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Briefing on How To Use the Federal Register For information on briefings in Washington, DC, and New Orleans, LA, see announcement on the inside cover of this issue. n Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991

THE FEDERAL REGISTER FEDERAL REGISTER Published daily, Monday through Friday, WHAT IT IS AND HOW TO USE IT (not published on Saturdays, Sundays, or on official holidays), by the Office of the Federal Register, National Archives and FOR: Any person who uses the Federal Register and Code of Records Administration, Washington, DC 20408, under the Federal Regulations. Federal Register Act (49 Stat 500, as amended; 44 U.S.C. Ch. 15) and the regulations of the Administrative Committee of the WHO: The Office of the Federal Register. Federal Register (1 CFR Ch. I). Distribution is made only by the WHAT: Free public briefings (approximately 3 hours) to present: Superintendent of Documents, U.S. Government Printing Office, 1. The regulatory process, with a focus on the Federal Washington, DC 20402. Register system and the public's role in the The Federal Register provides a uniform system for making development of regulations. available to the public regulations and legal notices issued by 2. The relationship between the Federal Register and Code Federal agencies. These include Presidential proclamations and of Federal Regulations. Executive Orders and Federal agency documents having general 3. The important elements of typical Federal Register applicability and legal effect, documents required to be documents. published by act of Congress and other Federal agency 4. An introduction to the finding aids of the FR/CFR documents of public interest. Documents are on file for public system. inspection in the Office of the Federal Register the day before WHY: To provide the public with access to Information they are published, unless earlier filing is requested by the necessary to research Federal agency regulations which issuing agency. directly affect them. There will be no discussion of The seal of the National Archives and Records Administration specific agency regulations. authenticates this issue of the Federal Register as the official serial publication established under the Federal Register Act 44 U.S.C. 1507 provides that the contents of the Federal Register WASHINGTON, DC shall be judicially noticed. WHEN: July 2, at 9:00 am The Federal Register will be furnished by mail to subscribers WHERE: Office of the Federal Register, for $340 per year in paper form; $195 per year in microfiche First Floor Conference Room, form; or $37,500 per year for the magnetic tape. Six-month 1100 L Street NW., Washington, DC subscriptions are also available at one-half the annual rate. The RESERVATIONS: 202-523-5240 charge for individual copies in paper or microfiche form is $1.50 for each issue, or $1.50 for each group of pages as actually bound, or $175.00 per magnetic tape. Remit check or money NEW ORLEANS, LA order, made payable to the Superintendent of Documents, U.S. WHEN: July 23, at 9:00 am •Government Printing Office, Washington, DC 20402, or charge to WHERE: Federal Building, 501 Magazine St., your GPO Deposit Account or VISA or Mastercard. Conference Room 1120, There are no restrictions on the republication of material New Orleans, LA appearing in the Federal Register. RESERVATIONS: Federal Information Center 1-800-360-2998 How To Cite This Publication: Use the volume number and the page number. Example: 50 FR 12345.

SUBSCRIPTIONS AND COPIES PUBLIC Subscriptions: Paper or fiche 202-783-3238 Magnetic tapes 275-0186 Problems with public subscriptions 275-3054 Single copies/back copies: Paper or fiche 783-3238 Magnetic tapes 275-0188 Problems with public single copies 275-3050 FEDERAL AGENCIES Subscriptions: Paper or fiche 523-5240 Magnetic tapes 275-0186 Problems with Federal agency subscriptions 523-5243 For other telephone numbers, see the Reader Aids section at the end of this issue. Contents Federal Register Vol. 56, No. 171 Monday, June 24, 1991

Agency for Toxic Substances and Disease Registry NOTICES NOTICES Floodplain and wetlands protection; environmental review Hazardous substances releases and facilities; health determinations; availability, etc.: assessments and effects: Hazelwood and Berkeley* MO, 28750 Quarterly listing, 28759 Natural gas exportation and importation: Phillips 66 Natural Gas Co. et al., 28756 Agricultural Marketing Service Utrade Gas Co., 28756 NOTICES Meetings: Environmental Protection Agency Burley Tobacco Advisory Committee, 28738 RULES Hazardous waste program authorizations: Agriculture Department Minnesota, 28709 See Agricultural Marketing Service; Animal and Plant PROPOSED RULES Health Inspection Service Superfund program: National oil and hazardous substances contingency Animal and Plant Health Inspection Service plan— NOTICES Lender liability, 28798 Environmental statements; availability, etc.: Genetically engineered organisms; field test permits— Executive Office of the President Com, etc., 28738 See Presidential Documents

Centers for Disease Control Federal Aviation Administration NOTICES RULES Meetings: Airworthiness directives: Hanford Thyroid Morbidity Study Advisory Committee, Aerospatiale, 28685, 28686 28759 (2 documents) Avco Lycoming, 28687 Coast Guard British Aerospace, 28688 RULES SAAB-Scania, 28689 Drawbridge operations: Control zones, 28690 Connecticut, 28708 PROPOSED RULES ' PROPOSED RULES Airworthiness directives: Drawbridge operations: Airbus Industrie, 28726 Massachusetts, 28733 Boeing, 28727 British Aerospace, 28728 Commerce Department Fokker, 28730 See Foreign-Trade Zones Board; International Trade Airworthiness standards: Administration; National Oceanic and Atmospheric Special conditions— Administration British Aerospace (Commercial Aircraft) Ltd. model 4100 series airplanes, 28723 Committee for the Implementation of Textile Agreements McDonnell Douglas DC-9 airplanes, 28720 notices Rulemaking petitions; summary and disposition, 28720 Textile and apparel categories: NOTICES Part-categories for cotton, wool, and man-made fiber Meetings: textile products produced or manufactured in various Air Traffic Procedures Advisory Committee, 28790 countries; classification numbers changes, 28744 Federal Communications Commission Consumer Product Safety Commission RULES notices Radio stations; table of assignments: Meetings; Sunshine Act, 28794 California, 28712 Television stations; table of assignments: Defense Department California, 28711 See also Navy Department PROPOSED RULES notices Radio services, special: Federal Acquisition Regulation (FAR): Radio frequency devices; auditory assistance devices; Electronic medium (CD-ROM) edition, 28744 frequency band expansion, 28735 Travel per diem rates, civilian personnel; changes, 28745 Federal Deposit Insurance Corporation Energy Department NOTICES See also Federal Energy Regulatory Commission Meetings; Sunshine Act, 28794 IV Federal Register / V oi 56, No. 121 / Monday, June 24, 1991 / Contents

Federal Energy Regulatory Commission General Services Administration NOTICES RULES Natural gas certificate filings: Federal travel: Distrigas of Massachusetts Corp. et ah, 28750 Senior Executive Service career appointees; limited Applications, hearings, determinations, etc.: relocation allowances for separation from Federal Àrida Energy Resources, 28754 service for retirement (“last move home”) (2 documents) Correction, 28796 Great Lakes Gas Transmission Limited Partnership, 28754, NOTICES 28755 Federal Acquisition Regulation (FAR): (2 documents) Electronic medium (CD-ROM) edition, 28744 Northern Natural Gas Co., 28755 United Gas Pipe Line Co., 28755 Health and Human Services Department See Agency for Toxic Substances and Disease Registry; Federal Maritime Commission Centers for Disease Control; Food and Drug NOTICES Administration; Health Care Financing Administration; Agreements filed, etc., 28757 Health Resources and Services Administration; Social (2 documents) Security Administration Investigations, hearings, petitions, etc.: Trailer Marine Transport Corp., 28757 Health Care Financing Administration NOTICES Federal Prison Industries, Inc. Privacy Act: NOTICES Systems of records, 28761 UNICOR; independent market study; briefing, 28769 Health Resources and Services Administration Federal Procurement Policy Office NOTICES NOTICES Acquisition regulations: Grants and cooperative agreements; availability, etc.: Cost Accounting Standards Board: coverage thresholds, Community scholarship program; health professional 28780 shortage areas, 28764

Federal Reserve System Housing and Urban Development Department RULES NOTICES Applications, hearings, determinations, etc.: Fair housing: Alpha Financial Group, Inc., et al., 28758 Accessibility guidelines Schultz, Jan, et al., 28758 Correction, 28703 United Security Bancorporation, 28758 Interior Department Fish and W ildlife Service See Fish and Wildlife Service; Land Management Bureau; RULES Minerals Management Service; Reclamation Bureau Endangered and threatened species: Uncompahgre fritillary butterfly, 28712 International Trade Administration PROPOSED RULES NOTICES Migratory bird hunting: Antidumping: National migratory bird harvest information program; Chrome-plated lug nuts from Taiwan, 28739 intention to establish, 28812 Countervailing duties: NOTICES Cotton shop towels from Pakistan, 28740 Endangered and threatened species: United States-Canada free-trade agreement* binational Recovery plans— panel reviews: Speckled pocketbook mussel, 28768 Fresh, chilled, and frozen pork from Canada, 28741, 28742 Environmental statements; availability, etc.: (3 documents) Truckee River reservoirs, CA and NV, 28767 Justice Department Food and Drug Administration See also Federal Prison Industries, Inc, NOTICES NOTICES Human drugs: Grants and cooperative agreements; availability, etc.: Patent extension; regulatory review period Immigration related employment discrimination; public determinations— education, 28769 Bepadin and Vascor, 28760 Meetings: Labor Department Advisory committees, panels, etc.; correction, 28796 See Pension and Welfare Benefits Administration Nutrition labeling; consumer research on alternative formats; report availability; correction. 28796 Land Management Bureau NOTICES Foreign-Trade Zones Board Environmental statements; availability, etc.: NOTICES Northeastern Nevada; Betze mining plan-of-development. Applications, hearings, determinations, etc.: 28766 Missouri et al.— Meetings: Kawasaki Motors Manufacturing Corp., U.S.A.; small Craig District Advisory Council, 28767 engine manufacturing plant, etc., 28739 Moab District Grazing Advisory Board, 28767 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Contents V

Roswell District Grazing Advisory Board, 28767 Postal Service Withdrawal and reservation of lands: n o t ic e s Utah; correction, 28796 Meetings; Sunshine Act, 28794

Management and Budget Office Presidential Documents See Federal Procurement Policy Office ADMINISTRATIVE ORDERS Refugee assistance; release of wheat reserve to African, Minerals Management Service Middle Eastern, and Asian refugees (Presidential NOTICES Determination No. 91-38 of May 31,1991), 28683 Meetings: Outer Continental Shelf Advisory Board, 28769 Public Health Service See Agency for Toxic Substances and Disease Registry; National Aeronautics and Space Administration Centers for Disease Control; Food and Drug NOTICES Administration; Health Resources and Services Federal Acquisition Regulation (FAR): Administration Electronic medium (CD-ROM) edition, 28744 Railroad Retirement Board RULES National Archives and Records Administration Railroad Retirement Act: NOTICES Annuity eligibility, 28691 Agency records schedules; availability, 28777 Railroad Unemployment Insurance Act: Daily benefit rates; determination, 28701 National Highway Traffic Safety Administration PROPOSED RULES NOTICES General administration: Motor vehicle safety standards; exemption petitons, etc.: Information disclosure; employee testimony, 28731 General Motors Corp., 28790 Railroad Retirement Act: Employer status and employee status; initial National Institute for Occupational Safety and Health determinations and appeals, 28732 See Centers for Disease Control Reclamation Bureau National Labor Relations Board NOTICES NOTICES Environmental statements; availability, etc.: Meetings; Sunshine Act, 28794 Truckee River reservoirs, CA and NV, 28767 (2 documents) Resolution Trust Corporation National Oceanic and Atmospheric Administration NOTICES RULES Meetings; Sunshine Act, 28794 Fishery conservation and management: Western Pacific— Securities and Exchange Commission Pelagic, 28718 NOTICES NOTICES Agency information collection activities under OMB review, Grants and cooperative agreements; availability, etc.: 28781 Dean John A. Knauss marine policy fellowship program, (3 documents) 28742 Self-regulatory organizations; proposed rule changes: Meetings: Participants Trust Co., 28783 New England Fishery Management Council, 28743 Self-regulatory organizations; unlisted trading privileges: Midwest Stock Exchange, Inc., 28782 Navy Department Pacific Stock Exchange, Inc., 28782 NOTICES Philadelphia Stock Exchange, Inc., 28784 Meetings: Applications, hearings, determinations, etc.: Naval Research Advisory Committee! 28750 Equitable Life Funding Corp., 28785 Public utility holding company filings, 28786 Nuclear Regulatory Commission notices Social Security Administration Meetings: NOTICES Social security rulings: Reactor Safeguards Advisory Commission, 28778 Disability benefits entitlement for months prior to January 1991 for widows, widowers, and surviving divorced Pension and Welfare Benefits Administration spouses claims; correction, 28796 notices Employee benefit plans; prohibited transaction exemptions: Textile Agreements Implementation Committee Equitable Life Assurance Society of United States, 28772 See Committee for the Implementation of Textile Agreements Postal Rate Commission notices Thrift Supervision Office Post office closings; petitions for appeal: NOTICES San Francisco, CA, 28780 Conservator appointments: Visits to facilities; cancelled, 28781 Dryades Savings & Loan Association, F.A., 28792 IV Federal Register / Voi. 56, No. 121 / Monday, June 24, 1991 / Contents

Federal Energy Regulatory Commission General Services Administration NOTICES RULES Natural gas certificate filings: Federal travel: Distrigas of Massachusetts Corp. et al., 28750 Senior Executive Service career appointees; limited Applications, hearings, determinations, etc.: relocation allowances for separation from Federal Arkla Energy Resources, 28754 service for retirement (“last move home”) (2 documents) Correction, 28796 Great Lakes Gas Transmission Limited Partnership, 28754, NOTICES 28755 Federal Acquisition Regulation (FAR): (2 documents) Electronic medium (CD-ROM) edition, 28744 Northern Natural Gas Co., 28755 United Gas Pipe Line Co., 28755 Health and Human Services Department See Agency for Toxic Substances and Disease Registry; Federal Maritime Commission Centers for Disease Control; Food and Drug NOTICES Administration; Health Care Financing Administration; Agreements filed, etc., 28757 Health Resources and Services Administration; Social (2 documents) Security Administration s Investigations, hearings, petitions, etc.: Trailer Marine Transport Corp., 28757 Health Care Financing Administration NOTICES Federal Prison Industries, Inc. Privacy Act: NOTICES Systems of records, 28761 UNICOR; independent market study; briefing, 28769 Health Resources and Services Administration Federal Procurement Policy Office NOTICES NOTICES Acquisition regulations: Grants and cooperative agreements; availability, etc.: Cost Accounting Standards Board; coverage thresholds, Community scholarship program; health professional 28780 shortage areas, 28764

Federal Reserve System Housing and Urban Development Department RULES NOTICES Applications, hearings, determinations, etc.: Fair housing: Alpha Financial Group, Inc., et al., 28758 Accessibility guidelines Schultz, Jan, et al., 28758 Correction, 28703 United Security Bancorporation, 28758 Interior Department Fish and W ildlife Service See Fish and Wildlife Service; Land Management Bureau; RULES Minerals Management Service; Reclamation Bureau Endangered and threatened species: Uncompahgre fritillary butterfly, 28712 international Trade Administration PROPOSED RULES NOTICES Migratory bird hunting: Antidumping: National migratory bird harvest information program; Chrome-plated lug nuts from Taiwan, 28739 intention to establish, 28812 Countervailing duties: NOTICES Cotton shop towels from Pakistan, 28740 Endangered and threatened species: United States-Canada free-trade agreement; binational Recovery plans— panel reviews: Speckled pooketbook mussel, 28768 Fresh, chilled, and frozen pork from Canada, 28741. 28742 Environmental statements; availability, etc.: (3 documents) Truckee River reservoirs, CA and NV, 28767 Justice Department Food and Drug Administration See also Federal Prison Industries, Inc. NOTICES NOTICES Human drugs: Grants and cooperative agreements; availability, etc.: Patent extension; regulatory review period Immigration related employment discrimination; public determinations— education, 28769 Bepadin and Vascor, 28780 Meetings: Labor Department Advisory committees, panels, etc.; correction, 28796 See Pension and Welfare Benefits Administration Nutrition labeling; consumer research on alternative formats; report availability; correction, 28796 Land Management Bureau NOTICES Foreign-Trade Zones Board Environmental statements; availability, etc.: NOTICES Northeastern Nevada; Betze mining plan-of-development, Applications, hearings, determinations, etc.: 28766 Missouri et al.— Meetings: Kawasaki Motors Manufacturing Corp., U.S.A.; small Craig District Advisory Council, 28767 engine manufacturing plant, etc., 28739 Moab District Grazing Advisory Board, 28767 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Contents V

Roswell District Grazing Advisory Board, 28767 Postal Service Withdrawal and reservation of lands: n o t ic e s Utah; correction, 28796 Meetings; Sunshine Act, 28794

Management and Budget Office Presidential Documents See Federal Procurement Policy Office ADMINISTRATIVE ORDERS Refugee assistance; release of wheat reserve to African, Minerals Management Service Middle Eastern, and Asian refugees (Presidential NOTICES Determination No. 91-38 of May 31,1991), 28683 Meetings: Outer Continental Shelf Advisory Board, 28769 Public Health Service See Agency for Toxic Substances and Disease Registry; National Aeronautics and Space Administration Centers for Disease Control; Food and Drug NOTICES Administration; Health Resources and Services Federal Acquisition Regulation (FAR): Administration Electronic medium (CD-ROM) edition, 28744 Railroad Retirement Board RULES National Archives and Records Administration Railroad Retirement Act: NOTICES Annuity eligibility, 28691 Agency records schedules; availability, 28777 Railroad Unemployment Insurance Act: Daily benefit rates; determination, 28701 National Highway Traffic Safety Administration PROPOSED RULES NOTICES General administration: Motor vehicle safety standards; exemption petitons, etc.: Information disclosure; employee testimony, 28731 General Motors Corp., 28790 Railroad Retirement Act: Employer status and employee status; initial National Institute for Occupational Safety and Health determinations and appeals, 28732 See Centers for Disease Control Reclamation Bureau National Labor Relations Board NOTICES NOTICES Environmental statements; availability, etc.: Meetings; Sunshine Act, 28794 Truckee River reservoirs, CA and NV, 28767 (2 documents) Resolution Trust Corporation National Oceanic and Atmospheric Administration NOTICES RULES Meetings; Sunshine Act, 28794 Fishery conservation and management: Western Pacific— Securities and Exchange Commission Pelagic, 28718 NOTICES NOTICES Agency information collection activities under OMB review, Grants and cooperative agreements; availability, etc.: 28781 Dean John A. Knauss marine policy fellowship program, (3 documents) 28742 Self-regulatory organizations; proposed rule changes: Meetings: Participants Trust Co., 28783 New England Fishery Management Council, 28743 Self-regulatory organizations; unlisted trading privileges: Midwest Stock Exchange, Inc., 28782 Navy Department Pacific Stock Exchange, Inc., 28782 NOTICES Philadelphia Stock Exchange, Inc., 28784 Meetings: Applications, hearings, determinations, etc.: Naval Research Advisory Committee, 28750 Equitable Life Funding Corp., 28785 Public utility holding company filings, 28786 Nuclear Regulatory Commission Social Security Administration NOTICES Meetings: NOTICES Social security rulings: Reactor Safeguards Advisory Commission, 28778 Disability benefits entitlement for months prior to January 1991 for widows, widowers, and surviving divorced Pension and Welfare Benefits Administration spouses claims; correction, 28796 notices Employee benefit plans; prohibited transaction exemptions: Textile Agreements Implementation Committee Equitable Life Assurance Society of United States, 28772 See Committee for the Implementation of Textile Agreements Postal Rate Commission notices Thrift Supervision Office Post office closings; petitions for appeal: NOTICES San Francisco, CA, 28780 Conservator appointments: Visits to facilities; cancelled, 28781 Dryades Savings & Loan Association, F.A., 28792 VI Federal Register / Vol. 56, No. 121 / M onday, June 24, 1991 / Contents

First Commerce Savings Bank, FSB, 28792 CFR PARTS AFFECTED IN THIS ISSUE Springfield Federal Savings Association, 28792 Receiver appointments: A cumulative list of the parts affected this month can be found in Atlanta Federal Savings Association et al., 28792 the Reader Aids section at the end of this issue. Dryades Savings & Loan Association, 28792 First Commerce Bank, A Federal Savings Bank, 28792 3 CFR Guaranty Savings Bank, F.S.B., 28792 Administrative Orders Springfield Federal Savings & Loan Association, 28792 Presidential Determinations: No. 91-38...... 28683 Toxic Substances and Disease Registry Agency 14 C F R See Agency for Toxic Substances and Disease Registry 39 (5 documents) ..28685- 28689 71...... 28690 Transportation Department Proposed Rules: See also Coast Guard; Federal Aviation Administration; Ch. 1...... 28720 National Highway Traffic Safety Administration 21 (2 documents)...... 28720, NOTICES 28723 Aviation proceedings: 25 (2 documents)...... 28720, Agreements filed; weekly receipts, 28788 28723 39 (4 documents)...._... 28726- Certificates of public convenience and necessity and 28730 foreign air carrier permits; weekly applications, 28789 20 C F R Standard foreign fare level— 216...... 28691 Index adjustment factors, 28789 330...... 28701 Proposed Rules: Treasury Department 200...... 28731 See Thrift Supervision Office 259.______....___ 28732 24 C F R Veterans Affairs Department Ch. 1...... 28703 NOTICES 33 C F R Meetings: 117...... 28708 Special Medical Advisory Group, 28793 Proposed Rules: 117...... 28733 40 C F R 271...... 28709 Separate Parts In This Issue Proposed Rules: 300.... „2 87 9 8 P art II 41 C F R Environmental Protection Agency, 28798 3 0 2 -1 ...... 28796 47 C F R P a rt III 73 (2 documents)...... 28711, Department of the Interior, Fish and Wildlife Service, 28812 28712 Proposed Rules: 15 ...... 28735 Reader Aids 50 C F R Additional information, including a list of public 17...... 28712 laws, telephone numbers, and finding aids, appears 685...... 28718 in the Reader Aids section at the end of this issue. Proposed Rules: 20______28812 28683 Federal Register Presidential Documents Vol. 56, No. 121 Monday, June 24, 1991

Title 3— Presidential Determination No. 91-38 of May 31, 1991 The President Food Security Wheat Reserve Release

Memorandum for the Secretary of Agriculture

By virtue of the authority vested in me as President by the Food Security Wheat Reserve Act of 1980 (the “Act”) (7 U.S.C. 1736f-l), I hereby authorize the release in fiscal year 1991 of up to 300,000 metric tons of w heat from the reserve established under the Act (the “reserve”) for use under Title II of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1691 e t se q .), to meet relief needs that exist in developing countries of the Middle East, Africa, and Asia, which I hereby determine are suffering major disasters. The wheat will be used to provide urgent humanitarian relief to the peoples in the Middle East, Africa, and Asia who are suffering wide­ spread hunger and malnutrition. This action is taken because wheat needed for relief in these regions cannot be programmed for such purpose in a timely manner under the normal means of obtaining commodities for food assistance due to circumstances of unantici­ pated and exceptional need. You are authorized and directed to publish this determination in the Federal Register.

THE WHITE HOUSE, Washington, M ay 31, 1991. [FR Doc. 91-15105 Filed 6-20-91; 3:46 pm] Billing code 3195-01-M

28685 Rules and Regulations Federal Register Vol. 56, No. 121 Monday, )une 24, 1991

This section Of the FEDERAL REGISTER ATR72 series airplanes, which requires For the reasons discussed above. I contains regulatory documents having modification of the nose landing gear certify that this action: (1) Is not a general applicability and legal effect, most steering selector valve, was published in “major rule” under Executive Order of which are keyed to and codified in the Federal Register on March 21,1991 12291; (2) is not a "significant rule” the Code of Federal Regulations, which is (56 FR11971). under DOT Regulatory Policies and published under 50 titles pursuant to 44 Procedures (44 FR 11034, February 26, U.S.C. 1510. Interested persons have been afforded The Code of Federal Regulations is sold an opportunity to participate in the 1979); and (3) will not have a significant by the Superintendent of Documents. making of this amendment. No economic impact, positive or negative, Prices of new books are listed in the comments were received in response to on a substantial number of small entities first FEDERAL REGISTER issue of each the proposal. under the criteria of the Regulatory week. Since issuance of the Notice, Flexibility Act. A final evaluation has Aerospatiale has issued Revision 2 to been prepared for this action and is Service Bulletin ATR42-32-0025, dated contained in the Rules Docket. A copy of DEPARTMENT OF TRANSPORTATION January 30,1991, which changes the it may be obtained from the Rules Federal Aviation Administration “Compliance” noted in the service Docket. bulletin from “Recommended” to List of Subjects in 14 CFR Part 39 14 C FR P art 39 “Mandatory.” The FAA has revised the final rule to reflect this latest revision to Air transportation, Aircraft, Aviation [Docket No. 91-NM-39-AD; Arndt 39-7047; the service bulletin as an additional safety, Safety. AD 91-14-06] service information source. Adoption of the Amendment The economic analysis paragraph, Airworthiness Directives; Aerospatiale below, has been revised to increase the Accordingly, pursuant to the authority Model ATR42 and ATR72 Series specified hourly labor rate from $40 per delegated to me by the Administrator, Airplanes manhour (as was cited in the preamble the Federal Aviation Administration agency: Federal Aviation to the Notice) to $55 per manhour. The amends 14 CFR part 39 of the Federal Administration (FAA), DOT. FAA has determined that it is necessary Aviation Regulations as follows: to increase this rate used in calculating action: Final rule. the cost impact associated with AD PART 39—[AMENDED] s u m m a r y : This amendment adopts a activity to account for various new airworthiness directive (AD), inflationary costs in the airline industry. 1. The authority citation for part 39 applicable to certain Aerospatiale After careful review of the available continues to read as follows: Model ATR42 and ATR72 series data, the FAA has determined that air Authority: 49 U.S.C. 1354(a), 1421 and 1423; airplanes, which requires modification safety and the public interest require the 49 U.S.C. 106(g) (Revised Pub. L. 97-449, of the nose landing gear steering adoption of the rule as proposed with January 12,1983); and 14 CFR 11.89. selector valve. This amendment is the changes previously described. The § 39.13 [Amended] prompted by a report of water FAA has determined that these changes accumulating and freezing in the will neither significantly increase the 2. Section 39.13 is amended by adding selector valve. This condition, if not economic burden on any operator, nor the following new airworthiness corrected, could result in loss of nose increase the scope of the AD. directive: wheel steering. It is estimated that 58 airplanes of U.S. 91-14-06. Aerospatiale: Amendment 39-7047. registry would be affected by this AD, e f f e c t i v e d a t e : July 29,1991. Docket No. 91-NM-39-AD. that it would take approximately 9 a d d r e s s e s : The applicable service Applicability: Model ATR42 series manhours per airplane to accomplish the airplanes, Serial Numbers 3 through 157; and information may be obtained from required actions, and that the average Aerospatiale, 316 Route de Bayonne, ATTR72 series airplanes, Serial Numbers 126 labor cost would be $55 per manhour. through 150; certificated in any category. 31060 Toulouse, Cedex 03, France, This The required parts will be supplied to information may be examined at the Compliance: Required within 180 days after the operators at no cost. Based on these the effective date of this AD, unless FAA, Northwest Mountain Region, figures, the total cost impact of the AD previously accomplished. Transport Airplane Directorate, 1601 on U.S operators is estimated to be To prevent loss of nose wheel steering, Lind Avenue SW., Renton, Washington. $28,710. accomplish the following: fo r f u r t h e r information c o n t a c t : The regulations adopted herein will A. Modify the nose landing gear steering Mr. Robert McCracken, Flight Test and not have substantial direct effects on the selector valve in accordance with Messier- Systems Branch, ANM-111; telephone States, on the relationship between the Hispano-Bugatti Service Bulletin 631-32-036, (206) 227-2118. Mailing address: FAA, national government and the States, or Revision 1, dated May 14,1990; and Northwest Mountain Region, Transport Aerospatiale Service Bulletin ATR42-32- on the distribution of power and 0025, Revision 1 dated January 15,1990, or Airplane Directorate, 1601 Lind Avenue responsibilities among the various levels SW., Renton, Washington 98055-4056. Revision 2, dated January 30 1991, or of government. Therefore, in accordance Aerospatiale Service Bulletin ATR72-32- SUPPLEMENTARY INFORMATION: A with Executive Order 12612, it is 1001, dated April 25,1990 as applicable. proposal to amend part 39 of the Federal determined that this final rule does not B. An alternative method of compliance or Aviation Regulations to include a new have sufficient federalism implications adjustment of the compliance time, which airworthiness directive, applicable to to warrant the preparation of a provides an acceptable level of safety, may certain Aerospatiale Model ATR42 and Federalism Assessment. be used when approved by the Manager, 28686 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 I Rules and Regulations

Standardization Branch, ANM-113, FAA, Mountain Region, Transport Airplane economic impact, positive or negative, Transport Airplane Directorate. Directorate, 1601 Lind Avenue SW., on a substantial number of small entities Note: The request should be forwarded Renton, Washington 98055-4056. under the criteria of the Regulatory through an FAA Principal Maintenance SUPPLEMENTARY INFORMATION: A Flexibility Act, A final evaluation has Inspector (PI), who may concur or comment proposal to amend part 39 of the Federal been prepared for this action and is and then send it to the Manager, contained in the Rules Docket. A copy of Standardization Branch, ANM-113. Aviation Regulations to include a new it may be obtained from the Rules C. Special flight permits may be issued in airworthiness directive, applicable to accordance with FAR 21.197 and 21.199 to certain Aerospatiale Model SN 601 Docket. Corvette series airplanes, which operate airplanes to a base in order to List of Subjects in 14 CFR Part 39 comply with the requirements of this AD. requires replacement of the fuel heater AIL persons affected by this directive who thermostatic element, was published in Air transportation. Aircraft, Aviation have not already received the appropriate the Federal Register on March 20,1991 safety, Safety. service documents from the manufacturer (56 FR 11704). may obtain copies upon request to Interested persons have been afforded Adoption of the Amendment Aerospatiale, 316 Rue de Bayonne, 31060 an opportunity to participate in the Toulouse, Cedex 03, France. Accordingly, pursuant to the authority These documents may be examined at the making of this amendment. No delegated to me by the Administrator, FAA, Northwest Mountain Region, Transport comments were received in response to the Federal Aviation Administration Airplane Directorate, 1601 Lind Avenue SW., the proposal. amends 14 CFR part 39 of the Federal Renton, Washington. The economic analysis paragraph, Aviation Regulations as follows: This amendment (39-7047, AD 91-14-06) below, has been revised to increase the becomes effective July 29,1991. specified hourly labor rate from $40 per PART 39—{AMENDED] Issued in Renton, Washington, on Juné 13, manhour (as was cited in the preamble 1991. to the Notice) to $55 per manhour. The 1. The authority citation for part 39 Darrell M. Pederson, FAA has determined that it is necessary continues to read as follows: Acting Manager, Transport Airplane to increase this rate used in calculating Authority: 49 U.S.C. 1354(a), 1421 and 1423; Directorate, Aircraft Certification Service, the cost impact associated with AD 49 U.S.C. 106(g) (Revised Pub. L. 97-449, (FR Doc. 91-14951 Filed 6-21-91; 8:45 am] activity to account for various January 12,1983); and 14 CFR 11,89. BILUNG CODE 4910-13-M inflationary costs in the airline industry. § 39.13 [Amended] The FAA has determined that this change will neither significantly 2. Section 39.13 is amended by adding 14 C F R P a rt 39 increase the economic burden on any the following new airworthiness directive: [Docket No. 91-NM-51-AD; Arndt 39-7049; operator, nor increase the scope of the AD 91-14-08] AD. 91-14-08. Aerospatiale: Amendment 39-7049. After careful review of the available Docket No. 91—NM-51-AD. Airworthiness Directives; Aerospatiale data, the FAA has determined that air Applicability: Model SN 601 Corvette Model SN 601 Corvette Series safety and the public interest require the series airplanes, which have incorporated Airplanes With Modification 1390 adoption of the rule as proposed. Modification 1390, certificated in any It is estimated that 1 airplane of U.S. category. AGENCY: Federal Aviation registry will be affected by this AD, that Compliance: Required within 100 landings Administration (FAA), DOT. it will take approximately 3 manhours after the effective date of this AD, unless a c t i o n : Final rule. per airplane to accomplish the required previously accomplished. actions, and that the average labor cost To prevent ice formation in the fuel line s u m m a r y : This amendment adopts a and subsequent loss of engine power, new airworthiness directive (AD), will be $55 per manhour. The required parts will be supplied by the accomplish the following: applicable to certain Aerospatiale A. Remove the existing thermostatic Model SN 601 Corvette series airplanes, manufacturer to the operators at no cost. Based on these figures, the total cost element, Part Number 9914, and install which requires replacement of the fuel thermostatic element Part Number 5497-1, in heater thermostatic element. This impact of the AD on U.S. operators is estimated to be $165. accordance with Aerospatiale Corvette amendment is prompted by reports that Service Bulletin 73-3, Revision 1, dated July the existing thermostat does not provide The regulations adopted herein will not have substantial direct effects on the 30,1990. adequate fuel icing protection. This B. An alternative method of compliance or condition, if not corrected, could result States, on the relationship between the national government and the States, or adjustment of the compliance time, which in ice formation in the fuel line and provides an acceptable level of safety, may subsequent loss of engine power. on the distribution of power and responsibilities among the various levels be used when approved by the Manager, EFFECTIVE DATE: July 29,1991. of government. Therefore, in accordance Standardization Branch, ANM-113, FAA, ADDRESSES: The applicable service with Executive Order 12612, it is Transport Airplane Directorate. information may be obtained from determined that this final rule does not Note: The request should be forwarded Aerospatiale, 316 Route de Bayonne, have sufficient federalism implications through an FAA Principal Maintenance 31060 Toulouse, Cedex 03, France. This to warrant the preparation of a Inspector, who may concur or comment and information may be examined at the Federalism Assessment. then send it to the Manager, Standardization FAA, Northwest Mountain Region, For the reasons discussed above, I Branch, ANM-113. Transport Airplane Directorate, 1601 certify that this action: (1) Is not a a Special flight permits may be issued in Lind Avenue SW., Renton, Washington. “major rule” under Executive Order accordance with FAR 21.197 and 21.199 to FOR FURTHER INFORMATION CONTACT*. 12291; (2) is not a “significant rule" operate airplanes to a base in order to Mr. Woodford Boyce, Standardization under DOT Regulatory Policies and comply with the requirements of this AD. Branch, ANM-113; telephone (206) 227- Procedures (44 FR 11034, February 26, This amendment (39-7049, AD 91-14-08) 2137. Mailing address: FAA, Northwest 1979); and (3) will not have a significant becomes effective July 29,1991. Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations 28687

Issued in Renton, Washington, on June 13, New Er gland Executive Park, the AD may be changed in light of the 1991. Burlingt on, Massachusetts 01803-5299; comments received. Darrell M. Pederson, telepho ie (617) 273-7087. The regulations adopted herein will Acting Manager, Transport Airplane SUPPLE) ÜENTARY INFORMATION: There not have substantial direct effects on the Directorate, Aircraft Certification Service. have b( en five reports of fatigue States, on the relationship between the [FR Doc. 91-14949 Filed 6-21-91; 8:45 am] cracking in the bores of third stage HC national government and the States, or BILLING CODE 4910-13-M rotor d.sks originating from pitting on the distribution of power and caused by corrosion. All cracks were responsibilities among the various levels found Oy visual inspection during of government. Therefore, in accordance 14 C FR P a rt 39 scheduled shop visits. This AD requires with Executive Order 12612, it is [Docket No. 91-ANE-09; Arndt 39-6955] a one-time inspection of the third stage determined that this final rule does not HC rotor disk bore for evidence of have sufficient federalism implications Airworthiness Directives; Avco corrosion or cracking. Disks found with to warrant the preparation of a Lycoming ALF 502L Series Turbofan evidence of corrosion pitting or Cracks Federalism Assessment. Engines are to be removed from service prior to The FAA has determined that this further flight. Disks found serviceable regulation is an emergency regulation a g e n c y : Federal Aviation are to be coated with “Sermetel W” or Administration (FAA), DOT. and that it is not considered to be major “ALSEAL-518” surface finish and under Executive Order 12291. It is a ctio n : Final rule, request for reidentified. This condition, if not comments. impracticable for the agency to follow corrected, could result in complete loss the procedures of Executive Order 12291 of engine power, uncontained disk s u m m a r y : This amendment adopts a with respect to this rule since the rule new airworthiness directive (AD), failure, and possible damage to the must be issued immediately to correct applicable to Avco Lycoming ALF 502L aircraft. an unsafe condition in aircraft. It has series turbofan engines, which requires Since this condition is likely to exist been determined further that this action a one-time inspection of the third stage or develop on other engines of the same involves an emergency regulation under high compressor (HC) rotor disk bore for type design, this AD requires a one-time DOT Regulatory Policies and Procedures evidence of corrosion or cracking and inspection of the third stage HC rotor (44 FR 11034, February 26,1979). If it is the application of protective coatings. disk bore for corrosion or cracking, and determined that this emergency This amendment is prompted by reports the application of certain protective regulation otherwise would be of fatigue cracking of the third stage HC coatings in accordance with Textron significant under DOT Regulatory disk. This condition, if not corrected, Lycoming Service Bulletin ALF 502L 72- Policies and Procedures, a final could result in complete loss of engine 203, Revision 3, dated December 7,1990. regulatory evaluation will be prepared power, uncontained disk failure, and Since this condition could result in and placed in the Rules Docket possible damage to the aircraft. complete loss of engine power, (otherwise, an evaluation is not uncontained disk failure, and possible DATES: Effective July 15,1991. required). A copy of it, if filed, may be damage to the aircraft, there is a need to obtained from the Rules Docket. Comments must be received no later minimize the exposure of revenue than July 15,1991. service aircraft to this failure mode. List of Subjects in 14 CFR Part 39 The incorporation by reference of Therefore, safety in air transportation Air transportation, Aircraft, Aviation certain publications listed in the requires adoption of this regulation regulation is approved by the Director of safety, Safety, and Incorporation by without prior notice and public reference. the Federal Register as of July 15,1991. comment. In addition, based on the ADDRESSES: Submit comments in above and the urgent need to inspect Adoption of the Amendment duplicate to the FAA, New England certain third state HC rotor disks for Accordingly, pursuant to the authority Region, Office of the Assistant Chief which the total number of cycles in Counsel, Attention: Rules Docket No. delegated to me by the Administrator, service are unknown, immediate the Federal Aviation Administration 91-ANE-09,12 New England Executive adoption of this regulation is necessary. (FAA) amends 14 CFR part 39 of the Park, Burlington, Massachusetts 01803- Therefore, it is found that notice and 5299, or deliver in duplicate to room 311 Federal Aviation Regulation (FAR) as public procedure are impracticable, and follows: at the above address/ good cause exists for making this Comments may be inspected at the amendment effective in less than 30 PART 39—1 AMENDED] above location between the hours of 8 days. a.m. and 4:30 p.m., Monday through Although this action is in the form of a 1. The authority citation for part 39 Friday, except federal holidays. final rule, which involves an emergency continues to read as follows: The applicable service information and, thus, was not preceded by notice Authority: 49 U.S.C. 1354(a), 1421 and 1423; may be obtained from Textron and public procedure, interested persons 49 U.S.C. 106(g) (Revised Pub. L. 97-449, Lycoming, 550 Main Street, Stratford, are invited to submit such written data, January 12,1983); and 14 CFR 11.89. Connecticut 06497. This information may views, or arguments as they may desire be examined at the FAA, New England regarding this AD. Communications §39.13 [Amended] Region, Office of the Assistant Chief should identify the docket number and 2. Section 39.13 is amended by adding Counsel, room 311,12 New England be submitted to the FAA, New England the following new airworthiness Executive Park, Burlington, Region, Office of the Assistant Chief directive (AD): Massachusetts. Counsel, Attention: Rules Docket No. 91-14-65 Avco Lycoming: Amendment 39- POR FURTHER INFORMATION CONTACT: 91-ANE-09,12 New England Executive 6955. Docket No. 91-ANE-09. Karen M. Grant, Engine Certification Park, Burlington, Massachusetts 01803- Applicability: Avco Lycoming ALF 502L Office, ANE-140, Engine and Propeller 5299. All communications received by series turbofan engines installed on, but not Directorate, Aircraft Certification the deadline date indicated above will limited to the Canadair Challenger CL601 Service, FAA, New England Region, 12 be considered by the Administrator, and aircraft. 28688 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations

Compliance required as indicated, unless the effective date of this AD, within the next Airworthiness Inspector, an alternate method previously accomplished. 500 cycles in service, not to exceed 8,500 of compliance with the requirements of this To prevent complete loss of engine power, CSN. AD or adjustments to the compliance times uncontained disk failure, and possible (2) For those third stage HC disks with less specified in this AD may be approved by the damage to the aircraft, accomplish the than 7,000 CSN on the effective date of this Manager, Engine Certification Office, Engine following: AD, at or prior to accumulating a total of and Propeller Directorate, Aircraft (a) Clean, visually inspect, coat with 7,500 CSN. “Sermetel W" or “ALSEAL-518” and (b) Remove, prior to further flight, third Certification Service, FAA, New England reidentify third stage high compressor (HC) stage HC disks found with evidence of Region, 12 New England Executive Park, rotor disks in accordance with Textron corrosion pitting or cracks. Burlington, Massachusetts 01803-5299. Lycoming Service Bulletin (SB) ALF 502L 72- (c) Aircraft may be ferried in accordance The inspection procedures shall be done in 203, Revision 3, dated December 7,1990, as with the provisions of FAR 21.197 and 21.199 accordance with the following Textron follows: to a base where the AD can be accomplished. Lycoming service bulletin: (1) For those third stage HC disks with (d) Upon submission of substantiating data 7,000 cycles since new (CSN) or greater on by an owner or operator through an FAA

Document No. Issue/ Page No. Revision Date

ALF 502L 72-203...... 1, 2, 4..._____ 3 December 7, 1990. ALF 5Q2L 72-203___ . _____ ...... 3 6 2 August 8,1990. ALF 502L 72-203___ ...... 5 __ _ ... 1 June 16, 1990.

