [FR Doc. 95–12227 Filed 5–17–95; 8:45 am] laws to determine their suitability for Section 31 (d) and (e) of the Mineral conveyance of the reserved mineral BILLING CODE 4310±40±M Lands Leasing Act of 1920 (30 U.S.C. interest pursuant to section 209 of the 188), and the Bureau of Land Federal Land Policy and Management Management is proposing to reinstate Act of October 21, 1976. The mineral [WY±920±41±5700; WYW128222] lease WYW118068 effective November interest will be conveyed in whole or in 1, 1994, subject to the original terms and part upon favorable mineral Notice of Proposed Reinstatement of conditions of the lease and the examination. Terminated Oil and Gas Lease increased rental and royalty rates cited above. The purpose is to allow consolidation of surface and subsurface of minerals May 8, 1995. Pamela J. Lewis, ownership where there are no known Pursuant to the provisions of 30 Supervisory Land Law Examiner. mineral values or in those instances U.S.C. 188 (d) and (e), and 43 CFR [FR Doc. 95–12229 Filed 5–17–95; 8:45 am] where the reservation interferes with or 3108.2–3 (a) and (b)(1), a petition for BILLING CODE 4310±22±M preludes appropriate non-mineral reinstatement of oil and gas lease development and such development is a WYW128222 for lands in Johnson [WY±920±41±5700; WYW130848] more beneficial use of the land than the County, Wyoming, was timely filed and mineral development. was accompanied by all the required Notice of Proposed Reinstatement of FOR FURTHER INFORMATION CONTACT: rentals accruing from the date of Terminated Oil and Gas Lease Vivian Reid, Land Law Examiner, termination. The lessee has agreed to May 9, 1995. Phoenix District Office, 2015 West Deer the amended lease terms for rentals and Valley Road, Phoenix, Arizona 85027 royalties at rates of $5.00 per acre, or Pursuant to the provisions of 30 U.S.C. 188 (d) and (e), and 43 CFR (602) 780–8090. Serial Number AZA– fraction thereof, per year and 162⁄3 28672. percent, respectively. 3108.2–3(a) and (b)(1), a petition for reinstatement of oil and gas lease Gila and Salt River Base and Meridian, The lessee has paid the required $500 WYW130848 for lands in Big Horn Maricopa County, Arizona administrative fee and $125 to County, Wyoming, was timely filed and T. 14 N., R. 1 W., reimburse the Department for the cost of was accompanied by all the required Sec. 21, Only that portion belonging to the Federal Register notice. The lessee rentals accruing from the date of Yavapai Hills, Inc., located within the has met all the requirements for termination. The lessee has agreed to SE1⁄4SE1⁄4 reinstatement of the lease as set out in the amended lease terms for rentals and Minerals Reservation—All Minerals Section 31 (d) and (e) of the Mineral royalties at rates of $5.00 per acre, or Lands Leasing Act of 1920 (30 U.S.C. fraction thereof, per year and 162⁄3 Upon publication of this Notice of 188), and the Bureau of Land percent, respectively. Segregation in the Federal Register as Management is proposing to reinstate The lessee has paid the required $500 provided in 43 CFR 2720.1–1(b), the lease WYW128222 effective January 1, administrative fee and $125 to mineral interests owned by the United 1995, subject to the original terms and reimburse the Department for the cost of States in the private lands covered by conditions of the lease and the this Federal Register notice. The lessee the application shall be segregated to increased rental and royalty rates cited has met all the requirements for the extent that they will not be subject above. reinstatement of the lease as set out in to appropriation under the mining and Section 31 (d) and (e) of the Mineral mineral leasing laws. The segregative Pamela J. Lewis, Lands Leasing Act of 1920 (30 U.S.C. effect of the application shall terminate Supervisory Land Law Examiner. 188), and the Bureau of Land upon: issuance of a patent or deed of [FR Doc. 95–12228 Filed 5–17–95; 8:45 am] Management is proposing to reinstate such mineral interest; upon final BILLING CODE 4310±22±M lease WYW130848 effective November rejection of the application; or two years Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26735 from the date of publication of this Sec. 18, part of N1⁄2; ACTION: Recreation and Public Purpose notice, whichever occurs first. Sec. 19, part of lots 8, 9 and 10, lots 18– Lease/Conveyance. 21, inclusive, part of NE1⁄4NE1⁄4SE1⁄4; Dated: May 10, 1995. Sec. 20, lots 3 and 9, part of lots 4, 8, and SUMMARY: By publication of this notice David J. Miller, 10, part of SW1⁄4NE1⁄4, part of Recreation and Public Purpose Associate District Manager. SW1⁄4SW1⁄4NE1⁄4 and SE1⁄4SE1⁄4NW1⁄4, Classification N–41568–03 is hereby 1 1 1 [FR Doc. 95–12231 Filed 5–17–95; 8:45 am] part of S ⁄2NW ⁄4NW ⁄4, part of modified to reflect a change in use of SE1⁄4NE1⁄4SW1⁄4 and SW1⁄4SW1⁄4. BILLING CODE 4310±32±M T. 5 S., R. 29 E., the described lands from a public school Sec. 12, lots 2, 3 and 4, N1⁄2N1⁄2 of lots 5, to a church. The following described [AZ±040±7122±00±5514; AZA 28789] 6 and 7, N1⁄2NW1⁄4, N1⁄2N1⁄2S1⁄2NW1⁄4. public land in Las Vegas, Clark County, The areas described aggregate Nevada has been examined and found Notice of Proposed Exchange of Lands approximately 5,061 acres. suitable for lease/conveyance for in Greenlee, Pima, and Cochise Subject to valid existing rights, the recreational or public purposes under Counties, Arizona public land identified above has been the provisions of the Recreation and segregated from appropriation under the Public Purposes Act, as amended (43 AGENCY: Bureau of Land Management, U.S.C. 869 et seq.). The Spring Valley Interior. public land laws, mineral laws, and mineral leasing laws for a period of five Baptist Church proposes to use the land ACTION: Notice. years beginning on December 19, 1994. for church facility. SUMMARY: Notice is hereby given that In exchange the United States will Mount Diablo Meridian, Nevada acquire the following described land the Bureau of Land Management is T. 21 S., R. 60 E., from Phelps Dodge Corporation: considering a proposal to exchange land Sec. 17: E1⁄2NW1⁄4SE1⁄4NW1⁄4. pursuant to Section 206 of the Federal Gila and Salt River Meridian, Arizona Containing 5.00 acres, more or less. Land Policy and Management Act of T. 19 S., R. 18 E., The land is not required for any federal 1976 (43 U.S.C. 1716), as amended. The Sec. 9, SE1⁄4NE1⁄4; purpose. The lease/conveyance is consistent exchange has been proposed by the Sec. 10, SW1⁄4NW1⁄4, SW1⁄4. with current Bureau planning for this area Phelps Dodge Corporation and is T. 14 S., R. 28 E., and would be in the public interest. The referred to as the Morenci Exchange Sec. 3, E1⁄2SW1⁄4, SW1⁄4SW1⁄4, SE1⁄4; lease/patent, when issued, will be subject to Project. Sec. 7, E1⁄2E1⁄2, NW1⁄4NE1⁄4, W1⁄2SE1⁄4; the provisions of the Recreation and Public The following described public land Sec. 8, S1⁄2SW1⁄4; Purposes Act and applicable regulations of is being considered for disposal by the Sec. 10, NW1⁄4NW1⁄4. the Secretary of the Interior, and will contain the following reservations to the United United States: T. 5 S., R. 29 E., Sec. 30, SW1⁄4, W1⁄2SE1⁄4; States: Gila and Salt River Meridian, Arizona Sec. 31, NW1⁄4NE1⁄4. 1. A right-of-way thereon for ditches T. 4 S., 28 E., The areas described aggregate or canals constructed by the authority of Sec. 12, part of MS4256A. approximately 1,200.00 acres. the United States, Act of August 30, T. 3 S., R., 29 E., More detailed information concerning 1890 (43 U.S.C. 945). Sec. 14, W1⁄2E1⁄2, NW1⁄4; (mineral estate 2. All minerals shall be reserved to only) the proposed exchange may be obtained from Scott Evans, Project Manager, the United States, together with the Sec. 15, all; right to prospect for, mine and remove Sec. 21, SE1⁄4SW1⁄4, SE1⁄4; Safford District Office, 711 14th such deposits from the same under Sec. 21, NE1⁄4, NE1⁄4NW1⁄4, W1⁄2NW1⁄4; Avenue, Safford, Arizona 85546, (520) (mineral estate only) 428–4040 or, William J. Ruddick, Team applicable law and such regulations as Sec. 22, N1⁄2NE1⁄4, SE1⁄4NE1⁄4; S1⁄2; Leader, Arizona Exchange Team, the Secretary of the Interior may 1 1 1 Sec. 22, SW ⁄4NE ⁄4, NW ⁄4; (mineral estate Phoenix District Office, 2015 West Deer prescribe. only) and will be subject to: Valley Road, Phoenix, Arizona 85027, Sec. 23, S1⁄2SW1⁄4, SW1⁄4SE1⁄4; 1. An easement 40.00 feet in width 1 (602) 780–8090. Sec. 23, NE ⁄4; (mineral estate only) along the north boundary and 30.00 foot 1 1 Interested parties may submit Sec. 26, lots 1, 2, 3 and 5, W ⁄2NE ⁄4, in width along the east boundary and 1 1 1 1 1 comments concerning the proposed SE ⁄4NE ⁄4, NW ⁄4, NE ⁄4SE ⁄4; will include a 20.00 foot spandrel area Sec. 27, lots 1–5, inclusive, N1⁄2NE1⁄4, exchange to the District Manager, at the intersection of the two in favor of SE1⁄4NE1⁄4, NW1⁄4NW1⁄4; Safford District Office at the above Sec. 28, lots 1–6, inclusive, lot 10, Safford address. In order to be Clark County for roads, public utilities N1⁄2NE1⁄4, SW1⁄4NE1⁄4, NE1⁄4NW1⁄4, part considered in the environmental and flood control purposes. 1 4 1 4 1 4 2. Those rights for electrical and of SE ⁄ SE ⁄ SW ⁄ ; analysis of the proposed exchange, Sec. 31, lots 1, 4, 5, and 8, W1⁄2E1⁄2; telephone line purposes which have comments must be in writing to the Sec. 32, part of MS3098, part of been granted to Nevada Power Company 1 1 1 District Manager and be postmarked SW ⁄4SW ⁄4SE ⁄4; and Sprint Central Telephone Company within 45 days after the initial Sec. 35, lots 9–12, inclusive, lots 17 and of Nevada by Permit No. N–58654 the 18. publication of this notice. under the Act of October 21, 1976 T. 4 S., R. 29 E., Dated: May 9, 1995. Sec. 1, part of lot 4, part of MS4224A; (43USC1761). Detailed information William T. Civish, Sec. 5, lot 11, part of NW1⁄4NW1⁄4NE1⁄4; concerning this action is available for Sec. 6, lots 2, 11 and 21, part of MS 3343, District Manager. review at the office of the Bureau of part of SW1⁄4SW1⁄4SW1⁄4; [FR Doc. 95–12232 Filed 5–17–95; 8:45 am] Land Management, Las Vegas District, Sec. 7, lots 8, 15, 16, 19, and 20, part BILLING CODE 4310±32±M 4765 W. Vegas Drive, Las Vegas, MS4256–A, part of NW1⁄4NW1⁄4NW1⁄4, Nevada. part of NW1⁄4SW1⁄4NW1⁄4; Upon publication of this notice in the Sec. 8, lots 4, 6, and part of lot 7; [NV±930±4210±05; N±59504] Federal Register, the above described Sec. 11, lots 8 and 9; Sec. 12, lots 11, 12 and 14, part of MS Notice of Realty Action: Modified land will be segregated from all other 4245–C; Classification forms of appropriation under the public Sec. 17, part of lot 9, part of land laws, including the general mining NW1⁄4SE1⁄4SW1⁄4; AGENCY: Bureau of Land Management. laws, except for lease/conveyance under 26736 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices the Recreation and Public Purposes Act, Idaho, Group No. 880, was accepted, Sacramento, California 95825 and Park leasing under the mineral leasing laws May 5, 1995. Superintendent, Mojave Sector, 1051 and disposals under the mineral These surveys were executed to meet West Avenue M, #201, Lancaster, CA material disposal laws. For a period of certain administrative needs of the 93534. 45 days from the date of publication of Bureau of Land Management. FOR FURTHER INFORMATION CONTACT: this notice in the Federal Register, All inquires concerning the survey of Nancy Alex, BLM California State intereted parties may submit comments the above described land must be sent Office, 916–979–2858. regarding the proposed lease/ to the Chief, Branch of Cadastral Survey, SUPPLEMENTARY INFORMATION: On May conveyance for classification of the Idaho State Office, Bureau of Land 11, 1995, a petition was approved lands to the District Manager, Las Vegas Management, 3380 Americana Terrace, allowing the Bureau of Land District, P.O. Box 26569, Las Vegas, Boise, Idaho, 83706. Management to file an application to Nevada 89126. Dated: May 10, 1995. withdraw the following described lands, CLASSIFICATION COMMENTS: Interested Mark Smirnov, subject to valid existing right, from parties may submit comments involving Acting Chief Cadastral Surveyor for Idaho. settlement, sale, location or entry under the suitability of the land for a church [FR Doc. 95–12234 Filed 5–17–95; 8:45 am] the United States land and mineral facility. Comments on the classification laws, with the single exception of BILLING CODE 4310±GG±M are restricted to whether the land is conveyances to the State of California physically suited for the proposal, pursuant to Sec. 701 of the California whether the use will maximize the [ES±960±1420±00; ES±047170, Group 152, Desert Protection Act of 1994 (108 Stat. future use or uses of the land, whether Wisconsin] 4471): the use is consistent with local planning and zoning, or if the use is consistent Notice of Filing of Plat of Survey, Mount Diablo Meridian, California with State and Federal programs. Stayed T. 29 S., R. 37 E., APPLICATION COMMENTS: Interested All of the following land lying east of the On Thursday, March 23, 1995 there eastern right-of-way boundary of State parties may submit comments regarding was published in the Federal Register, the specific use proposed in the Highway 14, noted on federal land status Volume 60, Number 56, on page 15300 records as Serial Nos. CALA 0135202 and application and plan of development, a notice entitled ‘‘Filing of Plat of CALA 0160522: whether the BLM following proper 1 1 Survey; Wisconsin. In said notice was a Sec. 1; lots 1 to 4 inclusive, S ⁄2N ⁄2, and administrative procedures in reaching plat depicting the survey of two islands S1⁄2; the decision, or any other factor not located in Township 8 North, Range 21 Sec. 2, lots 1 and 2, SE1⁄4NE1⁄4, E1⁄2SW1⁄4, 1 directly related to the suitability of the East, Fourth Principal Meridian, and SE ⁄4; Sec. 11, E1⁄2, and E1⁄2W1⁄2; land for a church facility. Wisconsin, accepted March 13, 1995. Any adverse comments will be Sec. 12; The official filing of the plat is hereby Sec. 13; reviewed by the State Director. stayed, pending consideration of all In the absence of any adverse Sec. 14, lots 1, 2, 3, lots 6 to 16, inclusive; protests. Sec. 22, lots 8 and 9; comments, the classification of the land Dated: May 4, 1995. Sec. 23, lots 1 to 16, inclusive; described in this Notice will become Sec. 24; lots 1 to 16 inclusive; sec. 25; James F. Gegen, effective 60 days from the date of Sec. 26, N1⁄2, NE1⁄4SW1⁄4, NE1⁄4NW1⁄4SW1⁄4, publication in the Federal Register, The Acting Chief Cadastral Surveyor. E1⁄2SE1⁄4SW1⁄4, and SE1⁄4; lands will not be offered for lease/ [FR Doc. 95–12235 Filed 5–17–95; 8:45 am] Sec. 35, E1⁄2NE1⁄4, and SW1⁄4NE1⁄4. conveyance until after the classification BILLING CODE 4310±GJ±M T. 29 S., R. 38 E., becomes effective. All of the following land lying north of the Dated: May 5, 1995. northern right-of-way boundary of the [CA±931±1430±01; CACA 35558] highway known as the Redrock Randsburg Michael F. Dwyer, Road: District Manager, Las Vegas, NV. Proposed Withdrawal; California Sec. 4, lots 1 to 4 inclusive, S1⁄2N1⁄2, and [FR Doc. 95–12233 Filed 5–17–95; 8:45 am] 1 AGENCY: Bureau of Land Management, S ⁄2; 1 1 BILLING CODE 4310±HC±M Interior. Sec. 5, lots 1 to 4, inclusive, S ⁄2N ⁄2, NE1⁄4NE1⁄4SW1⁄4, W1⁄2NE1⁄4SW1⁄4, ACTION: Notice. NW1⁄4SW1⁄4, N1⁄2SW1⁄4SW1⁄4, NE1⁄4SE1⁄4, [ID±942±1420±00] 1 1 1 1 1 1 E ⁄2NW ⁄4SE ⁄4, NW ⁄4NW ⁄4SE ⁄4, SUMMARY: 1 1 1 1 1 The Bureau of Land E ⁄2SW ⁄4SE ⁄4, and SE ⁄4SE ⁄4; Idaho: Filing of Plats of Survey; Idaho Management proposes to withdraw Sec. 6, lots 1 to 7, inclusive, S1⁄2NE1⁄4, approximately 16,560 acres of lands. 1 4 1 4 1 2 1 4 1 2 1 4 The plats of the following described SE ⁄ NW ⁄ , E ⁄ SW ⁄ , N ⁄ SE ⁄ , This notice closes the lands for up to SW1⁄4SE1⁄4, N1⁄2SE1⁄4SE1⁄4, and land were officially filed in the Idaho two years from all the public land and SW1⁄4SE1⁄4SE1⁄4; State Office, Bureau of Land mineral laws except conveyances under Sec. 7, lots 1 to 4, inclusive, Management, Boise, Idaho, effective 1 1 1 1 1 sec. 701 of the California Desert NW ⁄4NE ⁄4NE ⁄4, NW ⁄4NE ⁄4, 9:00 a.m., May 10, 1995. 1 2 1 4 1 4 1 2 1 2 Protection Act of 1994 (108 Stat.4471). W ⁄ SW ⁄ NE ⁄ , E ⁄ W ⁄ , The plat representing the dependent NE1⁄4NE1⁄4SE1⁄4, S1⁄2NE1⁄4SE1⁄4, Existing rights are not affected by this resurvey of portions of the north W1⁄2NW1⁄4SE1⁄4, SE1⁄4NW1⁄4SE1⁄4, and withdrawal. Written comments from the 1 1 boundary and subdivisional lines, and S ⁄2SE ⁄4; public are solicited, and a public 1 1 1 1 1 1 the subdivision of section 4, T. 23N., R. Sec. 8, NE ⁄4, E ⁄2NE ⁄4NW ⁄4, S ⁄2NW ⁄4, 1 22E., Boise Meridian, Idaho, Group No. meeting will be held on the proposed and S ⁄2; 880, was accepted, May 5, 1995. withdrawal. Sec. 9; DATES: Comments should be received on Sec. 17; The plat representing the dependent 1 or before August 16, 1995. Sec. 18, lots 1 to 4 inclusive, E ⁄2, and resurvey of portions of the subdivisional E1⁄2W1⁄2; lines, the subdivision of section 33, and ADDRESSES: Comments should be sent to Sec. 19, lots 1 to 4 inclusive, E1⁄2, and a metes-and-bounds survey in section the California State Director, BLM (CA– E1⁄2W1⁄2; 33, T. 24N., R. 22E., Boise Meridian, 931), 2800 Cottage Way, Room E–2845, Sec. 20; Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26737 Sec. 21; are land uses consistent with the Arlington Square, U.S. Fish and Sec. 28; California Desert Conservation Area Wildlife Service, Washington, D.C. Sec. 29, N1⁄2, NE1⁄4SW1⁄4, NE1⁄4NW1⁄4SW1⁄4, Plan and permitted by the 1 1 1 1 1 1 20240. S ⁄2NW ⁄4SW ⁄4, S ⁄2SW ⁄4, and SE ⁄4; Memorandum of Understanding Sec. 30, lots 1, 4, and 6, N1⁄2NE1⁄4, Dated: April 14, 1995. between the Bureau of Land E1⁄2W1⁄2SW1⁄4NE1⁄4, E1⁄2SW1⁄4NE1⁄4, John J. Doggett, 1 1 1 1 1 1 1 Management and the California W ⁄2SE ⁄4NE, NE ⁄4NW ⁄4, S ⁄2NE ⁄4SW ⁄4, Acting Assistant Director—Refuges and 1 1 1 1 1 Department of Parks and Recreation. SE ⁄4SW ⁄4, W ⁄2NE ⁄4SE ⁄4, Wildlife. SE1⁄4NE1⁄4SE1⁄4, NW1⁄4SE1⁄4, and Existing rights are not affected by this [FR Doc. 95–12224 Filed 5–17–95; 8:45 am] S1⁄2SE1⁄4; action. 1 Sec. 31, lots 1 to 4 inclusive, E ⁄2, and David M. McIlnay BILLING CODE 4310±55±M E1⁄2W1⁄2; Sec. 32; Chief, Branch of Lands Sec. 33. [FR Doc. 95–12205 Filed 5–17–95; 8:45 am] Endangered and Threatened Species T. 30 S., R. 38 E., BILLING CODE 4310±40±P Permit Application All of the following land lying north of the northern right-of-way boundary of the AGENCY: Fish and Wildlife, Interior. highway known as the Redrock Randsburg Fish and Wildlife Service ACTION: Notice of document availability; Road: request for comments. Sec. 4, lot 2 of NE1⁄4, and E1⁄2 lot 2 of Information Collection Submitted to NW1⁄4. the Office of Management and Budget Availability of an Environmental Sec. 6, lot 1 of NE1⁄4, lot 1 of NW1⁄4, lot 2 for Review Under the Paperwork Assessment and Receipt of an of NE1⁄4, lot 2 of NW1⁄4, lot 1 of SW1⁄4, Reduction Act Application for a Permit to Allow lot 2 of SW1⁄4, and SE1⁄4. The proposal for the collection of Incidental Take of Threatened and The area within the withdrawal contains Endangered Species by Murray Pacific approximately 16,560 acres. information listed below has been submitted to the Office of Management Corporation on its Mineral Tree Farm in Congress has mandated all the public and Budget (OMB) for reinstatement Lewis County, Washington. lands described above be conveyed to approval under the provisions of the SUMMARY: This notice advises the public the State of California, subject to valid Paperwork Reduction Act (44 U.S.C. that Murray Pacific Corporation existing rights, for inclusion in Red Chapter 35). Copies of the proposed (Applicant) has applied to the U.S. Fish Rock Canyon State Park (California information collection requirement and and Wildlife Service (FWS) for an Desert Protection Act, 108 Stat. 4471, related forms and explanatory material incidental take permit pursuant to sec. 701.) The purpose of the proposed may be obtained by contacting the section 10(a)(1)(B) of the Endangered withdrawal is to protect the park values Service’s clearance officer at the phone Species Act of 1973, as amended (Act). of this designated area until the lands number listed below. Comments and The Applicant has requested the permit can be conveyed to the State of suggestions on the requirement should as an amendment to their existing California pursuant to the be made directly to the Service permit (PRT–777837) authorizing aforementioned act. For a period of 90 days from the date Clearance Officer and the Office of incidental take of the northern spotted of publication of this notice, all persons Management and Budget, Paperwork owl, which was issued on September who wish to submit comments, Reduction Project (1018–0009) 24, 1993, and have amended their suggestions, or objections in connection Washington, D.C. 20503, telephone 202– existing Habitat Conservation Plan with the proposed withdrawal may 395–7340. (HCP). The application has been Title: Woodcock Wing Collection present their views in writing to the assigned permit number PRT–777837. Envelope The Applicant has also requested to California State Director of the Bureau OMB Approval Number: 1018–0009 of Land Management. enter into a consensual agreement with Abstract: The Migratory Bird Treaty the U.S. National Marine Fisheries A public meeting is required to be Act authorizes and directs the Secretary held regarding the proposed Service (NMFS) to address the needs of of the Interior to determine to what anadromous salmonids being withdrawal. Upon determination by the extent migratory game birds may be authorized officer of the location and considered for listing under the Act, and hunted. For several species of game with the FWS to conserve other fish and date of the meeting, a notice of time and birds, including the woodcock, this place will be published in the Federal wildlife species which may be determination is based primarily on associated with habitats on their Register and in a local newspaper at biological information gathered through least 30 days before the scheduled date Mineral Tree Farm in Lewis County, surveys. Survey cooperators provide Washington (Tree Farm). The requested of the meeting. data on their harvests and hunting The application will be processed in permit would authorize the incidental activities, and from each bird taken, take of all species presently listed under accordance with the regulations set they submit one wing for certain forth in 43 CFR 2300. Records relating the Act, that may occur on the biological determinations. Applicant’s Tree Farm. The proposed to the application are available for Service Form Number: 3–156A. examination in the BLM Public Room, Frequency: On occasion. incidental take would occur as a result 2800 Cottage Way, Sacramento, CA Description of Respondents: of timber harvest activities in the 95825. Individuals and households. various habitat types that occur now, For a period of 2 years from the date Completion Time: The overall and will occur on the Tree Farm during of publication of this notice in the reporting burden is estimated to average the term of the proposed permit. The Federal Register, the lands will be 4 minutes per response with a response HCP Amendment includes an agreement segregated as specified above unless the rate average of 5 responses per for the issuance of additional permits application is denied or canceled or the respondent. for the incidental take of species not withdrawal is approved prior to that Annual Responses: 2,000. presently listed under the Act, but date. Annual Burden Hours: 670. which may become listed during the The temporary uses which will be Service Clearance Officer: Phyllis H. term of the proposed permit, and which permitted during this segregative period Cook, 703–358–1943 Mail Stop—224 may occur in habitats on the Tree Farm. 26738 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices The FWS in conjunction with NMFS permit. Reserves would be established National Park Service announce the availability of an during a Watershed Analysis process Environmental Assessment (EA) for the which the Applicant would complete by National Capital Memorial proposed issuance of the incidental take 2004. The expected result of Watershed Commission; Public Meeting permit and signing of the agreement. Analysis would place a majority of the Notice is hereby given in accordance The FWS is taking administrative reserves in riparian zones. In addition, with the Federal Advisory Committee responsibility for announcing the the Applicant would be committed to a Act that a meeting of the National availability of the aforementioned variety of special measures intended to Capital Memorial Commission will be documents. This notice is provided mitigate and minimize impacts to the held on Tuesday, June 20, 1995, at 1 pursuant to section 10(c) of the Act and habitat types which occur on the Tree National Environmental Policy Act p.m., at the National Building Museum, Farm, and specific State and Federal regulations (40 CFR 1506.6). Room 312, 5th and F Streets, NW. species of concern including the grizzly The Commission was established by DATES: Written comments on the permit bear, gray wolf, bald and golden eagles, Public Law 99–652, the Commemorative application and EA should be received goshawk, Larch Mountain salamander, Works Act, for the purpose of preparing on or before June 19, 1995. Townsend’s big-eared bat, long-legged and recommending to the Secretary of ADDRESSES: Comments regarding the myotis (bat), and others. The Applicant the Interior, Administrator, General application or EA should be addressed also proposes to mitigate for impacts to Services Administration, and Members to Mr. Curt Smitch, Assistant Regional of Congress broad criteria, guidelines, Director, U.S. Fish and Wildlife Service, anadromous salmonids through habitat conservation measures for these species. and policies for memorializing persons 3773 Martin Way East, Building C— and events on Federal lands in the Suite 101, Olympia, Washington 98501. The EA considers the environmental National Capital Region (as defined in Please refer to permit No. PRT–777837 consequences of 5 alternatives, the National Capital Planning Act of when submitting comments. Individuals including the proposed action and no- 1952, as amended), through the media wishing copies of the application or EA action alternatives. The proposed action of monuments, memorials and statues. It for review should immediately contact alternative is the issuance of a permit is to examine each memorial proposal the above office (360–534–9330). under section 10(a) of the Act that for adequacy and appropriateness, make FOR FURTHER INFORMATION CONTACT: would authorize incidental take of all recommendations to the Secretary and Craig Hansen, U.S. Fish and Wildlife listed species, and signing of the Administrator, and to serve as Service, 3773 Martin Way East, Building agreement for currently unlisted information focal point for those C- Suite 101, Olympia, WA., 98501; species, that may occur in the habitats persons seeking to erect memorials on (360) 412–5465. Steve Landino, on the Applicant’s Tree Farm. The Federal land in the National Capital National Marine Fisheries Service, 3773 proposed action would require the Region. Martin Way East, Building C- Suite 101, Applicant to implement their amended The members of the Commission are Olympia, WA., 98501; (360) 412–5469. Habitat Conservation Plan. Under the as follows: SUPPLEMENTARY INFORMATION: no-action alternative, the Applicant Director, National Park Service Chairman, National Capital Planning Background would continue to implement their existing northern spotted owl HCP, and Commission Under section 9 of the Act and its additional incidental take permits The Architect of the Capitol implementing regulations, ‘‘taking’’ of a would not be issued. The third Chairman, American Battle Monuments threatened or endangered species, is alternative is to maintain approximately Commission prohibited. However, the FWS and 29 percent of the Tree Farm in reserves Chairman, Commission of Fine Arts NMFS, under limited circumstances, Mayor of the District of Columbia generated according to Watershed may issue permits to take threatened Administrator, General Services and endangered wildlife species if such Analysis prescriptions. The fourth Administration taking is incidental to, and not the alternative is to maintain reserves on Secretary of Defense about 17 percent of the Tree Farm, and purpose of, otherwise lawful activities. The purpose of the meeting will be to would allow the Applicant to harvest Regulations governing permits for consider sites for the World War II threatened species are in 50 CFR 17.32 timber on a limited basis in the outer Memorial. The meeting will be open to and in 50 CFR 17.22 for endangered half of riparian reserves. The fifth the public. Any person may file with the species. alternative would place about 5 percent Commission a written statement The Applicant proposes to implement of the Tree Farm in riparian reserves concerning the matters to be discussed. an amendment to their HCP for the with additional protection on steep Persons who wish to file a written northern spotted owl that will allow slopes with wet talus habitat, the statement or testify at the meeting or timber harvest on portions of Applicant would commit to and who want further information approximately 55,000 acres of their Tree complete further Watershed Analysis by concerning the meeting may contact the Farm. The Applicant’s proposed timber the year 2004, and the Applicant would Commission at 202–619–7097. Minutes harvest may result in the take, as retain all live conifer and conifer snags of the meeting will be available for defined in the Act and its implementing greater than 40 inches in diameter at public inspection 4 weeks after the regulations, of listed species. The HCP breast height. meeting at the Office of Land Use and permit would be in effect through Dated: May 12, 1995. Coordination, National Capital Region, the year 2094. The application includes 1100 Ohio Drive, SW., Room 201, an amended HCP and Implementation Thomas Dwyer, Washington, D.C., 20242. Agreement. Deputy Regional Director, Region 1, Fish and The Applicant proposes to mitigate Wildlife Service, Portland, Oregon. Dated: May 11, 1995. for the incidental take of all listed [FR Doc. 95–12204 Filed 5–17–95; 8:45 am] Robert Stanton, Regional Director, National Capital Region. species by maintaining at least 10 BILLING CODE 4310±55±P percent of the Tree Farm in non- [FR Doc. 95–12260 Filed 5–17–95; 8:45 am] harvestable reserves for the term of the BILLING CODE 4310±70±M Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26739 INTERSTATE COMMERCE formal expressions of intent to file an and 23, 1995, from 8:30 a.m. to 5:00 COMMISSION OFA under 49 CFR 1152.27(c)(2),3 and p.m. each day. trail use/rail banking requests under 49 [Docket No. AB±439X] The purpose of the meeting is to CFR 1152.29 4 must be filed by May 30, discuss topics and questions which may Dallas Area Rapid TransitÐ 1995. Petitions to reopen or requests for be recommended for inclusion of future Abandonment ExemptionÐin Dallas public use conditions under 49 CFR Joint Board examinations in actuarial County, TX 1152.28 must be filed by June 7, 1995, mathematics and methodology referred with: Office of the Secretary, Case to in Title 29 U.S. Code, section Dallas Area Rapid Transit (DART), a Control Branch, Interstate Commerce 1242(a)(1)(B) and to review the May political subdivision of the State of Commission, Washington, DC 20423. 1995 Joint Board examinations in order Texas, has filed a notice of exemption A copy of any pleading filed with the to make recommendations relative under 49 CFR 1152 Subpart F—Exempt Commission should be sent to thereto, including the minimum Abandonments to abandon a portion of applicant’s representative: Kevin M. acceptable pass score. Topics for its line of railroad, known as the Sheys, 1020 19th St., N.W., Suite 400, inclusion on the syllabus for the Joint Garland Line, between milepost 762.26 Washington, DC 20036. Board’s examination program for the and milepost 763.0, in the City of If the notice of exemption contains November 1995 pension actuarial Dallas, Dallas County, TX, a distance of false or misleading information, the examination and the May 1996 basic 1 .74 miles. exemption is void ab initio. actuarial examinations will be DART has certified that: (1) No loca1 DART has filed an environmental discussed. In addition, the possibility of traffic has moved over the line for at report which addresses the having single true/false questions with a least 2 years; (2) any overhead traffic abandonment’s effects, if any, on the lower weighting than other questions on can be rerouted over other lines; (3) no environmental and historic resources. the Pension Examination will be formal complaint filed by a user of rail The Section of Environmental Analysis discussed. service on the line (or by a State or local (SEA) will issue an environmental A determination as required by government entity acting on behalf of assessment (EA) by May 23, 1995. such user) regarding cessation of service section 10(d) of the Federal Advisory Interested persons may obtain a copy of Committee Act (Pub. L. 92–463) that the over the line either is pending with the the EA by writing to SEA (Room 3219, Commission or with any U.S. District portions of the meeting dealing with the Interstate Commerce Commission, discussion of questions which may Court or has been decided in favor of Washington, DC 20423) or by calling the complainant within the 2-year appear on future Joint Board Elaine Kaiser, Chief of SEA, at (202) examinations and review of the May period; and (4) the requirements at 49 927–6248. Comments on environmental CFR 1105.7 (environmental reports), 49 1995 Joint Board examination fall and historic preservation matters must within the exceptions to the open CFR 1105.8 (historic reports), 49 CFR be filed within 15 days after the EA is 1105.11 (transmittal letter), 49 CFR meeting requirement set forth in Title 5 available to the public. U.S. Code, section 552(c)(9)(B), and that 1105.12 (newspaper publication), and Environmental, historic preservation, the public interest requires that such 49 CFR 1152.50(d)(1) (notice to public use, or trail use/rail banking portions be closed to public governmental agencies) have been met. conditions will be imposed, where participation. As a condition to use of this appropriate, in a subsequent decision. exemption, any employee adversely The portion of the meeting dealing Decided: May 11, 1995. affected by the abandonment shall be with the discussion of the other topics protected under Oregon Short Line R. By the Commission, David M. Konschnik, will commence at 1:30 p.m. on June 22 Director, Office of Proceedings. Co.—Abandonment—Goshen, 360 I.C.C. and will continue for as long as Vernon A. Williams, 91 (1979). To address whether this necessary to complete the discussion, condition adequately protects affected Secretary. but not beyond 3:00 p.m. This portion employees, a petition for partial [FR Doc. 95–12252 Filed 5–17–95; 8:45 am] of the meeting will be open to the public revocation under 49 U.S.C. 10505(d) BILLING CODE 7035±01±P as space is available. Time permitting, must be filed. after the close of this discussion by Provided no formal expression of Committee members, interested persons intent to file an offer of financial JOINT BOARD FOR THE may make statements germane to this assistance (OFA) has been received, this ENROLLMENT OF ACTUARIES subject. Persons wishing to make oral exemption will be effective on June 17, statements are requested to notify the 1995, unless stayed pending Advisory Committee on Actuarial Acting Committee Management Officer reconsideration. Petitions to stay that do Examinations; Meeting in writing prior to the meeting in order 2 to aid in scheduling the time available, not involve environmental issues, Notice is hereby given that the and should submit the written text, or, Advisory Committee on Actuarial 1 at a minimum, an outline of comments DART acquired this line of railroad from the Examinations will meet in the Missouri Pacific Railroad Company (MP) in 1990, they propose to make orally. Such Conference Room of the Office of with MP retaining trackage rights. MP discontinued comments will be limited to ten minutes its trackage rights through a 1992 relocation of its Director of Practice, Suite 600, 801 in length. Any interested person also operations, and later abandoned three miles of Pennsylvania Avenue NW., Washington, may file a written statement for trackage (as to which MP had retained ownership) DC, on Thursday and Friday, June 22 south from the current end of track at milepost consideration by the Joint Board and 763.0 into Dallas. This right-of-way south of the line Committee by sending it to the Acting is now used as a recreational trail. 377 (1989). Any entity seeking a stay on 2 A stay will be issued routinely by the environmental concerns is encouraged to file its Committee Management Officer. Commission in those proceedings where an request as soon as possible in order to permit the Notifications and statements should be informed decision on environmental issues Commission to review and act on the request before mailed no later than June 6, 1995 to Mr. (whether raised by a party or by the Commission’s the effective date of this exemption. Robert I. Brauer, Joint Board for the Section of Environmental Analysis in its 3 See Exempt. of Rail Abandonment—Offers of independent investigation) cannot be made prior to Finan. Assist., 4 I.C.C.2d 164 (1987). Enrollment of Actuaries, c/o U.S. the effective date of the notice of exemption. See 4 The Commission will accept a late-filed trail use Department of the Treasury, Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d request as long as it retains jurisdiction to do so. Washington, DC 20220. 26740 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices Dated: May 15, 1995. above. In requesting a copy, please refer exemptions of the type proposed to the Rober I. Brauer, to the referenced case and number, and Secretary of Labor. enclose a check in the amount of $16.50 Acting Advisory Committee Management Statutory Findings Officer, Joint Board for the Enrollment of (25 cents per page reproduction costs), Actuaries. payable to the Consent Decree Library. In accordance with section 408(a) of [FR Doc. 95–12210 Filed 5–17–95; 8:45 am] Joel M. Gross, the Act and/or section 4975(c)(2) of the BILLING CODE 4810±25±M Acting Section Chief, Environment Code and the procedures set forth in 29 Enforcement Section, Environmental and CFR part 2570, subpart B (55 FR 32836, Natural Resources Division. 32847, August 10, 1990) and based upon DEPARTMENT OF JUSTICE [FR Doc. 95–12236 Filed 5–17–95; 8:45 am] the entire record, the Department makes BILLING CODE 4410±01±M the following findings: Notice of Lodging a Final Judgment by (a) The exemptions are administratively Consent Pursuant to the feasible; Comprehensive Environmental DEPARTMENT OF LABOR (b) They are in the interests of the plans Response Compensation and Liability and their participants and beneficiaries; and Act (CERCLA) Pension and Welfare Benefits (c) They are protective of the rights of the Administration participants and beneficiaries of the plans. Notice is hereby given that on May 11, 1995, a proposed consent decree in [Prohibited Transaction Exemption 95±36; Amended Profit Sharing Plan and Trust United States v. ACF Industries, Inc., Exemption Application No. D±09798, et al.] of Walker Products Co., Inc. (the P/S Civ. A. No. 2.95–0360, was lodged with Plan) the United States District Court for the Grant of Individual Exemptions; Located in Lincoln, Kansas Southern District of West Virginia. The Amended Profit Sharing Plan and Trust [Prohibited Transaction Exemption 95–36; complaint in this action seeks recovery of Walker Products Co., Inc., et al. Exemption App. No. D–09798] of costs and injunctive relief under AGENCY: Pension and Welfare Benefits Exemption Sections 106 and 107(a) of the Administration, Labor. The restrictions of sections 406(a), Comprehensive Environmental ACTION: Grant of individual exemptions. Response, Compensation and Liability 406(b)(1) and (b)(2) of the Act and the Act (‘‘CERCLA’’), as amended by the SUMMARY: This document contains sanctions resulting from the application Superfund Amendments and exemptions issued by the Department of of section 4975 of the Code, by reason Reauthorization Act of 1986, Pub. L. 99– Labor (the Department) from certain of of section 4975(c)(1) (A) through (E) of 499, 42 U.S.C. §§ 9606, 9607(a). This the prohibited transaction restrictions of the Code, shall not apply to the sale of the Employee Retirement Income certain farm land (the Land) by the P/ action involves the ACF Industries Site 1 near Eleanor, West Virginia, a property Security Act of 1974 (the Act) and/or S Plan to Mr. Lloyd Walker, a 33 ⁄3% which the United States acquired by the Internal Revenue Code of 1986 (the shareholder of the P/S Plan sponsor and eminent domain in December 1989. Code). a party in interest with respect to the P/ Under the proposed Consent Decree, Notices were published in the Federal S Plan, provided that the following AFC Industries Inc. will pay $2,000,000 Register of the pendency before the conditions are satisfied: for costs incurred by the United States Department of proposals to grant such (1) The sale will be a one-time cash in performing certain response actions exemptions. The notices set forth a transaction; (2) The P/S Plan will receive the fair at the Site. The Decree also requires summary of facts and representations market value of the Land as determined ACF Industries Inc. to perform certain contained in each application for at the time of the sale by an response actions for the Site. exemption and referred interested The Department of Justice will receive persons to the respective applications independent, qualified appraiser; (3) The P/S Plan will pay no expenses comments relating to the proposed for a complete statement of the facts and associated with the sale; and consent decree for a period of thirty representations. The applications have (4) The terms of this transaction are at days from the date of publication of this been available for public inspection at least as favorable to the P/S Plan as an notice. Comments should be addressed the Department in Washington, DC. The arms-length transaction between to the Assistant Attorney General of the notices also invited interested persons unrelated parties. Environment and Natural Resources to submit comments on the requested For a complete statement of the facts Division, Department of Justice, P.O. exemptions to the Department. In and representations supporting the Box 7611, Ben Franklin Station, addition the notices stated that any Department’s decision to grant this Washington, DC 20044, and should refer interested person might submit a exemption refer to the notice of to United States v. ACF Industries, Inc., written request that a public hearing be proposed exemption published on DOJ Reference No. 90–11–2–681. held (where appropriate). The March 20, 1995 at 60 FR 14792/14793. The proposed consent decree may be applicants have represented that they FOR FURTHER INFORMATION CONTACT: examined at the Office of the United have complied with the requirements of Ekaterina A. Uzlyan of the Department, States Attorney for the Southern District the notification to interested persons. telephone (202) 219–8883. (This is not of West Virginia, 500 Quarrier St., Room No public comments and no requests for a toll-free number.) 3201, Charleston, West Virginia, offices a hearing, unless otherwise stated, were of the U.S. Army Corps of Engineers received by the Department. The Travelers Separate Account ‘‘R’’ Huntington District, 502 Eighth Street, The notices of proposed exemption (SAR) Huntington, West Virginia 25701, and at were issued and the exemptions are Located in Hartford, Connecticut the Consent Decree Library, 1120 ‘‘G’’ being granted solely by the Department [Prohibited Transaction Exemption 95–37; Street, NW, 4th Floor, Washington, DC because, effective December 31, 1978, App. No. D–09827] 20005, (202) 624–0892. A copy of the section 102 of Reorganization Plan No. proposed decree may be obtained in 4 of 1978 (43 FR 47713, October 17, Exemption person or by mail from the Consent 1978) transferred the authority of the The restrictions of sections 406(a), Decree Library at the address listed Secretary of the Treasury to issue 406(b)(1) and 406(b)(2) of the Act and Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26741 the sanctions resulting from the NOTICE TO INTERESTED PERSONS: The FOR FURTHER INFORMATION CONTACT: application of section 4975 of the Code, applicant represents that some of the Ekaterina A. Uzlyan of the Department, by reason of section 4975(c)(1) (A) employee benefit plans invested in SAR telephone (202) 219–8883. (This is not through (E) of the Code, shall not apply did not receive notice of the pendency a toll-free number.) to the past lease (the Lease) of space in of the proposed exemption within the an office building located in Cedar time period specified in the Proposal. General Information Knolls, New Jersey (the Building) from The applicant states that these plans The attention of interested persons is December 22, 1993 until June 24, 1994 were subsequently provided with a directed to the following: by SAR to The Travelers Insurance separate notice and a copy of the Company (Travelers), a party in interest Proposal on or before March 17, 1995. (1) The fact that a transaction is the with respect to employee benefit plans Such plans were advised by the subject of an exemption under section invested in SAR, provided that the applicant in the separate notice that 408(a) of the Act and/or section following conditions were satisfied: they had until April 17, 1995 to 4975(c)(2) of the Code does not relieve (a) All terms and conditions of the comment and/or request a hearing on a fiduciary or other party in interest or Lease were at least as favorable to SAR the Proposal. No comments or hearing disqualified person from certain other as those which SAR could have requests were received by the provisions to which the exemptions obtained in an arm’s-length transaction Department. does not apply and the general fiduciary with an unrelated party at the time the FOR FURTHER INFORMATION CONTACT: Mr. responsibility provisions of section 404 Lease was executed; E.F. Williams of the Department, of the Act, which among other things (b) The rent paid by Travelers to SAR require a fiduciary to discharge his under the Lease was not less than the telephone (202) 219–8194. (This is not a toll-free number.) duties respecting the plan solely in the fair market rental value of the office interest of the participants and space; Law Offices of Bryson and Berman, beneficiaries of the plan and in a (c) LaSalle Partners (LaSalle), acting P.A. Employees’ Pension Plan and Trust prudent fashion in accordance with as a qualified, independent fiduciary for (Pension Plan) and Law Offices of section 404(a)(1)(B) of the Act; nor does SAR during the time that the Building Bryson and Berman, P. A. Employees’ was owned by SAR, reviewed all terms it affect the requirement of section Profit Sharing Plan and Trust (P/S Plan, 401(a) of the Code that the plan must and conditions of the Lease prior to the collectively; the Plans) transaction, as well as any subsequent operate for the exclusive benefit of the modifications to the Lease, and Located in Miami, Florida employees of the employer maintaining determined that such terms and [Prohibited Transaction Exemption 95–38; the plan and their beneficiaries; Exemption App. Nos. D–09884 and D– conditions would be in the best interests 09885] (2) These exemptions are of SAR at the time of the transaction; supplemental to and not in derogation (d) LaSalle represented the interests of Exemption of, any other provisions of the Act and/ SAR for all purposes under the Lease as The restrictions of sections 406(a), or the Code, including statutory or a qualified, independent fiduciary for 406(b)(1) and (b)(2) of the Act and the administrative exemptions and SAR, monitored the performance of the sanctions resulting from the application transactional rules. Furthermore, the parties under the terms and conditions of section 4975 of the Code, by reason fact that a transaction is subject to an of the Lease, and took whatever action of section 4975(c)(1)(A) through (E) of administrative or statutory exemption is was necessary to safeguard the interests the Code, shall not apply to the sale by not dispositive of whether the of SAR with respect to the Lease during the two individual accounts (the transaction is in fact a prohibited the time that the Building was part of Accounts) in the Plans of Rodney W. transaction; and SAR’s portfolio; and (e) Travelers pays to all of SAR’s Bryson of two adjacent parcels of vacant (3) The availability of these contractholders, upon final liquidation land (Lots 3 and 4, collectively; the exemptions is subject to the express of the properties held by SAR, amounts Lots) to Mr. Rodney Bryson (Mr. condition that the material facts and necessary to reimburse SAR for Bryson), a trustee of the Plans and a representations contained in each expenses incurred in connection with party in interest with respect to the application are true and complete and the tenant improvements made to the Plans; provided that the following accurately describe all material terms of office space leased to Travelers prior to conditions are satisfied: the transaction which is the subject of the sale of the Building (i.e., (a) The sale will be a one-time cash the exemption. In the case of continuing $1,363,581), as well as all other amounts transaction; exemption transactions, if any of the required to be paid to SAR’s (b) The Accounts in this transaction material facts or representations contractholders, pursuant to the terms will receive the current fair market described in the application change of the Settlement Agreement arising value of the Lots established at the time after the exemption is granted, the from The Travelers Insurance Company of the sale by an independent qualified exemption will cease to apply as of the v. Allied-Signal, Inc. Master Pension appraiser; date of such change. In the event of any Trust, et al. (Civil No. H–90–870–AHN, (c) The Accounts will pay no such change, application for a new USDC D Conn). expenses associated with the sale; and exemption may be made to the EFFECTIVE DATE: This exemption is (d) The terms of this transaction are Department. effective for the period from December at least as favorable to the Accounts as Signed at Washington, D.C., this 12th day 22, 1993 until June 24, 1994. an arms-length transaction between of May, 1995. For a more complete statement of the unrelated parties. facts and representations supporting the For a complete statement of the facts Ivan Strasfeld, Department’s decision to grant this and representations supporting the Director of Exemption Determinations, exemption, refer to the notice of Department’s decision to grant this Pension and Welfare Benefits Administration, proposed exemption (the Proposal) exemption refer to the notice of Department of Labor. published on January 18, 1995, at 60 FR proposed exemption published on [FR Doc. 95–12183 Filed 5–17–95; 8:45 am] 3662. March 13, 1995 at 60 FR 13472/13473. BILLING CODE 4510±29±P 26742 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices NATIONAL SCIENCE FOUNDATION Agenda: To provide oversight review of the Date and Time: June 6, 1995, 8:30 a.m.– Ecological Studies Cluster in the Division of 5:00 p.m. Special Emphasis Panel in Environmental Biology. Place: Rooms 330, 340, 530, 580, 565, and Astronomical Sciences; Meeting Reason for Closing: The meeting is closed 970, National Science Foundation, 4201 to the public because the Committee is Wilson Boulevard, Arlington, VA 22230. In accordance with the Federal reviewing proposal actions that will include Type of Meeting: Closed. privileged intellectual property and personal Contact Person: Program Directors: Dr. Pius Advisory Committee Act (Pub. L. 92– information that could harm individuals if Egbelu, Operations Research and Production 463, as amended), the National Science they are disclosed. These matters are exempt Systems, Dr. Warren DeVries, Manufacturing Foundation announces the following under 5 U.S.C. 552b(c), (4) and (6) of the Machines and Equipment, Dr. Christina meeting. Government in the Sunshine Act. Gabriel, Integration Engineering, Dr. George Name: Special Emphasis Panel in Dated: May 15, 1995. Hazelrigg, Engineering Design, and Dr. Kesh Narayanan, Materials Processing and Astronomical Sciences. M. Rebecca Winkler, Manufacturing, National Science Foundation, Date and Time: June 8 and 9, 1995, 9 am– Committee Management Officer. 4201 Wilson Boulevard, Arlington, VA 5 pm [FR Doc. 95–12266 Filed 5–17–95; 8:45 am] 22230, (703) 306–1330. Place: Room 370, National Science Purpose of Meeting: To provide advice and Foundation, 4201, Wilson Boulevard, BILLING CODE 7555±01±M recommendations concerning proposals Arlington, VA 22230. submitted to the NSF for financial support. Type of Meeting: Closed. Agenda: To review and evaluate Contact Person: Jane Russell, Program Advisory Committee for Computer and unsolicited proposals as part of the selection Director, Division of Astronomical Sciences, Information Science and Engineering; Meeting process for awards. National Science Foundation, 4201 Wilson Reason for Closing: The proposals being Boulevard, Arlington, VA 22230. Telephone: In accordance with the Federal reviewed include information of a 703/306–1827. proprietary or confidential nature, including Purpose of Meeting: To provide advice and Advisory Committee Act (Pub. L. 92– 463, as amended), the National Science technical information; financial data, such as recommendations on proposals submitted to salaries; and personal information the National Science Foundation for financial Foundation announces the following concerning individuals associated with the support. meeting: proposals. These matters are exempt under 5 Agenda: To review and evaluate Global Name: Advisory Committee for Computer U.S.C. 552b(c)(4) and (6) of the Government Oscillation Network Group (GONG) and Information Science and Engineering. in the Sunshine Act. proposals. Date and Time: June 8, 1995; 8:30 a.m. to Reason for Closing: The proposals being Dated: May 15, 1995. 5 p.m.; June 9, 1995; 8:30 a.m. to 2:30 p.m. reviewed include information of a M. Rebecca Winkler, Place: 4201 Wilson Blvd., Arlington, VA proprietary or confidential nature, including 22230, Room 1235. Committee Management Officer. technical information; financial data, such as Type of Meeting: Open. [FR Doc. 95–12268 Filed 5–17–95; 8:45 am] salaries and personal information concerning Contact Person: Odessa Dyson, BILLING CODE 7555±01±M individuals associated with the proposals. Administrative Officer, Office of the These matters are exempt under 5 U.S.C. Assistant Director, Directorate for Computer 552b(c) (4) and (6) of the Government in the and Information Science and Engineering, Sunshine Act. Special Emphasis Panel in Electrical National Science Foundation, 4201 Wilson and Communications Systems; Dated: May 15, 1995. Blvd., Arlington, VA 22230. Telephone: (703) Meeting M. Rebecca Winkler, 306–1900. Committee Management Officer. Minutes: May be obtained from the contact In accordance with the Federal person listed above. [FR Doc. 95–12265 Filed 5–17–95; 8:45 am] Advisory Committee Act (Pub. L. 92– Purpose of Meeting: To provide advice to BILLING CODE 7555±01±M 463, as amended), the National Science the Assistant Director/CISE on issues related Foundation announces the following to long-range planning, to advise NSF on the impact of policies, programs and activities on meetings. Advisory Committee for Biological the CISE community; and to form ad hoc Name and Committee Code: Special Sciences; Committee of Visitors; subcommittees to carry out needed studies Emphasis Panel in Electrical and Meeting and tasks. Communications Systems (#1196). Agenda: Date and Time: June 5, 8, 9, 1995. I accordance with the Federal (1) Strategic Planning Place: Room 675, National Science Advisory Committee Act (Pub. L. 92– (2) Committee of Visitors Reporting (COV) Foundation, 4201 Wilson Blvd., Arlington, 463, as amended), the National Science Dated: May 15, 1995. VA 22230. Foundation announces the following M. Rebecca Winkler, Type of Meeting: Closed. Contact Person: Division of Electrical and meeting. Committee Management Officer. Communications Systems, National Science Name: Advisory Committee for Biological [FR Doc. 95–12267 Filed 5–17–95; 8:45 am] Foundation, 4201 Wilson Boulevard, Sciences; Committee of Visitors. BILLING CODE 7555±01±M Arlington, VA 22230. Telephone: (703) 306– Date and time: June 7–9, 1995. 1339. Place: National Science Foundation, 4201 Purpose of Meetings: To provide advice Wilson Boulevard, Room 330, Arlington, VA Special Emphasis Panel in Design, and recommendations concerning proposals 22230. Manufacture, and Industrial submitted to NSF for financial support. Type of Meeting: Closed. Innovation; Meeting Agenda: To review and evaluate proposals Contact Person: Dr. Scott Collins, Division for the (1) Quantum Electronics, Plasmas, of Environmental Biology, Room 640, In accordance with the Federal Electromagnetics, (2) Optical National Science Foundation, 4201 Wilson Advisory Committee Act (Pub. L. 92– Communications Systems, and (3) Solid State Boulevard, Arlington, VA 22230. Telephone: 463, as amended), the National Science and Mircrostructures programs as part of the (703) 306–1479. Foundation announces the following selection process for awards. Purpose of Meeting: To carry out Reason for Closing: The proposals being Committee of Visitors (COV) review, meeting: reviewed include information of a including examination of decision on Name: Special Emphasis Panel in Design, proprietary or confidential nature, including proposals, reviewer comments, and other Manufacture, and Industrial Innovation— technical information; financial data, such as privileged materials. #1194. salaries and personal information concerning Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26743 individuals associated with the proposals. of an amendment request by the Florida For the Nuclear Regulatory Commission. These matters are exempt under 5 U.S.C. Power and Light Company (FPL or the David B. Matthews, 552b(c)(4) and (6) of the Government in the licensee) for an amendment to Facility Director, Project Directorate II–1, Division of Sunshine Act. Operating License Nos. DPR–31 and Reactor Projects—I/II, Office of Nuclear Dated: May 15, 1995. DPR–41, issued to the licensee for Reactor Regulation. M. Rebecca Winkler, operation of the Turkey Point Plant, [FR Doc. 95–12216 Filed 5–17–95; 8:45 am] Committee Management Officer. Units 3 and 4, located in Dade County, BILLING CODE 7590±01±M [FR Doc. 95–12269 Filed 5–17–95; 8:45 am] Florida. Notice of Consideration of BILLING CODE 7555±01±M Issuance of this amendment was published in the Federal Register on [Docket No. 030±22026; License No. 37± November 9, 1994 (59 FR 55869). 20746±01 (Revoked) EA 95±090] Special Emphasis Panel in Research, The purpose of the licensee’s Joseph Paolino and Sons, Inc.; Mt. Evaluation and Dissemination; Meeting amendment request was to revise the Laurel, New Jersey; Confirmatory Technical Specification (TS) to revise Order In accordance with the Federal the definition of core alterations, allow Advisory Committee Act (Pub. L. 92– the personnel airlocks to be open during I 463, as amended), the National Science core alterations and revise a footnote Joseph Paolino and Sons, Inc. Foundation announces the following pertaining to opening of certain valves. meeting: (Licensee) previously held Byproduct The NRC staff has concluded that the Material License No. 37–20746–01 Name: Special Emphasis Panel in portion of the licensee’s request issued by the Nuclear Regulatory Research, Evaluation and Dissemination. regarding the footnote allowing certain Commission pursuant to 10 CFR Part 30. Date and Time: June 5, 1995; 8:30 a.m. to valves to be open during core alterations 5 p.m.; June 6, 1995; 8:30 a.m. to 5 p.m.; June The license authorized the possession cannot be granted for the reasons stated and use of sealed sources containing 7, 1995; 8:30 a.m. to 5 p.m.; June 8, 1995; in letter dated May 11, 1995. The 8:30 a.m. to 5 p.m.; June 9, 1995; 8:30 a.m. byproduct material (cesium-137 and to 5 p.m. licensee was notified of the americium-241) in portable moisture Place: Rooms 320, 370, and 375, National Commission’s denial of the proposed density gauges, in accordance with the Science Foundation, 4201 Wilson Boulevard, change by letter dated May 11, 1995. conditions specified therein. The Arlington, VA 22230. By June 19, 1995, the licensee may license was issued on September 20, Type of Meeting: Closed. demand a hearing with respect to the 1984 and was revoked by an Order Contact Person: Dr. Nora Sabelli, Program denial described above. Any person Director, 4201 Wilson Boulevard, Room 855, Revoking License for nonpayment of affected by this proceeding may file a fees on July 30, 1993. Arlington, VA 22230. Telephone (703) 306– written petition for leave to intervene. 1651. A request for hearing or petition for II Purpose of Meeting: To provide advice and recommendations concerning proposals leave to intervene must be filed with the The Order Revoking License directed submitted to NSF for financial support. Secretary of the Commission, U.S. the Licensee to transfer all licensed Agenda: To review and evaluate proposals Nuclear Regulatory Commission, material that was in its possession to an and provide advice and recommendations as Washington, DC, 20555, Attention: authorized recipient. The Licensee part of the selection process for proposals Docketing and Service Branch, or may failed to transfer the material and on submitted to the Networking Infrastructure be delivered to the Commission’s Public August 18, 1994, the NRC issued a for Education Program. Document Room, the Gelman Building, Reason for Closing: Because the proposals Notice of Violation and Revoked 2120 L Street, NW., Washington, DC License, which was returned unclaimed being reviewed include information of a 20555, by the above date. A copy of any proprietary or confidential nature, including and resent by messenger service and technical information; financial data, such as petitions should also be sent to the signed for by the Licensee on October 6, salaries; and personal information office of the General Counsel, U.S. 1994. On December 14, 1994, the NRC concerning individuals associated with Nuclear Regulatory Commission, issued a Notice of Violation and proposals, the meetings are closed to the Washington, DC 20555, and to J. R. Proposed Imposition of Civil Penalty— public. These matters are within exemptions Newman, Esquire, Morgan, Lewis & $3000 and Notification of Consideration (4) and (6) of 5 U.S.C. 552b(c), Government Bockius, 1800 M Street, NW., of the Imposition of Daily Civil in the Sunshine Act. Washington, DC 20036, attorney for the Penalties for unauthorized possession of Dated: May 15, 1995. licensee. byproduct material and failure to M. Rebecca Winkler, For further details with respect to this comply with the Order Revoking Committee Management Officer. action, see (1) the application for License. The Licensee failed to respond [FR Doc. 95–12270 Filed 5–17–95; 8:45 am] amendments dated October 20, 1994, to this action and on March 8, 1995, the BILLING CODE 7555±01±M and (2) the Commission’s letter to the NRC issued a Notice of Violation and licensee dated May 11, 1995. These Proposed Imposition of Daily Civil documents are available for public Penalties—$15,000. The Licensee NUCLEAR REGULATORY inspection at the Commission’s Public responded and transferred the COMMISSION Document Room, the Gelman Building, byproduct material in its possession to 2120 L Street, NW., Washington, DC an authorized recipient on March 24, [Docket Nos. 50±250 and 50±251] 20555 and at the Florida International 1995. The Licensee did not pay the University, University Park, Miami, Florida Power and Light Company; outstanding civil penalties totaling Florida 33199. A copy of Item (2) may $18,000. Turkey Point Unit Nos. 3 and 4; Notice be obtained upon request addressed to of Partial Denial of Amendment to the U.S. Nuclear Regulatory III Facility Operating License and Commission, Washington, DC 20555, Opportunity for Hearing The Notice of Violation and Proposed Attention: Document Control Desk. Imposition of Civil Penalties dated The U.S. Nuclear Regulatory Dated at Rockville, Maryland this 11th day December 14, 1994 and March 8, 1995 Commission (NRC) has denied a portion of May, 1994. are still outstanding. As the parties 26744 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices desire to resolve all matters pending 20555. Copies also shall be sent to the The meetings will start at 10:45 a.m. between them, the Licensee, through its Director, Office of Enforcement, U.S. and will be held in Room 5A06A, Office Assistant Secretary, Matthew Paolino, Nuclear Regulatory Commission, of Personnel Management Building, has entered into an agreement with the Washington, D.C. 20555, to the 1900 E Street, NW, Washington, DC. NRC executed on April 18, 1995. Under Assistant General Counsel for Hearings The Federal Prevailing Rate Advisory the terms of the agreement, the NRC and Enforcement at the same address, to Committee is composed of a Chairman, withdraws the civil penalty in the the Regional Administrator, NRC Region five representatives from labor unions amount of $3,000 proposed by Notice of I, 475 Allendale Road, King of Prussia, holding exclusive bargaining rights for Violation dated December 14, 1994 and Pennsylvania 19406, and to the Federal blue-collar employees, and five the daily civil penalties in the total Licensee. If such a person requests a amount of $15,000 proposed by Notice hearing, that person shall set forth with representatives from Federal agencies. of Violation dated March 8, 1995. Under particularity the manner in which his or Entitlement to membership on the the terms of the agreement, Joseph her interest is adversely affected by this Committee is provided for in 5 U.S.C. Paolino and Sons, Inc., Licensee, agrees Order and shall address the criteria set 5347. that for a period of five years from April forth in 10 CFR 2.714(d). The Committee’s primary 18, 1995, (1) neither the Licensee, nor If a hearing is requested by a person responsibility is to review the Prevailing any successor entity, shall apply to the whose interest is adversely affected, the Rate System and other matters pertinent NRC for a license; and (2) neither Joseph Commission will issue an Order to establishing prevailing rates under Paolino and Sons, Inc. nor a successor designating the time and place of any subchapter IV, chapter 53, 5 U.S.C., as entity, shall engage in NRC-licensed hearing. If a hearing is held, the issue to amended, and from time to time advise activities within the jurisdiction of the be considered at such hearing shall be the Office of Personnel Management. NRC for that same period of time. whether this Confirmatory Order should These schedule meetings will start in IV be sustained. In the absence of any open session with both labor and request for hearing, the provisions management representatives attending. Accordingly, pursuant to sections 81, specified in Section IV above shall be 161b, 161i, 186, and 234 of the Atomic During the meeting either the labor final 20 days from the date of this Order members of the management members Energy Act of 1954, as amended, and without further order or proceedings. the Commission’s regulations in 10 CFR may caucus separately with the 2.202, 2.205, and 10 CFR Parts 30, 34, VI Chairman to devise strategy and formulate positions. Premature and 150, IT IS HEREBY ORDERED On March 24, 1995, the Licensee disclosure of the matters discussed in THAT: transferred the byproduct material to 1. The NRC withdraws the civil these caucuses would unacceptably Glasgow, Inc., an authorized recipient penalty in the amount of $3,000 impair the ability of the Committee to and the NRC, Region I, has confirmed proposed by Notice of Violation dated that transfer. Accordingly, given the reach a consensus on the matters being December 14, 1994 and the civil Licensee’s failure to pay the annual fee considered and would disrupt penalties in the amount of $15,000 for the License, the Licensee’s transfer substantially the disposition of its proposed by Notice of Violation dated of the byproduct material, and the business. Therefore, these caucuses will March 8, 1995. Licensee’s agreement as described in be closed to the public because of a 2. For a period of five years from determination made by the Director of April 18, 1995: Section III above, License No. 37– 20746–01 is hereby terminated. the Office of Personnel Management (a) Neither Joseph Paolino and Sons, under the provisions of section 10(d) of Inc., nor any successor entity shall Dated at Rockville, Maryland this 9th day the Federal Advisory Committee Act apply to the NRC for a license; and of May 1995. (Pub. L. 92–463) and 5 U.S.C. (b) Neither Joseph Paolino and Sons, For the Nuclear Regulatory Commission. 552b(c)(9)(B). These caucuses may, Inc., nor any successor entity, shall James Lieberman, engage in NRC-licensed activities depending on the issues involved, Director, Office of Enforcement. constitute a substantial portion of the (including exercising any control over [FR Doc. 95–12217 Filed 5–17–95; 8:45 am] NRC-licensed activities) within the meeting. BILLING CODE 7590±01±M jurisdiction of the NRC for that same Annually, the Committee publishers period of time. for the Office of Personnel Management, 3. If Joseph Paolino and Sons, Inc., or the President, and Congress a a successor entity, violates paragraph 2. OFFICE OF PERSONNEL comprehensive report of pay issues of this section of the Confirmatory MANAGEMENT discussed, concluded recommendations, Order, then the remaining unpaid civil and related activities. These reports are penalty amount shall be due and Federal Prevailing Rate Advisory available to the public, upon written payable by Joseph Paolino and Sons, Committee; Open Committee Meeting request to the Committee’s Secretary. Inc. or a successor entity, immediately and without further notice. According to the provisions of section The public is invited to submit 10 of the Federal Advisory Committee material in writing to the Chairman on V Act (Pub. L. 92–463), notice is hereby Federal Wage System pay matters felt to Any person adversely affected by this given that meetings of the Federal be deserving of the Committee’s Confirmatory Order, other than Joseph Prevailing Rate Advisory Committee attention. Additional information on Paolino and Sons, Inc. or a successor will be held on— these meetings may be obtained by entity, may require a hearing within 20 contacting the Committee’s Secretary, Thursday, July 13, 1995 Office of Personnel Management, days of its issuance. Any request for a Thursday, July 27, 1995 hearing shall be submitted to the Thursday, August 10, 1995 Federal Prevailing Rate Advisory Secretary, U.S. Nuclear Regulatory Thursday, August 24, 1995 Committee, Room 1340, 1900 E Street, Commission, ATTN: Chief, Docketing Thursday, September 7, 1995 NW., Washington, DC 20415 (202) 606– and Service Section, Washington, D.C. Thursday, September 21, 1995 1500. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26745 Dated: May 12, 1995. public comment and will hold a public garages that use very few foreign parts, Anthony F. Ingrassia, hearing on June 8 and 9, 1995, regarding and the system restricts the Chairman, Federal Prevailing Rate Advisory the proposed determination pursuant to development of other garages more Committee. section 304(a)(1)(B) on the appropriate likely to carry and use foreign parts. In [FR Doc. 95–12273 Filed 5–17–95; 8:45 am] action under section 301 being addition, even minor additions of BILLING CODE 6325±01±M considered in response to these acts, accessories to motor vehicles require a policies and practices. full vehicle inspection and tax payment, DATES: Written comments on the which severely limits opportunities for Federal Prevailing Rate Advisory determination are due by noon, U.S. automotive accessories suppliers. Committee; Cancellation of Open Monday, June 19, 1995. Requests to The United States pressed Japan for Committee Meeting testify at the hearing must be submitted broad reform in the aftermarket. The by noon, Thursday, May 25, 1995. U.S. proposals did not ask for reduction According to the provisions of section Written testimony is due by noon, of safety or environmental standards, 10 of the Federal Advisory Committee Friday, June 2, 1995, and written but for measures that would allow for Act (Pub. L. 92–463), notice is hereby rebuttals are due by noon, Wednesday, substantially more repair work to be given that the meeting of the Federal June 21, 1995. performed outside the certified garages, Prevailing Rate Advisory Committee and therefore would open up ADDRESSES: Office of the United States scheduled for Thursday, May 25, 1995, opportunities for foreign suppliers. The Trade Representative, 600 17th Street has been canceled. Government of Japan was unwilling to NW., Washington, DC 20506. Information on other meetings can be make changes to key elements of the obtained by contacting the Committee’s FOR FURTHER INFORMATION CONTACT: system which restricts opportunities for Secretary, Office of Personnel David Burns, Senior Advisor for Japan, U.S. and other foreign parts suppliers. Management, Federal Prevailing Rate (202) 395–5050, or James Southwick, Advisory Committee, Room 1340, 1900 Assistant General Counsel, (202) 395– Proposed Determination on E Street, NW., Washington, DC 20415, 7203. Questions about the public Appropriate Action (202) 606–1500. hearing, written testimony and written If the USTR makes an affirmative comments should be directed to Sybia Dated: May 12, 1995. determination pursuant to section Harrison, Staff Assistant to Section 301 304(a)(1)(A)(ii) of the Trade Act, Anthony F. Ingrassia, Committee, (202) 395–3432. pursuant to section 304(a)(1)(B) the Chairman, Federal Prevailing Rate, Advisory SUPPLEMENTARY INFORMATION: On USTR also must determine what action, Committee. October 1, 1994, the USTR initiated an if any, by the United States is [FR Doc. 95–12274 Filed 5–17–95; 8:45 am] investigation pursuant to section 302(b) appropriate. If the USTR determines BILLING CODE 6325±01±M of the Trade Act to determine whether that action is appropriate, section 301(b) specific barriers to access to the after- of the Trade Act directs the USTR to market for auto parts in Japan are take all appropriate and feasible action OFFICE OF THE UNITED STATES unreasonable or discriminatory and to obtain the elimination of the TRADE REPRESENTATIVE burden or restrict U.S. commerce. By unreasonable or discriminatory act, [Docket No. 301±93] Federal Register notice dated October policy or practice. 13, 1994 (59 FR 52034), the USTR Therefore, the USTR proposes to take Notice of Determination and Request requested public comment on the issues the following action, pursuant to the for Public Comment Concerning raised in the investigation. The authority provided by section Proposed Determination of Action comment period was subsequently 301(c)(1)(B) of the Trade Act: Pursuant to Section 301: Barriers to extended by a Federal Register notice To impose prohibitive (100 percent ad Access to the Auto Parts Replacement dated November 10, 1994 (59 FR 56099). valorem) duties upon luxury-type motor Market in Japan Officials of the Office of the USTR vehicles from Japan. The increased and other United States agencies have tariffs will apply to the following motor AGENCY: Office of the United States conducted extensive consultations with cars and other motor vehicles Trade Representative. Japanese government officials principally designed for the transport of ACTION: Notice of determination under concerning these market access barriers, persons provided for in heading 8703 of section 304(a)(1)(A) of the Trade Act of but negotiations have failed to resolve the Harmonized Tariff Schedule of the 1974, as amended (Trade Act) (19 U.S.C. the issues under investigation. United States (HTS): 2414(a)(1)(A)); notice of proposed Consequently, on May 10, 1995, the (1) Motor vehicles having 4 doors, a determination of action to be taken USTR pursuant to section wheelbase more than 260 cm (102.4 under section 304(a)(1)(B) of the Trade 304(a)(1)(A)(ii) of the Trade Act inches) but not more than 263 cm (103.6 Act and notice of public hearing and determined that certain acts, policies inches), a curb weight more than 1,495 request for public comment pursuant to and practices of Japan that restrict or kg (3,295.9 pounds), a height not more section 304(b) of the Trade Act. deny suppliers of U.S. auto parts access than 138 cm (54.3 inches), and a spark- to the auto parts replacement and ignition internal combustion SUMMARY: The United States Trade accessories market (‘‘after-market’’) in reciprocating piston engine with 6 or Representative (USTR) has determined Japan are unreasonable and more cylinders, having a total cylinder pursuant to section 304(a)(1)(A)(ii) of discriminatory and burden or restrict capacity exceeding 2,900 cc or a rotary the Trade Act that certain Acts, policies U.S. commerce. piston engine (provided for in HTS and practices of Japan that restrict or subheadings 8703.23, 8703.24 or deny suppliers of U.S. auto parts access Reasons for Determination 8703.90); and to the auto parts replacement and The Japanese market for replacement (2) Motor vehicles having a wheelbase accessories market (‘‘after-market’’) in auto parts is restricted by a complex exceeding 266 cm (104.7 inches), a curb Japan are unreasonable and system that is not reasonable or weight more than 1,365 kg (3009.3 discriminatory and burden or restrict justifiable. This system channels most pounds), a height not more than 145 cm U.S. commerce. The USTR is seeking repair work to government-certified (57 inches), and either a spark-ignition 26746 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices internal combustion reciprocating his or her testimony. Remarks at the SECURITIES AND EXCHANGE piston engine having a total cylinder hearing will be limited to 5 minutes. COMMISSION capacity exceeding 2,900 cc or a rotary Written Testimony and Rebuttal piston engine (provided for in HTS Briefs: In addition, persons presenting Requests Under Review by Office of Management and Budget subheadings 8703.23, 8703.24 or oral testimony must submit their 8703.90). complete written testimony by noon, The USTR has asked the Customs Agency Clearance Officer: Michael E. Friday, June 2, 1995. In order to assure Service to withhold liquidation of the Bartell, (202) 942–8800. each party an opportunity to contest the entries of the goods identified above information provided by other parties, Upon written request copy available which are entered, or withdrawn from USTR will entertain rebuttal briefs filed from: Securities and Exchange warehouse for consumption, on or after Commission, Office of Filings and May 20, 1995. If the proposed duty by any party by noon, Wednesday June 21, 1995. In accordance with 15 CFR Information Services, 450 Fifth Street, increases enter into effect, the USTR NW., Washington, D.C. 20549. intends to make these increases effective 2006.8(c), rebuttal briefs should be as of May 20, 1995. strictly limited to demonstrating errors Extension In making this determination, the of fact or analysis not pointed out in the Rule 19d–1; File No. 270–242 USTR will consider public comments briefs or hearing and should be as Form 10–SB; File No. 270–367 submitted in accordance with the concise as possible. Notice is hereby given that pursuant requirements set forth below. Requirements for Submissions: to the Paperwork Reduction Act of 1980 Public Comment on Proposed Written comments on the proposed (44 U.S.C. 3501 et seq.), the Securities Determination; Hearing Participation determination, written testimony, and and Exchange Commission has rebuttal briefs must be filed in In accordance with section 304(b) of submitted for OMB approval extensions accordance with thr requirements set for the following rule and form: the Trade Act, the USTR invites all forth in 15 CFR 2006.8(b). Comments interested persons to provide written must state clearly the position taken and Rule 19d–1 prescribes the form and comments on the proposed describe with particularity the content of notices required to be filed determination. Comments may address: with the Commission by self-regulatory supporting rationale, be in English, and (1) The appropriateness of subjecting organizations for which the Commission be provided in twenty copies to: the motor vehicles described above to is the appropriate regulatory agency Chairman, Section 301 Committee, Attn: an increase in duties; (2) the levels at concerning all final disciplinary Auto Parts Investigation, Room 223, which duties should be set; and (3) the sanctions, denial of membership and USTR, 600 17th St NW., Washington, degree to which an increase in duties participation or association with a DC 20506. might have an adverse effect on U.S. member. It is estimated that 25 consumers. Written comments are due Written comments, testimony, and respondents will incur a total annual by noon, Monday, June 19, 1995. briefs will be placed in a file (Docket burden of 2,500 hours to comply with The USTR also will consider the 301–93) open to public inspection this rule. written, oral, and rebuttal comments pursuant to 15 CFR 2006.13, except Form 10–SB may be used by small submitted in the context of public confidential business information business issuers for registration hearings held pursuant to section 304(b) exempt from public inspection in pursuant to Section 12 (b) or (g) of the of the Trade Act and in accordance with accordance with 15 CFR 2006.15. Securities Exchange Act of 1934. It is 15 CFR 2006.7 through 2006.9. The Persons wishing to submit confidential estimated that 65 respondents will file hearings will commence at 10 a.m. on business information must certify in Form 10–SB annually at a total annual Thursday, June 8, 1995, and continue on writing that such information is burden of 5,980 hours. Friday, June 9, 1995, if necessary. The confidential in accordance with 15 CFR Direct general comments to the hearings will be held in Room 100 at the 2006.15(b), and such information must Clearance Officer for the Securities and U.S. International Trade Commission, be clearly marked ‘‘Business 500 E Street, SW., Washington, DC Exchange Commission at the address Confidential’’ in a contrasting color ink 20436. below. Direct any comments concerning at the top of each page on each of the Request to Testify: Interested persons the accuracy of the estimated average twenty copies and must be accompanied wishing to testify orally at the hearings burden hours for compliance with the by a nonconfidential summary of the must provide a written request to do so Commission rules and forms to Michael by noon, Thursday, May 25, 1995, to confidential information. The E. Bartell, Associate Executive Director, Sybia Harrison, Staff Assistant to the nonconfidential summary will be placed Office of Information Technology, Section 301 Committee, Office of the in the Docket open to public inspection. Securities and Exchange Commission, U.S. Trade Representative, 600 17th An appointment to review the docket 450 Fifth Street, NW., Washington, DC Street NW., Washington, DC 20506. may be made by calling Brenda Webb 20549 and the Clearance Officer for the Requests to testify must include the (202) 395–6186. The USTR Reading Securities and Exchange Commission, following information: (1) Name, room is open to the public from 10 a.m. Office of Management and Budget, address, telephone number, and firm or to 12 noon and 1 p.m. to 4 p.m., Project Number 3235–0206 (Rule 19d–1) affiliation of the person wishing to Monday through Friday, and is located and 3235–0419 (Form 10–SB), Room testify; and (2) a brief summary of the in: Room 101, Office of the United 3208, New Executive Office Building, comments to be presented. Requests to States Trade Representative, 600 17th Washington, DC 20503. testify must conform to the Street NW., Washington, DC 20506. Dated: May 9, 1995. requirements of 15 CFR 2006.8(a). After Irving A. Williamson, Margaret H. McFarland, the Chairman of the Section 301 Chairman, Section 301 Committee. Committee considers the request to Deputy Secretary. [FR Doc. 95–12344 Filed 5–16–95; 8:45 am] present oral testimony, Ms. Harrison [FR Doc. 95–12257 Filed 5–17–95; 8:45 am] BILLING CODE 3190±01±M will notify the applicant of the time of BILLING CODE 8010±01±M Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26747 [Release No. 34±35700; File No. SR±MSRB± A. Self-Regulatory Organization’s various categories of municipal 95±4] Statement of the Purpose of, and securities transactions have been Statutory Basis for, the Proposed Rule codified.3 This reorganization should Self-Regulatory Organizations; Notice Change assist operations personnel in of Filing of Proposed Rule Change by (a) Rule G–15(a) states various programming automated systems for the Municipal Securities Rulemaking requirements for the format and content generating municipal securities Board Relating to Customer of confirmations to customers. As part confirmations since it will no longer be Confirmations of the Board’s ongoing customer necessary to review all previous interpretive notices on confirmations to May 10, 1995. protection review, the Board has reviewed rule G–15(a), and the written find those that may address the Pursuant to Section 19(b)(1) of the disclosures provided to municipal statement of interest rate for a particular Securities Exchange Act of 1934 securities customers. The proposed rule type of municipal security. (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is change represents one of several Board Revisions in Customer Confirmation hereby given that on March 30, 1995, efforts to ensure that important Requirements the Municipal Securities Rulemaking information is disclosed to customers. Board (‘‘Board’’ or ‘‘MSRB’’) filed with In response to market developments The proposed rule change will revise the Securities and Exchange and regulatory concerns, rule G–15(a) some requirements that the Board feels Commission (‘‘Commission’’ or ‘‘SEC’’) has been subject to numerous will strengthen the disclosure and the proposed rule change (File No. SR– amendments and Board interpretive customer protection objectives of the MSRB–95–4) as described in Items I, II notices since it was adopted in 1977. rule while updating the requirements of and III below, which Items have been The proposed rule change will revise the customer confirmation. Disclosure if a security is unrated. In prepared by the self-regulatory certain requirements in areas where the November 1994, the SEC approved organization.1 The Commission is Board believes that more disclosure is necessary. The proposed rule change amendments to its Rule 10b–10 of the publishing this notice to solicit Securities Exchange Act, the comments on the proposed rule change will clarify the current customer confirmation requirements by confirmation rule applicable to from interested persons. transactions in securities other than reorganizing the rule and incorporating 4 I. Self-Regulatory Organization’s previous Board interpretations into the municipal securities. At the same time, Statement of the Terms of Substance of language of the rule to promote better the SEC deferred consideration of the Proposed Rule Change compliance. Other modifications to the proposed Rule 15c2–13 that would have rule’s requirements also are proposed to established certain confirmation The Board is filing an amendment to simplify and clarify the requirements requirements applicable to transactions rule G–15(a), on customer confirmations and to promote better compliance. The in municipal securities. The SEC’s (hereinafter referred to as ‘‘the proposed proposed rule change also will respond amendments to Rule 10b–10 require, rule change’’). The proposed rule to recent revisions by the SEC to its Rule among other things, that dealers change: (1) Will clarify the current 10b–10, the confirmation rule disclose if a debt security, other than a customer confirmation requirements by applicable to transactions in securities governmental security, has not been reorganizing the rule and incorporating other than municipal securities, and to rated by a nationally recognized previous Board interpretations into the its proposed Rule 15c2–13, to require statistical rating organization. The SEC language of the rule; (2) will revise certain disclosures to be made on also had proposed a similar requirement certain requirements in areas where the confirmations for transactions in for municipal SEC confirmations in its Board believes that more disclosure is municipal securities.2 proposed Rule 15c2–13. The SEC noted necessary; and (3) will include certain that this disclosure is not intended to other modifications to the current Reorganization of Current Rule suggest that an unrated security is confirmation disclosure requirements. Including Codification of Interpretations inherently riskier than a rated security; The proposed rule change will clarify instead, this disclosure is intended to II. Self-Regulatory Organization’s rule G–15(a) by reorganizing the rule alert customers that they may wish to Statement of the Purpose of, and and incorporating Board interpretations obtain further information or Statutory Basis for, the Proposed Rule into the rule. Most requirements are clarification from their dealer. Change subdivided by subject matter into three Previously, the Board indicated in its comment letter to the SEC that, if the In its filing with the Commission, the broad categories that comprise the content of municipal securities SEC determined that such information Board included statements concerning were needed by investors in debt the purpose of and basis for the confirmations—terms of the transaction, securities identification, and securities securities, the Board would amend rule proposed rule change and discussed any G–15 to include this requirement. The comments it received on the proposed description (listing the various features of the security). Under each category, proposed rule change will include this rule change. The text of these statements provision in rule G–15(a)(i)(C)(3)(f). may be examined at the places specified Board rules and interpretations are organized by specific confirmation Call provisions. Currently, for many in Item IV below. The Board has bonds, only a designation of ‘‘callable’’ prepared summaries, set forth in requirement. For example, under the securities identification section of the is required by rule G–15(a)(i)(E), along Sections A, B, and C below, of the most with the following legend provided by significant aspects of such statements. proposed rule change, all existing rules and Board interpretive notices specifying how the interest rate should 3 Categories include zero coupon securities, 1 Subsequently, the Board submitted a letter to variable rate securities, securities with adjustable extend the delay for effectiveness of the rule to 120 be expressed on the confirmation for tender fees, stepped coupon securities, and stripped days following Commission approval. See letter coupon securities. from Marianne I. Dunaitis, Assistant General 2 Securities Exchange Act Release No. 34962 4 Securities Exchange Act Release No. 34962 Counsel, MSRB, to Karl Varner, Staff Attorney, (Nov. 10, 1994), 59 FR 59612, corrected, Securities (Nov. 10, 1994), 59 FR 59612, corrected, Securities Division of Market Regulation, SEC, dated April 3, Exchange Act Release No. 34962A (Nov. 25, 1994), Exchange Act Release No. 34962A (Nov. 25, 1994), 1995. 59 FR 60555. 59 FR 60555. 26748 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices rule G–15(a)(iii)(F) which can be under rule G–15(a)(i)(E) to disclose the source other than the customer), it is indicated ‘‘in a footnote or otherwise:’’ source of revenue on the confirmation sufficient to indicate that other ‘‘Call features may exist which could only ‘‘if necessary for a materially remuneration was received and that affect yield; complete information will complete description of the securities.’’ details will be furnished to the customer be provided upon request.’’ Specifically, The proposed rule change in rule G– upon written request. The Board has rule G–15(a)(i)(I) currently provides that 15(a)(i)(C)(1)(a) will require dealers to received inquiries whether the disclosure of the date and price of the put the primary revenue source for such ‘‘discount’’ received by a dealer in an first in-whole call is required to be bonds on the confirmation (e.g., project inter-dealer transaction undertaken as noted on the confirmation only if the name) and deletes the language ‘‘if agent for a customer should be security is priced to that call date. In necessary for a materially complete considered as ‘‘other remuneration.’’ addition, current rule G–15(a)(i)(I) description of the securities.’’ The Board The proposed rule change in rule G– requires that the price or yield believes that requiring disclosure of the 15(a)(i)(A)(1)(e) will clarify this by calculated for a confirmation must be primary revenue source of revenue stating that in an agency transaction for computed ‘‘to the first in-whole call’’ if bonds on the confirmation will help a customer, if a dealer acquires a bond this produces a lower price or yield than ensure that customers receive important from another dealer at a discount (e.g., a calculation of price or yield to information about such bonds. ‘‘net’’ price less concession) and the maturity. The Board’s interpretation of Additional obligors. Currently, with customer pays the ‘‘net’’ price, the inter- December 10, 1980, MSRB Manual at regard to additional obligors dealer discount or concession received ¶ 3571 describes the type of call features confirmation disclosure of such by the dealer cannot be considered that are considered for purposes of these information currently is required under ‘‘other remuneration,’’ but rather should calculations (‘‘pricing calls’’). rule G–15(a)(i)(E) only ‘‘if necessary for be considered remuneration received The proposed rule change, in rule G– a materially complete description of the from the customer. Thus, the proposed 15(a)(i)(C)(2)(a), will revise the existing securities.’’ In such instances, the rule change will clarify that the amount confirmation requirements regarding confirmation must disclose the name of of the ‘‘discount’’ or concession must be call features. It requires that the date any company or other person in disclosed on the confirmation in these and price of the next pricing call always addition to the issuer obligated, directly agency transactions pursuant to be disclosed.5 It also requires the or indirectly, with respect to debt proposed rule G–15(a)(i)(A)(1)(e). following notation on the confirmation service or, if there is more than one such ‘‘Ex legal’’ delivery designation. if any call features exist in addition to obligor, the statement ‘‘multiple Currently, rule G–15(a)(iii)(I)(1) requires the next pricing call—‘‘Additional call obligors’’ may be shown. The proposed that the confirmation must note whether features exist that may affect yield; rule change in rule G–15(a)(i)(C)(1)(b) a transaction is ‘‘ex-legal.’’ This term complete information will be provided will delete the language ‘‘if necessary refers to the absence of a written copy upon request.’’ The proposed rule for a materially complete description of of the legal opinion to be included with change in rule G–15(a)(i)(E) will require the securities;’’ thus the amendment the physical delivery of a bond this notation to be on the front of the requires dealers always to identity the certificate. This provision was adopted confirmation. This substitutes for the additional obligor on the confirmation when nearly all deliveries of municipal current legend requirement, which or indicate ‘‘multiple obligors’’ if there securities were accomplished with typically has resulted in call legends is more than one additional obligor. The physical deliveries of certificates which being pre-printed on the back of the Board believes this will simplify and included a copy of the legal opinion. confirmation. clarify the intent of the rule. The With the movement away from physical The Board believes that disclosure of proposed rule change also will clarify deliveries and the high percentage of call features is particularly important to that, if a letter of credit is used, the book-entry-only securities in the market, customers and that the pre-printed identity of the bank issuing the letter of the Board believes that this requirement legend on the back of the confirmation credit must be noted. is no longer necessary and the proposed was not always effective in alerting Limited tax. Currently, rule G– rule change will delete the ‘‘ex-legal’’ customers to the existence of call 15(a)(i)(E) provides that the description delivery designation. features. The proposed rule change will of the bonds should specify if they are Zero coupon bonds. Currently, rule put customers clearly on notice as to the ‘‘limited tax.’’ Traditionally, a limited G–15(a)(v) provides a number of specific presence of call features on the front of tax bond is a general obligation bond confirmation requirements for zero the confirmation, including a specific secured by the pledge of a specified tax coupon bonds, including disclosure that date and price for the next pricing call (usually the property tax) or category of the interest rate is 0% and, if the (one of the most important elements of taxes which is limited as to rate or securities are callable and available in call information) and the existence of amount. However, the meaning of this bearer form, a statement to that effect any other call features in addition to ‘‘limited tax’’ designation has become which can be satisfied by the following this call. ambiguous as various states have legend: ‘‘No periodic payments— Revenue bonds and additional implemented a variety of tax limitation callable below maturity value without obligors. Currently, with regard to measures and the Board is unaware of prior notice by mail to holder unless revenue bonds, dealers are required any clear standards that may be used to registered.’’ The proposed rule change separate limited and unlimited tax will retain these requirements. 5 The proposed rule change in rule G–15(a)(vi)(F) municipal securities. The proposed rule In addition, the proposed change to defines ‘‘pricing call’’ as a call feature that change accordingly will delete the rule G–15(a)(i)(A)(6)(h) will require that represents ‘‘an in-whole call’’ of the type that may ‘‘limited tax’’ designation requirement. the amount of any premium paid over be used by the issuer without restriction in a refunding. Consistent with the current rule, pricing Dealers acting as agent and receiving accreted value for callable zero coupon calls do not include catastrophe calls, that is, calls ‘‘other remuneration’’. Currently, rule bonds be included on confirmations. which occur as a result of events specified in the G–15(a)(ii) provides that, in agency The accreted value for a zero coupon bond indenture which are beyond the control of the transactions, remuneration paid by the bond reflects the increase in the issuer or calls that may operate to call part of an outstanding issue. See Interpretation of Nov. 7, customer always must be disclosed, but security’s value as it approaches the 1977, published in MSRB Manual (CCH) at if a dealer receives ‘‘other’’ maturity date. For zero coupon bonds ¶ 3571.10. remuneration (i.e., remuneration from a that are callable, the call price is Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26749 generally at the accreted value. The bonds, bonds that prepay principal and bonds; (2) the requirement that permits Board believes it is important for variable rate securities that are not sold a dealer in agency transactions, rather customers to know that such securities on basis of yield to put. The proposed than naming the person from whom the may be affected by an early call and that change to rule G–15(a)(i)(A)(5)(d) will securities were purchased or to whom a premium over the accreted value is include specific exemptions for these the securities were sold, to include a being paid in the purchase price. In types of transactions. statement that this information will be general, a customer purchasing a Disclosure regarding CMOs. The furnished upon the written request of typical, interest-paying municipal SEC’s amendment to its Rule 10b–10 the customer; and (3) the requirement security understands that a price above provides that the dealer must include a that permits a dealer, rather than ‘‘100’’ indicates a premium price and statement on the confirmation indicating the time of execution, to that, if the security contains any call indicating that the actual yield of non- include a statement that the time of features, such features should be municipal collateralized mortgage execution will be furnished upon the considered carefully. The importance of obligations (‘‘CMOs’’) may vary written request of the customer. In reviewing call features, however, is not according to the rate at which the addition, consistent with the SEC’s as apparent with callable zero coupon underlying receivables or other financial amendment to Rule 10b–10, the securities, where a customer may not be assets are prepaid, and a statement of amendment will not require the aware of the relationship between a the fact that information concerning the disclosure statement for transactions in potential call price and the accreted factors that affect yield (including, at a municipal collateralized mortgage value of the security being purchased. minimum, estimated yield, weighted obligations required in proposed rule Accordingly, the proposed rule change average life, and the prepayment change G–15(a)(i)(D)(2) to be on the will require dealers to disclose on the assumptions underlying yield) will be front of the confirmation. confirmation any premium paid over furnished upon the written request of a (b) The Board believes the proposed the accreted value for callable zero customer. The proposed change to rule rule change is consistent with Section coupon bonds. G–15(a)(i)(D)(2) will include a similar 15B(b)(2)(C) of the Act, which provides Original issue discount securities. provision regarding municipal CMOs. that the Board’s rules shall. Currently, a dealer must disclose on the Modifications and Clarifications to Be designed to prevent fraudulent and confirmation whether securities are sold Confirmation Format manipulative acts and practices, to promote as ‘‘original issue discount’’ securities just and equitable principles of trade, to pursuant to rule G–15(a)(iii)(H). The Multi-transaction data should not be foster cooperation and coordination with proposed change to rule G– aggregated on one confirmation. persons engaged in regulating, clearing, 15(a)(i)(C)(4)(c) also will require the Currently, rule G–15(a) provides that, at settling, processing information with respect dealer to disclose the initial public or before the completion of a transaction to, and facilitating transactions in municipal in municipal securities, dealers must securities, to remove impediments to and offering price for the original issue perfect the mechanism of a free and open discount security. The Board believes provide the customer with a written market in municipal securities, and, in that this information is particularly confirmation of the transaction. The general, to protect investors and the public important to customers since it may be current rule does not specifically interest. needed for tax reasons also may be indicate that customers should receive a The Board believes that the proposed important if the security is subject to separate confirmation for each rule change will protect investors and any early call. transaction. The Board previously has the public interest because it clarifies First interest payment date (including stated that, if a customer purchased the current customer confirmation if not semi-annual). Currently, rule G– from a dealer several different securities requirements by reorganizing the rule 15(a)(III)(A) states that the confirmation of one issuer, it would be inappropriate and incorporating previous Board shall provide, if it affects the price or for the dealer to aggregate on the interpretations into the language of the interest calculation, the first interest confirmation the accrued interest for all rule and it revises certain requirements payment date if other than semi-annual. the bonds acquired or to aggregate yield in areas where the Board believes more This provision is ambiguous as to data and disclose the ‘‘yield to the disclosure is necessary. whether the first interest payment date average life’’ rather than providing yield must be included on the confirmation in to maturity information for each bond B. Self-Regulatory Organization’s all instances in which there is no acquired.7 The proposed change to G– Statement on Burden on Competition regular semi-annual interest payment, or 15(a)(ii) will clarify that a separate The Board does not believe that the only if the first payment date is confirmation should be provided for proposed rule change, which will have necessary for purposes of calculation of each municipal securities transaction an equal impact on dealers, will have final monies. The proposed change to whenever several transactions are done any impact on competition. rule G–15(a)(i)(A)(6)(g) will clarify that at one time. the first interest payment date is Clarification of confirmation format. C. Self-Regulatory Organization’s required on the confirmation only in The proposed rule change will require Statement on Comments on the those cases in which it is necessary for that all disclosure, with certain Proposed Rule Change Received from the calculation of final money. If would, exceptions, be clearly and specifically Members, Participants, or Others for example, not be required for indicated on the front of the June 1994 Request for Comments transactions in the issue occurring after confirmation. To address concerns In June 1994, as part of the Board’s ongoing the first interest payment date.6 about the ‘‘crowding’’ of information on Yield information. Currently, there is customer protection review, the Board the front side of the confirmation, the requested comments on the proposed rule not a specific exemption for statement proposed rule change will allow certain change, which was designed to clarify the of yield on transactions in defaulted requirements to be met by statements on current customer confirmation requirements the back of the confirmation, namely: (1) by reorganizing the rule and incorporating 6 Of course, the proposed change to rule G– The required legend for zero coupon previous Board interpretations into the 15(a)(i)(C)(2)(e), consistent with current rule G– language of the rule, and which also revised 15(a)(iii)(I), provides if securities pay interest on certain requirements where the Board other than semi-annual basis, a statement of the 7 MSRB Interpretation of July 27, 1981, MSRB basis on which interest is paid. Manual (CCH) ¶¶ 3571.35 and 3571.41. 26750 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices believed more disclosure was necessary.8 call, because after the first pricing call will be provided upon request’’ to the The draft amendments published for has passed, the ‘‘next’’ pricing call notation to ensure that customers comment were substantially similar to the should be noted on the confirmation. recognize that they can request 9 proposed rule change. The proposed rule change will additional information regarding call The Board received 12 comment incorporate this suggestion. features. letters from the following: Some commentators supported the Revenue bonds. Five commentators Automatic Data Processing (‘‘ADP I’’) replacement of the current legend ‘‘Call opposed the provision of the draft Beta Systems (‘‘BETA’’) features may exist which could affect amendment to require that the revenue JB Hanauer & Co. (‘‘Hanauer’’) yield; complete information will be source for revenue bonds always be Edward D. Jones & Co. (‘‘Jones’’) provided upon request,’’ that generally disclosed. In general, these Kenny S&P Information Services is contained on the back of the commentators noted difficulties (‘‘Kenny’’) confirmation, with the notation on the describing the revenue source for Liberty Bank and Trust Co. (‘‘Liberty’’) front of the confirmation that ‘‘special certain bonds, particularly those with Pershing call features exist,’’ because they complex sources of revenue or those Public Securities Association (‘‘PSA’’) believed that an affirmative statement as that have a lengthy list of revenue Rauscher Pierce Refsnes, Inc. to the presence of other call features sources or too complex a funding (‘‘Rauscher’’) would be beneficial to investors. In this scheme to allow for full disclosure on a Regional Municipal Operations regard, one commentator suggested the confirmation. Because of confirmation Association (‘‘RMOA’’) draft legend could be clarified by noting space concerns, one commentator Securities Industry Software Corp./ ‘‘other call features exist’’ instead of suggested that only the most significant Division of ADP (‘‘ADP II’’) ‘‘special call features exist.’’ sources of revenue be disclosed on the Sweeney Cartwright & Co. (‘‘Sweeney’’) Other commentators, however, confirmation. With regard to the expressed concern because they availability of information regarding In general, the codification and believed that dealers, if their knowledge revenue sources, two commentators, reorganization of the rule received of a bond is incomplete, should be able however, noted that the project or favorable comment, but some to use the current legend. Another company name which identifies the commentators raised concerns with commentator supported deletion of the revenue source currently is available. certain provisions. current legend, but opposed placing an In response to commentators’ Comments Received affirmative notation regarding the concerns about the practical difficulties presence of call features on the front of in listing numerous revenue sources, the Call provisions. The draft amendment the confirmation because of the proposed rule change will require proposed to alter call disclosure on the practical difficulties in obtaining call dealers to put only the primary revenue confirmation in several ways. It would information. However, with regard to source for revenue bonds on the have required that the date and price of the availability of information regarding confirmation (e.g., project name). The the first refunding call always be the presence of these call features, a Board believes that this information is disclosed. It would have deleted the number of commentators indicated that available and would be helpful to legend that generally is pre-printed on sufficient data regarding call features is customers. the back of the confirmation. Instead, if available to support the disclosures Limited tax. Several commentators there were any call features in addition being proposed. commented on the proposal to delete to the first refunding call, it would have The Board continues to believe that the ‘‘limited tax’’ designation. One required that disclosure be made on the disclosure of call features is important supported the deletion of the limited tax front of the confirmation that ‘‘special to customers and that it is appropriate designation because it believed that call features exist.’’ to improve existing disclosure by investors should refer to the official Several commentators commented on requiring an affirmative notation on the statement as a source of such the Board’s proposal to improve the front of the confirmation if there are any information. However, other disclosure of call features on the calls in addition to the first in-whole commentators questioned whether customer confirmation. With regard to pricing call. Dealers should have deletion of this provision would further the proposed disclosure of the first in- information regarding the presence of the Board’s objective of improving whole call, two commentators believed call features before they sell municipal disclosure to customers. Two such that such disclosure would be beneficial securities to their customers and such commentators recognized that the to investors. Another commentator, information appears to be readily meaning of ‘‘limited tax’’ is ambiguous however, suggested that the Board may available for most municipal securities. in today’s markets, but nevertheless wish to modify the draft language to Thus, the proposed rule change will suggested the ‘‘limited tax’’ should be require the date and price of the ‘‘next’’ delete the current legend that permits retained because they believed the pricing call, instead of the ‘‘first pricing dealers to indicate generally in a pre- ‘‘limited tax’’ designation is useful printed format that other call features information. 8 The Board also requested comment on broader may exist. The proposed rule change will delete issues associated with disclosure to customers and After reviewing the wide variety of the ‘‘limited tax’’ designation because the role of the customer confirmation in providing such disclosure. The Board is not, however, comments on this aspect of the draft the Board believes that its meaning has proposing rulemaking in these areas at the present amendment, the Board changed the become so ambiguous and so subject to time. notation ‘‘Special call features exist’’ to differing views as to its applicability 9 After reviewing comments received, the Board ‘‘Additional call features exist that may that is of doubtful use to investors. The decided not to include in the proposed rule change certain provisions that were included in the draft affect yield’’ to better reflect the Board notes, however, that deletion of rule. For example, the Board decided to retain potential types of calls that might exist. this provision does not affect a dealer’s disclosure on the confirmation if municipal The Board believes that this statement obligation to disclose all material facts securities are available only in book-entry form. The will best reflect the potential types of to the customer at the time of the Board also determined not to require that the dated date always be included on the confirmation or that calls that might exist. Additionally, the transaction. If a general obligation bond the confirmation indicate if a municipal security Board added the second half of the has a limitation on taxes that is material was issued without a legal opinion. existing legend ‘‘complete information to the investment decision, dealers must Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26751 ensure that their customers are aware of proposed disclosure requirements for discussed above, the proposed rule the relevant facts, at or before the time zero coupon bonds. One commentator change will require that the initial of the transaction. supported the proposed rule change to public offering price be disclosed for Dealers acting as agent and receiving require disclosure of any premium over OID issues. ‘‘other remuneration’’. Four accreted value even though it would Additional obligors. Five commentators commented on the require additional programming for commentators commented on the proposal to clarify when it would be dealers. Several other commentators, provision to require that dealers always sufficient for a dealer to indicate that it however, opposed the disclosure of any be required to disclose information received ‘‘other remuneration’’ in a premium over accreted value for regarding additional obligors. In general, transaction and that details will be transactions in zero coupon bonds. Two these commentators opposed requiring furnished to the customer upon written commentators believed it would be dealers to provide complete information request. In general, commentators difficult to obtain this information and regarding obligors. One commentator supported the proposal, but some another commentator noted that some believed that the existence of obligors commentators suggested that the Board reprogramming would be required to should be disclosed on the provide clarification regarding this include this information on the confirmation, but customers should rely provision. confirmation. One commentator on credit ratings to judge the risk factors The proposed rule change will clarify suggested that the Board may wish to represented by such obligors because when it is appropriate to disclose ‘‘other consider requiring that the rate of they believe it could be difficult to remuneration’’ on the confirmation by accretion for a zero coupon bond be obtain such information. This providing that in an agency transaction disclosed on the confirmation because commentator also suggested that banks if a dealer acquires a bond from another this would be more important to or other providers of letters of credit dealer at discount and the customer investors than being informed of any should be disclosed on the pays the ‘‘net’’ price, the inter-dealer premium they paid over accreted value. confirmation. Another commentator discount cannot be considered ‘‘other The Board originally proposed that suggested the official statement should remuneration’’ but rather should be the premium over accreted value be be used as a source if an investor has considered remuneration received from disclosed for all zero coupon bonds, but questions regarding obligors. the customer and disclosed pursuant to the amendment only requires that this The Board believes that it is always proposed rule G–15(a)(i)(A)(6)(f). The premium be disclosed for zero coupon important for customers to understand if Board believes that the clarification bonds that are callable. As discussed there are any obligors in addition to the included in the proposed rule change above, the accreted value of zero coupon issuer and the Board believes this should ensure that dealers only disclose bonds reflects the increase in the information should always be placed on ‘‘other remuneration’’ in those security’s value as it approaches the the confirmation rather than making situations where such a designation is redemption date, and if the bond is customers review official statements. appropriate. called prior to maturity it generally The Board, however, recognizes that it ‘‘Ex legal’’ delivery designation. Two would be called at a price reflecting that could be difficult in certain instances commentators supported the proposed value. The Board believes that requiring for dealers to include on the deletion of the current requirement that dealers to disclose any premium over confirmation complete information the confirmation indicate if a bond the accreted value for callable zero regarding obligors, if there are numerous certificate is physically delivered coupon bonds is necessary so that obligors. The proposed rule change without a legal opinion attached. customers are provided with sufficient accordingly will permit dealers in such Another commentator recognized that, information to assess the transaction. instances to note ‘‘multiple obligors’’ on with the movement away from the The Board believes that although the confirmation. delivery of certificates, this provision is informing customers of the rate of Multi-transaction data should not be seldom noted on a confirmation. accretion could be helpful if aggregated on one confirmation. In Nevertheless, this commentator believed supplemented with appropriate time of general, commentators supported this this provision should be retained. trade disclosure regarding the current clarification as the believed it will be The Board believes that, with the accreted value of the bonds, the most beneficial for customers to have a general movement away from the appropriate mechanism to ensure that separate confirmation for each physical delivery of certificates, it is no customers understand these possible transaction if they acquire several longer appropriate for the confirmation risks associated with callable zero municipal securities. One commentator, rule to focus on the physical delivery of coupon bonds is to require the bond’s however, suggested that, if a customer a legal opinion. Since the concept of ‘‘ex accreted value on the confirmation. executes multiple transactions, the legal’’ has no applicability except in Another commentator suggested that dealer should be able to send a single cases involving physical delivery of the Board consider a different approach document that would provide all certificates, the Board believe that, as because it believed that a discount or required information, except that certain part of the update of the customer premium to the accreted value of a bond information such as purchase/sale and confirmation rule, this provision should is equally important for any callable settlement data would not have to be be deleted. Of course, even with the original issue discount bond (‘‘OID’’). listed for each transaction. The Board deletion of this requirement, given facts This commentator suggested the does not believe that it is too and circumstances of a specific following statement on confirmations burdensome for dealers to ensure that transaction, if it was material that a relating to transactions in original issue the confirmation data for each municipal security was delivered discount bonds which are callable in transaction is complete. Accordingly, without a legal opinion, this fact would part at an accreted value: ‘‘If a premium the proposed rule change will require a have to be disclosed to the customer at was paid, a lower yield may result from separate confirmation for each or before the execution of the early call.’’ Although the Board does not transaction. transaction as part of a dealer’s duties believe this legend is appropriate for New sections to clarify confirmation under rule G–17. OID municipal securities, the Board format. The draft amendment as Zero coupon bonds. Numerous does believe that additional information published proposed that all commentators commented on the is necessary for such securities, and, as confirmation requirements, except the 26752 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices zero coupon legend, be clearly and Persons making written submissions communication and execution facility specifically noted on the front of the should file six copies thereof with the (the ‘‘System’’). Because there would be confirmation. Several commentators Secretary, Securities and Exchange no physical trading floor, members of supported this format because they Commission, 450 Fifth Street, NW., the Exchange (‘‘Members’’) would enter believed that disclosing more provisions Washington, DC 20549. Copies of the orders through System terminals, i.e., on the front of the confirmation rather submission, all subsequent computer interfaces that have than pre-printed on the back, would be amendments, all written statements communications capability with the beneficial to customers. with respect to the proposed rule System and are directly linked to the One commentator, however, change that are filed with the System. The proposed System would suggested that dealers be permitted to Commission, and all written combine the display of limit orders and continue to put two notations on the communications relating to the current quotation/last sale information back of the confirmation. First, for proposed rule change between the with a matching and execution facility agency transactions, rule G–15(a)(ii)(A) Commission and any person, other than for like-priced orders. Additionally, the currently provides that the dealer shall those that may be withheld from the System would enable Dealers (i.e., indicate on the confirmation either the public in accordance with the members who meet certain financial name of the person from whom the provisions of 5 U.S.C. 552, will be and market-making obligations) to securities were purchased or to whom available for inspection and copying at perform brokerage and market-making the securities were sold for the customer the Commission’s Public Reference functions on the Exchange, while or a statement that this information will Room. Copies of such filing will also be allowing the Dealers to retain and be furnished upon written request of the available for inspection and copying at execute their internal order flow by customer. Second, rule G–15(a)(i)(G) the principal office of the MSRB. All preferencing the public agency orders currently provides that a dealer shall submissions should refer to File No. for which they act as agent. indicate on the confirmation the time of SR–MSRB–95–4 and should be The USSE would have Type A execution or a statement that the time of submitted by June 8, 1995. execution will be furnished upon Members that are broker-dealers in For the Commission, by the Division of securities, and one Type B Members written request of the customer. The Market Regulation, pursuant to delegated amendment incorporates these that would be the Chicago Stock authority, 17 CFR 200.30–3(a)(12). Exchange, Inc. The Board of Directors suggestions because, in view of Margaret H. McFarland, concerns regarding confirmation would be composed of eight directors Deputy Secretary. crowding, the Board does not believe elected by the Type A Members (the these statements are so crucial to a [FR Doc. 95–12185 Filed 5–17–95; 8:45 am] ‘‘Class A Directors’’) and two directors typical customer that it is necessary to BILLING CODE 8010±01±M elected by the Type B Members (the include these statements on the front of ‘‘Class B Directors’’). Four of the eight the confirmation. In addition, consistent [Release No. 34±35709; File No. 10±101] directors elected by the Type A with the SEC’s amendment to Rule 10b– Members would be public directors 10, the amendment will not require that Self-Regulatory Organizations; Notice (‘‘Class A Public Directors’’), and four the statement regarding factors affecting of Filing of Application for Registration would be representatives of Type A the yield for municipal CMOs be placed as a National Securities Exchange by member firms. on the front of the confirmation. the United States Stock Exchange, You are invited to submit written Inc., and Amendment No. 1 Thereto III. Date of Effectiveness of the data, views and arguments concerning the application by June 19, 1995. Such Proposed Rule Change and Timing for May 11, 1995. Commission Action written data, views and arguments will Pursuant to Section 19(a) of the be considered by the Commission in Within 35 days of the publication of Securities Exchange Act of 1934 granting registration or instituting this notice in the Federal Register or (‘‘Act’’), 15 U.S.C. 78s(a), notice is proceedings to determine whether within such other period (i) as the hereby given that on March 28, 1995, registration should be denied. Persons Commission may designate up to 90 the United States Stock Exchange, Inc. making written submissions should file days of such date if it finds such longer (‘‘USSE’’ or ‘‘Exchange’’) filed with the six copies thereof with the Secretary, period to be appropriate and publishes Securities and Exchange Commission Securities and Exchange Commission, its reasons for so finding or (ii) as to (‘‘Commission’’) an application for 450 Fifth Street NW., Washington, DC which the self-regulatory organization registration as a national securities 20549. Reference should be made to File consents, the Commission will: exchange. On April 25, 1995, the USSE No. 10–101. (A) By order approve the proposed filed Amendment No. 1 to the rule change, or Application for Registration.1 The The USSE’s submission explains the (B) Institute proceedings to determine Commission is publishing this notice to operation of the proposed Exchange and whether the proposed rule change solicit comments on the application its membership structure in more detail. should be disapproved. from interested persons. Copies of the submission, all subsequent The Board requests that the The USSE initially intends to trade amendments, all written statements Commission delay effectiveness of the the most active issues that meet the with respect to the application that are proposed rule change until 120 days proposed Exchange’s listing filed with the Commission, and all after approval by the Commission is requirements and are now eligible for written communications relating to the published in the Federal Register to trading on national securities application between the Commission ensure that firms’ confirmation practices exchanges, as well as those companies and any person, other than those that are in compliance. that choose to list on the Exchange. The may be withheld from the public in accordance with the provisions of 5 IV. Solicitation of Comments proposed Exchange would operate through an electronic securities U.S.C. 552, will be available for Interested persons are invited to inspection at the Commission’s Public submit written data, views and 1 See letter from David Rusoff, Foley & Lardner, Reference Section, 450 Fifth Street NW., arguments concerning the foregoing. to Sharon Lawson, SEC, dated April 19, 1995. Washington, DC 20549. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26753 By the Commission. foregoing, a member may provide non- The NASD believes that the proposed Margaret H. McFarland, cash sales incentive items to its rule change is consistent with the Deputy Secretary. associated persons provided that no provisions of Section 15A(b)(6) of the [FR Doc. 95–12186 Filed 5–17–95; 8:45 am] issuer, or an affiliate thereof, including Act,1 which require that the rules of the BILLING CODE 8010±01±M specifically an affiliate of the member, association be designed to prevent directly or indirectly participates in or fraudulent and manipulative acts and contributes to providing such non-cash promote just and equitable principles of [Release No. 34±35712; File No. SR±NASD± sales incentive; or trade in that the proposed rule change 95±18] (xii) (Unchanged) allows for an increase in the dollar limit Self-Regulatory Organizations; Notice II. Self-Regulatory Organization’s to a level that is still reasonably de of Filing of Proposed Rule Change by Statement of the Purpose of, and minimis and provides for regulatory National Association of Securities Statutory Basis for, the Proposed Rule consistency with other rules of the Dealers, Inc., Relating to Corporate Change NASD and the NYSE. Financing Underwriting Terms and In its filing with the Commission, the (B) Self-Regulatory Organization’s Arrangements NASD included statements concerning Statement on Burden on Competition the purpose of and basis for the May 12, 1995. The NASD does not believe that the proposed rule change and discussed any Pursuant to Section 19(b)(1) of the proposed rule change will result in any comments it received on the proposed burden on competition that is not Securities Exchange Act of 1934 rule change. The text of these statements (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is necessary or appropriate in furtherance may be examined at the places specified of the purposes of the Act, as amended. hereby given that on May 3, 1995, the in Item IV below. The NASD has National Association of Securities prepared summaries, set forth in (C) Self-Regulatory Organization’s Dealers, Inc. (‘‘NASD’’ or ‘‘Association’’) Sections (A), (B), and (C) below, of the Statement on Comments on the filed with the Securities and Exchange most significant aspects of such Proposed Rule Change Received From Commission (‘‘SEC’’ or ‘‘Commission’’) statements. Members, Participants, or Others the proposed rule change as described in Items, I, II, and III below, which Items (A) Self-Regulatory Organization’s Written comments were neither have been prepared by the NASD. The Statement of the Purpose of, and solicited nor received. Commission is publishing this notice to Statutory Basis for, the Proposed Rule III. Date of Effectiveness of the solicit comments on the proposed rule Change Proposed Rule Change and Timing for change from interested persons. Subsection 44(c)(6)(B)(xi) of the Commission Action I. Self-Regulatory Organization’s Corporate Financing Rule (the ‘‘Rule’’) Within 35 days of the date of Statement of the Terms of Substance of currently prohibits NASD members publication of this notice in the Federal the Proposed Rule Change from receiving non-cash sales incentives Register or within such longer period (i) from an issuer or its affiliates valued in as the Commission may designate up to The NASD is herewith filing a excess of $50 per person per issuer 90 days of such date if it finds such proposed rule change to Article III, annually. Such non-cash sales longer period to be appropriate and Section 44 of the Rules of Fair Practice. incentives are typically de minimis in publishes its reasons for so finding or Proposed new language is italicized; nature, such as small souvenir or gift (ii) as to which the self-regulatory proposed deletions are in brackets. items, provided by issuers to a member organization consents, the Commission THE CORPORATE FINANCING RULE or associated persons of a member. The will: NASD is proposing an amendment to Underwriting Terms and Arrangements A. by order approve such proposed the Rule to raise the permissible level of rule change, or Sec. 44 non-cash sales incentives to $100 per B. institute proceedings to determine * * * * * person, annually. The NASD believes that a dollar IV. Solicitation of Comments (c) Underwriting Compensation and amount of $100 is still relatively low Interested persons are invited to Arrangements and will neither compromise the intent, submit written data, views, and * * * * * nor reduce the ability, of the rule to arguments concerning the foregoing. prevent fraudulent acts and practices Persons making written submissions (6) Unreasonable Terms and that might arise in connection with the should file six copies thereof with the Arrangements giving of gifts or payments by issuers Security, Securities and Exchange * * * * * and their affiliates as non-cash Commission, 450 Fifth Street NW., (B) Without limiting the foregoing, the compensation to members or persons Washington, D.C. 20549. Copies of the following terms and arrangements, associated with members. submission, all subsequent when proposed in connection with the Additionally, the amendment would amendments, all written statements distribution of a public offering of make the value-limitation provisions of with respect to the proposed rule securities, shall be unfair and the Rule consistent with similar change that are filed with the unreasonable: provisions in Article III, Sections 10 and Commission, and all written (i)–(x) (Unchanged) 34 of the Rules of Fair Practice, with communications relating to the (xi) for a member or person associated proposed amendments to Sections 26 proposed rule change between the with a member to accept, directly or and 29 now pending SEC approval, and Commission and any person, other than indirectly, any non-cash sales incentive with Rule 350(a) of the New York Stock those that may be withheld from the item including, but not limited to, travel Exchange (‘‘NYSE’’). The amendment to public in accordance with the bonuses, prizes and awards, from an the Rule would provide regulatory provisions of 5 U.S.C. 552, will be issuer or affiliate thereof in excess of consistency and simplify compliance for available for inspection and copying in [$50] $100 per person per issuer member firms that are also members of annually. Notwithstanding the the NYSE. 1 15 U.S.C. 78o-3. 26754 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices the Commission’s Public Reference proposed rule change from interested Exchange’s Business Conduct Room. Copies of such filing will also be persons. Committee pursuant to Phlx Rule 960 available for inspection and copying at governing disciplinary proceedings. I. Self-Regulatory Organization’s the principal office of the NASD. All In addition, an exception from the Statement of the Terms of Substance of general prohibition against placing off- submissions should refer to the file the Proposed Rule Change number in the caption above and should floor orders in market maker accounts be submitted by June 8, 1995. The Exchange, pursuant to Rule 19b– would be added to Advice B–4 to permit 4 of the Act, proposes to amend Phlx the proposed treatment for off-floor For the Commission, by the Division of Rule 1014, Commentary .01, to extend orders. In order to incorporate this Market Regulation, pursuant to delegated market maker margin treatment to proposal into the Floor Procedure authority, 17 CFR 200.30–3(a)(12). opening orders entered by Phlx Advice handbook, Advice B–4 would Margaret H. McFarland, Registered Options Traders (‘‘ROTs’’) generally parallel the proposed Deputy Secretary. from off the Exchange floor, provided provision in Commentary .01. In [FR Doc. 95–12258 Filed 5–17–95; 8:45 am] that the greater of 1,000 contracts or addition, Advice B–4 would require an BILLING CODE 8010±01±M 80% of ROT’s total transactions on the ROT to disclose to a Floor Broker, Exchange in a calendar quarter are among other things, that he is entering executed in person, and not through the an off-floor order for his market maker use of orders. Phlx ROTs would also be [Release No. 34±35710; File No. SR±Phlx± account. Entering an off-floor order in 95±14] required to execute at least 75% of their violation of the proposed new paragraph quarterly contract volume in assigned in Advice B–4 would be subject to full Self-Regulatory Organizations; Notice options.4 In addition, the proposal disciplinary proceedings and reviewed of Filing of Proposed Rule Change and requires that all off-floor orders for by the Exchange’s Business Conduct Amendment No. 1 of Proposed Rule which an ROT receives market maker Committee. Change by the Philadelphia Stock treatment be consistent with such ROT’s Advice B–8 is proposed to be Exchange, Inc., Relating to Extension duty to maintain fair and orderly amended by limiting its application to of Market Marker Margin Treatment to markets, and, in general, be effected for the use of floor brokers while an ROT Certain Market Marker Orders Entered the purposes of hedging, reducing risk is on the trading floor. Otherwise, an From Off the Trading Floor of, or rebalancing open positions of the ROT entering an order from off-floor ROT. could not comply with the requirement May 12, 1995. Corresponding amendments to five to initial the order ticket. Floor Procedure Advices (‘‘Advices’’), Advice B–12 governs Phlx traders Pursuant to Section 19(b)(1) of the which are administered pursuant to the entering orders in multiply traded Securities Exchange Act of 1934 Exchange’s minor rule violation options onto another exchange, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 enforcement and reporting plan,5 are currently requiring such orders to be notice is hereby given that on March 1, also proposed: B–3, Trading entered while the trader is on the Phlx 1995, Philadelphia Stock Exchange, Inc. Requirements; B–4, Phlx ROTs Entering floor. Because off-floor orders for a (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Orders from On-Floor and Off-Floor for market maker account will become Securities and Exchange Commission Execution of the Exchange; B–8, Use of permissible, Advice B–12 is proposed to (‘‘Commission’’) the proposed rule Floor Brokers; B–12, Phlx ROTs and be amended to permit the entry of off- change as described in Items I, II, and Specialist Entering Orders for Execution floor orders for execution on another III below, which Items have been on Other Exchanges in Multiply Traded exchange in multiply traded options. prepared by the Exchange. The Options; and C–3, Handling Orders of Such orders, entered pursuant to Rule Exchange subsequently filed Phlx ROTs and Other Registered 1014, Commentary .01, must otherwise Amendment No. 1 on April 3, 1995.3 Options Market Makers. comply with the requirements of Advice The Commission is publishing this First, a new paragraph (b) to Advice B–12, including ‘‘clearing the Phlx notice to solicit comments on the B–3, with a separate fine schedule for crowd.’’ violations, would contain the Lastly, Advice C–3 would be 1 15 U.S.C. 78s(b)(1). heightened trading requirement to amended to require Floor Brokers to 2 17 CFR 240.19b–4. receive limited market maker margin mark an order ticket with the letter ‘‘P’’ 3 In Amendment No. 1, the Exchange proposes to require Phlx ROTs to execute at least 75% of their treatment for off-floor orders. Violations if an ROT indicates that an off-floor quarterly trades in-assigned options for purposes of of Advice B–3(b) would not be subject order is to be entered into his market receiving market maker margin treatment for off- to a minor rule plan citation and fine, maker account. Fines for violations of floor orders. The Exchange originally proposed to but would be reviewed directly by the Advice C–3 would be administered require an ROT to trade at least 50% of his quarterly contract volume in-assigned options. In addition, pursuant to the Exchange’s minor rule Amendment No. 1 states that Phlx proposes to 4 See Amendment No. 1, supra note 3. plan. This proposal would apply to delete the fine schedules under the minor rule plan 5 The Phlx’s minor rule violation enforcement ROTs on both the options floor (equity originally proposed to address violations of the and reporting plan (‘‘minor rule plan’’), codified in options and index options) as well as heightened trading requirements, because violations Phlx Rule 970, contains floor procedure advices of this program are to be reviewed directly by the with accompanying fine schedules. Rule 19d– the foreign currency options floor. The Business Conduct Committee and are not to be 1(c)(2) authorizes national securities exchanges to text of the proposed rule change is treated as minor rule plan violations. Finally, Phlx adopt minor rule violation plans for summary available at the Office of the Secretary, proposes to clarify that the phrase ‘‘may exempt one discipline and abbreviated reporting; Rule 19d– the Exchange, and at the Commission. or more classes of options from this calculation’’ in 1(c)(1) requires prompt filing with the Commission Commentary .01 to Phlx Rule 1014, is intended to of any final disciplinary actions. However, minor II. Self-Regulatory Organization’s mean that certain options may not be eligible for rule violations not exceeding $2,500 are deemed not Statement of the Purpose of, and off-floor market maker treatment, consistent with final, thereby permitting periodic, as opposed to the approved provisions of the other exchanges. See immediate reporting. Although the Exchange is Statutory Basis for, the Proposed Rule Letter from Gerald O’Connell, First Vice President, proposing to amend several advices, only Advice Change Phlx, to Michael Walinskas, Branch Chief, Office of C–3 will contain a minor rule plan fine; hence, the Market Supervision (‘‘OMS‘‘), Division of Market Exchange hereby proposes to amend its minor rule In its filing with the Commission, the Regulation (‘‘Market Regulation’’), Commission , plan by incorporating the proposed changes to Exchange included statements dated March 29, 1995 (‘‘Amendment No. 1’’). Advice C–3. concerning the purpose of and basis for Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26755 the proposed rule change. The text of making obligations and may be exposed cover such off-floor market maker these statements may be examined at to unacceptable levels of risk. orders. First, new paragraph (b) of the places specified in Item IV below. Accordingly, the proposed rule Advice B–3 would effectuate the The Exchange has prepared summaries, change is intended to accommodate the proposed provisions of Commentary .01 set forth in Section (A), (B), and (C) occasional needs of ROTs to adjust or by referencing the heightened trading below, of the most significant aspects of hedge positions in their market maker requirement in order to receive such statements. accounts at times when they are not favorable margin treatment for off-floor physically present on the trading floor. orders. Accordingly, entering an off- (A) Self-Regulatory Organization’s The Phlx believes the proposed rule floor order for a market maker account Statement of the Purpose of, and change does so without diluting the without compliance with the ‘‘1,000 Statutory Basis for, the Proposed Rule requirement that such ROT’s trading contracts or 80%’’ requirement shall Change activity must nevertheless fulfill their result in a Rule 960 disciplinary Generally, a trade for the account of market making obligations, including proceeding, which is separate from any a specialist or ROT receives market contributing to the maintenance of a fair violation of Advice B–3(a), which is maker, or good faith, margin,6 as well as and orderly market on the Exchange. administered pursuant to the favorable capital treatment,7 due to the Phlx Rule 1014, Commentary .03 and Exchange’s minor rule plan. affirmative and negative market making Floor Procedure Advice (‘‘Advice’’) B–3 Second, Advice B–4 is proposed to be obligations 8 imposed on such floor currently require ROTs to effect at least amended to create an exception to the traders by Exchange and Commission 50% of their quarterly contract volume prohibition against entering off-floor rules. Further, Rule 1014, Commentary in assigned options. Further, ROTs are orders into a market maker account. .01 states that ROTs are considered required to execute in person and not Generally, Advice B–4 would restate the ‘‘specialists’’ for the purposes of the Act through the use of orders the greater of provisions of Commentary .01 to Rule and the rules thereunder, which 1,000 contracts or 50% of their quarterly 1014 that an ROT who has executed the includes capital and margin rules, contract volume, pursuant to Advice B– greater of 1,000 contracts or 80% of his respecting option transactions initiated 3 and Rule 1014(b), Commentary .13. At total transactions in a calendar quarter and effected by the ROT on the floor in this time, the Exchange is proposing to in person may enter opening the capacity of an ROT. Accordingly, amend Rule 1014 to allow ROTs who transactions from off the floor on transactions initiated on-floor by Phlx meet a more stringent in-person, and in- limited occasions for his market maker ROTs receive this favorable margin assigned options requirement to receive account if such transactions are for the treatment. Off-floor opening 9 market market maker margin and capital purpose of hedging, reducing risk of, maker transactions currently may not treatment for opening off-floor orders. rebalancing, or liquidating open qualify for favorable margin treatment This proposal does not affect the above- positions. under Exchange rules, even if such referenced requirement that, Third, by amending the title of Advice orders are entered to adjust or hedge the notwithstanding an ROT’s desire to B–8, the Phlx intends to limit its effect risk of an ROT’s positions resulting from qualify for favorable margin treatment to situations where an ROT uses a Floor on-floor market making activity. for off-floor trading, an ROT remains Broker while the ROT is on the Phlx The purpose of the proposed rule obligated pursuant to Advice B–3 to Floor. Because ROTs cannot currently change is to extend market maker trade (1) in-person, and not through the enter off-floor opening orders into a margin treatment to certain off-floor use of orders, the greater of 1,000 market maker account, the language of orders in all Phlx options. A new contracts or 50% of their total this advice presumes that the ROT is on provision in Rule 1014, Commentary .01 transactions each quarter, and (2) at the floor, and, hence, able to comply is required, as well as amendments to least 50% of their quarterly contract with the requirements of initialing the various advices impacted by the volume in assigned options. order ticket. Because this proposal proposal. Under the proposal, Phlx ROTs would would permit entering opening orders The Exchange believes that because receive market maker margin treatment from off-floor and because an ROT who an ROT cannot effectively adjust his for orders entered from off-floor in is off-floor cannot initial and time stamp positions, or hedge and otherwise limited circumstances. Such ROTs a ticket, Advice B–8 would now reduce the risk of his opening would be required to execute in person, expressly apply, as reflected in the new transactions, from off the Phlx trading and not through the use of orders, the title, only to on-floor situations. floor without incurring a significant greater of 1,000 contracts or 80% of Nevertheless, the requirement that an economic penalty, such ROTs must such ROT’s total transactions that ROT state whether an order is opening either be physically present on the quarter. In addition, such off-floor or closing appears in Advice B–4, and Exchange floor or face significant risks orders must be effected for the purpose the Floor Broker must time stamp the of adverse market movements when of hedging, reducing risk of, rebalancing order pursuant to Advice C–2. Thus, off- they must necessarily be absent from the or liquidating open positions of the floor orders should be appropriately trading floor.10 Because of these costs ROT. Phlx ROTs would also be required designated and handled, despite the and risks, the Exchange believes that to execute at least 75% of his quarterly inapplicability of Advice B–8. 11 Phlx ROTs may be prevented from contract volume in assigned options. Fourth, Advice B–12 is proposed to be effectively discharging their market The Exchange notes that ROTs who fail amended to clarify the margin treatment to comply with the proposed of orders sent to another exchange in a 6 Regulation T of the Federal Reserve Board, requirements in Rule 1014, Commentary multiply traded option. Although such Section 220.12. .01, shall be subject to disciplinary orders must currently be initiated from 7 SEC Rule 15c3–1(b)(1). proceedings under Phlx Rule 960. the Phlx floor and must clear the Phlx 8 See e.g., Phlx Rule 1014 (a) and (c). In addition to the proposed crowd, the proposed changes would 9 Closing transactions do not give rise to issues of amendment to Commentary .01 of Rule permit off-floor orders to be sent to margin and capital treatment, because such 1014, the Exchange proposes to amend another exchange. Such orders must positions merely reduce or eliminate existing positions. five Phlx floor procedure advices to nevertheless clear the Phlx crowd. The 10 Certain off-floor orders may be considered on- purpose of this change is to treat orders floor orders. see Phlx Rule 1014, Commentary .08. 11 See Amendment No. 1, supra note 3. in multiply traded options, whether 26756 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices originating from on or off-floor, the (ii) as to which the Phlx consents, the The reasons alleged in the application same way for margin purposes, Commission will: for withdrawing this Security from extending limited market maker (A) By order approve such proposed listing and registration include the treatment. rule change, or following: Lastly, Advice C–3 is proposed to be (B) Institute proceedings to determine According to the Company, the amended to incorporate this extension whether the proposed rule change Company originally decided to list the of specialist margin treatment into the should be disapproved. Security on the BSE in connection with advice enumerating Floor Broker IV. Solicitation of Comments the initial public offering by the responsibilities. Specifically, Floor Company of the Security. The decision Interested persons are invited to Brokers would be required to mark floor to list on the BSE at that time was based submit written data, views and tickets where an ROT has indicated that on the Company’s desire to expedite the arguments concerning the foregoing. the order is for his market maker formation of an active public market for Persons making written submissions account with the letter ‘‘P’’. A fine for the Security. However, the Board of should file six copies thereof with the Directors has determined that the violations would be administered Secretary, Securities and Exchange pursuant to the Exchange’s minor rule Company should now withdraw its Commission, 450 Fifth Street NW., Security from listing on the BSE. This plan. The Exchange believes that this Washington, D.C. 20549. Copies of the should assist its surveillance efforts decision is based on the limited and submission, all subsequent sporadic trading activity of the Security respecting market maker margin for off- amendments, all written statements floor orders. on the BSE since the date the Security with respect to the proposed rule was first listed. The Company’s primary The Phlx believes that the proposed change that are filed with the rule change is consistent with Section 6 trading market has been and continues Commission, and all written to be the Nasdaq SmallCap Market. The of the Act in general, and in particular, communications relating to the Company believes that the benefits of with Section 6(b)(5), in that it is proposed rule change between the remaining listed on the BSE do not designed to promote just and equitable Commission and any person, other than outweigh the costs involved in principles of trade and to protect those that may be withheld from the maintaining such listing, since the investors and the public interest. public in accordance with the Nasdaq SmallCap Market represents the Specifically, the Phlx believes that the provisions of 5 U.S.C. § 552, will be primary trading market for the Security. proposal should increase the extent to available for inspection and copying at which ROT trades contribute to Any interested person may, on or the Commission’s Public Reference before June 5, 1995 submit by letter to liquidity and to the maintenance of the Section, 450 Fifth Street NW., the Secretary of the Securities and fair and orderly market on the Exchange Washington, D.C. 20549. Copies of such Exchange Commission, 450 Fifth Street, by providing for a greater degree of in- filing will also be available for N.W., Washington, D.C. 20549, facts person trading by ROTs and by enabling inspection and copying at the principal bearing upon whether the application such ROTs to better manage the risk of office of the Phlx. All submissions has been made in accordance with the their market making activities. Likewise, should refer to File No. SR–Phlx–95–14 rules of the exchange and what terms, the Phlx believes that the corresponding and should be submitted by June 8, if any, should be imposed by the amendments to Phlx advices are 1995. Commission for the protection of intended to incorporate specialist For the Commission, by the Division of margin treatment for off-floor orders investors. The Commission, based on Market Regulation, pursuant to delegated the information submitted to it, will into the provisions governing trading authority.12 requirements, ROTs entering orders, and issue an order granting the application [FR Doc. 95–12259 Filed 5–17–95; 8:45 am] after the date mentioned above, unless Floor Broker responsibilities, consistent BILLING CODE 8010±01±M with Section 6(b)(5). the Commission determines to order a hearing on the matter. (B) Self-Regulatory Organization’s [File No. 1±11254] For the Commission, by the Division of Statement on Burden on Competition Market Regulation, pursuant to delegated Issuer Delisting; Notice of Application The Exchange does not believe that authority. to Withdraw From Listing and the proposed rule change will impose Jonathan G. Katz, Registration; (Vermont Pure Holdings, any burden on competition. Secretary. Ltd., Common Stock, $.001 Par Value) (C) Self-Regulatory Organization’s [FR Doc. 95–12187 Filed 5–17–95; 8:45 am] Statement on Comments on the May 12, 1995. BILLING CODE 8010±01±M Proposed Rule Change Received From Vermont Pure Holdings, Ltd. Members, Participants or Others (‘‘Company’’) has filed an application with the Securities and Exchange DEPARTMENT OF STATE No written comments were solicited Commission (‘‘Commission’’), pursuant [Public Notice 2209] or received with respect to the proposed to Section 12(d) of the Securities rule change. Exchange Act of 1934 (‘‘Act’’) and Rule United States International III. Date of Effectiveness of the 12d2–2(d) promulgated thereunder, to Telecommunications Advisory Proposed Rule Change and Timing for withdraw the above specified security Committee; Standardization Sector Commission Action (‘‘Security’’) from listing and (ITAC±T) Study Group; Meeting Notice registration on the Boston Stock Within 35 days of the date of Exchange, Inc. (‘‘BSE’’). The Department of State announces publication of this notice in the Federal The reasons alleged in the application that the United States International Register or within such longer period (i) for withdrawing this Security from Telecommunications Advisory as the Commission may designate up to listing and registration on the Boston Committee Standardization Sector 90 days of such date if it finds such Stock Exchange, Inc. (‘‘BSE’’). (ITAC–T) Study Group (formerly the longer period to be appropriate and USNC) will meet on June 6, 1995, 9:30 publishes its reasons for so finding or 12 17 CFR 200.30–3(a)(12). a.m. to 3 p.m., room 1207 at the U.S. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26757 Department of State, 2201 C Street, from Commandant (G–MVI–4), Room Federal Government, although travel N.W., Washington, D.C. 20520. 1405, U.S. Coast Guard Headquarters, reimbursement and per diem are This meeting of ITAC–T Study Group 2100 Second St., S.W., Washington, D.C. provided. The Committee normally will include the following agenda items: 20593–0001. meets in different seaport cities 1. Report of Utlaut’s ad hoc group on FOR FURTHER INFORMATION CONTACT: nationwide, with subcommittee Consortia communication with ITU–T LCDR Mark D. Bobal, Executive meetings for specific issues on an as- Study Groups; Director, Commercial Fishing Industry required basis. 2. Ad Hoc group report for TSAG Vessel Advisory Committee, (202) 267– Persons selected as ‘‘general public’’ preparations; 2307 or fax (202) 267–1069. members are required to complete a 3. Report of Fishman’s TSAG Confidential Financial Disclosure SUPPLEMENTARY INFORMATION: As correspondence group; and Report, SF 450, on an annual basis. The 4. Update of U.S. guidelines for required by the Commercial Fishing Industry Vessel Safety Act of 1988, the purpose of the report is to determine preparatory process. compliance with conflict of interest All of the issues relate to the Coast Guard established the Commercial Fishing Industry Vessel Advisory laws. This report will not be disclosed upcoming 18–22 September 1995 to any requesting person unless release Telecommunications Standardization Committee (Committee) to provide advice to the Coast Guard on issues is authorized by law, such as in Advisory Group Meeting. response to a subpoena filed in an Members of the General Public may related to the safety of commercial administrative or court proceeding. attend the meetings and join in the fishing vessels regulated under chapter discussions, subject to the instructions 45 of Title 46, United States Code which Dated: May 10, 1995. of the chair. Admittance of public includes uninspected fishing vessels, G.N. Naccara, members will be limited to the seating fish processing vessels or fish tender Captain, U.S. Coast Guard, Acting Chief, available. In this regard, entrance to the vessels. The Committee consists of 17 Office of Marine Safety, Security and Department of State is controlled. If you members as follows: Ten members from Environmental Protection. are not presently named on the mailing the commercial fishing industry who [FR Doc. 95–12286 Filed 5–17–95; 8:45 am] list of the Telecommunications reflect a regional and representational BILLING CODE 4910±14±M Standardization Sector Study Group, balance and have experience in the and wish to attend please call 202–647– operation of vessels to which chapter 45 [CGD 95±038] 0201 not later than 5 days before the of Title 46, United States Code applies, scheduled meetings. Enter from the ‘‘C’’ or as a crew member or processing line Towing Safety Advisory Committee; Street Main Lobby. One of the following worker on an uninspected fish Request for Applications valid photo ID’s will be required for processing vessel; one member admittance: U.S. driver’s license with representing naval architects or marine AGENCY: Coast Guard, DOT. picture, U.S. passport, U.S. government surveyors; one member representing ACTION: Notice. ID (company ID’s are no longer accepted manufacturers of equipment for vessels SUMMARY: The U.S. Coast Guard is by Diplomatic Security). to which chapter 45 applies; one seeking applicants for appointment to member representing education or Dated: May 10, 1995. membership on the Towing Safety training professionals related to fishing Earl S. Barbely, Advisory Committee (TSAC). vessel, fish processing vessel, or fish Chairman, U.S. ITAC for Telecommunication DATES: Completed applications and Standardization. tender vessel safety, or professional qualifications; one member representing resumes must be received by July 14, [FR Doc. 95–12237 Filed 5–17–95; 8:45 am] 1995. Application forms may be BILLING CODE 4710±45±M underwriters that insure vessels to which chapter 45 applies; and three obtained by contacting the Assistant members representing the general Executive Director at the address below. ADDRESSES: To request an application DEPARTMENT OF TRANSPORTATION public, including whenever possible, an independent expert or consultant in either call (202) 267–2997 and give your Coast Guard maritime safety and a member of a name and mailing address or write to national organization composed of Commandant (G–MTH–4), U.S. Coast [CGD 95±042] persons representing owners of vessels Guard, 2100 Second Street, SW., Room 1304 Washington, DC 20593–0001. Commercial Fishing Industry Vessel to which chapter 45 applies and persons FOR FURTHER INFORMATION CONTACT: Advisory Committee representing the marine insurance industry. LTJG Patrick J. DeShon, Assistant AGENCY: Coast Guard, DOT. Applications will be considered for Executive Director, TSAC, Commandant ACTION: Request for applications. five expiring terms in the following (G–MTH–4), U.S. Coast Guard, 2100 categories: (a) Commercial Fishing Second Street, SW., Room 1304, SUMMARY: The U.S. Coast Guard is Industry (three positions); (b) Washington, DC 20593–0001, (202) 267– seeking applicants for appointment to Equipment Manufacturers (one 2997. membership on the Commercial Fishing position); and (c) General Public (one SUPPLEMENTARY INFORMATION: This Industry Vessel Advisory Committee. position). The membership term is three Committee is a 16 member Federal The Committee acts in an advisory years. A limited portion of the Advisory Committee that advises the capacity to the Secretary of membership may serve consecutive Secretary of Transportation on matters Transportation and the Commandant of terms. related to shallow-draft inland and the Coast Guard on matters related to To achieve the balance of membership coastal waterway navigation and towing the safety of commercial fishing required by the Federal Advisory safety. The Committee will meet at least industry vessels. Committee Act, the Coast Guard is twice a year in Washington, DC or DATES: Applications should be received especially interested in receiving another location selected by the U.S. no later than July 31, 1995. applications from minorities and Coast Guard. ADDRESSES: Persons interested in women. The members of the Committee The applications will be considered applying should request an application serve without compensation from the for nine expiring terms as follows: Three 26758 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices members from the barge and towing Gregory, Public Works Director, City of Street corridor: (2) A single four-lane industry, reflecting a geographical Kelso, 312 Allen Street, P.O. Box A, bridge with two lanes each direction balance; one member from the offshore Kelso, WA 98626, telephone (360) 423– along the Main/Allen Street corridor. mineral and oil supply vessel industry; 6590. Both build alternatives propose roadway one member from port districts, SUPPLEMENTARY INFORMATION: The improvements at both of the bridge(s) authorities or terminal operators; one FHWA, in cooperation with the necessary to provide lane continuity member from maritime labor; one Washington State Department of with the new structures. member from shipping; and two Transportation and the City of Kelso, The following areas of environmental members from the general public. will prepare an environmental impact Those persons applying for a position and socio-economic concern have been statement (EIS) on a proposal to replace identified and will be addressed in the representing the general public will be the structurally deficient Allen Street environmental document: water quality, required to complete a Confidential Bridge and improve the Allen Street air quality, highway noise, visual Financial Disclosure Report (CFDR) for corridor between SR 5 on the east and identification of existing financial Cowlitz Way/SR 4 on the west. The quality, historic properties, parklands conflicts and will not be considered corridor serves the Kelso-Longview and recreational facilities, land use, without a CFDR on file. Applicants to community in Cowlitz County. anadromous fish species, relocations, the public positions should identify The project will consist of the economic development, and access to themselves when requesting replacement of the existing bridge with businesses and to a multi-modal applications to ensure that a CFDR is one 4-lane bridge or two 2-lane bridges, terminal. Other issues identified during forwarded with the other application as necessary to satisfy the projected the scoping and public involvement materials. The completed report must be demand and to address existing and processes will also be addressed. submitted with their applications and anticipated traffic circulation problems. Announcements describing the resubmitted each year thereafter if The approach roadways will be proposed action and soliciting appointed. widened, if necessary, to accommodate To achieve the balance of membership comments will be sent to appropriate the projected traffic. The bridge and the Federal, State, and local agencies. These required by the Federal Advisory approaches in the vicinity of the bridge Committee Act, the U.S. Coast Guard is will also be sent to Indian Tribes, will be raised to separate provide grades private organizations, and citizens who especially interested in receiving separation at the railroad tracks. applications from minorities, and are known to have interest in this This project is considered necessary proposal. A scoping meeting will be women. to increase capacity, improve traffic held in Kelso in late spring of 1995. In Those persons who have submitted safety, and address structural and addition, other public meetings will be previous applications must reapply as geometric inadequacies of the existing no applications received prior to this bridge. The Allen Street Bridge now held prior to the release of the Draft EIS solicitation will be considered. carries up to 25,000 vehicles per day, on the project. In addition, a public Dated: May 10, 1995. which is above the usual capacity of a hearing will be held after the release of G.N. Naccara, two-lane bridge. It is projected to carry the Draft EIS to receive public and Captain, U.S. Coast Guard, Acting Chief, 31,000 vehicles per day in 2015, the agency comments on the EIS. Public Office of Marine Safety, Security and design year. It currently performs at a notice will be given of the time and Environmental Protection. Level of Service (LOS) F during the place of these future meetings and the [FR Doc. 95–12287 Filed 5–17–95; 8:45 am] afternoon peak hour; It would perform hearing. The Draft EIS will be available BILLING CODE 4910±14±M at an LOS F, with average speed for public and agency review prior to decreasing to 10 mph in 2015. Just east the public hearing. of the bridge, Allen Street crosses the It is important that the full range of Federal Highway Administration Burlington Northern Railroad tracks. issues related to this proposed action be The high traffic volumes, combined addressed and that all significant issues Environmental Impact Statement: City with frequent trains through the area of Kelso, Washington be identified. To ensure this, comments creates the potential for severe accidents and suggestions are invited from all AGENCY: Federal Highway at the railroad crossing. Also, the interested parties. Comments or accident rate (3.42 accidents/million Administration (FHWA), DOT. questions concerning this proposed vehicle miles) in this section of road is ACTION: Notice of Intent. action and the EIS should be directed to more than double the corresponding SUMMARY: The FHWA is issuing this rate for State highways in southwest the FHWA at the address and phone notice to advise the public that an Washington. The bridge is only 24 feet number provided above. Environmental Impact Statement (EIS) in width with two 12-foot lanes and no (Catalog of Federal Domestic Assistance will be prepared for a bridge shoulders and has a weight limit of 10 Program Number 20.205, Highway Research, replacement project in Kelso, tons, which does not meet the standards Planning, and Construction. The regulations Washington. for this type of facility and traffic implementing Executive Order 12372 FOR FURTHER INFORMATION CONTACT: conditions. regarding intergovernmental consultation on Gene Fong, Division Administrator, Alterntives currently under Federal programs and activities apply to this Federal Highway Administration, 711 consideration include a No Build program.) South Capitol Way, Suite 501, Olympia, alternative, and two build alternatives Issued on: May 8, 1995. WA 98501, telephone: (360) 753–9413; that would replace the existing bridge Jose´ M. Miranda, or Gerald Smith, Regional and span the railroad tracks. The build Environmental Program Manager, Olympia, Administrator, Southwest Region, alternatives include (1) A one-way Washington. Washington State Department of couplet system with a two-lane [FR Doc. 95–12238 Filed 5–17–95; 8:45 am] Transportation, 4200 Main Street, P.O. eastbound bridge along the Catline/Vine Box 1709, Vancouver, WA 98668, Street corridor and a two-lane BILLING CODE 4910±22±M Telephone (360) 905–2001; or Bob westbound bridge along the Main/Allen Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26759 [FHWA Docket No. 95±15] members: the designee of the agency electing to participate in the Administrator of the FHWA; appointees National Scenic Byways Program by National Scenic Byways Program from the U. S. Forest Service, the seeking to have a road or highway AGENCY: Federal Highway National Park Service, the Bureau of designated as a National Scenic Byway Administration (FHWA), DOT. Land Management, the Bureau of Indian or an All-American Road and for any ACTION: Notice of FHWA interim policy. Affairs, and the U.S. Travel and State seeking funds for eligible scenic Tourism Administration of the byways projects. Participation in the SUMMARY: In response to the Intermodal Department of Commerce; and national program shall be entirely Surface Transportation Efficiency Act of individuals representing the interests of voluntary. 1991 (ISTEA) mandate to establish a the recreational users of scenic byways, national scenic byways program, the conservationists, the tourism industry, 2. Definitions FHWA announces its interim policy for historic preservationists, highway users, a. Corridor means the road or highway the National Scenic Byways Program. State and local highway and right-of-way and the adjacent area that This interim policy sets forth the criteria transportation officials, the motoring is visible from and extending along the for the designation of roads as National public, scenic preservationists, the highway. The distance the corridor Scenic Byways or All-American Roads outdoor advertising industry, and the extends from the highway could vary based upon their scenic, historic, planning professions. The advisory with the different intrinsic qualities. recreational, cultural, archeological, committee was charged with developing b. Corridor Management Plan means a and/or natural intrinsic qualities. minimum criteria for designating written document that specifies the DATES: Comments must be received on highways as scenic byways or all- actions, procedures, controls, or before July 17, 1995. American roads for purposes of a operational practices, and ADDRESSES: Submit written, signed national scenic byways system. After administrative strategies to maintain the comments to FHWA Docket No. 95–15, meeting four times, the advisory scenic, historic, recreational, cultural, Federal Highway Administration Room committee produced a report that made archeological, and natural qualities of 4232, HCC–10, Office of the Chief recommendations on all the facets of a the scenic byway. Counsel, 400 Seventh Street, SW., national scenic byway program. The c. Federal Agency means the U.S. Washington, D.C. 20590. All comments National Scenic Byway Program Forest Service, Bureau of Land received will be available for outlined in this notice follows those Management, National Park Service, and examination at the above address recommendations. the Bureau of Indian Affairs, and their between 8:30 a.m. and 3:30 p.m., e.t., The FHWA has awarded grants to scenic byways programs. Monday through Friday, except Federal States for scenic byway projects under d. Federal Agency Scenic Byway holidays. the interim scenic byways program means a road or highway located on established by ISTEA. The grant funds FOR FURTHER INFORMATION CONTACT: Mr. lands under Federal ownership which for the interim program ran out in fiscal Eugene Johnson, Intermodal Division, has been officially designated by the year 1994. This notice specifies the type Office of Environment and Planning, responsible Federal agency as a scenic of projects eligible for funding and lists HEP–50, (202) 366–2071; or Mr. Robert byway for its scenic, historic, the funding priority for providing grants Black, Attorney, Office of Chief Counsel, recreational, cultural, archeological, or to the States under the National Scenic HCC–31, (202) 366–1359. The address is natural qualities. Byways Program. Federal Highway Administration, 400 Through this notice, the FHWA is e. Intrinsic Quality means scenic, Seventh Street, SW., Washington, D.C. establishing the interim policy for the historic, recreational, cultural, 20590. Office hours are from 7:45 a.m. National Scenic Byways Program. This archeological, or natural features that to 4:15 p.m., e.t., Monday through interim policy sets forth the criteria for are considered representative, unique, Friday, except Federal holidays. the designation of roads as National irreplaceable, or distinctly characteristic SUPPLEMENTARY INFORMATION: Beginning Scenic Byways or All-American Roads of an area. as early as 1966, the FHWA has based upon their scenic, historic, f. Local Commitment means assurance participated in several studies relating recreational, cultural, archeological, provided by communities along the to establishing national scenic byways and/or natural intrinsic qualities. To be scenic byway that they will undertake programs. The most recent study was designated as a National Scenic Byway, actions, such as zoning and other completed in 1991 and was conducted a road must significantly meet criteria protective measures, to preserve the in response to a request in the 1990 for at least one of the above six intrinsic scenic, historic, recreational, cultural, Department of Transportation qualities. For the All-American Roads archeological, and natural integrity of Appropriations Act. This study designation, criteria must be met for the scenic byway and the adjacent area included recommendations for multiple intrinsic qualities. Anyone as identified in the corridor establishing a national scenic byways may nominate a road for National management plan. program, including recommended Scenic Byway or All-American Road g. Regional Significance means techniques for maintaining and status, but the nomination must be characteristics that are representative of enhancing the scenic, recreational, and submitted through a State’s identified a geographic area encompassing two or historic qualities associated with each scenic byway agency and include a more States. byway. The ISTEA incorporated many corridor management plan designed to h. Scenic Byways Agency means the of the recommendations from this study protect the unique qualities of a scenic Board, Commission, Bureau, and called for the establishment of a byway. The FHWA solicits comments Department, Office, etc., that has the national scenic byways program. on any part of the policy. responsibility for administering the Section 1047 of the ISTEA, Pub. L. 102– The National Scenic Byways Policy is State’s scenic byways program 240, 105 Stat. 1914, set up an advisory as follows: activities. Unless otherwise designated, committee to assist the Secretary of FHWA will assume that the State Scenic Transportation in establishing a national 1. Applicability Byways Agency is the State Department scenic byways program. The advisory The policy and procedures of this of Transportation or State highway committee was composed of seventeen document apply to any State or Federal agency as recognized in the 26760 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices administration of title 23, United States f. For All-American Roads, there must quality evaluation identified above in Code. be a demonstration of the extent to paragraph 4d. i. Scenic Byway means a public road which enforcement mechanisms are f. A single application may be used by having special scenic, historic, being implemented by communities a State to seek the designation of a recreational, cultural, archeological, along the highway in accordance with nominated highway as either a National and/or natural qualities that have been the corridor management plan. Scenic Byway, an All-American Road, recognized as such through legislation g. Before a road or highway is or as both. A highway nominated for, or some other official declaration. The nominated for designation as an All- but failing to meet, the requirements for terms ‘‘road’’ and ‘‘highway’’ are American Road, user facilities (e.g. All-American Road designation will synonymous. They are not meant to overlooks, food services, etc.) should be automatically be considered for define higher or lower functional available for travelers. designation as a National Scenic Byway classifications or wider or narrower h. An important criteria for both unless the State requests otherwise. National Scenic Byways and All- cross-sections. Moreover, the terms 5. Designation Process State Scenic Byway, National Scenic American Roads is continuity. Neither Byway, or All-American Road refer not should have too many gaps but rather a. Designations of National Scenic only to the road or highway itself but should be as continuous as possible and Byways and All-American Roads shall also to the corridor through which it should minimize intrusions on the be made by the Secretary of passes. visitor’s experience. Transportation after consultation with j. State Scenic Byway means a road or 4. Nomination Process the Departments of the Interior, highway under State, Federal, or local Agriculture, and Commerce, as ownership that has been designated by a. A nomination process will be used appropriate. the State through legislation or some as the means by which roads or b. A panel consisting of six to eight other official declaration for its scenic, highways may be recognized for their experts, designated by FHWA and historic, recreational, cultural, intrinsic qualities and designated as reflecting a cross-section of the scenic archeological, or natural qualities. An National Scenic Byways or as All- byways community of interests Official Declaration is an action taken American Roads. All nominations for (including experts on intrinsic qualities, by a Governor or that of an individual, National Scenic Byways or All- tourism, and economic development), board, committee, or political American Roads must be submitted by may assist in the review of highways subdivision acting with granted the State Scenic Byways Agency (SSBA) nominated as National Scenic Byways authority on behalf of the State. to the FHWA. The States will receive and All-American Roads. written notification of the time period 3. Requirements for submitting nominations for 6. Designation Criteria a. Any highway or road submitted for designation consideration. a. National Scenic Byways Criteria b. Nominations may originate from designation under the National Scenic any local government, including Indian To be designated as a National Scenic Byways Program by State or Federal tribal governments, or any private group Byway, a road or highway must agencies should be designated as a State or individual. significantly meet at least one of the six scenic byway. However, roads that meet c. Nominations to the program of scenic byways intrinsic qualities all criteria and requirements for byways on public lands may originate discussed below. National designation but not State or from the U.S. Forest Service, the The characteristics associated with Federal agencies’ designation criteria National Park Service, the Bureau of the intrinsic qualities are those that are may be considered for national Land Management, or the Bureau of distinct and most representative of the designation on a case-by-case basis. Any Indian Affairs, but must also come region. The significance of the features road nominated for the National Scenic through the SSBA, with the State’s contributing to the distinctive Byway or All-American Road concurrence. characteristics of the corridor’s intrinsic designation will be considered to be a d. A two-step process may be used for quality are recognized throughout the designated State scenic byway. nominations originating with local region. b. A road or highway must safely and sponsors to help alleviate unnecessary b. All-American Road Criteria conveniently accommodate two-wheel- documentation, time, and expense. drive automobiles with standard The first step is for local sponsors to In order to be designated as an All- clearances to be considered for submit to the SSBA the documentation American Road, the road or highway designation as a National Scenic Byway necessary for the State to determine if must meet the criteria for at least two of or an All-American Road. the scenic byway possesses intrinsic the intrinsic qualities. The road or c. Roads or highways considered for qualities sufficient to merit its highway must also be considered a National Scenic Byways and All- nomination as a National Scenic Byway destination unto itself. To be recognized American Roads designations should or an All-American Road. as such, it must provide an exceptional accommodate, wherever feasible, The second step is for the remainder traveling experience that is so bicycle and pedestrian travel. of the nomination package to be recognized by travelers that they would d. To be considered for the All- submitted once the State has make a drive along the highway a American Roads designation, roads or determined that the byway is primary reason for their trip. highways should safely accommodate appropriate for nomination. The characteristics associated with conventional tour buses. e. A corridor management plan, the intrinsic qualities are those which e. A scenic byways corridor prepared in accordance with Paragraph best represent the nation and which management plan, prepared in 9 of this policy, must be included as may contain one-of-a-kind features that accordance with Paragraph 9 of this part of all nominations made to the do not exist elsewhere. The significance policy, must be submitted in order for FHWA for National Scenic Byways or of the features contributing to the any road or highway to be considered All-American Roads designations. The distinctive characteristics of the for the National Scenic Byway of All- corridor management plan is not corridor’s intrinsic quality are American Road designation. required for the preliminary intrinsic recognized nationally. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26761 7. Intrinsic Qualities the natural and cultural elements of the designation as a National Scenic Byway The six intrinsic qualities are: corridor’s landscape. The recreational or an All-American Road. The corridor a. Scenic Quality is the heightened activities provide opportunities for management plan must include at least visual experience derived from the view active and passive recreational the following: of natural and manmade elements of the experiences. They include, but are not (1) A map identifying the corridor visual environment of the scenic byway limited to, downhill skiing, rafting, boundaries and the location of intrinsic corridor. The characteristics of the boating, fishing, and hiking. Driving the qualities and different land uses within landscape are strikingly distinct and road itself may qualify as a pleasurable the corridor. (2) An assessment of such intrinsic offer a pleasing and most memorable recreational experience. The qualities and of their context. visual experience. All elements of the recreational activities may be seasonal, but the quality and importance of the (3) A strategy for maintaining and landscape—landform, water, vegetation, enhancing those intrinsic qualities. The and manmade development—contribute recreational activities as seasonal operations must be well recognized. level of protection for different parts of to the quality of the corridor’s visual a National Scenic Byway or All- environment. Everything present is in 8. De-Designation Process American Road can vary, with the harmony and shares in the intrinsic a. The Secretary of Transportation highest level of protection afforded qualities. may de-designate any roads or highways those parts which most reflect their b. Natural Quality applies to those designated as National Scenic Byways intrinsic values. All nationally features in the visual environment that or All-American Roads if they no longer recognized scenic byways should, are in a relatively undisturbed state. possess the intrinsic qualities nor meet however, be maintained with These features predate the arrival of the criteria which supported their particularly high standards, not only for human populations and may include designation. travelers’ safety and comfort, but also geological formations, fossils, landform, b. A road or highway will be for preserving the highest levels of water bodies, vegetation, and wildlife. considered for de-designation when it is visual integrity and attractiveness. There may be evidence of human determined that the local and/or State (4) A schedule and a listing of all activity, but the natural features reveal commitments described in a corridor agency, group, and individual minimal disturbances. management plan have not been met responsibilities in the implementation c. Historic Quality encompasses sufficiently to retain an adequate level of the corridor management plan, and a legacies of the past that are distinctly of intrinsic quality to merit designation. description of enforcement and review associated with physical elements of the c. When a byway has been designated mechanisms, including a schedule for landscape, whether natural or for more than one intrinsic quality, the the continuing review of how well those manmade, that are of such historic diminishment of any one of the qualities responsibilities are being met. significance that they educate the could result in de-designation of the (5) A strategy describing how existing viewer and stir an appreciation for the byway as a National Scenic Byway or development might be enhanced and past. The historic elements reflect the All-American Road. new development might be actions of people and may include d. It shall be the State’s responsibility accommodated while still preserving buildings, settlement patterns, and other to assure that the intrinsic qualities of the intrinsic qualities of the corridor. examples of human activity. Historic the National Scenic Byways and All- This can be done through design review, features can be inventoried, mapped, American Roads are being properly and such land management techniques and interpreted. They possess integrity maintained in accordance with the as zoning, easements, and economic of location, design, setting, material, corridor management plan. incentives. workmanship, feeling, and association. e. When it is determined that the (6) A plan to assure on-going public d. Cultural Quality is evidence and intrinsic qualities of a National Scenic participation in the implementation of expressions of the customs or traditions Byway or All-American Road have not corridor management objectives. of a distinct group of people. Cultural been maintained sufficiently to retain its (7) A general review of the road’s or features including, but not limited to, designation, the State and/or Federal highway’s safety and accident record to crafts, music, dance, rituals, festivals, agency will be notified of such finding identify any correctable faults in speech, food, special events, vernacular and allowed 90 days for corrective highway design, maintenance, or architecture, etc., are currently actions before the Secretary may begin operation. practiced. The cultural qualities of the formal de-designation. (8) A plan to accommodate commerce corridor could highlight one or more 9. Corridor Management Plans while maintaining a safe and efficient significant communities and/or ethnic level of highway service, including traditions. a. A corridor management plan, convenient user facilities. e. Archeological Quality involves developed with community (9) A demonstration that intrusions on those characteristics of the scenic involvement, must be prepared for the the visitor experience have been byways corridor that are physical scenic byway corridor proposed for minimized to the extent feasible, and a evidence of historic or prehistoric national designation. It should provide plan for making improvements to human life or activity that are visible for the conservation and enhancement enhance that experience. and capable of being inventoried and of the byway’s intrinsic qualities as well (10) A demonstration of compliance interpreted. The scenic byway corridor’s as the promotion of tourism and with all existing local, State, and archeological interest, as identified economic development. The plan Federal laws on the control of outdoor through ruins, artifacts, structural should provide an effective management advertising. remains, and other physical evidence strategy to balance these concerns while (11) A signage plan that demonstrates have scientific significance that educate providing for the users’ enjoyment of how the State will insure and make the the viewer and stir an appreciation for the byway. The corridor management number and placement of signs more the past. plan is very important to the supportive of the visitor experience. f. Recreational Quality involves designation process, as it provides an (12) A narrative describing how the outdoor recreational activities directly understanding of how a road or highway National Scenic Byway will be association with and dependent upon possesses characteristics vital for positioned for marketing. 26762 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices (13) A discussion of design standards about to establish or they are in the a resource does not include relating to any proposed modification of early development of their scenic rehabilitation or renovation of a the roadway. This discussion should byways programs. All related project property. include an evaluation of how the activities must yield information and/or (6) Developing and providing tourist proposed changes may affect on the provide related work that would impact information to the public, including intrinsic qualities of the byway corridor. on the Statewide scenic byways interpretive information about the (14) A description of plans to program. scenic byway. interpret the significant resources of the (2) Making safety improvements to a All information must be associated scenic byway. highway designated as a scenic byway with the State’s scenic byways. It may b. In addition to the information to the extent such improvements are provide information relating to the identified in Paragraph 9a above, necessary to accommodate increased State’s total network of scenic byways or corridor management plans for All- traffic and changes in the types of it may address a specific byway’s American Roads must include: vehicles using the highway, due to such intrinsic qualities and/or related user (1) A narrative on how the All- designation. amenities. All interpretive information American Road would be promoted, Safety improvements are restricted to should familiarize the tourists with the interpreted, and marketed in order to the highway that has been designated as qualities that are important to the attract travelers, especially those from a scenic byway and must be the direct highway’s designation as a scenic other countries. The agencies result of increased traffic and/or byway. Tourist information can be in responsible for these activities should changes in the types of vehicles using the form of signs, brochures, pamphlets, be identified. the highway. The safety improvements tapes, and maps. Product advertising is (2) A plan to encourage the are only considered eligible when they not permitted on tourist information accommodation of increased tourism, if arise as a result of designation of the that has been developed with grant this is projected. Some demonstration highway as a scenic byway. Any safety funds received under the scenic byways that the roadway, lodging and dining deficiencies that existed prior to program. facilities, roadside rest areas, and other designation of the highway as a scenic d. No grant shall be awarded for any tourist necessities will be adequate for byway are not eligible for funding otherwise eligible project that would not the number of visitors induced by the considerations. protect the scenic, historic, cultural, byway’s designation as an All-American (3) Construction along the scenic natural, and archeological integrity of Road. byway of facilities for the use of the highway and adjacent area. (3) A plan for addressing multi- pedestrians and bicyclists, rest areas, 11. Scenic Byways and the Prohibition lingual information needs. turnouts, highway shoulder of Outdoor Advertising Further, there must be a improvements, passing lanes, overlooks, demonstration of the extent to which and interpretive facilities. As provided at 23 U.S.C. 131(s), if a enforcement mechanisms are being All the related facilities in this State has a State scenic byway program, implemented in accordance with the category must be constructed within or the State may not allow the erection of corridor management plan. immediately adjacent to the right-of-way new signs not in conformance with 23 10. Funding of the scenic byway. The facilities must U.S.C. 131(c) along any highway on the also be directly related to the scenic Interstate System or Federal-aid primary a. Funds are available to the States byway. system which before, on, or after through a grant application process to (4) Improvements to the scenic byway December 18, 1991, has been designated undertake eligible projects, as identified that will enhance access to an area for as a scenic byway under the State’s below in Paragraph 10c, for the purpose the purpose of recreation, including scenic byway program. This prohibition of: water-related recreation. would also apply to Interstate System (1) Planning, designing, and All eligible projects in this category and Federal-aid primary system developing State scenic byways must be construction alterations that are highways that are designated scenic programs, including the development of made to the scenic byway to enhance byways under the National Scenic corridor management plans. (2) Developing State and Federal existing access to recreational areas. Byways Program and All-American agencies’ designated scenic byways to Improvements are generally confined to Roads Program, whether or not they are make them eligible for designation as the right-of-way of the scenic byway. designated as State scenic byways. National Scenic Byways or All- However, the acquisition of additional (Sec. 1047, Pub. L. 102–240, 105 Stat. 1914, American Roads. right-of-way along the byway is 1948, 1996; 23 U.S.C. 131(s); 23 U.S.C. 315; (3) Enhancing or improving permitted when warranted to 49 CFR 1.48) designated National Scenic Byways or accommodate access improvements to Issued on: May 11, 1995. All-American Roads. the byway. Rodney E. Slater, b. The State highway agency (SHA) (5) Protecting historical, Administrator, Federal Highway shall be responsible for the submission archeological, and cultural resources in Administration. of grant requests to the FHWA. If the areas adjacent to the highways. [FR Doc. 95–12211 Filed 5–17–95; 8:45 am] Resource protection applies only to SHA is not the identified scenic byways BILLING CODE 4910±22±P agency, all grant requests must be those properties that contribute to the forwarded from that agency to the SHA qualities for which the highway has been designated as a scenic byway. The for submission to FHWA. DEPARTMENT OF THE TREASURY c. Eligible Projects properties must be located directly The following project activities are adjacent to the scenic byway. Resource Public Information Collection eligible for scenic byways grants: protection includes use restrictions that Requirements Submitted to OMB for (1) Planning, design, and are in the form of easements. However, Review development of State scenic byway the purchase of the resource can be programs. considered eligible only after it has been May 12, 1995 This scenic byways activity would determined that all other protection The Department of Treasury has normally apply to those States that are measures are unsuccessful. Protection of submitted the following public Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26763 information collection requirement(s) to and to the Treasury Department Estimated Number of Respondents: OMB for review and clearance under the Clearance Officer, Department of the 30,000 Paperwork Reduction Act of 1980, Treasury, Room 2110, 1425 New York Estimated Burden Hours Per Public Law 96–511. Copies of the Avenue, NW., Washington, DC 20220. Respondent: 30 minutes submission(s) may be obtained by Frequency of Response: On occasion Bureau of Alcohol, Tobacco and calling the Treasury Bureau Clearance Estimated Total Reporting Burden: Firearms (BATF) Officer listed. Comments regarding this 15,000 hours information collection should be OMB Number: 1512–0042 Clearance Officer: Robert N. Hogarth, addressed to the OMB reviewer listed Form Number: ATF F 7 (5310.12) (202) 927–8930, Bureau of Alcohol, and to the Treasury Department Type of Review: Extension Tobacco and Firearms, Room 3200, Clearance Officer, Department of the Title: Application for License, Under 18 650 Massachusetts Avenue, N.W., Treasury, Room 2110, 1425 New York U.S.C. Chapter 44, Firearms Washington, DC 20226 OMB Reviewer: Milo Sunderhauf, (202) Avenue, NW., Washington, DC 20220. Description: This form is used by the public when applying for a Federal 395–7340, Office of Management and Financial Management Service (FMS) firearms license for activities as a Budget, Room 10226, New Executive OMB Number: 1510–0055 dealer, importer, manufacturer, or Office Building, Washington, DC Form Number: SF 5805 collector. The information requested 20503 Type of Review: Extension on the form establishes eligibility for Lois K. Holland Title: Request for Funds the license. Departmental Reports Management Officer. Description: Information is required to Respondents: Individuals or [FR Doc. 95–12247 Filed 5–17–95; 8:45 am] fund respondents who are recipients households, Business or other for- BILLING CODE 4810±31±P of Federal Grants and program profit benefits. The respondents consist of Estimated Number of Respondents: State and local government agencies, 35,000 Public Information Collection municipalities, universities, and Estimated Burden Hours Per Requirements Submitted to OMB for health organizations. The information Respondent: 1 hour, 15 minutes Review is used solely to direct requested Frequency of Response: On occasion funds to the respondent’s accounts at May 9, 1995. Estimated Total Reporting Burden: The Department of Treasury has its financial institutions. 