This incorporation by reference was on an earth stud at the rear of the British Aerospace Service Bulletin 24-60, approved by the Director of the Federal avionics rack. This condition, if not dated May 31,1990. The commenter Register in accordance with 5 U.S.C. 552(a) corrected, could result in failure or and 1 CFR part 51. Copies may be obtained stated that information horn the from Textron Lycoming, 550 Main Street, improper functioning of the wing flap, manufacturer indicated the abnormality Stratford, Connecticut 06497. Copies may be landing gear anti-skid, and turbine addressed in the proposed rule was inspected at the FAA, New England Region, vibration indication systems. confined to early airplanes, prior to Office of the Assistant Chief Counsel 12 New EFFECTIVE DATE: July 29, 1991. delivery to operators, and was corrected England Executive Park, Burlington, ADORESSES: The applicable service on later deliveries. The FAA concurs. Massachusetts, or at the Office of the Federal information may be obtained from The final rule has been revised so that it Register, 1100 L Street, NW., room 8401 Washington, DC. British Aerospace, PLC, Librarian for is applicable only to those airplanes This amendment (39-8599, AD 91-14-05} Service Bulletins, P.O. Box 17414, Dulles listed in the aforementioned service becomes effective July 15,1991. International Airport Washington, DC bulletin. Issued in Burlington, Massachusetts, on 20041. This information may be Paragraph B. of the final rule has been June 12,1991. examined at the FAA, Northwest revised to specify the current procedure Jack A. Sain, Mountain Region, Transport Airplane for submitting requests for approval of Directorate, 1601 Lind Avenue SW., alternative methods of compliance. Manager, Engine and Propeller Directorate, Renton, Washington. Aircraft Certification Service. The economic analysis paragraph, [FR Doc. 91-14950 Filed 6-21-91; 8:45 am] FOR FURTHER INFORMATION CONTACT: below, has been revised to increase the Mr. William Schroeder, Standardization BILUNG CODE 4910-13-M specified hourly labor rate from $40 per Branch, ANM-113, telephone (206) 227- manhour (as was cited in the preamble 2148. Mailing address: FAA, Northwest to the Notice) to $55 per manhour. The 14 CFR Part 39 Mountain Region, Transport Airplane Directorate, 1601 Lind Avenue SW., FAA has determined that it is necessary to increase this rate used in calculating [Docket No. 90-NM-271-AD; Arndt. 39- Renton, Washington 98055-4056. 7046; AD 91-14-04] the cost impact associated with AD SUPPLEMENTARY INFORMATION: A activity to account for various proposal to amend part 39 of the Federal inflationary costs in the airline industry. Airworthiness Directives; British Aviation Regulations to include a new Aerospace Model BAe 146-100A and airworthiness directive, applicable to After careful review of the available 146-200A Series Airplanes certain British Aerospace Model 146- data, the FAA has determined that air safety and the public interest require the AGENCY: Federal Aviation 100A and 146-200A series airplanes, Administration (FAA), DOT. which requires visual inspections to adoption of the rule as proposed with the changes previously described. The ACTION: Final rule. detect incorrect positioning of the earth stud on the avionics rack at Frame 17 FAA has determined that these changes Su m m a r y : This amendment adopts a and chafing damage to adjacent wiring will neither significantly increase the new airworthiness directive (AD), harnesses, and repair, if necessary, was economic burden on any operator, nor applicable to certain British Aerospace published in the Federal Register on increase the scope of the AD. Model BAe 146-100A and 148-200A February 11,1991 (56 FR 5371). It is estimated that 25 airplanes of U.S. series airplanes, which requires visual Interested persons have been afforded registry will be affected by this AD, that inspections to detect incorrect an opportunity to participate in the it will take approximately 1 manhour positioning' of the earth stud on the making of this amendment. Due per airplane to accomplish the required avionics rack at Frame 17 and chafing consideration has been given to the actions, and that the average labor cost damage to adjacent wiring harnesses, single comment received. will be $55 per manhour. Based on these and repair, if necessary. This The commenter objected to the figures, the total cost impact of the AD amendment is prompted by a recent applicability of the proposed rule, which on U.S. operators is estimated to be report of chafing of the wiring harness extend beyond those airplanes listed in $1,375. Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations 28689

The regulations adopted herein will further flight; perform a visual inspection of SUMMARY: This amendment supersedes not have substantial direct effects on the the adjacent wiring harnesses for chafing an existing airworthiness directive (AD), States, on the relationship between the damage, and reclip any harnesses to ensure applicable to SAAB-Scania Model SF- national government and the States, or adequate clearance between the wire 340A and SAAB 340B series airplanes, harnesses and the earth stud, in accordance on the distribution of power and with the service bulletin. Repair or replace which currently requires repetitive responsibilities among the various levels any damaged wires prior to further flight inspections to detect cracks in the of government. Therefore, in accordance 2. If the earth stud is not positioned vertical stabilizer top closure rib, and with Executive Order 12612, it is approximately 33.0 inches from the airplane's repair, if necessary. This action will determined that this final rule does not center line, prior to further flight, accomplish require either the installation of a new have sufficient federalism implications the following: thicker rib with a larger radius, or to warrant the preparation of a a. Perfrom an inspection of the adjacent reinforcement of the old rib and Federalism Assessment. wiring harnesses for signs of chafing damage, replacement of the attachment angle. For the reasons discussed above, I and, if damage is found, repair or replace any Accomplishment of either of these certify that this action: (1) Is not a damaged wires prior to further flight in actions terminates the current “major rule” under Executive Order accordance with the service bulletin. b. Remove the existing earth stud and requirement for the repetitive 12291; (2) is not a “significant rule” install a new earth stud having the same part inspections. This amendment is under DOT Regulatory Policies and number in accordance with Figure 1 of the prompted by continued reports of Procedures (44 FR11034, February 28, service bulletin. fatigue cracking in the vertical stabilizer 1979); and (3) will not have a significant c. Move and resecure any wiring harnesses top closure rib. This condition, if not economic impact, positive or negative, that may contact the earth stud, in corrected, could result in jamming of the on a substantial number of small entities accordance with the service bulletin. rudder. under the criteria of the Regulatory B. An alternative method of compliance or EFFECTIVE DATE: July 29,1991. Flexibility Act. A final evaluation has adjustment of the compliance time, which been prepared for this action and is provides an acceptable level of safety, may ADDRESSES: The applicable service contained in the Rules Docket. A copy of be used when approved by the Manager, information may be obtained from Standardization Branch, ANM-113, FAA, SAAB-Scania AB, Product Support, S- it may be obtained from the Rules Transport Airplane Directorate. Docket. 581.88, Linköping, Sweden. This Note: The request should be forwarded information may be examined at the List of Subjects in 14 CFR Part 39 through an FAA Principal Avionics Inspector, who may concur or comment and then send it FAA, Northwest Mountain Region, Air transportation, Aircraft, Aviation to the Manager, Standardization Branch, Transport Airplane Directorate, 1601 safety, Safety. ANM-113. Lind Avenue SW., Renton, Washington. C. Special flight permits may be issued in FOR FURTHER INFORMATION CONTACT: Adoption of the Amendment accordance with FAR 21.197 and 21.199 to Mr. Mark Quam, Standardization Accordingly, pursuant to the authority operate airplanes to a base in order to Branch, ANM-113; telephone (206) 227- delegated to me by the Administrator, comply with the requirements of this AD. 2145. Mailing address: FAA, Northwest the Federal Aviation Administration All persons affected by this directive who Mountain Region, Transport Airplane have not already received the appropriate amends 14 CFR part 39 of the Federal service information from the manufacturer Directorate, 1601 Lind Avenue SW., Aviation Regulations as follows: may obtain copies upon request to British Renton, Washingtoh 98055-4056. Aerospace, PLC, Librarian for Service SUPPLEMENTARY INFORMATION: A PART 39—[AMENDED] Bulletins, P.O. Box 17414, Dulles International proposal to amend part 39 of the Federal Airport, Washington, DC 20041. This Aviation Regulations by superseding AD 1. The authority citation for part 39 information may be examined at the FAA, continues to read as follows: Northwest Mountain Region, Transport 90-16-02, Amendment 39-6676 (55 FR 30904, July 30,1990), applicable to Authority: 49 U.S.C. 1354(a), 1421 and 1423; Airplance Directorate, 1601 Lind Avenue 49 U.S.C. 106(g) (Revised Pub. L 97-449, SW., Renton, Washington. SAAB-Scania Model SF-340A and January 12,1983): and 14 CFR 11.89. This amendment (39-7046, AD 91-14-04) SAAB 340B series airplanes, to require becomes effective July 29,1991. repetitive inspections to detect cracks in § 39.13 -[Amended] Issued in Renton, Washington, on June 12, the vertical stabilizer top closure rib, 2. Section 39.13 is amended by adding 1991. and repair, if necessary, was published the following new airworthiness Darrell M. Pederson, in the Federal Register on March 8,1991 directive: Acting Manager, Transport Airplane (56 FR 9911). 91-14-04. British Aerospace: Amendment 39- Directorate, Aircraft Certification Service. Interested persons have been afforded 7046. Docket No. 90-NM-271-AD. [FR Doc. 91-14928 Filed 6-21-91; 8:45 am] an opportunity to participate in the Applicability: Model BAe 146-100A and BILLING CODE 49KM3-M making of this amendment. No 146-200A series airplanes, as listed in British comments were received in response to Aerospace Service Bulletin 24-60, dated May the proposal. 31,1990, certificated in any category. Compliance: Required as indicated, unless 14 CFR Part 39 Paragraph E. of the final rule has been previoulsy accomplished. revised to specify the current procedure To prevent failure or improper functioning [Docket No, 91-NM-28-AD; Arndt 39-7044; for submitting requests for approval of of the wing flap, landing gear anti-skid, and AD 91-14-02] alternative methods of compliance. turbine vibration indication systems, The economic analysis paragraph, accomplish the following: Airworthiness Directives; SAAB-Scania below, has been revised to increase the A. Within 30 days after the effective date Model 5F-340A and SAAB 340B Series specified hourly labor rate from $40 per of this AD, perform a visual inspection of the A irp la n e s earth stud on the avionics rack at Frame 17, manhour (as was cited in the preamble in accordance with British Aerospace Service AGENCY: Federal Aviation to the Notice) to $55 per manhour. The Bulletin 24-60, dated May 31.1990. Administration (FAA), DOT. FAA has determined that it is necessary 1. If the earth stud is approximately 33.0 to increase this rate used in calculating a c t i o n : Final rule. inches from the airplane's center line, prior to the cost impact associated with AD 28690 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations activity to account for various § 39.13 [Amended] This amendment supersedes Amendment inflationary costs in the airline industry. 39-6676, AD 90-16-02. 2. Section 39.13 is amended by This amendment (39-7044, AD 91-14-02) After careful review of the available removing Amendment 39-6676 and by becomes effective July 29,1991. adding the following new airworthiness data, the FAA has determined that air Issued in Renton, Washington, on June 12, safety and the public interest require the directive: 1991. adoption of the rule as proposed with 91-14-02. SAAB-Scania: Amendment 39- Darrell M. Pederson, the changes previously described. The 7044. Docket No. 91-NM-28-AD. Acting Manager, Transport Airplane FAA has determined that these changes Supersedes AD 90-16-02. Directorate, Aircraft Certification Service. will neither significantly increase the Applicability: Model SF-340A series economic burden on any operator, nor airplanes, Serial Numbers 031 through 159; [FR Doc. 91-14929 Filed 6-21-91; 8:45 am] increase the scope of the AD. and SAAB 340B series airplanes, Serial BILLING CODE 4910-13-M Numbers 160 through 186; certificated in any It is estimated that 108 airplanes of category. U.S. registry will be affected by this AD, Compliance: Required as indicated, unless that it will take approximately 16 previously accomplished. 14 CFR Part 71 manhours per airplane to accomplish the To prevent inhibited airplane rudder required actions, and that the average control due to cracking in the vertical [Airspace Docket No. 90-AWP-11] labor cost will be $55 per manhour. The stabilizer top closure rib, accomplish the estimated cost for required parts is following: Establishment of the Tucson/Ryan $1,400. Based on these figures, the total A. Prior to the accumulation of 500 hours Field, Tucson, AZ, Control Zone cost impact of the AD on U.S. operators time-in-service since new or within 100 hours time-in-service after August 30,1990 (the AGENCY: Federal Aviation is estimated to be $246,240. effective date of Amendment 39-6676, AD 90- Administration (FAA), DOT. The regulations adopted herein will 16-02), whichever occurs later, inspect the ACTION: Final rule. not have substantial direct effects on the vertical stabilizer top closure rib for evidence of cracking, in accordance with SAAB States, on the relationship between the s u m m a r y : This action establishes the national government and the States, or Service Bulletin 340-55-022, Revision 1, dated Tucson/Ryan Field, Tucson, AZ, Control on the distribution of power and February 27,1990. B. If no evidence of cracking is found, Zone. It provides controlled airspace for responsibilities among the various levels reinspect the vertical stabilizer top closure aircraft executing instrument approach of government. Therefore, in accordance rib for cracking at intervals not to exceed 500 and departure procedures to and from with Executive Order 12612, it is flight hours time-in-servlce. Tucson/Ryan Field. determined that this final rule does not C. If cracking is found, prior to further e f f e c t i v e d a t e : 0901 UTC, September have sufficient federalism implications flight, stop drill the ends of the cracks, blend, 19,1991. to warrant the preparation of a clean, and apply aluminum tape, as specified Federalism Assessment. in SAAB Service Bulletin 340-55-022, FOR FURTHER INFORMATION CONTACT: Revision 1, dated February 27,1990. Ms. Cheryl Miller, Airspace and For the reasons discussed above, I Reinspect for additional cracking and the certify that this action: (1) Is not a Procedures Specialist, Airspace and condition of the aluminum tape at intervals Procedures Branch, AWP-530, Air “major rule” under Executive Order not to exceed 100 hours time-in-service. 12291; (2) is not a “significant rule” Traffic Division, Western-Pacific D. Within one year after the effective date Region, Federal Aviation under DOT Regulatory Policies and of this amendment, either replace the rib with a new thicker rib with a larger radius, or Administration, 15000 Aviation Procedures (44 FR11034, February 26, Boulevard, Lawndale, California 90261, 1979); and (3) will not have a significant reinforce the rib and replace the attachment economic impact, positive or negative, angle, in accordance with SAAB Service telephone (213) 297-0433. on a substantial number of small entities Bulletin 340-55-023, dated October 1,1990. SUPPLEMENTARY INFORMATION: Accomplishment of either of these under the criteria of the Regulatory modifications constitutes terminating action History Flexibility Act. A final evaluation has for repetitive inspections required by been prepared for this action and is paragraphs B. and C. of this AD. On March 27,1991, the FAA proposed contained in the Rules Docket. A copy of E. An alternative method of compliance or to amend part 71 of the Federal Aviation it may be obtained from the Rules adjustment of the compliance time, which Regulations (14 CFR part 71) to establish Docket. provides an acceptable level of safety, may the Tucson/Ryan Field, Tucson, AZ, be used when approved by the Manager, Control Zone. Interested parties Were List of Subjects in 14 CFR Part 39 Standardization Branch, ANM-113, FAA, invited to participate in this rulemaking Transport Airplane Directorate. Air transportation, Aircraft, Aviation proceeding by submitting written safety, Safety. Note: The request should be forwarded comments on the proposal to the FAA. through an FAA Principal Maintenance No comments objecting to the proposal Adoption of the Amendment Inspector, who may concur or comment and were received. Section 71.171 of part 71 then send it to the Manager, Standardization of the Federal Aviation Regulations was Accordingly, pursuant to the authority Branch, ANM-113. republished in Handbook 7400.6G dated delegated to me by the Administrator, F. Special flight permits may. be issued in the Federal Aviation Administration accordance with FAR 21.197 and 21.199 to September 4,1990. amends 14 CFR part 39 of the Federal operate airplanes to a base in order to Aviation Regulations as follows: comply with the requirements of this AD. Th e Rule All persons affected by this directive who This amendment to part 71 of the PART 39—[AMENDED] have not already received the appropriate Federal Aviation Regulations service documents from the manufacturer establishes the Tucson/Ryan Field, 1. The authority citation for part 39 may obtain copies upon request to SAAB- Tucson, AZ, Control Zone. It provides continues to read as follows: Scania AB, Product Support, S-581.88, Linköping, Sweden. These documents may be controlled airpsace for aircraft Authority: 49 U.S.C. 1354(a), 1421 and 1423; examined at the FAA, Northeast Mountain executing instrument approach and 49 U.S.C. 106(g) (Revised Pub. L 97-449, Region, Transport Airplane Directorate, 1601 departure procedures to and from January 12,1083); and 14 CFR 11.89. Lind Avenue SW„ Renton, Washington. ; Tucson/Ryan Field. ^ Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations 28691

The FAA has determined that this RAILROAD RETIREMENT BOARD compensated service for his or her last regulation only involves an established employer prior to retirement, commonly body of technical regulations for which 20 CFR Part 216 referred to as the “last person service frequent and routine amendments are RIN 3220-AA15 restriction.” An exception to this necessary to keep them operationally restriction was made if the last current. It, therefore—(1) Is not a "major Eligibility for an Annuity employer was a governmental unit and rule” under Executive Order 12291; (2) is the annuitant was a compensated not a "significant rule" under DOT AGENCY: Railroad Retirement Board. elected public official of this unit. A Regulatory Policies and Procedures (44 a c t i o n : Final rule. similar rule for appointed public officials FR11034; February 26,1979); and (3) receiving nominal salaries was s u m m a r y : The Railroad Retirement does not warrant preparation of a Board (Board) hereby revises part 216, established by administrative ruling. regulatory evaluation as the anticipated Eligibility for an Annuity, to reflect The 1988 amendments eliminated the impact is so minimal. Since this is a amendments to the Railroad Retirement prohibition against payment of an routine matter that will only affect air Act which became effective in 1981,1983 annuity for any month in which the traffic procedures and air navigation, it and 1988. The action also revises the beneficiary performed compensated is certified that this rule will not have a rules concerning eligibility in a manner service for the last pre-retirement significant economic impact on a to make them easier to use and employer and substituted an earnings substantial number of small entities understand. deduction to be applied to the tier II annuity component of a beneficiary under the criteria of the Regulatory EFFECTIVE DATE: June 24,1991. Flexibility Act. engaged in last person service. The FOR FURTHER INFORMATION CONTACT: amendment also removed the language List of Subjects in 14 CFR Part 71 Thomas W. Sadler, Assistant General excepting elected public service from Counsel, Railroad Retirement Board, 844 the employment restrictions. This Aviation Safety, Control Zones. Rush, Chicago, Illinois 60611, (312) 751- change is reflected in subpart C of this Adoption of the Amendment 4513, FTS 386-4513, TDD (312) 751-4701, rule. Consistent with the amendment to TDD (FTS 386-4701). the last person service provisions of the Accordingly, pursuant to the authority SUPPLEMENTARY INFORMATION: Part 216 Railroad Retirement Act, the Board no delegated to me, part 71 of the Federal of the Board’s regulations contains the longer will exempt public officers, Aviation Regulations (14 CFR part 71), is eligibility requirements for annuities elected or appointed, from the last amended, as follows: under the Railroad Retirement Act of person service work deductions. 1974, as amended. Amendments made However, with respect to elected and PART 71—DESIGNATION OF FEDERAL by the Omnibus Budget Reconciliation appointed public officials this change AIRWAYS, AREA LOW ROUTES, Act of 1981 (OBRA) (Pub. L 97-36) to the will apply only to those individuals who CONTROLLED AIRSPACE, AND Railroad Retirement Act added, as new file applications for annuities after the REPORTING POINTS categories of beneficiaries under the effective date of the final rule. Thus, Act, divorced spouses, surviving elected and appointed public officials 1. The authority citation for part 71 divorced spouses, and remarried who will have applied for annuities continues to read as follows: widow(er)s. Eligibility requirements for prior to the effective date of the final Authority: 49 U.S.C. App. 1348(a), 1354(a), these types of annuities are found in rule will continue to be accorded the 1510; Executive Order 10854; 49 U.S.C. 106(g) subparts F and G. Section 1116(b)(2) of same treatment with respect to their (Revised Pub. L. 97-449, January 12,1983); 14 the OBRA liberalized the test to service for a governmental unit as prior CFR 11.69. establish a current connection with the to the effective date of the final rule. railroad industry for purposes of The Board also is reordering various § 71.171 [Amended] eligibility for the supplemental annuity sections of part 216 to facilitate the 2. § 71.171 is amended as follows: and survivor annuities. Eligibility reader’s use of that part. Provisions requirements reflecting these Tucson/Ryan Field, Tucson, Arizona (New) dealing with the definition of a current amendments are found in subpart B. connection with the railroad industry Within a 4-mile radius of the Tucson/Ryan Section 1117(a) of the OBRA restricted are found in new subpart B. Field (lat. 32°08'29” N., long. 111°10'24'' W.), future supplemental annuity eligibility to All provisions dealing with work within 2 miles each side of the Ryan Runway employees with some service prior to restrictions which impact upon 6 Localizer extending from the 4-mile radius October 1981. See subpart E. Section eligibility for an annuity have been zone to 7 miles southwest of the airport, and 104(a) of the Railroad Retirement moved to subpart C. subparts D-I within 2 miles each side of the 317° bearing Solvency Act of 1983 (Pub. L. 98-76) contain the eligibility provisions for the from the Ryan Radio Beacon (lat. 32°08'18" changed the eligibility requirements for N., long. l l i <>09'39" W.) extending from the 4- various types of annuities payable under a child’s annuity when the child is a full­ the Railroad Retirement Act. Subpart J mile radius zone to 7 miles northwest of the time student to conform to social airport. This control zone shall be effective contains the restrictions on eligibility for security benefit provisions. These more than one annuity. Finally, the during specific dates and times established in changes are reflected in subpart H. The advance by a Notice to Airmen. The effective following sections of the present part Solvency Act, at section 413, also 216 which deal with the definitions of date and time will thereafter be continuously liberalized the eligibility conditions for a published in the Airport/Facility Directory. various family relationships have been parent’s annuity. This change is removed and are now found in part 222: Issued in Los Angeles, California, on June reflected in subpart I. 6.1991. 1 §§ 216.23, 216.24, 216.37, 216.48, and The Railroad Retirement Act of 1974, 216.63. Richard R. Lien, prior to its amendment in 1988 by the On March 12,1991, the Board Manager, Air Traffic Division, Western- Railroad Unemployment and Retirement published this rule as a proposed rule Pacific Region. Improvement Act of 1988, provided that (56 FR 10385), inviting comments on or [FR Doc. 91-14930 Filed 6-21-91; 8:45 am] no annuity was payable in any month in before April 11,1991. No comments BILLING CODE 4910-13-M which an annuitant performed were received. I

28692 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rulps and Regulations

The Board has determined that this is 216.54 Who is an employee’s wife or disability may also be entitled to a not a major rule under Executive Order husband. supplemental annuity. 12291. Therefore no regulatory impact Subpart G— Widow(er), Surviving Divorced § 216.2 Definitions. analysis is required. The information Spouse, and Remarried Widow(er) collections associated with this rule Annuities Except as otherwise expressly noted, have been approved by the Office of 216.60 General. as used in this part—-Age means an Management and Budget. 216.61 Who is eligible for an annuity as a individual’s age on the day preceding widow(er). the anniversary date of his or her birth. List of Subjects in 20 CFR Part 216 216.62 Who is eligible for an annuity as a A nnuity means a payment due an Railroad employees, Railroad surviving divorced spouse. entitled individual for a calendar month Retirement. 216.63 Who is eligible for an annuity as à and made to him or her on the first day remarried widow(er). of the following month. For the reasons set forth in the 216.64 What is required for payment. 216.65 Who is an employee’s widow(er). A pply means to sign a form or preamble, part 216 of subchapter B, statement that the Railroad Retirement chapter II, title 20 of the Code of Federal 216.66 Who is an employee's surviving divorced spouse. Board accepts as an application for Regulations is revised as follows: 216.67 “Child in care.” benefits under the rules set out in part 216.68 Disability period for widow(er), 217 of this chapter. PART 216—ELIGIBILITY FOR AN surviving divorced spouse, or remarried A ttainm ent o f age means that an ANNUITY widow(er). individual attains a given age on the Subpart A—General Subpart H—Child’s Annuity first moment of the day preceding the anniversary date of his or her birth Sec. 216.70 General. 216.1 Introduction. 216.71 Who is eligible for a child’s annuity. corresponding to such numerical age. 216.2 Definitions. 216.72 What is required for payment of a Board means the Railroad Retirement 216.3 Other regulations related to this part. child’s annuity. Board. 216.73 Who may be re-entitled to a child’s Claimant means an individual who Subpart B— Current Connection With the annuity. Railroad Industry files an annuity application or for whom 216.74 When a child is a full-time student. an annuity application is filed. 216.11 General. 216.75 When a child is a full-time student 216.12 When current connection is required. during a period of non-attendance. Eligible means that an individual meets all the requirements for payment 216.13 Regular current connection test. Subpart I—Parent’s Annuity 216.14 Regular non-railroad employment of an annuity but has not yet applied for that will not break a current connection. 216.80 General. one. 216.15 Special current connection test. 216.81 Who is eligible for a parent’s annuity. Employee means an individual who is 216.16 What is regular non-railroad 216.82 What is required for payment. or has been in the service of an employment. Subpart J— Eligibility for More Than One employer as here defined. 216.17 What amount of regular non-railroad Annuity Em ployer means a company, employment will break a current 216.90 General. connection. individual, or other entity determined to 216.91 Entitlement as an employee and be a covered employer under the Subpart C— Railroad and Last Non-Railroad spouse, divorced spouse, or survivor. Railroad Retirement Act as provided by Employment 216.92 Entitlement as a spouse or divorced part 202 of this chapter. spouse and as a survivor. 216.21 General. E ntitled means that an individual has 216.22 Work as an employee which affects 216.93 Entitlement to more than one survivor annuity. applied for and has established his or payment. her rights to benefits. 216.23 Work which does not affect 216.94 Entitlement to more than one eligibility. divorced spouse annuity. Railroad Retirement Act means the 216.24 Relinquishment of rights to return to Authority: 45 U.S.C. 231f. Railroad Retirement Act of 1974, as work amended. Subpart A—General Re-entitled annuity means an annuity Subpart D— Employee Annuity § 216.1 Introduction. to which an individual becomes entitled 216.30 General. after an earlier-awarded annuity has 216.31 Who is eligible for an age annuity. This part explains when an individual been terminated. A re-entitled annuity is 216.32 Who is eligible for a disability is eligible for a monthly annuity under annuity. usually awarded on the basis of the Railroad Retirement Act. An different factors of eligibility from the 216.33 What is required for payment of an individual eligible for an annuity as age or disability annuity. initial annuity, and may be awarded described in this part may become without the filing of another application. entitled to an annuity only in such Subpart E—Supplemental Annuity Retirement age means, with respect to amount as set forth in parts 225 through 216.40 General. an employee who attains age 62 before 229 of this chapter 216.41 Who is entitled to a supplemental January 1, 2000 (age 60 in the case of a annuity. (a) Regular annuity. A regular 216.42 How a private railroad pension monthly annuity is provided for: widow(er), remarried widow(er) or affects a supplemental annuity. (1) An employee who retires because surviving divorced spouse) age 65. For 216.43 Effect of a supplemental annuity on of age or disability; an employee who attains age 62 (or age other benefits. (2) An employee’s spouse or divorced 60 in the case of a widow(er), remarried spouse; or widow(er), or surviving divorced Subpart F— Spouse and Divorced Spouse spouse) after December 3i, 1999, Annuities (3) The widow, widower, child, parent, remarried widow pr widower, or retirement age means the age provided 216.50 General. for in section 216(1) of the Social 216.51 Who is eligible for a spouse annuity. surviving divorced spouse of an 216.52 Who is eligible for an annuity as a employee. Security Act. divorced spouse. (b) Supplemental annuity. An Social Security Act means the Social 216.53 What is required for payment. employee who retires because of age or Security Act as amended. Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations 28693

Tier I benefit means the benefit (5) A lump-sum death payment as (1) Has been credited with at least 25 component calculated using Social described in part 234 of this chapter. years of railroad service; Security Act formulas and based upon (b) A current connection which was (2) Stopped working in the railroad earnings covered under both the established when an employee’s annuity industry “involuntarily and without Railroad Retirement Act and the Social began is effective for: fault” on or after October 1,1975, or was Security Act. (1) Any annuity under this part for on furlough, leave of absence or absent Tier II benefit means the benefit which the employee later becomes for injury on that date; component calculated under a formula eligible; and (3) Did not decline an offer of found in the Railroad Retirement Act (2) Any survivor annuity under this employment in the same “class or craft” and based only upon earnings and part or a lump-sum death payment as his or her most recent railroad service in the railroad industry. under part 234 of this chapter. service; and Year of service means 12 calendar § 216.13 Regular current connection test (4) Was alive on October 1,1981. months, consecutive or otherwise, of (c) "Involuntarily and without fault" service creditable to an employee as An employee has a current connection defined. An employee is considered to described in part 210 of this chapter. with the railroad industry if he or she have stopped railroad employment meets one of the following requirements: involuntarily and without fault if: § 216.3 Other regulations related to this (a) The employee has creditable part (1) The employee loses his or her job; railroad service in at least 12 of the 30 This part is related to a number of consecutive months immediately (2) The employee could not, through other parts. Part 217 of this chapter preceding the earlier of: the exercise of seniority rights, remain describes how to apply for an annuity. (1) The month his or her annuity in railroad service in the same class or Part 218 indicates when annuities begin begins; or craft as his or her most recent railroad and when they terminate. Part 219 sets (2) The month he or she dies. service, regardless of the location where out what evidence is necessary to prove (b) The employee has creditable that service would be performed; and eligibility. Where eligibility for an railroad service in at least 12 months in (3) The employee did not lose his or annuity is based upon a family a period of 30 consecutive months and her job because of poor job relationship to an employee (for does not work in any regular non­ performance, misconduct, medical example, a widow’s annuity), the railroad employment in the interval reasons or other action or inaction on definition of such family relationship between the month the 30-month period the part of the employee. may be found in part 222 of this chapter. ends and the earlier of: (d) Effect of separation allowance. An Part 225 of this chapter describes the (1) The month his or her annuity employee who accepts a separation computation of the primary insurance begins; or allowance and in so doing relinquishes amount. (2) The month he or she dies. his or her seniority rights to railroad employment is deemed to have Subpart B— Current Connection With § 216.14 Regular non-railroad employment voluntarily terminated his or her the Railroad industry that win not break a current connection. railroad service. However, if the § 216.11 General. Regular non-railroad employment will employee stopped railroad employment A current connection with the railroad not break an employee’s current involuntarily and without fault, as industry is required to qualify for certain connection if it is performed during the defined in paragraph (c) of this section, types of railroad retirement benefits. 30-month period described in receipt of a separation allowance will The existence of a current connection Is § 216.13(b), in or after the month the not affect a current connection under clear in most cases where entitlement or annuity begins, or in the month the paragraph (b) of this section. death immediately follows continuous employee dies. (e) "Class or craft" defined. The terms“clas8 or craft,” as used in this years of railroad employment However, §216.15 Special current connection test there are cases in which the employee section, have the same meaning as they did not work for a railroad employer for (a) For survivor annuities. An do generally in the railroad industry. a period of time before entitlement or employee who does not have a current (f) For supplemental annuities only. death. In these situations, special tests connection under the regular test has a An additional special current are applied to determine whether the current connection only to qualify an connection test is required for an employee can be considered to have a individual for a survivor annuity if: individual who was receiving a current connection with the railroad (1) The employee would not be fully disability annuity which terminated due industry for the purpose of determining or currently insured under section 214 of to the individual’8 recovery from his or her eligibility for an annuity or the Social Security Act if his or her disability. If the individual becomes other benefits. railroad compensation after 1936 were entitled to a new annuity, a new current treated as social security earnings; connection test based on the new § 216.12 When current connection Is (2) The employee has no quarters of annuity beginning date must be made. required. coverage as defined in section 213 of the This test is made using the rules (a) A current connection is required to Social Security Act; or contained in § § 216.13 and 216.17. qualify an individual for the following (3) The employee received a pension types of railroad retirement benefits: or a retirement annuity that began § 216.16 What Is regular non-railroad (1) An employee occupational before 1948 based on at least 114 months employment disability annuity as described in of service. (a) Regular non-railroad employment subpart D of this part; (b) For survivor and supplemental is full or part-time employment for pay. (2) A supplemental annuity as annuities. An employee who does not (b) Regular non-railroad employment described in subpart E of this part; have a current connection under the does not include any of the following: (3) An employee vested dual benefit regular test has a current connection in (1) Self-employment; in certain cases; order to pay a supplemental or survivor (2) Temporary work provided as relief (4) A survivor annuity as described in annuity if he or she meets all of the by an agency of a Federal, State, or local subparts G, H, and I of this part; and following requirements; government; 26894 Federal Register / Vol. 56. No. 121 / M onday. June 24, 1991 / Rules and Regulations

(3) Service inside or outside the Subpart C—Railroad and Last Non- (b) Work without pay. Work United States for an employer under the Railroad Employment performed for any person or entity for Railroad Retirement Act. even if the which no pay is received, or where the employer does not conduct the main § 218.21 General pay merely constitutes reimbursement part of its business in the United States; To be eligible for an employee, a for out-of-pocket expenses, or where the (4) Involuntary military service not spouse, or a divorced spouse annuity, amount received consists only of free creditable under the Railroad the Railroad Retirement Act requires will donations and there is no Retirement Act; that an applicant must stop work for pay agreement that such donation shall (5) Employment with the following performed as an employee for a railroad constitute remuneration for services, agencies of the United States employer. In addition, no employee, does not afreet entitlement to an Government: spouse or divorced spouse annuity may annuity. (i) Department of Transportation; be paid for any month in which the (c) Seif-employment. Self-employment (ii) Interstate Commerce Commission; employee, spouse or divorced spouse is work performed In an individuars (iii) National Mediation Board; annuitant works for pay for any railroad own business, trade or profession as an (iv) Railroad Retirement Board; or employer after the date his or her independent contractor, rather than as (v) National Transportation Safety annuity began. No annuity may be paid an employee. An individual is not self- Board; to a widow or widower, surviving employed if the business is (61 Employment entered into after divorced spouse, remarried widow or incorporated. The designation or early retirement by an employee who is widower, child, or parent for any month description of the relationship between receiving an annuity under Conrad's such individual works for pay for a the individual and another person as voluntary annuity program. This railroad employer. anything otber than that of an employer program is provided under the Staggers § 216.22 Work as an employee which and employee is immaterial. If the Board Rail Act of 1980 (Pub. L. 96-448}; or affects payment determines that an employer-employee (7) Employment with the Alaska (a) Work for a railroad employer. relationship exists, the fact that the Railroad so long as it is an employee is designated as a partner, instrumentality of the State of Alaska. Work for pay as an employee of a railroad employer always prevents coadventurer, agent, independent § 216.17 What amount o f regular non* payment of an annuity. contractor, or the like will be railroad employment wK break a current (b) Work for last non-railroad disregarded. An individual determined connection. employer. Work for pay in the service of to be an employee of a railroad The amount of regular non-railroad the last non-railroad employer by whom employer pursuant to part 203 of this employment needed to break a current an individual is employed will reduce chapter is not self-employed. Whether connection depends cm when the the amount of the tier II benefit of the an individual performing services is an applicable 30-month period ends (see employee, spouse and supplemental employee depends upon the degree to § 216.13 of this part), as follows: annuity as provided in part 230 of this which die recipient of services controls (a) If the 30-month period ends in the chapter. An individual's last non­ the individual’s work. Control is calendar year before or in the same railroad employer is: determined in accordance with general calendar year as the annuity begins or (1) Any non-railroad employer from legal principles delineating an employer- the month the employee dies, the current whom the individual last resigned (in employee relationship. Among the connection is broken if the employee; point of time) in order to receive an factors considered are: (1) Works in each month in the annuity; and (1) Instructions. An individual interval after the end of the 30-month (2) Any additional non-railroad required to comply with instructions period and before the earlier of the employer from whom the individual about when, where, and how to work is month the annuity begins or the resigned in order to have an annuity ordinarily an employee. Instructions employee dies; or become payable. Employment which an may be oral or in the form of manuals or (2) Works and earns at least $200 in individual stops within 6 months of the written procedures which show how the wages in any 3 months within the date on which the individual files for an desired result is to be accomplished. An interval described in paragraph (a)(1) of annuity will be presumed in the absence individual who ordinarily works without this section. of evidence to the contrary to be service receiving instructions because he or she (b) If the 30-month period ends more from which the individual resigned in is highly skilled or knowledgeable may than a year before the calendar year in order to receive an annuity. nevertheless be an employee if the which the annuity begins or the (c) Corporate officers. An officer of a employer has a right to instruct the employee dies, the current connection is corporation will be considered to be an individual in performance of the work. broken if the employee: employee of the corporation. A director (2) Training. Training provided an (1) Works in any 2 consecutive years of a corporation acting solely in his or individual by an employer indicates that wholly or partially within the interval her capacity as such director is not an the employer wants the work to be after the end of die 30-month period and employee of the corporation. performed in a particular method or before the month the annuity begins or § 216.23 Work which does not affect manner, especially if the training is the employee dies, whichever is earlier; eligibility. given periodically or at frequent and An individual may engage in any of intervals. An individual may be trained (2) Earns at least $1,000 in wages in the following without adversely by an experienced employee working any year wholly or partially within the affecting his or her annuity: with him or her, by correspondence, by interval described in paragraph (b)(1) of (a) Work for a railway labor required attendance at meetings, or by this section (but not counting earnings organization. An individual may work other methods. during the 30-month period and after the for a local lodge or division of a railway (3) Integration into the employer's annuity beginning date), even if that labor organization if the pay is under business. Integration of an individual’s year is not one of the 2 consecutive $25 a month, unless the work performed services into the business operations of years described In paragraph (b)(1) of is solely for the purpose of collecting an employer generally shows that the this section. insurance premiums. individual is subject to direction and Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations 28695 control. When the success or available, may also render an individual (14) Furnishing of tools and materials. continuation of a business depends to an employee. The fact that the person or persons for an appreciable degree upon the (9) Working on employer’s premises. whom the services are performed performance of certain services, the Working on the employer’s premises furnish significant tools, materials, and individuals who perform those services may indicate that an individual is an other equipment tends to show the must necessarily be subject to a certain employee where by nature the work existence of an employer-employee amount of control by the owner of the could be done elsewhere, because the relationship. business. employer’s place of business is (15) Investm ent in facilities. If the (4) Services rendered personally. A physically within the employer’s worker invests in facilities which are requirement that an individual direction and supervision. Desk space, used by the worker in performing personally work for the employer telephone, and stenographic services services and which are not typically indicates that the employer is interested provided by an employer place the maintained by employees, such as an in the methods as well as the results, worker within the employer’s direction office rented by the worker from a party and that the employer intends to control and supervision unless the worker has unrelated to the worker or to the the result by controlling who does the the option not to use these facilities. employer, this factor tends to indicate work. Work done off the employer’s premises that the worker is an independent (5) Hiring, supervising, and payment does not by itself indicate that the contractor. On the other hand, if all of assistants. An employ er generally worker is not an employee because facilities necessary to the work which hires, supervises, and pays assistants. some occupations require that work be an individual performs are furnished An individual who hires, supervises, and performed away from the premises of without charge by the employer, this pays other workers at the direction of the employer. Control over the place of factor indicates the existence of an the employer may be an employee work is indicated when the person or employer-employee relationship. acting as a representative of the persons for whom the services are Facilities include equipment or premises employer. However, if an individual performed have the right to compel the necessary for the work, other than items hires, supervises, and pays his or her worker to travel a designated route, to such as tools, instruments, and clothing own assistants pursuant to a contract canvass a territory within a certain time, which may be commonly provided by an under which the individual agrees to or to work at specific places as required. employee in a particular trade. provide materials and labor and under (10) Order or sequence set. Performing which the individual is responsible only (16) Realization of profit or loss. An for the attainment of a result, this factor tasks in the order or sequence set by the individual not in a position to realize a indicates an independent contractor employer indicates that the worker is an profit or suffer a loss as a result of work status. employee. Often, because of the nature performed for an employer is an (6) Continuing work relationship. A of an occupation, the person or persons employee. An individual has an work relationship between an individual for whom the services are performed do opportunity for profit or loss if he or she: and an employer which continues over not set the order of the services or set (i) Hires, directs, and pays assistants; time indicates that the individual is an the order infrequently. It is sufficient to (ii) Has his or her own office, employee. A relationship may continue show control, however, if such person or equipment, materials, or other facilities if the individual works at frequently persons retain the right to do so. for doing the work; recurring, though somewhat irregular (11) Oral or written reports. Regular (iii) Has continuing and recurring intervals, either on call of the employer oral or written reports submitted to the liabilities or obligations, and success or or when work is available. employer indicate that the worker is an failure depends on the relation of (7) Set hours of work. A requirement employee, compelled to account to the receipts to expenditures; or that an individual work for an employer employer for his or her actions. (iv) Agrees to perform specific jobs for during a specified period of the day, (12) Payment by hour, week, month. prices agreed upon in advance and pays week, month or year, or for a specified Payment at a fixed rate per hour, week, expenses incurred in connection with number of hours daily indicates that the or month indicates that an individual is the work. individual is an employee. An individual an employee. Payment by commission (17) Working for more than one firm whose occupation renders fixed hours with a guaranteed minimum salary, or a t a time. If a worker performs more impractical may be an employee if by a drawing account at stated intervals than de minim us services for a number required by the employer to work at with no requirement to repay amounts of unrelated persons or firms at the certain times. which exceed the individual’s earnings, same time, this factor generally (8) Full time required. A requirement also indicates that an individual is an indicates that the worker is an that an individual devote full time to the employee. Payment in a lump sum for a independent contractor. However, a employer’s business indicates that the completed job indicates that an worker who performs services for more individual is an employee. What full individual is self-employed. The lump than one person may be an employee of time means may vary with the intent of sum may be computed by the number of each of the persons, especially where the parties, the nature of the occupation, hours required to do the job at a fixed such persons are part of the same and customs in the locality. Full-time hourly rate, or by weekly or monthly service arrangement. work may be required indirectly even installments toward a lump sum agreed (18) Making service available to the though not specified in writing or orally; upon in advance as the total cost. general public. The fact that an An individual required to produce a Payment made on a straight commission individual makes his or her services minimum volume of business for an basis generally indicates that the worker available to the general public on a employer may be compelled to devote is an independent contractor. regular and consistent basis rather than full time to producing the work. (13) Payment of business and/or to one employer indicates that the Prohibiting work for any other employer traveling expenses. Payment by the individual is self-employed rather than may require an individual to work full employer of expenses which an an employee of any one firm. An time to earn a living However, part-time individual incurs in connection with the individual may make services available work performed on a regular basis, or on employer’s business indicates that the to the public by working from his or her call of the employer, or when work is individual is an employee. own office with assistants, from his or 28696 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations her own home, by holding business (6) The Board gives up that right for with the month in which he or she licenses, by a listing in a business the individual, having been authorized attains retirement age. directory, or by advertising. to do so by the individual; § 216.32 Who Is eligible for a disability (19) Employer’s right to discharge. (7) The individual dies; or annuity. The right to discharge a worker is a (8) The individual signs a statement factor which indicates that the worker is that he or she gives up all rights to The Railroad Retirement Act provides an employee and the person who return to work in order to receive a two types of disability annuities for possesses the right is an employer. An separation allowance or severance pay. employees who have been credited with employer exercises control through the at least 10 years of railroad service. An (The information collection requirements employee may receive an annuity if his threat of dismissal, which causes the contained in paragraph (b) were approved by worker to obey the employer’s the Office of Management and Budget under or her disability prevents work in his or instructions. An employer’s right to control number 3220-0016) her regular railroad occupation. An discharge exists even if it is restricted employee who cannot be considered for due to a collective bargaining Subpart D— Employee Annuity a disability based on ability to work in his or her regular railroad occupation agreement. An employer ordinarily § 216.30 General. cannot end a relationship without may receive an annuity if his or her incurring liability with a self-employed The Railroad Retirement Act provides disability prevents work in any regular individual who meets contract annuities for employees who have employment. specifications. reached a specified age and have been (a) Disability for work in regular (20) Employee’s right to terminate. credited with a specified number of railroad occupation. An employee The fact that an individual has the right years of service. The Act also provides disabled for work in his or her regular to end his or her relationship with an annuities for employees who become occupation, as defined in part 220 of this employer at any time without incurring disabled. In addition, to be eligible for chapter, is eligible for a disability liability for work to be performed an annuity an employee must comply annuity if he or she: indicates that the individual is an with the work restrictions outlined in (1) Has not attained retirement age; employee. A self-employed individual is subpart C of this part. and legally obligated to satisfactorily § 216.31 Who is eligible for an age annuity. (2) Has a current connection with the railroad industry; and has either: complete a specific job. The Railroad Retirement Act provides (3) Completed 20 years of service; or § 216.24 Relinquishment of rights to annuities based on the employee’s age return to work. for employees who have been credited (4) Completed 10 years of service and is at least 60 years old. (a) What return to work rights must with at least 10 years of railroad service. (a) Annuities based on 10 years of (b) Disabled for work in any regular be given up. Before an individual may employment. An employee disabled for receive an annuity based on age, he or service. An employee with 10 years of she must give up any seniority or other railroad service but less than 30 years of work in any regular employment, as defined in part 220 of this chapter, is rights to return to work for any railroad service is eligible for an annuity if he or employer. she: eligible for a disability annuity if he or (1) Has attained retirement age; or she: (b) When right to return to work is (1) Is under retirement age; and ended. An individual’s right to return to (2) Has attained age 62 (the annuity work for a railroad employer is ended cannot begin prior to the first full month (2) Has completed 10 years of service. whenever any of the following events during which the employee is age 62) but § 216.33 What is required for payment of occur; is less than retirement age. All an age or disability annuity. components of the annuity are reduced (1) The employer reports to the Board In addition to the eligibility that the individual no longer has the for each month the employee is under retirement age when the annuity begins. requirements listed above, an employee right; may be required to meet other (2) The individual or an authorized (b) Annuities based on 30 years of service. An employee who has been conditions before payment of his or her agent of that individual gives the annuity may begin. employer an oral or written notice of the credited with 30 years of railroad service is eligible for an annuity at age (a) To receive payment of an employee individual's wish to.give up that right annuity based on age, an eligible and: 60 (the annuity cannot begin prior to the first full month the employee is age 60). employee must: (i) The individual certifies to the The Tier I component of the annuity is (1) Apply to be entitled to an annuity; Board that the right has been given up; reduced if the employee meets the and (ii) The Board notifies the employer of following conditions: (2) Give up the right to return to the individual’s certification; and (1) The employee annuity begins service with his or her last railroad (iii) The employer either confirms the before the month in which the employee employer. individual’s right has been given up or is age 62; and either (b) If a disability annuity is converted fails to reply within 10 days following (2) He or she had not attained age 60, to an age annuity when the annuitant the day the Board mailed the notice to prior to July 1,1984; or attains retirement age, the age annuity the employer; (3) He or she had not completed 30 cannot be paid until the employee gives (3) An event occurs which under the years of railroad service prior to July 1, up the right to return to work as established rules or practices of the 1984. described in subpart C of this part. The employer automatically ends that right; (c) Change from employee disability employee may authorize the Board to (4) The employer or the individual or to age annuity. A disability annuity paid relinquish any such right on his or her both take an action which clearly and to an employee through the end of the behalf at the time when he or she positively ends that right; month before the month in which the applies for the disability annuity. (5) The individual never had that right employee attains retirement age is (c) To receive payment of an and permanently stops working; converted to an age annuity beginning employee annuity based on disability, Federal Register / Voi. 56, No, 121 / Monday, June 24, 1991 / Rules and Regulations 28697

and eligible employee must apply tò be disability. Such a plan is sometimes spouse, of an employee who is entitled entitled to an annuity. referred to as a defined benefit plan. to an employee annuity. A spouse may (d) When requested, the employee (b) Defined contribution plan. A plan receive an annuity based on age. or on must submit evidence to support his or under which the employer is obligated having a child of the employee in his or her application, such as proof of age or to make fixed contributions to the plan her care. A divorced spouse may only evidence of disability. regardless of profits (sometimes known receive an annuity based on age. No (The information collection requirements as a money purchase plan) is a private spouse or divorced spouse annuity may ' contained in this section were approved by pension plan. A plan under which the be paid based upon disability. the Office of Management and Budget under employer’s contributions are control number 3220-0002) discretionary is not a private pension § 216.51 Who is eligible for a spouse plan under this section. annuity. Subpart E—Supplemental Annuity (c) Other than retirement benefits. A (a) To be eligible for an annuity, a § 216.40 General. plan which provides benefits not spouse must: An employee with a current customarily considered retirement (1) Be the husband or wife, as defined connection with the railroad industry at benefits (such as unemployment in part 222 of this chapter, of an the time of retirement may qualify for a benefits, sickness or hospitalization employee who is entitled to an annuity supplemental annuity in addition to the benefits) is not a private pension plan described under subpart D of this part; regular employee annuity. Supplemental under this section. and annuities are paid from a separate (d) Effective date of private railroad (2) Stop working for any railroad account funded by employer taxes in pension for supplemental annuity employer. addition to those assessed for regular purposes. A private pension reduces a (b) Where the employee’s annuity annuities. The Board reduces a supplemental annuity payment effective began before January 1,1975, the supplemental annuity if the employee on the first day of the month after the employee has completed less than 30 receives a private pension based on month the Board determines that it is a years of railroad service, and is age 65 contributions from a railroad employer. private pension as defined in paragraph or older, the spouse must be: (a) of this section. (1) Age 65 or older; § 216.41 Who is entitled to a supplemental (e) Effect of private railroad pension, annuity. A supplemental annuity is reduced by (2) Less than age 65 and have in his or An employee is entitled to a the amount of any private pension the her care a disabled child or minor child supplemental annuity if he or she: employee is receiving which is (a child under 18 years old if the spouse (a) Has been credited with railroad attributable to an employer’s claimant is a wife, or under 16 years old service in at least one month before contributions, less any amount by which if the spouse claimant is a husband) of the employee; or October 1981; the private pension is reduced because (b) Is entitled to the payment of an of the supplemental annuity. The (3) Age 62 or older but under age 65. In employee annuity awarded after June supplemental annuity is not reduced for such case, all annuity components are 30,1966; the amount of a private pension reduced for each month the spouse is (c) Has a current connection with the attributable to the employee’s under age 65 at the time the annuity railroad industry when the employee contributions. The Board will determine begins. annuity begins; the amount of a private pension for any (c) Where the employee’s annuity (d) Has given up the right to retimi to month which is attributable to the begins after December 31,1974, the work as shown in Subpart C of this part; employee’s contributions. employee has completed 10 years but and either less than 30 years of railroad service, (e) Is age 65 or older and has § 216.43 Effect of a supplemental annuity and has attained age 62, the spouse must completed 25 years of service; or on other benefits. be: (f) Is age 60 or older and under age 65, (a) Employee annuity. A supplemental (1) Retirement age or older; has completed 30 years of service, and is annuity that begins after December 31, (2) Less than retirement age and have awarded an annuity on or after July 1, 1974, does not affect the payment of a 1974. in his or her care a disabled child or a regular employee annuity. A minor child (a child under 18 years old if § 216.42 How a private railroad pension supplemental annuity beginning prior to the spouse claimant is a wife, or under affects a supplemental annuity. 1975 causes a reduction in the employee 16 years old if the spouse claimant is a annuity as provided by section 3(j) of (a) What is a private railroad pension. husband) of the employee; or The Board determines whether a the Railroad Retirement Act of 1937. (3) Age 62 or older but under (b) Spouse or survivor annuity. The pension established by a railroad retirement age. In such case, all annuity payment of a supplemental annuity does components are reduced for each month employer is a private pension that will not affect the amount of a spouse or cause a reduction in the employee’s the spouse is under retirement age at the survivor annuity. time the annuity begins. supplemental annuity. A private pension (c) Residual lump-sum. The amount of for purposes of this subpart is a plan (d) Where the employee’s annuity that: a supplemental annuity is not deducted began after June 30,1974, the employee (1) Is a written plan or arrangement from the gross residual lump-sum has completed 30 years of railroad which is communicated to the benefit. See part 234 of this chapter for service, and is age 60 or older, the an explanation of the residual lump-sum employees to whom it applies; benefit. spouse must be: (2) Is established and maintained by (1) Age 60 or older; an employer for a defined group of Subpart F—Spouse and Divorced (2) Less than age 60 and have in his or employees; and Spouse Annuities her care a disabled child or a minor (3) Provides for the payment of child (a child under 18 years old if the definitely determinable benefits to § 216.50 General. spouse claimant is a wife, or under 16 employees over a period of years, The Railroad Retirement Act provides years old if the spouse claimant is a usually for life, after retirement or annuities for the spouse, and divorced husband) of the employee; or 28698 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations

(3) Age 60 but less than retirement Subpart G— Widow(er), Surviving the end of the period described in age. In such case, the tier I component is Divorced Spouse, and Remarried | 216.68 (this results in a reduced reduced if the following conditions are Widow(er) Annuities annuity.); met: (5) Is less than retirement age but has (i) The employee was under age 62 at § 216.60 General. in his or her care a child who either is the time his or her annuity began; The Railroad Retirement Act provides under age 16 or is disabled and who is (ii) The employee annuity began after annuities for the widow(er), surviving entitled to an annuity under subpart H June 30,1984; divorced spouse, or remarried of this part; or (iii) The employee was under age 60 widow(er) of an employee. The (6) Is at least 60 years of age but has on June 30,1984 or completed 30 years deceased employee must have not attained retirement age. In this case, of railroad service after June 30,1984; completed 10 years of railroad service the annuity is reduced for each month and and have had a current connection with the surviving spouse is under retirement (iv) The spouse annuity begins after the railroad industry at the time of his or age when die annuity begins. June 30,1984. her death. A widow(er), surviving (b) A disabled surviving spouse’s divorced spouse, or remarried annuity is converted to an annuity § 216.52 Who is eligible for an annuity as a widow(er) may receive an annuity based on age beginning the month he or divorced spouse. based on age, on disability, or on having she becomes 60 years old. The annuity To be eligible for a divorced spouse a child of the employee in his or her rate does not change. annuity, the employee annuitant must be care. (c) If a surviving divorced spouse at least age 62 and the divorced spouse § 216.61 Who is eligible for an annuity as a marries after attaining age 60 (or age 50 (see § 222.22 of this chapter) must: widow(er). if he or she is a disabled surviving (a) Be the divorced wife or husband of A widow(er) of an employee who has divorced spouse), such marriage shall be an employee; completed 10 years of railroad service deemed not to have occurred. (b) Stop work for a railroad employer; and had a current connection with the (c) Not be entitled to an old-age or § 216.63 Who is eligible for an annuity as a railroad industry at death is eligible for remarried widow(er). disability benefit under the Social an annuity if he or she: Security Act based on a primary (1) Has not remarried; and either (a) A widow(er) of an employee who insurance amount that is equal to or (2) Has attained retirement age; completed 10 years of railroad service greater than one-half of the employee’s (3) Is at least 50 but less than 60 years and had a current connection with the tier I primary insurance amount; and of age and became disabled as defined railroad industry at death is eligible for either in part 220 of this chapter before the end an annuity as a remarried widow(er) if (d) Have attained retirement age; or of the period described in § 216.68 (this he or she: (e j Have attained age 62 but be under results in a reduced annuity); (1) Remarried either: retirement age. The annuity is reduced (4) Is less than retirement age but has (1) After having attained age 60 (after for each month the spouse is under in his or her care a child who either is age 50 if disabled); or retirement age at the time the annuity under age 18 (16 with respect to the tier I (ii) Before age 60 but the marriage begins. component) or is disabled and who is terminated; § 216.53 What is required for payment. entitled to an annuity under subpart H (2) Is not entitled to an old-age benefit of this part; or under the Social Security Act that is An eligible spouse or divorced spouse (5) Is at least 60 years of age but has equal to or higher than the full amount must: not attained retirement age. (In this of the remarried widow(er)’s annuity (a) Apply to be entitled to an annuity; case, all components of the annuity are before any reduction for age; and and reduced for each month the widow(er) is (3) Has attained retirement age; (b) Give up the right to return to work age 62 or over but under retirement age (4) Is at least 50 but less than 60 years for a railroad employer. when the annuity begins. For each of age and is disabled as defined in part (Approved by the Office of Management and month the widow(er) is at least age 60 220 of this chapter before the end of the Budget under control number 3220-0016 and but under age 62, all components of the period described in § 216.68 (this results 3220-0042). annuity are reduced as if the widow(er) in a reduced annuity); § 216.54 Who is an employee’s wife or were age 62). (5) Has not attained retirement age husband. § 216.62 Who is eligible for an annuity as a but has in his or her care a child who An employee’s wife or husband is an surviving divorced spouse. either is under age 16 or is disabled, and individual who— (a) A surviving divorced spouse of an who is entitled to an annuity under (a) Is married to the employee; and employee who completed 10 years of subpart H of this part; or (b) Has been married to the employee railroad service and had a current (6) Is at least age 60 but has not for at least one year immediately before connection with the railroad industry at attained retirement age. (In this case, the date the spouse applied for annuity; death, is eligible for an annuity if ho or the annuity is reduced for each month (c) Is the natural parent of the she: the remarried widow(er) is under employee’s child; (1) Is unmarried; retirement age when the annuity begins.) (d) Was entitled to an annuity as a (2) Is not entitled to an old-age benefit (b) An individual entitled to a widow(er), a parent, or a disabled child under the Social Security Act that is widow(er)’s annuity may be entitled to under this part in the month before he or equal to or higher than the surviving an annuity as a remarried widow(er) if she married the employee; or divorced spouse’s annuity before any he or she: (e) Could have been entitled to a reduction for age; and either (1) Remarries after having attained benefit listed in paragraph (d) of this (3) Has attained retirement age; age 60 (after age 50 if he or She has been section, if the spouse had applied and (4) Is at least 50 years of age but less determined to be disabled prior to his or been old enough in the month before he than retirement age and is disabled as her remarriage) and is not a surviving or she married the employee. defined in part 220 of this chapter before divorced spouse; or Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations 28699

(2) Is entitled to an annuity based § 216.66 Who Is an employee’s surviving (1) The month before the month in upon having a child of the employee in divorced spouse. which the widow(er) or surviving his or her care and marries an individual An individual who was married to the divorced spouse or remarried widow(er) entitled to a retirement, disability, employee is the deceased employee’s become 60 years old; or widow(er)’s, mother’s, father’s, parent’s, surviving divorced spouse if he or she: (2) The last day of the last month of a or disabled child’s benefit under the (a) Was married to the employee for a 7-year period (84 consecutive months) Railroad Retirement Act or Social period of at least 10 years immediately following the month in which the period Security Act. before the date the divorce became began. final, and applies for an annuity based § 216.64 What Is required for payment on age or disability; or Subpart H—-Child’s Annuity An eligible widow(er), surviving (b) Applies for an annuity based on § 216.70 General. divorced spouse, or remarried having a “child in care’’ and either: widow(er) must: (1) Is the natural parent of the The Railroad Retirement Act provides (a) Apply to be entitled for an annuity; employee’s child; ah annuity for the child of a deceased and ^ (2) Was married to the employee at employee but not for the child of a living (bj Submit evidence requested by the the time the employee or the surviving employee. The Act does provide that the Board to support his or her application. divorced spouse adopted the other’s child of a living employee can establish child who was then under 18 years old; another individual’s eligibility for a (Approved by the Office of Management and spouse annuity or cause an increase in Budget under control number 322(H)030.) or : (3) Was married to the employee at the annuitie$ of an employee and § 216.65 Who Is an employee’s widow(er). the time they adopted a child who was spouse. The eligibility, requirements then under 18 years old. described in this subpart also apply for An individual who was married to the the following purposes, except as employee at the employee’s death is the otherwise indicated in this part: deceased employee’s widow(er) if he or § 216.67 “Child In care.” she: (a) Railroad Retirement A ct Part 222 (a) To establish annuity eligibility for a spouse under subpart F of this part if (a) Was married to the employee for of this chapter sets forth what is required to establish that a child is in an he or she has the employee’s eligible at least 9 months before the day the child in care; employee died; individual’s care for purposes of the Railroad Retirement Act. This definition (b) To establish annuity eligibility for (b) Is the natural parent of the is used to establish eligibility for the tier a widow(er), or surviving divorce spouse employee’s child; II component of a female spouse or or remarried widow(er) under subpart G (c) Was married to the employee widow(er) annuity under that Act. of this part if he or she has the when either the employee or the Under this definition a child must be employee’s child in care; or widow(er) adopted the other’s child, or under age 18 or under a disability before (c) To provide an increase in the they both legally adopted a child who any benefit is payable based upon employee’s annuity under the Social was then under 18 years old; having the child in care. Security Overall Minimum Guaranty (d) Was married to the employee less (b) Social Security A ct In order to (see part 229) by including the eligible than 9 months before the employee died establish eligibility for the tier I child. but, at the time of marriage, the components of a spouse or widow(er) employee was reasonably expected to annuity, and eligibility for a surviving § 216.71 Who Is eligible for a child’s live for 9 months; and divorced spouse annuity based upon annuity. (1) The employee’s death was having a child of the employee in care, An individual is eligible for a child’s accidental; the definition of “child in care” found in annuity if the individual: (2) The employee died in the line of the Social Security Act is used. Under (a) Is a child of an employee who has duty while he or she was serving active this definition, a child must be under age completed 10 years of railroad service duty as a member of armed forces of the 16 or under a disability. and had a current connection with the United States; or railroad industry when he or she died; § 216.68 Disability period for wldow(er), (3) The surviving spouse was surviving divorced spouse, or remarried (b) Is not married at the time the previously married to the employee for widow(er). application is filed; at least 9 months; A widow(er), surviving divorced (c) Is dependent upon the employee as (e) Was entitled in the month before spouse, or remarried widow(er) who has defined in part 222 of this chapter; and the month of marriage to either ■ a disability as defined in part 220 of this (d) Meets one of the following at the (1) A benefit under section 202 of the chapter is eligible for an annuity only if time the application is filed: Social Security Act as a widow, the disability began before the end of a (1) Is under age 18; or widower, spouse (divorced spouse, period which: (2) Is age 18 or older and either: surviving divorced spouse), father, (a) Begins in the later of: (i) Is disabled as defined in part 220 of mother, parent, or disabled child; or (1) The month in which the employee this chapter before attaining age 22 (the (2) An annuity under the Railroad died; disability must continue through the Retirement Act as a widow, widower, (2) The last month for which the time of application for benefits); divorced spouse, or surviving divorced widow(er) or surviving divorced spouse (ii) Is under age 19 and is a full-time spouse, parent or disabled child; or was entitled to an annuity for having the student as defined in § 216.74 of this (f) Could have been entitled to a employee’s child in care; or part; or benefit listed in paragraph (e) of this (3) The last month for which the (iir) Becomes age 19 in a month in section, if the widow(er) had applied widow(er) or surviving divorced spouse which he or she is a full-time student and been old enough to qualify therefor was entitled to a previous annuity based and has not completed the requirement ln the month before the month of on disability; and for, or received a diploma or certificate marriage. (b) Ends with the earlier of: from, a secondary schooL 28700 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations

§ 216.72 What is required for payment of a (1) The first day of the month . is eligible for both the tier I and tier II child’s annuity. following completion of the course(s) in components of an annuity if he or she: An eligible child of a deceased which he or she was enrolled when age (1) Is age 60 or older; employee is entitled to an annuity upon 19 was reached; or (2) Has not married since the applying therefor and submitting any (2) The first day of the third month employee died; evidence requested by the Board. following the month in which he or she (3) Received one-half of his or her (Approved by the Office of Management and reached age 19. support (as defined in part 222 of this Budget under control number 3220-0030) (b) Full-time attendance. Full-time chapter) from the employee at the time school attendance means that a student the employee died; and § 216.73 Who may ba re-entitled to a is enrolled in a non-correspondence (4) Files proof of support as provided child’s annuity. course which is considered full-time for for in paragraphs (b)(4) and (b)(5) of this If an individual’s entitlement to a day students under the practices and section. child’s annuity has ended, the individual standards of the elementary or (b) Where the employee is survived may be re-entitled if he or she has not secondary school The course must last by a widow(er), or child who is or ever married and he or she applies to be re­ at least 13 weeks and the student’s could be entitled to an annuity as entitled. The re-entitlement may begin scheduled rate of attendance must be at described by subpart G or H of this part, with: least 20 hours a week. A student whose a parent of die deceased employee is (a) The first month in which the full-time attendance either begins or eligible for an annuity consisting of the individual is a full-time student if he or ends in a given month is in full-time tier I component alone if he or she: she is under age 19, or is age 19 and has attendance for that entire month. A (1) Is age 60 or older, not completed requirements for, or student is in full-time attendance in the (2) Has not married since the received a diploma or certificate from, a month in which he or she graduates, but employee died; secondary school: has no classes, if classes end in the (3) Is not in receipt of an old age (b) The first month the individual is month before graduation. benefit under the Social Security Act disabled, if the disability began before (c) Elementary or secondary school. equal to or exceeding the amount of the he or she attained age 22 and continues An elementary or secondary school is a parent’s tier I annuity amount before it through the time of application for school which provides elementary or is reduced for the family maximum but benefits; or secondary education, as determined after the sole survivor minimum is (c) The first month in which the under the law of the State or other considered; individual is under a disability that jurisdiction in which it is located. (4) Received at least one-half of his or began before the last day of a 7-year § 216.75 When a child Is a full-time student her support (as defined in part 222 of period (84 consecutive months) during a period of non-attendance. this chapter) from the employee either: following the month in which the A student who has been in full-time (i) When the employee died, or previous child’s annuity ended, or the attendance at an elementary or (ii) At the beginning of the period of individual was no longer included as a secondary school is considered a full­ disability if the employee has a period disabled child in a railroad retirement time student during a period of non- of disability (as explained in part 220 of annuity paid under the Social Security attendance (include part-time this chapter) which did not end before Overall Minimum Annuity (see part attendance) if: death; and 229). (a) The period of non-attendance is 4 (5) Files proof of support with the Board within 2 years after either: § 216.74 When a child Is a full-time consecutive months or less; (b) The student shows to the (i) The month in which the employee student filed an application for a period of (a) Full-time student. A child is satisfaction of the Board that he or she intends to return, or the student does disability if support is to be established considered a full-time student when that as of the beginning of the period of individual is in full-time attendance at return, to full-time attendance at the end of the period; and disability; or an elementary or secondary school. An (ii) The date of the employee’s death if individual is not a full-time student if (c) The student has not been expelled or suspended from the school. support is to be established at that while attending an elementary or point. secondary school he or she is paid Subpart I— Parent’s Annuity (c) The Board may accept proof of compensation by an employer who has support filed after the 2-year period for requested or required that the individual § 216.80 General. reasons which constitute good cause to attend the school. An individual is not a The Railroad Retirement Act provides do so as that term is defined in part 219 full-time student while he or she is an annuity for the surviving parent of a of this chapter. confined in a penal institution or deceased employee. The deceased correctional facility because he or she employee must have completed 10 years § 216.82 What Is required for payment committed a felony after October 19, of railroad service and have had a An eligible parent must file an 1980. A student who reaches age 19 but current connection with the railroad application and submit the evidence has not completed the requirements for industry at the time of his or her death. requested by the Board to be entitled to a secondary school diploma or A parent may only receive an annuity an annuity. certificate and who is in full-time based on age. (Approved by the Office of Management and attendance at an elementary or Budget under control number 3220-0030) secondary school will continue to be § 216.81 Who Is eligible for a parent’s eligible for benefits until the first day of annuity. Subpart J— Eligibility for More Than the first month following the end of the (a) Where the employee is not One Annuity quarter or semester in which he or she is survived by a widow(er), or child who is then enrolled, or if the school is not or ever could be entitled to an annuity § 216.90 General. operated on a quarter or semester as described by subpart G or H of this An individual may meet the eligibility system, the earlier of: part, a parent of the deceased employee provisions for more than one annuity Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations 28701 described in this part. The Railroad Dated: June 14,1991. procedure and then to publish notice of Retirement Act generally requires that By authority of the Board. such maximum daily benefit rate. the total amount of annuities otherwise B eatrice Ezerski, Under the 1988 amendments, future independently payable to one individual Secretary to the Board. increases in the maximum daily benefit must be reduced if that individual is [FR Doc. 91-14881 Filed 6-21-91; 8:45 am] rate are indexed on a yearly basis to entitled to multiple annuities. BILLING CODE 7805-01-11 increases in wages, as reflected by Entitlement as a survivor includes increases in the maximum compensation entitlement as a widow(er), surviving base provided for tier I taxes under the divorced spouse, remarried widow(er), 20 CFR Part 330 Railroad Retirement Tax Act (Chapter child, or parent. 22 of the Internal Revenue Code of 1986). § 216.91 Entitlement as an employee and BIN 3220-AA82 the tier I compensation base is adjusted spouse, divorced spouse, or survivor. annually so that it is the same amount (a) General. If an individual is entitled Determination of Daily Benefit Rates as the social security wage base under to an annuity as a spouse, divorced AGENCY: Railroad Retirement Board. the Federal Insurance Contributions Act; the social security wage base is adjusted spouse or survivor, and is also entitled a c t i o n : Final rule. to an employee annuity, then the spouse, annually to reflect growth in average divorced spouse or survivor annuity s u m m a r y : The Railroad Retirement national wages. must be reduced by the amount of die Board (Board) hereby revises part 330 of Consequently, whether the maximum employee annuity. However, this its regulations under the Railroad daily benefit rate will increase depends reduction does not apply (except as Unemployment Insurance Act to reflect on the extent of the increase in the tier I provided in paragraph (b) of this current procedures for computing an compensation base under the Railroad section) if the spouse, divorced spouse employee’s daily benefit rate for a given Retirement Tax Act. For example, the or survivor or the individual upon whose benefit year, and the maximum daily tier I compensation base increased from earnings record the spouse, divorced benefit rate authorized under the 1988 $45,000.00 to $48,000.00 for 1989. Under spouse or survivor annuity is based amendments to the Act. the new indexing procedure, the amount worked for a railroad employer or as an EFFECTIVE DATE: June 24,1991. of that increase was sufficient to employee representative before January produce an increase in the maximum 1,1975. a d d r e s s e s : Secretary to the Board, daily benefit rate from $30.00 to $31.00. (b) Tier I reduction. If an individual is Railroad Retirement Board, 844 Rush That increase applied to days of entitled to an annuity as a spouse, Street, Chicago, Illinois 60611. unemployment and sickness in divorced spouse or survivor, and is also FOR FURTHER INFORMATION CONTACT: registration periods beginning after June entided to an employee annuity, then Thomas W. Sadler, Assistant General 30.1989, because of the increase in the the tier I component of the spouse, Counsel, Railroad Retirement Board, tier I earnings base for 1989. However, divorced spouse or survivor annuity Bureau of Law, Chicago, Illinois 60611; when the tier I base increased to must be reduced by the amount of the (312) 751-4513 (FTS 380-4513). $51,300.00 for 1990 and to $53,400.00 for tier I component of the employee SUPPLEMENTARY INFORMATION: Part 330 1991, those increases were not sufficient annuity. Where the spouse or survivor is of 20 CFR chapter II was last amended to trigger an increase in the daily benefit entided to a tier II component, then a on October 29,1975 (40 FR 50257), to rate for days of unemployment or portion of this reduction may be provide information about new Board sickness beginning after June 30,1990 restored in the computation of this procedures adopted following the and after June 30,1991, respectively. component. enactment of the 1975 amendments to Pursuant to the new statutory § 216.92 Entitlement as a epouee or the Railroad Unemployment Insurance procedure, on December 7,1988, the divorced spouse and as a survivor. Act. In the period since then, Board Board published a notice in the Federal procedures and forms have been Register that the maximum daily benefit If an individual is entided to both a modified to simplify the collection of rate would increase to $31.00 in July, spouse or divorced spouse and survivor data relating to this part and to 1989 (53 FR 49369-49370). On February annuity, only the larger annuity will be paid. However, if the individual so eliminate collection of unnecessary 28.1990, the Board published a notice in data. the Federal Register that the maximum chooses, he or she can receive the Under the 1975 amendments, the smaller annuity rather than the larger daily benefit rate would remain at $31.00 annuity. maximum daily benefit rate was with respect to days of unemployment increased to $25.00, and no further or ¡days of sickness in registration § 216.93 Entitlement to more than one increase was possible except through periods beginning after June 30,1990 (55 survivor annuity. legislative enactment. On November 10, FR 7075). On December 19,1990, the If an individual is entided to more 1988, section 7201 of the Railroad Board published notice that the than one survivor annuity, only the Unemployment Insurance and maximum daily benefit rate would larger annuity will be paid. However, if Retirement Improvement Act of 1988 continue to be $31.00 with respect to the individual so chooses, he or she can (Pub. L. 100-647,102 Stat. 3774) was days of unemployment or days of receive the smaller annuity rather than enacted to amend section 2 of the sickness in registration periods the larger annuity. Railroad Unemployment Insurance Act beginning after June 30,1991 (55 FR to increase the maximum daily benefit 52113). m u Entitlement to more than one rate from $25.00 to $30.00 and to Part 330 has therefore been revised to divorced spouse annuity. prescribe a procedure for determining describe the procedure for computing . ^ an is entided to more when the maximum daily benefit rate the maximum daily benefit rate and for than one annuity as a divorced spouse, may increase further. Under Public Law notifying interested parties of the results only the larger annuity will be paid. 100-647, the Railroad Retirement Board of such computation. However, if the individual so chooses, is required to compute annually the This Part has also been revised to ne or she can receive the smaller maximum daily benefit rate in reflect current Board procedures for annuity rather than the larger annuity. accordance with the new statutory determining an employee’s daily benefit 28702 Federal Register / Vol. 56, No. 121 / MondayLjtine_24119gW

employer of the maximum amount of the rate and to make the language of the he or she may receive for each regulation more readable. Specifically, compensable day of unemployment or daily benefit rate. The Board will make § 330.3(c) has been revised to reflect sickness in any registration period, not the computation as soon as it knows the that the number of miles constituting a counting days of unemployment or amount of the tier I Railroad Retirement basic day for certain railroad sickness in the employee’s non- Tax Act earnings base under section occupations has increased from the 100 compensable waiting period. This part 3231(e)(2) of the Internal Revenue Code and 150 mile standards presently found explains how the daily benefit rate is of 1986 for each calendar year and will in § 330.2(b). Section 330.5 has been determined. publish notice as soon as possible thereafter but in no event later than June revised to provide that an employee’s § 330.2 Computation of daily benefit rate. daily benefit rate shall be considered 1 of each year. Information as to the the minimum daily benefit rate of $12.70 (a) Basic formula. A qualified current amount of the maximum daily employee’s daily benefit rate for a given until the employee or his or her benefit rate will also be available in any employer provides evidence as to the benefit year, as defined in part 302 of Board district or regional office or from employee’s last daily rate of this chapter, is an amount equal to 60 the Bureau of Unemployment and compensation in the applicable base percent of the employee’s daily rate of Sickness Insurance. compensation for his or her last railroad year. . (e) Sources of information. In On February 5,1991, the Board employment in the applicable base year, determining an employee’s daily rate of published this rule as a proposed rule but such rate will not exceed the compensation for the purpose of (58 FR 4585), inviting comments on or maximum amount set forth in paragraph computing his or her daily benefit rate, before April 8,1991. No comments were (b) of this section nor will it be less than the Board will rely on information received. When published as a proposed $12.70 per day. furnished by the employee and his or rule, the formula set forth in proposed (b) Maximum daily benefit rate. The her last employer in the base year. An § 330.2(b) contained an error, which maximum daily benefit rate is the employee's earnings from employment appeared in column 3 of page 4586 of the greater of $30.00, or the amount not covered by the Railroad computed on the basis of this formula: Federal Register published February 5, Unemployment Insurance Act are not 1991, and which involved the placement considered in computing his or her daily of the open parenthesis sign. This final / A-600 \ benefit rate. BR=25 1 + rule publication corrects the error. (V 900 > ) The Board has determined that this is § 330.3 Dally rate of compensation. not a major rule for purposes of (a) Definition. An employee’s daily Executive Order 12291. Therefore, no rate of compensation is his or her In this formula, “BR” represents the straight-time rate of pay, including any regulatory analysis is required. The maximum daily benefit rate, and “A" information collections under this part cost-of-living allowance provided in any represents the amount obtained by applicable working agreement. It does have been approved by the Office of dividing, by 60, the amount of the tier I Management and Budget under control not include any overtime pay, penalty Railroad Retirement Tax Act earnings payment, or other special allowance numbers 3220-0007, 3220-0008 and 3220- base as provided for in section 0097. except as hereinafter provided. An 3231(e)(2) of the Internal Revenue Code employer’s or employee’s report of the List of Subjects in 20 CFR Part 330 of 1986 (26 U.S.C. 3231(e)(2)) for the daily rate of compensation shall, in the Railroad employees, Railroad calendar year in which the benefit year absence of information to the contrary, employers, Railroad unemployment begins, with this quotient being rounded and subject to the considerations set benefits. down to the nearest multiple of $100.00. forth in this section and § § 330.4 and If the maximum daily benefit rate so 330.5, be considered to show the daily For the reasons set out in the computed is not a multiple of $1.00, the preamble, part 330 of title 20 of the Code rate of compensation of the employee by Board will round it to the nearest or for whom the report has been of Federal Regulations is revised to read multiple of $1.00. Such rounding will be as follows: furnished. Where a rate other than a upward if the amount so computed is daily rate is reported, the Board will equidistant between two multiples of PART 330—DETERMINATION OF convert it to a daily rate. $1.00. DAILY BENEFIT RATES (c) When increase effective. (b) Hourly, weekly or monthly rate. Whenever the annual application of the An hourly rate shall be converted to a Sec. daily rate by multiplying such hourly 330.1 Introduction. formula in paragraph (b) of this section rate by the number of hours constituting 330.2 Computation of daily benefit rate. triggers an increase in the maximum 330.3 Daily rate of compensation. daily benefit rate, such increase will a working day for the employee’s 330.4 Last railroad employment in the base apply to days of unemployment or days occupation or class of service. A weekly year. of sickness in registration periods or monthly rate shall be converted to a 330.5 Procedure for obtaining and using daily rate by dividing such rate by the information about daily rate of beginning after June 30 of the calendar number of working days constituting the year involved in the computation of “A" compensation. work week or work month, as the case Authority: 45 U.S.C 362(1). in that formula. (d) Notice. Whenever the annual may be, for the employee’s occupation § 330.1 Introduction. application of the formula in paragraph or class of service. (c) Mileage rate. When a collective The Railroad Unemployment (b) of this section triggers an increase in the maximum daily benefit rate, or if the bargaining agreement provides for Insurance Act provides for the payment payment of compensation on a mileage of benefits, at a specified daily benefit annual application of the formula does rate, to any qualified employee for his or not trigger an increase, the Board will basis, the employee’s daily rate of her days of unemployment or days of publish a notice in the Federal Register compensation is his or her rate of pay explaining how it computed the for the number of miles constituting a sickness, subject to a maximum amount basic day, including any allowance, as per day. The “daily benefit rate" for an maximum daily benefit rate for the year. employee is the amount of benefits that The Board will also notify each prescribed by the agreement, that is Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations 28703

added to his or her basic rate of pay for paid for the casual or temporary work if redetermination of the daily benefit rate the number of miles constituting a basic such rate of compensation produces a shall be made, and such redetermined day. daily benefit rate lower than the daily benefit rate shall be applied to all the (d) Piece rate or tonnage rate. Where benefit rate based on the daily rate, of employee’s days of unemployment or a piece rate or tonnage rate is reported, compensation for the employment from sickness in the benefit year. the daily rate of compensation shall be which the employee was furloughed. (c) Employer verification. Whenever determined by computing the an employee has established a daily employee’s average earnings per day for § 330.5 Procedure for obtaining and using information about daily rate of rate of compensation under paragraph the days on which he or she worked (b) of this Section, the Board will request substantially full time (excluding any compensation. (a) Information furnished by the employee’s: base year employer to overtime pay or penalty rates) at such verify such rate within 30 days. If such piece rate or tonnage rate during the last employers. Every employer, as defined two pay periods in which he or she in part 301 of this chapter, shall furnish verification is not received within 30 engaged in such work in the base year. information to the Board with respect to days, the employee’s daily rate of (e) Commissions or percentage of the daily rate of compensation of each compensation may be based upon other sales. Where the compensation reported employee for his or her last employment evidence gathered by the Board if such consists of or includes commissions or in the applicable base year. The evidence is reasonable in light of percentages of sales, the daily rate of employer shall make such report when it compensation rates reported for other such commissions or percentage of sales files its annual report of compensation employees of the base year employer in shall be determined by computing the in accordance with part 200 of this the same occupation or class of service employee’s average net commissions or chapter and shall use the form as the employer or in light of previous percentage earnings (excluding any prescribed by the Board for that compensation rates reported by the base amounts he or she received to purpose. If an employee’s last daily rate year employer for its employees. A daily compensate him or her for expenses) per of compensation in the base year is benefit rate established under this day for the days in the last two pay $99.99 or more, the employer may report paragraph may not exceed the maximum periods in which he or she worked on a such rate as $99.99 instead of the daily benefit rate established under this commission or percentage basis in the employee’s actual last daily rate of part. base year. compensation. In the absence of (d) Protest. An employee who is (f) International service. In the case of evidence to the contrary or a challenge dissatisfied with the daily benefit rate an employee who, on his last day of by the employee, the daily rate of computed under this part may contest employment in the base year, worked compensation provided by an employer such computation in accordance with partly outside the United States and under this section shall be used to part 320 of this chapter. partly in the United States for an compute a qualified employee’s daily (Approved by the Office of Management and employer not conducting the principal benefit rate. If an employer fails to Budget under control numbers 3220-0007, part of its business in the United States, report the last daily rate of 3220-0008 and 3220-0097) the employee’s daily rate of compensation for a qualified employee By authority of the Board. compensation shall be determined in the who has applied for benefits or if an Dated: June 14,1991. same manner as it would if all his employee challenges the daily rate Beatrice Ezerski, service on that day had been rendered reported by an employer, the procedure Secretary to the Board. in the United States. in paragraphs (b) and (c) of this section will apply. [FR Doc. 91-14882 Filed 6-21-91; 8:45 am] § 330.4 Last railroad employment In the (b) Information furnished by BILLING CODE 7905-01-M base year. em ployee. The Board will afford an The phrase “last railroad employment employee an opportunity to establish his in the applicable base year,” as used in or her last daily rate of compensation if DEPARTMENT OF HOUSING AND § 330.2(a) of this part, means generally the base year employer did not report a URBAN DEVELOPMENT the employee’s last “service performed rate for the employee on its annual as ap employee,” within the meaning of Office of the Assistant Secretary for report of compensation or if the Fair Housing and Equal Opportunity section 1(g) of the Railroad employee challenges the accuracy of the Unemployment Insurance Act. If an rate reported by the employer. Unless 24 CFR Ch. I employee did not actually perform any deemed unreasonable, a daily rate of service as an employee in the applicable compensation reported by an employee [Docket No. N-91-2011; FR-2665-N-07] base year (the calendar year preceding a under this paragraph will be used benefit year) but did receive qualifying provisionally to compute his or her daily Fair Housing Accessibility Guidelines; compensation such as vacation pay or benefit rate, but such rate will be Technical Corrections pay for time lost for days in such base verified in accordance with paragraph a g e n c y : Office of the Assistant year, the Board will consider that his or (c) of this section. In any case in which her last railroad employment in the base Secretary for Fair Housing and Equal the employee’s report is deemed Opportunity, HUD. yearwas the employment on which the unreasonable and no employer report qualifying compensation was based. The ACTION: Notice of technical corrections; has been provided, the employee’s Fair Housing Accessibility Guidelines. daily rate of such compensation shall be report shall be disregarded, and the deemed to be the employee’s daily rate Board will seek to verify the employee’s SUMMARY: On March 6,1991 (56 FR of compensation for purposes of this last daily pay rate in accordance with 9472), the Department published in the part. If an employee’s last railroad paragraph (c) of this section. Pending Federal Register, final Fair Housing einployment in the base year was casual receipt of such verification, the Accessibility Guidelines. The purpose of ortemporary work and was performed employee’s daily benefit rate shall be the Guidelines is to provide technical whue on furlough from other base year set at $12,70. When an unverified arid guidance on designing dwelling units as railroad employment, the Board will uncorrected pay rate has been verified required by the Fair Housing isregard the daily rate of compensation or corrected, appropriate Amendments Act of 1988. Subsequent to 28704 Federal Register / VoL 58, No. 121 / Monday, june 24, 1991 / Rules and Regulations publication of the final Guidelines, the Guidelines for Requirement 6 and March 6,1991 at 56 FR 9472, is amended Department noted minor editorial errors Requirement 7: by correcting the Fair Housing in two sections of the text and (1) Paragraph (2)(b)(vi) of the Accessibility Guidelines, codified as accompanying diagrams in the Guideline for Requirement 7 (56 FR 9512) appendix II to 24 CFR ch. I, subch. A., tn Guideline for Requirement 7, which refers to measurement from the “head” read and to illustrate as follows: provides technical guidance on of the bathtub; however, the accompanying illustration (Figure 8 at Appendix li to Chapter i Subchapter designing usable kitchens and A—[Amended] bathrooms, and in one of the diagrams page 9515) shows measurement from the accompanying the Guideline for “foot” of die bathtub. Accordingly, 1. Guideline for Requirement 7. Requirement 6, which addresses grab paragraph (2) (b)(vi) will be corrected to [Corrected] bar reinforcement. The purpose of this provide for measurement from the “foot” of the bathtub. On page 9512, first column, paragraph document is to correct these errors, and (2)(b)(vi) is corrected to read as follows: thus, eliminate any confusion which (2) Paragraphs (2}(a)(ii) and (2)(b)(vii) of the Guideline for Requirement 7 (56 (vi) Bathtubs and tub/showers located may have resulted from the errors. The in the bathroom provide a clear access specific corrections being made to the FR 9511, 9512, respectively) specify the appropriate measurements for a shower aisle adjacent to the lavatory that is at Guidelines are explained in the least 2'6" wide and extends for a length Supplementary Information section stall when the shower stall is the only bathing facility provided in a covered of 4'0" (measured from the foot of the below. dwelling unit. Paragraph (2)(a)(iii) bathtub). (See Figure 8.) EFFECTIVE DATE: March 6,1991. specifies those measurements at “at 2. Guideline for Requirement 7. FOR FURTHER INFORMATION CONTACT: least 36 inches by 36 inches” (9511, [Corrected] Merle Morrow, Office of HUD Program second column). Paragraph (2)(b)(vii) specifies those measurements as “a On page 9512, second column, Compliance, room 5204, Department of paragraph (2)(b)(vii) is corrected to read Housing and Urban Development, 451 nominal 36x36 or smaller” (9512, second column). The phrase “or smaller" in as follows: Seventh Street, SW., Washington, DC (vii) Stall showers in the bathroom 20410-0500, telephone (202) 708-2618 paragraph (2)(b)(vii) is incorrect. Accordingly, to appropriately reflect the may be of any size or configuration. A (voice) or (202) 708-0015 (TDD); (These minimum clear floor space 2'6" wide by are not toll-free numbers.) Department’s recommended measurements for a shower stall that is 4'0" should be available outside the SUPPLEMENTARY INFORMATION: On the only bathing facility in a covered stalL (See Figure 7(d). If the shower stall March 6,1991 (56 FR 9472), the dwelling unit, and to make paragraph is the only bathing facility provided in Department published in the Federal (2)(b)(vii) consistent with paragraph the covered dwelling unit, or on the Register, final Fair Housing (2)(a)(iii), the phrase—“or smaller”—in accessible level of a covered multistory Accessibility Guidelines. (The paragraph (2)(b)(vii) will be deleted. unit, and measures a nominal 36x38, the Guidelines are to be codified as (3) The center diagram in figure 5 (56 shower stall must have reinforcing to appendix II to 24 CFR ch. I, subch. A in FR 9511), which illustrates the location allow for installation of an optional wall the 1991 edition of the Code of Federal of grab bar wail reinforcements for hung beach. Regulations.) The design specifications adaptable showers, contains an 3. Guideline fo r Requirem ent & presented in the Guidelines are intended incorrect measurement. The outside [Corrected] to provide technical guidance to builders measurement of 48 inches is incorrect On page 9511, Figure 5 is corrected to and developers in complying with the and not applicable to this diagram. specific accessibility requirements of the appear as follows: [Insert corrected Accordingly, this document replaces Figure 5]. Fair Housing Amendments Act of 1988 Figure 5 with a corrected Figure 5. (Fair Housing Act). The Guidelines are (4) Figure 7(d) (56 FR 9514) shows the 4. Guideline for Requirement 7. divided into seven areas to address each shower head control in the incorrect [Corrected] of the seven areas of accessible design location. Accordingly, this document On page 9514, Figure 7(d) is corrected required by the Fair Housing Act. The replaces this figure with a corrected to appear as follows: [ I n s e r t corrected Guideline for Requirement 6 provides Figure 7(d) which shows the shower Figure 7(d)). technical guidance on installation of head control in the correct location. reinforcement in bathroom walls to (5) Figure 8 (56 FR 9515) should have 5. Guideline for Requirement 7. allow later installation of grab bars. The included the following note to clarify the [Corrected] Guideline for Requirement 7 provides illustration of clear floor space at a On page 9515, Figure 8 is corrected to technical guidance on designing usable bathtub: “Clear floor space beside tub appear as follows: [Insert corrected kitchens and bathrooms as required by may overlap with clear space beneath Figure 8]. the Fair Housing Act. Subsequent to adjacent fixtures." Accordingly, this publication of the final Guidelines, the document replaces Figure 8 with a Dated: June 10,1991. Department noted certain technical corrected Figure 8 that includes this Leonora L. Guarraia, errors in the following text of the note. Deputy Assistant Secretary for Enforcement Guideline for Requirement 7 and in the Accordingly, FR Doc. 91-2011, and Compliance. following diagrams accompanying the published in the Federal Register on BILLING CODE 4210-28-M Federal Register / Vol. 56, No. 121 / Monday, June 24,1991 / Rules and Regulations 28705

side back side

Fig. 5 Location of Grab Bar Reinforcements for Adaptable Showers

NOTE: The areas outlined in dashed lines represent locations for future installation of grab bars. 2 8706

48 min A d CerForSaea Shower at (d)FloorSpace Clear Federal Register / VöL 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations and Rules / 1991 24, June Monday, / 121 No. 56, VöL / Register Federal A Federal Register / Vol. 56, No. 121 / Monday, June 24,1991 / Rules and Regulations 28707 4* - er

Fig. 8 Alternative Specification - Clear Floor Space at Bathtub

NOTE: Clear floor space beside tub may overlap with clear floor space beneath adjacent fixtures. [FR Doc. 91-14924 Filed 6-21-91; 8:45 am] BILLING CODE 4210-28-C 28708 Federal Register / Vol. 56, No. 121 / Monday,--June 24, 1991 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION were given until 12 October 1990 to potential navigational hazard that may submit comments. In accordance with 5 be created, the additional length of time Coast Guard U.S.C. 553, a notice of proposed that would be required at the 11:15 a.m. temporary rulemaking was not and 1:15 p.m. openings, and the fact that 33 CFR Part 117 published for these regulations and good the present reasonable balance between cause exists for making them effective in boat and vehicular traffic is disrupted. [CGD1-91-040] less than 30 days after Federal Register The comments favoring the change publication. Publishing a Notice of expressed a concern for public safety Temporary Drawbridge Operation Proposed Temporary Rulemaking and and the inconvenience to land traffic. Regulations; Mystic River, CT delaying its effective date would be The safety issue was based on contrary to the public interest since increased vehicular and pedestrian a g e n c y : Coast Guard, DOT. implementation of the temporary traffic at the noon hour and concern that ACTION: Final temporary rule. regulations is necessary to evaluate ambulances and fire departments their effect during the months when located a short distance from the bridge s u m m a r y : At the request of Connecticut boating, pedestrian and vehicular traffic would be delayed. It would also allow Department of Transportation (CONN are in greatest conflict. employees and local residents to DOT), the Coast Guard is issuing transact their business on both sides of temporary regulations governing the US Drafting Information the bridge during the lunch hour. Route 1 drawbridge over Mystic River, The drafters of these regulations are Comments were also received that at mile 2.8, at Mystic, Connecticut in Waverly W. Gregory, Jr„ project officer, recommended additional signs order to evaluate suggested changes and Lieutenant John Gately, Project indicating the elimination of the 12:15 during the prime boating season. The Attorney. p.m. opening be placed up and temporary regulations would eliminate downstream well in advance of any the 12:15 p.m. opening, Monday through Discussion of Comments temporary regulation period. Although Friday, excluding holidays, for any regular or temporary regulations are A Public Hearing held in the Fitch recreational vessels. Commercial and published in the Local Notice to public safety vessels would be passed Senior High School Auditorium, in Mariners, it was emphasized that immediately at anytime. The regulation Groton, Connecticut on 25 September probably over 90% of the recreational will be in effect for 60 days from 1 July 1990, had 31 attendees with nine speakers. The speakers included six boaters do not receive the Local Notice through 29 August 1991. This temporary to Mariners, and therefore additional regulation is being made to examine the favoring, and three opposing the proposed regulation which would signs indicating the Route 1 Bridge hours effect on pedestrian, vehicular and of operation needed to be posted marine traffic during the peak eliminate the 12:15 p.m. opening, Monday through Friday, but would downstream of the railroad bridge. recreational boating season and Additionally, it was noted that the provides for openings in emergency exempt commercial vessels. In addition, written comments to the public notice temporary regulations were situations. This action should implemented during the latter portion of accommodate the needs of vehicular included three each in support and opposition to the proposed regulations the summer period (13 August through and pedestrian traffic, while providing 21 September 1990) when tourism had for the reasonable needs of navigation. with one other respondent who requested exemption for commercial reportedly sharply declined and boating e f f e c t i v e DATE: This temporary vessels. Since some of the hearing traffic was also not at its peak: regulation becomes effective 1 July 1991 speakers also provided written therefore, not providing a thru 29 August 1991. comments in response to the public comprehensive assessment of the full FOR FURTHER INFORMATION CONTACT: notice, the comments are addressed in impact on land and marine traffic during William C. Heming, Bridge general groupings. During the hearing the noon hour. This data was collected Administrator, First Coast Guard several speakers raised navigational by the Grotoh Town Police Department District, (212) 668-7170. safety concerns regarding the Army during a short sampling period from SUPPLEMENTARY INFORMATION: This Corps of Engineers’ Permit issued to Monday,. 13 August, to Wednesday, 17 Final Temporary regulation is published Historic Powerhouse Ltd. for the August 1990. The 11:15 a.m. opening in accordance with 33 CFR 117.43 in construction and maintenance of ramps, ranged from 4 to 7 minutes to order to further evaluate suggested floating docks and slips at a critical accommodate three to four boats. The changes in the drawbridge operating bend in the Mystic River and the 13:15 p.m. openings ranged from 10 to 12 requirements. On August 16,1990, the potential added congestion problems minutes tb accommodate 11 to 23 boats. Coast Guard published a Notice of that would be created if the regulation Between openings for this same period Proposed Rulemaking and Public was implemented. At the hearing, the the vehicular and pedestrian traffic Hearing (55 FR 33540) concerning a public was advised that the Corps of varied from 2,220 vehicle and 554 similar amendment. In addition, the Engineers permit had been issued and pedestrian to 3,188 and 1090, Coast Guard published a Temporary that it contained statements regarding respectively. Final Rule (55 FR 33534) for the period 13 reliance on the applicant’s data and As a result of the data collected and August-21 September 1990. The provided for réévaluation of the permit the comments it has been determined temporary final rule eliminated the 12:15 decision for cause. It was also stated that a second test period should be p.m. opening, Monday through Friday, that action regarding that permit was conducted during the middle of the with no exemption for commercial not a matter under the jurisdiction of the summer to more fully evaluate the vessels. In each instance, the Coast Guard. The public, however, effects on pedestrian, vehicular and Commander, First Coast Guard District, noted that both the Coast Guard and the marine traffic during the peak boating also published these proposals as a Army Corps of Engineers are season. Public Notice 1-724 and 1-723 dated 10 responsible for navigational safety. The Economic Assessment and Certification and 9 August 1990, respectively. In opposing comments in writing and at the Public Notice 1-724, interested persons hearing expressed concerns with the These temporary regulations are Federal Register / VqI. 56, No. 121 / M onday, June 24, 1991 / Rules and Regulations 28709

considered to be non-major under Dated: June 11,1991. 5922; Ms. Christine Klemme, U,S. EPA, Executive Order 12291 on Federal RJ. Rybacki, Region V, 230 S. Dearborn, 13th Floor, Regulation, and nonsignificant under the Rear Admiral, U.S. Coast Guard, Commander, Chicago, Illinois 60604, Phone 312/886- Department of Transportation regulatory First Coast Guard District. 3715. Written comments should be sent policies and procedures (44 FR11034; [FR Doc. 91-14932 Filed 6-21-91; 8:45 am) to Ms. Christine Klemme, Waste February 26,1979). The economic impact BILLING CODE 4910-14-M Management Division, Office of RCRA, has been found to be so minimal that a 230 S. Dearborn, 5HR-JCK-13, Chicago, full regulatory evaluation is Illinois 60604, Phone 312/886-3715. unnecessary. This opinion is based on ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: the fact that the temporary regulation AGENCY Christine Klemme, Minnesota will not prevent the passage of Regulatory Specialist, U.S. commercial vessels but only require that 40 CFR Part 271 Environmental Protection Agency, recreational vessels schedule their [FRL-3967-8] Region V, Waste Management Division, transits around the 12:15 p.m. opening Office of RCRA, Program Management during weekdays, excluding holidays. Minnesota: Final Authorization of State Branch, Regulatory Development Since the economic impact of these Hazardous Waste Management Section, 5HR-JCK-13, 230 South regulations is expected to be minimal, Program Dearborn, Chicago, Illinois 60604, (312) 886-3715 [FTS 8 886-3715]. the Coast Guard certifies that they will AGENCY: Environmental Protection not have a significant economic impact Agency. SUPPLEMENTARY INFORMATION: on a substantial number of small ACTION: Immediate final rule. A. Background entities. States with final authorization under Federalism Implication Assessment SUMMARY: Minnesota has applied for final authorization of revisions to its section 3006(b) of RCRA, 42 U.S.C. This action has been analyzed under hazardous waste program under the 6926(b), have a continuing obligation to the principles and criteria in Executive Resource Conservation and Recovery maintain a hazardous waste program . Order 12612, and it has been determined Act of 1976 as amended (hereinafter that is equivalent to, consistent with, that this temporary rule does not have “RCRA” or the “Act”). The and no less stringent than the Federal sufficient federalism implications to Environmental Protection Agency (EPA) hazardous waste program. For further warrant preparation of a federal has reviewed Minnesota’s application explanation, see section C of this notice: assessment. and has reached a decision, subject to In accordance with 40 CFR 271.21(a), revisions to State hazardous waste List of Subjects in 33 CFR Part 117 public review and comment, that these j hazardous waste program revisions programs are necessary when Federal or Bridges. satisfy all the requirements necessary to State statutory or regulatory authority is Temporary Regulations qualify for final authorization. Thus, modified or when certain other changes EPA intends to grant final authorization occur. Most commonly, State program In consideration of the foregoing, part revisions are necessary because of 117 of title 33, Code of Federal to Minnesota to operate its expanded program, subject to authority retained changes to EPA’s regulations in 40 CFR Regulations, is amended as follows: by EPA under the Hazardous arid Solid part 124, 260-268 and 270. 1. The authority citation for part 117 Waste Amendments of 1984 (Pub. L. 98- B. Minnesota continues to read as follows: 616, November 8,1984, hereinafter “HSWA”). Minnesota initially received final Authority: 33 U.S.C. 499; 49 CFR 1.40; 33 authorization for its base RCRA CFR 1.05-l(g). DATES: Final authorization for program effective on February 11,1985 Minnesota’s program revisions shall be 2. In § 117.211, paragraph (b)(1) is (50 FR 3756, January 28,1985). On June effective August 23,1991 unless EPA 30,1986, January 29,1988, November 18, suspended and paragraphs (b) (3) and publishes a prior Federal Register action (4) are added for a 60 day period from 1 1988, and November 21,1989, Minnesota withdrawing this immediate final rule. submitted revision applications for July through 29 August 1991 to read as All comments on Minnesota’s final follows: program approval. On September 18, authorization must be received by 4:30 1987, June 23,1989, and August 14,1990, PARTC117—DRAWBRIDGE p.m. central time on July 24,1991. If an (see 52 FR 27199, July 20,1987; 54 FR OPERATION REGULATIONS adverse comment is received, EPA will 16361, April 24,1989; and 55 FR 24232, publish either (1) a withdrawal of this June 15,1990, respectively), Minnesota § 117.211 Mystic River immediate final rule or (2) a document received authorization for additional ***** containing a response to the comment program revisions. (b) * * * which either affirms that the immediate Minnesota submitted an additional final decision takes effect or reverses revision application on January 21,1991. (3) From July 1 through August 29 from the decision, 7:15 a.m. to 7:15 p.m., the draw need only EPA has reviewed this application and open hourly at quarter past the hour. ADDRESSES: Copies of Minnesota’s final has made an immediate final decision However, the draw need not open at authorization application are available that Minnesota’s hazardous waste 12:15 p.m, weekdays except federal during 9 a.m. to 4 p.m. at the following program revision satisfies all the addresses for inspection and copying: holidays and as required by (b)(4). requirements necessary to qualify for Ms. Carol Nankivel, Minnesota Pollution final authorization. Consequently, EPA (4) Public vessels of the United States, Control Agency, 520 Lafayette Road, St. intends to grant Minnesota final state and local vessels used for public Paul, Minnesota 55155, Phone 612/643- authorization for this additional program safety, vessels in distress and 3498; U.S. EPA Headquarters Library, revision. - commercial vessels shall be passed PM 211 A, 401 M Street SW., On August 23,1991, (unless EPA immediately at anytime. \ Washington, DC 20460, Phone 202/382- publishes a prior FR action withdrawing 28710 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations this immediate Final rule), Minnesota the Federal program, those provisions of to the following provisions of the will be authorized to carry out, in lieu of the State’s program which are analogous Federal program:

Federal requirement Analogous state authority

•Household Waste, July 15, 1985, 50 FR 28702-28755...... MN Rule 7045.0520(2)(k), 7045.0020(37a-c), 7045.0120(a), 7045.0310(1-6) effec­ tive 10-1-90. •Dust Suppression, July 15, 1985, 50 FR 28702-28755...... —. MN Rule 7045.0665(1), (1a)(A) effective 10-1-90. •Double Liners. July 15, 1985, 50 FR 28702-28755...... MN Rule 7045.0075(12), 7045.0532(3), 7045.0538(3), 7045.0630(1 a), 7045.0632(4a), 7045.0638(1 a) effective 2-11-91. •Fuel Labeling, July 15, 1985, 50 FR 28702-28755...... MN Rule 7045.0125(10D) effective 1-9-90. ‘Burning of Waste Fuel and Used Oil Fuel, November 29, 1985, 50 FR 49164-, MN Rule 7045.0020, 7045.0125(1 )(3)(4), 7045.0214(3), 7045.0219, 7045.0692, 49212) as amended November 19, 1986, (51 FR 41900-41904), and April 13, 7045.0695 effective 1-9-90. 1987, 52 FR 11819-11822. Correction: Identification and Listing of Hazardous Waste, April 22, 1988, 53 FR MN Rule 7045.0135(4)(E)(F), 7045.0141 effective 1-9-90. 13382-13393). •Correction: Identification and Listing of Hazardous Waste, July 19, 1988, (53 FR MN Rule 7045.0219(4) effective 1-8-91. 27162-27163). •Correction: Farmer Exemptions, July 19, 1988, (53 FR 27164-27165)...... MN Rule 7045.0520, 7045.0211, 7045.0213, 7045.0450, 7045.0552, 7045.1300 effective 1-8-91. Identification and Listing of Hazadous Waste: Treatability Studies Sample Exemp­ MN Rule 7045.0075, 7045.0020, 7045.0121 effective 3-26-90. tion, July 19, 1988, (53 FR 27290-27302). •Standards for Hazardous Waste Storage and Treatment Tank Systems, Septem­ MN Rule 7045.0020(21 a and b) (103a-c), 7045.0075(6D), 7045.0488(3), ber 2, 1988, (53 FR 34079-34087). 7045.0528(1 and 4), 7045.0596, 7045.0600, 7045.0628(1, 4, and 8), 7045.0629(3c) effective 1-8-91. •Pre-Construction Ban, July 15, 1985, 50 FR 28702-28755..—...... —...... MN Rule 7001.0520(B), effective 3/6/89. Identification and Listing of Hazardous Waste, July 10,1987, 52 FR 26012...... MN Rule 7045.0135(4)(C), effective 3/6/89. •Exception Reporting for SQG's, September 23, 1987, 52 FR 35894-35899...... MN Rule 7045.0205(1), 7045.0298, effective 3/6/89. •Corrective Action for Injection Wells, December 1, 1987, 52 FR 45788...... MN Rule 7045.0460, 7045.0485, 7001.0520(3), 7045.0640 effective 3/6/89. Identification and Listing of Hazardous Waste, and Designation, Reportable MN Rule 7045.0135(3)(I-M), 7045.0139(2b), 7045.0120(1) effective 1-8-91. Quantities and Notification, September 13, 1988, (53 FR 35412-35421). Clarification to Radioactive Mixed Waste Rule, September 28, 1988, (53 FR MN Statute 116.06(13) effective 4-27-87, 37045). Statistical Methods for Evaluating Ground Water Monitoring Data from Hazardous MN Rule 7045.0020 (15a) and (22a), 7045.0484(3), (11)(12)(13) effective 1-8-91. Waste Facilities, October 11, 1988, (53 FR 39720-39731). Identification and Listing of Hazardous Waste, Removal of Iron Dextran from the MN Rule 7045.0135(4F), 7045.0141 (10B) effective 1 -8-91. list of Hazardous Wastes, October 31, 1988, (53 FR 43878-43881). Identification and Listing of Hazardous Waste, Removal of Strontium Sulfide from MN Rule 7045.0135(4E), 7045.0141(18) affective 1-8-91. the list of Hazardous Wastes, October 31, 1988, (53 FR 43881-43884). Amendment to Requirements for Hazardous Waste Incinerators, January 30, MN Rule 7001.0700(11) effective 8-27-90. 1989, (54 FR 4286-4288). ‘Toxicity Characteristics, March 29, 1990, 55 FR 11798-11877...... MN Rule 7045.0120 (K) and (Q), 7045.0131(7) and (8), 7045.0135, 7045.0634(3A) effective 1-9-91.

*HSWA requirement

EPA shall administer any RCRA C. Effect of HSWA on Minnesota’s out those requirements and prohibitions hazardous waste permits or portions of Authorization directly in authorizied and non- authorized States, including the issuance permits that contain conditions based 1. General upon the Federal program provisions for of full or partial HSWA permits, until which the State is applying for Prior to the Hazardous and Solid EPA grants the State authorization to do authorization and which were issued by Waste Amendments to RCRA, a State so. States must still, at one point, adopt EPA prior to the effective date of this with final authorization administered its HSWA-related provisions as State law authorization. EPA will suspend hazardous waste program instead of, or to retain final authorization. In the issuance of any further permits under entirely in lieu of, the Federal program. interim, the HSWA provisions apply in the provisions for which the State is Except for enforcement provisions not authorized States. being authorized on the effective date of applicable here, EPA no longer directly As a result of the HSWA, there is a this authorization. EPA has previously applied the Federal requirements in the dual State/Federal regulatory program authorized State and EPA could not in Minnesota. To the extent HSWA does suspended issuance of permits for the issue permits for any facilities the State other provisions on February 11,1985, not affect the authorized State program, was authorized to permit. When new, the State program will operate in lieu of September 18,1987, June 23,1989, and more stringent, Federal requirements August 15,1990, the effective dates of the Federal program. To the extent were promulgated or enacted, the State HSWA-related requirements are in Minnesota’s final authorization for the was obligated to obtain equivalent RCRA base program for non-HSWA authority within specified time frames. effect, EPA will administer and enforce Clusters I-IV and the majority of HSWA New Federal requirements usually did those HSWA requirements in Minnesota I revisions. not take effect in an authorized State until the State is authorized for them. Minnesota is not authorized to until the State adopted the requirements Once EPA authorizes Minnesota to operate the Federal program on Indian as State law. carry out a HSWA requirement or lands. This authority remains with EPA In contrast, under the amended prohibition, the State program in that unless provided otherwise in a future section 3006(g) of RCRA, 42 U.S.C. area will operate in lieu of the Federal statute or regulation. 6926(g), new HSWA requirements and provision or prohibition. Until that time, prohibitions take effect in authorized the State may assist EPA’s States at the same time they take effect implementation of the HSWA under a in non-authorized States. EPA carries Cooperative Agreement. Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations 28711

Today’s rulemaking includes and in most instances, those Compliance with Executive Order 12291 authorization of Minnesota’s program modifications have made the regulatory for several requirements implementing framework more stringent, certain The Office of Management and Budget has exempted this rule from the the HSWA. Those requirements Minnesota land disposal requirements implementing the HSWA are specified requirements of section 3 of Executive may be superceded by Federal land Order 12291. in the “Minnesota” section of this disposal requirements. Minnesota is notice. Any effective State requirement only authorized for the November 7, Certification Under the Regulatory that is more stringent dr broader in 1986, June 4,1987, July 8,1987, and Flexibility Act scope than a Federal HSWA provision will continue to remain in effect; thus October 10,1987, rules (see June 15, Pursuant to the provisions of 5 U.S.C. regulated handlers must comply with 1990, 55 FR 24232). However, since the 605(b), I hereby certify that this any more stringent State requirements. balance of the Federal regulations are authorization will not have a significant EPA published a FR notice explaining promulgated pursuant to HSWA, the economic impact on a substantial in detail the HSWA and its affect on regulations are effective in Minnesota number of small entities. This authorized States (50 FR 28702-28755, and all other States and are directly authorization effectively suspends the July 15,1985). implemented by EPA. Regulated applicability of certain Federal handlers must comply with any regulations in favor of Minnesota’s 2. Land Disposal Prohibitions requirements of the retained Federal program, thereby eliminating duplicative EPA does not intend to authorize land disposal prohibitions program that requirements for handlers of hazardous Minnesota to impose additional land may be more stringent than the waste in the State. It does not impose disposal prohibitions at this time. The analogous requirements of the any new burdens on small entities. This regulations implementing the land Minnesota program. Conversely, rule, therefore, does not require a disposal prohibitions are found in 40 because compliance with RCRA does regulatory flexibility analysis. CFR part 268. Under sections 5, 6, 42(b) not exempt regulated handlers from Paperwork Reduction Act and 44 of part 268, EPA has authority to compliance with State law, such consider petitions for case-by-case handlers must also meet any Under the Paperwork Reduction Act, extensions to prohibition effective dates, requirements of the Minnesota program 44 U.S.C. 3501 ei seq., Federal agencies exemptions to prohibitions based upon a that may be more stringent than the must consider the paperwork burden showing of no potential for waste imposed by any information request migration, alternate treatment methods, analogous requirements of the Federal program. As a consequence, regulated contained in a proposed rule or a final and variances from treatment standards, rule. This rule will not impose any respectively. Consideration of the handlers facing an apparent conflict between State and Federal land information requirements upon the sections 5,42(b) and 44 petitions is regulated community. permanently reserved to EPA because disposal prohibitions must always consideration of those petitions requires comply with the more stringent of the Lists of Subjects in 40 CFR Part 271 a national perspective. In the future, two requirements. Administrative practice and EPA may authorize States to consider D. Decision procedure, Confidential business the section 6 petitions. However, EPA is information, Hazardous materials currently requiring that EPA I conclude that Minnesota’s program transportation, Hazardous waste, Indian Headquarters handle these petitions. It revision application meets all the lands, Intergovernmental relations, should be noted that Minnesota has its statutory and regulatory requirements Penalties, Reporting and recordkeeping own procedures for considering established by RCRA and its requirements, Water pollution control, petitions for exemptions to prohibitions amendments. Accordingly, EPA grants Water supply. based upon a showing of no potential Minnesota final authorization to operate Authority: This notice is issued under the for waste migration. Nothing in RCRA its hazardous waste program as revised. prohibits a State from adopting authority of sections 2002(a), 3006, and Minnesota currently has responsibility 7004(b) of the Solid Waste Disposal Act as requirements that parallel Federal for permitting treatment, storage, and amended (42 U.S.C. 6912(a), 6926 and requirements. Therefore, petitioners disposal facilities within its borders and 6974(b)). seeking a section 6 exemption must be carrying out other aspects of the RCRA Dated: June 14,1991. granted approval by both EPA and the State. program and its amendments. This Todd A. Cayer, On August 17,1990, EPA promulgate responsibility is subject to the Acting Regional Administrator. die most recent phase of the regulator; limitations of its program revision [FR Doc. 91-14953 Filed 6-21-91; 8:45 am) framework implementing the land applications and previously approved BILUNG CODE 6560-50-M disposal prohibitions. EPA promulgate authorities. Minnesota also has primary earlier phases on November 7,1986; enforcement responsibilities, although EPA retains the right to conduct June 4, July 8, and October 10,1987; FEDERAL COMMUNICATIONS August 17,1988; February 27, May 2, inspections under section 3007 or RCRA, COMMISSION June 23, and September 6,1989; and Ju and to take enforcement actions under I* June 13, and August 17,1990. Section 3008, 3013, and 7003 of RCRA. 47 CFR Part 73 Minnesota’s rulemaking process follov E. Codification the EPA rulemaking process. An [MM Docket No. 89-307; RM-6301] unavoidable consequence is that EPA Codifies authorized State Minnesota’s current land disposal programs in part 272 of 40 CFR. The Television Broadcasting Services; prohibitions program is not as purpose of codification is to provide Ceres and Modesto, CA comprehensive as the Federal program notice to the public of the scope of the Since each new phase of the land a g e n c y : Federal Communications authorized program in each State. Commission. disposal prohibition regulations has Codification of the Minnesota program included modifications to earlier phasi will be completed at a later date. ACTION: Final rule. 28712 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations

s u m m a r y : This document reallots UHF 47 CFR Part 73 § 73.202 [Amended] television Channel *23 from Modesto to 2. § 73.202(b), the Table of FM Ceres, California, as that community's [MM Docket No. 90-467; RM-7443; RM- Allotments under California, is amended first local television broadcast service, 7596] by adding Gualala, Channel 263B1. and reserves the channel for Federal Communications Commission. noncommercial educational usage, in Radio Broadcasting Services; Gualala, CA Andrew J. Rhodes, response to a petition for rule making Chief, Allocations Branch, Policy and Rules filed on behalf of Bet Nahrain, Inc. See a g e n c y : Federal Communications Division, M ass M edia Bureau. 54 FR 29756, July 14,1989. Coordinates Commission. [FR Doc. 91-14983 Filed 6-21-91; 8:45 am] for Channel *23 at Ceres are 37-35-24 BILLING CODE 6712-01-M and 120-57-06. a c t i o n : Final rule. This allotment falls within the s u m m a r y : This document allots FM boundaries of certain markets for which Channel 263B1 to Gualala, California, in DEPARTMENT OF THE INTERIOR the Commission has imposed a “freeze” lieu of previously proposed Channel on TV allotments, or applications 246B1, as that community’s first local Fish and Wildlife Service therefor. Ceres is further removed from aural transmission service, in response 50 CFR Part 17 the affected markets than was the to a petition for rule making filed on allotment at Modesto. Potential behalf of Dr. Gerhard Hanneman (RM- RIN 1018-AB5252 applicants must seek a waiver of the 7443). See 55 FR 45624, October 30,1990. freeze. With this action, the proceeding CBS, Inc., licensee of Station Endangered and Threatened Wildlife is terminated. KRQR(FM), Channel 247B, San and Plants; Uncompahgre Fritiilary EFFECTIVE DATE: August 5, 1991. Francisco, California, counterproposed Butterfly Determined To Be Endangered FOR FURTHER INFORMATION CONTACT: the allotment of Channel 263B1 to Nancy Joyner, Mass Media Bureau, (202) Gualala (RM-7596), to which the AGENCY: Fish and Wildlife Service, 634-6530. petitioner consented. Coordinates for Interior. Channel 263B1 at Gualala are 36-46-00 SUPPLEMENTARY INFORMATION: This is a a c t i o n : Final rule. synopsis of the Commission's Report and 123-31-42. With this action, the proceeding is terminated. s u m m a r y : The Fish and Wildlife Service and Order, MM Docket No. 89-307, determines a butterfly, the adopted June 10,1991, and released June EFFECTIVE DATE: August 5,1991. The Uncompahgre fritillary [Boloria 19,1991. The full text of this Commission window period for filing applications for acrocrtema), to be an endangered decision is available for inspection and Channel 263B1 at Gualala, California, species. Critical habitat has not been copying during normal business hours in will open on August 6,1991, and close designated. This butterfly has been the FCC Dockets Branch (room 230), on September 5,1991. verified at only two major sites and two 1919 M Street NW., Washington, DC. FOR FURTHER INFORMATION CONTACT: possible small colonies above 4,040 The complete text of this decision may Nancy Joyner, Mass Media Bureau, (202) meters (13,200 ft.) elevation in the San also be purchased from the 634-6530. Questions related to the Juan Mountains and southern Sawatch Commission’s copy contractors, window application filing process Range of southwestern Colorado. In Downtown Copy Center, (202) 452-1422, should be addressed to the Audio 1989, the total known population was 1714 21st Street NW., Washington, DC Services Division, FM Branch, Mass estimated to be less than 1,000 20036. Media Bureau, (202) 632-0394. individuals. Taking by collectors, adverse climatic changes, lack of List of Subjects in 47 CFR Part 73 SUPPLEMENTARY INFORMATION: This is a protective regulations, small population synopsis of the Commission’s Report size, and low genetic variation endanger Television broadcasting. and Order, MM Docket No. 90-467, the species. Its habitat is potentially adopted June 10,1991, and released June threatened by trampling from humans 19,1991. The full text of this Commission and livestock. This rule implements the PART 73—[AMENDED] decision is available for inspection and protection provided by the Endangered copying during normal business hours in Species Act of 1973, as amended. 1. The authority citation for part 73 the FCC Dockets Branch (room 230), EFFECTIVE DATE: June 24,1991. continues to read as follows: 1919 M Street NW., Washington, DC. a d d r e s s e s : The complete file for this Authority: 47 U.S.C. 154, 303. The complete text of this decision may rule is available for inspection, by also be purchased horn the appointment, during normal business §73.606 [Amended] Commission’s copy contractors, hours at the Western Colorado 2. Section 73.806(b), the Television Downtown Copy Center, (202) 452-1422, Suboffice, Fish and Wildlife Table of Allotments for California, is 1714 21st Street NW., Washington, DC Enhancement, U.S. Fish and Wildlife amended by removing Channel *23+ at 20036. Service, 529 25 Vz Road, suite B-113, Grand Junction, Colorado 81505. Modesto, and by adding Ceres, Channel List of Subjects in 47 CFR Part 73 *23+. FOR FURTHER INFORMATION CONTACT: Federal Communications Commission. Radio broadcasting. Mr. John Anderson, Biologist, (see ADDRESSES above) at (303) 243-2778. Andrew J. Rhodes, PART 73—[AMENDED] SUPPLEMENTARY INFORMATION: Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau, 1. The authority citation for part 73 Background [FR Doc. 91-14982 Filed 6-21-91; 8:45 am] continues to read as follows: The Uncompahgre fritillary butterfly BILLING! CODE 6712-01-M Authority: 47 U.S.C. 154, 303. was discovered on Uncompahgre Peak, Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations 28713

Hinsdale County, Colorado, on July 30, There is a report of four (formerly five) 492 individuals (Brussard and Britten 1978. It was subsequently described as a colonies in the San Juan Mountains and 1989). There are anecdotal reports of an new species (Boloria acrocnema) by southern Sawatch Range, but these odd-year population at Uncompahgre Gall and Sperling (1980). The butterfly unverified sites, if extant, have been Peak prior to 1987, but no Uncompahgre also has been included in the genus kept secret by their discoverer. As the fritillaries were captured in 1987. The Clossiana (Ferris 1984), although this butterfly is found only in remote, status of the odd-year population at site name is more properly considered a generally inaccessible areas, it is 2 is difficult to assess due to a lack of subgenus of Boloria. possible that the species may occur in historical data on estimated population The most recent trea tment of North other mountain ranges in Colorado, but size. Assuming the species has a American butterflies lists this taxon as a there have been no reports of the biennial life history, then adding the species (Ferris 1989). Other major books butterfly from these other mountain 1987 and 1988 data results in a total published in the last 10 years also ranges. estimated population size at the two consider the Uncompahgre fritillary to All populations known to the Service major sites of approximately 950 to 1,000 be a full species (Ferris and Brown 1981, are associated with large patches of individuals. Gall 1983, Pyle 1981). However, one snow willow [Salix reticulata spp. In 1989, no population surveys were recent book considers the Uncompahgre nivalis) above 4,040 meters (13,200 ft.), conducted. In 1990, a limited survey fritillary to be a subspecies (Boloria which provide food and cover. The effort confirmed that the Uncompahgre improba ssp. acrocnema) of the dingy species has been found only on fritillary persisted at site 2 (Seidl 1990, arctic fritillary [Boloria improba) (Scott northeast-facing slopes, which are the 1991). No Uncompahgre fritillaries were 1986). For the purpose of this listing coolest and wettest microhabitat found at Uncompahgre peak in 1990 action, the Service will recognize this available in the San Juans (Brussard and during three day trips; however, this taxon at the species level. If the Britten 1989). The females lay their eggs does not constitute conclusive evidenre Uncompahgre fritillary is later on snow willow, which also is the larval that the butterfly no longer exists at recognized as a subspecies of B. food plant, while adults take nectar from Uncompahgre Peak. Thus, the limited improba, the designation of this taxon a wide range of flowering alpine plants. data gathered since 1988 do not as an endangered species will remain Brussard and Britten (1989) believe contradict the apparent downward trend valid because section 3(15) of the that the species has a biennial life shown for the 1978-1988 period. Endangered Species Act (Act) of 1973, history, which means that it requires 2 Brussard and Britten (1989) also used as amended (16 U.S.C. 1531 et seg.) years to complete its life cycle. Eggs laid electrophoretic techniques to examine permits the listing of subspecies. in 1990 (even-year brood) would be population genetic variability. Their The Uncompahgre fritillary is a small caterpillars in 1991 and mature into studies revealed only half the genetic butterfly with a 2-3 centimeter (1 in.) adults in 1992. Similarly, eggs laid in variability in the Uncompahgre fritillary wingspan. Males have rusty brown 1991 (odd-year brood) would become when compared to the Wind River wings criss-crossed with black bars; adults in 1993. The odd- and even-year Range, Wyoming, population of Boloria females’ wings are somewhat lighter broods would function as essentially separate populations. It is assumed that improba harryi, its closest geographic (Gall 1983). Underneath, the forewing is relative. This low genetic variability light ocher and the hindwing has a bold, odd- and even-year populations existed at both major sites historically, because would indicate less environmental white jagged bar dividing the crimson adaptability, i.e., a reduced ability to brown inner half from the purple-grey there is anecdotal evidence that butterflies flew each year at these sites adapt to a changing environment. In scaling on the outer wing surface. The fact, its range of habitat usage is less body has a rusty brown thorax and a prior to 1987 (Brussard and Britten 1989). During 1987 and 1988, field surveys than that of Boloria improba brownish black abdomen (Gall and populations in Wyoming and British Sperling 1980). and genetic studies were carried out by The Uncompahgre fritillary has the Dr. Peter Brussard and students under a Columbia. smallest total range of any North contract funded by the Forest Service, The species faces many threats. As it American butterfly species. Its habitat is Bureau of Land Management, and Fish is one of the few new North American limited to two verified major sites and and Wildlife Service (Brussard and butterfly species discovered in the last two possible small colonies in the San Britten 1989). Though they visited over half century, it is attractive to collectors. Juan Mountains and southern Sawatch 50 sites that appeared to satisfy the Its sedentary nature, weak flying ability, Range in Gunnison, Hinsdale, and butterfly’s habitat requirements, they and tendency to fly low to the ground possibly Chaffee counties in found only the few individuals at the make it easy to collect. Possible southwestern Colorado. One major site two new sites previously mentioned. overcollection is considered the greatest is the type locality on Uncompahgre These researchers believe there has human-caused threat to the species. Peak, which is managed by the Forest been a decline in the butterfly’s known Other actual or potential threats to the Service. The second major site was population. Based on 1978-1988 data, the species include adverse climatic discovered in 1982 on land managed by even-year broods at the two known sites changes, lack of protective regulations, the Bureau of Land Management and is appear to be declining. The odd-year small population size, and low genetic not generally known. Because of the brood at the type locality may be variability. There is a minor potential potential threat from collecting, the extinct, while the status of the odd-year threat from trampling by humans and location of this colony is referred to brood at site 2 is unclear. On livestock. herein only as “site 2." Uncompahgre Peak, the 1978 population On November 5,1979, the Service was Despite numerous attempts to locate (even-year brood) was estimated to be petitioned by Lawrence F. Gall to list other populations, no other major 800 individuals (Interagency Agreement the butterfly under provisions of the Act populations have been verifiedL In 1988, 1984); the 1988 population was estimated of 1973. In response, the Service three individuals were captured at one to be 208 individuals (Brussard and published a notice of status review on new location and one individual was Britten 1989). At site 2, the 1982 the butterfly on February 6,1980 (45 FR captured at another new location. These population was estimated to be between 8029), which solicited public comments. sites must be investigated to determine 1,000 and 1,500 individuals (Interagency Comments from the public supported if they represent possible new colonies. Agreement 1984); the 1988 estimate was listing and protection under the Act, but 28714 Federal Register / Vol. 56, No. 121 / M onday, June 24, 1991 / Rules and Regulations the Service did not propose its listing. Management already prohibited Response: At present, possible Subsequently, the Service included die collecting and patrolled the colonies overcoUection is perceived to be a butterfly in a notice of petitioh findings during the butterfly’s flight season. He greater threat to the Uncompahgre on January 20,1984 (49 FR 2485), which also stated his belief that rare butterflies fritillary than potential habitat stated that listing the butterfly was benefited most from benign neglect and degradation. Because of this, the Service warranted but precluded, and noted that by having the location of their finds that designation of critical habitat it was a category 2 species (a species populations kept secret. is not prudent at this time. The Service which may be appropriate to list, but for With regard to threats to the species, believes that many collectors do not which there is not enough biological seven commentors stated they believed know the location of site 2, and only a data at the time to support listing). Its that collection of specimens for few collectors are aware of other status was changed from category 2 to scientific or commercial purposes was a locations where only a few individual category 1 (a species for which there is threat. Three commentors mentioned butterflies have been found. Designation sufficient biological data on hand to that grazing was a threat, although two of critical habitat requires publication of support listing) in the Invertebrate mentioned that steps already had been detailed maps of the location of critical Notice of Review published on May 22, taken to eliminate or reduce grazing a t. habitat in the Federal Register and 1984 (49 FR 21664). The Service made 1- the known colonies. Two commentors would only serve to increase the year findings that listing the species was mentioned recreational use as a threat. likelihood of illegal collection of the warranted but precluded on May 10, This recreational use is represented by butterflies. 1985 (50 FR 19761); January 9,1986 (51 potential disturbance to the habitat by Issue 2: Whether listing would add to FR 996); June 30,1987 (52 FR 24312); July hikers. Some trails through or near the the protection already received by the 7,1988 (53 FR 25511); December 29,1988 colony areas already have been moved. butterfly. Three commentors stated that (53 FR 52746); and April 25,1990 (55 FR One commenter believed that no further they believed the butterfly would gain 17475). On October 15,1990 (55 FR mark-recapture studies should be added protection through its being listed 41721), the Service published a proposed allowed because trampling of the under die Act, while another commentor rule to determine that the species was caterpillar food plants by researchers believed that listing would probably not endangered. could be a major mortality factor for the be beneficial because he believed the Summary of Comments and butterfly.; Two commentors mentioned Bureau of Land Management and Forest Recommendations that the butterfly’s low genetic Service already prohibited collection of variability was a factor contributing to butterflies at the two major colony sites. In the October 15,1990, proposed rule its susceptibility to colony loss and This commentor also believed that, in and associated notifications all extinction. One commentor mentioned general, rare butterflies benefited from interested parties were requested to that, based on his studies of the benign neglect and having their submit factual reports or information butterfly and its nearest relatives, the population sites kept secret by their that might contribute to the development Uncompahgre fritillary was a narrow discoverer. of a final rule. Appropriate State habitat specialist and that was a factor Response: The Service feels that agencies, county governments, Federal in its endangerment. One commentor listing is necessary to bring into effect agencies, scientific organizations, and stated that because of global Warming the various conservation provisions of other interested parties were contacted and the butterfly’s susceptibility to the Act including, but not limited to, and requested to comment. Newspaper drought its chances for long-term prohibitions against taking, interagency notices were published in the Gunnison survival were nil. One commentor consultation, recovery planning, and Country Times and the Rocky Mountain mentioned that mining was a potential cooperation with the State of Colorado’s News on October 31,1990, which invited conservation program. Moreover, though general public comment. Fourteen threat. One commentor stated that the comments, including 3 from other colony areas should be closed to off­ there is a collecting ban at the Federal agencies, 1 from the State of road vehicles, implying that off-road Uncompahgre Peak site, there is no such Colorado, and 10 from conservation vehicles such as mountain bikes might ban at site 2. The inadequacy of existing organizations and individuals, were constitute a threat to the species. regulatory mechanisms and the additional protections that would follow received. Issue 1: Whether critical habitat Written comments received during the should be designated. Three from listing the Uncompahgre fritillary comment period are covered in the commentors believed that designation of as endangered are discussed further following summary. Comments of a critical habitat would not be prudent. under Factor D. similar nature or point are grouped into They believed that because collecting of Issue 3: Whether the Uncompahgre a number of general issues. After specimens was a primary threat, critical fritillary is more widespread. One describing generally supportive habitat designation would increase that commentor listed 11 alleged “colonies,” comments, four issues and the Service’s threat from collectors. In contrast, including seven locations known to the response to each are discussed. another commentor argued that critical Service: The two major sites, a small Thirteen of the fourteen persons who habitat for the Uncompahgre fritillary satellite colony on Uncompahgre Peak, commented supported listing of the should be designated. He stated that two places near site 2 (including one Uncompahgre fritillary as an without critical habitat designation, where a single individual butterfly was endangered species. Four comments degradation of the butterfly’s habitat observed), and two other sites (one in stated that they believed the could occur as long as the continued the southern Sawatch Range, where Uncompahgre fritillary would receive existence of the species was not either a single or a few butterflies were increased protection by being listed immediately threatened. This found). In the past, this commentor under the Act. One commentor, although commentor also stated that because claimed to have found five new not specifically opposing the rule, stated most butterfly collectors know the colonies, but would not disclose their that he believed the species would not location of the two major colonies, the locations. Based on the fact that Dr. receive additional benefits from being Uncompahgre fritillary would not be Brassard and colleagues found only one listed, because he believed that the further jeopardized by specifically of his undisclosed colonies in their Forest Service and Bureau of Land revealing the colony locations. searches, this commenter extrapolated Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations 28715 that there must be 40-50 colonies in the available, the Service has determined Uncompahgre Peak population San Juans and southern Sawatch Range. that the Uncompahgre fritillary butterfly (Interagency Agreement 1984). The He recommended that the Service use a should be classified as an endangered genus Boloria is extremely popular with helicopter and qualified butterfly colony species. Procedures found at section collectors. Specimens of B. acrocnema locators to find all the probable 4(a)(1) of the Act and regulations (50 have been offered by dealers for prices colonies. CFR part 424) promulgated to implement exceeding $100 for males and even Response: The Service agrees that the the listing provisions of the Act were higher prices for females (Gall 1983). Uncompahgre fritillary may be more followed. A species may be determined Collecting from small colonies or abundant than is currently known but it to be an endangered or threatened repeated handling and marking must make its assessment of species due to one or more of the five (particularly of females and/or in years endangerment based on the best factors described in section 4(a)(1). of low abundance) could seriously available scientific and commercial data These factors and their application to damage the populations through loss of available. The Service cannot accept the Uncompahgre fritillary butterfly individuals and genetic variability. this commenter’s four undisclosed [Boloria acrocnema) are as follows: Collection of females dispersing from a colonies as fact without independent A. The Present or Threatened colony also can reduce the probability scientific confirmation of their location Destruction, Modification, or that new colonies will be founded. and magnitude. Until such time that Curtailment if its Habitat or Range Continual walking over the colony areas sufficient populations are verified that by collectors or researchers could result are not threatened, the Service must The populations of the butterfly in mortality of the butterfly’s early consider the Uncompahgre fritillary as known to the Service are on Federal stages or change the nature of the an endangered species. land. The Uncompahgre Peak habitat is habitat. Extremely small populations, Issue 4: Whether the Uncompahgre in the Big Blue Wilderness in the such as those of the Uncompahgre fritillary is a subspecies. One Uncompahgre National Forest while fritillary, should not be subjected to commenter stated that the Uncompahgre site 2 is in a wilderness study area or undue pressure from collectors or fritillary is a subspecies of the dingy land administered by the Bureau of researchers. arctic fritillary (Boloria improba), while Land Management. Both areas are another commenter stated that she is above timberline, hence there are not C. Disease or Predation aware of the issue and believes that the threats from logging. Mining activity There are no known diseases of the butterfly is a full species. The first does not appear to be a threat to the butterfly that could threaten its commenter stated as his evidence that known population. Historically, herds of sheep were driven over both mountains continued existence. Wilcove (1980) the Uncompahgre fritillary is similar in recorded an instance of direct predation appearance, hostplants, and habits to where the butterflies occur, but the Bureau of Land Management and Forest on the butterfly by a brown-capped rosy Wyoming and Alberta populations of finch [Leucosticte australis), and Boloria improba. He stated that Edward Service do not allow grazing at the major sites. identified other potential avian Pike and Clyde Gillette, two advanced predators. However, there is no amateurs, also believe that Boloria Traffic deviating from the main hiking trail to the summit of Uncompahgre indication as yet that predation is a acrocnema should be referred to as significant threat. Boloria improba acrocnema. In their Peak could impact the colony on that letters, Dr. Brussard and Dr. Britten mountain, but there seems to be no D. The Inadequacy o f Existing referred to the butterfly as Boloria evidence that hikers or pack horses Regulatory Mechanisms acrocnema, but also used the name have damaged the nature of the Boloria improba/acrocnema group or butterfly’s habitat. One day’s The Uncompahgre Peak site is in the complex for the grouping that includes observation by the author of this rule Big Blue Wilderness. In addition to both species. demonstrated that hikers do not linger wilderness management restrictions, the Response: The Service is aware that or rest in the colony area. Moreover, Forest Service has prohibited the the known occurrences of the pack horses are uncommon on this trail. collection of butterflies on Uncompahgre Uncompahgre fritillary are at the A hiking trail passes near site 2, but Peak since 1984. Nevertheless, it has southernmost end of a series of B. routing changes were made to the trail been reported that some collectors may improba populations extending down to reduce the likelihood that hikers will be collecting the species despite the ban. the Rocky Mountain cordillera from the deviate from the trail and cross through There is no sheep grazing on the site at Arctic. Whether the Uncompahgre the butterfly site. Trampling of the the present time, and there is a proposal fritillary is referred to as a species or colonies by collectors or biologists is a to restrict horse use on an area subspecies depends on whether it is potential threat, but there has been no downslope from the butterfly site. Site 2 reproductively and behaviorally demonstrated habitat change due to this is located in a wilderness study area. compatible with B. improba populations. factor. The Bureau of Land Management has Currently, no direct information exists The other two locations are small and terminated grazing in this area, but there on which to make this decision, but the remote, and no information on extent is no prohibition against collecting. The preponderance of expert opinion is that habitat-related threats is available. Colorado Division of Wildlife does not possess the legal authority to protest the the full species designation is most B. Overutilization for Commercial, suitable. In any event, even if species. The Colorado Natural Areas Recreational, Scientific, or Educational Program has registered, but not yet considered as a subspecies, the decision Purposes to list would be unaffected because designated, the Uncompahgre Peak site endangered subspecies also qualify for The Uncompahgre fritillary butterfly as a State Natural Area. This means that full protection under the Act. has been the subject of intense sampling the site has been identified as one by biologists and collectors since its deserving special attention, but a Summary of Factors Affecting the discovery. In 1981, collection of the management agreement (for a Natural Species species for research or marketing to Area) has not been finalized. In 1984, the After a through review and private collectors probably exceeded Forest Service and Bureau of Land consideration of all information 100 adults, or up to 20 percent of the Management signed an interagency 28716 Federal Register / Vol, 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations

agreement for the conservation of the extinction from natural (e.g., drought, is not presently prudent for the Uncompahgre fritillary. The parties are exceptionally warm temperatures) or Uncompahgre fritillary. As discussed implementing this agreement, but the human (e.g., overcollection) causes. In under Factor B in the “Summary of level of implementation is limited by addition, random demographic effects Factors Affecting the Species,” possible available funding. (e.g., skewed sex ratios) and/or loss of overcollection of this butterfly is one of These voluntary efforts on the part of alleles due to random genetic effects the major threats to its existence. the Forest Service, Bureau of Land could cause permanent loss of one or Though some collectors know of the Management, and the Colorado Natural both populations. Uncompahgre Peak site, the exact Areas Program are commendable. As noted earlier, this butterfly has the location of site 2 is not generally known. Having identified the Uncompahgre smallest known range of any North Publication of the exact location of these fritillary as a species in need of American species when the total area sites would endanger the species protection, they have taken important occupied by the two verified major further. The Forest Service and the steps to protect this species. However, colonies are considered. Although small Bureau of Land Management, upon these species-specific protections are habitat size might normally be a threat whose land the butterfly Occurs, are discretionary and could be withdrawn in itself, the colonies are placed such aware of the location of the butterfly or lapse in effectiveness if funding that snow avalances, fire, or other kinds populations and the importance of diminishes. Federal listing of the of calamities are not likely. protecting this species’ habitat. butterfly would provide a greater level The Service has carefully assessed the Protection of this species’ habitat will be of protection. Listing would ensure that best scientific and commercial addressed through the management Federal Agencies would not take actions information available regarding the past, measures already in place, the recovery likely to jeopardize the species, and present, and future threats faced by this process, and section 7 procedures. promote efforts toward species species in determining to make this rule recovery. It also would allow for the final. Based on this evaluation, the Available Conservation Measures prosecution of collectors under Federal preferred action is to list the Conservation measures provided to law and provide for the issuance oi Uncompahgre fritillary butterfly [Boloria species listed as endangered or permits to limit and manage those who acrocnema) as endangered. Since the threatened under the Endangered wish to conduct scientific studies of the species’ discovery in 1978, only two Species Act include recognition, butterfly. Finally, it would improve the major colonies and two possible small recovery actions, requirements for cooperating agencies’ chances of colonies have been verified, and, based Federal protection, and prohibitions obtaining additional funding to protect, on available data, the total population against certain practices. Recognition research, and recover the species. has declined* The odd-year population through listing encourages and results in at the type locality already may be E. Other Natural or Manmade Factors extinct. Despite the administrative conservation actions by Federal, State, Affecting its Continued Existence protections Currently being and private agencies, groups, and individuals. The Act provides for Many other factors threaten the implemented, the remaining populations continued existence of the Uncompahgre are endangered by taking by collectors, possible land acquisition and fritillary. First, the butterfly exists only adverse climatic changes, lack of cooperation with the States and requires in the highest, wettest peaks in protective regulations, small population that recovery actions be carried out for southwestern Colorado. Biologists who size, and low genetic variation. The all listed species. Thei protection completed population surveys of the species’ habitat is potentially threatened required of Federal Agencies and the butterfly in 1987-88 believe that several by trampling from humans and prohibitions against taking and harm are recent drought years have stressed the livestock. These factors could lead to discussed, in part, below. butterfly, which evidently requires a the species' extinction throughout all or Section 7(a) of the Act, as amended, cool and wet microhabitat to a significant portion of its range. requires Federal Agencies to evaluate successfully complete development Therefore, the Uncompahgre fritillary their actions with respect to any species (Brussard and Britten 1989). Climatic qualifies for endangered status as that is proposed or listed as endangered stress may be a major factor underlying defined by the Act. or threatened and with respect to its recent population declines. If so, The Service recognizes that listing the critical habitat, if any is being populations of the butterfly would species may increase collection designated. Regulations implementing possible disappear if predictions about pressures due to the loss of protective this interagency cooperation provision global warming become a reality anonymity. However, the Service is of the Act are codified at 50 CFR part (Brussard, Univ. of Nevada, in litt., required to list species deserving of the 402. Section 7(a)(2) requires Federal 1990). Act’s protection, and final listing will Agencies to insure that activities they If the species does have a biennial life provide additional protection, as authorize, fund, or carry out are not history, then the possible extinction of explained above, and encourage actions likely to jeopardize the continued the odd-year population at to recover the species. The decision not existence of a listed species or to Uncompahgre Peak is cause for concern. to designate critical habitat will reduce destroy or adversely modify its critical Odd-year and even-year broods function any possible threat of increased habitat. If a Federal action may affect a essentially as separate populations. It overcollection that might result from listed species or its critical habitat, the may be possible for an extinct odd-year listing the species. responsible Federal Agency must enter population to be re-established if a few into formal consultation with the individuals from the even-year brood at Critical Habitat Service. the same site take 3 years instead of 2 Section 4(a)(3) of the Act requires, to Current Federal involvement and years to complete development, but re­ the maximum extent prudent and management for the species was establishment would be very slow. determinable, that the Secretary discussed earlier. Long-term monitoring The small population size and limited designate critical habitat at the time that should be continued, as well as research genetic variability of the species is itself a species is determined to be into the species’ life history and habitat a threat. The small size of the known endangered or threatened. The Service requirements. If possible, artificial populations makes them vulnerable to finds that designation of critical habitat recolonization should be attempted to Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations 28717 establish additional colonies in suitable References Cited Seidl, A. 1990. Final report on the habitat to reduce the risk of extinction. Uncompahgre fritillary, Boloria Brussard, P.F., and H. Britten. 1989. The acrocnema. Unpublished report prepared The Act and its implementing status of the Uncompahgre fritillary for the Bureau of Land Management, in regulations found at 50 CFR 17.21 set [Bolotia acrocnema). Final report U.S. Fish and Wildlife Service files, forth a series of general prohibitions and prepared for the U.S. Forest Service, Denver, Colorado. 7 pp. exceptions that apply to all endangered Bureau of Land Management, and Fish Seidl, A. 1991. Addendum to final report on wildlife. These prohibitions, in part, and Wildlife Service. Montana State the Uncompahgre fritillary, Boloria make it illegal for any person subject to University. Bozeman. 47 pp. plus tables acrocnema. Letter and addendum the jurisdiction of the United States to and figures. prepared for the Bureau of Land Ferris, C.D. 1984. Overview of Clossiana Management, in U,S. Fish and Wildlife take (includes harass, harm, pursue, improba (Butler) in North America with a Services files, Denver, Colorado. 4 pp. hunt, shoot, wound, kill, trap, or collect; description of a new subspecies from Wilcove, D.S. 1980. A report on the birds of or to attempt any of these), import or Wyoming (Nymphalidae: Argynninae). Uncompahgre with reference to their export, ship in inter-State commerce in Bulletin of the Allyn Museum 89:1-7. predation on Boloria acrocnema. the course of commercial activity, or sell Ferris, C.D. 1989. Supplement to: A catalogue/ Unpublished report prepared for Larry or offer for sale in inter-State or foreign checklist of the butterflies of America Gall and the Xerces Society, in U.S. Fish commerce any listed species. It also is north of Mexico. The Lepidopterists and Wildlife Service files, Denver, illegal to possess, sell, deliver, carry, Society, Memoir No. 3.103 pp. Colorado. 5 pp. transport, or ship any such wildlife that Ferris, C.D., and F.M. Brown, eds. 1981. Butterflies of the Rocky Mountain States. Author has been taken illegally. Certain University of Oklahoma Press, Norman. The primary' author of this final rule is exceptions apply to agents of the 442 pp. Dr. Paul A. Opler, Office of Information Service and State conservation Gall, L.F. 1983. Uncompahgre fritillary Transfer, U.S. Fish and Wildlife Service, agencies. butterfly, pp. 477-479 in The IUCN 1025 Pennock Place, Suite 212, Fort Permits may be issued to carry out invertebrate red data book. S.M. Wells, Collins, Colorado 80524 (303/493-8401; otherwise prohibited activities involving R.M. Pyle, N.M. Collins, eds. FTS 323-5401). endangered wildlife species under International Union for Conservation of certain circumstances. Regulations Nature and Natural Resources, Gland, List of Subjects in 50 CFR Part 17 governing permits are at 50 CFR 17.22 Switzerland. 632 pp. Gall, L.F. 1984. Population structure and Endangered and threatened species, and 17.23. Such permits are available for recommendations for conservation of the Exports, Imports, Reporting and scientific purposes, to enhance the narrowly endemic alpine butterfly, recordkeeping requirements, propagation or survival of the species, Bolaria acrocnema (Lepidoptera: Transportation. and/or for incidental take in connection Nymphalidae). Biological Conservation with otherwise lawful activities. 28:111-138. Regulation Promulgation Réquests for copies of the regulations on Gall, L.F, and F.A.H. Sperling. 1980. A new PART 17—[AMENDED] animals and inquiries regarding them high altitude species of Bolaria from may be addressed to the Office of southwestern Colorado (Nymphalidae), Accordingly, part 17, subchapter B of Management Authority, U.S. Fish and with a discussion of phenetics and chapter I, title 50 of the Code of Federal Wildlife Service, room 432, 4401 N. hierarchical decisions. Jour. Lepid. Soc. Regulations is amended, as set forth Fairfax Drive, Arlington, Virginia 22203 34:230-252. below: Interagency Agreement. 1984. Interagency (703/358-2093 or FTS 921-2093). agreement and species management 1. The authority citation for part 17 continues to read as follows: National Environmental Policy Act perspective for Mt. Uncompahgre fritillary butterfly (Boloria acrocnema). Authority: 16 U.S.C. 1361-1407; 16 U.S.C. The Service has determined that an U.S. Forest Service and U.S. Bureau of 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99- Environmental Assessment, as defined Land Management. Gunnison, Colorado. 625,100 Stat. 3500, unless otherwise noted. under the authority of the National 52 pp. 2. Amend § 17.11(h) by adding the Environmental Policy Act of 1969, need Pyle, R.M. 1981. The Audubon Society field guide to North American butterflies. following, in alphabetical order under not be prepared in connection with INSECTS, to the List of Endangered and regulations adopted pursuant to section Alfred A Knoph, New York. 916 pp. Scott, J.A 1986. The butterflies of North Threatened Wildlife: 4(a) of the Act of 1973, as amended. A America, a natural history and field notice outlining the Service’s reasons for § 17.11 Endangered and threatened guide. Stanford University Press. wildlife this determination was published in the Stanford, California. 583 pp. Federal Register on October 25,1983 (48 * *. * w * FR 49244). (h) * * *