43,750 hours Respondents: Federal Government, submitted the following public OMB Number: 1512–0043 information collection requirement(s) to Business or other for-profit, State, Form Number: ATF F 8 (5310.11), Part Local or Tribal Governments OMB for review and clearance under the II Paperwork Reduction Act of 1980, Estimated Number of Respondents: 160 Type of Review: Extension Estimated Burden Hours Per Response: Public Law 96–511. Copies of the Title: Application for Renewal of 15 minutes submission(s) may be obtained by Firearms License Frequency of Response: On occasion calling the Treasury Bureau Clearance Estimated Total Reporting Burden: Description: This form is filed by the Officer listed. Comments regarding this 9,600 hours licensee desiring to renew a Federal information collection should be Clearance Officer: Jacqueline R. Perry, firearms license beyond the expiration addressed to the OMB reviewer listed (301) 344–8577, Financial date. It is used to identify the and to the Treasury Department Management Service, 3361–L 75th applicant to locate the business Clearance Officer, Department of the Avenue, Landover, MD 20785 premises, type of business conducted, Treasury, Room 2110, 1425 New York OMB Reviewer: Milo Sunderhauf, (202) and to determine the eligibility of the Avenue, NW., Washington, DC 20220. applicant. 395–7340, Office of Management and U.S. Customs Service (CUS) Budget, Room 10226, New Executive Respondents: Individuals or Office Building, Washington, DC households, Business or other for- OMB Number: 1515–0009 20503 profit Form Number: CF 3495 Type of Review: Extension Lois K. Holland, Estimated Number of Respondents: 83,000 Title: Application for Exportation Under Departmental Reports Management Officer. Estimated Burden Hours Per Special Bond [FR Doc. 95–12246 Filed 5–17–95; 8:45 am] Respondent: 20 minutes Description: Customs Form 3495 is used BILLING CODE 4810±35±P Frequency of Response: Other by importers for articles which may Estimated Total Reporting Burden: be entered temporarily into the U.S. 27,390 hours and are free of duty under bond and Public Information Collection which are exported within one year OMB Number: 1512–0519 Requirements Submitted to OMB for from date of importation. Review Form Number: ATF F 5300.34 Respondents: Business or other for- Type of Review: Extension profit May 11, 1995. Title: Questionnaire For Responsible Estimated Number of Respondents: 500 The Department of Treasury has Persons Estimated Burden Hours Per submitted the following public Description: This form is used by the Respondent: 8 minutes information collection requirement(s) to public when applying for a Federal Frequency of Response: On occasion OMB for review and clearance under the firearms license as a dealer, importer, Estimated Total Reporting Burden: Paperwork Reduction Act of 1980, or manufacturer. The information 2,000 hours Public Law 96–511. Copies of the requested on the form establishes Clearance Officer: Laverne Williams, submission(s) may be obtained by eligibility for the license used. The (202) 927–0229, U.S. Customs calling the Treasury Bureau Clearance form is also used when responsible Service, Printing and Records Officer listed. Comments regarding this persons are added to an existing Management Branch, Room 6216, information collection should be license. 1301 Constitution Avenue, N.W., addressed to the OMB reviewer listed Respondents: Individuals or households Washington, DC 20229 26764 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices OMB Reviewer: Milo Sunderhauf (202) Budget, Room 10226, New Executive Frequency of Response: Other 395–7340, Office of Management and Office Building,Washington, DC Estimated Total Reporting Burden: 210 Budget, Room 10226, New Executive 20503 hours Office Building, Washington, DC Lois K. Holland, Clearance Officer: Garrick Shear, (202) 20503 Departmental Reports Management Officer. 622–3869, Internal Revenue Service, Lois K. Holland, [FR Doc. 95–12249 Filed 5–17–95; 8:45 am] Room 5571, 1111 Constitution Avenue, N.W., Washington, DC 20224 Departmental Reports Management Officer. BILLING CODE 4830±01±P [FR Doc. 95–12248 Filed 5–17–95; 8:45 am] OMB Reviewer: Milo Sunderhauf, (202) 395–7340, Office of Management and BILLING CODE 4820±02±P Public Information Collection Budget, Room 10226, New Executive Requirements Submitted to OMB for Office Building, Washington, DC Public Information Collection Review 20503 Requirements Submitted to OMB for Lois K. Holland, Review May 11, 1995. Departmental Reports Management Officer. The Department of Treasury has [FR Doc. 95–12250 Filed 5–17–95; 8:45 am] May 11, 1995. submitted the following public BILLING CODE 4830±01±P The Department of Treasury has information collection requirement(s) to submitted the following public OMB for review and clearance under the information collection requirement(s) to Paperwork Reduction Act of 1980, Public Information Collection OMB for review and clearance under the Public Law 96–511. Copies of the Requirements Submitted to OMB for Paperwork Reduction Act of 1980, submission(s) may be obtained by Review Public Law 96–511. Copies of the calling the Treasury Bureau Clearance submission(s) may be obtained by Officer listed. Comments regarding this May 12, 1995. calling the Treasury Bureau Clearance information collection should be The Department of Treasury has Officer listed. Comments regarding this addressed to the OMB reviewer listed submitted the following public information collection should be and to the Treasury Department information collection requirement(s) to addressed to the OMB reviewer listed Clearance Officer, Department of the OMB for review and clearance under the and to the Treasury Department Treasury, Room 2110, 1425 New York Paperwork Reduction Act of 1980, Clearance Officer, Department of the Avenue, NW., Washington, DC 20220. Public Law 96–511. Copies of the Treasury, Room 2110, 1425 New York Special Request: In order to conduct the submission(s) may be obtained by Avenue, NW., Washington, DC 20220. focus group study described below in a calling the Treasury Bureau Clearance Internal Revenue Service (IRS) timely manner, the Department of Officer listed. Comments regarding this Treasury is requesting Office of information collection should be OMB Number: 1545–0927 addressed to the OMB reviewer listed Form Number: IRS Form 8390 Management and Budget (OMB) review Type of Review: Revision and approval of this information and to the Treasury Department Title: Information Return for collection by May 24, 1995. To obtain a Clearance Officer, Department of the Determination of Life Insurance copy of this survey, please write to the Treasury, Room 2110, 1425 New York Company Earnings Rate Under IRS Clearance Officer at the address Avenue, NW., Washington, DC 20220. Section 809 listed below. Internal Revenue Service (IRS) Description: Life insurance companies Internal Revenue Service (IRS) are required to provide data so the OMB Number: 1545–0010 Secretary of the Treasury can compute OMB Number: 1545–1432 Form Number: IRS Form W–4 the: (1) stock earnings rate of the 50 Project Number: PC:V 95–005–G Type of Review: Extension Title: Employee’s Withholding largest stock companies; and (2) Type of Review: Revision Title: Info/California Kiosks Focus Allowance Certificate average mutual earnings rate. These Group Study Description: Employees file this form to factors are used to compute the Description: The IRS currently has six tell employers (1) the number of differential earnings rate which will (6) applications residing on kiosks in withholding allowances claimed, (2) determine the tax liability for mutual the state of California. The state effort dollar amount they want the life insurance companies. is known as Info/California and will Respondents: Business or other for- withholding increased each pay involve approximately 100 kiosks profit period, and (3) if they are entitled to Estimated Number of Respondents/ distributed around the state by the claim exemption from withholding. Recordkeepers: 150 end of May, 1995. The IRS Employers use this information to Estimated Burden Hours Per applications are currently information figure the correct tax to withhold from Respondent/Recordkeeper: only; however, interactive the employee’s wages. Recordkeeping—56 hours, 41 minutes applications are planned as well. Info/ Respondents: Individuals or Learning about the law or the form— California is serving as a testbed for households, Business or other for- 3 hours, 28 minutes our research effort in this arena. profit, Not-for-profit institutions, Preparing and sending the form to the Results from this project will be Federal Government, State, Local or IRS—4 hours, 34 minutes useful to guide our participation in Tribal Government Frequency of Response: Annually the National Kiosk Network project Estimated Number of Respondents/ Estimated Total Reporting Burden: (part of the National Performance Recordkeepers: 54,209,079 9,706 hours Review). Estimated Burden Hours Per Clearance Officer: Garrick Shear, (202) Respondents: Individuals or households Respondent/Recordkeeper: 622–3869, Internal Revenue Service, Estimated Number of Respondents: 60 Recordkeeping—46 min. Room 5571, 1111 Constitution Estimated Burden Hours Per Learning about the law or the form— Avenue, N.W., Washington, DC 20224 Respondent: 10 min. OMB Reviewer: Milo Sunderhauf, (202) Interview—2 hours Preparing the form—69 min. 395–7340, Office of Management and Travel time—1 hour Frequency of Response: On occasion Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26765 Estimated Total Reporting/ undistributed capital gains designated Estimated Number of Respondents/ Recordkeeping Burden: 112,754,884 under Internal Revenue Code (IRC) Recordkeepers: 407,719 hours section 852(b)(3)(D). IRS uses this Estimated Burden Hours Per OMB Number: 1545–0051 information to determine the correct Respondent/Recordkeeper: Form Number: IRS Form 990–C tax. Recordkeeping—2 hr., 57 min. Type of Review: Extension Respondents: Business or other for- Learning about the law or the form— Title: Farmers’ Cooperative Association profit 4 min. Income Tax Return Estimated Number of Respondents/ Preparing the form—1 hr., 2 min. Recordkeepers: 100 Description: Form 990–C is used by Copying, assembling, and sending the Estimated Burden Hours Per farmers’ cooperatives to report the tax form to the IRS—20 min. imposed by section 1381. IRS uses the Respondent/Recordkeeper: Recordkeeping—7 hr., 39 min. Frequency of Response: Annually information to determine whether the Estimated Total Reporting/ tax is being properly reported. Learning about the law or the form— 35 min. Recordkeeping Burden: 1,789,886 Respondents: Business or other for- hours profit, Farms Preparing and sending the form to the Estimated Number of Respondents/ IRS—45 min. OMB Number: 1545–0390 Recordkeepers: 5,600 Frequency of Response: Annually Form Number: IRS Form 5306 Estimated Burden Hours Per Estimated Total Reporting/ Type of Review: Extension Respondent/Recordkeeper: Recordkeeping Burden: 899 hours Title: Application for Approval of Recordkeeping—77 hr., 15 min. OMB Number: 1545–0160 Prototype or Employer Sponsored Learning about the law or the form— Form Number: IRS Form 3520–A Individual Retirement Account 24 hr., 52 min. Type of Review: Extension Description: This application is used by Preparing the form—42 hr., 7 min. Title: Annual Return of Foreign Trust employers who want to establish an Copying, assembling, and sending the with U.S. Beneficiaries individual retirement account trust to form to the IRS—4 hr., 17 min. Description: Section 6048(c) requires be used by their employees. The Frequency of Response: Annually that foreign trusts with at least one application is also used by persons Estimated Total Reporting/ U.S. beneficiary must file an annual who want to establish approved Recordkeeping Burden: 831,656 hours information return on Form 3520–A. prototype individual retirement The form is used to report the income accounts or annuities. The data OMB Number: 1545–0129 and deductions of the foreign trust. Form Number: IRS Form 1120–POL collected is used to determine if plans IRS uses Form 3520–A to determine if Type of Review: Extension may be approved. the U.S. owner of the trust has Title: U.S. Income Tax Return for Respondents: Business or other for- included the net income of the trust Certain Political Organizations profit in its gross income. Description: Certain political Respondents: Individuals or Estimated Number of Respondents/ organizations file Form 1120–POL to households, Business or other for- Recordkeepers: 600 report the tax imposed by section 527. profit Estimated Burden Hours Per The form is used to designate a Estimated Number of Respondents/ Respondent/Recordkeeper: principal business campaign Recordkeepers: 500 Recordkeeping—11 hr., 58 min. committee that is subject to a lower Estimated Burden Hours Per Learning about the law or the form— rate of tax under section 527(h). IRS Respondent/Recordkeeper: 18 min. uses Form 1120–POL to determine if Recordkeeping—29 hr., 25 min. Preparing and sending the form to the the proper tax was paid. Learning about the law or the form— IRS—30 min. Respondents: Not-for-profit institutions 53 min. Frequency of Response: On occasion Estimated Number of Respondents/ Preparing and sending the form to the Estimated Total Reporting/ Recordkeepers: 6,527 IRS—1 hr., 25 min. Recordkeeping Burden: 7,662 hours Estimated Burden Hours Per Frequency of Response: Annually OMB Number: 1545–0890 Respondent/Recordkeeper: Estimated Total Reporting/ Recordkeeping—15 hr., 32 min. Recordkeeping Burden: 15,860 hours Form Number: IRS Form 1120–A Type of Review: Extension Learning about the law or the form— OMB Number: 1545–0187 6 hr., 23 min. Form Number: IRS Form 4835 Title: U.S. Corporation Short-Form Preparing the form—15 hr., 18 min. Type of Review: Extension Income Tax Return Copy, assembling, and sending the Title: Farm Rental Income and Expenses Description: Form 1120–A is used by form to the IRS—2 hr., 25 min. Description: This form is used by small corporations, those with less Frequency of Response: Annually landowners (or sub-lessors) to report than $500,000 of income and assets, Estimated Total Reporting/ farm income based on crops or to compute their taxable income and Recordkeeping Burden: 258,730 hours livestock produced by the tenant tax liability. The IRS uses Form 1120– OMB Number: 1545–0144 when the landowner (or sub-lessor) A to determine whether corporations Form Number: IRS Form 2438 does not materially participate in the have correctly computed their tax Type of Review: Extension operation or management of the farm. liability. Title: Regulated Investment Company This form is attached to Form 1040 Respondents: Business or other for- undistributed Capital Gains Tax and the data is used to determine profit, Farms Return whether the proper amount of rental Estimated Number of Respondents/ Description: Form 2438 is used by income has been reported. Recordkeepers: 285,777 regulated investment companies to Respondents: Individuals or Estimated Burden Hours Per figure capital gains tax on households, Farms Respondent/Recordkeeper: 26766 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices Copying, assembling, Form Recordkeeping Learning about the Preparing the form and sending, the form law or the form to the IRS 1120 ...... 71 hours, 16 minutes . 41 hours, 8 minutes ... 72 hours, 2 minutes ... 8 hours, 2 minutes. 1120±A ...... 43 hours, 3 minutes ... 23 hours, 44 minutes . 41 hours, 18 minutes . 4 hours, 34 minutes. Sched. D (1120) ...... 6 hours, 56 minutes ... 3 hours, 31 minutes ... 5 hours, 39 minutes ... 0 hours, 32 minutes. Sched. H (1120) ...... 5 hours, 59 minutes ... 0 hours, 35 minutes ... 0 hours, 43 minutes ... 0 hours, 0 minutes. Sched. PH (1120) ...... 15 hours, 19 minutes . 6 hours, 6 minutes ..... 8 hours, 29 minutes ... 0 hours, 32 minutes. Frequency of Response: Annually 5 min. Office Building, Washington, DC Estimated Total Reporting/ Preparing the form—22 min. 20503 Recordkeeping Burden: 32,192,779 Copying, assembling, and sending the Lois K. Holland, hours form to the IRS—20 min. Departmental Reports Management Officer. OMB Number: 1545–0967 Frequency of Response: Annually [FR Doc. 95–12251 Filed 5–17–95; 8:45 am] Form Number: IRS Form 8453–F Estimated Total Reporting Burden: BILLING CODE 4830±01±P Type of Review: Extension 45,000 hours Title: U.S. Estate or Trust Income Tax Declaration and Signature for OMB Number: 1545–1255 Internal Revenue Service Electronic and Magnetic Media Filing Regulation ID Number: INTL–0870–89 Description: This form is used to secure NPRM Tax on Certain Imported Substances taxpayer signatures and declarations Type of Review: Extension (Acrylic Fiber (93% Acrylonitrile, 7% in conjunction with electronic and Title: Earnings Stripping Under Section Vinyl Acetate)); Rejection of Petition magnetic media filing of trust and 163(j) AGENCY: Internal Revenue Service (IRS), fiduciary income tax returns. This Description: Certain taxpayers are Treasury. form, together with the electronic and allowed to write off the fixed basis of ACTION: Notice. magnetic media transmission, will the stock of an acquired corporation comprise the taxpayer’s income tax rather than use the adjusted basis of SUMMARY: This notice announces the return (1041). the assets of the acquired corporation. rejection, under Notice 89–61, of a Respondents: Individuals or Respondents: Business or other for- petition requesting that acrylic fiber households, Business of other for- profit (93% acrylonitrile, 7% vinyl acetate) be profit Estimated Number of Respondents: 1 added to the list of taxable substances Estimated Number of Respondents/ in section 4672(a)(3). Recordkeepers: 1,000 Estimated Burden Hours Per FOR FURTHER INFORMATION CONTACT: Estimated Burden Hours Per Respondent: 1 hour Ruth Hoffman, Office of Assistant Chief Respondent/Recordkeeper: Frequency of Response: Annually Counsel (Passthroughs and Special Recordkeeping—7 min. Estimated Total Reporting Burden: 1 Industries), (202) 622–3130 (not a toll- Learning about the law or the form— hour free number). 4 min. OMB Number: 1545–1424 Preparing the form—18 min. SUPPLEMENTARY INFORMATION: On April Copying, assembling, and sending the Form Number: IRS Form 1099–C 14, 1992, a Notice of Receipt of Petitions form to the IRS—20 min. Type of Review: Extension was published in the Federal Register Frequency of Response: Annually Title: Cancellation of Debt (57 FR 12956) announcing the receipt of Estimated Total Reporting/ Description: Form 1099–C is used for a petition submitted by Monsanto Recordkeeping Burden: 810 hours reporting canceled debt, as required Company requesting that acrylic fiber OMB Number: 1545–1033 by section 6050P of the Internal (93% acrylonitrile, 7% vinyl acetate) be Form Number: IRS Form 8453–E Revenue Code. It is used to verify that added to the list of taxable substances Type of Review: Extension debtors are correctly reporting their in section 4672(a)(3). Notice 89–61, Title: Employee Benefit Plan Declaration income. 1989–1 CB 717, provides that the term substance excludes textile fibers and and Signature for Electronic/ Respondents: Business or other for- therefore acrylic fiber is not a substance Magnetic Media Filing profit, Not-for-profit institutions, for which a petition may be accepted. Description: This form will be used to Federal Government Accordingly, the petition is rejected. secure taxpayer signatures and Estimated Number of Respondents: Dale D. Goode, declarations in conjunction with the 1,000,000 Electronic Filing of Forms 5500, Federal Register Liaison Officer, Assistant Estimated Burden Hours Per Chief Counsel (Corporate). 5500–C/R, and 5500EZ. These forms, Respondent/Recordkeeper: 11 [FR Doc. 95–12176 Filed 5–17–95; 8:45 am] together with the electronic minutes transmission, will comprise the BILLING CODE 4830±01±U Frequency of Response: Annually annual information returns. Respondents: Individuals or Estimated Total Reporting Burden: households, Business or other for- 950,000 hours UNITED STATES INFORMATION profit Clearance Officer: Garrick Shear, (202) AGENCY Estimated Number of Respondents/ 622–3869, Internal Revenue Service, Recordkeepers: 50,000 Room 5571, 1111 Constitution College and University Affiliations Estimated Burden Hours Per Avenue, NW., Washington, DC 20224 Program (CUAP): Application Notice Respondent/Recordkeeper: OMB Reviewer: Milo Sunderhauf, (202) for Fiscal Year 1996 Recordkeeping—7 min. 395–7340, Office of Management and ACTION: Notice; Request for proposals. Learning about the law or the form— Budget, Room 10226, New Executive Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26767 SUMMARY: The Office of Academic ANNOUNCEMENT NAME AND NUMBER: All also ensure that the disc is free of Programs of the United States communications with USIA concerning viruses. Information Agency’s Bureau of this announcement should refer to the SUPPLEMENTARY INFORMATION: Pursuant Educational and Cultural Affairs College and University Affiliations to the Bureau’s authorizing legislation, announces an open competition for an Program and reference number E/ASU– programs must maintain a nonpolitical assistance award program. Accredited, 96–01. character and should be balanced and post-secondary educational institutions DEADLINE FOR PROPOSALS: All copies representative of the diversity of meeting the provisions described in IRS must be received at the U.S. Information American political, social, and cultural regulation 26 CFR 1.501(c)(3)–1 may Agency by 5 p.m. Washington, DC time life. ‘‘Diversity’’ should be interpreted apply to develop a partnership with on Thursday, November 9, 1995. Faxed in the broadest sense and encompass foreign institution(s) of higher education documents will not be accepted, nor differences including but not limited to in the arts, humanities, and social will documents postmarked on race, gender, religion, geographic sciences. Proposed projects must be November 9, 1995, but received on a location, socio-economic status, and eligible in terms of country(ies)/regions later date. It is the responsibility of each physical challenges. Applicants are and academic disciplines or themes as applicant to ensure compliance with the strongly encouraged to adhere to the described in the section entitled deadline. advancement of this principle. ‘‘Guidelines’’ below. Participating Approximate program dates: Grants The Agency encourages proposals institutions exchange faculty and staff should begin on or about July 1, 1996. from eligible Historically Black Colleges for a combination of teaching, lecturing, Duration: July 1, 1996–June 30, 1999. and Universities, the members of the curriculum development, faculty Hispanic Association of Colleges and FOR FURTHER INFORMATION CONTACT: development, collaborative research, Universities, and other institutions in and outreach for periods of one month Office of Academic Programs; Advising, the U.S. with at least 25% minority or longer. Teaching, and Specialized Programs (Native American or Native Alaskan; Division; College and University The program awards grants up to Asian American or Pacific Islander; Affiliations Program (CUAP), (E/ASU), African American or Black Non- $120,000 for a three-year period to Room 349, U.S. Information Agency, defray the cost of travel and per diem Hispanic; or Hispanic) student 301 4th Street, SW., Washington, DC enrollment. with an allowance for educational 20547, phone: (202) 619–5289, fax: (202) materials and project administration. 401–1433, e-mail: [email protected], to Overview Subject to the availability of funding, a request a Solicitation Package, which Objectives minimum of two grants will be awarded includes more detailed award criteria; for each of the six geographic regions all application forms; and guidelines for The CUAP’s short-term goal is to described below (Africa; American preparing proposals, including specific provide partial funding of linkages Republics; East Asia and Pacific; East/ criteria for preparation of the proposal between U.S. and foreign institutions of Central Europe and the New budget. Please specify USIA Program higher education featuring faculty and Independent States; North Africa, Near Officer Ms. Sue Borja on all inquiries staff exchanges for the purpose of East, and South Asia; and Western and correspondence. Prospective teaching, lecturing, faculty Europe). The award of grants for North applicants should read the complete development, curriculum development, American trilateral projects (described Federal Register announcement before collaborative research, and outreach. below) will be subject to the final addressing inquiries to the College and The program’s long-term goals are to: program budget. University Affiliations Program staff or (1) Advance mutual understanding between the U.S. and other countries or Overall grant making and funding submitting their proposals. Once the regions by supporting linkages which authority for this program is contained RFP deadline has passed, the College provide true reciprocity and significant in the Mutual Educational and Cultural and University Affiliations Program staff mutual benefit. Exchange Act of 1961, Public Law 87– may not discuss this competition in any (2) Diversify and expand international 256, as amended, also known as the way with applicants until the Bureau educational exchanges by: proposal review process has been Fulbright-Hays Act. The purpose of the • Ensuring a widespread geographic completed. Act is ‘‘to enable the Government of the distribution of grants throughout the United States to increase mutual ADDRESSES: Applicants must follow all U.S. and abroad; understanding between the people of instructions given in the Solicitation • Targeting academic disciplines and the United States and the people of Package. The original and 10 copies of countries/regions which are not other countries * * *; to strengthen the the complete application should be sent otherwise significantly represented in ties which unite us with other nations to: U.S. Information Agency, Ref.: E/ privately funded exchanges; by demonstrating the educational and ASU–96–01, Office of Grants • Increasing the participation of two- cultural interests, developments, and Management, E/XE, Room 336, 301 4th year/community colleges, small four- achievements of the people of the St., SW., Washington, DC 20547. year schools, and schools with United States and other nations * ** Applicants must also submit to E/XE significant (over 25%) minority student and thus to assist in the development the ‘‘Executive Summary’’, ‘‘Proposal’’, enrollments; and of friendly, sympathetic and peaceful and ‘‘Budget’’ sections (in no more than • Complementing the individual relations between the United States and 1 three files) of each proposal on a 3 ⁄2’’ lectureships, research and graduate the other countries of the world.’’ The diskette, formatted for DOS. This study fellowships, and training funding authority for the program cited material should be provided in ASCII programs available under Fulbright and above is provided through the Fulbright- text (DOS) format with a maximum line other Agency auspices. Hays Act. length of 65 characters. USIA will (3) Foster post-secondary institutional Projects must conform with Agency transmit these files electronically to academic development by supporting requirements and guidelines outlined in USIS posts overseas for their review, linkages which promise to develop the Solicitation Package. USIA Projects with the goal of reducing processing expertise and advance scholarship and are subject to the availability of funds. time for grants to a minimum. Please teaching. 26768 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices (4) Encourage U.S. government/ U.S. government linkage programs, or (5) One of the partner institutions is private sector cooperation by supporting other, similar linkage programs. ineligible; linkages which provide significant cost Proposals for feasibility studies to plan (6) The foreign geographic location is sharing from both the U.S. and foreign affiliations will not be considered. ineligible; partner(s). An ideal and most competitive (7) The project involves a partnership (5) Encourage long-term impact on all proposal provides significant with more than one country with the partner institutions by supporting institutional support and cost sharing exception of trilateral projects under the linkages which promise sustainability from both the U.S. and foreign APEC theme within East Asia and North beyond the three-year grant term. institution(s) and promises America (U.S./Canada/Mexico) trilateral (6) Further U.S. foreign policy sustainability beyond the grant term. projects; objectives by supporting linkages which The U.S. institution(s) should (8) The academic discipline/theme is correspond to the Agency’s geographic collaborate with the foreign partner(s) in ineligible. and thematic programming priorities. planning and preparation. When (9) The budget exceeds $120,000 for Guidelines planning the project, U.S. and foreign the three-year project. institutions are strongly encouraged to The ideal and most competitive Eligible Countries/Regions and consult with the Cultural Affairs Officer Academic Disciplines proposal is reciprocal with mutual goals (CAO) or Public Affairs Officer (PAO) at and benefits for all partner institutions. the appropriate U.S. Information Service The competition is limited to selected While the goals and benefits should be (USIS) office at the U.S. Embassy or U.S. countries/regions and certain academic mutual, they do not need to be identical Consulate and with the Fulbright disciplines or themes which represent for each partner institution or precisely Commission, where one exists, in the USIA’s geographic and thematic balanced among partner institutions. appropriate country. priorities for the College and University One-way, technical assistance projects Affiliations Program. are not acceptable. U.S. Partner and Participant Eligibility A proposal may include more than The ideal and most competitive In the U.S., participation in the one eligible academic discipline or proposal includes a series of year-round, program is open to accredited two- and theme but should be justified in the faculty and staff exchange visits four-year colleges and universities, proposal narrative. Please note: involving a well-reasoned combination including graduate schools. American studies includes the fields of of teaching, lecturing, faculty Applications from consortia of U.S. American History and Civilization, development, curriculum development, colleges and universities are eligible. Literature, Social Sciences, and Art. collaborative research, and outreach. The lead U.S. institution is responsible The program invites proposals for These activities must address and for submitting the application and each bilateral projects only, involving the support stated project goals, develop application from a consortium must be U.S. and one foreign country with the expertise, and advance scholarship and submitted by a member institution with following exceptions: teaching. These activities may vary in stated authority to represent the • Proposals submitted for trilateral emphasis within the project. For consortium. Participants representing projects under the APEC (Asia Pacific example, collaborative research may the U.S. institution who are traveling Economic Cooperation) theme described play a lesser role than curriculum under USIA grant funds must be U.S. below under the East Asia and Pacific development. Library support and citizens. section. development should be included if • Proposals submitted for trilateral deemed critical to the success and Foreign Partner and Participant projects linking U.S., Canadian, and sustainability of the project. Eligibility Mexican institution(s) described below Exchange visits must be for a Overseas, participation is open to under the North American trilateral minimum of one month, with the recognized, degree-granting institutions exchanges section. exception of planning visits, which may of post-secondary education and Africa (AF) be for a shorter period. A competitive internationally recognized and highly proposal includes a minimum of one, regarded independent research Eligibility is open to the following quarter or semester-long visit each year institutes. Participants representing the sub-Saharan African countries: from each of the U.S. and the foreign foreign institutions must be citizens, Cameroon, Ethiopia, Ghana, Malawi, partner(s). Projects with multiple visits nationals, or permanent residents of the Mozambique, Namibia, Senegal, South one quarter or semester in length will be country of the foreign partner and be Africa, Zambia, Zimbabwe, and Uganda. more competitive. Visits by the U.S. and qualified to hold a valid passport. In the Eligible academic disciplines are the foreign project coordinators as well as case of a partnership with an institution social sciences and humanities and other key exchanges should be in one of the New Independent States those disciplines which focus on the identified and justified in the proposal (NIS), foreign participants with themes of rule of law and democratic narrative. citizenship in any of the NIS are institution building: law, political An ideal project builds upon previous eligible. science/government/public policy/ contacts and interaction between the public administration, economics/ proposed partners, such as individual Ineligibility business, journalism/communications, faculty or student exchanges, to help A proposal will be deemed and education. ensure a solid foundation for the technically ineligible if: American Republics (AR) linkage. Acceptable proposals must (1) It does not fully adhere to the either establish new institutional guidelines established herein and in the Eligibility is open to the following affiliations or innovate existing Solicitation Package; countries and academic disciplines: partnerships and must not merely (2) It is not received by the deadline; Bolivia, El Salvador, Guatemala, extend projects previously funded by (3) The length of the proposed project Guyana, Haiti, Honduras, Nicaragua, the College and University Affiliations is less than three years; Panama, Paraguay, Suriname, and Program (formerly the ‘‘University (4) It is not submitted by the U.S. Trinidad. Eligible academic disciplines Affiliations Program’’), other USIA or partner; are American studies, historic/cultural Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26769 heritage preservation, public North Africa, Near East, and South amount. All indirect costs are administration, environmental studies, Asia (NEA) unallowable. and sustainable development. Eligibility is open to the following Grants awarded to eligible organizations with less than four years East Asia and Pacific (EA) countries/regions and academic disciplines: Jordan (Civic of experience in conducting Eligibility is open to the following Administration), Syria (Social Sciences), international exchange programs will be limited to $60,000. countries and academic disciplines: Pakistan (American/area studies), and Applicants must submit a Hong Kong (American studies, area the West Bank/Gaza (public administration). comprehensive, line-item budget for the studies, humanities, and social entire project. There must be a summary sciences), Mongolia (American studies, Western Europe (WEU) budget as well as a breakdown, by year, political science, and social sciences); Eligibility is limited to institutions reflecting both the administrative Papua New Guinea (education, located in the following geographically budget and the program budget. Please environmental studies, and social or culturally distinct regions in Western refer to the Solicitation Package (POGI) sciences); and Thailand (American Europe: eastern Germany, Northern for complete formatting instructions studies, economics, and sustainable Ireland, the Basque region of Spain, rather than the generic budget format development). northern Greece (Macedonia), and detailed in the Proposal Submission APEC (Asia Pacific Economic southwest Turkey (Izmir). Eligible Instructions (PSI). Cooperation) Exchanges academic disciplines are American Allowable Costs studies and political science. Trilateral projects linking an (1) International, economy-class North America Trilateral Exchanges institution in the U.S. with institutions airfare for participants. Travel must be in two other APEC member economies Eligibility is open to trilateral projects on U.S. flag carriers wherever such routes exist. in the East Asia and Pacific region are linking institution(s) in the U.S. with (2) Domestic, economy-class travel to also eligible. The eligible APEC institution(s) in Canada and Mexico. other academic institutions, libraries for members are: Australia, Brunei, China, Eligible academic disciplines are the arts, humanities, comparative education research, and conferences while in the Hong Kong, Indonesia, Japan, Korea, host country, which are directly related Malaysia, New Zealand, Papua New and culture, business, trade, economics, and environmental studies. to the project. Guinea, The Philippines, Singapore, (3) Per diem for lodging, meals, and Thailand, and Chinese Taipei. Visa Requirements incidentals. Trilateral APEC proposals must Programs must comply with J–1 (4) Educational materials, excluding address issues concerned with regional exchange visitor visa regulations. Please computer hardware, not to exceed economic growth and development that refer to program specific guidelines in $12,000 for three years. envision a community of Asia Pacific the Solicitation Package (POGI) for (5) One planning trip for one economies. Proposals must have a further details. participant per partner institution. regional emphasis that focuses on one or (6) Health insurance for foreign Tax Requirements participants only, while on project- more of the following academic related travel to the U.S. Please note: disciplines: economics (emphasis on Administration of the program must Health insurance is compulsory for all international economics/trade and be in compliance with reporting and withholding regulations for federal, U.S. and foreign participants. investment flows), business state, and local taxes as applicable. administration (emphasis on marketing Unallowable Costs Recipient organizations should and international business), and the demonstrate tax regulation adherence in (1) Expenses for student exchanges. environment (emphasis on sustained the proposal narrative and budget. (2) Travel and per diem for growth and the environment). dependents. Health Insurance Requirements (3) Any costs for non-U.S. citizens or East/Central Europe and the New nationals from U.S. institutions, or Independent States (EEN) The grant recipient is responsible for enrolling exchange participants in a citizens of other than the host country Eligibility is open to the following health and accident insurance plan that representing foreign institutions (except countries and academic disciplines: meets the basic requirements of the J– for the New Independent States as Romania (American studies, 1 Visa. Insurance costs for only the stated in the eligibility section above). environmental studies, urban planning, foreign exchange participants are an (4) Indirect costs. Please refer to the Solicitation civic education); Russia excluding allowable expense under this program. Package for complete budget guidelines. institutions in Moscow and St. Please refer to program specific Petersburg (American studies, guidelines in the Solicitation Package Review Process (POGI) for further details. environmental studies, educational USIA will acknowledge receipt of all administration, public administration, Travel proposals and will review them for library science); Ukraine (law, American The assistance award recipient must technical eligibility. Proposals will be studies, environmental studies, library arrange all travel through their own deemed ineligible if they do not fully science); Belarus (agricultural travel agent. adhere to the guidelines stated herein economics, environmental studies, and in the Solicitation Package. Eligible educational administration, information Proposed Budget proposals will be forwarded to outside sciences); Uzbekistan (public No funding award will exceed a total academic panels and Agency officers for administration, environmental studies, of $120,000 for the three-year grant advisory review. All eligible proposals agricultural economics); and Moldova term. Support for direct administrative will be reviewed by the Agency (public administration, market costs associated with grant activities contracts office. proposals will also be economics, law). will not exceed 20% of the total grant reviewed by the appropriate regional 26770 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices office, i.e., the USIA Office of African goals. Relevant factors are: the match modified by any USIA representative. Affairs (AF), Office of American between partners; the financial and Explanatory information provided by Republics Affairs (AR), Office of East political stability of the institutions; and the Agency that contradicts published Asian and Pacific Affairs (EA), Office of availability of a critical mass of faculty language will not be binding. Issuance East European and Canadian Affairs willing and able to participate. of the RFP does not constitute an award (WEU) and the Office of North African, (7) Evidence of strong institutional commitment on the part of the Near Eastern, and South Asian Affairs commitment by all participating Government. The needs of the program (NEA) and relevant USIA posts institutions, including demonstration of may require the award to be reduced, overseas, where appropriate. Proposals relevant and successful prior revised, or increased. Final awards may also be reviewed by the Office of interactions between institutions and an cannot be made until funds have been the General Counsel or by other Agency indication of collaborative proposal fully appropriated by Congress and elements. Funding decisions are at the planning. allocated and committed through discretion of the USIA Associate (8) Evidence of a strong commitment internal USIA procedures. Director for Educational and cultural to internationalization by participating Notification Affairs. Final technical authority for institutions (i.e., developing other assistance awards (grants or cooperative international projects and/or building All applicants will be notified of the agreements) resides with the USIA upon past international activities). results of the review process on or about contracts officer. (9) An effective evaluation plan which July 1, 1996. Awards will be subject to defines and articulates a list of periodic reporting and evaluation Review Criteria anticipated outcomes clearly related to requirements. Technically eligible applications will the project goals and activities and Dated: May 11, 1995. be competitively reviewed according to procedures for on-going monitoring ad the criteria stated below. These criteria mid-term corrective action. Dell Pendergrast, are not rank ordered and all carry equal Deputy Associate Director, Bureau of Agency Review Criteria weight in proposal evaluation: Educational and Cultural Affairs. (1) Clear indication that the proposal [FR Doc. 95–12174 Filed 5–17–95; 8:45 am] Academic Review Criteria seeks to establish a truly reciprocal and BILLING CODE 8230±01±M Proposals are reviewed by mutually beneficial institutional independent academic peer panels, with affiliation overseas or to innovate an geographic and disciplinary expertise, existing affiliation. The benefits do not Advisory Commission on Public which make comments and have to be the same for each partner or Diplomacy Meeting recommendations to the Agency based precisely balanced, but must be AGENCY: United States Information on the following criteria: essentially mutual. Agency. (1) Reasonable and feasible project (2) Positive assessment of program objectives which are clearly related to need, feasibility, and potential impact ACTION: Notice. the project plan and activities. by the relevant USIA post overseas. (2) Appropriate and feasible project (3) Academic quality, reflected in the SUMMARY: A meeting of the U.S. plans and a detailed schedule which academic review panel’s comments and Advisory Commission on Public must include a well-reasoned recommendations. Diplomacy will be held on May 17 at combination of useful and appropriate (4) Institutional and geographic the national Foreign Affairs Training teaching, lecturing, faculty diversity of the U.S. and overseas Center for 10 a.m.–12:15 p.m. The development, curriculum development, institutions (i.e., racial, ethnic, and Commission will be given an overview collaborative research, and outreach. gender composition of student of the National Foreign Affairs Training Activities should be clearly related to enrollments; small underrepresented Center by Acting Deputy Director Barry the project objectives, but not institutions, two-year/community Wells. At 11 a.m. the Commission will necessarily equally emphasized within colleges, and institutions in hold a panel discussion on Public the proposal. underrepresented geographic locations). Diplomacy Training. The panelists are (3) Inclusion of exchange visits of a (5) The promise of sustainability and Mr. Berry Wells, Acting Deputy length which will further the project long-term impact which should be Director, National Foreign Affairs goals and activities. Visits of one month reflected in a plan for continued, non- Training Center; Mr. Gregory Lagana, or less are kept to a minimum (except U.S. government support and follow-on Director, Training Division, USIA; and planning visits); visits of one academic activities. Ms. Diana Weston, Chair, Task Force in quarter or semester are strongly (6) Cost effectiveness (i.e., competitive Public Affairs Training, Department of preferred. cost sharing, sufficient number of State. (4) Promise of the development of participant exchanges relative to the FOR FURTHER INFORMATION CONTACT: expertise and the advancement of project goals and plan). Please call Betty Hayes, (202) 619–4468, scholarship and teaching in the eligible (7) Institutional track record and if you are interested in attending the academic disciplines or themes. ability. The Agency will consider the meeting. (5) Quality of exchange participants’ past performance of prior recipients and academic credentials, skills, and the demonstrated potential of new Dated: May 12, 1995. experience relative to the goals and applicants. Rose Royal, activities of the project plan (e.g., Management Analyst, Federal Register language skills). Notice Liaison. (6) Institutional resources adequate The terms and conditions published [FR Doc. 95–12173 Filed 5–17–95; 8:45 am] and appropriate to achieve the project’s in this RFP are binding and may not be BILLING CODE 8230±01±M 26771 Sunshine Act Meetings Federal Register Vol.60, No. 96 Thursday, May 18, 1995 This section of the FEDERAL REGISTER ITEM TO BE DISCUSSED: ITEM TO BE DISCUSSED: contains notices of meetings published under the ``Government in the Sunshine Act'' (Pub. Compliance matters pursuant to 2 U.S.C. Future Meetings. L. 94-409) 5 U.S.C. 552b(e)(3). § 437g. Correction and Approval of Minutes. Audits conducted pursuant to 2 U.S.C. Presidential Primary and General Election § 437g, § 438(b), and Title 26, U.S.C. Regulations: Draft Final Rules and Matters concerning participation in civil Explanation and Justification (continued FEDERAL ELECTION COMMISSION actions or proceedings or arbitration. from meeting of May 17, 1995). Internal personnel rules and procedures or Administrative Matters. DATE AND TIME: Tuesday, May 23, 1995 matters affecting a particular employee. at 10:00 a.m. PERSON TO CONTACT FOR INFORMATION: DATE AND TIME: Wednesday, May 24, Mr. Ron Harris, Press Officer, PLACE: 999 E Street, NW., Washington, 1995 at 10:00 a.m. Telephone: (202) 219–4155. D.C. PLACE: 999 E Street, NW., Washington, Marjorie W. Emmons, STATUS: This meeting will be closed to D.C. (Ninth Floor). Secretary of the Commission. the public. STATUS: This meeting will be open to the [FR Doc. 95–12336 Filed 5–16–95; 11:05 am] Public. BILLING CODE 6715±01±M 26772 Corrections Federal Register Vol. 60, No. 96 Thursday, May 18, 1995 This section of the FEDERAL REGISTER contains editorial corrections of previously published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are prepared by the Office of the Federal Register. Agency prepared corrections are issued as signed documents and appear in the appropriate document categories elsewhere in the issue. FEDERAL MARITIME COMMISSION Cancellation of Tariffs of Common Carriers by Water in the Foreign Commerce of the United States for Failure to File Anti-Rebate Certifications Correction In notice document 95–11833 beginning on page 25910 in the issue of Monday, May 15, 1995, the heading for Attachment B was inadvertently omitted and should appear as follows: On page 25912, in the second column, from the bottom of the page the following heading should appear between the tenth and eleventh lines: Attachment B: Common Carriers by Water and Licensed Ocean Freight Forwarders in the Foreign Commerce of the United States That Have Complied With Requirements of 46 CFR Part 582, Have Canceled Their Tariffs or Have had Their Freight Forwarder Licenses Revoked BILLING CODE 1505±01±D UNITED STATES INFORMATION AGENCY Culturally Significant Objects Imported for Exhibition; Determination Correction In notice document 95–11914 appearing on page 25940 in the issue of Monday, May 15, 1995, in the first paragraph, in the next to last line, ‘‘December 56, 1995,’’ should read ‘‘December 5, 1995,’’. BILLING CODE 1505±01±D federal register May 18,1995 Thursday Proposed Rule Developmental DisabilitiesProgram; 45 CFRPart1385etal. Administration forChildrenandFamilies Services Health andHuman Department of Part II 26773 26774 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules DEPARTMENT OF HEALTH AND disabilities designated as developmental Act through Fiscal Year 1993 and made HUMAN SERVICES disabilities. The 1970 Amendments revisions that: defined developmental disabilities to (1) Add to the purpose of the Act the Administration for Children and include individuals with mental commitment toward enabling all people Families retardation, cerebral palsy, epilepsy and with developmental disabilities, other neurological conditions closely including those with severe disabilities, 45 CFR Parts 1385, 1386, 1387 and related to mental retardation which to achieve interdependence and 1388 originated prior to age 18 and inclusion into society; RIN 0970±AB11 constituted a substantial disability. It (2) Strengthen the independence of also created State Planning Councils to State Protection and Advocacy systems; Developmental Disabilities Program advocate for, plan, monitor and evaluate (3) Establish core awards for services for persons with developmental AGENCY: Administration on University Affiliated Programs training disabilities; and authorized grants for Developmental Disabilities, projects; and constructing, administering and Administration for Children and operating University Affiliated (4) Broaden the purpose of Projects of Families, HHS. Facilities. The legislation authorizing National Significance to include ACTION: Notice of proposed rulemaking the Developmental Disabilities program supportive living and quality of life opportunities. SUMMARY: has been revised periodically. The major This rule proposes The Developmental Disabilities clarifications and new requirements to changes of note included the following: (1) The 1975 Amendments (Pub. L. Assistance and Bill of Rights Act implement changes made by the Amendments of 1994, Pub. L. 103–230, Developmental Disabilities Assistance 94–103) deleted the construction authority, authorized studies to (the Act), extends authorization of and Bill of Rights Act Amendments of appropriations for programs under the 1990 and the Developmental Disabilities determine the feasibility of having University Affiliated Facilities establish Act through Fiscal Year 1996 and made Assistance and Bill of Rights Act revisions that: Amendments of 1994. Satellite Centers, established the Protection and Advocacy System and (1) Include findings that emphasize DATES: To ensure consideration added a section on ‘‘Rights of the respect for individual dignity, personal comments must be submitted on or Developmentally Disabled;’’ preferences, and cultural differences in before July 17, 1995. (2) The 1978 Amendments (Pub. L. the provision of services, supports and ADDRESSES: Please address comments 95–602) included a functional definition other assistance, and recognize that to: Commissioner, Administration on of developmental disabilities; individuals with developmental Developmental Disabilities, Room 329– (3) The Developmental Disabilities disabilities and their families are the D (Regulations), Hubert H. Humphrey Amendments of 1984 (Pub. L. 98–527) primary decision-makers regarding Building, 200 Independence Avenue added a new emphasis regarding the services, supports, and other assistance SW, Washington, DC 20201. purpose of the program, to assist States they receive; It would be helpful if agencies and to assure that persons with (2) Ensure that racial and ethnic organizations submitted copies in developmental disabilities receive the individuals from diverse backgrounds duplicate. Two weeks after the close of care, treatment and other services are fully included at all levels and in all the comment period, comments and necessary to enable them to achieve activities authorized under this Act. letters will be available for public their maximum potential through This includes language regarding inspection in Room 309–D, Hubert H. increased independence, productivity unserved and underserved populations Humphrey Building, 200 Independence and integration into the community; and and ‘‘culturally competent’’ services, Avenue SW, Washington, DC 20201, (4) The 1987 Amendments (Pub. L. supports and other assistance; Monday through Friday, 8 a.m. to 4 100–146) established an annual report p.m., telephone (202) 690–5841. (3) Require State Developmental to Congress on the Developmental Disabilities Council activities to FOR FURTHER INFORMATION CONTACT: John Disabilities program. The promote systemic change, capacity P. Doyle, Director, Administration and Administration on Developmental building and advocacy; Planning Staff, Administration on Disabilities (ADD) compiles this report Developmental Disabilities, Telephone: (4) Clarify the responsibilities of the using information received from the State Developmental Disabilities (202) 690–5504 (Voice), (202) 690–6415 State Planning Councils, the Protection (TDD). These are not toll-free numbers. Council and the Designated State and Advocacy Systems, the University Agency; This document will be made available Affiliated Programs and grantees of the (5) Require the Protection and in accessible formats upon request. Projects of National Significance. Also Advocacy System (P&A) to hire and included in the 1987 Amendments was SUPPLEMENTARY INFORMATION: maintain sufficient numbers and types a special 1990 Report to Congress on the of qualified staff to carry out the P&A’s I. Program History scope and effectiveness of services function; In 1963, the Mental Retardation provided to persons with developmental Facilities and Construction Act (Pub. L. disabilities by State agencies and an (6) Protect the confidentiality of client 88–164) was enacted to plan activities analysis of consumer satisfaction. The records; and construct facilities to provide State Planning Councils prepared the (7) Require development of new services to persons with mental State Reports to ADD and this program standards for University retardation. This legislation was information was used as a basis for the Affiliated Programs; and subsequently amended by the Report to Congress. (8) Direct the Secretary to support Developmental Disabilities Services and The Developmental Disabilities grants to conduct an investigation on Facilities Construction Amendments of Assistance and Bill of Rights Act the expansion of part B programs (State 1970 (Pub. L. 91–517) which constituted Amendments of 1990, Pub. L. 101–496, Developmental Disabilities Councils) to the first Congressional effort to address (the Act), extended authorization of individuals with severe disabilities the needs of a group of persons with appropriations for programs under the other than developmental disabilities. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26775 II. Developmental Disabilities Program requirements based on the changes Administration for Children and made by two reauthorizations: (1) The Families. A notice was published in the A. Federal Assistance to State Developmental Disabilities Assistance Federal Register on April 18, 1991 (See Developmental Disabilities Councils and Bill of Rights Act Amendments of 56 FR 15885). We are also proposing to Formula grants are made to each State 1990 (Pub. L. 101–496) and (2) the include a definition of ‘‘Protection and to support State Developmental Developmental Disabilities Assistance Advocacy System’’ to mean the Disabilities Councils. The and Bill of Rights Act Amendments of organization or agency designated in a responsibilities of the Councils are to 1994 (Pub. L. 103–230). State to administer and operate a promote, through systemic change, Key proposed provisions are as protection and advocacy program for capacity building and advocacy follows: individuals with developmental activities; the development of a A. Section 1386.20, Designated State disabilities under part C of the consumer and family-centered, Protection and Advocacy System, the Developmental Disabilities Assistance comprehensive system; and, a current rule has been revised to address and Bill of Rights Act, as amended by coordinated array of services, supports requirements concerning the Pub. L. 103–230 (42 U.S.C. 6041, 6042); and other assistance. These activities are redesignation of the Protection and and advocacy programs under the designed to achieve independence, Advocacy System (1990 Amendments); Protection and Advocacy for Mentally productivity, integration and inclusion B. Section 1386.21, Requirements of Ill Individuals Act 1986 (PAIMI Act), as into the community for individuals with the Protection and Advocacy System, amended (42 U.S.C. 10801 et seq.); the developmental disabilities. the regulations regarding confidentiality Protection and Advocacy of Individual B. Protection and Advocacy of the of client records has been revised Rights Program (PAIR), (29 U.S.C. 794e); Rights of Individuals With pursuant to section 142(j) (1994 and the Technology-Related Assistance Developmental Disabilities Amendments); for Individuals with Disabilities Act of C. Section 1386.23, Periodic reports: 1988, as amended (29 U.S.C. 2212(e)). Formula grants are made to States for Protection and Advocacy System, Protection and Advocacy System also the establishment of a system to protect regulatory language is being proposed to may be designated by the Governor of a and advocate for the rights of address the statutory requirement for an State to conduct the Client Assistance individuals with developmental annual statement of objectives and Program (CAP) authorized by section disabilities. This system must have the priorities and a statement of the 112 of the Rehabilitation Act of 1973, as authority to pursue legal, administrative rationale used to establish such amended, (29 U.S.C. 732). Finally, the and other appropriate remedies to objectives (1990 Amendments); Protection and Advocacy System may ensure the protection of the rights of D. Section 1386.30, State plan provide advocacy services under other individuals with developmental requirements, the regulation regarding Federally funded programs. disabilities who are receiving, or who State Developmental Disabilities Section 1385.4 is amended to re-word are eligible to receive, treatment or Council responsibilities has been ‘‘persons with developmental habilitation services. revised to address new requirements disabilities’’ to ‘‘individuals with C. University Affiliated Programs regarding the development of the State developmental disabilities’’ in the title plan and the hiring and supervision of and paragraphs (a), (b), and (c). The Grants are made to universities, or to staff (1994 Amendments); statutory citation in paragraph’s (b) and public or nonprofit entities associated E. The current regulatory language for (c) have been updated to conform with with a college or university, to establish part 1388 has been revised to include the 1994 Amendments. University Affiliated Programs (UAPs). new program standards for University Activities of University Affiliated The regulations of § 1385.5 Recovery Affiliated Programs (UAPs) (1994 of Federal funds used for construction Programs are to be conducted in a Amendments); culturally competent manner and of facilities and § 1385.7 Waivers have A section-by-section discussion of the been removed and those sections have include: Interdisciplinary pre-service changes we are proposing follows: preparation of students and fellows; been reserved. Such action has been done because section 105, Recovery, has community service activities which PART 1385ÐREQUIREMENTS been removed from the Act (1994 include community training and APPLICABLE TO THE Amendments). As indicated in the technical assistance; and the DEVELOPMENTAL DISABILITIES Senate Report, number 103–120, pages dissemination of subsequent PROGRAM information and research findings. 