Species Vertebrate Historic range ^°where Status When listed habitat Common name Scientific name endangered or threatened

In s e c t s # *" * • * * Butterfly, Uncompahgre tritìi- Boloria acrocnema...... :.—..... U.S.A. (CQ) ...... N A...... E 427 NA NA lary. 28718 Federal Register / V ol 56, No. 121 / M onday, June 24, 1991 / Rules and Regulations

Dated: June 6,1991. FOR FURTHER INFORMATION CONTACT: another 90-day period, and to institute Suzanne Mayer, Svein Fougner, Fisheries Management immediately three modifications to the Acting Director, Fish and Wildlife Service. Division, Southwest Region, Terminal emergency rule: (1) Extend permit [FR Doc. 91-14970 Filed 6-21-91; 8:45 am] Island, California (213) 514-6660, or eligibility to persons who, prior to June BILLING CODE 4310-55-M Kitty M. Simonds, Executive Director, 21,1990, had made substantial financial Western Pacific Fishery Management commitment or investment in the Council, Honolulu, Hawaii (808) 523- refitting of a vessel for participation in 136& the fishery in the EEZ surrounding DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: Under Hawaii and who can establish intent to National Oceanic and Atmospheric the emergency action authority of participate in the fishery prior to or at Administration section 305(c) of the Magnuson Fishery the time of the commitment or Conservation and Management Act investment; (2) allow a permit holder to 50 CFR Part 685 (Magnuson Act), the Secretary issued an transfer a limited entry permit with the emergency rule (50 FR 14866, April 12, sale of the vessel one time during the [Docket No. 900793-1062} 1991) temporarily amending the Fishery combined emergency moratorium and Management Han for Pelagic Fisheries subsequent moratorium through a Pelagic Fisheries of the Western of the Western Pacific Region (FMP) and regular plan amendment; and (3) clarify Pacific Region its implementing regulations. The rule, application of the rule to vessels owned which was made effective from 0001 by corporations and partnerships. AGENCY: National Marine Fisheries Service (NMFS), NQAA, Commerce. hours local time April 23,1991, The Council requested that the establishes a moratorium on additional proposed modifications be made ACTION: Emergency interim rule; entry into the Hawaii longline fishery to effective as soon as possible. effective date extension and provide a period of stability and allow The requested modifications will modification of permit criteria for for development of an amendment to the make the provisions of the emergency Hawaii longline fishery moratorium. FMP providing for long-term rule identical to the provisions agreed management. upon for the subsequent plan s u m m a r y : The Secretary of Commerce (Secretary) modifies and extends an Under the moratorium, permits for the amendment The Council would like emergency rule now in effect that fishery are limited to persons who these modifications to be effective as establishes a moratorium on issuing certify that they were: (1) Owners of soon as possible because of the permits for the longline fishery for vessels when those vessels made financial hardships that would result if pelagic management unit species around landings in Hawaii of longiine-caught they were not implemented during the Hawaii. The eligibility criteria for management unit species prior to emergency period. At least 12 longline limited entry permits issued during the December 5,1990; (2) persons who were vessels that will qualify for limited entry moratorium are modified. The purpose owners of vessels that had engaged in permits when the planned 3 year of this extension of the emergency rule transshipments of longiine-caught moratorium is implemented are is to provide a continued period of management unit species in the otherwise prohibited from participating stability necessary for the Western exclusive economic zone (EEZ) off in the longline fishery during the Pacific Fishery Management Council Hawaii prior to December 5,1990; (3) emergency period. Preventing these (Council) and NMFS to carry out a persons who made a substantial fishing vessels from fishing during the systematic, long-range fishery planning financial commitment or investment in emergency period will cause hardships process; reduce the crisis atmosphere in gear prior to December 5,1990, for a not intended by the Council. The the fishery; maximize fishing vessel owned by the person and located Council also recognized that if permits opportunities for fishermen; and in Hawaii prior to December 5,1990, so cannot be transferred with the sale of minimize speculative sale of permits. that the vessel could participate in the the vessel, fishing opportunities will be The purpose of modifying the emergency fishery; or (4) persons who by June 21, limited, with severe adverse effect on provisions is to correct unanticipated 1990, had made a substantial financial the value of the owners’ vessels, which discrepancies between the emergency commitment or investment in the are their most significant asset In and the long-term management plan. construction of a new fishing vessel for addressing this concern by allowing the participation in the fishery and intended The modifications are expected to one-time transfer of permits, the Council clarify ambiguities and relieve hardships contemporaneously with the investment also intended to minimize any on certain participants in the fishery. to participate in the fishery. Permits are speculative sale of permits. not transferable from one owner to The Council is proceeding with an EFFECTIVE DATE: The amendments to another during the emergency period amendment to the FMP to extend the § 685.15 (a)(2) through (c)(4) are effective except in cases of extreme hardship moratorium for 3 years. The purpose of from 0000 hours local time June 19,1991. such as death or terminal illness the moratorium is to allow the Council, The interim regulations published on preventing the vessel owner from NMFS, and industry to continue with April 12,1991, (56 FR 14866), as participating in the fishery. The hardship data collection and analysis, evaluation amended by this document, are determination will be made by the of long-term management alternatives, extended from 0000 hours local time July Regional Director in consultation with including limited entry, and selection of 12,1991, through 2400 hours local time the Council. A permit holder can also a long-term management regime. October 9,1991. replace the originally qualifying vessel O th er M atters ADDRESSES: Copies of the with another vessel provided the environmental assessment prepared for Regional Director determines that the The emergency rule is exempt from the emergency rule may be obtained replacement vessel has comparable the normal review procedures of from E.C. Fullerton, Director, Southwest harvesting capacity. Executive Order 12291 as provided in Region, National Marine Fisheries At its meeting on May 16,1991, the section 8(a)(1) of that order. Because the Service, 300 South Ferry Street, Council voted to request that the circumstances in the fishery at the time Terminal Island, CA 90731. Secretary extend the moratorium for of implementation of the emergency Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Rules and Regulations 28719 interim rule still exist, the Secretary redesignated as (c)(3), and paragraphs transferable with the sale of the vessel extends for 90 days the effective date of (c)(2) and (c)(4) are added. See the on one occasion in the period covered the rule under section 305(c)(3)(B) of the “EFFECTIVE DATE” section in the by this rule. Magnuson Act. preamble of this document. (2) In addition to the one-time transfer List of Subjects in 50 CFR Part 685 allowed by paragraph (c)(1) of this § 685.15 Limited entry permits. section, the Regional Director, in Fisheries, Fishing, Reporting and (a) (1) * * * consultation with the Council, may recordkeeping requirements. (2) The person made a substantial allow the transfer of a limited entry Dated: June 17,1991. financial commitment or investment by permit with transfer of ownership of the Michael F. Tillman, June 21,1990, for construction of a new vessel in cases of extreme hardship such Acting Assistant Administrator for Fisheries, vessel or refitting of a vessel and as death or terminal illness preventing National Marine Fisheries Service. intended at the time the investment was the vessel owner from participating in For the reasons set out in the made that the vessel was to be used in the fishery. preamble, 50 CFR part 685 is amended the longline fishery in Hawaii or in the (3) * * * as follows: EEZ around Hawaii upon completion of (4) A limited eptry permit may be held construction or refitting of the vessel. by a partnership or corporation. In such PART 685—PELAGIC FISHERIES OF (b) Duration. Limited entry permits a case, if fifty percent (50%) or more of WESTERN PACIFIC REGION issued under this section are valid until the ownership of the partnership or corporation that originally qualified for L The authority citation for part 685 they are revoked, suspended, modified under 15 CFR part 904, or until 2400 the permit changes, then the permit continues to read as follows: hours local time October 9,1991, lapses and must be surrendered to the Authority: 16 U.S.C. 1801 et seq. whichever comes first. Regional Director. 2. In § 685.15, paragraphs (a)(2), (b), (c) Transfer.' (1) Limited entry permits [FR Doc. 91-14884 Filed 6-19-91; 8:45 am| and (c)(1) are revised, mragraph (c)(2) is issued under this section are BILLING CODE 3510-22-M 28720 Proposed Rules Federal Register Voi. 56, No. 121 Monday, June 24, 1991

This section of the FEDERAL REGISTER Washington, DC 20591; telephone (202) applies to the overhauled or repaired contains notices to the public of the 267-3132. parts he is installing. proposed issuance of rules and FOR FURTHER INFORMATION CONTACT: [FR Doc. 91-14944 Filed 6-21-91; 8:45 am] regulations. The purpose of these notices Ida Klepper, Office of Rulemaking BILLING CODE 4910-13-M is to give interested persons an opportunity to participate in the rule (ARM-1), Federal Aviation making prior to the adoption of the final Administration, 800 Independence rules. Avenue, SW., Washington, DC 20591; 14 CFR Parts 21 and 25 telephone (202) 267-9688. This notice is published pursuant to [Docket No. NM-58; Notice No. SC-91-6- DEPARTMENT OF TRANSPORTATION paragraphs (b) and (f) of § 11.27 of part NM] Federal Aviation Administration 11 of the Federal Aviation Regulations^ (14 CFR part 11). Special Conditions: McDonnell Douglas DC-9 Airplanes: Lightning and 14 CFR Chapter I Issued in Washington, DC, on June 19,1991. High Intensity Radiated Fields (HIRF) [Summary Notice No. PR-91-13] Deborah E. Swank, Acting Manager, Program Management Staff, a g e n c y : Federal Aviation Petition for Rulemaking; Summary of Office of the Chief Counsel, Administration (FAA), DOT. ACTION: Notice of proposed special Petitions Received; Dispositions of Petitions for Rulemaking Petitions Issued conditions. Docket No.: 26553. AGENCY: Federal Aviation Petitioner: West Coast Air Charter. Inc. s u m m a r y : This notice proposes special Administration (FAA), DOT. Regulations Affected: 14 CFR § 135.31. conditions for certain McDonnell ACTION: Notice of petitions for Description of Petition: Petitioner would Douglas DC-9 airplanes modified by rulemaking received and of dispositions add provisions to the existing section ABX Air, Inc. These airplanes are of prior petitions. stating that no person may advertise equipped with high-technology digital or otherwise offer to perform any avionics systems that perform critical s u m m a r y : Pursuant to FAA’s operations subject to this part without and essential functions. The applicable rulemaking provisions governing the an appropriate Operating Certifícate regulations do not contain adequate or application, processing, and disposition and Operation Specifications; and no appropriate safety standards for the of petitions for rulemaking (14 CFR part person may engage in operations as a protection of these systems from the 11), this notice contains a summary of broker unless licensed by the LATA effects of lightning and high-intensity certain petitions requesting the initiation and is a member of Association of radiated fields (HIRF). This notice of rulemaking procedures for the Retail Travel Agents. proposes additional safety standards amendment of specified provisions of Petitioner’s Reason for the Request: The that the Administrator considers the Federal Aviation Regulations and of petitioner believes that non certificate necessary to ensure that the critical and denials or withdrawals of certain holders can and do advertise that they essential functions that these systems petitions previously received. The have all types of aircraft for charter perform are maintained when the purpose of this notice is to improve the without any assurances that they are airplane is exposed to lightning and public’s awareness of, and participation complying with the Federal Aviation HIRF. in, this aspect of FAA’s regulatory Regulations and that brokers activities. Neither publication of this DATES: Comments must be received on advertise to an unsuspecting public or before August 8,1991. notice nor the inclusion or omission of and are virtually unnoticed by any information in the summary is intended ADDRESSES: Comments on this proposal regulating authority. may be mailed in duplicate to: Federal to affect the legal status of any petition Docket No.: 26569. or its final disposition. Petitioner: Mr. Richard Wussler. Aviation Administration, Office of the d a t e s : Comments on petitions received Regulations Affected: 14 CFR part 43 Assistant Chief Counsel, Attn: Rules must identify the petition docket number appendix B. Docket (ANM-7), Docket No. NM-58, involved and must be received on or Description of Petition: Petitioner would 1601 Lind Avenue SW., Renton, before August 23,1991. align the requirements of a person or Washington, 98055-4056; or delivered in duplicate to the Office of the Assistant a d d r e s s e s : Send comments on any repair station making and recording a petition in triplicate to: Federal Aviation major repair or major alteration with Chief Counsel at the above address. Administration, Office of the Chief the requirements of § 43.9. Comments must be marked: Docket No. Counsel, Attn: Rules Docket (AGC-10), Petitioner’s Reason for the Request: The NM 58. Comments may be inspected in Petition Docket No.------, 800 petitioner believes that repair stations the Rules Docket weekdays, except Independence Avenue, SW., are circumventing the requirements of Federal holidays, between 7:30 a.m. and Washington, DC 20591. § 43.9 by citing part 43 appendix B 4:00 p.m. The petition, any comments received, and claiming that the owner of the FOR FURTHER INFORMATION CONTACT: and a copy of any final disposition are aircraft is being advised as to the Woody Boyce, FAA, Standardization filed in the assigned regulatory docket details via a copy of the work Branch, ANM-113, Transport Airplane and are available for examination in the attached to his/her invoice while the Directorate, Aircraft Certification Rules Docket (AGC-10), room 915G, technician performing the installation Service, 1601 Lind Avenue SW., Renton, FAA Headquarters Building (FOB 10A), has no substantial documentation to Washington, 98055-4046; telephone (206) 800 Independence Avenue, SW., show compliance with § 43.9 as it 227-2137. Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules 28721 TniB>i^MrirTf[i»»nH^wwTnifTiyr">gMwirmnH«BnwriaBrgrw«rTTirwwwirrTTiiini*'r,‘11* i m i w i n m iiiif in w iiriiiiM ssi ii i » M W ’nnrMMnmrEinwTTWNinnragwrBWWMMWiwriR~wiiTTfrrmT,HT

SUPPLEMENTARY INFORMATION: conditions are prescribed by the the regulations incorporated by Administrator. reference, special conditions are Comments Invited Based on the provisions of § § 21.101 proposed for the McDonnell Douglas Interested persons are invited to (a) and (b), ABX Air, Inc. will have to DC-9 that would require that the EFIS participate in the making of the show compliance with the basic type and Flight Director be designed and proposed special conditions by certification basis per Type Certificate installed to preclude component damage submitting such written data, views, or Data Sheet (TCDS) No. A6WE, plus the and interruption of function due to both arguments as they may desire. following FAR Part 25 requirements, up the direct and indirect effects of Communications should identify the to Amendment 25-72, that are deemed lightning and HIRF. regulatory docket or notice number and necessary to provide an adequate level be submitted in duplicate to the address of safety: § 25.869(a), §§ 25.1303 (a), (b), Lightning specified above. All communications and (c); § § 25.1309 (a) thru (g); To provide a means of compliance received on or before the closing date §§ 25.1321(e); § 25.1322 (a) thru (d); with the proposed special conditions, for comments will be considered by the §§ 25.1331 (a) and (b); §§ 25.1333 (a), (b), clarification of the threat definition for Administrator before taking action on and (c); § 25.1335, §§ 25.1355 (a) and (c); lightning is needed. The following this proposal. The proposal contained in §§ 25.1359; (a) thru (d); §§ 25.1431 (a), ‘‘threat definition,” based on FAA this notice may be changed in light of (b) , and (c); § 25.1525; § 25.1529: and Advisory Circular 20-136, Protection of comments received. All comments § 25.1541(a). Aircraft Electrical/Electronic Systems submitted will be available in the Rules If the Administrator finds that the Against the Indirect Effects of Lightning, Docket for examination by interested applicable airworthiness regulations dated March 5,1990, is proposed as a persons, both before and after the (i.e., part 4b plus applicable part 25 basis to use in demonstrating closing date for comments. A report requirements) do not contain adequate compliance with the proposed lightning summarizing each substantive public or appropriate safety standards for the protection special condition. contact with FAA personnel concerning Douglas DC-9 because of a novel or The lightning current waveforms this rulemaking will be filed in the unusual design feature, special (Components A, D, and H) defined docket. Persons wishing the FAA to conditions are prescribed under the below, along with the voltage acknowledge receipt of their comments provisions of § 21.18 to establish a level waveforms in Advisory Circular (AC) submitted in response to this notice of safety equivalent to that established 20-53A, will provide a consistent and must submit with those comments a self- in the regulations. reasonable standard which is addressed, stamped postcard on which Special conditions, as appropriate, are acceptable for use in evaluating the the following statement is made: issued in accordance with § 11.49 of the effects of lightning on the airplane. "Comments to Docket No. NM-58.” The FAR after public notice, as required by These waveforms depict threats that are postcard will be date/time stamped, and | § 11.28 and 11.29(b), and become part external to the airplane. How these returned to the commenter. of the type certification basis in threats affect the airplane and its Background accordance with § 21.101. systems depend upon their installation On November 2,1990, ABX Air Inc. of Discussion configuration, materials, shielding, Wilmington, Ohio, applied for a The existing lightning protection airplane geometry, etc. Therefore, tests supplemental type certificate to modify airworthiness certification requirements (including tests on the completed Douglas DC-9 -11, -12, -13, -14, -15, -21, are insufficient to provide an acceptable airplane or an adequate simulation) -31, -32, -32F, -33F, -34, -34F, -41, and - level of safety with the new technology and/or verified analyses need to be 51 airplanes. The DC-9 is a two-crew, avionic systems. There are two conducted in order to obtain the two-engine, turbine airplane with a regulations that specifically pertain to resultant internal threat to the installed maximum takeoff weight up to 122,200 lightning protection; one for the airframe systems. The electronic systems may lbs. The proposed modification in general (§ 25.581), and the other for then be evaluated with this internal incorporates the installation of an fuel system protection (§ 25.954). There threat in order to determine their Electronic Flight Information System are, however, no regulations that deal susceptibility to upset and/or (EFIS) and Flight Director. The specifically with protection of electrical malfunction. equipment originally installed in these and electronic systems from lightning. To evaluate the induced effects to airplanes presented the required The loss of a critical function of these these systems, three considerations are information in the form of analog systems due to lightning could prevent required: displays. The information presented is continued safe flight and landing of the 1. First Return Stroke: (Severe both flight critical and essential. The airplane. Although the loss of an Strike—Component A, or Restrike— EFIS as a digital system is vulnerable to essential function would not prevent Component D). This external threat lightning and high-intensity radiated continued safe flight and landing, it needs to be evaluated to obtain the fields external to the airplane. could significantly impact the safety resultant internal threat and to verify level of the airplane. that the level of the induced currents Supplemental Type Certification Basis There is also no specific regulation and voltages is sufficiently below the Under the provisions of § 21.115, that addresses protection requirements equipment “hardness” level. Subchapter C, of the FAR, ABX Air, Inc. for electrical and electronic systems 2. Multiple Stroke Flash: (Vfe must show that the modified DC-9 from HIRF. Increased power levels from Component D). A lightning strike is airplanes meet the regulations ground based radio transmitters and the often composed of a number of incorporated by reference in Type growing use of sensitive electrical and successive strokes, referred to as Certificate No. A6WE, as specified in electronic systems to command and multiple strokes. Although multiple § 21.101(a), unless: (1) Otherwise control airplanes have made it strokes are not necessarily a salient specified by the Administrator, (2) necessary to provide adequate factor in a damage assessment, they can compliance with later effective protection. be the primary factor in a system upset amendments is elected or required To ensure that a level of safety is analysis. Multiple strokes can induce a under § § 21.101 (a) or (b); or (3) special achieved equivalent to that intended by sequence of transients over an extended 28722 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules period of time. While a single event 3. Multiple Burst: (Component H). In­ Each set of 20 strokes is made up of 20 upset of input/output signals may not flight data-gathering projects have repetitive Component H waveforms affect system performance, multiple shown bursts of multiple, low amplitude, distributed within a period of one signal upsets over an extended period of fast rates of rise, short duration pulses millisecond. The minimum time between time (2 seconds) may affect the systems accompanying the airplane lightning individual Component H pulses within a under consideration. Repetitive pulse strike process. While insufficient energy burst is lOjxs, the maximum is 50/lis. The testing and/or analysis needs to be exists in these pulses to cause physical 24 bursts are distributed over a period of carried out in response to the multiple damage, it is possible that transients up to 2 seconds according to the stroke environment to demonstrate that resulting from this environment may following constraints: (1) The minimum the system response meets the safety cause upset to some digital processing time between subsequent strokes is 10 objective. This external multiple stroke systems. ms, and (2) the maximum time between environment consists of 24 pulses and is The representation of this interference subsequent strokes is 200 ms. The described as a single Component A environment is a repetition of short individual “Multiple Burst” Component followed by 23 randomly spaced duration, low amplitude, high peak rate H waveform is defined below. restrikes of Vx magnitude of Component of rise, double exponential pulses which The following current waveforms D (peak amplitude of 50,000 amps}. The represent the multiple bursts of current constitute the "Severe Strike” 23 restrikes are distributed over a period pulses observed in these flight data (Component A), “Restrike” (Component of up to 2 seconds according to the gathering projects. This component is D), “Multiple Stroke” [Vz Component DJ, following constraints: (1) The minimum intended for an analytical (or test) and the “Multiple Burst” (Component time between subsequent strokes is 10 assessment of functional upset of the H). ms, and (2) the maximum time between system. Again, it is necessary that this These components are defined by the subsequent strokes is 200 ms. Am component be translated into an internal following double exponential equation: analysis or test needs to be environmental threat in order to be i(t)=Io(e-'‘—e-M) accomplished in order to obtain the used. This “Multiple Burst” consists of where; resultant internal threat environment for 24 random sets of 20 strokes each, t—time in seconds, the system under evaluation. distributed over a period of 2 seconds. i=current in amperes, and

Severe Multiple Multiple Strike Restrike Stroke (M» Burst (Component (Component Component (Component A) D) H) lo, amp...... 109,405 54,703 10,572 a, sec“ ...... ;...... - ■....;...... • m 11354 22,708 22,708 187,191 b. sec- *...... i ...... ______— R47 9RR 1,294,530 1,294,530 19,105,100

This equation produces the following characteristics:

U k ------...... — .....______.__ ;...... ______...... = 200 KA 100 KA 60 KA 10 KA and

(di/dt)nu*(amp/sec)...... 1.4 x 1 0 “ 0.7 X 10“ 2.0 X 10” @ t=0+sec @ t=0+sec @ t=0+sec @t=0-f sec di/dt, (amp/sec)...... 1.0 x 10“ 0.5 X 10“ @t=.5pa @ t= .25ps @ t=.25fiS Action Integral (amp* sec)...... 0.25 X 10« .0625 X 10«

High-Intensity Radiated Fields exposed in service. There is also 1. A minimum threat of 100 volts per With the trend toward increased uncertainty concerning the effectiveness meter peak electric field strength from power levels from ground based of airframe shielding for HIRF. 10 KHz to 18 GHz. transmitters, plus the advent of space Furthermore, coupling to cockpit a. The threat must be applied to the and satellite communications, coupled installed equipment through the cockpit system elements and their associated with electronic command and control of window apertures is undefined. Based wiring harnesses without the benefit of the airplane, the immunity of critical on surveys and analysis of existing airframe shielding. digital avionics systems, such as the HIRF emitters, an adequate level of b. Demonstration of this level of EFIS and Flight Director, to HIRF must protection exists when compliance with protection is established through system be established. the HIRF protection special condition is tests and analysis. It is not possible to precisely define shown with either paragraphs 1 or 2 2. A threat external to the airframe of the HIRF to which the airplane will be below: the following field strengths for the frequency ranges indicated. Federal Register / Vol. 56, No, 121 / Monday, June 24, 1991 / Proposed Rules ¿à®*

Aver­ manner after the airplane has been airplane is exposed to lightning and Frequency Peak age exposed to lightning. HIRF. (V/M) (V/M) 2. Protection from Unwanted Effects o f , DATES: Comments must be received on 10 KHz-500 KHz...... 80 80 High-Intensity Radiated Fields (HIRF) or before August 8,1991. 500 KHz-2 MHz...... 80 80 ADDRESSES: Comments on this proposal 2 MHz-30 MHz...... 200 200 Each electrical and electronic system 30 MHz-100 MHz...... 33 33 that performs critical functions must be may be mailed in duplicate to: Federal 100 MHz-200 MHz...... 33 33 designed and installed to ensure that the Aviation Administration, Office of the 200 MHz-400 MHz...... 150 33 operation and operational capability of Assistant Chief Counsel, Attn: Rules 400 MHz-1 GHz...... 8,300 2,000 Docket (ANM-7), Docket No. NM-59, 1 GHz-2 GHz...... 9,000 1,500 these systems to perform critical 2 GHz-4 GHz...... 17,000 1,200 functions are not adversely affected 1601 Lind Avenue SW., Renton, 4 GHz-6 GHz...... K 500 800 when the airplane is exposed to high- Washington 98055-4056; or delivered in 6 GHz-8 GHz...... 4’000 666 intensity radiated fields external to the duplicate to the Office of the Assistant 8 GHz-12 GHz...... 9,000 2,000 Chief Counsel at the above address. 12 GHz-20 GHz...... 4,000 509 airplane. 20 GHz-40 GHz...... 4,000 1,000 Comments must be marked: Docket No. 3. The following definitions apply with NM-59. Comments may be inspected in respect to these special conditions the Rules Docket weekdays, except The envelope given in paragraph 2 Critical Function. Functions whose Federal holidays, between 7:30 a.m. and above is a revision to the envelope used failure could contribute to or cause a 4 p.m. in previously issued special conditions failure condition that would prevent the FOR FURTHER INFORMATION CONTACT: in other certification projects. It is based continued safe flight and landing of the William Schroeder, FAA, on new data and SAE AE4R airplane. Standardization Branch, ANM-113, subcommittee recommendations. This Essential Functions. Functions whose Transport Airplane Directorate, Aircraft revised envelope includes data from failure could contribute to or cause a Certification Service, 1601 Lind Avenue Western Europe and the U.S. It will also failure condition that would significantly SW., Renton, Washington, 98055-4046; be adopted by the European Joint impact the safety of the airplane or the telephone (206) 227-2144. Airworthiness Authorities. ability of the flightcrew to cope with SUPPLEMENTARY INFORMATION: Conclusion adverse operating conditions. Comments Invited This action affects only certain Issued in Renton, Washington, on June 12, unusual or novel design features on one 1991. Interested persons are invited to model séries of airplanes. It is not a rule Darrell M. Pederson, participate in the making of the of general applicability and affects only Acting Manager, Transport Airplane proposed special conditions by the applicant who applied to the FAA Directorate, Aircraft Certification Service. submitting such written data, views, or . for approval of these features on the (FR Doc. 91-14926 Filed 6-21-91; 8:45 am] arguments as they may desire. airplane. BILLING CODE 4910-13-M Communications should identify the regulatory docket or notice number and List of Subjects in 14 CFR Parts 21 and be submitted in duplicate to the address 25 [14 CFR Parts 21 and 25] specified above. All communications Air transportation, Aircraft, Aviation received on or before the closing date safety, Safety. [Docket No. NM-59; Notice No. SC-91-7- for comments will be considered by the NM] The authority citation for these Administrator before taking action on special conditions is as follows: this proposal. The proposal contained in Special Conditions: British Aerospace this notice may be changed in light of Authority: 49 U.S.C. 1344,1348(c), 1352, (Commercial Aircraft) Ltd. Model 4100 1354(a), 1355,1421 through 1431,1502, comments received. All comments Series Airplanes; Lightning and High submitted will be available in the Rules 1651(b)(2). 42 U.S.C. 1857f-10, 4321 et seq.; Intensity Radiated Fields (HIRF) E.0.11514; and 49 U.S.C. 106(g). Docket for examination by interested AGENCY: Federal Aviation persons, both before and after the The Proposed Special Conditions Administration (FAA), DOT. closing date for comments. A report Accordingly, the Federal Aviation a c t i o n : Notice of proposed special summarizing each substantive public Administration (FAA) proposes the conditions. contact with FAA personnel concerning following special conditions as part of this rulemaking will be filed in the the supplemental type certification basis SUMMARY: This notice proposes special docket. Persons wishing the FAA to for the modified McDonnell Douglas conditions for the British Aerospace acknowledge receipt of their comments DC-9 airplanes: (Commercial Aircraft) Ltd. Model 4100 submitted in response to this notice series airplanes. These airplanes are must submit with those comments a self- i. Lightning Protection equipped with high-technology digital addressed, stamped postcard on which a. Each electrical and electronic avionics systems that perform critical or the following statement is made: system that performs critical functions essential Junctions. The applicable "Comments to Docket No. NM-59.” The must be designed and installed to ensure regulations do not contain adequate or postcard will be date/time stamped, and that the operation and operational appropriate safety standards for the returned to the commenter. capability of these systems to perform protection of these systems from the critical functions are not adversely effects of lightning and high-intensity Background affected when the airplane is exposed to radiated fields (HIRF). This notice On May 24,1989, British Aerospace lightning. proposes additional safety standards (Commercial Aircraft) Ltd. applied for a b. Each essential function of electrical which the Administrator considers type certificate for their new Model 4100 or electronic systems or installations necessary to ensure that the critical and series airplanes. The Model .4100 series must be protected to ensure that the essential functions that these systems is a pressurized, 29-passenger plus one function can be recovered in a timely perform are maintained when the cabin attendant, airplane with a 28724 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules maximum takeoff gross weight of 22,377 Discussion acceptable for use in evaluating the pounds, a maximum cruise speed of 250 The existing lightning protection effects of lightning on the airplane. knots, and a maximum operating airworthiness certification requirements These waveforms depict threats that are external to the airplane. How these altitude of 26,000 feet It is powered by are insufficient to provide an acceptable two Garrett TPE331-14GR/HR level of safety with the new technology threats affect the airplane and its turbopropeller engines mounted one on systems depend upon their installation avionic systems. There are two configuration, materials, shielding, each wing in tractor configuration. This regulations that specifically pertain to airplane incorporates a number of novel lightning protection; one for the airframe airplane geometry, etc. Therefore, tests or unusual design features, such as in general (§ 25.581), and the other for (including tests on the completed digital avionics including, but not fuel system protection (§ 25.954). There airplane or an adequate simulation) necessarily limited to, an electronic are, however, no regulations that deal and/or verified analyses need to be flight instrument system (EFIS), attitude specifically with protection of electrical conducted in order to obtain the and heading reference system (AHRS), and electronic systems from lightning. resultant internal threat to the installed light emitting diode (LED) displays for The loss of a critical function of these systems. The electronic systems may engine parameters, and engine hydro­ systems due to lightning could prevent then be evaluated with this internal mechanical fuel control units coupled continued safe flight and landing of the threat in order to determine their with integrated electronic controls airplane. Although the loss of an susceptibility to upset and/or (IEC’s). The IEC employs digital essential function would not prevent malfunction. electronics that provide numerous continued safe flight and landing, it To evaluate the induced effects to supervisory and trim functions including could significantly impact the safety these systems, three considerations are an automatic takeoff thrust control required: system (ATTCS), and propeller control level of the airplane. There is also no specific regulation 1. First Return Stroke: (Severe system features such as autofeather and that addresses protection requirements Strike—Component A, or Restrike— auto-shutdown. All such design features Component D). This external threat may be vulnerable to lightning and high- for electrical and electronic systems from high-intensity radiated fields needs to be evaluated to obtain the intensity radiated fields (HIRF) external resultant internal threat and to verify to the airplane. In addition to these (HIRF). Increased power levels from ground based radio transmitters and the that the level of the induced currents novel or unusual design features, the and voltages is sufficiently below the Model 4100 series also incorporates growing use of sensitive electrical and electronic systems to command and equipment “hardness” level; then other unrelated novel or unusual design 2. Multiple Stroke Flash: (% features. Those features are the subject control airplanes have made it necessary to provide adequate Component D). A lightning strike is of separate notices of proposed special often composed of a number of conditions. protection. To ensure that a level of safety is successive strokes, referred to as Type Certification Basis achieved equivalent to that intended by multiple strokes. Although multiple the regulations incorporated by strokes are not necessarily a salient Under the provisions of § 21.17 of the factor in a damage assessment, they can FAR, British Aerospace (Commercial reference, special conditions are proposed for the Model 4100 series be the primary factor in a system upset Aircraft) Ltd. must show that the Model analysis. Multiple strokes can induce a 4100 series meets the applicable which would require that the new technology electrical and electronic sequence of transients over an extended provisions of part 25, as amended by period of time. When a single event Amendments 25-1 through 25-66. In systems, such as the electronic flight instrument system (EFIS), attitude and upset of input/output signals may not addition, compliance with the noise affect system performance, multiple certification requirements of part 36 of heading reference system (AHRS), LED display for engine parameters, and signal upsets over an extended period of the FAR and the engine emission time (2 seconds) may affect the systems requirements of part 34 of die FAR, supervisory digital engine control, be through the latest amendments in effect designed and installed to preclude under consideration. Repetitive pulse at the time of awarding the type component damage and interruption of testing and/or analysis needs to be certificate, must be shown. The special function due to both the direct and carried out in response to the multiple conditions which may be developed as a indirect effects of lightning and HIRF. stroke environment to demonstrate that the system response meets the safety • result of this notice will form an Lightning additional part of the type certification objective. This extemal multiple stroke basis. To provide a means of compliance environment consists of 24 pulses and is If the Administrator finds that the with die proposed special conditions, a described as a single Component A applicable airworthiness regulations clarification on the threat definition for followed by 23 randomly spaced (i.e., part 25, as amended) do not contain lightning is needed. The following restrikes of % magnitude of Component adequate or appropriate safety “threat definition,” based on FAA D (peak amplitude of 50,000 amps). The standards for the Model 4100 series Advisory Circular 20-136, Protection of 23 restrikes are distributed over a period because of a novel or unusual design Aircraft Electrical/Electronic Systems of up to 2 seconds according to the feature, special conditions are Against the Indirect Effects of Lightning, following constraints: (1) The minimum prescribed under the provisions of dated March 5,1990, is proposed as a time between subsequent strokes is 10 § 21.16 to establish a level of safety basis to use in demonstrating ms, and (2) the maximum time between equivalent to that established in the compliance with the proposed lightning subsequent strokes is 200 ms. An regulations. protection special condition. analysis or test needs to be Special conditions, as appropriate, are The lightning current waveforms accomplished in order to obtain the issued in accordance with § 11.49 of the (Components A, D, and H) defined resultant internal threat environment for FAR after public notice, as required by below, along with the voltage the system under evaluation. § § 11.28 and 11.29, and become part of waveforms in Advisory Circular (AC) And, die type certification basis in 20-53A, will provide a consistent and 3. M ultiple Burst: (Component h). In­ accordance with § 21.17(a)(2). reasonable standard which is flight data-gathering projects have Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules 28725 shown bursts of multiple, low amplitude, assessment of functional upset of the ms, and (2) the maximum time between fast rates of rise, skort duration pulses system. Again, it is necessary that this subsequent strokes is 200 ms. The accompanying the airplane lightning component be translated into an internal individual “Multiple Burst" Component strike process. While insufficient energy environmental threat in order to be H waveform is defined below. exists in these pulses to cause physical used. This "Multiple Burst" consists of The following current waveforms damage, it is possible that transients 24 random sets of 20 strokes each, constitute the “Severe Strike" resulting from this environment may distributed over a period of 2 seconds. (Component A), “Restrike" (Component cause upset to some digital processing Each set of 20 strokes is made up of 20 D), “Multiple Stroke” (V2 Component D), systems. repetitive Component H waveforms and the "Multiple Burst” (Component The representation of this interference distributed within a period of one H). environment is a repetition of short millisecond. The minimum time between duration, low amplitude, high peak rate individual Component H pulses within a These components are defined by the following double exponential equation: of rise, double exponential pulses which burst is 10/a s , the maximum is 50p.s. The represent the multiple bursts of current 24 bursts are distributed over a period of i(t)=Io (e-*»-e-“) pulses observed in these flight data up to 2 seconds according to the where: gathering projects. This component is following constraints: (1) The minimum t=time in seconds, intended for an analytical (or test) time between subsequent strokes is 10 i=current in amperes, and

Severe Multiple Multiple Strike Restrike Stroke (Vi Burst (Component (Component Component (Component A) D) H>

1 amp . „ ____ « 218,810 109,405 54,703 10,572 Q 300” I .... „ „ CK- 11’354 22,708 22,708 187,191 b S6C“1 .. _ __ _ = 647 265 1,294,530 1,294,530 19,105,100

This equation produces the following characteristics:

200 KA 100 KA 50 KA 10 KA and

(di/dt^tamp/sec)______1 .4 X 1 0 “ 1 .4 X 1 0 “ 0.7x10“ 2.0X10“ @ t=0+sec @t<=0+sec @ t=0+sec @ t=0+sec di/dt, (amp/sec)...... , 1 .0 X 1 0 “ 1.0x10“ 0.5x10“ @ t= .2 5 fiS @t*=.25pS Action Integral (amp2 sec) -...... r...... ,, 2.0x10« 0 - 2 5 x 1 0 * .0625X10«

High-Intensity Radiated Fields (HIRF) 1. A minimum threat of 100 volts per Peak Aver­ meter peak electric field strength from Frequency age With the trend toward increased (V/M) (V/M) power levels from ground based 10 KHz to 18 GHz. a. The threat must be applied to the transmitters, plus the advent of space 400 MHz-1 GHz______8,300 2,000 system elements and their associated and satellite communications, coupled 1 GHz-2 GHz______9,000 1,500 with electronic command and control of wiring harnesses without the benefit of 2 GHz-4 GHz______17,000 1,200 airframe shielding. 14,500 800 the airplane, the immunity of critical 4 GHz-6 GHz______b. Demonstration of this level of 6 GHz-8 GHz______4,000 666 digital avionics systems, such as the protection is established through system 8 GHz-12 GHz...... 9,000 2,000 EFIS, to HIRF must be established. It is 12 GHz-20 GHz...... 4,000 509 tests and analysis. 20 GHz-40 GHz______4,000 1,000 not possible to precisely define the HIRF 2. A threat external to the airframe of to which the airplane will be exposed in the following field strengths for the service. There is also uncertainty frequency ranges indicated. concerning the effectiveness of airframe The envelope given in paragraph 2 shielding for HIRF. Furthermore, above is a revision to the envelope used coupling to cockpit installed equipment Aver­ in previously issued special conditions Frequency Peak age through the cockpit window apertures is (V/M) (V/M) in other certification projects. It is based undefined. Based on surveys and on new data and SAE AE4R analysis of existing HIRF emitters, an 10 KH7-ROO KHz 80 80 subcommittee recommendations. This adequate level of protection exists when 500 KHz-2 MHz______... 80 80 revised envelope includes data from compliance with die HIRF protection 2 MHz-30 MHr 200 200 Western Europe and the U.S. It will also 30 MHz-100 MHz .„ ...... 33 33 special condition is shown with either 100 MHz-200 MHz______33 33 be adopted by the European Joint paragraphs 1 or 2 below: 200 MHz-400 MHz____„______150 33 Airworthiness Authorities. •In'3 \ ->» > 5 u s ' j a & :r’(i * \ r:: rY ,H iW \ f i ? ? i. Sj.c€*4-‘ 28726 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules

Conclusion to cope with adverse operating aad be submitted in duplicate to the conditions. address specified above. All This action affects only certain communications received on or before unusual or novel design features on one Issued in Renton, Washington, on June li 1991. the closing date for comments specified model series of airplanes. It is not a rule above will be considered by the of general applicability and affects only Darrell M. Pederson, Acting Manager, Transport Airplane Administrator before taking action on the manufacturer who applied to the the proposed rule. The proposals FAA for approval of these features on Directorate, Aircraft Certification Service. [FR Doc. 91-14927 Filed 6-21-91; 8:45 am) contained in this Notice may be changed the airplane. in light of the comments received. BILLING CODE 4910-13-M List of Subjects in 14 CFR Parts 21 and Comments are specifically invited on 25 the overall regulatory, economic, Air transportation, Aircraft, Aviation 14 CFR Part 39 environmental, and energy aspects of the proposed rule. All comments safety, Safety. [Docket No. 91-NM-87-AD] The authority citation for these submitted will be available, both before special conditions is as follows: Airworthiness Directives; Airbus and after the closing date for comments, in the Rules Docket for examination by Authority: 49 U.S.C. 1344,1348(c), 1352, industrie Models A310, A320, and A300-600 Series Airplanes interested persons. A report 1354(a), 1355,1421 through 1431,1502, summarizing each FAA/public contact, 1651(b)(2), 42 U.S.C. 1857f-10, 4321 et seq.; a g e n c y : Federal Aviation E.0 11514; and 49 U.S.C. 106(g). concerned with the substance of this Administration (FAA), DOT. proposal, will be filed in the Rules The Proposed Special Conditions ACTION: Notice of Proposed Rulemaking Docket. Accordingly, the Federal Aviation (NPRM). ______, Commenters wishing the FAA to Administration (FAA) proposes the acknowledge receipt of their comments s u m m a r y : This notice proposes to adopt submitted in response to this Notice following special conditions as part of a new airworthiness directive (AD), the type certification basis for the must submit a self-addressed, stamped applicable to certain Airbus Industrie post card on which the following British Aerospace (Commercial Aircraft) Model A310, A320, and A300-600 series Ltd. Model 4100 series airplanes: statement is made: “Comments to airplanes, which would require the Docket Number 91-NM-87-AD.” The 1. Lightning Protection installation of three modified Generator post card will be date/time stamped and Control Units (GCU) with protective returned to the commenter. a. Each electrical and electronic covers. This proposal is prompted by system that performs critical functions reports of internal shorts in the GCU’s Discussion must be designed and installed to ensure due to foreign liquid entering the units. The Direction Générale de l’Aviation that the operation and operational This condition, if not corrected, could capability of these systems to perform Civile (DGAC), which is the result in loss of the GCU’s and AC airworthiness authority of France, in critical functions are not adversely electrical power. affected when the airplane is exposed to accordance with existing provisions of a lightning. DATES: Comments must be received no bilateral airworthiness agreement, has later than August 13,1991. b. Each essential function of electrical notified the FAA of an unsafe condition or electronic systems or installations a d d r e s s e s : Send comments on the which may exist on certain Airbus must be protected to ensure that the proposal in duplicate to the Federal Industrie Model A310, A320, and A300- function can be recovered in a timely Aviation Administration, Northwest 600 series airplanes. There have been manner after the airplane has been Mountain Region. Transport Airplane recent reports of internal shorts in the exposed to lightning. Directorate, ANM-103, Attention: Generator Control Units (GCU) due to Airworthiness Rules Docket No. 91-NM- foreign liquid entering the units. This 2. Protection from Unwanted Effects of 87-AD, 1601 Lind Avenue SW., Renton, condition, if not corrected, could result High-Intensity Radiated Fields (HIRF) Washington 98055-4056. The applicable in loss of the GCU’s and AC electrical Each electrical and electronic system service information may be obtained power. that performs critical functions must be from Airbus Industrie, Airbus Support Airbus Industrie has issued Service designed and installed to ensure that the Division, Avenue Didier Daurat, 31700 Bulletins A310-24-2040, Revision 1, operation and operational capability of Blagnac, France. This information may dated January 28,1991; A320-24-1050, these systems to perform critical be examined at the FAA, Northwest dated February 11,1991; and A300-24- functions are not adversely affected Mountain Region, Transport Airplane 6029, Revision 1, dated February 22, when the airplane is exposed to high- Directorate, 1601 Lind Avenue SW.. 1991; which describe procedures to intensity radiated fields external to the Renton, Washington. replace the three currently installed airplane. FOR FURTHER INFORMATION CONTACT: GCU’s with three modified GCU’s Mr. Greg Holt, Standardization Branch, having protective covers. The Airbus 3. The following definitions apply with ANM-113; telephone (206) 227-2140. Industrie service bulletins reference respect to these special conditions Mailing address: FAA, Northwest Sundstrand Corporation Service Bulletin Critical Function. Functions whose Mountain Region, Transport Airplane 735226/740206/740120-24-9, dated June failure could contribute to or cause a Directorate, 1601 Lind Avenue SW., 15,1989, for additional instructions. The failure condition which would prevent Renton, Washington 98055-4056. French DGAC has classified the Airbus the continued safe flight and landing of SUPPLEMENTARY INFORMATION: service bulletins as mandatory, and has the airplane. Interested persons are invited to issued French Airworthiness Directive Essential Functions. Functions whose participate in the making of the 90-197-118(B) addressing this subject. failure could contribute to or cause a proposed rule by submitting such These airplane models are failure condition which would written data, views, or arguments as manufactured in France and type significantly impact the safety of the they may desire. Communications certificated in the United States under airplane or the ability of the flightcrew should identify the Rules Docket number the provisions of § 21.29 of the Federal Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules 28727

Aviation Regulations and the applicable §39.13 [Amended] s u m m a r y : This notice proposes to adopt bilateral airworthiness agreement. 2. Section 39.13 is amended by adding a new airworthiness directive (AD), Since this condition is likely to exist the following new airworthiness applicable to certain Boeing Model 747- or develop on other airplanes of die directive: 400 series airplanes, which would same type design registered in the Airbus Industrie: Docket No. 91-NM-87-AD. require inspection, repair if necessary, United States, an AD is proposed which Applicability: Model A310, A320, and and modiff cation of the advanced cabin would require the replacement of the A300-600 series airplanes, on which entertainment and service system three currently installed GCU’s with Modification 7769 has not been (ACESS) wire bundle installation. This three modified GCU’s having protective accomplished, certificated in any category. proposal is prompted by reports of covers, in accordance with die service Compliance: Required within 180 days after chafed wiring resulting in short circuits bulletins previously described. the effective date of this AD, unless which led to burned wire bundles. This previously accomplished. It is estimated that 67 airplanes of U.S. condition, if not corrected, could result To prevent loss of the Generator Control in smoke and fire in the passenger registry would be affected by this AD, Units (GCU) and AC electrical power, that it would take approximately 1 accomplish the following: cabin. manhour per airplane to accomplish the (a) Remove the three currently installed d a t e s : Comments must be received no required actions, and that the average GCU’s and replace them with three modified later than August 13,1991. labor cost would be $55 per manhour. GCU’s having protective covers in a d d r e s s e s : Send comments on the The estimated cost for required parts is accordance with Airbus Industrie Service Bulletins A310-24-2040, Revision 1, dated proposal in duplicate to the Federal $333 per airplane. Based on these Aviation Administration, Northwest figures, the total cost impact of the AD January 28,1991 (for Model A310); A320-24- 1050, dated February 11,1991 (for Model Mountain Region, Transport Airplane on U.S. operators is estimated to be A320); A300-24-6029, Revision 1, dated Directorate, ANM-103, attention: $25,996. February 22,1991 (for Model A300-600); and Airworthiness Rules Docket No. 91-NM- The regulations proposed herein Sundstrand Service Bulletin 735226/740206/ 109-AD, 1601 Lind Avenue SW„ Renton, would not have substantial direct effects 740120-24-0 (for Models A310, A320, and Washington 98055-4056. The applicable on the States, on the relationship A300-600), dated June 15,1989 (Modification 7769). service information may be obtained between the national government and from Boeing Commercial Airplane the States, or on the distribution of (b) An alternative method of compliance or adjustment of the compliance time, which Group, P.0. Box 3707, Seattle, power and responsibilities among the provides an acceptable level of safety, may Washington 98124. This information various levels of government. Therefore, be used when approved by the Manager, may be examined at the FAA, in accordance with Executive Order Standardization Branch, ANM-113, FAA, Northwest Mountain Region, Transport 12612, it is determined that this proposal Transport Airplane Directorate. Airplane Directorate, 1601 Lmd Avenue would not have sufficient federalism Note: The request should be forwarded SW., Renton, Washington. implications to warrant the preparation through an FAA Principal Avionics Inspector, of a Federalism Assessment. who may concur or comment and then send it FOR FURTHER INFORMATION CONTACT: to the Manager, Standardization Branch, Mr. Stephen S. Oshiro, Seattle Aircraft For the reasons discussed above, I Certification Office, Systems and certify that this proposed regulation (1) ANM-113. (c) Special flight permits may be issued in Equipment Branch, ANM-130S; is not a “major rule” under Executive accordance with FAR 21.197 and 21.199 to telephone (206) 227-2793. Mailing Order 12291, (2) is not a “significant operate airplanes to a base in order to address: FAA, Northwest Mountain rule” under DOT Regulatory Policies comply with the requirements of this AD. Region, Transport Airplane Directorate, and Procedures [44 FR11034, February All persons affected by this directive who 1601 Lind Avenue SW„ Renton, 26,1979); and (3) if promulgated, will not have not already received the appropriate Washington 98055-4056. have a significant economic impact, service documents from the manufacturer positive or negative, on a substantial may obtain copies upon request to Airbus SUPPLEMENTARY INFORMATION: number of small entities under the Industrie, Airbus Support Division, Avenue Interested persons are invited to Didier Daurat, 31700 Blagnae, France. These participate in the making of the criteria of the Regulatory Flexibility Act. documents may be examined at the FAA, A copy of the draft evaluation prepared proposed rule by submitting such Northwest Mountain Region, Transport written data, views, or arguments as for this action is contained in the Rules Airplane Directorate, 1601 Lind Avenue SW., Docket. A copy of it may be obtained Renton, Washington. they may desire. Communications should identify the Rules Docket number from the Rules Docket. Issued in Renton, Washington, on June 13, 1991. and be submitted in duplicate to the List of Subjects in 14 CFR Part 39 address specified above. All Darrell M. Pederson, communications received on or before Air transportation. Aircraft, Aviation Acting Manager, Transport Airplane safety, Safety. the closing date for comments specified Directorate, Aircraft Certification Service. above will be considered by the The Proposed Amendment [FR Doc. 91-14946 Filed 6-21-91; 8:45 amj Administrator before taking action on BILLING CODE 4910-13-M Accordingly, pursuant to the authority the proposed rule. The proposals delegated to me by the Administrator, contained in this notice may be changed in light of the comments received. the Federal Aviation Administration 14 CFR Part 39 proposes to amend 14 CFR Part 39 of the Comments are specifically invited on Federal Aviation Regulations as follows: [Docket No. 91-NM-109-AD) the overall regulatory, economic, environmental, and energy aspects of PART 39— [AM ENDED) Airworthiness Directives; Boeing the proposed rule. All comments Model 747-400 Series Airplanes submitted will be available, both before 1. The authority citation for Part 39 and after the closing date for comments, continues to read as follows: a g e n c y : Federal Aviation Administration (FAA), DOT. in the Rules Docket for examination by Authority: 49 U.S.C. 1354(a), 1421 and 1423; interested persons. A report a c t i o n : Notice of proposed rulemaking 49 U.S.C. 106(g) (Revised Pub. L. 97-449, (NPRM). summarizing each FAA/public contact, January 12,1983V, and 14 CFR 11.89. concerned with the substance of this ,215728 Federal Register /, ,Vol. 56,, No 121,/ »Monday, June ; 24, ¿991 ¡ rProposed Rules proposal, will be filed in the Rules implications to warrant the preparation accordance with Boeing Alert Service Docket. of a Federalism Assessment. Bulletin 747-23A2241, dated May 31,1990. Commenters wishing the FAA to For the reasons discussed above, I (i) If chafing or wear is found, prior to acknowledge receipt of their comments further flight, replace the seat to seat cable certify that this proposed regulation (1) and ensure proper cable installation in submitted in response to this notice is not a “major rule” under Executive accordance with the service bulletin. must submit a self-addressed, stamped Order 12291; (2) is not a ‘‘significant (ii) If no chafing or wear is found, ensure post card on which the following rule” under DOT Regulatory Policies proper cable installation in accordance with statement is made: “Comments to and Procedures (44 FR11034, February the service bulletin. Docket Number 91-NM-109-AD.” The 26,1979); and (3) if promulgated, will not (3) Modify the ACESS wire bundle post card will be date/time stamped and have a significant economic impact, installation at the dado panel near each returned to the commenter. positive or negative, on a substantial sidewall disconnect in accordance with Boeing Alert Service Bulletin 747-23A2241, Discussion number of small entities under the criteria of the Regulatory Flexibility Act. dated May 31,1990. One operator of Boeing Model 747-400 (b) An alternative method of compliance or A copy of the draft evaluation prepared adjustment of the compliance time, which series airplanes has reported several for this action is contained in the Rules incidents involving burned advanced provides an acceptable level of safety, may Docket. A copy of it may be obtained-» be used when approved by the Manager, cabin entertainment and service system from the Rules Docket. Seattle Aircraft Certification Office (ACO), (ACESS) wire bundles in the passenger FAA, Transport Airplane Directorate. List of Subjects in 14 CFR Part 39 cabin. Damage to the wire bundles Note: The request should be forwarded resulted from electrical short circuits Air transportation, Aircraft, Aviation through an FAA Principal Maintenance that were caused by chafing of the wire safety, Safety. Inspector, who may concur or comment and bundles at the cable raceway exits near then send it to the Manager, Seattle ACO. the seat disconnects and at dado panels The Proposed Amendment (c) Special flight permits may be issued in near the sidewall disconnects. This Accordingly, pursuant to the authority accordance with FAR 21.197 and 21.199 to condition, if not corrected, could result operate airplanes to a base in order to in smoke and hire in the passenger delegated to me by the Administrator, comply with the requirements of this AD. cabin. the Federal Aviation Administration All persons affected by this directive who The FAA has reviewed and approved proposes to amend 14 CFR part 39 of the have not already received the appropriate Boeing Alert Service Bulletin 747- Federal Aviation Regulations as follows: service documents from the manufacturer may obtain copies upon request to Boeing 23A2241, dated May 31,1990, which PART 39—[AMENDED] Commercial Airplane Group, P.O. Box 3707, describes procedures for inspection, Seattle, Washington 98124. These documents replacement, and modification of the 1. The authority citation for part 39 may be examined at the FAA, Northwest ACESS wire bundle installation to continues to read as follows: Mountain Region, Transport Airplane prevent chafing. The modification Authority: 49 U.S.C. 1354(a), 1421 and 1423; Directorate, 1601 Lind Avenue SW., Renton, consists of installing teflon expandable 49 U.S.C. 106(g) (Revised Pub. L 97-449, Washington. sleeving over the cables and revising the January 12,1983); and 14 CFR 11.89. Issued in Renton, Washington, on June 13, cable and raceway installation at the 1991. dado panels near each sidewall §39.13 [Amended] Darrell M. Pederson, disconnect. 2. Section 39.13 is amended by adding Acting Manager, Transport Airplane Since this condition is likely to exist the following new airworthiness Directorate, Aircraft Certification Service. or develop on other airplanes of this directive: [FR Doc. 91-14945 Filed 6-21-91; 8:45 am] same type design, an AD is proposed Boeing: Docket 91-NM-109-AD BILLING CODE 4910-13-M which would require inspection, repair if Applicability: Model 747-400 series necessary, and modification of the airplanes listed in Boeing Alert Service ACESS wire bundle installations in Bulletin 747-23A2241, dated May 31,1990, 14 CFR Part 39 accordance with the service bulletin certificated in any category. previously described. Compliance: Required as indicated, unless [Docket No. 91-NM-117-AD] There are approximately 65 Model previously accomplished. 747-400 series airplanes of the affected To prevent the occurrence of smoke and Airworthiness Directives; British design in the worldwide fleet. It is fire in the passenger cabin, accomplish the Aerospace Viscount Model 744,745D, estimated that 10 airplanes of U.S. following: and 810 Series Airplanes registry would be affected by this AD, (a) Within 12 months after the effective that it would take approximately 150 date of this AD, accomplish the following on AGENCY: Federal Aviation manhours per airplane to accomplish the the main and upper decks: Administration (FAA), DOT. required actions, and that the average (1) Inspect the advanced cabin entertainment and service system (ACESS) ACTION: Notice of Proposed Rulemaking labor cost would be $55 per manhour. wire bundle installation at the dado panel (NPRM). Based on these figures, the total cost near each sidewall disconnect for chafing impact of the AD on U.S. operators is and wear in accordance with Boeing Alert s u m m a r y : This notice proposes to adopt estimated to be $82,500. Service Bulletin 747-23A2241, dated May 31, a new airworthiness directive (AD), The regulations proposed herein 1990. applicable to all British Aerospace would not have substantial direct effects (1) If chafing or wear is found, prior to Viscount Model 744,745D, and 810 on the States, on the relationship further flight, replace the ACESS cable and series airplanes, which would require between the national government and add teflon expandable sleeving in repetitive visual inspections to detect the States, or on the distribution of accordance with the service bulletin. corrosion on elevator balance weights (ii) If no chafing or wear is found, install power and responsibilities among the teflon expandable sleeving on the ACESS and elevator leading edge members, and various levels of government. Therefore, cable in accordance with the service bulletin. repair or replacement, if necessary. This in accordance with Executive Order (2) Inspect all advanced cabin proposal is prompted by a report of 12612, it is determined that this proposal entertainment and service system (ACESS) corrosion found on the elevator balance would not have sufficient federalism seat to seat cables for chafing and wear in weights and elevator leading edge Fètferàl Régîster f Vol. 56, No. l i i lf ^ohdary, jiîne 24, 1991 / Proposed Rules 28729

member attachment. This condition, if Discussion Order 12291, (2) is not a “significant not corrected, could result in reduced The United Kingdom Civil Aviation rule” under DOT Regulatory Policies controllability of the airplane. Authority (CAA), in accordance with and Procedures (44 FR11034, February DATES: Comments must be received no existing provisions of a bilateral 26,1979); and (3) if promulgated, will not later than August 17,1991. airworthiness agreement, has notified have a significant economic impact, positive or negative, on a substantial ADDRESSES: Send comments on the the FAA of an unsafe condition which may exist on all British Aerospace number of small entities under the proposal in duplicate to the Federal criteria of the Regulatory Flexibility Act, Aviation Administration, Northwest Viscount Model 744, 745D, and 810 series airplanes. There has been one A copy of the draft evaluation prepared Mountain Region, Transport Airplane for this action is contained in the Rules Directorate, ANM-103, Attention: report of corrosion found on the elevator balance weights and elevator leading Docket. A copy of it may be obtained Airworthiness Rules Docket No. 91-NM- from the Rules Docket. 117-AD, 1601 Lind Avenue SW., Renton, edge member attachment. This Washington 98055-4056. The applicable condition, if not corrected, could result list of Subjects in 14 CFR Part 39 service information may be obtained in reduced controllability of the airplane. Air transportation, Aircraft, Aviation from British Aerospace, PLC, Librarian safety, Safety. for Service Bulletins, P.O. Box 17414, British Aerospace has issued Dulles International Airport, Preliminary Technical Leaflet (PTL) No. The Proposed Amendment Washington, DC. 20041-0414. This 324, Issue 1, dated February 10,1990, applicable to Model 700 series airplanes; Accordingly, pursuant to the authority information may be examined at the delegated to me by the Administrator, FAA, Northwest Mountain Region, and PTL No. 193, Issue 1, dated February 10,1990, applicable to Model 810 series the Federal Aviation Administration Transport Airplane Directorate, 1601 proposes to amend 14 CFR part 39 of the Lind Avenue SW., Renton, Washington. airplanes; which describe procedures for repetitive visual inspections of the Federal Aviation Regulations as follows: FOR FURTHER INFORMATION CONTACT: elevator balance weights and elevator PART 39—[AMENDED] Mr. William Schroeder, Standardization leading edge members for corrosion, and Branch, ANM-113; telephone (206) 227- repair or replacement, if necessary. The The authority citation for part 39 2148. Mailing address: FAA, Northwest United Kingdom CAA has classified the continues to read as follows: Mountain Region, Transport Airplane British Aerospace PTL’s as mandatory. Directorate, 1601 Lind Avenue SW., Authority: 49 U.S.C. 1354(a), 1421 and 1423; This airplane model is manufactured 49 U.S.C. 106(g) (Revised Pub. L. 97-449, Renton, Washington 98055-4056. in the United Kingdom and type January 12,1983); and 14 CFR 11.89. SUPPLEMENTARY INFORMATION: certificated in the United States under Interested persons are invited to the provisions of § 21.29 of the Federal § 39.13 [Amended] participate in the making of the Aviation Regulations and the applicable 2. Section 39.13 is amended by adding proposed rule by submitting such bilateral airworthiness agreement. the following new airworthiness written data, views, or arguments as Since this condition is likely to exist directive: they may desire. Communications or develop on other airplanes of the British Aerospace: Docket No. 91-N'M-l 17- should identify the Rules Docket number same type design registered in the AD. and be submitted in duplicate to the United States, an AD is proposed which Applicability: All Viscount Model 744, address specified above. All would require repetitive visual 745D, and 810 series airplanes, certificated in inspections of the elevator balance any category. communications received oh or before Compliance: Required within 180 days after the closing date for comments specified weights and elevator leading edge members for corrosion, and repair or the effective date of this AD, and thereafter above will be considered by the at intervals not to exceed 4 years. Administrator before taking action on replacement, if necessary, in accordance with the PTL’s previously described. To prevent reduced controllability of the the proposed rule. The proposals airplane, accomplish the following: : contained in this Notice may be changed It is estimated that 29 airplanes of U.S. (a) Perform a visual inspection of the in light of the comments received. registry would be affected by this AD, elevators to detect corrosion of the mild steel that it would take approximately 100 balance weights and of the forward face of Comments are specifically invited on manhours per airplane to accomplish the the overall regulatory, economic, the leading edge members in accordance with required actions, and that the average British Aerospace Preliminary Technical environmental, and energy aspects of labor cost would be $25 per manhour. Leaflet (PTL) No. 324 (for Viscount Model 744 the proposed rule. All comments Based on these figures, the total cost and 745D series airplanes), Issue i, or PTL submitted will be available, both before impact of the AD on U.S. operators is No. 193 (for Viscount Model 810 series and after the closing date for comments, estimated to be $159,500. airplanes), Issue 1, both dated February 10, in the Rules Docket for examination by The regulations proposed herein 1990, as applicable, interested persons. A report (1) If corrosion is found in the mild steel would not have substantial direct effects balance weights, prior to further flight, repair summarizing each FAA/public contact, on the States, on the relationship concerned with the substance of this in accordance with the applicable PTL. between the national government and (2) If corrosion is found in the forward face proposal, will be filed in the Rules the States, or on the distribution of of the leading edge members, prior to further Docket. power and responsibilities among the flight, repair in accordance with the Commentera wishing the FAA to various levels of government. Therefore, applicable PTL. If corrosion exceeds the acknowledge receipt of their comments in accordance with Executive Order limits specified in the PTL, prior to further submitted in response to this Notice 12612, it is determined that this proposal flight, replace the members in accordance must submit a self-addressed, stamped would not have sufficient federalism with the PTL. postcard on which the following (b) An alternative method of compliance or implications to warrant the preparation adjustment of the compliance time, which statement is made: “Comments to of a Federalism Assessment. provides an acceptable level of safety, may Docket Number 91-NM-117-AD." The For the reasons discussed above, I be used when approved by the Manager, postcard will be date/time stamped and certify that this proposed regulation (1) Standardization Branch, ANM-113, FAA, returned to the commenter. is not a “major rule” under Executive Transport Airplane Directorate. 28730 Federal Register / Voi. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules

Note: The request should be forwarded Directorate, 1601 Lind Avenue SW„ procedures for replacement of all through an FAA Principal Maintenance Renton, Washington. aileron, elevator, and rudder Inspector, who may concur or comment and FOR FURTHER INFORMATION CONTACT: servomotors and servomounts. The RLD then send it to the Manager, Standardization Mr. Mark Quam, Standardization has classified these service bulletins as Branch, ANM-113. mandatory. (c) Special flight permits may be issued in Branch, ANM-113; telephone {208} 227- accordance with FAR 21.1S7 and 21.199 to 2145. Mailing address: FAA, Northwest This airplane model is manufactured operate airplanes to a base in order to Mountain Region, Transport Airplane in the Netherlands and type certificated comply with the requirements of this AD. Directorate, 1601 Lind Avenue SW., in the United States under the All persons affected by this directive who Renton, Washington 98055-4056. provisions of § 21.29 of the Federal have not already received the appropriate SUPPLEMENTARY INFORMATION: Aviation Regulations and the applicable service documents from the manufacturer bilateral airworthiness agreement. may obtain copies upon request to British Interested persons are invited to participate in the making of the Since this condition is likely to exist Aerospace, PLC, Librarian for Service or develop on other airplanes of the Bulletins, P.O. Box 17414, Dulles International proposed rule by submitting such Airport Washington, DC 20041-0414. These written data, views, or arguments as same type design registered in the documents may be examined at the FAA, they may desire. Communications United States, an AD is proposed which Northwest Mountain Region, Transport should identify the Rules Docket number would require replacement of all aileron, Airplane Directorate, 1601 Lind Avenue SW., and be submitted in duplicate to the elevator, and rudder servomotors and Renton, Washington. address specified above. All servomounts in accordance with the Issued in Renton, Washington, on June 17, communications received on or before service bulletins previously described. 1991. the closing date for comments specified It is estimated that 20 airplanes of U.S. Darrell M. Pederson, above will be considered by the registry would be affected by this AD, Acting Manager, Transport Airplane Administrator before taking action on that it would take approximately 35 Directorate, Aircraft Certification Service. the proposed rule. The proposals manhours per airplane to accomplish the [FR Doc. 91-14947 Filed 6-21-91; 8:45 am] contained in this Notice may be changed required actions, and that the average BILLING CODE 4910-13-M in light of the comments received. labor cost would be $55 per manhour. Comments are specifically invited on Required parts will be provided by the the overall regulatory, economic, manufacturer at no cost to the operator. 14 CFR Part 39 environmental, and energy aspects of Based on these figures, the total cost impact of the AD on U.S. operators is [D ocket No. 91-NM-115-AD] the proposed rule. All comments submitted will be available, both before estimated to be $38,500. Airworthiness Directives; Fokker and after the closing date for comments, The regulations proposed herein Model F-28 Mark 0100 Series Airplanes in the Rules Docket for examination by would not have substantial direct effects interested persons. A report on the States, on the relationship a g e n c y : Federal Aviation summarizing each FAA/public contact between the national government and Administration {FAA}, DOT. concerned with the substance of this the States, or on the distribution of ACTION: Notice of proposed rulemaking proposal, will be filed in the Rules power and responsibilities among the (NPRM). Docket various levels of government Therefore, Commenters wishing the FAA to in accordance with Executive Order s u m m a r y : This notice proposes to adopt acknowledge receipt of their comments 12612, it is determined that this proposal a new airworthiness directive (AD), submitted in response to this Notice would not have sufficient federalism applicable to certain Fokker Model F-28 must submit a self-addressed, stamped implications to warrant the preparation Mark 0100 series airplanes, which would post card on which the following of a Federalism Assessment. require replacement of all aileron, statement is made: “Comments to For the reasons discussed above, I elevator, and rudder servomotors and Docket Number 91-NM-115-AD.” The certify that this proposed regulation (1) servomounts. This proposal is prompted post card will be date/time stamped and is not a “major rule” under Executive by extensive testing which has returned to the commenter. Order 12291, (2) is not a “significant demonstrated that water ingress into the rule” under DOT Regulatory Policies primary flight control servomounts and Discussion and Procedures (44 FR 11034, February servomotors, and subsequent freezing, The Rijksluchtvaartdienst (RLD), 26,1979); and (3) if promulgated, will not can lead to a servo jam. This condition, which is the airworthiness authority of have a significant economic impact, if not corrected, could result in reduced the Netherlands, in accordance with positive or negative, on a substantial controllability of the airplane. existing provisions of a bilateral number of small entities under the d a t e s : Comments must be received no airworthiness agreement, has notified criteria of the Regulatory Flexibility Act. later than August 19,1991. the FAA of an unsafe condition which A copy of the draft evaluation prepared a d d r e s s e s : Send comments on the may exist on certain Fokker Model F-28 for this action is contained in the Rules proposal in duplicate to the Federal Mark 0100 series airplanes. Extensive Docket. A copy of it may be obtained Aviation Administration, Northwest testing by Collins and Fokker Aircraft from the Rules Docket. Mountain Region, Transport Airplane has demonstrated that water ingress List of Subjects in 14 CFR Part 39 Directorate, ANM-103, Attention: into the primary flight control Airworthiness Rules Docket No. 91-NM- servomotors and servomounts, and Air transportation, Aircraft, Aviation 115-AD, 1601 Lind Avenue S.W., subsequent freezing, can lead to a servo safety, Safety. Renton, Washington 98055-4056. The jam. This condition, if not corrected, The Proposed Amendment applicable service information may be could result in reduced controllability of obtained from Fokker Aircraft USA, Inc., the airplane. Accordingly, pursuant to the authority 1199 North Fairfax Street, Alexandria, Fokker has issued Service Bulletins delegated to me by the Administrator, Virginia 22314. This information may be F100-22--015, dated November 16,1990, the Federal Aviation Administration examined at the FAA, Northwest and F100-22-018, Revision 1, dated proposes to amend 14 CFR part 39 of the Mountain Region, Transport Airplane January 24,1991, which describe Federal Aviation Regulations as follows: Federal Register / Vol. 56, No. 121 / Monday, June 24. 1^91 / Proposed Rules 28/31

PART 39—[AMENDED] RAILROAD RETIREMENT BOARD Federal litigants. See § 295.4(d) of this chapter. The authority citation for part 39 20 CFR Part 200 Moreover, because the Board is a continues to read as follows: RIN 3220-AA90 Federal agency, its employees are Authority: 49 U.S.C. 1354(a), 1421 and 1423; restricted with respect to the disclosure 49 U.S.C. 106(g) (Revised Pub. L. 97-449, General Administration of information by the RRA, the RUIA, January 12,1983); and 14 CFR 11.89. AGENCY: Railroad Retirement Board. and the Privacy Act (5 U.S.C. 552a). However, there have been cases where, § 39.13 [Amended] ACTION: Proposed rule. due to the insistence of an attorney or to 2. Section 39.13 is amended by adding s u m m a r y : The Railroad Retirement the particular hostility of the parties to the following new airworthiness Board (Board) hereby proposes to the divorce proceeding, a Board directive: amend section § 200.8 of its regulations employee has been forced to take- time Fokker: Docket No. 91-NM-115-AD. in order to make it clear that the Board away from official duties to travel long Applicability: Model F-28 Mark 0100 series has the authority to prevent a Board distances to a court proceeding only to airplanes; Serial Numbers 11244 through employee from being compelled to wait several hours to be released from 11306,11308,11310,11312,11313,11314,11316, testify in a deposition, trial, or other having to testify at ail or to provide and 11318; certificated in any category. similar proceeding, concerning testimony consisting of information Compliance: Required as indicated, unless information acquired in the course of which either could have been provided performing official duties or because of previously accomplished. To prevent reduced by letter or which may not be provided the employee’s official capacity, where controllability of the airplane, accomplish the at all due to the particular following: the provision of such testimony would interfere with the employee’s official circumstances. In one instance, a Board (a) Within 6 months after the effective date field employee was threatened with of this AD: duties and where the information sought (1) Replace all aileron, elevator, and rudder may be obtained by means other than being held in contempt of court and servomotors, P/N 622-7925-302, with by testimony of the employee. being placed in jail due to her refusal to testify to matters which the RRA and modified servomotors, P/N 622-7925-303, in D ATES: Comments must be submitted on accordance with Fokker Service Bulletin or before July 24,1991. the Privacy Act clearly prohibited her from revealing in the given F100-22-015, dated November 16,1990; and ADDRESSES: Secretary to the Board, (2) Replace all aileron and rudder Railroad Retirement Board, 844 Rush circumstances. servomounts, P/N 622-7926-302; and elevator Street, Chicago, Illinois 60611. Section 200.8(d) of the Board’s servomounts, P/N 622-8069-302; with FOR FURTHER INFORMATION CONTACT: regulations sets forth the procedures to modified servomounts, P/N 622-7926-303 and be followed when a Board employee 622-8069-303, respectively, in accordance Marguerite P. Dadabo, General with Fokker Service Bulletin F100-22-018, Attorney, Railroad Retirement Board, receives a subpoena. The Board Revision 1, dated January 24,1991. 844 Rush Street, Chicago, Illinois 60611, proposes to amend this section by the (b) An alternative method of compliance or (312) 751-4945 (FTS 386-4945). inclusion of a policy statement as the adjustment of the compliance time, which SUPPLEMENTARY INFORMATION: The new first paragraph of § 200.8(d) in provides an acceptable level of safety, may Railroad Retirement Board (Board) is order to make it clear that the Board has be used when approved by the Manager, charged with the administration of both the authority to prevent its employees Standardization Branch, ANM-113, FAA, the Railroad Retirement Act (RRA) (45 from testifying where the provision of Transport Airplane Directorate. U.S.C. 231 et seq.) and the Railroad such testimony would interfere with the Note: The request should be forwarded Unemployment Insurance Act (RUIA) employee’s official duties. The through an FAA Principal Maintenance (45 U.S.C. 351 et seq.). More and more remaining paragraphs are proposed to Inspector, who may concur or comment and frequently in recent years Board be appropriately renumbered. then send it to the Manager, Standardization employees have been requested or subpoenaed to provide testimony, in a The Board proposes to redesignate Branch, ANM-113. paragraphs (f), (g) and (h) and add a (c) Special flight permits may be issued in deposition, trial, or other similar proceeding, concerning information new paragraph (f) to § 200.8 which accordance with FAR 21.197 and 21.199 to provides for a procedure for requesting operate airplanes to a base in order to acquired in the course of performing comply with the requirements of this AD. official duties or because of the the voluntary testimony of a Board All persons affected by this directive who employee’s official capacity. This employee. Finally, the Board proposes to have not already received the appropriate increase has been particularly marked add a new paragraph (j) which provides service documents from the manufacturer in divorce proceedings after the that the Board will request the may obtain copies upon request to Fokker amendment of section 14 of the RRA (45 assistance of the Department of Justice Aircraft USA, Inc., 1199 North Fairfax Street, U.S.C. 231m) in 1983 to permit certain where such assistance is necessary in Alexandria, Virginia 22314. These documents portions of a railroad retirement annuity order to represent the interests of the may be examined at the FAA, Northwest to be divided as part of a division of Board and its employees. This new Mountain Region, Transport Airplane property in such proceeding. The paragraph simply reflects what has been Directorate, 1601 Lind Avenue SW., Renton, information sought by such subpoenas, and currently is the practice of the Washington. particularly an estimate of benefits Board in such matters. payable at retirement or the amount of Issued in Renton, Washington, on June 17, The Board has determined that this is 1991. benefits currently being paid or a not a major rule under Executive Order Darrell M. Pederson, description of the types of benefits payable under the RRA, can generally 12291. Therefore, no regulatory impact Acting Manager, Transport Airplane be easily furnished in a letter without analysis is required. In addition, this Directorate, Aircraft Certification Service. the necessity of a Board employee rule does not impose any information [FR Doc. 91-14948 Filed 6-21-91; 8:45 am] taking time from his or her official duties collections within the meaning of the BILLING CODE 4910-13-M to testify in a proceeding involving non- Paperwork Reduction Act. 28732 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules

List of Subjects in 20 CFR Part 200 cause disruption of agency operations. 20 CFR Part 259 Railroad employees, Railroad However, this paragraph does not apply retirement. Railroad unemployment to any civil or criminal proceeding RIN 3220-AA88 where the United States, the Railroad insurance. Initial Determinations and Appeals For the reasons set out in the Retirement Board, or any other Federal agency is a party; to Congressional From Initial Determinations With preamble, title 20, chapter II of the Code Respect to Employer Status and of Federal Regulations is proposed to be requests or subpoenas for testimony; to amended as follows: consultative services and technical Employee Status assistance provided by the Board or the a g e n c y : Railroad Retirement Board. PART 200— GENERAL agency in carrying out its normal a c t i o n : Proposed rule. ADMINISTRATION program activities; to employees serving 1. The authority citation for part 200 as expert witnesses in connection with SUMMARY: The Railroad Retirement continues to read as follows: professional and consultative services Board (Board) proposes to amend part rendered as approved outside activities 259 of its regulations to provide that Authority: 45 U.S.C. 231(b)(5) and 45 U.S.C. determinations with respect to employer 362; | 200.4 also issued under 5 U.S.C. 552; (in cases where employees are providing § 200.5 also issued under 5 U.S.C. 552a; such outside services, they must state and employee status under the Railroad § 200.6 also issued under 5 U.S.C. 552b; and for the record that the testimony Retirement Act (RRA) and Railroad § 200.7 also issued under 31 U.S.C. 3717. represents their own views and does nut Unemployment Insurance Act (RUIA) necessarily represent the official shall be made directly by the three- 2. Section 200.8(b) is amended by member Board. Under present adding at the end thereof the following position of the agency); or to employees making appearances in their private regulations determinations with respect new definition, to read as follows: to employer and employee status are capacity in legal or administrative delegated to the Deputy General § 200.8 Disclosure of information obtained proceedings that do not relate to the in the administration of the Railroad Counsel subject to administrative Retirement Act and the Railroad official business of the agency (such as review by the three-member Board. The Unemployment Insurance A ct cases arising out of traffic accidents, Board proposes to remove this * * * * * crimes, domestic relations, etc.) and not delegation and place original Testify and testimony. The terms involving professional and consultative jurisdiction over such questions at the “testify” and "testimony” include both services as described above. Board level. The Board believes that this in-person oral statements before a court 3. Section 200.8 is amended by proposed change will make the decision or a legislative or administrative body redesignating paragraphs (f), (g), and (h), making process with respect to and statements made in the form of as (g), (h), and (i) and by adding new employer and employee status questions depositions, interrogatories, paragraph (f) and a new paragraph (j) to more efficient declarations, affidavits or other means read as follows: d a t e s : Comments shall be submitted on of formal participation in such or before August 23,1991. proceedings. ADDRESSES: Secretary to the Board, 3. Section 200.8 is amended by § 200.8 Disclosure of information obtained in the administration of the Railroad Railroad Retirement Board, 844 Rush redesignating paragraphs (d) (1), (2), and Street, Chicago, Illinois 60611, (312) 751- (3) as (d) (2), (3), and (4), respectively, Retirement Act and the Railroad and by adding the following new Unemployment Insurance Act. 4920 (FTS 386-4920). Paragraph (d)(1) to read as follows: * * * * * FOR FURTHER INFORMATION CONTACT: (d) Subpoenas—statement of policy Thomas W. Sadler, Assistant General (f) Requests for voluntary testimony. Counsel, Railroad Retirement Board, 844 and general rule. (1) It is the policy of All requests for testimony by a Board the Board to provide information, data, Rush Street, Chicago, Illinois 60611, (312) employee in his or her official capacity 751-4513 (FTS 386-4513). and records to non-Federal litigants to must be in writing and directed to the SUPPLEMENTARY INFORMATION: Part 259 the same extent and in the same manner Deputy General Counsel. They shall that they are available to the general presently delegates authority for initial state the nature of the requested and reconsideration determinations with public. The availability of Board testimony, why the information is not employees to testify before state and respect to employer and employee local courts and administrative and available by any other means, and the status under the RRA and RUIA to the legislative bodies, as well as in Federal reasons, if any, why the testimony Board’s Deputy General Counsel. His court and administrative proceedings would be in the interest of the Board or determinations on such questions are which involve non-Federal litigants, the Federal government. final unless a party to a determination concerning information acquired in the ***** appeals such determination to the three- course of performing their official duties (j) The Deputy General Counsel or his member Board. or because of the employee’s official designee will request the assistance of The Board proposes to remove this delegation. Under the proposed changes capacity, is governed by the Board's the Department of Justice where policy of maintaining strict impartiality to this part the Deputy General Counsel necessary to represent the interests of with respect to private litigants and will be responsible for making initial minimizing the disruption of an the agency and its employees under this investigations with respect to the employee’s official duties. Thus, the section. employer and employee status of any Board may refuse to make an employee Dated: June 13.1991. person and will submit to the Board a available for testimony under this By Authority of the Board. recommended decision with respect to paragraph or paragraph (e) or (f) of this the coverage of that person under the section if it determines that the Beatrice Ezerski, RRA or RUIA. Upon receipt of the information sought is available other Secretary to the Board. Deputy General Counsel's than through testimony and where (FR Doc. 91-14883 Filed 6-21-91; 8:45 am] recommendation the Board shall issue a making such employee available would BILLING CODE 7905-01-M coverage determination (proposed Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules 28733

§ 259.1). Any party aggrieved by this defined in § 259.2 of this part, of the final determination was based have determination, as defined in § 259.2, Board’s determination. changed sufficiently to warrant a may file a request for reconsideration 3. Section 259.3 is revised to read as contrary determination. Such a request with the Deputy General Counsel who follows: shall be submitted to the Board’s Deputy shall submit a recommendation to the General Counsel, who shall consider Board thereon. The Board shall then § 259.3 Reconsideration of initial such request as a request for an initial issue a decision on reconsideration determinations with respect to employee or determination under § 259.1. employer status. [proposed § 259.3) Such decision is final A party to an initial decision issued Dated: June 13,1991. subject to judicial review as provided By Authority of the Board. for in proposed § 259.5 or to a new under § 259.1 shall have the right to request reconsideration of that decision. Beatrice Ezerski, determination under proposed § 259.6. Secretary to the Board. The Board has determined that this is A request for reconsideration shall be in [FR Doc. 91-14841 Filed 6-21-91; 8:45 am) not a major rule under Executive Order writing and must be filed with the Deputy General Counsel within one BILUNG CODE 7905-01-M 12291. Therefore, no regulatory impact year following the date on which the analysis is required. There are no initial determination was issued. Where information collections imposed by a request for reconsideration has been DEPARTMENT OF TRANSPORTATION these amendments. timely filed, the Deputy General Counsel list of Subjects in Part 259 or his or her designee shall notify all Coast Guard other parties to die initial determination Railroad employees, railroads, of such request. The party who 33 CFR Part 117 railroad retirement, railroad requested reconsideration and any other unemployment insurance. party shall have the right to submit [CGD1-91-004] For the reasons set out in the briefs or written argument, as well as preamble, 20 CFR part 259 of the Board's any documentary evidence pertinent to Drawbridge Operation Regulations regulations are proposed to be amended the issue under consideration. The Saugus River, MS as follows: Deputy General Counsel or his or her AGENCY: Coast Guard, DOT. designee shall review the material PART 259—INITIAL DETERMINATIONS furnished all parties and shall submit it a c t i o n : Proposed rule. AND APPEALS FROM INITIAL to the Board with a recommendation as DETERMINATIONS WITH RESPECT TO SUMMARY: At the request of the to the determination upon Metropolitan District Commission EMPLOYER AND EMPLOYEE STATUS reconsideration. The Board shall then (MDC) and the Massachusetts 1. The authority citation for part 259 is issue a determination with respect to the Department of Public Works (MDPW), revised to read as follows: request for reconsideration. Hie the Coast Guard is considering changes Secretary to the Board shall prompdy Authority: 45 U.S.C. 23lf; 45 U.S.C. 962(1). to the regulations governing the General notify all parties of the determination Edwards SRlA Bridge, mile 1.7, between 2. Section 259.1 is revised to read as upon reconsideration. Revere and Lynn, Massachusetts, the follows: $ 259.4 [Amended] Massachusetts Bay Transit Authority (MBTA)/AMTRAK Bridge, mile 2.1, and § 259.1 Initial determinations with respect 4. Section 259.4 is amended by to employer and employee status. removing the word “rendering a MDPW’s Belden Bly (Foxhill) Bridge, determination” in the first sentence and mile 2.5 both between Lynn and Saugus, The Deputy General Counsel of the Massachusetts, all over the Saugus Railroad Retirement Board or his or her substituting therefor “performing his or her responsibilities”. River, by revising -the hours when designee shall make the initial advance notice for an opening is investigations with respect to: § 259.5 [Removed] required at all three bridges. This (a) The status of any person as an 5. Section 259.5 is removed. proposal is being made because of the employer under the Railroad Retirement limited number of openings requested Act and the Railroad Unemployment § 259.6 [Redesignated as § 259.5] during the proposed time periods. This Insurance Act and the rules and 6. Section 259.6 is redesignated as action should relieve the bridge owners regulations issued thereunder; and | 259.5 of the burden of having persons (b) The status of any individual or 7. Section 259.7 is redesignated as constantly available to open the draws group of individuals as an employee or § 259.6 and is revised to read as follows: and should still provide for the employees of an employer covered reasonable needs of navigation. under the Railroad Retirement Act and § 259.6 Finality of determinations Issued the Railroad Unemployment Insurance under this part DATES: Comments must be received on Act. Upon completion of this Any determination rendered by the or before August 8,1991. investigation the Deputy General Board at the initial or reconsideration ADDRESSES: Comments should be Counsel or his or her designee, shall stages shall be considered a final mailed to Commander (obr). First Coast submit to the Board the results of the determination and shall be binding with Guard District, Bldg. 135A, Governors investigation together with a respect to all parties thereto unless a Island, NY 10004-5073. The comments recommendation concerning the timely request has been made for and other materials referenced in this coverage determination. The Board shall reconsideration, or an appeal has been notice will be available for inspection make the initial determination with filed with the appropriate United States and copying at the above address or at respect to the status of any person as an Court of Appeals, respectively. A final the John Foster Williams Building, 408 employer or as an employee under the determination may be challenged at the Atlantic Ave, Boston, Massachusetts. Railroad Retirement Act and the request of a party who was, or could Normal office hours are between 8 a.m. Railroad Unemployment Insurance Act. have been, a party to the final and 4:30 p.m., Monday through Friday, The Secretary to the Board shall determination when the party alleges except holidays. Comments may also be promptly notify the party or parties, as that the law or the facts upon which the hand-delivered to these addresses. <• , ,.r. ( f v .■< ,,,K , , . .... ,, . J |(1- 1 \ , l_ *, v; 28734 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules

FOR FURTHER INFORMATION CONTACT: local vessels used for public safety State of Massachusetts between the William C. Heming, Bridge purposes and vessels in distress. The listings for Merrimack River and the Administrator, First Coast Guard owners of these bridges are also Taunton River to read as follows: District, (212) 668-7170. required to maintain clearance gauges to § 117.618 Saugus R iver SUPPLEMENTARY INFORMATION: facilitate transit of small vessels while Interested persons are invited to the bridges are in the closed position. (a) The following requirements apply participate in this rulemaking by Appendix A to 33 CFR part 117 is to all bridges across the Saugus River: submitting written views, comments, revised to reflect the installation of (1) Public vessels of the United States, data, or arguments. Persons submitting radiotelephones on these bridges to state or local vessels used for public comments should include their names improve communications, minimize safety, and vessels in distress shall be and addresses, identify the bridge(s), delays to marine and land traffic, and passed through the draw of each bridge and give reasons for concurrence with enhance marine safety. as soon as possible at any time. The opening signal from these vessels is four or any recommended changes in the Economic Assessment and Certification proposal. Persons desiring or more short blasts of a whistle or horn acknowledgment that their comments These proposed regulations are or a radio request. have been received should enclose a considered to be non-major under (2) The owners of these bridges shall stamped self-addressed post card or Executive Order 12291 on Federal provide and keep in good legible envelope. The Commander, First Coast Regulation, and nonsignificant under the condition clearance gauges with figures Guard District, will evaluate all Department of Transportation regulatory not less than 12 inches high designed, communications received and determine policies and procedures (44 FR11034; installed and maintained according to a course of final action on this proposal. February 26,1979). The economic impact provisions of § 118.160 of this chapter. The proposed regulations may be is expected to be so minimal that a full (3) Trains and locomotives shall be changed in light of comments received. regulatory evaluation is unnecessary. controlled so that any delay in opening This opinion is based on the fact that Drafting Information: the draw span shall not exceed seven the regulation changes will not prevent minutes. However, if a train moving The drafters of this notice are Mr. the mariners from transiting the bridges toward the bridge has crossed the home John McDonald, Project Officer, and but shall just require advance notice for signal for the bridge before the signal Lieutenant John Gately, project attorney. openings. Since the economic impact of requesting opening of the bridge is Discussion of Proposed Regulations this proposal is expected to be minimal, given, the train may continue across the the Coast Guard certifies that, if bridge and must clear the bridge The vertical clearances for the adopted, it will not have a significant General Edwards SRlA Bridge, the interlocks before stopping. economic impact on a substantial (4) Except as provided in paragraph MBTA/AMTRAK Bridge, and the Rt 107, number of small entities. Belden Bly (Foxhill) Bridge are 27’, 07’ (b) through (d) of this section the draws and 6’ at MHW ahd 36’, 17’ and 16’ at Federalism Implication Assessment shall open on signal. (b) The draw of the General Edwards MLW, respectively. The current This action has been analyzed under regulations for these drawbridges are SRlA Bridge, mile 1.7, between Revere the principles and criteria in Executive and Lynn, Massachusetts, shall open on that they open on signal at all times. The Order 12612, and it has been determined Coast Guard has received requests from signal except that from December 1 that this proposed regulation does not through March 31 at least 8 hour the MDC and MDPW to change the have sufficient federalism implications operating regulations for their bridges to advance notice shall be given by to warrant preparation of a federal commercial and recreational vessels for permit 8 hours advance notice during assessment. periods of limited use as follows: (a) The an opening. General Edwards Bridge SRlA Bridge List of Subjects in 33 CFR Part 117 (c) The draw of the Massachusetts from December 1 thru March 31; (b) The Bridges, Bay Transportation Authority (MBTA)/ MBTA/AMTRAK Bridge from 12 a.m. to AMTRAK Bridge, mile 2.1, between 5 a.m., daily; and Belden Bly (Foxhill) Rt Proposed Regulations Saugus and Lynn, Massachusetts, shall 107 Bridge from May 1 thru September In consideration of the foregoing, the open on signal except that from 12 a.m. 30, from 12 a.m. to 5 a.m. and from Coast Guard proposes to amend part 117 to 5 a.m. daily at least 6 hour advance October 1 thru April 30, from 9 p.m. to 5 of title 33, Code of Federal Regulations, notice shall be given by commercial and a.m. At all other times, these bridges as follows: recreational vessels for an opening. would be manned and open on signal. (d) The draw of the Route 107, Belden Advance notice for the General PART 117—DRAWBRIDGE Bly (Foxhill) Bridge, mile 2.5, between Edwards Bridge will be made to the OPERATION REGULATIONS Saugus and Lynn, Massachusetts, shall MDC personnel on watch at the Charles open on signal except that at least 8 1. The authority citation for part 117 hours advance notice shall be given by River Dam. The notifications for MDPW continues to read as follows: and MBTA bridges will be to their commercial and recreational vessels for respective 24 hour phone numbers. The Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 an opening from: proposed regulations also require that CFR 1.05-l(g). (1) May 1 through September 30, from all the bridges over the Saugus River 2. Section 117.618 is revised and midnight to 5 a.m., and open as soon as possible for public Appendix A to part 117 is amended to (2) October 1 through April 30, from 9 vessels of the United States, state and add the Saugus River listings under the p.m. to 5 a.m.

A p p e n d ix A t o P a r t 117— D r a w b r id g e E q u ip p e d W ith R adiotelephones

Waterway Mile Location Bridge name and owner Call sign Channel c h a n n e l

Massachusetts:

Saugus River...... 1.7 Lynn-Revere...... General Edwards SR1A MDC...... WHV 992 16 13 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules 28735

Waterway Mite Location Bridge name and owner CaH sign

2.1 Saugus-Revere------Saugus/MBTA, MBTA______KVY 568 16 13 2.7 Saugus-Revere------Bekten Bly(Foxhill), MDPW______Pending 16 13

Dated: June 7,1991. Summary of the Notice of Proposed Rule permitted to use be expanded to include R.I. Rybacki, Making the 74.6-74.8 MHz and 75.2-75.4 MHz Rear Admiral, U.S. Coast Guard, Commander, 1. The Commission proposes to amend bands. This spectrum became available First Coast Guard District. 47 CFR part 15 of its rules by expanding for fixed and mobile services after the [FR Doc. 91-14931 Filed «-21-91; 8:45 am] the frequency bands in which auditory two guardbands protecting aeronautical BILUNG CODE 4910-14-M assistance devices are permitted to marker beacons at 75.0 MHz were operate. This proposal addresses a narrowed from 400 kHz to 200 kHz on petition for rule making before the January 1,1990. Phonic Ear states that Commission filed by Phonic Ear, Inc. auditory assistance devices would not FEDERAL COMMUNICATIONS (“Phonic Ear’’), on December 12,1989. experience significant interference on COMMISSION 2. Auditory assistance devices operate these frequencies because there is not on a non-licensed basis under 47 CFR existing use and any potential new 47 CFR Part 15 part 15. An auditory assistance device is services must be limited to operation defined in 47 CFR 15.3(a) as an below one watt in accordance with [GEN Docket No. 91-150; FCC 91-167] intentional radiator used to provide Footnote US 273 to the Table of Frequency Allocations. RIN 3G60-AD68 auditory assistance to a handicapped person or persons. Such devices are 4. Williams Sound Corporation filed Additional Frequencies for Auditory typically used for auricular training in comments in support of Phonic Ear’s Assistance Devices an educational institution, for auditory position. The Manufacturer’s Radio assistance at places of public gatherings, Frequency Advisory Committee AGENCY: Federal Communications and for auditory assistance to ("MRFAC”) filed comments opposing Commission. handicapped individuals in other Phonic Ear’s petition. It points out that locations. Auditory assistance devices MRFAC has filed a separate petition for action: Proposed rule. currently operate in the frequency bands rule making requesting that the 74.6-74.8 72-73 MHz and 75.4-76 MHz. These MHz and 75.2-75.4 MHz bands be s u m m a r y : The proposed rule would expand the frequency bands in which frequency bands are allocated to the allocated to the Manufacturers Radio unlicensed auditory assistance devices fixed and mobile services and are Service (“MRS”) under 47 CFR part 90 of are permitted to operate. This change is available for use under the Domestic the Commission’s rules. MRFAC wishes necessary because hearing-impaired Public Land Mobile Service (47 CFR part to use these frequencies for remote persons using auditory assistance 22), the Private Land Mobile Service (47 control of industrial equipment, and devices in the frequency bands currently CFR part 90), and the Personal Radio believes that auditory assistance available to them are experiencing Service (47 CFR part 95). Under the 47 devices operating in these bands would interference from licensed radio CFR part 15 conditions for operation, be difficult to locate and shut down transmitters. This change would allow auditory assistance devices may not should they cause harmful interference. hearing-impaired persons to more easily cause harmful interference to these MRFAC, therefore, believes that Phonic interact with the rest of society. services and must accept any Ear’s petition should be denied in order interference received. to prevent possible interference to d a t e s : Comments must be submitted on 3. In its petition, Phonic Ear states that remote control signals in manufacturing or before September 9,1991, and reply auditory assistance devices have been plants in the event that MRFAC’s comments on or before October 9,1991. experiencing increasing amounts of petition is granted. a d d r e s s e s : Federal Communications interference due to growth in use of the 5. Based on the argument presented in Commission, 1919 M Street NW, 72-73 MHz and 75.4-76 MHz bands by Phonic Ear’s petition and the comments Washington, DC 20554. the land mobile services. These services filed in response to that petition, it transmit signals at much higher levels appears that auditory assistance devices f o r f u r t h e r information c o n t a c t : than are permitted for auditory David Wilson, Office of Engineering and are indeed experiencing significant Technology, (202) 653-8138. assistance devices under 47 CFR part 15. interference problems in the bands in In particular, according to Phonic Ear, which they are currently permitted to SUPPLEMENTARY INFORMATION: This is a messages transmitted by paging systems operate. We believe the public interest summary of the Commission’s Notice of often interrupt and override the voice of would be served by making additional Proposed Rule Making in GEN Docket a teacher as heard by a hearing- frequencies available to remedy the No. 91-150, FCC 91-167, adopted May impaired student using an auditory interference problem. 24,1991. The full text of this decision is assistance device. Phonic Ear states that 6. The frequency bands 74.6-74.8 MHz available for inspection and copying the number of usable frequencies is so and 75.2-75.4 Mhz appear to be ideally during normal business hours in the FCC severely limited by interference that, as suited as additional spectrum for Dockets Branch (room 230), 1919 M a result, some large educational auditory assistance devices. These Street NW., Washington, DC. The institutions are now unable to operate frequencies would enable use of existing complete text of this decision also may enough auditory assistance devices to equipment designs because of the close be purchased from the Commission’s cover all of their classrooms. In order to proximity to the currently available duplicating contractor, Downtown Copy correct this situation, Phonic Ear frequencies. Therefore, we expect there Center, 1114 21st Street NW., proposes that the frequency bands would be little or no increase in the cost Washington, DC 20036, (202) 452-1422. which auditory assistance devices are of the equipment, which is often a WM Federal Register '/ Vol. 56, No. 121:/ Mdndaÿ, Julie 24, 1991 / Proposedi Rules matter of particular concern to the harmful interference that has been would be no cost to the manufacturers handicapped. Perhaps most important, caused to the Manufacturer’s Radio to comply with the proposed rules auditory assistance devices are far less Service by auditory assistance devices. because they would not be required to likely to experience interference on 8. In light of these considerations, we make any changes to their current these frequencies since they are are proposing to amend 47 CFR part 15 operations. The new rules would simply currently vacant. Moreover, any of the rules to allow auditory assistance provide them with design option which services that may be ultimately devices to be operated in the 74.6-74.8 they did not have before. authorized to use these frequencies will MHz and 75.2-75.4 MHz bands, as V. Recording, record keeping and be required to limit the transmitter specified below. The administrative and other compliance requirements: No output power to no more than one watt technical requirements for operation in changes in record keeping requirements as specified in Footnote US 273 to the these bands are proposed to be identical are proposed. However, there may be an Table of Frequency Allocations. Thus, to those for the existing auditory increase in the number of measurements auditory assistance devices will not be assistance devices. We invite comments performed on each auditory assistance exposed to the type of high power regarding this proposal. device in preparation for filing or an signals existing in the frequency bands Initial Regulatory Flexibility Analysis equipment authorization. currently being used. It is important to VI. Federal rules which overlap, note that the proposed change will Pursuant to the Regulatory Flexibility duplicate or conflict with the proposed permit any 47 CFR part 15 device which Act of 1980, 5 U.S.C. 603, the rule: None. complies with the general radiated Commission’s initial analysis is as VII. Any significant alternative emission limits in 47 CFR 15.209 to follows: minimizing the impact on small entities operate within these bands, along with I. Reason for Action: Auditory and consistent with the stated auditory assistance devices. However, assistance devices operating in the objectives: None. since the general emission limits of 47 bands available to them under part 15 of CFR 15.209 are considerably lower than the FCC Rules appear to be experiencing List of Subjects in 47 CFR Part 15 the emission limits provided for auditory a significant amount of interference from Communications equipment, assistance devices, it is not expected common carrier and private radio Education of handicapped. that other 47 CFR part 15 devices systems. In some cases, this interference operating under this section will present renders the auditory assistance devices Title 47 of the Code of Federal any greater potential for interference. unusable. Regulations, part 15 is proposed to be 7. We note that the Commission has II. Objective: Thé objective of the amended as follows: made no finding on the merits of proposed rules is to improve the quality MRFACs petition for use of the 74.6- of life for hearing impaired individuals PART 15—[AMENDED] 74.8 MHz and 75.2-75.4 MHz bands by by affording them the opportunity to 1. The authority citation for part 15 the Manufacturer’s Radio Service. In better communicate with teachers, continues to read as follows: any event, if we were to act favorably performers, and other public speakers. on MRFAC’8 petition we believe there III. Legal Basis: Action is proposed in Authority: Sec. 4, 302,303, 304, and 307 of would be little risk of interference from accordance with sections 4(i), 302, the Communications Act of 1934, as auditory training devices. The 72-73 303(e), 303(f), 303(g) and 303(r) of the amended. 47 U.S.C. 154, 302, 303, 304, and 307. MHz and 75.4-76 HMz bands, which Communications Act of 1934, as 2. Section 15.205(a) is revised to read auditory assistance devices have been amended. as follows: using for nearly 20 years, are also used IV. Description, potential impact and by the Manufacturer’s Radio Service for number of small entities affected: The § 15.205 Restricted bands of operation. fixed operations limited to the confines proposed changes in the regulations (a) Except as shown in paragraph (d) of manufacturing areas, and mobile would affect only a few small entities. of this section, only spurious emissions operations limited to an output power of An estimate of the number of such are permitted in any of the frequency one watt We are unaware of any parties affected is six or less. There bands listed below:

MHz MHz MHz GHz

0.090-0.110 156.7-156.9 2200-2300 9.0-9.2 0.49-0.51 162.0125-167.17 2310-2390 9.3-9.5 2.1735-2.1905 167.72-173.2 2483.5-2500 10.6- 12.7 8.362-8.366 240-285 2655-2900 13.25-13.4 13.36-13.41 322-335.4 3260-3267 14.47-14.5 25.5- 25.67 399.9-410 3332-3339 15.35-16.2 37.5- 38.25 608-614 3345.8-3358 17.7- 21.4 73-74.8 960-1240 3600-4400 22.pi-23,12 74.8-75.2 1300-1427 4500-5250 23.6-24.0 108-121.94 1435-1626.5 5350-5460 31.2-31.8 .123-138 1660-1710 7250-7750 36.43-36.5 149.9-150.05 1718.8-1722.2 8025-8500 (‘)

1 Above 38.6. Federal Register / Val, 56, No. 121/ Monday. June 24, 1991 / Proposed Rules 28737

3. The § heading of § 15.237 is revised to read as follows: § 15.237 Operation In the bands 72.0-73.0 MHz, 74.6-74.8 MHz and 75.2-76.0 MHz. Federal Communications Commission. Donna R. Searcy, Secretary. [FR Doc. 91-14985 Filed 6-21-91; 8:45 am] BILLING CODE 6712-01-M 28738 Notices Federal Register Vol. 56, No. 121 Monday, June 24, 1991

This section of the FEDERAL REGISTER Animal and Plant Health Inspection Givens at this same address. The contains documents other than rules or S e rv ice documents should be requested under proposed rules that are applicable to the the permit numbers listed below. public. Notices of hearings and [Docket 91-078] SUPPLEMENTARY INFORMATION: The investigations, committee meetings, agency regulations in 7 CFR part 340 regulate decisions and rulings, delegations of Availability of Environmental authority, filing of petitions and the introduction (importation, interstate Assessments and Findings of No movement, and release into the applications and agency statements of Significant Impact Relative to Issuance organization and functions are examples environment) of genetically engineered of Permits to Field Test Genetically of documents appearing in this section. organisms and products that are plant Engineered Organisms pests or that there is reason to believe a g e n c y : Animal and Plant Health are plant pests (regulated articles). A DEPARTMENT OF AGRICULTURE Inspection Service, USDA. permit must be obtained before a a c t i o n : Notice. regulated article can be introduced into Agricultural Marketing Service the United States. The regulations set [TB-91-011] s u m m a r y : We are advising the public forth procedures for obtaining a limited that eight environmental assessments permit for the importation or interstate Burley Tobacco Advisory Committee; and findings of no significant impact movement of a regulated article and for M eeting have been prepared by the Animal and obtaining a permit for the release into Plant Health Inspection Service relative the environment of a regulated article. In accordance with the Federal to the issuance of permits to allow the The Animal and Plant Health Inspection Advisory Committee Act (5 U.S.C. app.j field testing of genetically engineered Service (APHIS) has stated that it would announcement is made of the following organisms. The assessments provide a prepare an environmental assessment committee meeting: basis for the conclusion that the field and, when necessary, an environmental Name: Burley Tobacco Advisory testing of these genetically engineered impact statement before issuing a permit Committee. organisms will not present a risk of the for the release into the environment of a Date: July 11,1991. introduction or dissemination of a plant regulated article (see 52 FR 22906). Time: 10:30 a.m. Place: Campbell House Inn, 1375 pest and will not have a significant In the course of reviewing the permit Harrodsburg Road, Lexington, Kentucky impact on the quality of the human applications, APHIS assessed the 40405. environment. Based on these findings of impact on the environment of releasing Purpose: To receive reports from no significant impact, the Animal and the organisms under the conditions subcommittees discuss new policies and Plant Health Inspection Service has described in the permit applications. procedures for the 1991 burley marketing determined that environmental impact APHIS concluded that the issuance of season, review regulations pursuant to the statements need not be prepared. the permits listed below will not present Tobacco Inspection Act, 7 U.S.C. 511 et seq., and other related issues. ADDRESSES: Copies of the a risk of plant pest introduction or environmental assessments and findings dissemination and will not have a The meeting is open to the public. of no significant impact are available for significant impact on the quality of the Persons, other than members, who wish public inspection at USDA, room 1141, human environment. to address the Committee at the meeting South Building, 14th and Independence The environmental assessments and should contact the Director, Tobacco Avenue, SW„ Washington, DC, between findings of no significant impact, which Division, Agricultural Marketing 8 a.m. and 4:30 p.m., Monday through are based on data submitted by the Service, U.S. Department of Agriculture, Friday, except holidays. applicants as well as a review of other room 502, Annex Building, P.O. Box relevant literature, provide the public 96458, Washington, DC 2Ô090-6456, (202) FOR FURTHER INFORMATION CONTACT: Mr. Clayton Givens, Program Assistant, with documentation of APHIS’ review 447-2567, prior to the meeting. Written and analysis of the environmental statements may be submitted to the Biotechnology Permits, Biotechnology, Biologies, and Environmental Protection, impacts associated with conducting the Committee before, at, or after the field tests. meeting. Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Environmental assessments and Dated: June 18,1991. room 850, Federal Building, 6505 Belcrest findings of no significant impact have Daniel Haley, Road, Hyattsville, MD 20782, (301) 436- been prepared by APHIS relative to the Administrator. 7612. For copies of the environmental issuance of the following permits to (FR Doc. 91-14960 Filed 6-21-91; 8:45 am] assessments and findings of no allow the field testing of genetically BtLUNQ CODE 3410-02-M significant impact, write Mr. Clayton engineered organisms:

Date Organism Field Test Location Permit No. Applicant Issued

91-025-03...... Ciba-Geigy Biotechnology Research..... 05-10-91 Corn plants genetically engineered to contain a gene McClean County, Illinois. for resistance to the antibiotic hygromycin and a marker gene encoding beta-glucuronidase. 91-030-01...... Monsanto Agricultural Company...... 05-10-91 Com plants genetically engineered to .express a delta- Jersey County, Illinois. endotoxin protein from Bacillus thuringiensis subsp. kurstaki. Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Notices 2873d

Date Organism Field Test Location Permit No. Applicant Issued

91-035-06...... Campbell Institute for Research and 05-10-91 Tomato plants genetically engineered to express a Yolo County, California. Technology. delta-endotoxin protein from Bacillus thuringiensis subsp. kurstaki. East Baton Rouge Parish, Louisiana. 91-043-01...... Louisiana State University...... 05-10-91 Rice plants genetically engineered to contain a hygro- mycin marker along with one of the following struc­ tural genes: a rice storage protein gene, pea stor­ age protein gene, and a delta-endotoxin protein from Bacillus thuringiensis subsp. sotto. 91-072-01...... Garst Seed Company...... 05-13-91 Com plants genetically engineered to express genes Boone County, Iowa. from a non-pathogenic source organism. 91-011-04...... Monsanto Agricultural Company...... 05-14-91 Potato plants genetically engineered to express a Umatilla County, Oregon; Yakima delta-endotoxin protein from Bacillus thuringiensis County, Washington; and Waushara subsp. tenebrionis. County, Wisconsin. 91-024-01...... Monsanto Agricultural Company...... 05-14-91 Potato plants genetically engineered to contain a Canyon County, Idaho; Jersey County, gene encoding the coat protein of the potato leaf Illinois; and Benton County, Wash­ roll virus. ington. 91-030-04...... Monsanto Agricultural Company...... 05-17-91 Potato plants genetically engineered to express a Bingham County, Idaho. carbohydrate biosynthetic enzyme.

Done in Washington, DC, this 19th day of KMM is in the process of shifting the Executive Secretary, Foreign-Trade June 1991. production of engines and transmissions Zones Board, U.S. Department of James W. Glosser, for the Nebraska-made all-terrain Commerce, room 3716,14th & Administrator, Animal and Plant Health vehicles from Japan to its Missouri Pennsylvania Ave., NW., Washington, Inspection Service. engine plant. The production of engines DC 20230. [FR Doc. 91-14959 Filed 6-21-91; 8:45 amj has already been specifically approved Dated: June 14,1991. BILLING CODE 3410-34-M as part of die original subzone plan for John J. Da Ponte, Jr., Subzone 15E (Missouri plant). The production of transmissions Executive Secretary. [FR Doc. 91-14972 Filed 6-21-91; 8:45 am] DEPARTMENT OF COMMERCE appear to be within the range of activity approved for the Nebraska plant based BILLING CODE 3510-DS-M Foreign-Trade Zones Board on the expectation that the plant would increase domestic sourcing over time. [Docket No. A-17-91] Instead of shifting production of the International Trade Administration Foreign-Trade Subzone 15E— transmissions to the Nebraska plant, [A-583-810] Kawasaki Engine Plant Nodaway however, KMM plans to use the County, MO; Foreign-Trade Subzone Missouri plant because they are Postponement of Final Antidumping 59A—Kawasaki Motorcycle, Jetski, assembled with the same machinery as Duty Determination: Chrome-Plated and All-Terrain Vehicle Plant, Lincoln, the engines. Lug N u ts fro m Taiw an NE; Request Concerning Based on a preliminary review, it Manufacturing Authority appears that the proposed activity is a g e n c y : Import Administration, consistent with the activity approved in International Trade Administration, A request has been submitted to the FTZ Board Orders 163 and 454, both of Commerce. Foreign-Trade Zones Board (the Board] which apply to the related KMM plants. EFFECTIVE DATE: June 24, 1991. by the Greater Kansas City Foreign- Engines and transmissions for all-terrain FOR FURTHER INFORMATION CONTACT: Trade Zone, Inc., grantee of FTZ vehicles are closely interrelated, and the Mi-Yong Kim or Rick Herring, Subzone 15E, on behalf of the small transmissions made under zone Investigations, Import Administration, engine manufacturing plant of Kawasaki procedures at the Missouri plant will be International Trade Administration, U.S. Motors Manufacturing Corporation, shipped exclusively for assembly of all- Department of Commerce, 14th Street U.S.A. (KMM), in Nodaway County, terrain vehicles made at the KMM and Constitution Avenue NW., Missouri, for a determination that Nebraska plant. The production of the Washington, DC 20230, at (202) 377-0189 certain proposed manufacturing activity transmissions at the Missouri plant will or 377-3530, respectively. is within the scope of authority be subject to the restrictions in Board approved by the Board. Orders 163 and 454, including the POSTPONEMENT: On May 29,1991, In December 1989, the Board condition that requires the election of Gourmet Equipment (Taiwan) authorized FTZ Subzone 15E (Board privileged foreign status on all foreign Corporation (Gourmet), a respondent in Order 454, 54 FR 50257,12/5/89). Some merchandise subject to antidumping or this antidumping investigation, of the engines produced at the plant are countervailing duty orders at the time of requested that the Department extend for vehicles made at KMM’s plant in admission to the subzone. Temporary the final determination until not later Lincoln, Nebraska, which was authority has been given for this activity than 135 days after the date of authorized as Subzone 59A in for a six-month period ending December publication of the preliminary September 1980 (Board Order 163,45 FR 16,1991, during which time the Board determination, in accordance with 58637,9/4/80). The Nebraska plant would review any comments received in section 735(a)(2) of the Tariff Act of produces motorcycles, jetskis/ response to this notice. 1930, as amended (the Act). On June 4, snowmobiles, and all-terrain vehicles. The FTZ Staff invites comments from 1991, petitioner opposed the extension. Engines and transmissions are among interested parties for consideration prior Under § 353.20(b) of Commerce’s the components that KMM is currently to completing its review. Comments regulations (19 CFR 353.20(b)), the sourcing from abroad for the all-terrain must be submitted by July 21,1991. They Department will extend a final vehicles made at the Nebraska plant. shall be addressed as follows: Office of determination to not later than 135 days 28740 Federal Registrar / Vol. 56» No. 121 / Monday, June 24, 1991 / Notices after a preliminary affirmative the total bounty or grant to be 7.22 rather than financing solely on exports determination at the request of a percent ad valorem. to the United States. As a result, the respondent accounting for a significant EFFECTIVE DATE: June 24,1991. amount of financing attributed to their proportion of the merchandise, unless FOR FURTHER INFORMATION CONTACT. exports of cotton shop towels to the there are compelling reasons not to do Christopher Beach or Maria MacKay, United States greatly exceeded the so. In this investigation, we have Office of Countervailing Compliance, value of those exports. determined that compelling reasons International Trade. Administration, U.S. This is unlikely in light of the exist not to grant the full extension Department of Commerce, Washington, Department’s own description of this requested. While Gourmet accounts for DC, 20230; telephone: (202) 377-2786. program’s operation, which indicates a large majority of the sales being SUPPLEMENTARY INFORMATION: that financing exceeding export investigated, it was preliminarily found performance would incur a stiff penalty. to have no sales at less than fair value Background Therefore, since the amount of financing and, hence, its entries of merchandise reported by these companies cannot be are not subject to suspension of On March 1,1991, the Department of Commerce (the Department) published tied to exports of cotton shop towels to liquidation. Therefore, we are granting the United States, the Department only a limited extension and intend to in the Federal Register (56 FR 8743) the preliminary results of this should divide the benefit from the loans make our final determination no later by each company’s total exports. than July 25,1991. administrative review of the countervailing duty order on cotton shop Department’s Position: We have p u b l ic COMMENT: In accordance with 19 towels front Pakistan (49 FR 8974; March examined the information provided in CFR 353.38, case briefs or other written 9,1984). The Department has now the questionnaire response and comments in at least ten copies must be completed that administrative review In determined that three companies submitted to the Assistant Secretary no accordance with section 751 of the Tariff reported loan amounts that exceed the later than July 1,1991, and rebuttal Act of 1930, as amended (the Tariff Act). value of their exports of cotton shop briefs, no later than July 8,1991. A towels to the United States. Because public hearing will be held on July 15, Scope of Review respondents did not demonstrate that 1991, at 10 a.m., at the U.S. Department Imports covered by this review are any of these loans were attributable to of Commerce, room 1410,14th Street and shipments of Pakistani cotton shop non-U.S. exports, as best information Constitution Avenue NW., Washington, towels. During the review period, such available, we divided the benefit from DC 20230. Parties should contact one of merchandise was classifiable under item these loans by each company’s U.S. the individuals named in the ‘Tor number 8307.10.20 of the Harmonized exports. However, it is unlikely that the Further Information Contact” section of Tariff Schedule (HTS). The HTS item program provides preferential financing this notice to confirm the date and number is provided for convenience and at an amount greater than 100 percent of location of the hearing. In accordance Customs purposes. The written the value of those exports. Therefore, with 19 CFR 353.38(b), oral presentations description remains dispositive. we calculated the benefit to these three will be limited to the issues raised in the The review covers the period January companies based on an amount of briefs. 1,1989 through December 31,1989, and financing equal to the value of each This notice is published pursuant to five programs: (1) Export Financing company’s exports of cotton shop towels section 735(d) of the Act and 19 CFR Scheme; (2) Excise Tax, Sales Tax and to the United States. On this basis, we 353.20(b)(2). Customs Duty Rebate programs; (3) determine the benefit from this program Dated: June 14.1991. Income Tax Reductions for Exports; (4) to be 1.47 percent ad valorem during the Marjorie A. Chorlins, Import Duty Rebates; and (5) Export review period. Credit Insurance. Acting Assistant Secretary for Import Final Results of Review Administration. Analysts of Comments Received [FR Doc. 91-14973 Fried fr-21-91; 8:45 amj As a result of our review, we We gave interested parties an BILLING CODE 3510-DS-M determine the total bounty or grant to be opportunity to comment on the 7.22 percent ad valorem during the preliminary results. We received period January 1,1989 through [C-535-001] comments from the respondents, the December 31* 1989. Export Promotion Bureau of Pakistan Therefore, the Department will Cotton Shop Towels from Pakistan; and the exporters of cotton shop towels from Pakistan. instruct the Customs Service to assess Final Results of Countervailing Duty countervailing duties of 7.22 percent of Administrative Review Comment l. The respondents point out that Index Linentex exported shop the f.o.b. invoice price on shipments on this merchandise exported on or after a g e n c y : International Trade towels to the United States during the Administration/Import Administration review period and the Department did January 1,1989 and on or before Department of Commerce. not include their exports in its December 31,1989. Further, the Department will instruct a c t io n : Notice of final results of calculation of the weighted-average countervailing duty administrative country-wide rate. the Customs Service to collect cash review. Department Position: We agree and deposits of estimated countervailing have revised our calculations duties of 7.22 percent of the f.o.b. invoice SUMMARY: On March 1.1991, the accordingly. price on all shipments of this Department of Commerce published the Comment 2: Respondents contend merchandise entered, or withdrawn preliminary results of its administrative that, in calculating the benefit from the from warehouse, for consumption on or review of the countervailing duty order export financing scheme^ the after the date of publication of this on cotton shop towels from Pakistan for Department failed to recognize that notice. This deposit requirement shall the period January 1.1989 through several companies that used this remain in effect until publication of the December 31,1989. We have now program reported all export financing final results of the next administrative completed that review and determine outstanding during the review period review. Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 f Notices 28741

This administrative review and notice antidumping or countervailing duty law pork production. The Commission was are in accordance with section 751(a)(1) of the country that made the given 60 days (until October 23,1990) to of the Tariff Act (19 U.S.C. 1675(a)(1)) determination. take action consistent with the Panel’s and 19 CFR 355.22. Under article 1904.13 of the decision. Dated: June 14,1991. Agreement, where a Party alleges that a On October 23,1990, the Commission Eric I. Garfinkel, binational panel has seriously departed issued its Determination on Remand, horn a fundamental rule of procedure, again finding that the United States pork Assistant Secretary for Import has manifestly exceeded its powers, Administration. industry was threatened with material authority or jurisdiction or that a injury by reason of imports of pork from [FR Doc. 91-14974 Filed 6-21-91; 8;45 amj member of the panel has materially Canada. BILLING CODE 3510-DS-M violated the Code of Conduct On October 26,1990, a Motion for established pursuant to article 1910, and Panel Review of the Commission’s further alleges that any of these actions Determination on Remand was filed by United States-Canada Free-Trade have materially affected the panel's Agreement, Article 1904 Binational the Complainants pursuant to rule 75, decision and threaten the integrity of the which motion was granted by the Panel Panel Reviews: Decision of binational panel review process, that Extraordinary Challenge Committee on November 5,1990. The Commission Party may request that an Extraordinary and the National Pork Producers Council AGENCY: United States-Canada Free- Challenge Committee be established filed briefs in support of the Trade Agreement, Binational under the procedure set out in annex Commission’s Determination on Remand Secretariat, United States Section, 1904.13 of the Agreement. while the Complainants presented briefs International Trade Administration, Under annex 1904.13 of the contesting the Commission’s findings on Department of Commerce. Agreement the Government of the remand. United States and the Government of ACTION: Notice of Decision of the On January 22,1991, the Panel issued Extraordinary Challenge Committee in Canada established Rules of Procedure its Decision on Remand pursuant to rule review of the binational panel decision for Article 1904 Extraordinary Challenge 75(5). The Panel found that the in the panel review of the affirmative Committees (“ECC Rules”). These ECC Commission committed an error of law determination of threat of material Rules were published in the Federal because it exceeded the scope of its own injury made by the U.S. International Register on December 30,1988 (53 FR Notice when reopening the Trade Commission respecting Fresh, 53222). The ECC Rules give effect to the administrative record on remand. The provisions of Chapter Nineteen of the Chilled or Frozen Pork from Canada, Panel further found that the Agreement with respect to Commission’s findings of a threat of Secretariat File No.: ECC-91-1904- Extraordinary Challenge Committee 01USA. imminent material injury were not proceedings conducted pursuant to supported by substantial evidence. For s u m m a r y : On June 14,1991, the article 1904 of the Agreement The ECC these reasons, the Panel again remanded Committee dismissed the request for an Rules are intended to result in decisions the Commission’s Determination on extraordinary challenge for failure to typically within 30 days after the Remand for action not inconsistent with meet the standards of an extraordinary establishment of the Extraordinary the Panel’s Decision of August 24,1990, challenge set forth in FTA article Challenge Committee. The and not inconsistent with the Panel’s Extraordinary Challenge Committee 1904.13, and ordered that the Binational decision in this panel review of the Panel’s Memorandum Opinion and proceeding in this matter was conducted in accordance with these ECC Rules. On Commission’s Determination on Order shall remain in effect and Remand. The results of this further affirmed the Order of the Panel dated April 22,1991, the Extraordinary Challenge Committee ordered that the remand were ordered to be provided by January 22,1991. The Binational Panel the Commission to the Panel within 21 Memorandum Opinion and Order deadline for the Committee to file its decision be extended to June 14,1991. days of the date of this decision (by not remanded the U.S. International Trade later than February 12,1991). Commission’s affirmative determination Background On February 12,1991, the Commission of threat of material injury respecting On September 13,1989, the U.S. filed its Redetermination on Remand Fresh, Chilled or Frozen Pork from pursuant to the Panel decision. The Canada. International Trade Commission (Commission) issued its final affirmative Commission found no material injury FOR FURTHER INFORMATION CONTACT: determination of threat of material nor threat of material injury, but James R. Holbein, United States injury respecting Fresh, Chilled or outlined several errors which it alleged Secretary, Binational Secretariat, suite Frozen Pork from Canada. Requests for the Panel made in its January 22,1991, 4012,14th and Constitution Avenue, Panel Review were filed as required by decision. Washington, DC 20230, (202) 377-5438. the article 1904 Panel Rules, and a On March 29,1991, the United States SUPPLEMENTARY INFORMATION: Chapter Binational Panel was convened to Trade Representative filed a Request for 19 of the United States-Canada Free- review the final determination. an Extraordinary Challenge Committee Trade Agreement (“Agreement”) On August 24,1990, the Binational on behalf of the United States establishes a mechanism to replace Panel remanded the Commission’s final Government in its capacity as a Party to domestic judicial review of final determination for reconsideration the United States-Canada Free-Trade determinations in antidumping and because the Panel found that the Agreement with the United States countervailing duty cases involving Commission relied heavily throughout Secretary of the FTA Binational imports from the other country with on statistics which the Panel found Secretariat The Request alleged that in review by independent binational questionable and which they found five instances the Binational Panel panels. When a Request for Panel colored the Commission’s assessment of seriously departed from a fundamental Review is filed, a panel is established to much of the other evidence. The Panel rule of procedure or manifestly act in place of national courts to review instructed the Commission to reconsider exceeded its powers, authority or expeditiously the final determination to the evidence on the record, and more jurisdiction set forth in article 1904 and determine whether it conforms with the particularly the figures on Canadian further alleged that these actions 2^742 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Notices

Memorandum Opinion and Order for Pursuant to rule 85, the panelists are materially affected the panel’s decision discharged from their duties effective and threatened the integrity of the failure to meet the standards of an June 17,1991. binational panel review process. An extraordinary challenge set forth in FTA Extraordinary Challenge Committee was article 1904.13. The Committee ordered Dated: June 19,1991. convened to review these allegations. that the Binational Panel’s Caratina L. Alston, Memorandum Opinion and Order shall Deputy United States Secretary, FTA Decision of the Committee remain in effect and affirmed the Order Binational Secretariat On June 14,1991, the Committee of the Panel dated January 22,1991. [FR Doc. 91-14939 Filed 6-21-91; 8:45 am] Pursuant to rule 61, the Committee dismissed the request for an BILLING CODE 3510-GT-M extraordinary challenge for failure to members are discharged from their meet the standards of an extraordinary duties effective June 17,1991, the day challenge set forth in FTA article after the decision affirming the panel National Oceanic and Atmospheric 1904.13. The Committee ordered that the decision. Administration Binational Panel’s Memorandum Dated: June 19,1991. Opinion and Order shall remain in effect Caratina L. Alston, Grants; Dean A. Knauss Marine Policy and affirmed the Order of the Panel Deputy United States Secretary, FTA Fellowship, Open for Applications dated January 22,1991. Binational Secretariat. a g e n c y : National Oceanic and Dated: June 19,1991. [FR Doc. 91-14938 Filed 6-21-91; 8:45 am] Atmospheric Administration, Caratina L. Alston, BILUNG CODE 3510-GT-M Commerce. Deputy United States Secretary, FTA a c t i o n : Dean John A. Knauss Marine Binational Secretariat. Policy Fellowship; open for applications. [FR Doc. 91-14937 Filed 6-21-91; 8:45 am] United States-Canada Free-Trade BILLING CODE 3510-GT-M Agreement, Article 1904 Binational SUMMARY: In 1979, the National Sea Panel Reviews: Completion of Panel Grant College Program Office R eview (NSGCPO), in fulfilling its broad United States-Canada Free-Trade educational responsibilities, initiated a Agreement, Article 1904 Binational AGENCY: United States-Canada Free- program to provide educational Panel Reviews: Completion of Trade Agreement, Binational experience in the policies and processes Extraordinary Challenge Committee Secretariat, United States Section, of the Legislative and Executive R eview International Trade Administration, Branches of the Federal Government to Department of Commerce. graduate students in marine related AGENCY: United States-Canada Free- a c t i o n : Notice of Completion of Panel fields. The Fellowship program accepts Trade Agreement, Binational Review of the final affirmative applications once a year during the Secretariat, United States Section, determination of threat of material month of September. All applicants must International Trade Administration, injury made by the U.S. International submit an application to one of the state Department of Commerce. Trade Commission (USITC), respecting Sea Grant College Programs in their ACTION: Notice of Completion of the Fresh, Chilled or Frozen Pork from area. Extaordinary Challenge Committee Canada, Secretariat File No. USA-89- FOR FURTHER INFORMATION CONTACT: Review of the binational panel review of 1904-11. Mr. Robert Shephard, Director, National the affirmative determination of threat Sea Grant Federal Fellows Program, s u m m a r y : Pursuant to rule 84 of the of material injury made by the U.S. National Sea Grant College Program, International Trade Commission Article 1904 Panel Rules (“Rules”) and the Extraordinary Challenge Committee 1335 East-West Highway, Silver Spring, respecting Fresh, Chilled or Frozen Pork Maryland 20910, telephone (301) 427- from Canada, Secretariat File No: ECC- Memorandum Opinion and Order dated 2431 or call your nearest Sea Grant 91-1904-01USA.______June 14,1991, the Panel Review of the final determination described above program:- SUMMARY: Pursuant to rule 60 of the was completed on June 17,1991. University of Alaska—(907) 474-7086. Rules of Procedure for article 1904 University of California—(619) 534-4440. extraordinary Challenge Committees, FOR FURTHER INFORMATION CONTACT: University of Connecticut—(203) 445-3457. and the Extraordinary Challenge James R. Holbein, United States University of Delaware—(302) 451-2841. Committee Memorandum Opinion and Secretary, Binational Secretariat, suite University of Florida—(904) 392-5870. Order dated June 14,1991, the 4012,14th and Constitution Avenue, University of Georgia—(404) 542—7671. Washington, DC 20230, (202) 377-5438. University of Hawaii—(808) 956-7031. Extraordinary Challenge Committee University of Illinois—(217) 333—1824. Review of the binational panel review SUPPLEMENTARY INFORMATION: By a Lousiana State University—(504) 388-6710. described above was completed on June decision dated June 14,1991, the University of Maine—(207) 581-1435. 17,1991. Extraordinary Challenge Committee in University of Maryland—(301) 405-6370. FOR FURTHER INFORMATION CONTACT: Secretariat File No: ECC-91-1904- Massachusetts Institute of Technology l James R. Holbein, United States 01USA, dismissed the request for an 253-7131. extraordinary challenge of the University of Michigan—(313) 763-1437. Secretary, Binational Secretariat, suite University of Minnesota—(612) 625-2765. 4012,14th and Constitution Avenue, Binational Panel’s January 22,1991 Mississippi-Alabama Sea Grant Washington, DC 20230, (202) 377-5438. Memorandum Opinion and Order for Consortium—(601) 875-9341. SUPPLEMENTARY INFORMATION*. By a failure to meet the standards of an University of Mew Hampshire—(603) 862- decision dated June 14,1991, the extraordinary challenge set forth in FTA 2175. Extradordinary Challenge Committee in article 1904.13. The Committee ordered New Jersey Marine Sciences Consortium Secretariat File No: ECC-91-1904- that the Binational Panel’s (908) 872-1300. 01USA, dismissed the request for an Memorandum Opinion and Order shall State University of New York—(516J 632 remain in effect and affirmed the Order 6905. ^ extraordinary challenge of the University of North Carolina—(919) 737-24 3 Binational Panel’s January 22,1991 of the Panel dated January 22,1991. Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 f Notices 28743

Ohio State University-—(614) 292-8949. of business on September 30th of any the judgement of the panel based upon Oregon State University—(503) 737-3396. given year. material submitted. The number of University of Puerto Rico—(809) 832-3585. • The selection process and Purdue University—(317) 494-3585. fellows assigned to the Congress will be subsequent notification will be limited to 10. University of Rhode Island—(401) 792-6800. completed by October 31st of any given South Carolina Sea Grant Consortium—(803) Dated: June 14,1991. 727-2078. year. Ned A. Ostenso, University of Southern California—(213) 740- Stipend and Expenses 1961. Assistant Administrator, Oceanic and Texas A&M University—(409) 845-3854. For 1992 a Fellow will receive a Atmospheric Research. Virginia Graduate Marine Science stipend amount of $24,000. [FR Doc. 91-14941 Filed 6-21-91; 8:45 am) Consortium—(804) 924-5965. BILUNQ CODE 3510-12-M University of Washington—(206) 543-6600. Application University of Wisconsin-—(608) 262-0905. An application will include: Woods Hole Oceanographic Institution— • Personal and academic resume or (508) 548-1400 X2578. curriculum vitae. New England Fishery Management Council; Public Meeting SUPPLEMENTARY INFORMATION: Dean • Education and career goal John A. Knauss Marine Policy statement from the applicant with Fellowship, National Sea Grant College emphasis on what the prospective a g e n c y : National Marine Fisheries Federal Fellows Program, Purpose of the Fellow expects from the experience in Service, NOAA, Commerce. Fellowship Program. the way of career development, (not to The New England Fishery In 1979, the National Sea Grant exceed 2 pages) Management Council and its College Program Office (NSGCPO), in • No more than two letters of Committees will hold a public meeting recommendation with at least one being fulfilling its broad educational on June 25-26,1991, at the King’s Grant responsibilities, initiated a program to from the student’s major professor. Thesis papers are not desired. Inn (telephone: 508-774-6800), route 128 provide educational experience in the at Trask Lane, Danvers, MA. policies and processes of the Legislative • A letter of endorsement from the and Executive Branches of the Federal sponsoring state Sea Grant Director. The Atlantic Sea Scallop Committee Government to graduate students in • Copy of undergraduate and report is the first item scheduled on the graduate student transcripts. Council meeting agenda on June 25, marine related fields. The U.S. Congress It is our intent that all applicants be recognized the value of this program and 1991, at 10 a.m. The report will be evaluated only on their ability, therefore followed by a public hearing on the in 1987, Public Law 100-220 stipulated letters of endorsement from members of that the Sea Grant Federal Fellows current temporary adjustments to the Congress, friends, relatives or others Program was to be a formal part of the sea scallop meat count shell height National Sea Grant College Program will not be considered. standards. The hearing will begin at 11 Placement preference in the Executive a.m. The National Marine Fisheries Act. The recipients are designated Dean or Legislative Branches of the John A. Knauss Marine Policy Fellows. Service Regional Director will at that Government may be stated, and will be time recommend a temporary Announcement honored to the extent possible. adjustment of standards from 30 to 33 Fellows program announcements are Selection Criteria meats per pound (shell height from 3Vfe sent annually to all participating Sea The selection criteria will include: inches to 37/ie inches) for the period July Grant institutions and campuses by the • Strength of Academic Performance. 1,1991, through September 30,1991. If state Sea Grant Director upon receipt of • Communication Stills (both written necessary, the Scallop Committee will notice from the National Sea Grant and verbal). continue its report after the Scallop College Program Office (NSGCPO). A • Diversity of Academic Background. hearing. brochure describing the program is also • Work Experience. On the afternoon of June 26,1991, available from the NSGCPO for • Support of Major Professor. distribution by both that office and the there will be a brief report from the • Support of Sea Grant Director. Habitat Committee Chairman and a state Sea Grant programs. • Ability to Work with People. review by Mr. Charles Kamella of the Eligibility Selection National Marine Fisheries Service of the Any student who, at the time of Selection of finalist will be made by a proposed regime to govern interactions application, is in a master’s, doctoral or panel chaired by the Director of Federal between marine mammals and professional program in a marine related Fellowships of the NSGCPO and include commercial fishing operations. field from any accredited institution of representation from (1) the Council of On June 26,1991, at 9 a.m., the Council higher education may apply to the Sea Grant Directors, (2) the Office of the Chairman, Executive Director, non­ NSGCPO through any state Sea Grant Assistant Administrator for Oceanic voting Council members, the Mid- program. and Atmospheric Research, and (3) the Atlantic Fishery Management Council Deadlines current and possibly past group of liaison and the National Marine Fellows. The individuals representative • Students must submit applications Fisheries Services will give reports. The of these groups will be chosen on a year meetings will close with a Groundfish to a state Sea Grant Director, who will by year basis according to availability, be the applicants sponsor, by the date Committee report and discussion of any timing, and other exigencies. Selection other relevant Council business. set by the Directors in their individual of finalists by the panel will be done program announcement (usually early to according to the criteria outlined above. For more information contact Douglas mid-September). After selection, the panel will group G. Marshall, Executive Director, New * Applications are to be submitted applicants into the two categories, England Fishery Management Council, 5 the NSGCPO by the sponsoring state legislative and executive, based upon Broadway, Saugus, MA 01906; telephone Sea Grant Director, no later than clos the applicant’s stated preference and/or (617) 231-0422. 28744 Fédéral' Register / Vol. 56, No. 121 /‘Monday; Julie 24, *1991* f Noticed