25 and 26, section 105, Recovery, has In § 1385.1, General, the changes been deleted because the Committee D. Projects of National Significance being proposed are to replace the understood that all facilities for which This program provides funding reference to Basic State Grant with a part B or part D funds had been used through grants and contracts to public reference to Federal Assistance to the towards construction costs, have been or nonprofit private entities for projects State Developmental Disabilities completed for more than 20 years which support national initiatives. Such Councils and to change the Protection making this section no longer relevant. initiatives include the collection of and Advocacy System reference to We are proposing to revise § 1385.6 by necessary data; provision of technical ‘‘individuals’’ rather than ‘‘persons’’ using the term ‘‘individuals with assistance to State Developmental with developmental disabilities. disabilities’’ (1994 Amendments). This Disabilities Councils, protection and In § 1385.3 Definitions, editorial term is meant to be consistent with advocacy systems and university changes are being proposed to ‘‘handicapped person’’ as defined under affiliated programs; and support to other incorporate the reference to the 45 CFR 84.3(j). We are also proposing to nationally significant activities, such as Administration for Children and include language which clarifies grantee employment and housing. Families rather than the Office of responsibilities regarding affirmative Human Development Services. This action pursuant to section 109 of the Act III. Discussion of Proposed Regulations action is required because the (42 U.S.C. 6008) and to reference the Overall, the proposed regulations Administration on Developmental Americans with Disabilities Act (42 have been developed to establish new Disabilities was made a part of the U.S.C. 12101 et seq.) with respect to 26776 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules employment of individuals with its compliance. The System’s inability official’’ to clarify who has the disabilities. to establish compliance because of the responsibility in the State to designate In § 1385.8, Formula for determining confidentiality of records will not the Protection and Advocacy System allotments, editorial changes are being relieve it of this responsibility. The under section 142 of the Act proposed, which includes the deletion eligible system may elect to obtain a (§ 1386.20(a)). Addition of this of the concept of Basic State program release from all individuals requesting definition will permit us to simplify the which is no longer applicable under the or receiving services at the time of wording of several provisions relating to Act. Paragraph (c) is being revised to intake or application. The release shall protection and advocacy agencies. We update references (1994 amendments). state that only information directly are then proposing the following In § 1385.9 (a) and (b), Grants related to client and case eligibility will definitions of terms used in the administration requirements, an be subject to disclosure to officials of proposed regulations in § 1386.21(c)(1) editorial change is being proposed to the Department. and (3), (§ 142(a)(2)(B)) and update the term Special Project to ADD is particularly interested in (§ 142(a)(2)(I)): ‘‘full investigations’’ Projects of National Significance (1987 receiving comments on the regulations means the access to clients, public and Amendments). Paragraph (d) addresses being proposed in paragraph (e)(2). private facilities and entities and their the issue of the Department keeping staff, and the records regarding the information about individual clients PART 1386ÐFORMULA GRANT operation of the institution that is confidential when making audits and PROGRAMS necessary for a reasonable person to examinations and taking excerpts and make an informed decision about In part 1386, subpart A—Basic transcripts of records of grantees and whether the alleged or suspected abuse requirements, we are proposing in subgrantees. This paragraph is being is taking place or has taken place; § 1386.1, General, that the reference to revised to include a reference to part ‘‘probable cause’’ means a reasonable the Basic State grant program be deleted 92—Uniform Administrative ground for belief that an individual or because there is no statutory basis for Requirements for Grants and group of individuals with this language and the reference to the Cooperative Agreements to State and developmental disabilities may now be Local Governments for grants awarded State Developmental Disabilities subject to or have been subject to abuse to State Developmental Disabilities Councils be included in its place. We or neglect; and ‘‘record of an individual Councils, University Affiliated Programs are proposing additional language in with a developmental disability’’ and Projects of National Significance § 1386.2(b)(1), Obligation of funds, that includes reports prepared or received by and to remove the reference to the would implement an expanded any staff of a facility rendering care or Protection and Advocacy System. We definition of obligation given in section treatment, or reports prepared by an are then proposing a new paragraph (e) 125(c) of the Act (42 U.S.C. 6025(c)), as agency or staff person charged with to address the new requirement of amended (1994 Amendments), investigating reports of incidents of section 142(j) and the language of regarding State Interagency Agreements. abuse or neglect, injury or death Senate Report 120, 103rd Cong., 1st We are proposing several technical occurring at such facility that describes Sess., page 39 (1993). The Report changes to paragraphs (c)(1) and (2). In incidents of abuse, neglect, injury, or indicated * * *’’ that for any audit, paragraph (1), we are proposing to death occurring at such facility and the report or evaluation required under this replace the phrase Protection and steps taken to investigate such Act, the Secretary shall not require the Advocacy ‘‘office’’ to Protection and incidents, and discharge planning P&A system to ‘‘disclose the identity of, Advocacy ‘‘System’’ and reference records. or any personally identifiable ‘‘individuals’’ with developmental For reasons of consistency, we are information related to, any individual disabilities rather than ‘‘persons’’ with proposing to revise the heading of requesting assistance under such developmental disabilities. In paragraph § 1386.20 to read, Designated State program.’’ This requirement is (2), we are proposing to reword the Protection and Advocacy System rather consistent with the Rehabilitation Act phrase ‘‘developmentally disabled than Designated State Protection and Amendments of 1992 which contains persons’’ to ‘‘individuals with Advocacy Office. similar language pertaining to the developmental disabilities’’ (1994 We are proposing a change in confidentiality of client records during Amendments); to replace the reference § 1386.20(a) to include the proposed Federal reviews of P&A systems. The to Basic State Grants with the legislative term ‘‘designating official’’ as defined in Committee does not intend to limit the language for Part B—Federal Assistance § 1386.19. monitoring responsibilities of the to State Developmental Disabilities We also are proposing to revise Administration on Developmental Councils (1994 Amendments); and § 1386.20(d) to address the procedure to Disabilities to assure that P&A systems reword the last sentence for consistency be followed in order for a State to are in compliance with the Act.’’ In with the regulatory language contained designate a new agency to administer paragraph (e)(1) the regulation indicates in § 1386.2(a) regarding the Federal and operate the Protection and that for any audit, report or evaluation fiscal year. Advocacy system pursuant to section required under the Act, the Secretary In part 1386, subpart B, the heading 142(a)(4) of the Act, (42 U.S.C. shall not require the Protection and has been revised to read ‘‘State System 6042(a)(4)). State Protection and Advocacy system to ‘‘disclose the for Protection and Advocacy of the Advocacy agencies are responsible for identity of, or any personally Rights of Individuals with administering and operating State identifiable information related to, any Developmental Disabilities.’’ This advocacy systems. These systems must individual requesting assistance under revision clarifies how this program is be independent of State public and such program.’’ In paragraph (e)(2) the referenced. Accordingly, we are private service systems, provide proposed regulation indicates that if an proposing editorial changes in the information and referral, and have the audit, monitoring review, evaluation, or regulations to reflect this change. authority to pursue legal, administrative other investigation by the Department We are proposing a new § 1386.19, and other appropriate remedies to produces evidence that the system has Definitions, to include definitions for ensure the protection of the rights of violated the Act or the regulations, the subpart B, § 1386.20 and § 1386.21. ADD individuals with developmental system will bear the burden of proving is proposing a definition of ‘‘designating disabilities and individuals with mental Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26777 illness. (See sections 102(2), 103 and where applicable, the requirements of rationale for this requirement is that a 105 of the Protection and Advocacy for the Protection and Advocacy for redesignation of the Protection and Mentally Ill Individuals Act of 1986, as Individuals with Mental Illness Act of Advocacy agency for individuals with amended (42 U.S.C. 10802(2), 10803 1986, as amended (42 U.S.C. 10805 and developmental disabilities under and 10805). ‘‘The term ‘eligible system’ 10821); the Protection and Advocacy of section 142 of the Act also has an means the system established in a State Individual Rights Program (29 U.S.C. impact on other Federal Protection and to protect and advocate the rights of 794(e) and the Client Assistance Advocacy Programs. Federal legislation persons with developmental disabilities Program (29 U.S.C. 732), of the makes the State’s designated Protection under part C of the Developmental Rehabilitation Act of 1973, as amended; and Advocacy agency for individuals Disabilities Assistance and Bill of Rights the Technology-Related Assistance for with developmental disabilities eligible Act.’’ Therefore, the Protection and Individuals With Disabilities Act of to receive funding for operating the Advocacy System provides services to 1988, as amended by Pub.L. 103–218 other Federal advocacy programs listed both individuals with developmental (Protection and Advocacy contracts and above. Redesignation of the disabilities and to individuals with grants); or any other Federal advocacy Developmental Disabilities agency may mental illness. The purpose of these program that is administered by the result in the redesignation of the other proposed requirements is to ensure that State Protection and Advocacy System; programs. Therefore, the regulation a Protection and Advocacy System is (2) The goals and function of the seeks to insure that individuals with only redesignated to a new agency for State’s Protection and Advocacy System other disabilities, their families and reasons which constitute good cause. including the current Statement of representatives have an opportunity to The action giving rise to good cause Objectives and Priorities; make informed comments on the should be of a substantial nature. (3) The name and address of the proposed redesignation. The other new Redesignation for good cause may agency currently designated to requirements for the notice are being include, but is not limited to, administer and operate the Protection included so that members of the public eliminating longstanding or pervasive and Advocacy System; and an can become fully informed about the inefficiency. However, merely technical indication of whether the agency also reasons for and consequences of the or minor shortcomings will not support operates other Federal advocacy redesignation. such a finding. Further, in order to programs; In paragraph (d)(3) we are requiring qualify as good cause, the allegation (4) A description of the current that copies of the notice of proposed must be made in good faith, which Protection and Advocacy agency and redesignation must be made generally means that it was not made for the the system it administers and operates available to individuals with purpose of frustrating the including, as applicable, descriptions of developmental disabilities and accomplishment of the goals of the Act, other Federal advocacy programs it individuals with mental illness who live these regulations, the Protection and operates; in residential institutions through Advocacy for Mentally Ill Individuals (5) A clear and detailed explanation of posting or some other means. The need Act (42 U.S.C. 10801 et seq.), the the good cause for the proposed for notice is to ensure that individuals Protection and Advocacy of Individual redesignation; who reside in institutional settings also Rights Program (29 U.S.C. 794(e), the (6) A statement suggesting that are informed of the reasons for and the Technology-Related Assistance for interested persons may wish to write the consequences of the proposed Individuals With Disabilities Act of current State Protection and Advocacy redesignation. The notice could be 1988, as amended (29 U.S.C. 2212(e)), agency to obtain a copy of its response accomplished by mailing a copy of the and any other Federal advocacy to the notice initiating the original notice to such facilities and program that is administered by the redesignation. Copies shall be provided requesting that it be made available to State Protection and Advocacy System. in accessible formats to individuals with residents through posting. This notice The Administration on Developmental disabilities upon request; also could be sent to other advocacy Disabilities encourages Governors and (7) The name of the new agency groups for individuals with disabilities Protection and Advocacy agencies to proposed to administer and operate the in the State. This new requirement is consult with one another and seek Protection and Advocacy System under based on the intimate connection resolution before involving the public. the Developmental Disabilities program. between the Protection and Advocacy In § 1386.20(d)(1), we are proposing to This agency will be eligible to program serving individuals with provide current Protection and administer other Federal advocacy developmental disabilities and the Advocacy agencies and the public a programs; Protection and Advocacy program period of no less than 45 days (8) A description of the system which serving individuals with mental illness. concurrently to respond to notices given the new agency would administer and Also, we are proposing in paragraph of the intention to redesignate the operate, including a description of all (d)(3) that the public notice must be in Protection and Advocacy agency. In other Federal advocacy programs the a format accessible to individuals with developing the regulations we are agency would operate; and developmental disabilities or their proposing timeframes for notices which (9) The timetable for assumption of representatives, e.g., tape, diskette are considered timely and are similar to operations by the new agency and the (section 142(a)(4)(B) of the Act). those used in other activities required estimated costs of any transfer and start- In paragraph (d)(4), we are proposing by Federal regulations. We are also up operations. that after the expiration of the 45-day proposing to revise the requirements for We are proposing that the public public comment period required by contents of the public notice provided notice must include information on the paragraph (d)(1), the designating official for in paragraph (d)(2) by requiring that requirements for all other Federal must conduct a public hearing on the it include the following new or revised Protection and Advocacy Programs redesignation proposal. After requirements: which are currently administered by the consideration of all public and agency (1) The Federal requirements for the P&A agency and are subject to comments, the designating official must Protection and Advocacy System for redesignation as well as the Protection give notice of the final decision to the individuals with developmental and Advocacy System for individuals currently designated agency and the disabilities (section 142 of the Act); and, with developmental disabilities. The public through the same means used 26778 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules under paragraph (d)(3). If the notice to access to records of persons with requirement is based upon section the currently designated agency states developmental disabilities is described 142(a)(2)(B). ADD views the authority that the redesignation will take place, it in section 142(a)(2)(I). This provision for access to staff of facilities as a must also inform the agency of its right includes a requirement for authority to necessary part of the authority to to appeal this decision to the Assistant access records of persons who, by investigate incidents of abuse and Secretary, Administration for Children reason of mental or physical condition, neglect. and Families. The redesignation shall are unable to authorize the System’s Also, the Administration on not be effective until 10 working days access to such records, and are without Developmental Disabilities wants to after notifying the current Protection a legal guardian or conservator, or for address the concerns raised by P&As and Advocacy agency or, if the agency whom the legal representative is the that their authority continues to be appeals, until the Assistant Secretary State; and about whom the System has challenged in the areas of access to has considered the appeal. had a report of abuse or neglect or as the records and determining probable cause We are proposing new requirements result of monitoring or other activities tied to abuse and neglect cases. The in § 1386.20(e) to address the has probable cause to believe such statutory definition of ‘‘record,’’ which procedures by which a Protection and individual has been subject to abuse or appears at section 142(f) and is Advocacy agency which has been neglect. Section 142(f) defines ‘‘record’’ reiterated in the proposed § 1386.19, redesignated may appeal the to include reports of deaths occurring in encompasses the records a facility designation to the Assistant Secretary. a facility prepared by an agency or staff would have on an individual with a The Assistant Secretary will consult person charged with investigating the developmental disability, and reports with administrators of Federal advocacy event. Based on these provisions, ADD which were prepared by investigators in programs that will be directly affected is proposing to reference, in paragraph connection with incidents of abuse or by the proposed redesignation in (c)(1) the P&A’s authority to access neglect. We believe this definition must making a final decision on the appeal, records of persons with developmental be interpreted liberally in order to including the Center for Mental Health disabilities who are no longer living. ensure proper exercise of the authority Services, the Rehabilitation Services ADD understands that P&As to investigate incidents of abuse and Administration, the National Institute undertake investigations of incidents of neglect which P&As must have under on Disability and Research, and any abuse and neglect based on media section 142(a)(2)(B). ADD also believes other Federal agencies which administer reports, general investigations, that it is critical to this investigative advocacy programs that will be directly inspection reports or other credible function that Systems be given access to affected by the proposed redesignation. information regarding abuse and records promptly. Undue delay can The Administration on neglect. P&As also may use information prevent a System from intervening to Developmental Disabilities is gained through telephone calls or prevent further abuse or neglect. particularly interested in receiving informal complaints by residents, staff, The Act and the proposed regulations comments on this area. relatives or friends. The proposed refer to the authority of P&As to In § 1386.21(a) we are proposing to regulations are intended to confirm the update the reference from the Basic authority of P&As to rely on such determine probable cause in connection Support Program to the State information as grounds for with investigation of incidents of abuse Developmental Disabilities Council. In investigations of incidents of abuse and and neglect. The Agency is concerned paragraphs (b) (1) and (2) we are neglect either because they are reports that in the exercise of their required proposing to revise the regulations to of incidents, or because they constitute authority under section 142(a)(2)(B) to incorporate the prohibition of ‘‘probable cause.’’ Some facilities have investigate incidents based on probable compelled disclosure of information in claimed that P&As must make cause that P&As not be unduly client records pursuant to section 142(j) individual-specific findings of probable hampered. The Act does not require a of the Act, as amended (1994 cause before they may investigate. The judicial or other third party Amendments). This includes a reference definition of probable cause includes determination of whether probable to Federal law in the final sentence of ‘‘the reported existence of conditions or cause exists. In the ordinary situation, a paragraph (b)(1) that is consistent with problems that are usually associated belief by P&A staff that an individual the intent of the existing regulation, with abuse and neglect.’’ may be subject to or has been subject to which is to allow parents or legal In paragraph (c)(2) we are proposing abuse or neglect should be sufficient to guardians access to a client’s record Protection and Advocacy Systems must establish probable cause. In order to except when such access is legally have trained staff to conduct full clarify the meaning of probable cause, prohibited. investigations of suspected instances of we have proposed a definition in We are proposing regulations in a new abuse and neglect or if the incidents are § 1396.19. paragraph (c)(1) to indicate that the reported to the System. In paragraph In paragraph (c)(4), we are proposing Protection and Advocacy System must (c)(3) we are proposing to require that that the Protection and Advocacy have access to records of an individual Protection and Advocacy Systems have Systems must be authorized to keep with a developmental disability as authority to have access at reasonable confidential the names and identity of provided by section 142(a)(2)(I) of the times and locations to residents of any individuals who furnish information Act and the authority necessary to private or public facility that is that forms the basis for a determination conduct full investigations of abuse and providing services, support, and other that probable cause exists. We believe neglect on the Protection and Advocacy assistance to such residents. This that disclosure of this information System’s determination of probable requirement is based on section would compromise the effectiveness cause or if the incidents are reported to 142(a)(2)(H) of the statute. In addition, and integrity of the investigation and the System as provided by section the proposed paragraph (c)(3) requires could expose sources and already 142(a)(2)(B). that Protection and Advocacy Systems vulnerable clients to retaliation. Questions have arisen over whether have authority to access at reasonable Moreover, such disclosure would likely P&As are required to have authority to times and locations staff of private or provide a disincentive to other potential obtain records of individuals who are no public facilities when investigating informants to come forward in the longer living. The required authority for incidents of abuse and neglect. This future. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26779 The Administration on Collection Request for Reinstatement respective roles and responsibilities of Developmental Disabilities recognizes will be submitted to OMB. In the State Developmental Disabilities that the requirement in the proposed § 1386.23(b) editorial changes are being Council and the Designated State regulation for access to private proposed regarding the financial report Agency. Pursuant to section 124(c)(3) of institutions may be problematic, to incorporate a reference to the the Act (42 U.S.C. 6024(c)(3)), we are especially relating to existing State law Administration for Children and proposing language in § 1386.30(a) to and rights of access to records and Families rather than the Office of require that the development and privacy issues. Therefore, we are Human Development Services. This submission of the State plan is the particularly interested in receiving Information Collection is an approved responsibility of the State comments on the possible impact of OMB document. We are proposing to Developmental Disabilities Council and these provisions on Protection and include new requirements in paragraphs that the State Developmental Advocacy Systems, State Governments (c) and (d) to address the annual Disabilities Council will consult with and private institutions. statement of objectives and priorities of the Designated State Agency before A new paragraph (d) is being added the Protection and Advocacy system submitting the State plan to ensure that which addresses the issue of a pursuant to section 142(a)(2)(C) of the the State plan is not in conflict with Protection and Advocacy System Act (42 U.S.C. 6042(a)(2)(C)) and section applicable State laws. Paragraph (a) also restricting the use of appropriate 107(b) of the Act (42 U.S.C. 6006(b)). indicates that the designated State remedies on behalf of individuals with ADD will be submitting an Information agency shall provide assurances and developmental disabilities through Collection Request to OMB. ADD is support services to the Council pursuant litigation or legal action pursuant to particularly interested in receiving to section 124(d)(3)(A) (42 U.S.C. section 142(a)(2)(A)(i) and (h)(1) of the comments on the public review and 6024(c)(3)) of the Act. Act (1994 Amendments). We are adding comment process for this report because We are proposing to revise paragraph a new paragraph (e) to address section we want to make sure that individuals (c)(1) to delete the language 142(a)(2)(J) of the Act regarding hiring with developmental disabilities and ‘‘administration of the plan’’ and freezes, reductions in force, or their families influence the indicate that the State plan must prohibitions on staff travel. For development and are aware of the identify the program unit(s) within the paragraph (f) we are proposing that a Protection and Advocacy priorities so Designated State Agency responsible for Protection and Advocacy System may they know what they can expect from providing assurances and fiscal and exercise their authority under State law the Protection and Advocacy System. where the authority exceeds the In § 1386.24 Non-allowable costs for other support services. We are then authority required by the the Protection and Advocacy System, proposing in paragraph (c)(3) to include Developmental Disabilities Act. we are revising paragraph (a) to replace language that the State Plan must However, the Protection and Advocacy ‘‘persons’’ with developmental address how the Developmental System must have at least the authority disabilities to ‘‘individuals’’ with Disabilities network in the State (i.e., required under the Act, and may have developmental disabilities in (a)(1) and Developmental Disabilities Councils; additional authority granted by the renumbering current paragraph (b) as Protection and Advocacy System and State. (a)(2). We are proposing a new University Affiliated Program(s)) is Section 1386.22 is being added to paragraph (b) on attorneys fees being working with the disabilities establish a new section for the considered as program income and as community to bring about broad Protection and Advocacy Systems such, must be used to further the systems change to benefit individuals regarding Public Notice of Federal objectives of the program pursuant to with developmental disabilities, and, Onsite Review pursuant to section section 142(h)(2) of the Act (1990 and where applicable, the ways in which 142(k) of the 1994 Amendments. Prior 1994 Amendments). individuals with other disabilities may to any Federal review of the State The Administration on benefit as well. The current State Plan program, a 30 day notice and an Developmental Disabilities encourages a guideline has OMB approval. ADD will opportunity for public comment must Protection and Advocacy System to use prepare an Information Collection be provided. As this activity is an on- program standards for self-evaluations Request to OMB based on the new going administrative function, such and peer consultations to identify the requirements of the 1994 Amendments. notice will not be given through the need for technical assistance or other We are proposing to include new Federal Register. quality enhancement intervention. regulatory language in § 1386.30(e) to In § 1386.23, Periodic reports: Performance standards include all address section 124(c)(4)(A)— Protection and Advocacy System, we applicable statutory and regulatory Demonstration of New Approaches are proposing to revise the title from requirements as well as standards of (1994 Amendments). The State Plan ‘‘system’’ to ‘‘agency’’. Also, we are quality developed in collaboration with may provide for funding of projects to deleting the current language contained a committee of representatives of State demonstrate new approaches to enhance in paragraph (a) regarding assurances of Protection and Advocacy Systems. the independence, productivity, and compliance as such records are on file. In part 1386, subpart C will read— integration and inclusion into the Paragraph (a) now proposes regulations State Plan for Assisting in the community of individuals with regarding the submission of the Development of a Comprehensive developmental disabilities. Such Protection and Advocacy annual report. System of Services and Supports for projects are not to exceed three years in We are proposing that the report Individuals with Developmental duration and may include assistance in submitted by the Protection and Disabilities. We are proposing to revise developing strategies for securing funds Advocacy agency be submitted by the title to more accurately reflect how for continuation of the project from January 1 of each year in a format the provision of service related activities sources other than funds received under designated by the Secretary to ensure and supports are tied to the State Plan the Act. This requirement is based on uniform reporting on the activities and (1994 Amendments). our experience in administering the accomplishments carried out under the In § 1386.30, State plan requirements, Developmental Disabilities Program. We system during the previous year for the we are proposing to revise and include are then proposing to rename current Report to Congress. An Information new regulatory language to clarify the paragraphs (e) to (f) in § 1386.30. We are 26780 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules removing the regulation on individual In § 1386.33, Protection of employee’s standards of quality developed in habilitation plan pursuant to the 1994 interests, we are revising paragraph (a) collaboration with a committee of Amendments and moving human rights to update the statutory references to representatives of State Developmental (current (e)(3) to the new (f)(2)). We are section 122(c)(5)(K) of the Act (1994 Disabilities Councils. proposing a new paragraph (3) to Amendments) and to replace the phrase In part 1386, subpart D—Practice and address the accessibility of buildings ‘‘alternative community living Procedure for Hearings Pertaining to used in connection with activities arrangements’’ to ‘‘community living States’ Conformity and Compliance with assisted under the Plan to ensure that activities.’’ In a new § 1386.34, entitled Developmental Disabilities State Plans, individuals with disabilities are able to ‘‘Designated State Agency’’, we propose Reports and Federal Requirements, we participate in the work of the Council. regulations in response to section are proposing an editorial change in In § 1386.30(f)(4) we are proposing new 124(d)(2)(D) of the Act (1994 § 1386.80 Definitions, to incorporate the language to address the responsibility of Amendments) on the redesignation of reference to the Administration for the State Developmental Disabilities the Designated State Agency and the Children and Families rather than the Council regarding budgeting, staff hiring right to appeal by non-State agency Office of Human Development Services; and supervision and staff assignment members of the State Developmental clarify that the term ‘‘Presiding officer’’ pursuant to section 124(c) (8), (9), and Disabilities Council to the Assistant means anyone designated by the (10)) of the Act (42 U.S.C. 6024(c) (8), Secretary. (The Secretary has delegated Assistant Secretary to conduct any (9), and (10)). Of particular note, we are the authority to hear such appeals to the hearing held under this subpart; and clarifying that the intended meaning of Assistant Secretary for Children and include a definition of the term the phrase in the statute, ‘‘consistent Families.) We are proposing an editorial ‘‘payment or allotment’’ for subpart D. with state law’’ means that the hiring of change to the heading of § 1386.35 to The term ‘‘payment or allotment’’ is State Developmental Disabilities read, ‘‘Allowable and non-allowable being introduced into the regulations in Council staff must be done in costs for Federal assistance to State order to ensure uniformity in the accordance with State personnel Developmental Disabilities Councils’’ terminology used in subpart D to refer policies and procedures, except that a and an editorial change to paragraph to assistance provided to States under State shall not apply hiring freezes, (b)(1) to change the word ‘‘persons’’ to Part B or C of the Act. In § 1386.85, reduction in force, prohibitions on staff ‘‘individuals’’. We are then proposing to Filing and service of papers, in travel, or other policies, to the extent add a new paragraph (d) to clarify paragraph (a) the phrase ‘‘HDS Hearing that such policies would impact staff or implementation of the non-Federal Clerk’’ is being replaced with functions funded with Federal funds share requirements. We are also ‘‘designated individual’’ to incorporate and would prevent the Council from proposing an editorial change to the Administration for Children and carrying out its functions under the Act. heading of § 1386.36 to read, ‘‘Final Families procedures. As part of the notice of hearing, the Assistant In § 1386.31, Plan submittal and disapproval of the State plan or plan Secretary will designate an individual to approval, we are proposing to add a new amendments’’ and in paragraph (e) an receive all papers filed in connection paragraph (a) in response to section editorial change is being proposed to incorporate the reference to the with a proceeding under subpart D. 122(d)(1) of the Act (1994 Amendments) In § 1386.90, Notice of hearing or Assistant Secretary for Children and on a public review and comment opportunity for hearing, we are making Families rather than the Assistant process on the State Plan. We editorial changes which include: the full Secretary for Human Development subsequently renumbered the current reference to the State Developmental Services. Finally, we are proposing a paragraphs and revised paragraph (b) to Disabilities Council; changing the reference a ‘‘final State Plan’’ or new § 1386.37, Public Notice of Federal Protection and Advocacy Office to the ‘‘amendment(s)’’ to incorporate the Onsite Review for the State Protection and Advocacy System; and public comment process. Developmental Disabilities Councils. reference the designated official rather In § 1386.32, Periodic Reports: Basic This requirement complements than official for the Protection and State grants, we are proposing to revise § 1386.22, Public Notice of Federal Advocacy System. In § 1386.92, Place, the title to read § 1386.32 Periodic Onsite Review for the Protection and we are including language on reports: Federal assistance to State Advocacy Systems. ADD wants to accessibility regarding the place of the Developmental Disabilities Councils ensure that individuals with hearing. In § 1386.93, Issues at hearing, (1994 Amendments). In § 1386.32(a) an developmental disabilities are aware we are making an editorial change to editorial change is being made to and have an opportunity to comment on paragraph (c)(2)(i) by deleting the (i). reference the Administration for the actions of the Council. Prior to a Also, the reference to ‘‘the report of the Children and Families. ADD will submit Federal review of the State program a 30 description of the State protection and an Information Collection Reinstatement day notice and an opportunity for advocacy system’’ in paragraphs (c)(2) Request to OMB for this requirement. In public comment must be provided. As and (d) are being deleted because the § 1386.32(b) we are proposing to revise this activity is an on-going Act no longer requires such a report. In the regulatory language to reference the administrative function, the notice is paragraph (c)(2), we are substituting Annual Program Performance Report not being given through the Federal references to ‘‘the activities of the (annual report requirements pursuant to Register. State’s protection and advocacy system’’ section 107(a) of the Act (42 U.S.C. The Administration on and providing that a ‘‘document 6006(a)), thus requiring a format Developmental Disabilities encourages explaining changes in the activities of designated by the Secretary. Use of a State Developmental Disabilities the State’s Protection and Advocacy uniform format will facilitate Council Councils to use program standards in System on which the State and the reporting, ADD data collection and self-evaluations and peer consultations Assistant Secretary have settled must be analysis, and preparation of the to identify the need for technical sent to the parties.’’ In paragraph (d), we Secretary’s Annual Report to Congress. assistance or other quality enhancement are clarifying the reference to the State ADD will prepare an Information intervention. Performance standards plan under part B of the Act and adding Collection Reinstatement Request to include all applicable statutory and a reference to the activities of the State’s OMB for this requirement. regulatory requirements as well as Protection and Advocacy System. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26781 In § 1386.94, Request to participate in PART 1387ÐPROJECTS OF meet if it is to receive a grant under this hearing, the following changes are being NATIONAL SIGNIFICANCE program. They relate to: (1) The mission proposed in paragraphs (a), (b)(2) and of the UAP; (2) the governance and (c)(1). The full reference of the State We are proposing to revise regulatory administration of the program; (3) Developmental Disabilities Council is language in Part 1387—Projects of preparation of personnel; (4) services being included along with updating the National Significance, § 1387.1, General and supports regarding community language to reference the Protection and requirements. In paragraph (a), we training and technical assistance (direct propose to change the phrase ‘‘the Advocacy program as a ‘‘System’’ rather services-optional); and (5) developmentally disabled,’’ to than an ‘‘Office.’’ The wording ‘‘HDS dissemination of information and ‘‘individuals with developmental Hearing Clerk’’ is being replaced with research findings. For each area, there is disabilities’’ as indicated in the 1994 an introductory statement found at ‘‘designated individual.’’ We are Amendments. Regarding the proposing editorial changes in paragraph (a) and the program criteria announcement on proposed priorities, begin with paragraph (b). Compliance § 1386.101, Authority of presiding paragraph (b) requires a statutory update with the program criteria is a officer, in paragraphs (a)(11) and (c). (1994 Amendments). In paragraph (d), prerequisite for the minimum funding Also, we are updating the references in we are proposing language to more level of a university affiliated program. § 1386.111 Decisions following hearing, clearly define the type of project ADD However, compliance with the program paragraphs (c) and (d) and § 1386.112 would consider for funding with this criteria does not, by itself, constitute an Effective date of decision by the limited amount of discretionary money. assurance of funding. The Assistant Secretary, paragraphs (a) and We are proposing that Projects of Administration on Developmental (b) to reflect amendments to the Act and National Significance, other than Disabilities is particularly interested in to make other editorial changes. The technical assistance and data collection, receiving comments on the proposed references to ‘‘report for the State must be exemplary and innovative program criteria. Protection and Advocacy system’’ are models and have potential for Also, the Administration on being deleted because the Act no longer replication at the local level as well as Developmental Disabilities will be requires such a report. In its place we nationally, or otherwise meet the goals issuing draft Guidelines, at a later date, are substituting references to ‘‘the of Part E of the Act. to provide examples of Indicators of activities of the State’s Protection and Conformance with the Program Criteria. Advocacy System’’ in §§ 1386.111(c)(1) PART 1388ÐUNIVERSITY AFFILIATED These indicators would illustrate the and 1386.112(b). The terms ‘‘Federal PROGRAMS types of measures which could be used to demonstrate that the program criteria financial participation,’’ ‘‘the State’s We are proposing to revise regulatory total allotment,’’ ‘‘further payments,’’ have been achieved. The Administration language in Part 1388—The University on Developmental Disabilities plans to ‘‘payments,’’ ‘‘allotment’’ and ‘‘Federal Affiliated Programs by updating the funds’’ in § 1386.111(c) and § 1386.112 use the indicators of conformance as a standards (section 153(b) of the Act— technical assistance/partnership model (a) and (b) are being replaced by the 1994 Amendments). The current term ‘‘payment or allotment’’ which will with University Affiliated Programs to standards for UAPs were published in further program outcomes. be defined in the proposed revision of the Federal Register on November 20, We are proposing to revise § 1388.1 § 1386.80. In § 1386.111(c)(1), we are 1987. As stated in the Conference Definitions, to indicate what is now changing the reference to ‘‘sections 122, Report on S. 1284, the description of the meant by ‘‘program criteria’’ and are 127 and 142’’ to ‘‘sections 122, 127 or purpose and scope of UAPs has been deleting the definitions for ‘‘qualitative 142.’’ This change is necessary because revised to incorporate updated concepts criteria’’ and ‘‘measurements of program the provision applies to hearings held about these university-based programs. outcome’’. In addition, we are defining under any of the three provisions and ‘‘The description of UAPs recognizes other terms as used in part 1388. For not only to hearings held under all three the fact that UAPs are located in, or example, ‘‘accessible’’, ‘‘capacity provisions. In § 1386.111(c)(2), we are affiliated with universities, and, as such, building’’ and ‘‘collaboration’’. Section substituting a reference to section 127 provide an important foundation for 1388.2 Program criteria—purpose for the current reference to section 135, higher education’s response to the needs remains unchanged. We are deleting all which has been removed from the Act. of individuals with developmental the current regulatory language of We are also substituting a reference to disabilities and their families. UAPs § 1388.3 Program criteria— section 129 for the current reference in contribute to and reflect the overall administration, § 1388.5 Program § 1386.111(d) to section 138. mission of their host universities, and criteria—training, § 1388.6 Program seek to ensure that the activities, criteria—technical assistance, and In § 1386.112(a), we are substituting a resources, and expertise of the § 1388.7 Program criteria—information reference to section 122 for the reference university are responsive to individuals dissemination. Of particular note, to section 135, which has been removed with developmental disabilities and regarding the dissemination of from the Act. Section 122 is the correct their families, advocacy organizations, information, we are proposing that reference because the provision covers and service systems and providers.’’ materials disseminated by the UAP hearings relating to the conformity of Therefore, ADD is proposing to revise must be available in formats accessible State plans with Federal requirements. the standards to reflect this new to individuals with a wide range of In § 1386.112(b), we are substituting description of UAPs (section 151 of the disabilities, e.g., audiotape and references to sections 127 and 142 for Act—Purpose and Scope of Activities, computer disk. We are proposing the current references to sections 113 1994 Amendments). The standards will changes to the current regulations found and 133, which have been removed continue to ‘‘reflect the special needs of in § 1388.4 Program criteria—services. from the Act. Section 127 is the correct all individuals with developmental Section 1388.6 Program criteria— reference because the provision covers disabilities who are of various ages’’ as services and supports, paragraph (c), hearings relating to the State’s required in section 153(b). will now cover Direct Services. These compliance with the requirements of the The proposed program criteria are the regulations are optional because the State plan. basic requirements that a UAP must requirement that UAP’s provide direct 26782 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules services is now optional pursuant to burdensome while still achieving the minimal in that the institutions will section 151 of the Act (1994 regulatory objectives. simply be subject to review at no cost Amendments). As the 1994 The NPRM proposes to amend current when a complaint is made against them. Amendments deleted the authority for regulation to implement changes made For these reasons, the Secretary certifies Satellite Centers, § 1388.8 Use of by the Developmental Disabilities that these rules will not have a program criteria for Satellite Centers is Assistance and Bill of Rights Act significant impact on a substantial being deleted and reserved. Finally, we Amendments of 1990 (Pub. L. 101–496 number of small entities. are revising the current regulations, and by the 1994 Amendments (Pub. L. Paperwork Reduction Act § 1388.9 Peer Review to incorporate 103–230). The regulations propose to changes from the 1994 Amendments provide guidance on redesignation of Under the Paperwork Reduction Act (section 153(f)(2)). Paragraph (a) the Protection and Advocacy System of 1980, Pub.L. 96–511, all Departments describes the purpose of the peer and the appeal process; include are required to submit to the Office of review. The reference to Satellite regulations on the Protection and Management and Budget (OMB) for Centers has been deleted and the Advocacy annual statement of review and approval any reporting or provision of including on-site visits or objectives; address State Developmental recordkeeping requirement contained in inspection as necessary has been Disabilities Council responsibilities and a proposed or final rule. included. Paragraph (b) has been revised those of the Designated State Agency; set new program standards for the This proposed rule contains a new to simply state that applications for information collection requirement at funding opportunities under part D, University Affiliated Program; and make other clarifying, technical, and § 1386.23(c), an annual statement of Section 152 of the Act, must be objectives and priorities of the evaluated through the peer review conforming changes. We estimate that these regulations Protection and Advocacy system process. In paragraph (c), language is pursuant to section 142(a)(2)(C) of the being revised regarding the composition will not result in additional costs to the Federal government, the States, Act (42 U.S.C. 6042(a)(2)(C)). As of the panel which is to be composed of required, ADD will submit this new non-Federal individuals who, by universities and any other organizations to which they may apply. information collection requirement to experience and training, are highly OMB for review. The other sections qualified to assess the comparative Regulatory Flexibility Act of 1980 (listed below) which are being amended quality of applications for assistance. Consistent with the Regulatory in this proposed rule contain Impact Analysis Flexibility Act (5 U.S.C. Ch.6), we try to information collection requirements, anticipate and reduce the impact of some are already approved by OMB, Executive Order 12866 rules and paperwork requirements on while others will require reinstatement Executive Order 12866 requires that small businesses. For each rule with a to OMB due to requirements from the regulations be reviewed to ensure that ‘‘significant economic impact on a 1994 Amendments. Organizations and they are consistent with the priorities substantial number of small entities’’, individuals desiring to submit and principles set forth in the Executive we prepare an analysis describing the comments on the new information Order. The Department has determined rule’s impact on small entities. The collection requirement should direct that this rule is consistent with these primary impact of these regulations is them to the agency official designated priorities and principles. An assessment on the States, which are not ‘‘small for this purpose whose name appears in of the costs and benefits of available entities’’ within the meaning of the Act. this preamble, and to the Office of regulatory alternatives (including not However, they will affect small private Information and Regulatory Affairs, regulating) demonstrated that the institutions providing services to OMB, New Executive Office Building approach taken in the regulation is the individuals with developmental (Room 3002), Washington, DC 20503. most cost-effective and least disabilities. This impact will be ATTN: Desk Officer for HHS/ACF. REPORTING AND RECORDKEEPING REQUIREMENTS IN PART 1386 OF THE NPRM Annual Sec. No. Impact OMB No. number of Annual bur- respondents den hours 1386.23(a) .. Existing (OMB approval expired, re-approval to be requested) ...... 0980±0160 56 2,240 1386.23(b) .. Existing ...... 0348±0039 56 112 1386.23(c) .. New ...... N/A 56 2,800 1386.30(c) .. Existing ...... 0980±0162 56 5,600 1386.32(a) .. Existing (OMB approval expired, re-approval to be requested) ...... 0980±0212 672 2,912 1386.32(b) .. Existing (OMB approval expired, re-approval to be requested) ...... 0980±0172 55 4,400 There will be no specified format for programs, Projects of National List of Subjects the submittal of the State plan and Significance (part 1387) and University 45 CFR Part 1385 assurances required in § 1386.30. States Affiliated Programs (part 1388) use the may select any format they wish as long OMB approved Standard Form 424 Disabled, Grant programs/education, as they meet the requirements in the Act series, Application for Federal Grant programs/social programs, and these regulations. Assistance and Budget Information. Reporting and recordkeeping Recordkeeping and Reporting requirements. requirements for Part 1387 and part 45 CFR Part 1386 1388 will be satisfied with the submission of an acceptable grant Disabled, Administrative practice and application. The discretionary procedure, Grant programs/education, Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26783 Grant programs/social programs, Department of Health and Human § 1385.5 [Removed and reserved] Reporting and recordkeeping Services. 5. Section 1385.5, Recovery of Federal requirements. * * * * * funds used for construction of facilities is removed and reserved. 45 CFR Part 1387 ADD means the Administration on Developmental Disabilities, within the 6. Section 1385.6 is revised to read as Disabled, Grant programs/education, Administration for Children and follows: Grant programs/social programs. Families. § 1385.6 Employment of individuals with 45 CFR Part 1388 Commissioner means the disabilities. Commissioner of the Administration on Each grantee which receives Federal Colleges and universities, Grant Developmental Disabilities, funding under the Act must meet the programs/education, Grant programs/ Administration for Children and requirements of section 109 of the Act social programs, satellite center, Families, Department of Health and (42 U.S.C. 6008) regarding affirmative university affiliated program. Human Services or his or her designee. action. The grantee must take (Catalog of Federal Domestic Assistance * * * * * affirmative action to employ and Program, Nos. 93.630 Developmental Protection and Advocacy System advance in employment and otherwise Disabilities Basic Support and 93.631 means the organization or agency treat qualified individuals with Developmental Disabilities—Projects of designated in a State to administer and disabilities without discrimination National Significance, and 93.632 operate a protection and advocacy Developmental Disabilities—University based upon their physical or mental Affiliated Program) program for individuals with disability in all employment practices developmental disabilities under part C such as the following: Employment, Approved: April 25, 1995. of the Developmental Disabilities upgrading, demotion or transfer, Mary Jo Bane, Assistance and Bill of Rights Act, as recruitment, advertising, layoff or Assistant Secretary for Children and Families. amended by Pub. L. 103–230 (42 U.S.C. termination, rates of pay or other forms For the reasons set forth in the 6041, 6042); and advocacy programs of compensation, and selection for preamble, subchapter I, chapter XIII, of under the Protection and Advocacy for training, including apprenticeship. This title 45 of the Code of Federal Mentally Ill Individuals Act of 1986 obligation is in addition to the Regulations is proposed to be amended (PAIMI Act), as amended, (42 U.S.C. requirements of 45 CFR part 84, subpart as follows: 10801 et seq.) the Protection and B, prohibiting discrimination in Advocacy of Individual Rights Program employment practices on the basis of SUBCHAPTER IÐTHE ADMINISTRATION (PAIR), (29 U.S.C. 794(e); and the disability in programs receiving ON DEVELOPMENTAL DISABILITIES, assistance from the Department. DEVELOPMENTAL DISABILITIES Technology-Related Assistance for PROGRAM Individuals With Disabilities Act of Recipients of funds under the Act also 1988, as amended (29 U.S.C. 2212(e)). may be bound by the provisions of the PART 1385ÐREQUIREMENTS Protection and Advocacy System also Americans with Disabilities Act (Pub. L. APPLICABLE TO THE may be designated by the Governor of a 101–336, 42 U.S.C. 12101 et seq.) with DEVELOPMENTAL DISABILITIES State to conduct the Client Assistance respect to employment of individuals PROGRAM Program (CAP) authorized by section with disabilities. Failure to comply with 112 of the Rehabilitation Act of 1973, as section 109 of the Act may result in loss 1. The authority citation for part 1385 amended, (29 U.S.C. 732). Finally, the of Federal funds under the Act. If a continues to read as follows: Protection and Advocacy System may compliance action is taken, the State Authority: 42 U.S.C. 6000 et seq. provide advocacy services under other will be given reasonable notice and an Federal programs. opportunity for a hearing as provided in 2. Section 1385.1 is amended by subpart D of 45 CFR part 1386. revising paragraphs (a) and (b) and * * * * * republishing the introductory text to 4. Section 1385.4 is revised to read as § 1385.7 [Removed and reserved] follows: read as follows: 7. Section 1385.7 Waivers, is removed § 1385.4 Rights of individuals with and reserved. § 1385.1 General. developmental disabilities. 8. Section 1385.8 is amended by Except as specified in § 1385.4, the (a) Section 110 of the Act, Rights of revising the introductory text to read as requirements in this part are applicable Individuals with Developmental follows: to the following programs and projects: Disabilities (42 U.S.C. 6009) is § 1385.8 Formula for determining (a) Federal Assistance to State applicable to the programs authorized allotments. Developmental Disabilities Councils; under the Act, except for the Protection The Commissioner will allocate funds (b) Protection and Advocacy of the and Advocacy System. appropriated under the Act for the State Rights of Individuals with (b) In order to comply with section Developmental Disabilities Councils Developmental Disabilities; 122(c)(5)(G) of the Act (42 U.S.C. and the Protection and Advocacy * * * * * 6022(c)(5)(G)), regarding the rights of Systems on the following basis: individuals with developmental 3. Section 1385.3 is amended by * * * * * revising the definitions of ADD and disabilities, the State must meet the 9. Section 1385.9 is amended by Commissioner and adding requirements of 45 CFR 1386.30(e)(3). revising the first sentence of paragraph alphabetically a definition for ACF, and (c) Applications from university (a); revising paragraphs (b), (c), and (d) Protection and Advocacy System, to affiliated programs or for projects of and adding a new paragraph (e) to read read as follows: national significance grants must also as follows: contain an assurance that the human § 1385.3 Definitions. rights of individuals assisted by these § 1385.9 Grants administration * * * * * programs will be protected consistent requirements. ACF means the Administration for with section 110 (see section 153(c)(3) (a) The following parts of title 45 CFR Children and Families within the and section 162(c)(3) of the Act). apply to grants funded under parts 1386 26784 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules and 1388 of this chapter and to grants PART 1386ÐFORMULA GRANT § 1386.4 [Removed and reserved] for Projects of National Significance PROGRAMS 13. Section 1386.4, Eligibility for under section 162 of the Act (42 U.S.C. services is removed and reserved. 6082). 10. The authority citation for part 14. The heading of subpart B is 1386 continues to read as follows: * * * * * revised to read as follows: (b) The Departmental Appeals Board Authority: 42 U.S.C. 6000 et seq. also has jurisdiction over appeals by Subpart BÐState System for grantees which have received grants Subpart AÐBasic Requirements Protection and Advocacy of the Rights of Individuals With Developmental under the University Affiliated program 11. Section 1386.1 is revised to read Disabilities or for Projects of National Significance. as follows: The scope of the Board’s jurisdiction 15. A new § 1386.19 is added to concerning these appeals is described in § 1386.1 General. include definitions as follows: 45 CFR part 16. All rules under this subpart are (c) The Departmental Appeals Board applicable to both the State § 1386.19 Definitions. also has jurisdiction to decide appeals Developmental Disabilities Councils As used in §§ 1386.20 and 1386.21 of brought by the States concerning any and the Protection and Advocacy this part the following definitions apply: disallowances taken by the System. Designating official means the Commissioner with respect to specific 12. Section 1386.2 is amended by Governor, or other State official, who is expenditures incurred by the States or revising paragraphs (b)(1) and (c) to read empowered by the Governor or State by contractors or subgrantees of States. as follows: legislature to designate the State official This jurisdiction relates to funds or public or private agency to be provided under the two formula § 1386.2 Obligation of funds. accountable for the proper use of funds programs—part B of the Act—Federal * * * * * by the State Protection and Advocacy Assistance to State Developmental (b) (1) A State incurs an obligation for System. Disabilities Councils and part C of the acquisition of personal property or for Full investigations means the access Act—Protection and Advocacy of the the performance of work on the date it to clients, public and private facilities Rights of Individuals with makes a binding, legally enforceable, and entities and their staff, and the Developmental Disabilities. Appeals written commitment, or when the State records regarding the operation of the filed by States shall be decided in Developmental Disabilities Council institution that is necessary for a accordance with 45 CFR part 16. enters into an Interagency Agreement reasonable person to make an informed (d) In making audits, examinations, with an agency of State government for excerpts and transcripts of records for decision about whether the alleged or acquisition of personal property or for suspected abuse is taking place or has the State Developmental Disabilities the performance of work. Councils, the University Affiliated taken place. programs, and the Projects of National * * * * * Probable cause means a reasonable Significance grantees and subgrantees, (c) (1) The Protection and Advocacy ground for belief that an individual or as provided for in 45 CFR part 74 and System may elect to treat entry of an group of individuals with part 92, the Department will keep appearance in judicial and developmental disabilities may now be information about individual clients administrative proceedings on behalf of subject to or have been subject to abuse confidential to the extent permitted by an individual with a developmental or neglect. The reported existence of law and regulations. disability as a basis for obligating funds conditions or problems that are usually (e) (1) In making any periodic audit, for the litigation costs. The amount of associated with abuse and neglect will report, or evaluation of the performance the funds obligated must not exceed a be Probable Cause. of the Protection and Advocacy System, reasonable estimate of the costs, and the Record of an individual with a the Secretary does not require the way the estimate was calculated must be developmental disability includes Protection and Advocacy System to documented. reports prepared or received by any staff disclose the identity of, or any other (2) For the purpose of this paragraph, of a facility rendering care or treatment, personally identifiable information litigation costs means expenses for court or reports prepared by an agency or staff related to, any individual requesting costs, depositions, expert witness fees, person charged with investigating assistance under the program. travel in connection with a case and reports of incidents of abuse or neglect, (2) However, notwithstanding similar costs and costs resulting from injury or death occurring at such facility paragraph (e)(1) of this section, if an litigation in which the agency has that describes incidents of abuse, audit, monitoring review, evaluation, or represented an individual with neglect, injury, or death occurring at other investigation by the Department developmental disabilities (e.g. such facility and the steps taken to produces evidence that the System has monitoring court orders, consent investigate such incidents, and violated the Act or the regulations, the decrees), but not for salaries of discharge planning records. System will bear the burden of proving employees of the Protection and 16. Section 1386.20 is amended by its compliance. The System’s inability Advocacy System. All funds made revising the heading; revising to establish compliance because of the available for Federal Assistance to State paragraphs (a), (d), and (e); and adding confidentiality of records will not Developmental Disabilities Councils a new paragraph (f) to read as follows: relieve it of this responsibility. The and to the Protection and Advocacy eligible system may elect to obtain a System obligated under this paragraph § 1386.20 Designated State Protection and release from all individuals requesting are subject to the requirement of Advocacy System. or receiving services at the time of paragraph (a) of this section. These (a) The designating official must intake or application. The release shall funds, if reobligated, may be reobligated designate the State official or public or state that only information directly only within a two year period beginning private agency to be accountable for the related to client and case eligibility will with the first day of the Federal fiscal proper use of funds and conduct of the be subject to disclosure to officials of year in which the funds were originally State Protection and Advocacy System. the Department. awarded. * * * * * Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26785 (d)(1) Prior to any redesignation of the This agency will be eligible to (2) In the event that the agency subject agency which administers and operates administer other Federal advocacy to redesignation does exercise its right the State Protection and Advocacy programs. to appeal under paragraph (e)(1) of this System, the designating official must (viii) A description of the system section, the designating official or entity give notice of the intention to make the which the new agency would must give public notice of the Assistant redesignation to the agency currently administer and operate, including a Secretary’s final decision regarding the administering and operating the State description of all other Federal appeal through the same means utilized Protection and Advocacy System by advocacy programs the agency would under paragraph (d)(3) of this section registered or certified mail. The operate; and within 10 days of receipt of the designating official must also publish a (ix) The timetable for assumption of Assistant Secretary’s final decision public notice of the proposed action. operations by the new agency and the under paragraph (e)(6) of this section. The agency and the public shall have a estimated costs of any transfer and start- (3) The designating official or entity reasonable period of time, but not less up operations. within 10 working days from the receipt than 45 days to respond to the notice. (3) The public notice, as required by of a copy of the appeal must provide (2) The public notice must include: paragraph (d)(1) of this section, must be written comments to the Assistant (i) The Federal requirements for the in a format accessible to individuals Secretary (with a copy sent by registered Protection and Advocacy system for with developmental disabilities or their or certified mail to the Protection and individuals with developmental representatives, e.g., tape, diskette. The Advocacy agency appealing under disabilities (section 142 of the Act); and, designating official or entity must paragraph (e)(1) of this section), or where applicable, the requirements of provide for publication of the notice of withdraw the redesignation. The the Protection and Advocacy for the proposed redesignation using the comments must include a summary of Individuals with Mental Illness Act of State register, State-wide newspapers, the public comments received in 1986, as amended, (42 U.S.C. 10805 and public service announcements on radio response to the public notice concerning 10821); the Protection and Advocacy of and television, or any other legally the proposed redesignation under Individual Rights Program (29 U.S.C. equivalent process. Copies of the notice paragraph (d)(2) of this section, the 794(e) and the Client Assistance must be made generally available to results of the hearing provided for under paragraph (d)(4) of this section, and may Program (29 U.S.C. 732), of the individuals with developmental provide any additional relevant Rehabilitation Act of 1973, as amended; disabilities and mental illness who live the Technology-Related Assistance for information. in residential facilities through posting (4) In the event that the designating Individuals Act of 1988, as amended by or some other means. Pub.L. 103–218 (Protection and official withdraws the redesignation (4) After the expiration of the public Advocacy contracts and grants); or any while under appeal pursuant to comment period required in paragraph other Federal advocacy program that is paragraph (e)(1) of this section, the (d)(1) of this section, the designating administered by the State Protection designating official must notify the official must conduct a public hearing and Advocacy System. Assistant Secretary, and the current (ii) The goals and function of the on the redesignation proposal. After agency, and must give public notice of State’s Protection and Advocacy System consideration of all public and agency his or her decision through the same including the current Statement of comments, the designating official or means utilized under paragraph (d)(3) of Objectives and Priorities; entity must give notice of the final this section. (iii) The name and address of the decision to the currently designated (5) As part of their submission under agency currently designated to agency and the public through the same paragraph (e)(1) or (e)(3) of this section, administer and operate the Protection means used under paragraph (d)(3) of either party may request, and the and Advocacy System; and an this section. If the notice to the Assistant Secretary may grant, an indication of whether the agency also currently designated agency states that opportunity for an informal meeting operates other Federal advocacy the redesignation will take place, it also with the Assistant Secretary at which programs; must inform the agency of its right to representatives of both parties will (iv) A description of the current appeal this decision to the Assistant present their views on the issues in the Protection and Advocacy agency and Secretary, Administration for Children appeal. The meeting will be held within the system it administers and operates and Families. The redesignation shall 20 working days of the submission of including, as applicable, descriptions of not be effective until 10 working days written comments by the designating other Federal advocacy programs it after notifying the current Protection official or entity under paragraph (e)(2) operates; and Advocacy agency or, if the agency of this section. The Assistant Secretary (v) A clear and detailed explanation of appeals, until the Assistant Secretary will promptly notify the parties of the the good cause for the proposed has considered the appeal. date and place of the meeting. redesignation; (e)(1) Following notification pursuant (6) Within 30 days of the informal (vi) A statement suggesting that to paragraph (d)(4) of this section, the meeting under paragraph (e)(5) of this interested persons may wish to write the Protection and Advocacy agency which section, or, if there is no informal current State Protection and Advocacy is the subject of such action may appeal meeting under paragraph (e)(5) of this agency at the address provided in the redesignation to the Assistant section, within 30 days of the paragraph (d)(2)(iii) of this section to Secretary. To do so, the Protection and submission under paragraph (e)(3) of obtain a copy of its response to the Advocacy agency must submit an this section, the Assistant Secretary will notice required by paragraph (d)(1) of appeal in writing to the Assistant issue to the parties a final written this section. Copies shall be provided in Secretary within 10 working days of decision on whether the redesignation accessible formats to individuals with receiving official notification under was for good cause. Redesignation for disabilities upon request. paragraph (d)(4) of this section, with a good cause may include, but is not (vii) The name of the new agency separate copy sent by registered or limited to, eliminating longstanding or proposed to administer and operate the certified mail to the designating official pervasive inefficiency and correcting Protection and Advocacy System under or entity which made the decision unacceptable performance. The the Developmental Disabilities program. concerning redesignation. Assistant Secretary will consult with 26786 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules Federal advocacy programs that will be release of information from the client’s and Bill of Rights Act, as amended. directly affected by the proposed record; and However, State law must not diminish redesignation in making a final decision (3) Obtain written consent from the the required authority of the Protection on the appeal. client, if competent, or his or her and Advocacy System. (f)(1) Within 30 days after the guardian, before it releases information 18. Section 1386.22 is added to read redesignation becomes effective under to individuals not otherwise authorized as follows: paragraph (d)(4) of this section, the to receive it. designating official must submit an (c) (1) A Protection and Advocacy § 1386.22 Public notice of Federal onsite review. assurance to the Assistant Secretary that System must have access to records of the newly designated Protection and an individual with a developmental Prior to any Federal review of the Advocacy agency meets the disability, including a person who is no State program, a 30 day notice and an requirements of the statute and the longer living, as provided by section opportunity for public comment must regulations. 142(a)(2)(I) of the Act and the authority be provided. Reasonable effort shall be (2) In the event that the Protection necessary to conduct full investigations made by the appropriate Regional Office and Advocacy agency subject to of abuse and neglect on the Protection to seek comments through notification redesignation does not exercise its rights and Advocacy System’s determination to major disability advocacy groups, the to appeal within the period provided of probable cause or if the incidents are State Bar, other disability law resources, under paragraph (e)(1) of this section, reported to the System. the State Developmental Disabilities the designating official must provide to (2) A Protection and Advocacy Council and the University Affiliated the Assistant Secretary documentation System must have trained staff to Program, for example, through that the agency was redesignated for conduct full investigations of abuse and newsletters and publications of those good cause. Such documentation must neglect upon the System’s organizations. The findings of public clearly demonstrate that the Protection determination of probable cause or if the comments may be consolidated if and Advocacy agency subject to incidents are reported to the System. sufficiently similar issues are raised and redesignation was not redesignated for (3) Protection and Advocacy Systems they shall be included in the report of any actions or activities which were must have authority to have access at the onsite visit. carried out under section 142 of the Act, reasonable times and locations to 19. Section 1386.23 is revised to read these regulations or any other Federal residents of any private or public as follows: advocacy program’s legislation or facility that is providing services, supports, and other assistance to such § 1386.23 Periodic reports: Protection and regulations. Advocacy System. 17. Section 1386.21 is revised to read residents as provided in section (a) By January 1 of each year the as follows: 142(a)(2)(H) of the Act. Systems must also have authority to have access at Protection and Advocacy System shall § 1386.21 Requirements of the Protection reasonable times and locations to staff of submit an Annual Program Performance and Advocacy System. private or public facilities when Report as required in section 107(b) of (a) In order for a State to receive investigating incidents of abuse and the Act, in a format designated by the Federal financial participation for neglect under the authority required in Secretary. Protection and Advocacy activities section 142(a)(2)(B). (b) Financial status reports must be under this subpart, as well as the State (4) Protection and Advocacy systems submitted by the Protection and Developmental Disabilities Council must be authorized to keep confidential Advocacy Agency according to a activities (subpart C), the Protection and the names and identity of individuals frequency interval specified by the Advocacy System must meet the who report incidents of abuse and Administration for Children and requirements of section 142 of the Act neglect and individuals who furnish Families. In no case will such reports be (42 U.S.C. 6042) and that system must information that forms the basis for a required more frequently than quarterly. be operational. determination that probable cause (c) By August 15 of each year, the (b) The client’s record is the property exists. Protection and Advocacy System shall of the Protection and Advocacy agency (d) A Protection and Advocacy submit an Annual Statement of which must protect it from loss, System shall not implement a policy or Objectives and Priorities for the coming damage, tampering, or use by practice restricting the remedies which fiscal year as required under section unauthorized individuals. The may be sought on the behalf of 142(a)(2)(C) of the Act. It shall include: Protection and Advocacy agency must: individuals with developmental (1) The rationale for the Statement; (1) Keep confidential all information disabilities or compromising the (2) A budget for the System’s contained in a client’s records, which authority of the Protection and operations for the next fiscal year; includes, but is not limited to, Advocacy System to pursue such (3) Documentation of the process and information contained in an automated remedies through litigation, legal action outcome of soliciting public input as data bank. For purposes of any periodic or other forms of advocacy. described in paragraph (d) of this audit, report, or evaluation required (e) A State shall not apply hiring section; under the Act, the Secretary shall not freezes, reductions in force, prohibitions (4) An explanation of how public require a program to disclose the on staff travel, or other policies, to the comments were reflected either in the identify of, or any other personally extent that such policies would impact Statement of Objectives and Priorities or identifiable information related to, any staff or functions funded with Federal were not reflected, and if not, why; individual requesting assistance under funds and would prevent the system (5) A description of how the such program. This regulation does not from carrying out its mandates under Protection and Advocacy System limit access by parents or legal the Act. operates and how it coordinates the guardians of minors unless prohibited (f) A Protection and Advocacy System Protection and Advocacy program for by State or Federal law, court order or may exercise its authority under State individuals with developmental the rules of attorney-client privilege; law where the authority exceeds the disabilities with the following Federal (2) Have written policies governing authority required by the Advocacy programs: Protection and access to, storage of, duplication of, and Developmental Disabilities Assistance Advocacy of Individual Rights program Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26787 (PAIR) and Client Assistance Program, (a) will require an Information Collection Re- State Developmental Disabilities (CAP), (Rehabilitation Act), the Long approval Request to be prepared by ADD. Council. The State Developmental Term Care Ombudsman program (Older Previous Office of Management and Budget Disabilities Council will provide Americans Act), the Protection and control number was 0980–0160. The opportunities for public input during requirements under paragraph (b) are Advocacy System for Mentally Ill approved under control number 0348–0039 planning and development of the State Individuals program (PAIMI), by the Office of Management and Budget. Plan. In addition, the State (Protection and Advocacy for the Information collection requirements Developmental Disabilities Council will Mentally Ill Act), Assistive Technology contained in paragraph (c) are new consult with the Designated State Protection and Advocacy Projects requirements pursuant to section 142(a)(2)(C) Agency before the State Plan is (Technology-Related Assistance for and section 107(b) of the Act. This submitted to the Secretary to ensure that Individuals with Disabilities Technical information will require Office of the State Plan is not in conflict with Assistance Act) and State Management and Budget approval). applicable State laws. The Designated Developmental Disabilities Council and 20. Section 1386.24 is amended by State Agency shall provide support UAP advocacy activities. This revising paragraph (a), redesignating services as requested by and negotiated description must address the System’s paragraph (b) as (a)(2); and adding a with the Council. intake process, internal and external new paragraph (b) to read as follows: * * * * * referrals of eligible clients, duplication § 1386.24 Non-allowable costs for the (c) * * * and overlap of services and eligibility, Protection and Advocacy System. (1) Identify the program unit(s) within streamlining of advocacy services, the Designated State Agency responsible (a) Federal financial participation is collaboration and sharing of information for providing assurances and fiscal and not allowable for: on service needs and development of (1) Costs incurred for activities on other support services. Statements of Objectives and Priorities behalf of individuals with * * * * * for the various advocacy programs; and developmental disabilities to solve (3) Describe how the Developmental (6) A description of the procedures problems not directly related to their Disabilities network in the State (i.e., used for informing individuals with disabilities and which are faced by the Developmental Disabilities Council, developmental disabilities, their general populace; and Protection and Advocacy System, and families, disability organizations, the (2) * * * University Affiliated programs(s)) is State Bar Association, other disability (b) Attorneys fees are considered working with the disabilities law resources and the public of the program income pursuant to Part 74— community to bring about broad Protection and Advocacy’s priorities Administration of Grants and Part 92— systems change to benefit individuals and services including use of referrals to Uniform Administrative Requirements with developmental disabilities, and, other sources of legal advocacy. for Grants and Cooperative Agreements where applicable, the ways in which (d) Each fiscal year, the Protection to State and Local Governments and individuals with other disabilities may and Advocacy Agency shall: must be added to the funds committed benefit as well. (1) Obtain formal public input on its to the program and used to further the * * * * * Statement of Objectives and Priorities; objectives of the program. This (e) The State Plan may provide for (2) At a minimum, publish a proposed requirement shall apply to all attorneys funding of projects to demonstrate new Statement of Objectives and Priorities fees, including those received after the approaches to enhance the for the next fiscal year in a publication project period in which they were independence, productivity, and of general distribution and make it earned. integration and inclusion into the accessible to individuals with 21. The heading of subpart C is community of individuals with developmental disabilities and their revised to read as follows: developmental disabilities. Such representatives, allowing at least 45 projects are not to exceed three years in days from the date of publication for Subpart CÐState Plan for Assisting in duration and may include assistance in comment; the Development of a Comprehensive developing strategies for securing funds (3) Provide to the State System of Services and Supports for for continuation of the project from Developmental Disabilities Council and Individuals With Developmental sources other than funds received under the University Affiliated Program a copy Disabilities the Act. of the proposed Statement of Objectives 22. Section 1386.30 is amended by (f) The State Plan must contain and Priorities for comments revising paragraphs (a) and (c)(1); assurances that: concurrently with the public notice; redesignating paragraph (e) as (f); * * * * * (4) Address any comments received revising newly redesignated paragraphs (2) The human rights of individuals through the public input and any input (f) (2), (3), and (4); and adding new with developmental disabilities will be received from the State Developmental paragraphs (c)(3) and (e) to read as protected consistent with section 110 of Disabilities Council and the University follows: the Act (42 U.S.C. 6009). Affiliated Program in the final (3) Buildings used in connection with Statement submitted to the Department; § 1386.30 State Plan requirements. activities assisted under the Plan must and (a) In order to receive Federal meet all applicable provisions of (5) Address how the State financial assistance under this subpart, Federal and State laws pertaining to developmental disabilities network (the each State Developmental Disabilities accessibility, fire, health and safety Protection and Advocacy System; State Council must prepare and must submit standards. Developmental Disabilities Council; and to the Secretary and have in effect a (4) The State Developmental the University Affiliated Program) will State Plan which meets the Disabilities Council shall follow the collaborate with each other and with requirements of sections 122 and 124 of requirements of section 124(c)(8), (9) public and private entities outside the the Act (42 U.S.C. 6022 and 6024) and and (10) regarding budgeting, staff developmental disabilities network. these regulations. The development of hiring and supervision and staff (Information collection requirements the State Plan and applicable annual assignment. Budget expenditures must regarding the report referenced in paragraph amendments, is the responsibility of the be consistent with applicable State laws 26788 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules and policies regarding grants and (b) The final State Plan and, where State’s decision to provide for contracts and proper accounting and applicable, State Plan amendments, community living activities. bookkeeping practices and procedures. must be submitted to the appropriate * * * * * In relation to staff hiring, the clause Regional office of the Department 45 26. Section 1386.34 is added to read ‘‘consistent with State law’’ means that days prior to the fiscal year for which as follows: the hiring of State Developmental it is applicable. Unless State law Disabilities Council staff must be done provides differently, the State Plan and § 1386.34 Designated State Agency. in accordance with State personnel amendments or related documents must (a) If the State Developmental policies and procedures, except that a be approved by the Governor or the Disabilities Council requests a review by State shall not apply hiring freezes, Governor’s designee as may be required the Governor (or legislature) of the reductions in force, prohibitions on staff by any applicable Federal issuance. Designated State Agency, the Council must provide documentation of the travel, or other policies, to the extent * * * * * that such policies would impact staff or reason for change and recommend a 24. Section 1386.32 is revised to read preferred Designated State Agency. functions funded with Federal funds as follows: and would prevent the Council from (b) After the review is completed, a carrying out its functions under the Act. § 1386.32 Periodic reports: Federal majority of the non-State agency assistance to State Developmental members of the Council may appeal to (Information collection requirements Disabilities Councils. the Assistant Secretary for a review of contained in paragraph (a) are approved by the designation of the designated State the Office of Management and Budget under (a) The Governor or the appropriate agency if the Council’s independence as control number 0980–0162. ADD will State financial officer must submit prepare an Information Collection Request to an advocate is not assured because of financial status reports on the programs the actions or inactions of the OMB based on the new requirements of the funded under this subpart according to 1994 Amendments.) designated State agency. a frequency interval which will be (c) The following steps apply to the 23. Section 1386.31 is amended by specified by the Administration for appeal of the Governor’s (or redesignating the current paragraphs (a), Children and Families. In no case will legislature’s) determination of the (b), (c), and (d) as (b), (c), (d) and (e); such reports be required more Designated State Agency. adding a new paragraph (a); and frequently than quarterly. (1) Prior to an appeal to the Assistant revising the newly redesignated (b) By January 1 of each year an Secretary, Administration for Children paragraph (b) as follows: Annual Program Performance Report and Families, the State Developmental § 1386.31 State Plan submittal and must be submitted, as required in Disabilities Council, at the request of the approval. section 107(a) of the Act (42 U.S.C. non-State Agency members, must give a 6006a), in a format designated by the 30 day written notice, by certified mail, (a) The public review process for the Secretary. to the Governor (or legislature) of the State Plan required by Section 122(d)(1) (Information collection requirements majority of non-State members’ of the Act shall include at least: intention to appeal the designation of (1) Issuance of a public notice, contained in paragraphs (a) and (b) have expired and will require an Information the Designated State Agency. announcing from the Governor or the Collection Re-approval Request to be (2) The appeal must clearly identify Governor’s designee, the availability of prepared by ADD. Previous Office of the grounds for the claim that the the proposed State Plan or State Plan Management and Budget control number for Council’s independence as an advocate amendment. The notice shall be paragraph (a) was 0980–0212 and for is not assured because of the actions or published in formats accessible to paragraph (b) was 0980–0172. The inactions of the designated State agency. individuals with disabilities (e.g., tape, Information Collection Request for Re- (3) Upon receipt of the appeal from diskette) and the general public, and approval concerning the reports will be the State Developmental Disabilities modified pursuant to the 1994 Amendments). shall provide a 45 day period for public Council, the Assistant Secretary will review and comment. 25. Section 1386.33 is amended by notify the State Developmental (2) Provisions for addressing and revising paragraph (a) as follows: Disabilities Council and the Governor incorporating significant comments or (or legislature), by certified mail, that suggestions about the proposed State § 1386.33 Protection of employee's the appeal has been received and will be Plan. Councils will consider and interests. acted upon within 60 days. The respond to suggestions which call for (a) Based on section 122(c)(5)(K) of Governor (or legislature) shall within 10 elimination, substitution, or addition of the Act (42 U.S.C. 6022(c)(5)(K), the working days from the receipt of the a Plan goal or objective. Councils will State plan must provide for fair and Assistant Secretary’s notification also respond to questions or comments equitable arrangements to protect the provide written comments to the about the use of Federal funds or other interest of all institutional employees Assistant Secretary (with a copy sent by resources. affected by actions under the plan to registered or certified mail to the (3) Upon completion of the tasks provide community living activities. Council) on the claims in the Council’s required by paragraphs (a) (1) and (2) of Specific arrangements for the protection appeal. Either party may request, and this section and submission of a State of affected employees must be the Assistant Secretary may grant, an Plan to the Regional Office, issuance of developed through negotiations between opportunity for an informal meeting a second public notice, also in formats the appropriate State authorities and with the Assistant Secretary at which accessible to individuals with employees or their representatives. Fair representatives of both parties will disabilities (e.g., tape, diskette) and the and equitable arrangements must present their views on the issues in the general public, on the availability of the include procedures that provide for the appeal. The meeting will be held within State Plan or Plan amendments. impartial resolution of disputes between 20 working days of the submission of Councils may use the second public the State and an employee concerning written comments by the Governor (or notice as the vehicle for responding to the interpretation, application, and legislature). The Assistant Secretary will questions or comments referred to in enforcement of protection arrangements. promptly notify the parties of the date paragraph (a)(2) of this section. The State must inform employees of the and place of the meeting. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26789 (4) The Assistant Secretary will priority area activities directly carried conduct any hearing held under this review the issue(s) and provide a final out by the Council and Council staff. subpart. The term includes the Assistant written decision within 60 days (f) The non-Federal expenditures Secretary if the Assistant Secretary following receipt of the State must support activities authorized by presides over the hearing. Developmental Disabilities Council’s the Act and approved by the Council, Payment or Allotment means an appeal. If the determination is made that but may include non-Federal support amount provided under Part B or C of the Designated State Agency should be for implementation activities pursuant the Developmental Disabilities redesignated, the Governor (or to section 125A(a)(2) of the Act, as well Assistance and Bill of Rights Act. This legislature) must provide written as functions of the designated State term includes Federal funds provided assurance of compliance within 45 days agency. under the Act irrespective of whether from receipt of the decision. 28. Section 1386.36 is amended by the State must match the Federal (5) During any time of this appeals revising the section heading and portion of the expenditure. This term process the State Developmental paragraph (e) to read as follows: shall include funds previously covered Disabilities Council may withdraw such by the terms ‘‘Federal financial § 1386.36 Final disapproval of the State request if resolution has been reached plan or plan amendments. participation,’’ ‘‘the State’s total with the Governor (or legislature) on the allotment,’’ ‘‘further payments,’’ designation of the Designated State * * * * * ‘‘payments,’’ ‘‘allotment’’ and ‘‘Federal (e) A State has filed its request for a Agency. The Governor (or legislature) funds.’’ hearing with the Assistant Secretary must notify the Assistant Secretary in 31. Section 1386.85 is amended by within 21 days of the receipt of the writing of such an occurrence. revising paragraph (a) to read as follows: decision. The request for a hearing must 27. Section 1386.35 is amended by be sent by certified mail to the Assistant § 1386.85 Filing and service of papers. revising the heading and paragraph Secretary. The date of mailing the (b)(1) and adding new paragraphs (d), (a) All papers in the proceedings must request is considered the date of filing (e), and (f) to read as follows: be filed with the designated individual if it is supported by independent in an original and two copies. Only the § 1386.35 Allowable and non-allowable evidence of mailing, otherwise the date originals of exhibits and transcripts of costs for Federal assistance to State of receipt shall be considered the date testimony need be filed. Developmental Disabilities Councils. of filing. * * * * * * * * * * 29. Section 1386.37 is added to read 32. Section 1386.90 is revised to read (b) * * * as follows: as follows: (1) Costs incurred by institutions or § 1387.37 Public notice of Federal onsite § 1386.90 Notice of hearing or opportunity other residential or non-residential review. for hearing. programs which do not comply with the Prior to any Federal review of the Congressional findings with respect to Proceedings are commenced by State Developmental Disabilities mailing a notice of hearing or the rights of individuals with Council, a 30 day notice and an developmental disabilities in section opportunity for hearing from the opportunity for comment will be Assistant Secretary to the State 110 of the Act (42 U.S.C. 6009). provided. Reasonable effort will be * * * * * Developmental Disabilities Council and made by the appropriate Regional Office the Designated State Agency, or to the (d) For purposes of determining to seek comments through notification aggregate minimum State share of State Protection and Advocacy System to major disability groups, the State or designated official. The notice must expenditures, there are three categories Protection and Advocacy agency and of expenditures: state the time and place for the hearing, the University Affiliated Program, for and the issues which will be (1) Expenditures for priority area example, through newsletters and projects carried out directly by the considered. The notice must be publications of those organizations. The published in the Federal Register. Council and Council staff, as described findings of public comments may be in section 125A(a)(2) of the Act, 33. Section 1386.92 is revised to read consolidated if sufficiently similar as follows: requiring no non-Federal aggregate issues are raised and they will be participation; included in the report of the onsite visit. § 1386.92 Place. (2) Expenditures for priority area The hearing must be held on a date Subpart DÐPractice and Procedure for projects in poverty areas but not carried and at a time and place determined by Hearings Pertaining to States' out directly by the Council and Council the Assistant Secretary with due regard Conformity and Compliance With staff, as described in section 125A(a)(1) for convenience, and necessity of the Developmental Disabilities State Plans, of the Act, requiring a minimum of 10 parties or their representatives. The site Reports and Federal Requirements percent non-Federal aggregate of the hearing shall be accessible to participation; and 30. Section 1386.80 is revised to read individuals with disabilities. (3) All other expenditures, requiring a as follows: 34. Section 1386.93 is amended by minimum of 25 percent non-Federal revising paragraphs (c)(2) and (d) to read aggregate participation. § 1386.80 Definitions. as follows: (e) As a consequence of paragraph (d) For purposes of this subpart: of this section, the minimum aggregate Assistant Secretary means the § 1386.93 Issues at hearing. non-Federal expenditure required under Assistant Secretary for Children and * * * * * the Act is calculated as the sum of: Families (ACF) or a presiding officer. (c) * * * (1) One-ninth of Federal expenditures ADD means Administration on (2) Prior to the removal of an issue, in for projects in poverty areas, such Developmental Disabilities, whole or in part, from a hearing projects not being directly carried out by Administration for Children and involving issues relating to the the Council and Council staff; and Families. conformity with Federal requirements (2) Plus one-third of all other Federal Presiding officer means anyone under Part B of the Act, of the State plan expenditures except those supporting designated by the Assistant Secretary to or the activities of the State’s Protection 26790 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules and Advocacy System, the Assistant commencement of the hearing. The specify whether the State’s payment or Secretary must provide all parties other petition must concisely state: allotment for the fiscal year will not be than the Department and the State (see (i) The petitioner’s interest in the authorized for the State or whether, in § 1386.94(b)) with the statement of his hearing; the exercise of his or her discretion, the or her intention to remove an issue from (ii) Who will represent the petitioner, payment or allotment will be limited to the hearings and the reasons for that and the parts of the State plan or the decision. A copy of the proposed State (iii) The issues on which the activities of the State’s Protection and plan provision or document explaining petitioner intends to present argument. Advocacy System not affected by the changes in the activities of the State’s (2) The presiding officer may grant the noncompliance. protection and advocacy system on petition if he or she finds that the (2) In the case of a hearing pursuant which the State and the Assistant petitioner has a legitimate interest in the to section 127 of the Act that the State Secretary have settled must be sent to proceedings, that such participation will is not complying with the requirements the parties. The parties must have an not unduly delay the outcome and may of the State plan, he or she must also opportunity to submit in writing within contribute materially to the proper specify whether the State’s payment or 15 days their views as to, or any disposition of the issues. allotment will not be made available to information bearing upon, the merits of (3) An amicus curiae may present a the State or whether, in the exercise of the proposed provision and the merits brief oral statement at the hearing at the his or her discretion, the payment or of the reasons for removing the issue point in the proceedings specified by allotment will be limited to the parts of from the hearing. the presiding officer. It may submit a the State plan not affected by such (d) In hearings involving questions of written statement of position to the noncompliance. The Assistant Secretary noncompliance of a State’s operation of presiding officer prior to the beginning may ask the parties for its program under Part B of the Act with of a hearing and must serve a copy on recommendations or briefs or may hold the State plan or with Federal each party. It also may submit a brief or conferences of the parties on these requirements or compliance of the written statement at such time as the questions. State’s Protection and Advocacy System parties submit briefs and must serve a (d) The decision of the Assistant with Federal requirements, the same copy on each party. Secretary under this section is the final procedure set forth in paragraph (c)(2) of 36. Section 1386.101 is amended by decision of the Secretary and constitutes this section must be followed with revising paragraphs (a)(11) and (c) to ‘‘final agency action’’ within the respect to any report or evidence read as follows: meaning of 5 U.S.C. 704 and the resulting in a conclusion by the § 1386.101 Authority of presiding officer. ‘‘Secretary’s action’’ within the meaning Assistant Secretary that a State has (a) * * * of section 129 of the Act (42 U.S.C. achieved compliance. (11) If the presiding officer is a person 6029). The Assistant Secretary’s * * * * * other than the Assistant Secretary, he or decision must be promptly served on all 35. Section 1386.94 is amended by she shall certify the entire record, parties and amici. revising paragraphs (a), (b)(2), and (c) to including recommended findings and 38. Section 1386.112 is amended by read as follows: proposed decision, to the Assistant revising paragraphs (a) and (b) to read as follows: § 1386.94 Request to participate in Secretary; hearing. * * * * * § 1386.112 Effective date of decision by (a) The Department, the State, the (c) If the presiding officer is a person the Assistant Secretary. State Developmental Disabilities other than the Assistant Secretary, his or (a) If, in the case of a hearing pursuant Council, the Designated State Agency, her authority is to render a to section 122 of the Act, the Assistant and the State Protection and Advocacy recommended decision with respect to Secretary concludes that a State plan System, as appropriate, are parties to the program requirements which are to be does not comply with Federal hearing without making a specific considered at the hearing. In case of any requirements, and the decision provides request to participate. noncompliance, he or she shall that the payment or allotment will be (b) * * * recommend whether payments or authorized but limited to parts of the (2) Any individual or group wishing allotments should be withheld with State plan not affected by such to participate as a party must file a respect to the entire State plan or the noncompliance, the decision must petition with the designated individual activities of the State’s Protection and specify the effective date for the within 15 days after notice of the Advocacy System, or whether the authorization of the payment or hearing has been published in the payments or allotments should be allotment. withheld only with respect to those Federal Register, and must serve a copy (b) In the case of a hearing pursuant parts of the program affected by such on each party of record at that time in to sections 127 or 142 of the Act, if the noncompliance. accordance with § 1386.85(b). The Assistant Secretary concludes that the 37. Section 1386.111 is amended by petition must concisely state: State is not complying with the revising paragraphs (c) and (d) to read (i) Petitioner’s interest in the requirements of the State plan or the as follows: proceeding; activities of the State’s Protection and (ii) Who will appear for petitioner; § 1386.111 Decisions following hearing. Advocacy System do not comply with (iii) The issues the petitioner wishes * * * * * Federal requirements, the decision that to address; and (c) If the Assistant Secretary further payments or allotments will not (iv) Whether the petitioner intends to concludes: be made to the State, or will be limited present witnesses. (1) In the case of a hearing pursuant to the parts of the State plan or activities * * * * * to sections 122, 127, or 142 of the Act, of the State’s Protection and Advocacy (c)(1) Any interested person or that a State plan or the activities of the System not affected, must specify the organization wishing to participate as State’s Protection and Advocacy System effective date for withholding payments amicus curiae must file a petition with does not comply with Federal of allotments. the designated individual before the requirements, he or she shall also * * * * * Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26791 PART 1387ÐPROJECTS OF for example, promoting community- (consistent with available resources), NATIONAL SIGNIFICANCE based programming for persons with and systemically evaluated. developmental disabilities across all 39. The authority citation for part ages. § 1388.2 Program criteriaÐpurpose. 1387 continues to read as follows: Collaboration means that the UAP The program criteria will be used to Authority: 42 U.S.C. 6000 et seq. cooperates with a wide range of persons, assess the quality of the University systems, and agencies, whether they 40. Section 1387.1 is being amended Affiliated Programs (UAP). The overall utilize services of the UAP or are by revising paragraphs (a), (b), and (d) purpose of the program criteria is to involved in UAP planning and to read as follows: assure the promotion of independence, programs. These entities include productivity, integration and inclusion § 1387.1 General requirements. individuals with developmental of individuals with developmental (a) All projects funded under this part disabilities and family members, as well disabilities. Compliance with the must be of national significance and as the Developmental Disabilities program criteria is a prerequisite for a serve or relate to individuals with Network, advocacy and other disability UAP to receive the minimum funding developmental disabilities to comply groups, university components, generic level of a UAP. However, compliance with section 162 of the Act. and specialized human service agencies, with the program criteria does not, by (b) Based on section 162(d), proposed State agencies and citizen and itself, assure funding. community groups. An example of this priorities for grants and contracts will § 1388.3 Program criteriaÐmission. be published in the Federal Register cooperation is the Consumer Advisory and a 60 day period for public Committee, a required element in each (a) Introduction to mission: The comments will be allowed. UAP. purpose and scope of UAP activities Culturally competent manner means must be consistent with the Act as * * * * * provision of services, supports, or other (d) Projects of National Significance, amended and include the provision of assistance in a manner that is other than technical assistance and data training, service, technical assistance responsive to the beliefs, interpersonal collection grants, must be exemplary and dissemination of information in a styles, attitudes, language and behaviors and innovative models and have culturally competent manner. UAPs of individuals who are receiving potential for replication at the local must include in their activities the services, and that has the greatest level as well as nationally or otherwise underserved, and provide for likelihood of ensuring their maximum meet the goals of part E of the Act. meaningful participation of individuals participation in the program. from diverse racial and ethnic 41. Part 1388 is revised to read as Diverse network means that although follows: backgrounds. UAP principles and each UAP has the same mandates under operations must be consistent with the PART 1388ÐTHE UNIVERSITY the Act, the expression of these common UAP’s mission statement. (The concept AFFILIATED PROGRAMS mandates differs across programs. Each of ‘‘diverse network’’ as defined in UAP must implement these mandates § 1388.1 of this part applies to Sec. within the context of their host paragraphs (b), (f), (g), and (h) of this 1388.1 Definitions. university, their location within the section.) 1388.2 Program criteria—purpose. university, the needs of the local and 1388.3 Program criteria—mission. (b) The UAP must develop a written State community, the cultural mission statement that reflects its values 1388.4 Program criteria—governance and composition of their State, their administration. and the goals of the university in which 1388.5 Program criteria—preparation of resources and funding sources, and their it is located. The UAP’s goals, objectives personnel. institutional history. These factors and activities must be consistent with 1388.6 Program criteria—services and converge to create a network of unique the mission statement. supports. and distinct programs, bound together (c) The UAP’s mission and programs 1388.7 Program criteria—dissemination. by common mandates but enriched by must reflect a life span approach, 1388.8 [Reserved]. diverse composition. incorporate an interdisciplinary 1388.9 Peer review. Interdisciplinary training means the approach and include the active Authority: 42 U.S.C. 6063 et seq. use of individuals from different participation of individuals with professional specialties for UAP training § 1388.1 Definitions. developmental disabilities and their and service delivery. families. For purposes of this part: Lifespan approach means that UAP Accessible means UAPs are activities address the needs of (d) The UAP programs must address characterized by their program and individuals with disabilities who are of the needs of individuals with physical accommodation and their various ages. developmental disabilities, including demonstrated commitment to the goals Mandated core functions means the individuals with developmental of the Americans with Disabilities Act. UAP must perform: (1) Interdisciplinary disabilities who are unserved or Capacity Building means that UAPs preservice preparation; (2) community underserved, in institutions, and on utilize a variety of approaches to service activities (community training waiting lists. strengthen their university and their and technical assistance); and (3) (e) The UAP’s goals, objectives, and local, State, regional and National activities related to dissemination of activities must incorporate and communities. These approaches information and research findings. demonstrate culturally competent include, but are not limited to such Program criteria means a statement of services and practices, which are in activities as: (1) Enriching program the Department’s expectation regarding response to local culture and needs. depth and breadth, for example, the direction and desired outcome of the (f) The UAP’s mission must reflect its recruiting the dental school to University Affiliated Program’s unique role as a bridge between participate in the UAP; (2) acquiring operation. university programs, individuals with additional resources, for example, State-of-the-art means that UAP developmental disabilities and their grants, space, and volunteer manpower; activities are of high quality (using the families, service agencies and the larger and (3) carrying out systems changes, latest technology), worthy of replication community. 26792 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules (g) The UAP’s goals, objectives, and actively participate in community reflect a mix of students from diverse activities must use capacity building networks and include a range of academic disciplines/academic strategies to address State needs. collaborating partners. programs and cultures that reflect the (h) The UAP’s goals, objectives, and (j) The UAP’s Consumer Advisory diversity of the community. Faculty activities must reflect interagency Committee must meet regularly. The represent a variety of backgrounds and collaborations and strategies to effect membership of the Consumer Advisory specialties, including individuals with systemic change within the university Committee must reflect the racial and disabilities and family members, and a and in State and local communities and ethnic diversity of the State or variety of learning experiences, as well service systems. community in which the UAP is as reflecting the cultural diversity of the located. The deliberations of the community. Trainees must receive § 1388.4 Program criteriaÐgovernance Consumer Advisory Committee must be and administration. credit as appropriate for participation in reflected in UAP policies and programs. UAP training programs. (a) Introduction to governance and (k) The UAP must maintain (d) Preservice training must be administration: The UAP must be collaborative relationships with the integrated into all aspects of the UAP, associated with, or an integral part of, a State Developmental Disabilities including community training and university. (The concept of ‘‘diverse Council and the Protection and technical assistance, direct services (if network’’ as defined in § 1388.1 of this Advocacy System. In addition, the UAP provided), and dissemination. part applies to paragraphs (b), (c), (d), must be a member of the State (e) Trainees must be prepared to serve (i), and (l) of this section.) Developmental Disabilities Council and in a variety of roles, including advocacy (b) The UAP must have a written participate in Council meetings and and systems change. The UAP must agreement or charter with the university activities, as prescribed by the Act. that specifies the UAP designation as an (l) The UAP must maintain encourage graduates to work in varied official university component, the collaborative relationships and be an situations, settings, or jobs. relationships between the UAP and active participant with the UAP network (f) The UAP must influence other university components, the and individuals, organizations, State University curricula to prepare university commitment to the UAP, and agencies and Universities. personnel who, in their future career in the UAP commitment to the university. (m) The UAP must demonstrate the a broad range of social and community (c) Within the university, the UAP ability to leverage resources. roles, will contribute to the must maintain the autonomy and (n) The UAP must have adequate accommodation and inclusion of organizational structure required to space to carry out the mandated individuals with developmental carry out the UAP mission and provide activities. disabilities, as mandated in the for the mandated activities. (o) The UAP physical facility and all Americans with Disabilities Act. (d) The UAP must be responsible to program initiatives conducted by the (g) The UAP core curriculum must report directly to a University UAP must be accessible to individuals incorporate cultural diversity and administrator who will represent the with disabilities as provided for by demonstrate cultural competence. interests of the UAP within the Section 504 of the Rehabilitation Act Trainees must be prepared to address University. and Titles II and III of the Americans the needs of individuals with (e) The University must demonstrate with Disabilities Act. developmental disabilities and their its support for the UAP through the (p) The UAP must integrate the families in a culturally competent commitment of financial and other mandated core functions into its manner. resources. activities and programs and must have a written plan for each core function § 1388.6 Program criteriaÐservices and (f) UAP senior professional staff must supports. hold faculty appointments in area. appropriate academic departments of (q) The UAP must have in place a (a) Introduction to services and the host or an affiliated university, long range strategic planning capability supports: The UAP engages in a variety consistent with university policy. to enable the UAP to respond to of system interventions and may also (g) UAP faculty and staff must emergent and future developments in engage in a variety of individual represent the broad range of disciplines the field. interventions. and backgrounds necessary to (r) The UAP must utilize state-of-the- (b) UAP community training and implement the full inclusion of art methods, including the active technical assistance activities must use individuals with developmental participation of individuals, families capacity building strategies to disabilities in all aspects of society, and other consumers of programs and strengthen the capability of services to evaluate programs. The UAP consonant with the spirit of the communities, systems and service must refine and strengthen its programs Americans with Disabilities Act, (ADA). providers. (h) The UAP must meet the based on evaluation findings. (c) Direct Services (Optional) requirements of section 109 of the Act § 1388.5 Program criteriaÐpreparation of (1) A UAP must integrate direct (42 U.S.C. 6008) regarding affirmative personnel. services and projects into community action. The UAP must take affirmative (a) Introduction to preparation of settings. These services may be action to employ and advance in personnel: UAP interdisciplinary provided in a service delivery site or employment and otherwise treat training programs at the preservice level training setting within the community qualified individuals with disabilities prepare personnel concerned with including the university. Direct service without discrimination based upon their developmental disabilities. projects may involve interdisciplinary physical or mental disability in all (b) Interdisciplinary training programs student trainees, professionals from employment practices. must be based on identified personnel various disciplines, service providers, (i) The management practices of the preparation needs centered around a families and/or administrators. Direct UAP, as well as the organizational conceptual framework with identified services must be extended, as structure, must promote the role of the outcomes. appropriate, to include adult and UAP as a bridge between the University (c) The interdisciplinary training elderly individuals with developmental and the community. The UAP must process, as defined by the UAP, must disabilities. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26793 (2) Services and projects provided in (v) Direct service and project practices (e) The process of developing and community-integrated settings are to be: and models that are evaluated, packaged evaluating materials must utilize the (i) Scheduled at times and in places for replication and disseminated input of individuals with that are consistent with routine through the information dissemination developmental disabilities and their activities within the local community; component. families. and (f) The values of the UAP must be (ii) Interact with and involve § 1388.7 Program criteriaÐdissemination. reflected in the language and images community members, agencies, and (a) Introduction to dissemination: The used in UAP products. organizations. UAP disseminates information and (g) Dissemination products must (3) The bases for the services or research findings, including the reflect the cultural diversity of the project development must be: empirical validation of activities related community. (i) A local or universal need that to training, services and supports, and (h) Materials disseminated by the reflects critical problems in the field of contributes to the development of new UAP must be available in formats developmental disabilities; or knowledge. accessible to individuals with a wide (ii) An emerging, critical problem that (b) The UAP must be identified to the range of disabilities, and appropriate reflects current trends or anticipated community as a resource for target audiences. developments in the field of information, produce a variety of developmental disabilities. products to promote public awareness § 1388.8 [Reserved] (4) State-of-the-art and innovative and visibility of the UAP, and facilitate § 1388.9 Peer review. practices include: replication of best practices. (a) The purpose of the peer review (i) Services and project concepts and (c) Specific target audiences must be process is to provide the Commissioner, practices that facilitate and demonstrate identified for dissemination activities ADD, with technical and qualitative independence for the individual, and include individuals with evaluation of UAP applications, community integration, productivity, developmental disabilities, family including on-site visits or inspections as and human rights; members, service providers, necessary. (ii) Practices that are economical, administrators, policy makers, (b) Applications for funding accepted by various disciplines, and university faculty, researchers, and the opportunities under Part D, section 152 highly beneficial to individuals with general public. of the Act, must be evaluated through developmental disabilities, and that are (d) UAP dissemination activities must the peer review process. integrated within services and projects; be responsive to community requests for (c) Panels must be composed of non- (iii) Innovative cost-effective concepts information and must utilize a variety of Federal individuals who, by experience and practices that are evaluated networks, including State and training, are highly qualified to according to accepted practices of Developmental Disabilities Councils, assess the comparative quality of scientific evaluation; Protection and Advocacy Systems, other applications for assistance. (iv) Research methods that are used to University Affiliated Programs, and test hypotheses, validate procedures, State service systems to disseminate [FR Doc. 95–11910 Filed 5–17–95; 8:45 am] and field test projects; and information to target audiences. BILLING CODE 4184±01±P federal register May 18,1995 Thursday Implementation; FinalRule Organization's TechnicalInstructions; Code, andInternationalCivilAviation International MaritimeDangerousGoods United NationsRecommendations, 49 CFRPart171,etal. Administration Research andSpecialPrograms Transportation Department of Part III 26795 26796 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations DEPARTMENT OF TRANSPORTATION reconsideration, as well as other for ‘‘Cyanogen bromide’’ are revised for correspondence identifying errors. This consistency with the ICAO TI. The ‘‘D’’ Research and Special Programs document incorporates editorial and in the first column for PETN is removed. Administration technical revisions to the final rule Special Provision 45 is removed from based on the merit of petitions and other ‘‘Methyl Trichloroacetate’’ and correctly 49 CFR Parts 171, 172, 173 and 178 revisions that RSPA has determined are assigned to the entry ‘‘Methacrylic acid, [Docket HM±215A; Amdt. Nos. 171±132, necessary to correct or clarify the final inhibited’’. The entry for ‘‘Maneb, 172±140, 173±242, and 178±107] rule. stabilized or Maneb preparations, stabilized’’ is revised by correctly RIN 2137±AC42 Section-by-Section Review referencing Special Provision 54 in Implementation of the United Nations Part 171 Column (7). Recommendations, International Section 171.14. This section was RSPA received one petition for Maritime Dangerous Goods Code, and rewritten in the final rule to remove reconsideration and numerous inquiries International Civil Aviation certain obsolete compliance dates for requesting that the shipping name Organization's Technical Instructions Docket HM–181 requirements and to ‘‘Azodicarbonamide’’ be added to the add new transition dates for provisions HMT. Clarification on the applicability AGENCY: Research and Special Programs adopted under Docket HM–215A. In of the HMR to certain formulations of Administration (RSPA), DOT. paragraph (a)(2)(i), which delays azodicarbonamide also was requested. ACTION: Final rule; editorial revisions compliance with new placard This shipping name was proposed but, and response to petitions for specifications until October 1, 2001, the based on the merit of comments, was reconsideration. phrases ‘‘placards specified in the not adopted in the final rule. In the final rule, RSPA stated that this entry was SUMMARY: On December 29, 1994, RSPA December 21, 1990 final rule’’ and ‘‘for highway transportation only’’ were ‘‘superfluous’’ in light of the new published a final rule which amended classification scheme for self-reactive the Hazardous Materials Regulations to inadvertently omitted. RSPA did not intend to exclude placards specified in materials. However, the petitioner maintain alignment with corresponding correctly pointed out that this is not provisions of international standards. the December 21, 1990 final rule, nor to expand the scope of this transition consistent with international standards Recent changes to the International and, without this proper shipping name, Maritime Dangerous Goods Code (IMDG provision to other modes; therefore, the phrases ‘‘or placards specified in the packagings containing this material Code), the International Civil Aviation which are imported into the U.S. would Organization’s Technical Instructions December 21, 1990 final rule’’ and ‘‘for highway transportation only’’ are need to be remarked before being for the Safe Transport of Dangerous reshipped. Therefore, RSPA is adding Goods by Air (ICAO Technical reinstated in paragraph (a)(2). Paragraph (b) introductory text, the shipping name ‘‘Azodicarbonamide’’ Instructions or ICAO TI), and the United to the HMT. In addition, based on this Nations Recommendations on the paragraph (b)(1) and paragraph (b)(2) are revised to clarify that amendments petition for reconsideration, RSPA is Transport of Dangerous Goods (UN adding Special Provision 38, which Recommendations) necessitated contained in this document supersede changes made in the December 29, 1994 incorporates the requirements of Special amendments to domestic regulations to Provision 215 of the UN provide consistency with international final rule. RSPA has received numerous inquiries concerning the effective date Recommendations for transport requirements and to facilitate azodicarbonamide. This special the transport of hazardous materials in for compliance with the latest requirements in the ICAO Technical provision clarifies that international commerce. This final rule azodicarbonamide with a Self- corrects errors in that final rule and Instructions and the IMDG Code. A Competent Authority Approval was accelerated decomposition temperature responds to petitions for (SADT) of 75° C or greater is not a self- reconsideration. issued on December 29, 1994, which authorizes shipments entering the U.S. reactive material. DATES: Effective: This final rule is by air or vessel to comply with either The entries for certain pesticides effective October 1, 1995. The effective the 1993–1994 or 1995–1996 ICAO TI described as having a ‘‘flash point less date for the final rule published under and either Amendment 26 or than 23 degrees C’’ are revised by Docket HM–215A on December 29, 1994 Amendment 27 of the IMDG Code until removing Packing Group III provisions. (59 FR 67390) remains October 1, 1995. October 1, 1995. For export shipments, Based on packing group criteria Compliance: However, compliance each destination country should be provided in § 173.121, Packing Group III with the regulations is authorized from consulted for delayed implementation materials in Class 3 cannot have a flash January 1, 1995. dates. point less than 23 degrees C; therefore, FOR FURTHER INFORMATION CONTACT: Beth Packing Group III provisions are Romo or John Gale, Office of Hazardous Part 172 unnecessary. Materials Standards (202) 366–4488, Section 172.101: The Hazardous Several entries are revised by adding, Hazardous Materials Safety, 400 Materials Table. In the Hazardous removing, or revising special provisions Seventh Street SW., Washington, DC Materials Table (HMT), several editorial in Column (7). For the entries, ‘‘Jet 20590–0001. changes are made in response to perforating guns, charged oil well, SUPPLEMENTARY INFORMATION: On petitions for reconsideration and agency without detonator,’’ classed in Divisions December 29, 1994 (59 FR 67390), RSPA initiatives. The entry in the HMT for 1.1D and 1.4D, Special Provision 55 is published a final rule under Docket ‘‘Benzaldehyde’’ is revised by placing a added. To provide consistency with HM–215A to maintain alignment with ‘‘+’’ in the first column which fixes the revised § 173.185, Special Provisions 18 corresponding provisions in hazard class for this material at Class 9. and A12 assigned to ‘‘Lithium batteries, international standards, based on recent The entry ‘‘n-Butyl isocyanate’’ is contained in equipment’’ are removed changes to the International standards. revised to correctly identify the material from that entry and Special Provision 29 Since publication of the final rule, as a Hazard Zone B inhalation hazard is revised. In addition, quantity RSPA has received seven petitions for material. Aircraft quantity limitations limitations for passenger and cargo only Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26797 aircraft are adjusted to reflect these Section 173.28. The requirement to RSPA is not prepared to reduce the revisions. mark packagings with the month required minimum thickness to 0.73 Appendix B to § 172.101. In the List leakproofness testing was performed is mm, as SSCI suggested, because there is of Marine Pollutants as revised in the removed in paragraph (b)(2)(ii). This is no assurance that drums with such a final rule, the severe marine pollutant consistent with the reconditioning thickness can be reused safely. Based on designation ‘‘PP’’ is removed for the marking requirement in the merits of comments, RSPA believes entry for ‘‘Diethylbenzenes (mixed § 178.503(c)(1)(iii), revised in the final that a minimum body thickness of 0.82 isomers)’’ and is added for the entry rule to require only marking the year of mm and a minimum head thickness of ‘‘Copper metal powders’’. reconditioning. 1.09 mm are the most appropriate Section 172.102. As discussed above, In the final rule, in the footnote to the minimum thicknesses to maintain the based on a petition for reconsideration, table in paragraph (b)(4), RSPA adopted desired level of safety, and the footnote RSPA is adding Special Provision 38, minimum thicknesses of 0.80 mm and is revised accordingly. Because the which incorporates the requirements of 1.10 mm as the required minimum metric measurement is the regulatory Special Provision 215 of the UN thicknesses of the steel in the side and standard and the U.S. customary Recommendations for head, respectively, of a drum. The measurement is provided for azodicarbonamide. This special Association of Container Reconditioners information only, RSPA is removing the provision clarifies that equivalent measurements in inches in ° (ACR) petitioned RSPA to restore the azodicarbonamide with an SADT of 75 minimum thickness requirements to the footnote to preclude further C or greater is not a self-reactive 0.82 mm (0.032 inch) and 1.09 mm confusion. To determine an equivalent material. Also as discussed above, RSPA (0.043 inch), which were the minimum measurement in U.S. customary units, a is removing Special Provisions 18 and thickness requirements adopted in the conversion table is provided in § 171.10. A12 and revising Special Provision 29 December 1990 final rule under Docket Three petitioners asked RSPA to for lithium batteries. In addition, RSPA HM–181. The ACR expressed concern reconsider the exception for certain is correcting Special Provision 35 to that a 1995 or later drum bearing a plastic drums from leakproofness testing clarify that if a material assigned this ‘‘0.80’’ thickness marking could be a before each reuse. The Society of special provision does not meet drum for which the minimum thickness Plastics Industry (SPI) claimed that by Division 6.1, but does meet another is 0.8 mm but more likely could be a adopting this provision in the final rule hazard class, it is subject to the HMR. drum marked as nominal 0.8 mm for without specifically proposing an This is consistent with international which the minimum thickness is exception for plastic drums in the standards. Special Provision 51 is actually 0.73 mm. In such a case, the NPRM, RSPA had not provided revised to indicate the quantity drum marked as nominal 0.8 mm could adequate notice and opportunity to limitations of propellant for the not be reused or reconditioned. comment. Another petitioner, the different divisions for model rocket Conversely, the Steel Shipping Association of Container motors, and Special Provisions 55 and Container Institute (SSCI) asked RSPA Reconditioners, also noted that adoption 56 are added to clarify that jet to revise the footnote to indicate a of the exception from leakproofness perforating guns with detonators must minimum thickness of 0.73 mm (0.029 testing before reuse for certain plastic be approved and must incorporate a inch) body and 1.01 mm (0.040 inch) drums was ‘‘improper, having been safety device. head, which is the minimum for a without required notice under the Section 172.204. The certification in nominal thickness of 0.80 mm and 1.10 Administrative Procedure Act.’’ paragraph (a)(2) is revised to reflect the mm, respectively. SSCI believes that use exact language contained in Section 553(b)(3) of the of nominal thickness would allow for international standards. Administrative Procedures Act (APA) Section 172.402. A footnote to the consistent use of UN markings as a states that: subsidiary labeling table in paragraph guide to reconditioning. General notice of proposed rule making (a)(2) is revised to clarify that only a After studying both petitions, as well shall be published in the Federal Register Class 3 Packing Group III material with as the history of this footnote, RSPA has ** *. The notice shall include— * * * (3) a flash point at or above 38° C (100° F) concluded that what were believed to be either the terms or substance of the proposed being transported by highway or rail is inconsequential differences in rounding rule or a description of the subjects and issues involved. excepted from the requirement to apply techniques have led to the current a subsidiary Class 3 label. situation. In adopting the footnote to the 5 U.S.C. 553(b)(3). table in the December 1990 final rule, Part 173 Section 553(c) requires that after RSPA intended to allow drums with notice has been given as required under Section 173.23. A new paragraph (g) minimum head and body thicknesses section 553(b)(3): is added to allow the continued use of corresponding to the minimum non-bulk packagings conforming to the thicknesses for 18 and 20 gauge steel. *** the agency shall give interested This decision was based on the merit of persons an opportunity to participate in the pre-HM–215A requirements of Subparts rule making through submission of written L and M of Part 178. This will permit comments to Notice 87–4 [May 5, 1987; data, views, or arguments * * *. authorized packagings marked with 52 FR 16482] contending that steel minimum, rather than nominal, drums used in the U.S. with 18 gauge 5 U.S.C. 553(c). thickness and not permanently marked body and 20 gauge heads have proven Petitioners argued that the final rule on the bottom to remain in service. to be adequate for transportation and extending the exception from Section 173.24. Newly adopted reuse. (The Notice proposed a 1.0 mm leakproofness testing to plastic drums provisions in paragraphs (c)(1) and minimum thickness for both body and differed so substantially from the (d)(2), authorizing the use of UN head for reuse.) RSPA did not intend to proposed amendment regarding standard packagings manufactured authorize significantly thinner drums by leakproofness testing that they outside the U.S., are revised to clarify rounding the minimum thickness from essentially were denied notice and an that these packagings are not subject to 0.82 to 0.8 mm and understands the opportunity to comment, as required the specification requirements in Part problems that may result from drums under section 553 (b)(3) and (c). 178. marked ‘‘0.8.’’ However, in the Notice of Proposed 26798 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations Rulemaking (NPRM) published on July subject of Daniel International did not number of destinations, as long as they 18, 1994 (59 FR 36488), RSPA stated indicate that a change in application of are not refilled by anyone other than the Based on the merits of a petition for the standard at issue was contemplated, original filler. Otherwise, they must be rulemaking (P–1133), a new paragraph the court nevertheless found that the leakproofness tested before they are [178.37](b)(7) would be added to waive filing of numerous comments on the refilled. Paragraph (b)(7) is revised to retesting requirements for certain packagings issue suggested that the notice was clarify the intent of the exception. used in limited operations prior to each reuse adequate. The court noted that to hold Section 173.62. One petitioner ** *. RSPA is proposing similar otherwise would penalize the agency for requested that RSPA reconsider the provisions in new paragraph (b)(7) for certain benefitting from comments received and decision not to adopt a domestic packagings to be reused without leakproof further bureaucratize the process. Id. at shipping description for jet perforating testing. Packagings would be limited to 932. In this instance, RSPA specifically stainless steel, monel, or nickel drums (or guns, with detonator. The petitioner had other packagings approved by the Associate stated twice that it would consider requested that the description be added Administrator for Hazardous Materials extending the leakproofness testing to the final rule. RSPA rejected the Safety) * * *. Other packagings could exception to other packagings upon request stating ‘‘US006 only allows qualify only if approved by the Associate request. These statements were detonators to be transported with, not Administrator for Hazardous Materials sufficient to generate 34 comments in, detonators.’’ The petitioner, Safety. requesting that RSPA extend the however, noted that in the NPRM (Emphasis added.) leakproofness testing exception to published under Docket HM–166X Based on this statement, 34 plastic drums. Therefore, the NPRM [August 7, 1991; 56 FR 37505] RSPA commenters requested that the agency gave sufficient notice and an stated it was revising packing method extend the exception from leakproofness opportunity to comment on the issue of US006 to permit the transport of jet testing to plastic drums as well as those exceptions for leakproofness testing. perforating guns with detonators In its petition, in addition to the claim made of stainless steel, monel or nickel. attached. RSPA stands corrected. The that RSPA violated the APA, SPI Although section 553(b)(3) requires HMR currently does allow, with safety charged that adoption of this exception that a Notice of Proposed Rulemaking features, the transport of jet perforating ‘‘could be viewed as an arbitrary and (NPRM) contain ‘‘either the terms or guns with detonators attached when capricious abandonment of RSPA’s substance of the proposed rule or a approved in accordance with § 173.56. public safety responsibility.’’ However, Therefore, RSPA is adding domestic description of the subjects and issues in a petition for reconsideration to HM– involved,’’ it does not require an agency shipping descriptions (Divisions 1.1D 181 submitted in 1991 by the Plastic and 1.4D) for jet perforating guns with to publish in advance every precise Drum Institute (PDI), a division of SPI, proposal which it may ultimately adopt detonators attached. RSPA is adding the PDI noted that ‘‘plastic drums, for special provisions to these description as a rule. Daniel International example, do not have a seamed type of to clarify that the device must be Corporation v. Occupational Safety and construction that can contribute to approved in accordance with § 173.56 Health Review Commission and the seepage types of leakage.’’ Furthermore, and it must incorporate a safety device. Secretary of Labor, 656 F.2d 925 (4th a comment to the proposed HM–181 RSPA also is clarifying the shipping Cir. 1981) citing Spartan Radiocasting rule cited a PDI report stating that ‘‘in descriptions for jet perforating guns Co. v. F.C.C., 619 F.2d 314 (4th Cir. 1986, the release from these without detonators by adding a special 1980) and California Citizens Band (Specification 34 plastic) drums was provision that makes it clear that this Association v. U.S., 375 F.2d 43 (9th less than .003% of the total drum item must be approved in accordance Cir. 1967), cert. denied, 389 U.S. 844, 88 shipments. Of the total gallons lost, the with § 173.56. In addition, in the S. Ct. 96 (1967). This is particularly true amount was less than .0005% of the when proposals are adopted in response total volume shipped.’’ Therefore, RSPA paragraph (c) Table of Packing Methods, to comments from participants in the does not agree that plastic drums that packing method E–142 is revised to rulemaking proceeding, as is the case in have demonstrated a very low frequency correctly reference appropriate this instance. The ‘‘requirement of of leakage without leakproofness testing packaging requirements and exceptions. submission of a proposed rule for before each reuse should be subject to Section 173.150. Paragraph (d)(2) is comment does not automatically such testing. SPI’s petition for revised for clarity and consistency with generate a new opportunity for reconsideration is, therefore, denied. international provisions which except comment merely because the rule RSPA has received numerous requests from regulation alcoholic beverages in promulgated differs from the rule to clarify provisions in the exception inner packagings having a capacity of proposed, partly at least in response to from leakproofness testing before reuse five liters or less. The final rule submissions.’’ Daniel International of certain metal and plastic drums. Of authorized ‘‘packagings’’ of five liters or Corporation v. Occupational Safety and particular concern is the phrase less, but did not specify ‘‘inner Health Review Commission and the ‘‘distribution chain controlled by the packagings’’. This error is corrected in Secretary of Labor, 656 F.2d at 932, offeror’’ in paragraph (b)(7)(iii). The this document. citing International Harvester Co. v. exception is intended to apply only to Section 173.185. Paragraphs (e)(6), Ruckelshaus, 478 F.2d 615, 632 (D.C. a drum which is in dedicated service; (h)(1), and (j) are revised to clarify Cir. 1973). ‘‘A contrary rule would lead i.e., the drum is refilled with the same certain provisions adopted under the to the absurdity that an agency could material or a material compatible with final rule. Paragraph (e)(6) is revised to learn from comments on its proposals that previously contained in the drum, indicate that the limit of 500 g of only at the peril of starting a new only the original filler may refill the lithium or lithium alloy in strong inner procedural round of commentary.’’ Id. at drum before offering it for packagings is for each inner packaging. 932, citing International Harvester at transportation, and the drum may only Paragraph (h)(1), which addresses cells 632, n. 51. be transported in a transport vehicle or and batteries for disposal, clarifies that As in Daniel International, the change freight container that does not contain the 12 g limit per cell applies to the cell in RSPA’s requirement was made in any material offered by anyone other when new. Paragraph (j) is revised to response to comments to the NPRM. than the filler of the drums. The drums emphasize that provisions for transport And, although the NPRM that was the may be transported to an unspecified for testing purposes do not apply to Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26799 lithium cells and batteries contained in (C) The preparation, execution, and 2137–0034 for shipping papers and equipment. use of shipping documents pertaining to 2137–0557 for approvals. Sections 173.224 and 173.225. Several hazardous material and requirements E. Regulation Identifier Number (RIN) editorial changes are made to the Self- respecting the number, content, and Reactive Materials Table in § 173.224 placement of such documents; A regulation identifier number (RIN) and the Organic Peroxide Table in (D) The written notification, is assigned to each regulatory action § 173.225, based on petitions for recording, and reporting of the listed in the Unified Agenda of Federal reconsideration and agency initiative. unintentional release in transportation Regulations. The Regulatory Information Section 173.306. Based on a provision of hazardous material; and Service Center publishes the Unified in the UN Recommendations, RSPA (E) The design, manufacturing, Agenda in April and October of each proposed and incorporated a hot water fabrication, marking, maintenance, year. The RIN number contained in the bath test for aerosol containers in reconditioning, repairing, or testing of a heading of this document can be used paragraph (a)(3)(v). By adopting package or container which is to cross-reference this action with the provisions identical to those contained represented, marked, certified, or sold Unified Agenda. in the UN Recommendations, RSPA as qualified for use in the transportation List of Subjects failed to remove wording referring to of hazardous material. certain non-specification plastic aerosol This final rule concerns classification, 49 CFR Part 171 containers. The final rule made no packaging, labeling, marking, shipping revisions to paragraphs (a)(3) and Exports, Hazardous materials documentation, and manufacture of (a)(3)(ii), which specify only metal transportation, Hazardous waste, packaging for hazardous material. containers. Based on a request to clarify Imports, Incorporation by reference, these provisions, RSPA is amending Therefore, this final rule preempts State, Reporting and recordkeeping paragraph (a)(3)(v) to remove all local, or Indian tribe requirements that requirements. references to plastic containers. are not substantively the same as Federal requirements on these subjects. 49 CFR Part 172 Part 178 Section 5125(b)(2) of title 49 U.S.C. Hazardous materials transportation, Section 178.503. In paragraph (e)(3), provides that when DOT issues a Hazardous waste, Labels, Markings, the example of a UN marking for regulation concerning any of the Packaging and containers, Reporting reconditioned packagings is revised to covered subjects, DOT must determine and recordkeeping requirements. indicate that only the last two digits of and publish in the Federal Register the the year the packaging was effective date of Federal preemption. 49 CFR Part 173 reconditioned are required as part of the That effective date may not be earlier Hazardous materials transportation, marking. than the 90th day following the date of Packaging and containers, Radioactive issuance of the final rule and not later Rulemaking Analyses and Notices materials, Reporting and recordkeeping than two years after the date of issuance. requirements, Uranium. A. Executive Order 12866 and DOT RSPA has determined that the effective Regulatory Policies and Procedures date of Federal preemption for these 49 CFR Part 178 This final rule is not considered to be requirements will be October 1, 1995. Hazardous materials transportation, a significant regulatory action under Thus, RSPA lacks discretion in this Motor vehicles safety, Packaging and section 3(f) of Executive Order 12866 area, and preparation of a federalism containers, Reporting and recordkeeping and was not reviewed by the Office of assessment is not warranted. requirements. Management and Budget. The rule is not C. Regulatory Flexibility Act In consideration of the foregoing, 49 considered significant under the This rule revises certain provisions CFR parts 171, 172, 173 and 178 are Regulatory Policies and Procedures of amended as follows: the Department of Transportation [44 FR incorporated into the Hazardous Materials Regulations based on changes 11034]. The original regulatory PART 171ÐGENERAL INFORMATION, introduced in the seventh and eighth evaluation of the final rule was REGULATIONS, AND DEFINITIONS reexamined but was not modified revised editions of the UN because the changes made under this Recommendations, the 1993–1994 and 1. The authority citation for Part 171 rule will result in minimal economic 1995–1996 ICAO Technical continues to read as follows: impact on industry. Instructions, and Amendments 26 and 27 to the IMDG Code. It applies to Authority: 49 U.S.C. 5101–5127; 49 CFR 1.53. B. Executive Order 12612 offerors and carriers of hazardous This final rule has been analyzed in materials and facilitates the 2. In § 171.14, as revised at 59 FR accordance with the principles and transportation of hazardous materials in 67407, on December 29, 1994, a new criteria contained in Executive Order international commerce by providing sentence is added after the first sentence 12612 (‘‘Federalism’’). Federal law consistency with international of paragraph (b) introductory text to expressly preempts State, local, and requirements. Therefore, I certify that read as follows: Indian tribe requirements applicable to this rule will not have a significant economic impact on a substantial § 171.14 Transitional provisions for the transportation of hazardous material implementing requirements based on the that cover certain covered subjects and number of small entities. UN Recommendations. are not substantively the same as D. Paperwork Reduction Act * * * * * Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are: The requirements for information (b) * * * A final rule published in the (A) The designation, description, and collection have been approved by the Federal Register on May 18, 1995, classification of hazardous materials; Office of Management and Budget effective October 1, 1995, further (B) The packing, repacking, handling, (OMB) under the provisions of the amended the December 29, 1994 final labeling, marking, and placarding of Paperwork Reduction Act 0f 1980 (Pub. rule. * * * hazardous material; L. 96–511) under OMB control number * * * * * 26800 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations § 171.14 [Amended] revised to read ‘‘December 29, 1994 Authority: 49 U.S.C. 5101–5127; 49 CFR 3. In addition, in § 171.14, as revised final rule, as amended in the May 18, 1.53. at 59 FR 67407, the following changes 1995 final rule’’. 5. In § 172.101, as amended at 59 FR are made: d. In paragraph (b)(2) introductory 67408, the Hazardous Materials Table is a. In paragraph (a)(2)(ii), the wording text, the wording ‘‘by the December 29, ‘‘September 30, 1991, may be used in 1994, rule,’’ is revised to read ‘‘by the amended by removing or adding in place of ‘‘ is revised to read ‘‘September December 29, 1994 rule, as amended by alphabetical order the following entries 30, 1991 or placards specified in the the May 18, 1995 rule,’’. to read as follows: December 21, 1990 final rule may be § 172.101 Purpose and use of hazardous used, for highway transportation only, PART 172ÐHAZARDOUS MATERIALS materials table. in place of’’. TABLE, SPECIAL PROVISIONS, b. In paragraph (b) introductory text, HAZARDOUS MATERIALS * * * * * at the end of the last sentence, the COMMUNICATIONS, EMERGENCY wording ‘‘as amended in the final rule RESPONSE INFORMATION, AND published in the Federal Register on TRAINING REQUIREMENTS May 18, 1995 is added. c. In paragraph (b)(1), the wording 4. The authority citation for part 172 ‘‘December 29, 1994, final rule’’ is continues to read as follows: SECTION 172.101.ÐHAZARDOUS MATERIALS TABLE (8) (9) (10) Packaging Quantity Vessel stowage Hazardous ma- Haz- Identi- Spe- authorizations limitations requirements terials descrip- ard Pack- Label(s) re- (§ 173.***) Sym- tions and prop- class fication ing quired (if not cial bols Num- provi- Pas- Other er shipping or Di- bers group excepted) sions Non- senger Cargo names vision Ex- bulk Bulk aircraft aircraft Vessel stowage cep- pack- pack- or rail- only stowage provi- tions aging aging car sions (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) ******* Arsenical pes- ************************************ ticides, liquid, flammable, toxic, flash point less than 23 de- grees C. ******* [REMOVE] ...... III FLAMMABLE B1 150 203 242 60 L 220 L B 40 LIQUID, KEEP AWAY FROM FOOD. ******* Benzoic deriva- ************************************ tive pes- ticides, liquid, flammable, toxic, flash point less than 23 de- grees C. ******* [REMOVE] ...... III FLAMMABLE B1 150 203 242 60 L 220 L B 40 LIQUID, KEEP AWAY FROM FOOD. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26801 SECTION 172.101.ÐHAZARDOUS MATERIALS TABLEÐContinued (8) (9) (10) Packaging Quantity Vessel stowage Hazardous ma- Haz- authorizations limitations requirements terials descrip- ard Identi- Pack- Label(s) re- Spe- (§ 173.***) Sym- tions and prop- class fication ing quired (if not cial Pas- bols er shipping or Di- Num- group excepted) provi- Non- senger Cargo Other names vision bers sions Ex- bulk Bulk aircraft aircraft Vessel stowage cep- pack- pack- or rail- only stowage provi- tions aging aging car sions (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) ******* Bipyridilium ************************************ pesticides, liquid, flam- mable, toxic, flash point less than 23 degrees C. ******* [REMOVE] ...... III FLAMMABLE B1 150 203 242 60 L 220 L B 40 LIQUID, KEEP AWAY FROM FOOD. ******* Carbamate ************************************ pesticides, liquid, flam- mable, toxic, flash point less than 23 degrees C. ******* [REMOVE] ...... III FLAMMABLE B1 150 203 242 60 L 220 L B 40 LIQUID, KEEP AWAY FROM FOOD. ******* Copper based ************************************ pesticides, liquid, flam- mable, toxic, flash point less than 23 degrees C. ******* [REMOVE] ...... III FLAMMABLE B1 150 203 242 60 L 220 L B 40 LIQUID, KEEP AWAY FROM FOOD. ******* Dithiocarbamat- ************************************ e pesticides, liquid, flam- mable, toxic, flash point less than 23 degrees C. ******* [REMOVE] 26802 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations SECTION 172.101.ÐHAZARDOUS MATERIALS TABLEÐContinued (8) (9) (10) Packaging Quantity Vessel stowage Hazardous ma- Haz- authorizations limitations requirements terials descrip- ard Identi- Pack- Label(s) re- Spe- (§ 173.***) Sym- tions and prop- class fication ing quired (if not cial Pas- bols er shipping or Di- Num- group excepted) provi- Non- senger Cargo Other names vision bers sions Ex- bulk Bulk aircraft aircraft Vessel stowage cep- pack- pack- or rail- only stowage provi- tions aging aging car sions (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) ...... III FLAMMABLE B1 150 203 242 60 L 220 L B 40 LIQUID, KEEP AWAY FROM FOOD. ******* Mercury based ************************************ pesticides, liquid, flam- mable, toxic, flash point less than 23 degrees C. ******* [REMOVE] ...... III FLAMMABLE B1 150 203 242 60 L 220 L B 40 LIQUID, KEEP AWAY FROM FOOD. ******* Organochlorine ************************************ pesticides liquid, flam- mable, toxic, flash point less than 23 degrees C. ******* [REMOVE] ...... III FLAMMABLE B1 150 203 242 60 L 220 L A LIQUID, KEEP AWAY FROM FOOD. ******* Organophos- ************************************ phorous pes- ticides, liquid, flammable, toxic, flash point less than 23 de- grees C. ******* [REMOVE] ...... III FLAMMABLE B1 150 203 242 60 L 220 L A LIQUID, KEEP AWAY FROM FOOD. Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26803 SECTION 172.101.ÐHAZARDOUS MATERIALS TABLEÐContinued (8) (9) (10) Packaging Quantity Vessel stowage Hazardous ma- Haz- authorizations limitations requirements terials descrip- ard Identi- Pack- Label(s) re- Spe- (§ 173.***) Sym- tions and prop- class fication ing quired (if not cial Pas- bols er shipping or Di- Num- group excepted) provi- Non- senger Cargo Other names vision bers sions Ex- bulk Bulk aircraft aircraft Vessel stowage cep- pack- pack- or rail- only stowage provi- tions aging aging car sions (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) ******* Pesticides, liq- ************************************ uid, flam- mable, toxic, (flash point less than 23 degrees C). ******* [REMOVE] ...... III FLAMMABLE B1 150 203 242 60 L 220 L B LIQUID, KEEP AWAY FROM FOOD. ******* Phenoxy pes- ************************************ ticides, liquid, flammable, toxic, flash point less than 23 de- grees C. ******* [REMOVE] ...... III FLAMMABLE B1 150 203 242 60 L 220 L A LIQUID, KEEP AWAY FROM FOOD. ******* Phenyl urea ************************************ pesticides, liquid, flam- mable, toxic, flash point less than 23 degrees C. ******* [REMOVE] ...... III FLAMMABLE B1 150 203 242 60 L 220 L A LIQUID, KEEP AWAY FROM FOOD. ******* Phthalimide ************************************ deriviative pesticides, liquid, flam- mable, toxic, flash point less than 23 degrees C. ******* [REMOVE] 26804 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations SECTION 172.101.ÐHAZARDOUS MATERIALS TABLEÐContinued (8) (9) (10) Packaging Quantity Vessel stowage Hazardous ma- Haz- authorizations limitations requirements terials descrip- ard Identi- Pack- Label(s) re- Spe- (§ 173.***) Sym- tions and prop- class fication ing quired (if not cial Pas- bols er shipping or Di- Num- group excepted) provi- Non- senger Cargo Other names vision bers sions Ex- bulk Bulk aircraft aircraft Vessel stowage cep- pack- pack- or rail- only stowage provi- tions aging aging car sions (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) ...... III FLAMMABLE B1 150 203 242 60 L 220 L A LIQUID, KEEP AWAY FROM FOOD. ******* Substituted ************************************ nitrophenol pesticides, liquid, flam- mable, toxic, flash point less than 23 degrees C. ******* [REMOVE] ...... III FLAMMABLE B1 150 203 242 60 L 220 L A LIQUID, KEEP AWAY FROM FOOD. ******* [ADD] ******* Azodicarbona- 4.1 UN3242 II FLAMMABLE 38 151 212 240 Forbid- Forbid- D 12, 61, mide. SOLID. den. den. 74 ******* D Jet perforating 1.1D NA0124 II EXPLOSIVE D55, None 62 .... None Forbid- Forbid- A 24E guns, 1.1D. 56 den. den. charged oil well, with detonator. D Jet perforating 1.4D NA0494 II EXPLOSIVE 55, None 62 None Forbid- Forbid- B guns, 1.4D. 56. den den charged oil well, with detonator. § 172.101 [Amended] c. For the entry ‘‘Cotton’’, in Column and in Column (9B) the wording 6. In addition, in § 172.101, in the (4), the identification number ‘‘Forbidden’’ is revised to read ‘‘15 kg’’. ‘‘NA1365’’ is added. g. For the entry ‘‘Isopentane, see n- Hazardous Materials Table, as amended d. For the entry ‘‘Cotton, wet’’, in Pentane’’, in Column (2), the wording at 59 FR 67408, the following changes ‘‘n-Pentane’’ is revised to read are made: Column (4), the identification number ‘‘UN1365’’ is added. ‘‘Pentane’’. a. For the entry ‘‘Benzaldehyde’’, in h. For the entry ‘‘Jet perforating guns, Column (1), a ‘‘+’’ is added. e. For the entry ‘‘Coumarin deriviative charged oil well, without detonator’’, pesticides, liquid, toxic, flammable, b. For the entry ‘‘n-Butyl isocyanate’’, Special Provision ‘‘55’’ is added in flashpoint less than 23 degrees C’’, the Column (7), and for the entry ‘‘Jet in Column (7), Special Provisions ‘‘1’’, wording ‘‘flashpoint less than’’ is perforating guns, charged, oil well, ‘‘B30’’, ‘‘B72’’ and ‘‘T44’’ are removed revised to read ‘‘flash point not less without detonator’’, Special Provision and Special Provisions ‘‘2’’, ‘‘B32’’, than’’. ‘‘55,’’ is added in Column (7) before ‘‘B74’’ and ‘‘T45’’ are added in their f. For the entry ‘‘Cyanogen bromide’’, ‘‘114’’. place; and in Column (8B), the reference in Column (9A), the wording i. For the entry ‘‘Lithium batteries, ‘‘226’’ is revised to read ‘‘227’’. ‘‘Forbidden’’ is revised to read ‘‘1 kg’’, contained in equipment’’, in Column Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26805 (7), Special Provisions ‘‘18’’ and ‘‘A12’’ packing method OP6B in § 173.225 of this 13. In § 173.23, a new paragraph (g) is are removed; in Column (9A) the word subchapter. If the SADT is higher than 75° C, added to read as follows: ‘‘Forbidden’’ is removed and the the technically pure substance and formulations derived from it are not self- § 173.23 Previously authorized packaging. wording ‘‘5 kg’’ is added in its place; reactive materials. and in Column (9B), the wording ‘‘See * * * * * A12’’ is removed and the wording ‘‘5 * * * * * (g) A non-bulk packaging 51 This description applies to items kg’’ is added in its place. manufactured, tested, marked, and previously described as ‘‘Toy propellant certified on or before September 30, j. For the entry ‘‘Lithium battery’’, in devices, Class C’’ and includes reloadable Column (9A), the wording ‘‘Forbidden’’ kits. Model rocket motors containing 30 1996, in accordance with the applicable is removed and the wording ‘‘5 kg’’ is grams or less propellant are classed as provisions of subparts L and M of part added in its place. Division 1.4S and items containing more 178 of this subchapter in effect on k. For the entry ‘‘Maneb stabilized or than 30 grams of propellant but not more September 30, 1995, may be used as Maneb preparations, stabilized against than 62.5 grams of propellant are classed as authorized by this subchapter if the self-heating’’ in Column (7), Special Division 1.4C. packaging conforms to all requirements Provision ‘‘53’’ is revised to read ‘‘54’’. * * * * * applicable at the time of manufacture. In l. For the entry ‘‘Methacrylic acid, 55 This device must be approved in addition, such a packaging may be accordance with § 173.56 of this subchapter inhibited’’, in Column (7), Special reused as authorized by § 173.28 by the Associate Administrator for Hazardous without a nominal thickness marking, if Provision ‘‘45,’’ is added before ‘‘T8’’. Materials Safety. m. For the entry ‘‘Methyl 56 A means to interrupt and prevent it conforms to the minimum thickness trichloroacetate’’, in Column (7), Special detonation of the detonator from initiating criteria prescribed in § 173.28(b)(4). the detonating cord must be installed Provision ‘‘45,’’ is removed. § 173.24 [Amended] n. For the entry ‘‘Pentaerythrite between each electric detonator and the tetranitrate, wetted or Pentaerythritol detonating cord ends of the jet perforating 14. In § 173.24, as amended at 59 FR tetranitrate, wetted, or PETN, wetted guns before the charged jet perforating guns 67491, the following changes are made: are offered for transportation. with not less than 25 percent water, by a. In paragraph (c)(1), the wording mass, or Pentaerythrite tetranitrate, or * * * * * ‘‘(including U.N. standard packagings manufactured in the United States)’’ is Pentaerythritol tetranitrate or PETN, § 172.102 [Amended] desensitized with not less than 15 revised to read ‘‘(but not including UN 9. In addition, in § 172.102(c)(1), as standard packagings manufactured percent phlegmatizer by mass’’ the ‘‘D’’ amended at 59 FR 67485, Special in Column (1) is removed. outside the United States)’’. Provision 35 is amended by removing b. In paragraph (d)(2) introductory Appendix B to § 172.101 [Amended] the wording ‘‘are not subject to the text, the wording ‘‘used as an authorized requirements of this subchapter’’ and 7. In Appendix B to § 172.101, as packaging’’ is revised to read ‘‘used and adding in its place ‘‘do not meet the is considered to be an authorized amended at 59 FR 67485, in the List of definition of Division 6.1’’. Marine Pollutants, the following packaging’’. 10. In § 172.204, paragraph (a)(2) is 15. In § 173.28, as amended at 59 FR changes are made: revised to read as follows: a. For the entry ‘‘Copper metal 67491, paragraph (b)(7)((iii) is powder’’, in Column (1), ‘‘PP’’ is added. § 172.204 Shipper's certification. redesignated as paragraph (b)(7)(iv), a b. For the entry ‘‘Diethylbenzenes (a) * * * new paragraph (b)(7)(iii) is added and (mixed isomers)’’, in Column (1), ‘‘PP’’ (2) ‘‘I hereby declare that the contents paragraph (b)(7) introductory text, is removed. of this consignment are fully and paragraph (b)(7)(i) and paragraph 8. In § 172.102, in paragraph (c)(1), accurately described above by the (b)(7)(ii) are revised, to read as follows: Special Provision 18 is removed, proper shipping name, and are § 173.28 Reuse, reconditioning and Special Provision 29 is revised, Special classified, packaged, marked and remanufacture of packagings. Provision 51, as added at 59 FR 67485, labelled/placarded, and are in all * * * * * is revised, and Special Provisions 38, 55 respects in proper condition for (b) * * * and 56 are added; and in paragraph transport according to applicable (7) Notwithstanding the provisions of (c)(2), Special Provision A12 is international and national governmental paragraph (b)(2) of this section, a removed, to read as follows: regulations.’’ packaging otherwise authorized for § 172.102 Special provisions. * * * * * reuse may be reused without being * * * * * § 172.402 [Amended] leakproofness tested with air provided the packaging— (c) * * * 11. In § 172.402, as amended at 59 FR (i) Is refilled with a material which is (1) * * * 67490, in paragraph (a)(2), in the compatible with the previous lading: footnotes following the table, the Code/Special Provisions (ii) Is refilled and offered for footnote identified as ‘‘*’’ is revised to * * * * * transportation by the original filler; read ‘‘Required for all modes, except for 29 Lithium cells and batteries and (iii) Is transported in a transport a material with a flash point at or above equipment containing or packed with lithium vehicle or freight container under the 38° C (100°F) transported by rail or cells and batteries which do not comply with exclusive use of the refiller of the highway’’. the provisions of § 173.185 of this subchapter packaging; and may be transported only if they are approved by the Associate Administrator for Hazardous PART 173ÐSHIPPERSÐGENERAL * * * * * Materials Safety. REQUIREMENTS FOR SHIPMENTS § 173.28 [Amended] * * * * * AND PACKAGINGS 16. In addition, in § 173.28, the 38 If this material shows a violent effect in 12. The authority citation for Part 173 laboratory tests involving heating under following changes are made: confinement, the labeling requirements of continues to read as follows: a. In paragraph (b)(2)(ii), in the first Special Provision 53 apply, and the material Authority: 49 App. U.S.C. 5101–5127; 49 sentence, the wording ‘‘month and’’ is must be packaged in accordance with CFR 1.53. removed. 26806 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations b. In paragraph (b)(4), as revised at 59 § 173.224 [Amended] e. For the entry ‘‘tert-Butyl FR 67491, in Footnote 1 following the 21. In addition, in § 173.224, as peroxyneodecanoate as a paste table, the wording ‘‘0.80 mm (0.03 inch) revised at 59 FR 67511, in the table in (frozen)’’, in Column (8), Note ‘‘21’’ is body and 1.10 mm (0.043 inch) heads’’ paragraph (b), the following changes are removed. is revised to read ‘‘0.82 mm body and made: f. For the second entry for ‘‘p-Menthyl 1.09 mm head’’. a. For the entries ‘‘Azodicarbonamide hydroperoxide’’, in column (4a), the 17. In § 173.62, in paragraph (b), the formulation type B’’, concentration percent ‘‘≤44’’ is revised Explosives Table is amended by adding ‘‘Azodicarbonamide formulation type to read ‘‘>44’’. the following entry in appropriate C’’ and ‘‘Azodicarbonamide formulation g. In Note 1, at the end of the table, alpha-numerical sequence to read as type D’’, in Column (7), ‘‘3’’ is added. after ‘‘is authorized’’, the wording ‘‘for follows: b. For the entry liquids and OP8B is authorized for 1 § 173.62 Specific packaging requirements. ‘‘2,2 =Azodi(isobutyronitrile)’’, in solids’’ is added. Column (1), ‘‘2,21’’ is revised to read h. In Note 9, reference to the section * * * * * ‘‘2,2’’’, and in Column (6), the (b) * * * ‘‘§ 173.225(e)(3)(c)(ii)’’ is removed and emergency temperature ‘‘45’’ is revised replaced with reference to to read ‘‘+45’’. ‘‘§ 173.225(e)(3)(ii)’’. EXPLOSIVES TABLE 1 c. For the entry ‘‘2,2 =Azodi(2- i. In Footnote 12, the words ‘‘type C,’’ methylbutyronitrile)’’, in Column (1), are removed and replaced with the Identification No. Packing methods 1 ‘‘2,2 ’’ is revised to read ‘‘2,2’’’. words ‘‘type B,’’. [ADD]. d. For the entries NA0494 ...... US006 ‘‘1,1=Azodi(hexahydrobenzonitrile)’’, § 173.306 [Amended] ‘‘Benzene-1,3-disulphohydrazide, as a 23. In § 173.306, as amended at 59 FR * * * * * paste’’, ‘‘Benzene sulphohydrazide’’, ‘‘4- 67517, on December 29, 1994, in (Benzyl(ethyl)amino)-3- § 173.62 [Amended] paragraph (a)(3)(v), the following ethoxybenzenediazonium zinc changes are made: 17a. In addition, in § 173.62, as chloride’’, and ‘‘3=Chloro- a. In the second sentence, the wording amended at 59 FR 67492, in paragraph 4=Diethylamino-benzenediazonium ‘‘or if the containers are made of plastic (c) ‘‘Table of Packing Methods’’, for the zinc chloride’’, in Column (2), the material which softens at this test entry ‘‘E–142’’, in Column (4), ‘‘40, D11, identification number ‘‘3236’’ is revised temperature,’’ is removed. D39’’ is revised to read ‘‘41, D9, D11’’. to read ‘‘3226’’ each place it appears. b. In the last sentence, the wording § 173.150 [Amended] e. For the entry ‘‘4- Methylbenzenesulphonylhydrazide’’, in ‘‘except that a plastic container may be 18. In § 173.150, as amended at 59 FR Column (2), the identification number deformed through softening provided 67508, in paragraph (d)(2), the wording ‘‘3226’’ is removed and replaced with that it does not leak.’’ is removed and ‘‘a packaging of five liters’’ is revised to the identification number ‘‘3236’’. the comma following the word ‘‘occur’’ read ‘‘an inner packaging of five liters’’. f. In the Notes following the is replaced with a period. § 173.185 [Amended] paragraph (b) table, in Note 2, the PART 178ÐSPECIFICATIONS FOR 19. In § 173.185, as revised at 59 FR wording ‘‘substance type C’’ is revised PACKAGINGS 67509, the following changes are made: to read ‘‘substance type B’’. 24. The authority citation for part 178 a. In paragraph (e)(6), at the end of the § 173.225 [Amended] continues to read as follows: first sentence, after the word ‘‘alloy’’, 22. In § 173.225, as amended at 59 FR the wording ‘‘per inner packaging’’ is 67513, in the Organic Peroxides Table Authority: 49 U.S.C. 5101–5127; 49 CFR 1.53. added. in paragraph (b), the following changes b. In paragraph (h)((1), after the word are made: § 178.503 [Amended] ‘‘Cells’’, the wording ‘‘, when new,’’ is a. For the first entry for ‘‘tert-Butyl added. 25. In § 178.503, as amended at 59 FR monoperoxymaleate as a paste’’, ID 67520, on December 29, 1994, in c. In paragraph (j), in the first Number ‘‘UN3108’’, in Column (8), Note sentence, after the wording ‘‘testing paragraph (e)(3), the illustration is ‘‘21’’ is removed. revised as follows: purposes,’’ the wording ‘‘when not b. For the second entry for ‘‘tert-Butyl contained in equipment,’’ is added. monoperoxymaleate as a paste’’, in BILLING CODE 4910±60±P 20. In § 173.224, as revised at 59 FR Column (2), the ID Number ‘‘UN3010’’ 67511, at the end of the paragraph (b) is removed and replaced with the ID table, a new Note 3 is added to read as Number ‘‘UN3110’’, and in Column (8), follows: Note ‘‘21’’ is removed and replaced with § 173.224 Packaging and control and Note ‘‘7’’. emergency temperatures for self-reactive c. In the entry for ‘‘tert-Butyl materials. peroxydiethylacetate and tert-Butyl * * * * * peroxybenzoate’’, in Column (6), the BILLING CODE 4910±60±C (b) * * * entry ‘‘OP7’’ is revised to read ‘‘OP7A’’, Issued in Washington, DC on May 10, and the ‘‘A’’ in Column (7a) is removed. 1995, under authority delegated in 49 CFR Self-Reactives Materials Table d. For the entry ‘‘tert-Butyl part 1. * * * * * peroxyneodecanoate as a paste’’ the Ana Sol Gutie´rrez, Notes: phrase ‘‘as a paste’’ is removed and Deputy Administrator, Research and Special Programs Administration. * * * * * replaced with the phrase ‘‘as a stable [FR Doc. 95–11971 Filed 5–17–95; 8:45 am] 3. The emergency and control temperatures dispersion in water’’ and, in Column (8), must be determined in accordance with Note ‘‘21’’ is removed and the entry is BILLING CODE 4910±60±P § 173.21(f). placed in alphabetical order. federal register May 18,1995 Thursday Indian Tribe:MattaponiTribe;Notice Acknowledgment ofExistenceasan Receipt ofPetitionforFederal Bureau ofIndianAffairs Interior Department ofthe Part IV 26807 26808 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices DEPARTMENT OF THE INTERIOR exists as an Indian tribe. The petition Such submissions will be provided to was received by the Bureau of Indian the petitioner upon receipt by the BIA. Bureau of Indian Affairs Affairs (BIA) on April 4, 1995, and was The petitioner will be provided an signed by members of the group’s opportunity to respond to such [K00360±95±35420] governing body. submissions prior to a final Receipt of Petition for Federal This is a notice of receipt of petition determination regarding the petitioner’s Acknowledgment of Existence as an and does not constitute notice that the status. Indian Tribe petition is under active consideration. The petition may be examined, by Notice of active consideration will be appointment, in the Department of the This is published in the exercise of sent by mail to the petitioner and other Interior, Bureau of Indian Affairs, authority delegated by the Secretary of interested parties at the appropriate Branch of Acknowledgment and the Interior to the Assistant Secretary— time. Research, Room 1362–MIB, 1849 C Indian Affairs by 209 DM 8. Under Section 83.9(a) (formerly Street, N.W., Washington, D.C. 20240, Pursuant to 25 CFR 83.9(a) (formerly 54.8(d) of the Federal regulations), Phone: (202) 208–3592. 25 CFR 54.9(a)) notice is hereby given interested parties may submit factual that the Mattaponi Tribe (Mattaponi and/or legal arguments in support of or Dated: May 3, 1995. Indian Reservation), Route 2, Box 310, in opposition to the group’s petition. Ada E. Deer, West Point, Virginia 23181, has filed a Any information submitted will be Assistant Secretary—Indian Affairs. petition for acknowledgment by the made available on the same basis as [FR Doc. 95–12289 Filed 5–17–95; 8:45 am] Secretary of the Interior that the group other information in the BIA’s files. BILLING CODE 4310±02±P federal register May 18,1995 Thursday Indian Gaming;Notice Bureau ofIndianAffairs Interior Department ofthe Part V 26809 26810 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Indian Gaming AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of correction. SUMMARY: In notice document 95–9820 beginning on page 19822 in the issue of Thursday, April 20, 1995, make the following correction: On Page 19822, in the second column, in the third line from the bottom should read ‘‘Between the Upper Skagit Indian Tribe and the State of Washington executed on January 26, 1995.’’ DATES: This action was effective as of publication date of April 20, 1995. FOR FURTHER INFORMATION CONTACT: George T. Skibine, Director, Indian Gaming Management Staff, Bureau of Indian Affairs, Washington, D.C. 20240, (202) 219–4068. Dated: May 8, 1995. Ada E. Deer, Assistant Secretary—Indian Affairs. [FR Doc. 95–12288 Filed 5–17–95; 8:45 am] BILLING CODE 4310±02±P federal register May 18,1995 Thursday Implementation Grants;Notice School-to-Work OpportunitiesAct;State Office ofVocationalandAdultEducation; Education Department of Employment andTrainingAdministration Department ofLabor Part VI 26811 26812 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices DEPARTMENT OF LABOR to-Work Opportunities systems which (Information on last year’s awards is provide all youth with high-quality contained in the application package.) Employment and Training education that integrates school-based Estimated Average Size of Awards: Administration learning, work-based learning and $4.5 million. connecting activities, prepares young Estimated Number of Awards: Up to DEPARTMENT OF EDUCATION Americans for success in high-skill, 20. high-wage careers, and increases their Office of Vocational and Adult Note: The Departments are not bound by opportunities for further education and Education; School-to-Work any estimates in this notice. training. Opportunities Act; State Project Period: Up to 5 years (5 Eligible Applicants: All States that did Implementation Grants twelve-month grant periods). not receive a State Implementation Applicable Regulations: 29 CFR Parts AGENCIES: Department of Labor and Grant in FY 1994, the District of 33, 93, 95, 96, 97, 98. The selection Department of Education. Columbia, and Puerto Rico are eligible criteria and definition published in this ACTION: Notice Inviting Applications for for Implementation Grants under this notice, as well as the instructions New Awards for Fiscal Year (FY) 1995 competition. In accordance with the contained in the application package and Notice of final selection criteria and School-to-Work Opportunities Act, the and the eligibility and other a definition of administrative costs for Governor must submit the application requirements specified in the Act, apply School-to-Work Opportunities State on behalf of the State. to this competition. Implementation Grants (State Deadline for Transmittal of For Additional Information Contact: Implementation Grants) to be made in Applications: The closing date for Ms. Laura Cesario, U.S. Department of fiscal year 1995 and in succeeding receipt of applications is June 19, 1995, Labor, Employment and Training years. at 2 p.m. (Eastern Time). Telefacsimile Administration, Division of Acquisition (FAX) applications will not be honored. and Assistance, 200 Constitution SUMMARY: The Departments of Labor and Availability of Applications: Avenue NW., Room S–4203, Education jointly invite applications for Application packages will be mailed Washington, D.C. 20210. Telephone: new awards in FY 1995. The directly to both the Governor and the (202) 219–7300, extension 21 (this is not Departments also announce final State School-to-Work Development a toll-free number). Individuals who use selection criteria to be used in Grant contact of each eligible applicant, a telecommunications device for the evaluating applications submitted under as listed above. Applications will be deaf (TDD) may call the Federal the State Implementation Grants mailed to applicants, via overnight mail, Information Relay Service (FIRS) at 1– competition in FY 1995 and in within one day of the publication of this 800–877–8339 between 8 a.m. and 8 succeeding years, authorized under notice in the Federal Register. Any p.m., Eastern time, Monday through section 212 of the School-to-Work other party interested in receiving a Friday. Opportunities Act of 1994 (the Act). copy of the application package should Reference: SGA # DAA—007. State Implementation Grants will enable contact: School-to-Work Office, 400 States to implement their plans for Virginia Avenue, S.W., Room 100–C, Implementation Grant Competition statewide School-to-Work Opportunities Washington, D.C. 20024. Telephone: Analysis of Comments and Changes systems. Such systems will offer young (202) 401–6222. Americans access to programs designed Available Funds: Approximately On March 10, 1995, the Departments to prepare them for a first job in high- $86,000,000 (funding for the first twelve of Labor and Education published a skill, high-wage careers, and for further months). notice of proposed selection criteria and education and training. The Estimated Range of Awards: The a proposed definition of the term Departments also announce a definition Departments expect the minimum ‘‘administrative costs’’ for this for the term ‘‘administrative costs’’ that award to be approximately $1.5 million competition and competitions in will apply to State Implementation and the maximum award to be succeeding years in the Federal Register Grants funded under the Act. approximately $20 million. The (60 FR 13312–13315). In response to the DATES: The closing date for receipt of Departments wish to emphasize that, in invitation to comment, 55 parties applications is June 19, 1995. accordance with sections 212, 213, 214, submitted comments. An analysis of the comments received in response to the SUPPLEMENTARY INFORMATION: and 216 of the Act, the actual amount of each award made under this publication of that notice and of the Background competition will depend on such factors changes made to the selection criteria and definition since publication of the The Departments of Labor and as the scope and quality of the State notice of proposed criteria and proposed Education are reserving funds plan and application, the number of definition is published as an appendix appropriated for FY 1995 under the Act projected participants in programs to this notice. (Pub. L. 103–329) for a competition for operating within each State’s School-to- State Implementation Grants authorized Work Opportunities system, and the School-to-Work Opportunities State under section 212 of the Act. State’s youth population. Therefore, the Implementation Grants This notice contains a definition of Departments strongly encourage Definition the term ‘‘administrative costs’’ and the applicants to consider these factors, the selection criteria that will be used in estimated average grant award amount, All definitions in the Act apply to evaluating applications submitted in and the amount of awards made to the School-to-Work Opportunities systems response to this year’s competition. first eight Implementation States in funded under this and future State deciding what funds to request. Implementation Grant competitions. Invitation for Application for New Applicants are discouraged from Since the Act does not contain a Awards requesting significantly more funds than definition of the term ‘‘administrative Purpose of Program: These funds will States with similar numbers of school- costs’’ as used in section 217 of the Act, serve as ‘‘venture capital’’ to allow age youth received last year without a the Departments will apply the States to build comprehensive School- strong programmatic basis for doing so. following definition to this and future Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26813 competitions for State Implementation during the site visits, the ranking of school-sponsored enterprises, supported Grants: applications as a result of the first-phase work experiences, and paid work The term ‘‘administrative costs’’ review, and such other factors as experiences; means the activities of a State or local replicability, sustainability, innovation, • The school-based learning partnership that are necessary for the and geographic balance and diversity of component that will provide students proper and efficient performance of its program approaches. with high level academic skills duties under the School-to-Work consistent with academic standards that Selection Criterion 1: Comprehensive Opportunities Act and that are not the State establishes for all students, Statewide System directly related to the provision of including, where applicable, standards services to participants or otherwise Points: 35. established under the Goals 2000: allocable to the system’s allowable Considerations: In applying this Educate America Act: activities listed in section 215(b)(4) and criterion, reviewers will consider: • A connecting activities component section 215(c) of the Act. Administrative A. 20 points. The extent to which the to provide a functional link between costs may be either personnel costs or State has designed a comprehensive students’ school and work activities and non-personnel costs, and direct or statewide School-to-Work Opportunities employers and educators; and indirect. Costs of administration shall plan that— • A plan for an effective process for • Includes effective strategies for include, but not be limited, to: assessing students’ skills and knowledge integrating school-based and work- A. Costs of salaries, wages, and required in career majors, and the based learning, integrating academic related costs of the grantee’s staff process for issuing portable skill and vocational education, and engaged in: certificates that are benchmarked to • establishing linkages between secondary Overall system management, system high quality standards such as those the coordination, and general and postsecondary education; • Is likely to produce systemic change State establishes under the Goals 2000: administrative functions; Educate America Act, and for • Preparing program plans, budgets, in the way youth are educated and prepared for work and for further periodically assessing and collecting and schedules, as well as applicable information on student outcomes, as amendments; education, across all geographic areas of • the State, including urban and rural well as a realistic strategy and timetable Monitoring of local initiatives, pilot for implementing the process. projects, subrecipients, and related areas, within a reasonable period of systems and processes; time. Selection Criterion 2: Commitment of • Procurement activities, including • Includes strategic plans for Employers and Other Interested Parties the award of specific subgrants, effectively aligning other statewide priorities, such as education reform, Points: 15. contracts, and purchase orders; Considerations: In applying this • Developing systems and economic development, and workforce criterion, reviewers will consider: procedures, including management development into a comprehensive • The extent to which the State has information systems, for assuring system that includes the School-to-Work obtained the active involvement of compliance with the requirements Opportunities system and support its employers and other interested parties under the Act; implementation at all levels—State, • Preparing reports and other regional and local; listed in section 213(d)(5) of the Act, documents related to the Act; and • Ensures that all students will have such as locally elected officials, • Coordinating the resolution of audit a range of options, including options for secondary schools and postsecondary findings. higher education, additional training educational institutions (or related B. Costs for goods and services and employment in high-skill, high- agencies), business associations, reqiured for administration of the wage jobs; and industrial extension centers, employees, system; • Ensures coordination and labor organizations or associations of C. Costs of system-wide management integration with existing local education such organizations, teachers, related functions; and and training programs and resources, services personnel, students, parents, D. Travel costs incurred for official including those School-to-Work community-based organizations, business in carrying out grant Opportunities systems established rehabilitation agencies and management or administrative through local partnership grants and organizations, registered apprenticeship activities. Urban/Rural Opportunities grants agencies, local vocational educational funded under Title III of the School-to- agencies, vocational student Selection Criteria Work Opportunities Act, and related organizations, State or regional Under the School-to-Work Federal, State, and local programs. cooperative education associations, and Opportunities Implementation Grant B. 15 points. The extent to which the human service agencies, as well as State competition, the Departments will use State plan demonstrates the State’s legislators. the following selection criteria in capability to achieve the statutory • Whether the State plan evaluating applications and will utilize requirements and to effectively put in demonstrates an effective and a two-phase review process. In the first place the system components in Title I convincing strategy for continuing the phase, review teams, including peers, of the School-to-Work Opportunities involvement of employers and other will evaluate applications using the Act, including— interested parties in the statewide selection criteria and the associated • The work-based learning system, such as the parties listed in point values. In the second phase, component that includes the statutory section 213(d)(5) of the Act, as well as review teams, including peers, will visit mandatory activities and that State legislators. high-ranking States to gain additional contributes to the transformation of • The extent to which the State plan information and further assess State workplaces into active learning proposes to include private sector plans. The following selection criteria components of the education system representatives as joint partners with will apply to both review phases. The through an array of learning educators in the oversight and Departments will base final funding experiences, such as mentoring, job- governance of the overall School-to- decisions on information obtained shadowing, unpaid work experiences, Work Opportunities system. 26814 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices • The extent to which the State has applicants do not give adequate attention to and others who are critical to successful developed strategies to provide a range designing programs that will serve school implementation of School-to-Work of opportunities for employers to dropouts and programs that will serve Opportunities systems for all youth. participate in the design and students with disabilities. Therefore, the • The ability of the State to provide Departments would like to remind applicants implementation of the School-to-Work that reviewers will consider whether an constructive assistance to local Opportunities system, including application includes strategies to specifically partnerships in identifying critical and membership on councils and identify the barriers to participation of emerging industries and occupational partnerships; assistance in setting dropouts and students with disabilities and clusters. standards, designing curricula and proposes specific methods for effectively Selection Criterion 5: Resources determining outcomes; providing overcoming such barriers and for integrating worksite experience for teachers; academic and vocational learning, integrating Points: 10. helping to recruit other employers; and work-based learning and school-based Considerations: In applying this providing worksite learning activities learning, and linking secondary and criterion, reviewers will consider: for students, such as mentoring, job- postsecondary education for dropouts and • The amount and variety of other students with disabilities. Applicants are shadowing, unpaid work experiences, Federal, State, and local resources the reminded that JTPA Title II funds may be State will commit to implementing its supported work experiences, and paid used to design and provide services to work experiences. students who meet the appropriate JTPA School-to-Work Opportunities plan, as eligibility criteria. well as the specific use of these funds, Selection Criterion 3: Participation of including funds for JTPA Summer and All Students Selection Criterion 4: Stimulating and Year-Round Youth programs and Points: 15. Supporting Local School-to-Work Perkins Act programs. Considerations: In applying this Opportunities Systems • The feasibility and effectiveness of criterion, reviewers will refer to the Points: 15. the State’s long-term strategy for using definition of the term ‘‘all students’’ in Considerations: In applying this other resources, including private sector section 4(2) of the Act and consider: criterion, reviewers will consider: resources, to maintain the statewide • The extent to which the State will • The effectiveness of the State’s plan system when Federal resources under implement effective strategies and for ensuring that local partnerships the School-to-Work Opportunities Act systems: to provide all students with include employers, representatives of are no longer available. equal access to the full range of program local educational agencies and local • The extent to which the State is components specified in sections 102 postsecondary educational institutions able to limit administrative costs in through 104 of the Act and related (including representatives of area order to maximize the funds spent on activities such as recruitment, vocational education schools, where the delivery of services to students, as enrollment and placement activities; applicable), local educators (such as required in section 214(b)(3)(B) of the and to ensure that all students have teachers, counselors, or administrators), Act, while ensuring the efficient meaningful opportunities to participate representatives of labor organizations or administration of the School-to-Work in School-to-Work Opportunities nonmanagerial employee Opportunities system. programs. representatives, and students, and Criterion 6: Management Plan • Whether the plan identifies others such as those included in section potential barriers to the participation of 4(11)(B). Points: 10. any students, and the degree to which • The extent to which the State Considerations: In applying this the plan proposes effective ways of assists local entities to form and sustain criterion, reviewers will consider: overcoming these barriers. effective local partnerships serving • The adequacy of the management • The degree to which the State has communities in all parts of the State. structure that the State proposes for the developed realistic goals and methods • Whether the plan includes an School-to-Work Opportunities system. for assisting young women to participate effective strategy for addressing the • The extent to which the State’s in School-to-Work Opportunities specific labor market needs of localities management plan anticipates barriers to programs leading to employment in that will be implementing School-to- implementation and proposes effective high-performance, high-paying jobs, Work Opportunities systems. methods for addressing barriers as they including nontraditional jobs and has • The effectiveness of the State’s arise. developed realistic goals to ensure an strategy for building the capacity of • Whether the application includes environment free from racial and sexual local partnerships to design and an evaluation plan containing feasible, harassment. implement local School-to-Work measurable goals for the School-to-Work • The feasibility and effectiveness of Opportunities systems that meet the Opportunities system, based on the State’s strategy for serving students requirements of the Act. performance measures contained in from rural communities with low • The extent to which the State will section 402(a) of the Act. population densities. provide a variety of assistance to local • The extent to which the evaluation • The State’s methods for ensuring partnerships, as well as the effectiveness plan includes an effective method for safe and healthy work environments for of the strategies proposed for providing collecting information relevant to the students, including strategies for this assistance, including such services State’s progress in meeting its goals, and encouraging schools to provide students as: Developing model curricula and is likely to assist the State to meet its with general awareness training in innovative instructional methodologies, School-to-Work Opportunities system occupational safety and health as part of expanding and improving career and objectives, to gauge the success of the the school-based learning component, academic counseling services, and system in achieving those objectives, to and for encouraging employers to assistance in the use of technology- continuously improve the system’s provide risk-specific training as part of based instructional techniques. effectiveness, and to contribute to the the work-based learning component. • The effectiveness of the State’s review of results across all States. • Note: Experience with the FY 1994 School- strategy for providing staff development Whether the plan includes a to-Work Opportunities State Implementation to teachers, employers, mentors, feasible workplan for the School-to- Grant applications has shown that many counselors, related services personnel, Work Opportunities system that Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26815 includes major planned objectives over years could be charged to administrative Changes: None. a five-year period. costs. Discussion: The Departments agree that Selection Criterion 1: Comprehensive Additional Priority Points marketing (referred to as ‘‘public relations’’ Statewide System (A) As required by section 214(a)(1) and in the notice of proposed selection criteria) Postsecondary Involvement and evaluation are key State system-building Comment: One commenter stated that the (a)(2) of the Act, the Departments will functions. Developing and maintaining a criteria did not address possible duplication give priority to applications that comprehensive statewide system will require of effort between School-to-Work demonstrate the highest level of change on the part of a great many Opportunities systems and programs concurrence among State partners with organizations and individuals and the established in public educational development of extensive partnerships at the the State plan, and to applications that institutions, such as local community State and local levels. Communicating the require paid, high quality work-based colleges. This commenter was concerned that learning experiences as an integral part need for such change and challenging localities might limit community college of the School-to-Work Opportunities different groups to get involved— involvement, while favoring programs marketing—is an activity that is essential to funded under the Department of Labor’s Job system by assigning additional points— achieving a School-to-Work Opportunities above the 100 points described in the Training Partnership Act. The commenter system. In addition, the evaluation function stated that the notice should include points criteria—as follows: is especially critical because of the need for 1. Highest Levels of Concurrence—5 for applications that promote the an ongoing process of measuring system participation of local postsecondary Points effectiveness. The Departments believe, institutions and community colleges, and Up to 5 points will be awarded to however, that monitoring and establishing also ‘‘should address local secondary school applications that can— compliance systems are activities more participation.’’ • Fully demonstrate that each of the appropriately charged to the administrative Discussion: The School-to-Work initiative State partners listed in section 213(b)(4) cost category. The Departments expect that is designed to unify categorical programs into concurs with the State School-to-Work States will be providing extensive assistance coherent and comprehensive systems, and to local partnerships to build their capacity the Departments believe that the law and the Opportunities plan, and that the State to develop and implement local School-to- partners’ concurrence is backed by a notice adequately address duplication of Work systems that meet the requirements of effort. Coordination with, and integration of commitment of time and resources to Title I. This process of forming and existing programs, including those in place implement the plan. sustaining partnerships, which is addressed in community colleges, is a key feature of 2. Paid, High-Quality Work-Based under Criterion 4, should be designed to help School-to-Work Opportunities systems. An Learning—10 Points prevent compliance problems. approved State plan must include strategies Up to 10 points will be awarded to Changes: The activities related to for effectively linking secondary and applications that demonstrate that the marketing and evaluation against stated postsecondary education and the plan must State— objectives have been deleted from the list of describe coordination with programs funded • activities that must be included in the under a range of authorities, including the Has developed effective plans for administrative cost category. requiring, to the maximum extent Adult Education Act, the Perkins Act, the Restructuring Criteria Elementary and Secondary Education Act feasible, paid, high-quality work (ESEA), and the Higher Education Act (see experience as an integral part of the Comment: One commenter suggested section 213(d)(6) of the Act). State State’s School-to-Work Opportunities restructuring the six criteria around the two partnerships must include State agency system, and for offering the paid, high- major responsibilities of a State under officials responsible for postsecondary quality work experiences to the largest School-to-Work Opportunities: (1) education, and the notice awards priority number of participating students as is Developing and guiding a comprehensive points to applications that demonstrate statewide system; and (2) supporting the partners’ full concurrence with the School-to- feasible; and local School-to-Work Opportunities system. • Has established methods for Work Opportunities plan. Under Criterion 2: This commenter also recommended that the ‘‘Commitment of Employers and Other ensuring consistently high quality work- areas for which additional points could be Interested Parties,’’ applicants must describe based learning experiences across the awarded (‘‘Highest Levels of Concurrence’’ the State’s efforts to obtain and maintain the State. and ‘‘Paid, High-Quality Work Experience’’) substantive participation of a range of should, instead, be incorporated into one of Program Authority: 20 U.S.C. 6101 et seq. stakeholders. In response to several the other criteria. comments, Criterion 2 has been changed to Dated: May 15, 1995. Discussion: The Departments agree that explicitly list the examples of interested Doug Ross, distributing the criteria around the two major parties as given in section 213(d)(5) of the Assistant Secretary for Employment and responsibilities identified might be a useful Act, including secondary schools and Training, Department of Labor. alternative way to structure the criteria. postsecondary educational institutions, so Augusta Kappner, However, other than repositioning the that applicants are reminded of the range of bullets, the recommendation did not include organizations that might contribute to the Assistant Secretary for Vocational and Adult changing or deleting any of the bullets. In effectiveness of the School-to-Work Education, Department of Education. addition, the Departments do not agree that Opportunities system. Also in response to Appendix—Analysis of Comments and the areas for which additional points may be comments, Selection Criterion 4: Changes awarded could be incorporated into one of ‘‘Stimulating and Supporting Local School- the selection criteria. Section 214 of the to-Work Opportunities Systems’’ now lists Definition of Administrative Costs School-to-Work Opportunities Act of 1994 the required members of local partnerships as Comment: Three commenters suggested (the Act) requires that priority be given to given in the Act, including local educational that public relations and evaluation were applications that demonstrate the highest agencies and local postsecondary functions so central to the States’ ability to levels of concurrence among State partners institutions, and applications must show implement systemic change that they should and to applications that require paid, high- how the State will assist communities in be excluded from the definition of quality work experience. Subsuming these developing effective local partnerships. administrative costs. One of the commenters areas within other selection criteria is not Given these specifications, the final notice also recommended excluding monitoring and consistent with the priority required by the makes it more explicit that only applications developing systems for assuring compliance, Act. On balance, the Departments are that demonstrate the genuine involvement of for the same reason. One of these confident that the current structure of the local secondary schools, community colleges, commenters suggested that first-year costs to selection criteria adequately reflects the and other postsecondary institutions in their establish these activities might be excluded, elements of a comprehensive State School-to- School-to-Work systems, will be competitive. while maintaining the activities in future Work Opportunities system. While the Departments support State and 26816 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices local flexibility in deciding which networks implementation plan integrates education strategies; however, they do not want to form the most appropriate base from which and training programs and resources, suggest that any specific program must be to expand School-to-Work Opportunities including those which serve adults, such as part of a State’s workforce development systems, the Departments also believe it is postsecondary, continuing education, initiative. In regard to the suggestion that highly unlikely that an effective system can existing worker training and registered early entry into apprenticeship training be be built with only limited, selective apprenticeship programs. Also, the included in the bullet on work-based participation of the stakeholders mentioned Departments expect that a State’s partnership learning on Criterion 1 B, the Departments in the Act. In response to the comment about will include a range of entities (see sections agree that early entry into an apprenticeship the need to address local secondary school 213(b)(4) and 213(d)(5) of the Act), many of program can be an appropriate objective for participation, the Departments wish to stress which relate directly to adult learners and a School-to-Work Opportunities program. that any application that under Criterion 1 B workers. Finally, the most comprehensive Section 215(b) (4) (K) of the Act includes, as fails to present a convincing plan for plans for education reform will be strongly an allowable activity for local partnerships institutional change in secondary schools tied to related statewide initiatives such as receiving subgrants from States, the creation statewide, will not be competitive. economic development and workforce or expansion of school-to-apprenticeship Changes: None. development, with School-to-Work as the programs in cooperation with registered framework for a K-Life continuum. Therefore, apprenticeship agencies and apprenticeship Preparation for Entry Into Four-Year Colleges the Departments anticipate that the most sponsors. However, the extent to which Comment: One commenter was concerned competitive applications will address life- apprenticeship training is utilized as a work- that comprehensive School-to-Work long learning implicitly in the based learning experience in a statewide Opportunities systems would be associated implementation plan, or will achieve this system is most suitably determined by the with vocational education; the commenter integration in the long term. State. believed vocational education is negatively Changes None. Changes: None. viewed as yielding few academic skills, System Change for Youth With Disabilities limiting postsecondary options, and limiting Focus on Communities With High access to careers that require postsecondary Concentrations of Poor and Disadvantaged Comment: Several commenters education. The commenter believed that Youth recommended requiring special plans to Criterion 1 should require reviewers to Comment: One commenter suggested that demonstrate how School-to-Work consider the extent to which plans ensure the second bullet of Criterion 1 A, which Opportunities programs will be coordinated that all students graduating from secondary refers to the State’s plan for systemic change, with ‘‘systems change grants’’ and other school will be ‘‘eligible’’ to enter four-year include specific mention of communities related activities under the Individuals with colleges. with high concentrations of poor and Disabilities Education Act (IDEA). In order to Discussion: School-to-Work Opportunities disadvantaged youth. ensure participation by youth with systems must prepare learners for a range of Discussion: The Departments believe that disabilities, these commenters suggested that education, employment and training options, Criterion 1 A, by considering the extent to Criterion 1 A be revised to specifically as discussed throughout the Act and which the School-to-Work Opportunities reference IDEA transition projects or Systems highlighted in the notice of proposed system is likely to encompass and produce Change for Youth with Disabilities. selection criteria in the first, second and change in all areas statewide, addresses the Discussion: Achieving comprehensive fourth bullets of Criterion 1. School-to-Work inclusion of communities with high reform will require States to coordinate and aims at developing a lifelong continuum of concentrations of poor and disadvantaged integrate a great number and variety of State learning and work experience, rather than youth. Applications that do not outline initiatives having related goals. The targeting a specific type of institution or convincing strategies and timelines for Departments agree that the lessons learned from initiatives and programs that are related course of study. The Departments agree with achieving comprehensive statewide coverage to School-to-Work should be incorporated the commenter on the need to emphasize to will be less competitive than those that do. into the State’s comprehensive plan. The fifth parents, students, and other stakeholders that In addition, the second bullet in the now- bullet under Criterion 1 A is intended to School-to-Work Opportunities systems will revised Criterion 4 places further weight on encourage States to review the many related not limit, but rather enhance, all students’ the State’s plan to actively assist local Federal, State and local programs and capacity to master concepts and successfully partnerships in expanding the system to initiatives and develop strategies for creating enter and complete four-year degree reach communities in all parts of the State. mutually supportive strategies. programs. Since they utilize new methods of Reviewers will evaluate whether there are Changes: None. teaching, learning, assessing and gaps in the strategy for implementing the demonstrating student achievement, School- School-to-Work Opportunities system Selection Criterion 1: Comprehensive to-Work Opportunities systems will also throughout the State and score the Statewide System (B) require flexibility and support from application accordingly. Emphasis on Coordination With Goals 2000 employers and four-year institutions for new Changes: None. methods of measuring student performance, Comment: Several commenters expressed such as skill certificates and portfolios. Apprenticeship Training concern about the relationship between Although the Departments do not believe that Comment: One commenter expressed the School-to-Work and the Goals 2000: Educate a specific reference to ‘‘eligibility’’ for four- view that apprenticeship training be America Act. The commenters emphasized year colleges is necessary, they wish to stress included in Criterion 1 A with education the voluntary nature of States’ participation that the success of student transitions will reform, economic development, and in Goals 2000 activities, and believed that the depend in part on the commitment of workforce development, as statewide notice linked academic and skills standards employers and postsecondary institutions to priorities in the establishment of a too closely to these activities rather than develop and accept new measures of student comprehensive system. The commenter also focusing more broadly on statewide performance resulting from educational believed that the work-based learning education reform initiatives. Conversely, one reform. component in Criterion 1 B should include, commenter stated that the criteria did not Changes: None. as a potential learning experience, early entry highlight strongly enough the importance of into apprenticeship training. the State’s role in developing curricula and K-Adult Continuum Discussion: In Criterion 1, ‘‘education instructional methodologies consistent with Comment: One commenter suggested that reform,’’ ‘‘economic development,’’ and academic and skill standards such as those language be added to support a State School- ‘‘workforce development’’ are broad terms established under Goals 2000, nor in to-Work Opportunities plan that addresses all that are intended to include a variety of ensuring that students achieve these students, from K-Adult. programs and activities that may be part of standards. One commenter noted that the use Discussion: The Departments believe that a State’s strategic priorities. The Departments of the past tense in referring to standards the criteria, as written, address life-long believe that apprenticeship training is likely ‘‘established’’ under Goals 2000 implies that learning in many respects. Reviewers will to be a key component in many States have submitted standards for evaluate the extent to which a State’s comprehensive workforce development certification by The National Education Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26817 Standards and Improvement Council. (The for elements such a those described in individualized support to assist persons with Council is provided for under Goals 2000, section 213 (d) (‘‘State Plan’’) of the Act. The severe disabilities in becoming equal but has not been formed.) One commenter commenter also suggested that the participants in the competitive labor force, believed that the Goals 2000 standards apply Departments restore language, included in can be appropriate elements of the work- only to traditional academic subject areas, the Act but omitted from the final bullet of based learning component. disregarding core standards and performance Criterion 1 B, linking career majors to the Changes: in Criterion 1 B, the phrase measures for vocational and technical assessment and certification of skills. In the ‘‘supported work activities’’ has been added education already being developed by States opinion of the commenter, the exclusion of to the list of learning experiences that may under the Perkins Act, and separating this reference from the criterion altered the be included in work-based learning. In academic performance from performance meaning of this section. addition, in Criterion 2, the term ‘‘supported related to workforce-development. This Discussion: While the Departments concur work experiences’’ has been added to the list commenter stated that a reference in with the commenter on the importance of of opportunities for employers’ participation. Criterion 2 to employer involvement in the these provisions, they do not believe it is Selection Criterion 2: Commitment of development of standards was the only necessary to restate in the notice most of the Employers and Other Interested Parties linkage to the performance-based system legislative language emphasized by the being built under the Perkins Act. commenter, or that it is necessary to assign Key Stakeholders points for every statutory requirement. The Discussion: The Departments wish to Comment: Many commenters were clarify that participation in activities under notice advises States that applications must meet all the requirements of the Act, concerned that by not specifically referencing both Goals 2000 and School-to-Work is organized labor as a party that should be strictly voluntary, and that participation in reiterates that all definitions in the Act apply to systems funded under the State actively involved in the development of the Goals 2000 is in no way a condition for State system, as employers and State receiving a School-to-Work Opportunities Implementation Grant competitions, and emphasizes, under Criterion 1, the need for legislators are referenced, labor’s Implementation Grant. However, in the case contribution to the School-to-Work of States that have chosen to participate in State plans to demonstrate consistency with all statutory requirements and with all Opportunities initiative would be Goals 2000, the Departments will consider diminished. Various commenters also whether plans developed under School-to- system components in Title I of the Act. Therefore, the Departments strongly indicated that teachers, vocational Work and Goals 2000 are coordinated and rehabilitation agencies, JTPA service mutually reinforcing. A major focus of encourage applicants to refer to the Act as well as the criteria in developing School-to- providers, community-based organizations, Criterion 1 is the need to integrate School-to- private non-profits, parents, and/or Work into the State’s overall agenda for Work Opportunities plans which reflect the full intent of the law. The Departments wish consumers should be explicitly identified as education reform or restructuring. The key stakeholders in the State system since the Departments intend to emphasize the need to assure the commenter that panelists reviewing the applications are selected for inclusion of these entities is as vital to the for high, statewide standards against which development of the system as that of to develop curriculum, measure the quality their understanding of the School-to-Work Opportunities Act, are required to participate employers. of integrated school-based and work-based in a carefully designed orientation, and must Discussion: While the proposed criterion learning and instruction, assess learner score applications based on the criteria, in referenced section 213(d)(5) of the Act, performance, and certify proficiency. The conjunction with the requirements of the Act. which, in turn, explicitly lists the parties the notice refers to standards developed under The Departments agree with the commenter State may involve in the creation of a Goals 2000 as an example of such State- that the bullet relating to assessment and statewide School-to-Work Opportunities developed and validated measures. In certification of skills would be strengthened system, the Departments agree that it would response to the comment that Goals 2000, and clarified by including a reference to be helpful to identify expressly in the first and, by association, this notice, disregards career majors, as given in section 213(d)(16) bullet of Criterion 2 all of the parties referred significant work already undertaken through of the Act. to in section 213(d)(5). In this way, the the Perkins Act, the Departments would Changes: The final bullet in Criterion 1 B criterion does not appear to exclude any of point out that under Goals 2000, now includes the language of section the entities that have significant participating States must coordinate their 213(d)(16) of the Act regarding the State’s contributions to make to the establishment of improvement plans both with any School-to- process for assessing skills and knowledge a comprehensive School-to-Work Work efforts and with strategies to integrate required in career majors. Opportunities system. Although the academic and vocational instruction as Departments believe that labor organizations outlined in the Perkins Act. (See Goals 2000, Distribution of Points have unique contributions to make to the section 306(j) and (1).) The School-to-Work Comment: One commenter questioned the design and implementation of School-to- Opportunities Act defines the integrated distribution of points in this section, and Work Opportunities systems, Criterion 2 work-based and school-based components as believed that Criterion 1 B, under retains State flexibility to determine the incorporating, to the extent possible, all Comprehensive Statewide System, should involvement of specific interested parties aspects of the industry, and providing receive more weight than 15 out of 100 listed in section 213(d)(5) of the Act. The academic, vocational, technical and points. Another commenter recommended Departments concur with the rationale production skills as well as general that the points assigned to Criterion 3, expressed by several commenters that workplace competencies (see sections 4(1), ‘‘Participation of All Students,’’ be increased developing high-quality work-based learning 101 and 102 of the Act). Whether education from 15 to 20. experience requires the commitment of front- reform and standards development occur Discussion: In response to this comment, line workers as well as top-level managers independent from, or in relation to, the Goals the Departments gave careful consideration and CEOs. Applicants are encouraged to 2000 initiative, it is important that the to the distribution of points among the utilize labor organizations and other key School-to-Work Opportunities plan unfold in selection criteria, and have concluded that parties toward this aim. the context of a systematic vision for the distribution provided for in the notice Changes: Selection Criterion 2 has been improving education in the State. results in the most appropriate balance changed to recognize all the entities listed in Changes: None. among the criteria. section 213(d)(5) of the Act. Changes: None. Need To Include Sections of the Act in the Involvement of Teachers Notice Supported Work Comment: One commenter believed that Comment: One commenter believed that Comment: One commenter recommended the involvement of teachers should be the criteria should more exactly reiterate adding supported work activities or augmented beyond being listed among ‘‘other definitions and key components contained in experiences to several criteria to highlight interested parties.’’ This commenter the Act in section 4 (‘‘Definitions’’) and Title what can be done at the work site to assist recommended that teachers be designated as I, sections 101–104 (‘‘General Program students with disabilities. required sponsors of any grant application. Requirements’’ and basic program Discussion: The Departments agree that This commenter, as well as one other, components), with specific points assigned supported work activities, that provide believed that applicants that articulate 26818 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices convincing strategies to ensure effective and encouraged to be involved, as stated in of the importance of nontraditional sustained teacher involvement at both the section 213(d)(5) of the Act which includes employment for women in School-to-Work State and local levels should receive ‘‘labor organizations or associations of such and asking for identification of barriers and additional points. organizations.’’ The Departments do not methods for overcoming them. One Discussion: The Departments strongly believe that it is appropriate to mandate commenter suggested an alternative method encourage State teams to involve teachers at additional requirements beyond those for addressing the participation of all every stage of system development and contained in the Act or to define a role for students. The commenter was concerned that implementation. A School-to-Work any stakeholder group; however, strong assigning 15 points to a criterion that Opportunities system that does not applications will be those that represent the included all types of students might permit effectively incorporate the needs, beliefs, and greatest amount of collaboration among continuation of historical exclusionary capabilities of classroom educators will not stakeholders. Applicants are reminded that practices because applicants could provide be able to reach the comprehensiveness labor organizations or nonmanagerial strong strategies for some students, but not required of system implementation. employee representatives are required include others and still be awarded high Additionally, strategies for building upon the members of local partnerships in the School- marks on this criterion. current practices within a State will not be to-Work Opportunities system, and, in While most of the comments relating to realistic or complete without the input of response to another comment, Criterion 4 participation of target groups recommended teachers. Although the Departments believe now identifies all required members of local requiring specific strategies for a particular that teachers have unique contributions to partnerships. target group, one commenter did not want to make to the design and implementation of Changes: None. focus on any special group. This commenter School-to-Work Opportunities systems, believed that the strength of the School-to- Bureau of Apprenticeship and Training Criterion 2 retains State flexibility to Work Opportunities Act is that it is designed Involvement determine the involvement of specific for all students, and that the system itself is interested parties listed in section 213(d)(5) Comment: One commenter suggested that the solution for different groups. of the Act. Also, consistent with section States designate a Federal Bureau of Recommendations for where in the notice 213(b)(4) of the Act, the Departments do not Apprenticeship and Training (BAT) changes should be made included Criteria 1, believe it is appropriate to mandate teacher representative as a State partner in order to 3 and 4. Although most commenters wanted sponsorship of the grant application. Finally, avoid any duplication of effort between States to be required to provide more specific it is noteworthy that the importance of established apprenticeship programs and attention to a particular group in Criterion 3, teachers’ participation in School-to-Work School-to-Work activities being developed as several suggested adding language to the Opportunities systems is further conveyed by a result of the Act. The commenter fourth bullet in Criterion 1A in order to the specific reference to teachers within the referenced the Act’s specificity with regard to correct past histories of exclusion or to help definition of ‘‘local partnership,’’ in section non-duplication of effort. raise State awareness that the range of 4(11)(A) of the Act. That section provides Discussion: Section 213(d)(5) of the Act, options should be available to a specific that local partnerships must include, among referenced in Criterion 2, includes registered target group or groups. One commenter others, ‘‘local educators (such as teachers, apprenticeship agencies as entities that States recommended adding language to Criterion 4 counselors, or administrators) * * *’’ may actively and continually involve in the that would encourage States to help local Changes: As stated above, Criterion 2 now development and implementation of systems use technology-based instructional includes reference to each entity listed in statewide systems. The term ‘‘registered techniques for students with disabilities. section 213(d)(5) of the Act. Selection apprenticeship agency’’ is defined under Another commenter recommended replacing Criterion 4 has been changed to add, as its section 4(13) of the Act to mean ‘‘the Bureau Criterion 3 with what was referred to as a first bullet, the ability of the State to ensure of Apprenticeship and Training in the ‘‘threshold criterion.’’ that local partnerships include all of the Department of Labor or a State Discussion: Criterion 3 requires a State to apprenticeship agency recognized and entities listed in section 4(11)(A) of the Act. describe its strategies for effectively ensuring approved by the Bureau of Apprenticeship opportunities for all students to participate, Consultation With Organized Labor and Training as the appropriate body for and to identify ways of overcoming barriers Comment: Several commenters supported State registration or approval of local to the participation of any students. The the addition of a requirement that the State apprenticeship programs and agreements for additional considerations in this criterion for directly consult with the State AFL–CIO in Federal purposes.’’ Since Criterion 2 has young women and for students from rural order to coordinate organized labor been changed to identify all entities listed in communities with low population densities involvement at both the State and local section 213(d)(5) of the Act, and since the reflect the required content of the State plan, levels. Many commenters supported this Act includes the Bureau of Apprenticeship as described in section 213(d) of the Act. concept by requesting that the Departments and Training in its definition of ‘‘registered Balancing the design of a system that serves apprenticeship agency,’’ the Departments require States to define a particular role for all students with the need for targeted believe that the criteria adequately allow for organized labor, tie this requirement to strategies for some students is one of the the inclusion of the Bureau of Criterion 2, and assign points to the most difficult aspects of implementing the Apprenticeship and Training in State system- requirement. Lastly, one commenter believed School-to-Work Opportunities initiative. Like building activities. that it would be appropriate to include a the Act, Criterion 3 refrains from requiring Changes: None. special note requesting that States develop applicants to design specific programs for distinctive strategies to utilize organized Selection Criterion 3: Participation of All each specific group of students. Rather, the labor. Students focus is on building a system for all students. Discussion: The Departments agree that The Departments agree that to receive the organized labor is a key contributor to the Participation of Target Groups maximum points on Criterion 3 applicants development and implementation of Comment: Many commenters suggested must not neglect the needs of any students, comprehensive School-to-Work ways to emphasize the participation of a and must convincingly describe how the Opportunities systems. As many commenters particular target group or groups included in State’s School-to-Work Opportunities system suggested, labor organizations have the definition of ‘‘all students.’’ Some will provide the same options and produce significant contributions to make in a variety commenters recommended requiring specific the same results for all participating students, of aspects of such systems—from designating strategies or plans for one or more of the while recognizing that groups of students workplace mentors and helping to ensure target groups. Some believed that the ‘‘Note’’ have different needs and, therefore, that safe work environments to the establishment on students with disabilities and dropouts specific strategies may be required for the of realistic skill standards. The Act was helpful, but that the concept of target groups listed in the definition of ‘‘all thoroughly delineates who must collaborate developing strategies for students with students.’’ Applications that fail to address in the development of a statewide system, as disabilities and school dropouts would be the critical needs of each category of student stated in section 213(b)(4) of the Act, which strengthened if it were added as a separate and fail to develop effective strategies based includes representatives of the private sector, consideration in Criterion 3. One commenter on identified student needs will not be as as well as the other interested parties who are wanted to add a ‘‘Note’’ reminding applicants competitive as applications that have Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26819 comprehensive and effective strategies for all criteria, and will be reminded in the final Work Environment Free From Harassment students. To be competitive, States that have application package, that applications must Comment: One commenter recommended not fully established all components of the meet all requirements of the Act. However, that States be required to explain how they strategies devised for all students, should the Departments agree that the requirement will ensure that student work environments have at least a timetable for putting all for equal access is so central to the purpose are free from racial and sexual harassment. aspects of their strategies in place within a of School-to-Work Opportunities, that Discussion: The Departments agree that reasonable period of time. Finally, the applicants should be reminded that programs providing environments for students that are Departments do not agree that Criterion 3 must provide equal access to the full range free from racial and sexual harassment is an should be replaced with a threshold criterion of program components to all students. important aspect of School-to-Work. Section or an eligibility requirement or that either of In regard to the comment suggesting that 213(d)(14) of the Act directs States to these would be consistent with the Act. equal access be required from the inception describe the State’s goals and methods for Changes: A reference to the definition of of the grant, the Departments believe that addressing the issues of participation in ‘‘all students’’ in section 4 of the Act has some States may have an effective plan for School-to-Work programs by young women. been added to Criterion 3 in order to remind a comprehensive School-to-Work That section also requires States to describe applicants of the scope of the term. Opportunities system even if all components their ‘‘goals to ensure an environment free from racial and sexual harassment.’’ The Define ‘‘All Students’’ of their plans, including their strategy for ensuring equal access to the full range of purpose of publishing the ‘‘Notice of Comments: Several commenters suggested School-to-Work Opportunities program proposed selection criteria’’ was to provide that a definition of the term ‘‘all students’’ be components, would not be fully operational an opportunity for comment on the criteria added in the Definitions section of the Notice at the beginning of the Implementation Grant that reviewers would use in evaluating or that the specific student categories be period. However, in order to be competitive, applications; it was not to repeat the entire defined. The commenters believed that the a State should be able to: (1) Demonstrate an contents of the State plans, as defined in notice of final priority and selection criteria effective strategy for assisting all students to section 213(d). However, the Departments for the FY 1994 competition was clearer take advantage of the opportunities to fully agree with the commenter on the importance about the definition and that the significance participate in a School-to-Work of the efforts of States and local partnerships of the requirement for ‘‘all students’’ needed Opportunities program that meets the to ensure that students are provided with to be emphasized. requirements of Title I, and (2) describe the work environments, free from racial and Discussion: The final competition for State timetable for fully implementing the strategy. sexual harassment. Implementation Grants in 1994 was Changes: Language from section 101(5) of Changes: The phrase from section announced prior to passage of the School-to- the Act relating to equal access has been 213(d)(14) of the Act, ‘‘and has developed Work Opportunities Act. Consequently, it added to Criterion 3. realistic goals to ensure an environment free was necessary last year to provide more from racial and sexual harassment,’’ has been detailed information and definitions in the Monitoring added to the third bullet under Criterion 3. Notice—anticipating the School-to-Work Comment: Several commenters Opportunities legislation—while ensuring Focus on Communities With High recommended that State be asked to provide consistency with Cooperative Demonstration Concentrations of Poor and Disadvantaged specific detail on how they plan to monitor authority of the Carl D. Perkins Vocational Youth the safe and healthy work environments that and Applied Technology Education Act, Comment: One commenter suggested that are required under section 601 of the Act. under which the FY 1994 State the section that deals with the State’s strategy Some of these same commenters believed Implementation Grant awards were funded. for serving students from rural communities that joint labor-management safety For this second round of competitions, all with low population densities include a committees and the State AFL–CIO should be definitions and requirements of the Act specific reference to communities with high consulted in designing the monitoring apply. However, the Departments agree that concentrations of poor and disadvantaged mechanisms. it would be helpful to remind applicants that youth. Discussion: Under Criterion 3, reviewers the definition of the term ‘‘all students’’ Discussion: Since Criterion 3 considers the will consider the State’s methods for applies to this competition. extent to which the School-to-Work Changes: A reference to the definition of ensuring safe and healthy work environments Opportunities system is designed to reach all ‘‘all students’’ in section 4(2) of the Act has for students. Many activities may be a part students, the Departments believe the notice been included in Criterion 3. of a State’s strategy for ensuring that students adequately addresses the inclusion of such are provided safe and healthy work communities in the State’s plan for Equal Access environments, including risk assessment, implementing systemic change across all Comment: Two commenters recommended assignment of responsibility for safety, and geographic areas of the State. Disadvantaged that Criterion 3 be expanded to include monitoring. However, although the students are specifically noted in the Act’s language requiring equal access to program Departments do not believe it is appropriate definition of ‘‘all students.’’ (See section components for all students. One of these for them to define the components of the 4(2).) Applications that do not outline commenters also recommended that Criterion strategy that all States must use to ensure safe convincing strategies for including all 3 should require equitable representation of and healthy work environments, the bullet students in the School-to-Work all students and equal access at the inception has been modified to clarify that State Opportunities system will be less of the grant. The equal access language in strategies should include both school-based competitive than those that do. Title I of the Act was considered by the and work-based components. Changes: None. commenter to be the cornerstone to ensuring Furthermore, while the Departments agree participation of all students. that labor-management safety committees Alternative Assessments Discussion: Section 101 of the Act defines would be in an excellent position to provide Comment: Several commenters noted the the general program requirements for all assistance in designing monitoring importance of providing flexibility in School-to-Work Opportunities systems and mechanisms, the School-to-Work assessment processes. Some of these requires that they ‘‘provide students with Opportunities Act provides States with commenters suggested adding considerations equal access to the full range of such program flexibility to develop and implement School- to Criterion 3 that encourage the components (including both school-based to-Work Opportunities systems that best fit development of alternative assessment and work-based learning components) and the needs of the State, while meeting the techniques and alternative methods of related activities, such as recruitment, requirements of the Act. Who is involved in meeting skill benchmarks that do not enrollment, and placement activities, except designing pieces of the State’s system will be penalize students for a deficit related to the that nothing in the Act shall be construed to determined by the State and local partners. assessment technique being utilized. provide any individual with an entitlement Changes: The final bullet of Criterion 3 has Discussion: The Act provides flexibility for to services under this Act.’’ As noted been modified to encourage safety training to States to design School-to-Work elsewhere in this Appendix, applicants were be included in both the school-based and Opportunities systems that respond to the reminded in the notice of proposed selection work-based components. unique needs and opportunities of each 26820 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices State. The State plan that is part of the preparing women, minorities, and systems funded under the Act, information application for a State Implementation grant individuals with disabilities for jobs in high- on the impact of School-to-Work will be must include a description of the State’s skill, high-wage industries. gathered. (See sections 401–404.) The processes for assessing skills and knowledge Discussion: The Departments agree with Departments believe that the notice required in career majors and for awarding both commenters and believe that the most sufficiently emphasizes the significance of skill certificates. In addition, under Criterion competitive State applications will include performance measures. However, the 3, reviewers will assess the extent to which strategies for providing staff development for Departments agree with the commenters that the applicant has identified barriers to the all who are involved in the provision of Criterion 6 should relate performance participation of any students. School-to-Work activities for youth. Section measures and data collection methods to a Changes: None. 213(d)(7) of the Act expressly requires that systematic evaluation plan. Reviewers will States articulate strategies for training consider first, whether such a plan is in Selection Criterion 4: Stimulating and teachers, employers, mentors, counselors, place, second, the extent to which it is likely Supporting Local School-to-Work related services personnel, and others, to meet State objectives, third, the extent to Opportunities Systems including specialized training to prepare staff which it will be used to gauge the success of, Stakeholder Involvement at the Local Level to effectively support special student and continuously improve, the State’s populations such as women, minorities, and School-to-Work system, and fourth, the Comment: Two commenters suggested that individuals with disabilities. Two other extent to which the State’s evaluation plan is States be asked to describe their efforts to sections in the Act, section 104 (with regard likely to contribute to the review of results involve organized labor at the local level, to the connecting activities component) and across all States. including recommended strategies for local section 215(b)(4) (with regard to allowable Changes: Criterion 6 has been changed to areas to address labor market needs and build activities under State subgrants), underscore add the words ‘‘evaluation plan’’ as the the capacity of their local partnerships by the training of teachers, mentors, and others vehicle for including measurable goals, and involving labor organizations during the as vital components of any School-to-Work to include in the bullet the ability of the early stages of initiative development. An Opportunities initiative. Since the Act so evaluation plan to meet State objectives, additional commenter asked that States be strongly emphasizes the critical importance continuously improve the State system, and required to ensure that local partnerships of staff development in the implementation contribute to the review of results across all include students and community-based of statewide systems, and further emphasizes States. organizations in the development of local the need for staff development at the local School-to-Work Opportunities systems. level, the Departments are adding explicit Addressing Potential Barriers Discussion: Section 4(11)(A) of the Act language that compels reviewers to consider Comment: One commenter proposed states that local partnerships must include: the extent to which states have provided for involving organized labor to address the employers, representatives of local staff development for all staff involved in the potential barrier of providing all students educational agencies and local postsecondary provision of School-to-Work activities for with work-based learning experiences. The educational agencies (including youth. commenter believed that the early inclusion representatives of area vocational education Changes: Selection Criterion 4 now of ‘‘member employers of organized labor’’ schools, where applicable), local educators includes an additional bullet that considers would ensure full participation of students in (such as teachers, counselors, or the effectiveness of the State’s strategy for the School-to-Work Opportunities initiative. administrators), representatives of labor providing staff development to those who are Discussion: The Departments encourage organizations or nonmanagerial employee critical to successful implementation of States to involve representatives of organized representatives, and students. In addition, School-to-Work Opportunities systems for all labor and others in addressing such potential section 215(c)(2) of the Act lists conducting youth. barriers as providing all students with work- ‘‘outreach activities to promote and support based learning experiences. As stated in collaboration, in School-to-Work Criterion 6: Management Plan reference to Criterion 2, the Departments Opportunities programs, by businesses, labor Evaluation have agreed to identify each of the entities organizations, and other organizations’’ as an listed in section 213(d)(5) of the Act as activity in which the State may become Comment: Several commenters were stakeholders important to the involved in carrying out the statewide concerned that an evaluation plan was not implementation of the statewide School-to- School-to-Work Opportunities system. specifically required in State applications. Work Opportunities system. The Bearing these points in mind, the The commenters indicated that the presence Departments encourage the utilization of Departments believe that the most of a concrete plan for research and evaluation each of these entities, including organized competitive State applications will contain would help gauge a State’s ability to measure labor, in identifying and addressing potential strategies for local areas that promote high the success of, and to continuously improve, barriers to student participation and view the its School-to-Work Opportunities system. levels of local partnership collaboration and change to Criterion 2 as addressing this Several commenters pointed out that the that can effectively demonstrate an commenter’s concerns as well. awareness of a local partnership’s capability resulting information could be used to Changes: None. for inclusion of all parties necessary for local systematically assess the impact of School-to- initiative implementation and correlation to Work systems, avoid duplication, identify Additional Priority Points [1]—Highest the statewide system. issues, challenges and best practices, and Levels of Concurrence Changes: Selection Criterion 4 now provide models for replication. One includes, as its first bullet, the ability of the commenter recommended that grantees Highest Levels of Concurrence State to ensure that local partnerships collect data on the number of exiting Comment: Three commenters made include all of the entities listed in section participants who are gaining employment recommendations for change to the section of 4(11)(A) of the Act. and/or entering and completing post- the Notice on additional priority points for secondary education or training. One Highest Levels of Concurrence. One Staff Development commenter stated that performance measures commenter requested that, in addition to Comment: Two commenters requested that are more than a management issue, and awarding priority points for concurrence of staff development be included in Criterion 4. should be considered under Criteria 1 and 4. the State partners, a penalty for One commenter focused on requiring States Discussion: The Departments believe that nonconcurrence should be applied. Another to set aside resources and develop a long- States should have the flexibility to design commenter believed that five additional term plan for providing staff development evaluations appropriate to State needs and priority points for this criterion was not activities to all staff members within goals, but they agree on the importance of a appropriate because the basis for assigning secondary schools. The other commenter plan that presents how a State will collect the additional points was not clear, and it indicated that State applications should be and analyze information related to the would be difficult for reviewers to assessed based upon their efforts to provide performance measures in section 402 of the differentiate between perceived and actual training for teachers, employers, mentors, Act, as well as any other factors the State collaboration. Another commenter believed counselors, and other staff that includes deems necessary. Since the Departments are that this section should be revised to specialized training directed toward required to conduct an evaluation of all encourage States to utilize staff who are Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26821 qualified to deliver services to special preferred, but not mandatory, activity of developing the work-based component.While population groups. School-to-Work Opportunities systems, the Departments encourage applicants to Discussion: In response to the first indicating that a ten-point priority for this review section 103(a) of the Act for a comment, the Departments note that factor exceeds the intent of the law. Other definition of high-quality work-based reviewers may add a maximum of 5 points commenters noted that many rural School-to- learning, they do not believe this definition for applications that demonstrate that all Work Opportunities systems will rely mainly needs to be restated in the priority. State partners listed in section 213(b)(4) on school-sponsored enterprises, school- Changes: None. concur with the plan and have committed based simulations and unpaid work-based time and resources to implementing it. learning, and that students also benefit from Invitation to Comment these experiences. One commenter suggested Applications that do not fully demonstrate 30 Day Submission such concurrence will receive less than 5 that more information be provided in this points, which is, in effect, a penalty for section on what constitutes high-quality Comment: Several commenters opposed nonconcurrence, as the commenter work-based learning. One commenter the Departments’ decision to require States to suggested. Regarding the second suggestion, suggested that points be reduced under this submit their applications within 30 days of the Departments note that the basis for section, and additional points be awarded for the publication of the notice of final selection awarding 5 additional points for ‘‘Highest rural School-to-Work strategies under criteria. Generally, these commenters Levels of Concurrence’’ is adequately Criterion 3. believed that 60 days, rather than the described. To assist reviewers in Discussion: The Departments are proposed 30 days, would allow enough time differentiating between perceived committed to a fair and equitable review of for States to involve and obtain support from collaboration and actual collaboration, all applications, and recognize that, in order all of the necessary stakeholders in the applicants must show how the concurrence to be successful, a School-to-Work submission of the State application. Three of each partner is actualized through a Opportunities system must take into account commenters added that the proposed commitment of time and resources. the unique needs and conditions of the State submission time prevents full consultation Regarding the third suggestion, section 214(a) by which it has been designed. The with regional or local stakeholders located of the Act specifies that priority is to be given Departments agree that unpaid work throughout the State (particularly large for concurrence with the State plan by those experiences and alternatives such as school- States). Commenters further noted that the organizations listed in section 213(b)(4) that sponsored enterprises are highly valuable in proposed 30 day submittal deadline limits are required to collaborate in the providing students with the opportunity to the ability of State educational agencies and gain and apply skills. This priority does not development of the application. This section others who may have dissenting comments to require paid work experience for every of the Act is a recognition that system-wide provide them, disregards the fact that May is student, but emphasizes paid work change cannot occur unless the State officials a difficult time to obtain comments from with the authority and resources for related experience in the work-based learning component, and rewards applications which classroom teachers, and would nonetheless education and training programs fully be unsuccessful in granting awards prior to commit to system-wide change. How demonstrate innovative strategies and high levels of effort in this area. The Departments the beginning of the 1995 school year. effectively local School-to-Work Discussion: While the Departments Opportunities programs or activities are wish to clarify that this section will not place rural States at a disadvantage, since points understand the requests by some States for delivered is a consideration in several other additional time to submit their applications, criteria, including Criteria 3, 4, and 6. awarded will reflect comprehensiveness in they strongly maintain that, as stated in the Changes: None. developing the work-based learning component and attempting to maximize paid notice of proposed criteria, the 30 day Additional Priority Points [2]—Paid, High work experiences, rather than the relative submittal time is sufficient for States that are Quality Work-Based Learning number of students involved in paid work prepared for comprehensive system experiences. Reviewers rank each State’s implementation. Furthermore, the Difficulty of Rural States in Meeting Priority application against the criteria, not against involvement of necessary stakeholders in the Comment: Several commenters were other applications. In assigning points under endorsement of the State application’s key concerned that this section would favor this priority, reviewers will consider the components should either already be urban, industrialized States over rural non- quality of an individual State’s plan given established or be well underway and would industrialized States because the former have what is feasible for that State, as described not likely be increased with the addition of greater numbers of employers able to provide in the application. Therefore, the extent to 30 days. Lastly, the establishment of the paid work experiences. While one which an application presents what is Departments’ State Planning Guide for a commenter agreed with placing some possible and appropriate for the State, as well Comprehensive System, distributed shortly emphasis on paid, high-quality work-based as the State’s level of effort in obtaining paid after the publication of the proposed criteria, learning, most of these commenters pointed work experiences and/or designing high- provided States with an opportunity to out that rural States have limited access to quality alternatives which are accessible evaluate their current progress and assess the employers due to factors such as geographic systemwide, will determine the number of status of all system components. isolation, predominance of small businesses, points awarded. Rural States that present this Changes: None. and a smaller base of non-hazardous information thoroughly and convincingly industry. Two commenters noted that the Act may score higher in this section than urban [FR Doc. 95–12332 Filed 5–17–95; 2:50 pm] describes paid work experience as a States that do not demonstrate initiative in BILLING CODE 4510±30±M i Reader Aids Federal Register Vol. 60, No. 96 Thursday, May 18, 1995 INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING MAY Federal Register At the end of each month, the Office of the Federal Register Index, finding aids & general information 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which Public inspection announcement line 523±5215 lists parts and sections affected by documents published since the Corrections to published documents 523±5237 revision date of each title. 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The Fax-On-Demand 871...... 21759 299...... 25856 telephone number is: 301±713±6905 872...... 21759 873...... 21759 9 CFR 874...... 21759 78...... 24547 FEDERAL REGISTER PAGES AND DATES, MAY 85...... 26353 7 CFR 92...... 25119, 26355 21033±21424...... 1 24761±25118...... 10 6...... 21425 94...... 21428, 25120 21425±21698...... 2 25119±25600...... 11 28...... 21033 98...... 25119, 26355 75...... 21034 113...... 24547 21699±21972...... 3 25601±25838...... 12 110...... 25119 Proposed Rules: 21973±22246...... 4 25839±25982...... 15 354...... 24535 50...... 26377 22247±22454...... 5 25983±26338...... 16 400...... 21035 51...... 26377 404...... 26669 77...... 26377 22455±24534...... 8 26339±26666...... 17 457...... 25601 78...... 26377 24535±24760...... 9 26667±26822...... 18 704...... 22456 92...... 25151 723...... 22458 98...... 25151 911...... 24537 101...... 26381 915...... 24537 112...... 24584 ii Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Reader Aids 113 ...... 24584, 26381, 26384 25871, 26384, 26385 134...... 21043 2200...... 21058 308...... 22311, 25869 91...... 25554 141...... 21043 310...... 22311, 25869 145...... 21043 30 CFR 15 CFR 318...... 22311, 25869 146...... 21043 906...... 25846 320...... 22311, 25869 730...... 25268 148...... 21043 935...... 25140, 25613 325...... 22311, 25869 732...... 25268 151...... 21043 944...... 21435 326...... 22311, 25869 734...... 25268 152...... 21043 Proposed Rules: 327...... 22311, 25869 736...... 25268 177...... 21043 250...... 25178 381...... 22311, 25869 738...... 25268 181...... 21043 931...... 22332 740...... 25268 191...... 21043 10 CFR 934...... 21484 742...... 25268 353...... 25130 935...... 25660 2...... 22461, 24549 744...... 25268 355...... 25130 946...... 25185 11...... 26355 746...... 25268 Proposed Rules: 950...... 26704 19...... 24549 748...... 25268 10...... 22312 20...... 24549, 25983 750...... 25268 12...... 22312 31 CFR 25...... 26355 752...... 25268 101...... 25176 247...... 25990 30...... 24549 754...... 25268 102...... 22312 32...... 24549 756...... 25268 134...... 22312 32 CFR 40...... 24549 758...... 25268 177...... 22312 706 ...... 22505, 22507, 22508, 50...... 24549 760...... 25268 162...... 21778 22509, 22510, 22511 51...... 22461, 24549 762...... 25268 Proposed Rules: 20 CFR 54...... 22461 764...... 25268 199...... 26705 60...... 24549 766...... 25268 217...... 21982 61...... 24549 768...... 25268 232...... 22261 33 CFR 70...... 24549 770...... 25268 344...... 22261 100...... 21982, 24557 71...... 24549 772...... 25268 625...... 25560 110...... 21983 72...... 24549 774...... 25268 641...... 26574 117...... 26686 73...... 24549 799...... 25480 Proposed Rules: 164...... 24767 74...... 24549 Proposed Rules: 416...... 26387 165 ...... 24557, 24558, 26687, 76...... 24549 292...... 25872 702...... 22537 26688 150...... 24549 16 CFR 703...... 22537 Proposed Rules: Proposed Rules: 84...... 24598 50...... 22010 Proposed Rules: 21 CFR 100...... 25187 73...... 24803 444...... 24805 5...... 24766 117 ...... 22014, 24599, 26710 12 CFR 17 CFR 172...... 21700 165...... 25189, 26012 178...... 22269 183...... 25191 25...... 22156 1...... 25988 520...... 26359 322...... 21061 203...... 22156, 22223 5...... 25988 522...... 26359 228...... 22156 31...... 25988 Proposed Rules: 34 CFR 265...... 22256 202...... 26604 173...... 21474 690...... 21438 308...... 24761 211...... 24968 310...... 21590 345...... 22156 228...... 26604 Proposed Rules: 500...... 24808 563e...... 22156 229...... 26604 200...... 21400 582...... 24808 707...... 21699, 25121 230...... 26604 201...... 21400 589...... 24808 Proposed Rule: 232...... 26604 203...... 21400 205...... 21400 Ch. 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102...... 21043 100...... 22269 22011, 22013, 24587, 24589, 111...... 21043 2619...... 25843 40 CFR 25869, 26003, 26005, 26007, 114...... 21043 2676...... 25843 9...... 25492, 26510 26697, 26700, 26702 123...... 21043 Proposed Rules: 52 ...... 21440, 21442, 21445, 71 ...... 21473, 21776, 24592, 128...... 21043 452...... 26388 21447, 21451, 21453, 21455, 24593, 24594, 24595, 25175, 132...... 21043 1926...... 22539 21456, 21702, 21703, 21706, Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Reader Aids iii 21707, 21713, 21717, 22240, 7139...... 22535 70...... 24748 49 CFR 22241, 22274, 22277, 22283, 7140...... 24560 71...... 24748 171...... 26796 22284, 22285, 22287, 22289, 7141...... 24792 72...... 24748 172...... 26796 22512, 22515, 22518 7142...... 25149 76...... 24748 173...... 26796 70...... 21720, 25143 Proposed Rules: 78...... 24748 178...... 26796 72...... 26510 11...... 24604 79...... 24748 219...... 24765 75...... 26510, 26560 90...... 24748 382...... 24765 80...... 21724 44 CFR 91...... 24748 390...... 26001 81 ...... 21456, 22289, 25146 64...... 21739 95...... 24748 552...... 26002 82 ...... 21682, 24676, 24970 65 ...... 26363, 26364, 26365, 97...... 24748 554...... 26002 131...... 22228, 22229 26367 99...... 24748 571...... 24562, 24797 180 ...... 24782, 24784, 24785, 67...... 26368 106...... 24748 573...... 26002 24788, 26360, 26361, 26626 Proposed Rules: 150...... 24748 576...... 26002 185...... 26361 67...... 26393 154...... 24748 577...... 26002 186...... 26361 174...... 24748 228...... 25147 654...... 24765 45 CFR 188...... 24748 821...... 25620 260...... 25492 189...... 24748 261...... 25492, 25619 96...... 21332 1002...... 22303 262...... 25492 205...... 26373 1011...... 22303 264...... 25492 224...... 26373 47 CFR 1160...... 22303 265...... 25492 233...... 26373 2...... 21048 1161...... 22303 266...... 25492 238...... 26373 15...... 21984 1162...... 22303 268...... 25492 239...... 26373 24...... 26375 1163...... 22303 270...... 25492 240...... 26373 73 ...... 22298, 22535, 22536, Proposed Rules: 271...... 22524, 24790 282...... 26373 25851, 25852 214...... 22542 273...... 25492 1010...... 26374 76...... 21464 383...... 24820 302...... 25619 1050...... 26374 90...... 21984, 21987 571...... 25880 721...... 26690 1060...... 26374 97...... 26000 1121...... 22035 1061...... 26374 Proposed Rules: Proposed Rules: 1064...... 26374 50 CFR 51...... 26710 25...... 24817 1067...... 26374 52 ...... 21487, 21488, 21489, 32...... 26402 217 ...... 21741, 25620, 26691 1068...... 26374 21490, 21780, 21781, 21783, 73 ...... 22021, 22022, 22541, 222...... 25620 1069...... 26374 22334, 22335, 22336, 22337, 24606, 25879, 26018, 26402, 227 ...... 21741, 25620, 26691 1070...... 26374 22540, 22541, 24813 26711, 26712 649...... 21994 1076...... 26374 70...... 26013 90...... 22023 651...... 21994 1397...... 26000 72...... 26559 95...... 25193 652...... 25853 75...... 26559 Proposed Rules: 97...... 25194, 25661 661...... 21746 81 ...... 21490, 22336, 22337 1385...... 26774 663...... 22303, 24572 1386...... 26774 672 ...... 24800, 25623, 26694 82...... 21490, 25010 48 CFR 156...... 21965 1387...... 26774 675 ...... 22306, 24800, 25149, 170 ...... 21944, 21948, 21953, 1388...... 26774 502...... 21467 26694, 26695 506...... 21467 676...... 22307 21955, 21960 46 CFR 180 ...... 21725, 21728, 21731, 513...... 21467 678...... 21468 21733, 21734, 21736, 21784 15...... 24763 552...... 21467 Proposed Rules: 185 ...... 21736, 21786, 24815 50...... 24767 926...... 22298 10...... 24686 186...... 24815 52...... 24767 952...... 22298 17 ...... 25882, 26712, 26713 228...... 25192 56...... 24767 970...... 22298 100...... 24601 300...... 21491, 21786 58...... 24767 1503...... 21993 216...... 22345 439...... 21592 61...... 24767 1505...... 21993 217...... 25663 111...... 24767 1513...... 21993 222...... 25663 41 CFR 381...... 24560 1514...... 21993 227...... 25663 201±23...... 22019 Proposed Rules: 1515...... 21993 285...... 25665 201±24...... 22019 25...... 24748 1522...... 21993 625...... 21491 28...... 24748 1525...... 21993 640...... 21493 42 CFR 30...... 24748 1542...... 21993 649...... 25194 2...... 22296 31...... 24748 1552...... 21993 650...... 25194 6...... 22530 35...... 24748 1852...... 22095 651...... 25194 406...... 22533 37...... 24748 5452...... 21992 659...... 26403 421...... 21048 40...... 24748 Proposed Rules: 671...... 22542, 25677 54...... 24748 32...... 25794 672...... 22542, 25677 43 CFR 55...... 24748 45...... 22442 673...... 24822 Public Land Orders: 56...... 24748 52...... 22442 675...... 22542, 25677 7138...... 21984 61...... 24748 219...... 22035 676...... 22542, 25677