Dated: June 19,1991. Federal Register notice 55 FR 50756, Auggie D. Tantillo, David S. Crestin, published on December 10,1990). Chairman, Committee for the Implementation of Textile Agreements. ; Deputy Director, Office of Fisheries Auggie D. Tantillo, Conservation and Management, National Chairman, Committee for the Implementation [FR Doc. 91-14971 Filed 8-21-91; 8:45 am] Marine Fisheries Service. of Textile Agreements. BILUNG CODE 3510-0R-F [FR Doc. 91-14942 Filed 6-21-91; 8:45 am] Committee for the Implementation of Textile BILLING CODE 3510-22-M Agreements June 18,1991. DEPARTMENT OF DEFENSE Commissioner of Customs, G E N E R A L S E R V IC E S ADMINISTRTION COMMITTEE FOR THE Department of the Treasury, Washington, DC 20229. IMPLEMENTATION OF TEXTILE NATIONAL AERONAUTICS AND AGREEMENTS Dear Commissioner: This directive amends, SPACE ADMINISTRATION but does not cancel, all import control Changes in Harmonized Tariff directives issued to you by the Chairman, FAR/FIRMR on CD-ROM Available Schedule Classification Numbers for Committee for the Implementation of Textile through the Superintendent of Agreements which include cotton, wool, man­ Certain Part-Categories for Cotton, D ocum ents made fiber, silk blend and other vegetable Wool, Man-Made Fiber, Silk Blend and fiber textiles and textile products in the AGENCIES: Department of Defense Other Vegetable Fiber Textiles and following part-categories, produced or (DOD), General Services Administration Textile Products Produced or manufactured in various countries and (GSA), and National Aeronautics and Manufactured in Various Countries entered in the United States for consumption Space Administration (NASA). or withdrawn from warehouse for June 18,1991. consumption on and after July 1,1991, a c t i o n : Notice of availability. a g e n c y : Committee for the regardless of the date of export. SUMMARY: The texts of the Fedeal Implementation of Textile Agreements Also, this directive amends, but does not Acquisition Regulation (FAR) and the (CITA). cancel, all directives issued to you which establish visa arrangements for the following Federal Information Resources ACTION: Issuing a directive to the part-categories for all countries for which Management Regulation (FIRMR) are Commissioner of Customs amending visa arrangements are in place with the available on an electronic medium— Harmonized Tariff Schedule numbers United States Government. Compact Disc-Read Only Memory (CD- for certain part-categories. Effective on July 1,1991, you are directed to ROM). These texts will be updated make the changes shown below in the quarterly. The disc is available for EFFECTIVE DATE: July 1,1991. aforementioned directives for goods entered purchase from the Superintendent of Documents on an annual subscription FOR FURTHER INFORMATION CONTACT: in the United States for consumption or Lori E. Goldberg, International Trade withdrawn from warehouse for consumption basis for $106. on and after July 1,1991, regardless of the ADDRESSES: To order FAR/FIRMR CD- Specialist, Office of Textiles and date of export. Apparel, U.S. Department of Commerce, ROM, List ID GSAFF, send prepayment (202) 377-3400. to: Superintendent of Documents, Department 36-JR, Washington, DC SUPPLEMENTARY INFORMATION: 20402-9325. To order with VISA or Category Obsolete New number Authority: Executive Order 11651 of March number Master Card, phone (202) 783-3238. 3,1972, as amended; section 204 of the FOR FURTHER INFORMATION CONTACT: Agricultural Act of 1956, as amended (7 339-S...... 6104.29.2046 6104.29.2049 Mr. G. Doyle Dodge, Office of Federal 341-0...... 6204.29.4046 6204.29.4070 U.S.C. 1854). 347-T...... 6113.00.0035 6113.00.0038 Acquisition Policy, GSA, 18th & F Streets, NW., room 4037, Washington, To facilitate implementation of 6210.40.2030 6210.40.2035 348-T...... 6113.00.0040 6113.00.0042 DC 20405, telephone (202) 501-2801 or bilateral textile agreements and export 6210.50.2030 6210.50.2035 FTS 8-241-2801. visa arrangements based upon the 438-W...... 6104.29.2048 6104.29.2051 Harmonized Tariff Schedule (HTS), for 438-0...... 6117.90.0024 6117.90.0023 SUPPLEMENTARY INFORMATION: 641-0...... 6204.29.4050 6204.29.4074 goods entered in the United States for 647-T...... 6113.00.0045 6113.00.0044 System Requirements consumption or withdrawn from 6210.40.1030 6210.40.1035 The following minimum configuration warehouse for consumption on and after 648-T...... 6113.00.0050 6113.00.0052 6210.50.1030 6210.50.1035 is needed to use this CD-ROM disc: July 1,1991, regardless of the date of 659-C...... 6114.30.3040 6114.30.3044 1. An IBM PC/XT/AT or compatible export, certain HTS classification 6114.30.3050 6114.30.3054 with 256KB RAM. numbers for certain part-categories are 845(1) (Hong Kong only)...... 6104.29.2072 6104.29.2079 2. MS-DOS version 3.1 or later. being changed on all visa and 6117.90.0020 6117.90.0021 3. CD-ROM drive with MS-DOS certification arrangements and all 845(2) (Hong extensions capable of reading ISO 9660 import controls for countries with these Kong only)...... 6104.29.2070 6104.29.2077 format. part-categories. The changes contained 846(1) (Hong Kong only)...... 6104.29.2068 6104.29.2075 Benefits of CD-ROM below are being published in the first 846(2) (Hong supplement to the 1991 Harmonized Kong only)....— 6104.29.2064 6104.29.2073 Users of the FIRMR and the FAR will Tariff Schedule. find the CD-ROM issuances easier to use and to maintain in an updated status A description of the textile and The Committee for the Implementation of apparel categories in terms of HTS Textile Agreements has determined that than the traditional paper issuances. numbers is available in the these actions fall within the foreign affairs The CD-ROM contains built-in indexing CORRELATION: Textile and Apparel exception to the rulemaking provisions of 5 and retrieval programs that enable users Categories with the Harmonized Tariff U.S.C. 553(a)(1). to locate information easily and quickly. Schedule of the United States (see Sincerely, If desired, small or large sections of Fédérât Register / Vol* 56, : Nch f\î21 / Monday*, June 24, 1991. jfr Notices m u information can be transferred to a DEPARTMENT OF DEFENSE in the Federal Register to assure that computer disc; however, the indexing travelers are paid per diem at the most and retrieval program cannot be Office of the Secretary current rates. transferred. e f f e c t i v e d a t e : June 1,1991. Each new quarterly disc will Per Diem, Travel and Transportation Allowance Committee SUPPLEMENTARY INFORMATION: This incorporate the latest changes reflected document gives notice of changes in per in the FIRMR Transmittal Circulars and AGENCY: Per Diem, Travel and diem rates prescribed by the Per Diem, FAR Federal Acquisition Circulars. This Transportation Allowance Committee. Travel and Transportation Allowance will eliminate the need to insert page a c t i o n : Publication of changes in per Committee for non-foreign areas outside changes to the basic documents. Also, it diem rates. the continental United States. is likely that additional acquisition and Distribution of Civilian Personnel Per property/management regulations from s u m m a r y : The Per Diem, Travel and Transportation Allowance Committee is Diem Bulletins by mail was GSA and other Federal agencies will be discontinued effective June 1,1979. Per included on future discs. publishing Civilian Personnel Per Diem Bulletin Number 155. This bulletin lists Diem Bulletins published periodically in Albert A. Vicchiolla, change in per diem rates prescribed for the Federal Register constitute the only Director, Office of Federal Acquisition Policy. U.S. Government employees for official notification of change in per diem rates [FR Doc. 91-14872 Filed 8-21-91; 8:45 am] travel in Alaska, Hawaii, Puerto Rico, to agencies and establishments outside the Department of Defense. BILUNG CODE 6820-34-M the Northern Marina Islands and - possessions of the United States. The text of the Bulletin follows: Bulletin Number 155 is being published BILLING CODE 3810-01-M 28748 Federal Register / Vol. 56, No. 121 / Monday, Jarie 24,1991 / Notices

MAXIMUM PER DIEM RATES FOR OFFICIAL TRAVEL IN ALASKA, HAWAII, THE COMMONWEALTHS OF PUERTO RICO AND THE NORTHERN MARIANA ISLANDS AND POSSESSIONS OF THE UNITED STATES BY FEDERAL GOVERNMENT CIVILIAN EMPLOYEES

MAXIMUM MAXIMUM LODGING M6IE PER DIEM EFFECTIVE LOCALITY AMOUNT RATE RATE DATE (A) +

ALASKA: ADAK 5 / $ 40 $ 33 $ 73 0 6 -0 1 -9 1 ANAKTUVUK PASS 83 57 140 1 2 -0 1 -9 0 ANCHORAGE 05-16--09-15 137 59 196 0 6 -0 1 -9 1 09-16--05-15 79 54 133 0 1 -0 1 -9 1 ATQASUK 129 86 215 1 2 -0 1 -9 0 BARROW 86 73 159 0 6 -0 1 -9 1 BETHEL 70 73 143 1 2 ^0 1 -9 0 BETTLES 65 45 110 1 2 -0 1 -9 0 CANTWELL 62 46 108 0 6 -0 1 -9 1 COLD BAY 71 54 125 1 2 -0 1 -9 0 COLDFOOT 75 47 122 1 2 -0 1 -9 0 CORDOVA 74 89 163 0 1 -0 1 -9 1 CRAIG 65 35 100 0 6 -0 1 -9 1 DILLINGHAM 76 38 114 1 2 -0 1 -9 0 DUTCH HARBOR-UNALASKA 91 54 145 1 2 -0 1 -9 0 E l ELSON AFB 05-15--09-15 78 61 139 0 5 -1 5 -9 1 09-16--05-14 60 59 119 0 1 -0 1 -9 1 ELMENDORF AFB 05-16--09-15 137 59 196 0 6 -0 1 -9 1 09-16--05-15 79 54 133 0 1 -0 1 -9 1 EMMONAK 60 40 100 0 6 -0 1 -9 1 FAIRBANKS 05-15--09-15 78 61 139 0 5 -1 5 -9 1 09-16--05-14 60 59 119 0 1 -0 1 -9 1 FALSE PASS 80 57 117 0 6 -0 1 -9 1 FT. RICHARDSON 05-16--09-15 137 59 196 0 6 -0 1 -9 1 09-16--05-15 79 54 133 0 1 -0 1 -9 1 FT. WAINWRIGHT 05-15--09-15 78 61 139 0 5 -1 5 -9 1 09-16--05-14 60 59 119 0 1 -0 1 -9 1 GEORGE 100 39 139 0 6 -0 1 -9 1 HOMER 57 61 118 0 1 -0 1 -9 1 JUNEAU 96 70 166 0 1 -0 1 -9 1 KATMAI NATIONAL PARK 89 59 148 1 2 -0 1 -9 0 KENAI- SOLDOTNA 05-01--09-30 86 70 156 0 5 -0 1 -9 1 10-01--04-30 64 70 134 0 1 -0 1 -9 1

Page 1 Federal Register / Vol. 56, Md. 121r/ Monday, furie 24? 1991ÿ Notices 28747

MAXIMUM PER DIEM RATES FOR OFFICIAL TRAVEL IN ALASKA, HAWAII, THE COMMONWEALTHS OF PUERTO RICO AND THE NORTHERN MARIANA ISLANDS AND POSSESSIONS OF THE UNITED STATES BY FEDERAL GOVERNMENT CIVILIAN EMPLOYEES

MAXIMUM MAXIMUM LODGING M&IE PER DIEM EFFECTIVE LOCALITY AMOUNT RATE RATE DATE (A) + __if t) .... - ( O ALASKA: (CONT'D) KETCHIKAN $ 81 $ 75 $156 0 1 -0 1 -9 1 KING SALMON 3 / 75 59 134 1 2 -0 1 -9 0 KODIAK 68 61 129 0 1 -0 1 -9 1 KOTZEBUE 133 58 191 0 6 -0 1 -9 1 KUPARUK OILFIELD 75 52 127 1 2 -0 1 -9 0 METLAKATLA 72 44 116 0 6 -0 1 -9 1 MURPHY DOME 05-15-“09-15 78 61 139 0 5 -1 5 -9 1 09-16--05-14 60 59 119 0 1 -0 1 -9 1 NELSON LAGOON 102 39 141 0 6 -0 1 -9 1 NOATAK 77 66 143 1 2 -0 1 -9 0 NOME 61 75 136 0 1 -0 1 -9 1 NOORVIK 77 66 143 1 2 -0 1 -9 0 PETERSBURG 61 54 115 0 1 -0 1 -9 1 POINT HOPE 99 61 160 1 2 -0 1 -9 0 POINT LAY 106 73 179 1 2 -0 1 -9 0 PRUDHOE BAY-DEADHORSE 64 57 121 1 2 -0 1 -9 0 SAND POINT 63 40 103 1 2 -0 1 -9 0 SELDOVIA 59 35 94 0 6 -0 1 -9 1 SEWARD 52 50 102 1 2 -0 1 -9 0 SHUNGNAK 77 66 143 1 2 -0 1 -9 0 SITKA-MT. EDGECOMBE 65 63 128 0 1 -0 1 -9 1 SKAGWAY 81 75 156 0 1 -0 1 -9 1 SPRUCE CAPE 68 61 129 0 1 -0 1 -9 1 ST. MARY'S 60 40 100 1 2 -0 1 -9 0 ST. PAUL ISLAND 81 34 115 1 2 -0 1 -9 0 TANANA 61 75 136 0 1 -0 1 -9 1 TOK 59 59 118 0 1 -0 1 -9 1 UMIAT 97 63 160 1 2 -0 1 -9 0 UNALAKLEET 58 47 105 1 2 -0 1 -9 0 VALDEZ 05-01--10-31 116 66 182 0 5 -0 1 -9 1 11-01--04-30 85 63 148 0 1 -0 1 -9 1 WAINWRIGHT 90 75 165 1 2 -0 1 -9 0 WALKER LAKE 82 54 136 1 2 -0 1 -9 0 WRANGELL 81 75 156 0 1 -0 1 -9 1 yakutat 70 40 110 1 2 -0 1 -9 0 OTHER 3 , 4 / 42 47 89 0 1 -0 1 -9 1 AMERICAN SAMOA 55 47 102 1 2 -0 1 -9 0 GUAM 99 59 158 1 2 -0 1 -9 0

Page 2 28748 Federal Register / Vol. 56, No. 121 / Monday, June 24,1991 / Notices

MAXIMUM PER DIEM RATES FOR OFFICIAL TRAVEL IN "ALASKA, HAWAII, THE COMMONWEALTHS OF PUERTO RICO AND THE NORTHERN MARIANA ISLANDS AND POSSESSIONS OF THE UNITED STATES BY FEDERAL GOVERNMENT CIVILIAN EMPLOYEES

MAXIMUM MAXIMUM LODGING M&IE PER DIEM EFFECTIVE LOCALITY AMOUNT RATE RATE DATE (A) + (B) - (C)

HAWAII: ISLAND OF HAWAII: HILO $ 60 $ 38 $ 98 0 6 -0 1 -9 1 ISLAND OF HAWAII: OTHER 106 43 149 0 6 -0 1 -9 1 ISLAND OF KAUAI 112 48 160 0 6 -0 1 -9 1 ISLAND OF KURE 1 / 13 13 1 2 -0 1 -9 0 ISLAND OF MAUI: KIHEI 04-01--12-19 85 50 135 1 2 -0 1 -9 0 12-20--03-31 97 50 147 1 2 -2 0 -9 0 ISLAND OF MAUI: OTHER 62 50 112 0 6 -0 1 -9 1 ISLAND OF OAHU 95 42 137 0 6 -0 1 -9 1 OTHER 59 47 106 1 2 -0 1 -9 0 JOHNSTON ATOLL 2 / 18 17 35 1 2 -0 1 -9 0 MIDWAY ISLANDS 1 / 13 13 1 2 -0 1 -9 0 NORTHERN MARIANA ISLANDS: ROTA 45 31 76 1 2 -0 1 -9 0 SAIPAN 68 47 115 1 2 -0 1 -9 0 TINIAN 44 24 68 1 2 -0 1 -9 0 OTHER 20 13 33 1 2 -0 1 -9 0 PUERTO RICO: BAYAMON 04-16--12-14 89 61 150 1 2 -0 1 -9 0 12-15--04-15 110 63 173 1 2 -1 5 -9 0 CAROLINA 04-16--12-14 89 61 150 1 2 -0 1 -9 0 12-15--04-15 110 63 173 1 2 -1 5 -9 0 FAJARDO (INCLUDING LUQUILLO) 04-16--12-14 89 61 150 1 2 -0 1 -9 0 12-15--04-15 110 63 173 1 2 -1 5 -9 0 FT. BUCHANAN (INCL GSA SERV CTR, GUAYNABO) 04-16--12-14 89 61 150 1 2 -0 1 -9 0 12-15--04-15 110 63 173 1 2 -1 5 -9 0 MAYAGUEZ 117 50 167 1 2 -0 1 -9 0 PONCE 117 50 167 1 2 -0 1 -9 0 ROOSEVELT ROADS 04-16--12-14 89 61 150 1 2 -0 1 -9 0 12-15--04-15 110 63 173 1 2 -1 5 -9 0 SABANA SECA 04-16--12-14 89 61 150 1 2 -0 1 -9 0 12-15--04-15 110 63 173 1 2 -1 5 -9 0 SAN JUAN (INCL SAN JUAN COAST GUARD UNITS) 04-16--12-14 89 61 150 1 2 -0 1 -9 0 12-15^-04-15 110 63 173 1 2 -1 5 -9 0

Page 3 Federal Register / Vol. 56, No, 121 / Monday, June 24,1991 / Notices 28749

MAXIMUM PER DIEM RATES FOR OFFICIAL TRAVEL IN ALASKA, HAWAII, THE COMMONWEALTHS OF PUERTO RICO AND THE NORTHERN MARIANA ISLANDS AND POSSESSIONS OF THE UNITED STATES BY FEDERAL GOVERNMENT CIVILIAN EMPLOYEES

MAXIMUM MAXIMUM LODGING M&IE PER DIEM EFFECTIVE LOCALITY AMOUNT RATE RATE DATE ______(A) + _ IBL_ - ( O

PUERTO RICO: (CONT'D) OTHER $ 53 $ 43 $ 96 1 2 -0 1 -9 0 VIRGIN ISLANDS OF THE U .S . 05-01--11-30 95 63 158 0 5 -0 1 -9 1 12-01--04-30 128 66 194 1 2 -0 1 -9 0 WAKE ISLAND 2 / 4 17 21 1 2 -0 1 -9 0 ALL OTHER LOCALITIES 20 13 33 1 2 -0 1 -9 0

FOOTNOTES

1/ Commercial facilities are not available. The per diem rate covers charges for meals in available facilities plus an additional allowance for incidental expenses and w ill be increased by the amount paid for Government quarters by the traveler.

2/ Commercial facilities are not available. Only Government-owned and contractor operated quarters and mess are available at this locality. This per diem rate is the amount necessary to defray the cost of lodging, meals and incidental expenses.

3/ On any day when US Government or contractor quarters are available and US Government or contractor messing facilities are used, a per diem rate of $13 is prescribed to cover meals and incidental expenses at Shemya AFB and the following Air Force Stations: Cape Lisburne, Cape Newenham, Cape Roraanzof, Clear, Fort Yukon, Galena, Indian Mountain, King Salmon, Sparrevohn, Tatalina and Tin City. This rate w ill be increased by the amount paid for US Government or contractor quarters and by $4 for each meal procured at a commercial facility. The rates of per diem prescribed herein apply from 0001 on the day after arrival through 2400 on the day prior to the day of departure.

4 / On any day when US Government or contractor quarters are available and US Government or contractor messing facilities are used, a per diem rate of $34 is prescribed to cover meals and incidental expenses at Amchitka Island, Alaska. This rate w ill be increased by the amount paid for US Government or contractor quarters and by $10 for each meal procured at a commercial facility. The rates of per diem prescribed herein apply from 0001 on the day after arrival through 2400 on the day prior to the day of departure.

5/ On any day when US Government or contractor quarters are available and US Government or contractor messing facilities are used, a per diem rate of $25 is prescribed instead of the rate prescribed in the table.

Page 4

BILUNG CODE 3SI0-01-C 28750 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Notices

Dated: June 14,1991. the Federal Register at least 15 days (10 CFR part 1022), DOE will prepare a L.M. Bynum, before the date of this meeting. floodplain assessment to be Alternate OSD Federal Register Liaison For further information concerning incorporated in the Engineering Officer, Department of Defense. this meeting contact: Commander John Evaluation/Cost Analysis- [FR Doc. 91-14576 Filed 6-21-91; 8:45 am] Hrenko, USN, Office of the Chief of Environmental Assessment and publish a statement of findings in accordance BILUNG CODE 3810-01-M Naval Research, 800 North Quincy Street, Arlington, VA 22217-5000, with these regulations. Further Telephone Number: (703) 696-4870. information is available from DOE at the Department of the Navy Dated: June 14,1991. address shown below. Public comments W.T. Baucino, or suggestions regarding the proposed Naval Research Advisory Committee; activities in this floodplain area are Lieutenant, JAGC, USNR, Alternate Federal Closed Meeting Register Liaison Officer. invited. Pursuant to the provisions of the [FR Doc. 91-15005 Filed 6-21-91; 8:45 am] DATES: Any comments are due on or Federal Advisory Committee Act (5 BILLING CODE 3810-AE-M before July 9,1991. U.S.C. app. 2), notice is hereby given ADDRESSES: Send comments to: Lester that the Naval Research Advisory K. Price, Director, Former Sites Committee Panel on Anti-Tactical DEPARTMENT OF ENERGY Restoration Division, U.S. Department of Ballistic Missile Requirements in the Energy, Oak Ridge Operations Office, 2010 Timeframe will meet on June 25-27, Floodplain Notification for Proposed Post Office Box E, Oak Ridge, 1991. The meeting will be held at the Removal Action at Properties Located Tennessee 37831, (615-576-0948), Fax Applied Physics Laboratory, Johns in Hazelwood and Berkeley, MO comments to: (615J-576-0956. Hopkins University, Johns Hopkins a g e n c y : Department of Energy. Leo P. Duffy, Road, Laurel, Maryland. The meeting a c t i o n : Notice of floodplain Director, Office of Environmental Restoration will commence at 8 a.m. and terminate involvement and opportunity for and Waste Management. at 5 p.m. on June 25, 26, and 27,1991. All comment. [FR Doc. 91-14976 Filed 6-21-91; 8:45 am] sessions of the meeting will be closed to BILLING CODE 6450-01-M the public. s u m m a r y : The Department of Energy The purpose of the meeting is to (DOE) proposes to remove radioactively provide technical briefings for the panel contaminated material from properties Federal Energy Regulatory members pertaining to their assessment in the vicinity of the Hazelwood Interim C o m m issio n of the vulnerability of U.S. naval forces Storage Site (HISS) and to stabilize and to ballistic missile attack employing control these materials at the HISS. The [Docket Nos. CPS1-2243-000, et al.] conventional, chemical, and nuclear HISS is located in northern St. Louis munitions; and identifying the key issues County, approximately 3 km (2 mi) north Distrigas of Massachusetts Corp., et related to the Navy ATBM program and of Lambert-St. Louis International al.; Natural Gas Certificate Filings the corresponding critical technology Airport. June 14,1991. requirements. The agenda will include DOE proposes to conduct this removal Take notice that the following filings briefings and discussions related to action under section 104 of the sensors and processors, surveillance Comprehensive Environmental have been made with the Commission: and tracking, seeker and technology Response, Compensation, and Liability 1. Distrigas of Massachusetts discrimination, guidance and control, Act and pursuant to 40 CFR Corporation 300.415(b)(2). The removal of kill mechanism, boosters and [Docket No. CP91-2243-000] propulsion, high temperature structures; radioactively contaminated material and battle management and command, from residential, commercial and Take notice that on June 10,1991, control and communications options in municipal properties would result in Distrigas of Massachusetts Corporation connection with the tactical ballistic storage of the contaminated material at [DOMAC], a Delaware Corporation with missile threat. These briefings and HISS. The action is necessary to remove its principal place of business at 200 discussions will contain classified contaminated soil that exceeds current State Street, Boston, Massachusetts information that is specifically DOE priteria for residual radioactivity 02109, filed in Docket No. CP91-2243-000 authorized under criteria established by established for the Formerly Utilized an abbreviated application pursuant to Executive Order to be kept secret in the Sites Remedial Action Program. section 7(c) of the Natural Gas Act, for a interest of national defense and are in DOE has determined, on the basis of a certificate of public convenience and fact properly classified pursuant to such review of the National Flood Insurance necessity authorizing DOMAC to install Executive Order. The classified and Program’s (Federal Emergency additional vaporization capacity and non-classified matter to be discussed Management Agency) Flood Insurance install and construct additional facilities are inextricably intertwined as to Rate Maps for the area, that the appurtenant thereto at DOMAC’s preclude opening any portion of the proposed storage action would involve liquified natural gas (LNG) terminal in meeting. Accordingly, the Secretary of activities within the floodplain of Everett, Massachusetts, all as more fully the Navy has determined in writing that Coldwater Creek. The proposed action, set forth in the application which is on the public interest requires that all if implemented, will be carried out with file with the Commission and open to sessions of the meeting be closed to the the concurrence of the U.S. public inspection. public because they will be concerned Environmental Protection Agency, the DOMAC states that the additional with matters, listed in section 552b(c)(l) Army Corps of Engineers, and the LNG vaporization facilities will be built of title 5, United States Code. Missouri Department of Health and wholly within the boundary of its This notice is being published late Environment. existing Everett Marine Terminal. because of administrative delays which In accordance with DOE regulations, DOMAC proposes the installation of a constitute an exceptional circumstance, “Compliance with Floodplain/Wetlands single vaporization train with a nominal not allowing Notice to be published in Environmental Review Requirements” nanaritv nf 75.000 Mnf/d. which is to bf Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 ,/ Notices 28751

delivered through the terminal’s existing $8 million. DOMAC states that the Comment date: July 5,1991, in medium pressure send-out system. project will be financed through cash on accordance with Standard Paragraph F DOMAC indicates that the LNG supply hand. at the end of this notice. line for the expansion project will tie into the existing 12-inch diameter DOMAC submits that the requested 2. Chevron U.S.A. Inc., et al. storage tank manifold. DOMAC facilities will be installed to meet an [Docket No. G-7143-001,1 e t a l ] proposes the installation of a crossover anticipated need for increased Take notice that each of the line with a pressure reduction station vaporization capacity in the fall of 1993. Applicants listed herein has filed an from the new high pressure system to DOMAC states that the proposed application pursuant to section 7 of the the existing medium pressure system project will have no impact on the rates Natural Gas Act for authorization to which will allow the proposed facility to charged for its sales service. DOMAC terminate or amend certificates as serve both as a back-up to the existing will assume 100% of the cost recovery described herein, all as more fully vaporizer facilities and as a source of risk related to the proposed plant described in the respective applications additional gas supply. DOMAC states improvements. DOMAC has requested which are on file with the Commission the metering, odorization and higher waiver of the initial decision and and open to public inspection. heating valve stabilization system of the expedited consideration of its existing medium pressure send-out application in order to permit Comment efafei july 3,1991, in system will be used for the proposed engineering and construction to be accordance with the first subparagraph new facility. completed in time to satisfy the of Standard Paragraph F at the end of DOMAC estimates that the cost of the expected need for greater send-out this notice. proposed project will be approximately capacity in early 1993. • This notice does not provide for consolidation for hearing of the several matters covered herein.

Docket No. and date filed Applicant Purchaser and location Description

G-7143-001, D, 4-29-91..... Chevron U.S.A. Inc., P.O. Box 3725, Houston, Tennessee Gas Pipeline Company, Heyser Assigned 12-1-90 to McGowan TX 75253-3725. Field, Calhoun and Victoria Counties, Texas. Working Partners. G-13299-013, D. 4-8-91..... ARCO Oil and Gas Co., Division of Atalantic ANR Pipeline Company, Laveme Field, Beaver Assigned 1-1-90 to Cabot Pe­ Richfield Company, P.O. Box 2819, Dallas, and Harper Counties, Oklahoma. troleum Corporation. TX 75221. CI64-106-003, D. 5-17-91... Oryx Energy Co., P.O. Box 2880, Houston, TX Northern Natural Gas Company, Division of Assigned 11-1-90 to Enron Oil 75221-2880. Enron Corp. Ozona Field, Crockett County, & Gas Company. Texas. CI65-1264-002, D, 5-10-91. Union Oil Co. of California, P.O. Box 7600, Los Arkla Energy Resources, a division of Arkla, Assigned 10-1-90 to Universal Angeles, CA 90051. Inc. Northeast Ames Field, Major County, Resources Corporation. Oklahoma. CI69-6-001, D. 5-17-91...... Oryx Energy Co...... ,...... Colorado Interstate Gas Company, Mocane-lav Assigned 1-1-91 to OXY USA Gas Area Field, Beaver County, Oklahoma. Inc. CI72-26-000, D, 4-8-91...... ARCO Oil and Gas Co., Division of Atlantic Arkla Energy Resources, a division of Arkla, Assigned 9-1-90 to General Richfield. Inc. North Drummond Field, Garfield County, Holding Corporation. Oklahoma. CI91-68-000, (G-17493), D, 3- Union Oil Go. of California...... Natural gas Pipeline Company of America, Assigned 10-1-90 to Amerda 28-91. West Cement Field, Caddo County, Oklaho* \ Hess Corporation.

CI91-69-000, (062-1412), D, Oryx Energy Co...... Ringwood Gathering Company, Ringwood Assigned 9-1-90 to Cross Tim­ 3-29-91. Field, Major County, Oklahoma bers Oil Company, L.P. 091-72-000, (085-324), D, 4- Sonat Exploration Co., P.O. Box 1513, Hous- Texas Gas Transmission Corporation, 'Bull Assigned 8-1-90 to Hawkins 12-91. ton, TX 77251-1513. Creek and E. Lisbon Fields, Union and Clai­ Oil & Gas, Inc. borne Parishes, Louisiana. 091-82-000, (073-325), D, 5- Union Oil Co. of California...... Florida Gas Transmission Corporation, Bayou Assigned 9-1-89 to John W. 10-91. Mallet Field, Arcadia Parish, Louisiana McGowan. 091-89-000, (G-15434), D, 5 - : Orys Energy Co...... K N Energy, Inc., Hugoton Field, Hamilton Assigned 9-1-90 to Draco Gas 17-91. County, Kansas. ¡Partners, L.P. 091-90-000, (G-14288), D, 5- Oryx Energy Co...... Northern Natural Gas Company, Division of Assigned 9-1-90 to Draco Gas 17-91. Enron Corp., Hugoton Field, Finney County, Partners, LP. Kansas. O91-91-00Q, (G-18173), D, 5- Oryx Energy Co...... Colorado Interstate Gas Company, Hugoton • Assigned 9-1-90 to Plains Pe­ 17-91. Field, Kearny County, Kansas. troleum Operating Company. 091-92-000, (G-4268), D, 5- Oryx Energy Co...... Colorado Interstate Gas Company, Hugoton Assigned 9-1-90 to Draco Gas 20-91. Field, Kerny County, Kansas. Partners, L.P.

Filing Code. A—Initial Service. B—Abandonment C—Amendment to add acreage. D—Assignment of acreage. E—Succession. F—^Partial Succession.

3. Natural Gas Pipeline Company of dockets prior notice requests pursuant are on file with the Commission and America to §§ 157.205 and 284.223 of the open to public inspection.2 Commission’s Regulations under the A summary of each transportation [Docket Nos. CP91-2201-000, CP91-2202-000, Natural Gas Act for authorization to CP91-2203-000, CP91-2204-000, CP91-2205- service which includes the shippers 000] transport natural gas on behalf of identity, the peak day, average day and various shippers under its blanket annual volumes, the receipt point(s), the Take notice that on June 7,1991, certificate issued in Docket No. CP86- delivery point(s), the applicable rate Natural Gas Pipeline Company of 582-000, pursuant to section 7 of the schedule, and the docket number and America, 701 East 22nd Street, Lombard, Natural Gas Act, all as more fully set Illinois 60148, filed in the respective forth in the prior notice requests which 1 These prior notice requests are not consolidated. 28752 Fedèfal Regiéter / Voli 56, No. 121 / Monday, June 24, 1991 / Notices service commencement date of the 120- Regulations is provided in the attached Comment date: July 29,1991, in day automatic authorization under appendix. accordance with Standard Paragraph G § 284.223 of the Commission's at the end of this notice.

Appendix—Page 1 of 2

Peak day,1 Points of Start up date, rate Related 2 dockets Docket No. (date Applicant Shipper name average schedule filed) annual Receipt Delivery

Vesta Energy 100,000 Offshore LA&TX, Offshore LA&TX, 4-1-91, ITS...... CP86-582-000 CP91-2201-000 Natural Gas ST91-8744-000 (6-7-91) Pipeline Company. 40,000 AR, CO, IA, IL, OK, LA, KS, AR, Company of 14,600,000 KS, LA, MO, NE, TX, IL, NM, CO. America. MN, OK. TX. Bishop Pipeline 50,000 Offshore LA&TX, Offshore LA&TX, 4-3-91, ITS...... CP86-582-000 CP91-2202-000 Natural Gas ST91-8564-000 (6-7-91) Pipeline Corporation. 25,000 AR, CO. IA, IL. OK, LA, KS, AR, Company of 9,125,000 KS, LA, MO, NE, TX, IL, NM, CO. America. MN, OK, TX. Corn Products..... 5,000 OK, NE, IA, KS...... IL...... - ...... 1...... 4-1-91, ITS...... CP86-582-000 CP91-2203-000 Natural Gas ST91-8746-000 (6-7-91) Pipeline 5,000 Company of 1,825,000 America. Eastex 50,000 Offshore LA&TX, Offshore LA&TX, 4-4-91, FTS...... CP86-582-000 CP91-2204-000 Natural Gas ST91-8565-000 (6-7-91) Pipeline Hydrocarbons, 25,000 AR, CO. IA, IL, OK, LA, KS, AR, Company of Inc. 9,125,000 KS. LA, MO. NE, TX, IL, NM, CO. America. MN, OK, TX. American 5,000 AR, TX...... IL...... 4-1-91, FTS...... CP86-582-000 CP91-2205-000 Natural Gas ST91-8742-000 (6-7-91) Pipeline Central Gas 5,000 Company of Companies, 1,825,000 America. Inc.

2? ^ rCpe docke1hC O T e^r^sttoUap^cam ^bîanket transportation certificate. If an ST docket is shown, 120-day transportation service was reported in it.

4. Mississippi River Transmission various shippers under its blanket service, the appropriate transportation Corporation certificate issued in Docket No. CP89- rate schedule, the peak day, average day 1121-000, pursuant to section 7 of the and annual volumes, and the initiation [Docket Nos. CP91-2244-000, CP91-2245-0OO] Natural Gas Act, all as more fully set service dates and related ST docket Take notice that Mississippi River forth in the requests that are on file with numbers of the 120-day transactions Transmission Corporation, 9900 Clayton the Commission and open to public under §§ 284.223 of the Commission's Road, St. Louis, Missouri 63124, (MRT) inspection.3 Regulations, has been provided by MRT filed in the above-referenced dockets Information applicable to each and is summarized in the attached prior notice requests pursuant: to transaction, including the identity of the appendix. §§ 157.205 and 284.223 of the shipper, the type of transportation Comment date: July 29,1991, in Commission’s Regulations under the accordance with Standard Paragraph G Natural Gas Act for authorization to 3 These prior notice requests are not at the end of this notice. transport natural gas on behalf of consolidated.

Appendix—Page 1 of 1

Peak day, Contract date rate Related docket, average day, Shipper name (type) Receipt points Delivery points schedule service start up date Docket No. (date filed) annual type MMBtu

50.000 r>K 1 A TX II AR IL, AR, MO, LA...... 3- 22-91, ITS,ST91-8611, CP91-2244-000 Entrade Corp. 4-11-91. (6-10-91). (marketer). 50.000 Interruptible. 18,250,000 ST91-8660, Robert L. Templeton, et 2,000 TX ...... TX...... 4- 10-91, rr3. CP91-2245-000 4-15-91- (6-10-91). at. (producer) >. 2,000 Interruptible. 730,000 1 MRT indicates that the shipper is the estate of W.F. and Della James (deceased), the estate of W.H.J. Sorenson (deceased). W.H.J. Sorenson Trust, and Marchelle Daigle, William H. Johnson, Michelle Johnson and Robert L Templeton, as individuals. Federal Register / Afpl[ 56, Nott ,*121 ,/ Monday,; June ?4, 1991 i f^pjjoes 28753

5. Equitrans, Inc., Columbia Gulf Natural Gas Act for authorization to transaction, including the identity of the Transmission Company transport natural gas on behalf of shipper, the type of transportation [Docket Nos. CP91-2266-000, CP91-2267-000, shippers under the blanket certificates service, the appropriate transportation CP91-2268-000, CP91-2269-000, CP91-2270- issued in Docket No. CP86-553-000 and rate schedule, the peak day, average day 000, CP91-2271-000] Docket No. CP86-239-000, respectfully, and annual volumes, and the initiation Take notice that on June 12,1991, pursuant to section 7 of the Natural Gas service dates and related ST docket Equitrans, Inc., 3500 Park Lane, Act, all as more fully set forth in the numbers of the 120-day transactions Pittsburgh, Pennsylvania 15275, and requests that are on file with the under § 284.223 of the Commission’s Columbia Gulf Transmission Coihpany, Commission and open to public Regulations, has been provided by P.O. Box 683, Houston, Texas 77001, inspection.4 Applicants and is summarized in the (Applicants) filed in the above- Information applicable to each attached appendix. referenced dockets prior notice requests Comment date: July 29,1991, in pursuant to § § 157.205 and 284.223 of the 4 These prior notice requests are not accordance with Standard Paragraph G Commission’s Regulations under the consolidated. at the end of this notice. Appendix—Page 1 of 1

Peak day, average day, Contract date, rate Docket No. (date filed) Shipper name (typ.) Receipt points 1 Delivery points Related docket, annual schedule, service start up date MMBtu type

CP91-2266-000 Philadelphia Gas 9,685 PA, WV...... PA, WV...... 5-31-91, ITS, ST91-8965-000, (6-12-91). Company. 392 Interruptible. 4-1-91. 70,560 CP91-2267-000 Columbia Gas 250,000 OLA, OTX, LA...... OLA, OTX, LA, TX, TN, 1-9-89,* ITS-1&2, ST91-8711-000, (6-12-91). Development Com- 100,000 MS. Interruptible. 4-29-91 (producer). 36,500,000 CP91-2268-000 LaSER Marketing 150,000 LA...... LA...... 4-1 -87,* ITS-2, ST91 -8712-000, (6-12-91). Company (marketer). 60,000 Interruptible. 4-29-91. 21,900,000 CP91-2269-000 Diamond Shamrock 7,000 OLA, LA...... LA...... 4-1-87,* ITS-2, ST91-8710-000, (6-12-91). Offshore Partners 2,000 Interruptible. 4-29-91. Limited Partnership 730,000 (producer). CP91-2270-000 Shell Gas Trading 57,000 OTX...... TX...... 12-1-90.* ITS-2, ST91-8612-000, (6-12-91). Company (producer). 30,000 Interruptible. 4-29-91. 10,950,000 CP91-2271-000 Tejas Power Corporation 150,000 OLA, LA...... OLA, LA...... 12-17-87,* ITS-2, ST91-8709-000, (6-12-91). (marketer). 100,000 Interruptible. 4-29-91. 36,500,000

1 Offshore Louisiana and offshore Texas are shown as OLA and OTX. * As amended. 6. PAR Minerals Corporation, et al. Capitol Street NE., Washington, DC Docket No. Date Applicant (Docket Nos. CS71-603,5 et a l.\ filed 20426, a motion to intervene or a protest in accordance with the requirements of Take notice that each of the CS71-603...... ‘6-3-91 PAR Minerals the Commission’s Rules of Practice and Applicants listed herein has filed an Corporation American Procedure (18 CFR 385.211 and 385.214) application pursuant to section 7(c) of Tower, suite 200, 401 Market Street and the Regulations under the Natural the National Gas Act and § 157.40 of the Shreveport LA Gas Act (18 CFR 157.10). All protests Commission’s regulations thereunder for 71101. filed with the Commission will be a small producer certifícate of public CS91-8-000..... *6-5-91 David G. Di Tirro, e t at. considered by it in determining the San Juan Resources, convenience and necessity authorizing Ine. 1801 Broadway, appropriate action to be taken but will the sale for resale and delivery of suite 400, Denver, not serve to make the protestants natural gas in interestate commerce, all CO 80202. parties to the proceeding. Any person as more fully set forth in the wishing to become a party to a 1 By letter dated May 29, 1991, Applicant requests applications which are on file with the that the small producer certificate issued to PAR Oil proceeding or to participate as a party in Commission and open to public Corporation, in Docket No. CS71-603 be redesignat­ any hearing therein must file a motion to ed under the name PAR Minerals Corporation. Appli­ inspection. cant states the company underwent an organization­ intervene in accordance with the Comment date: July 3,1991, in al change. Commission’s Rules. * The e t at. parties are: James M. Martin and accordance with the first subparagraph George Taoka. Take further notice that, pursuant to of Standard Paragraph F at the end of the authority contained in and subject to this notice. Standard Paragraphs jurisdiction conferred upon the Federal Energy Regulatory Commission by F. Any person desiring to be heard or f * 'P**8 notice does not provide for consolidation sections 7 and 15 of the Natural Gas Act or hearing of the several matters covered herein. make any protest with reference to said and the Commission's Rules of Practice filing should on or before the comment and Procedure, a hearing will be held date file with the Federal Energy without further notice before the Regulatory Commission, 825 North Commission or its designee on this filing 28754 Federal Register / Voi. 56, No. 121 / Monday, June 24, 1991 / Notices if no motion to intervene is tiled within 31,1990 tiling in Docket No. RP91-05- the percentages in its December 31,1990 the time required herein, if the 000, and (2) corrected the gathering only filing in Docket No. RP91-65-000, and (2) Commission on its own review of the commodity rate to include the amount to corrected the gathering only commodity matter finds that a grant of the be collected by AER pursuant to section rate to include the amount to be certifícate is required by the public 19 of AER’s Transportation General collected by AER pursuant to section 19 convenience and necessity. If a motion Terms and Conditions and the of AER’s Transportation General Terms for leave to intervene is timely tiled, or if Commission’s order dated fanuary 10, and Conditions and the Commission’s the Commission on its own motion 1991 in Docket No. RP91-49-000. AER order dated January 10,1991 in Docket believes that a formal hearing is further states that these corrections are No. RP91-49-80G. AER further states required, further notice of such hearing reflected in its corrected filing m Docket that it is correcting its motion rates tiling will be duly given. No. TM91-1-31-000. in Docket N a RP91-65-0O2 accordingly. Under the procedure herein provided AER states that a copy of its filing has AER states that a copy of its tiling has for, unless otherwise advised, it will be been served on all jurisdictional been served on all jurisdictional unnecessary for the applicant to appear customers and interested state customers and interested State or be represented at the hearing. commissions, and on all parties on the commissions, and on all parties on the G. Any person or the Commission's Commission’s official service list in Commission’s official service list in staff may, within 45 days after the Docket No. RP91-65-G00. Docket No.RP91-49-000. issuance of the instant notice by the Any person desiring to protest said Any person desiring to protest said Commission, file pursuant to rule 214 of tiling should file a protest with the filing should file a protest with toe the Commission’s Procedural Rules {18 Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, CFR 385.214) a motion to intervene or 825 North Capitol Street NE., 825 North Capitol Street, NE., notice of intervention and pursuant to Washington, DC 20426, in accordance Washington, DC 20426, in accordance § 157.208 of the Regulations under the with rules 214 and 211 of the with rules 214 and 211 of the Natural Gas Act [18 CFR 157.205} a Commission’s Rules of Practice and Commission’s Rules of Practice and protest to the request. If no protest is Procedure 18 CFR 385.214 and 385.211. Procedure 18 CFR 385.214 and 385.211. filed within the time allowed therefore, All such protests should be filed on or All such protests should be filed on or the proposed activity shall be deemed to before June 25,1991. Protests will be before June 25,1991. Protests will be be authorized effective the day after the considered by the Commission in considered by the Commission in time allowed fen* filing a protest. If a determining the appropriate action to be determining the appropriate action to be protest ia filed and not withdrawn taken, but will not serve to make taken, but will not serve to make within 30 days after the time allowed for protestants parties to the proceeding. protestants parties to the proceeding. filing a protest, the instant request shall Persons that are already parties to this Persons that are already parties to this be treated as an application for proceeding need not tile a motion to proceeding need not file a motion to authorization pursuant to section 7 of intervene in this matter. Copies of this intervene in this matter. Copies of this the Natural Gas A ct tiling are on tile with the Commission tiling are on file with the Commission Lois D. Cashell, and are available for public inspection. and are available for public inspection. Secretary. Lois D. Cashell, Lois D. CasheU, [FR Doc. 91-14895 Filed 8-21-91; 8:45 am) Secretary. Secretary. BILLING CODE 6717-0 [FR Doc. 91-14898 Filed 6-21-91; 8:45 am} [FR Doc. 91-14889 Filed 6-21-81; 8:45 am) BILLING CODE 6717-01-W BILLING CODE 6717-01-M [Docket No. RP»t-68~Q03) [Docket No. TM91-1-31-001) Arkla Energy Resources» a Divisioni of [Docket NO.TM91-4-51-000I Arkla» Inc.; Corrections to Tariff Filing Arkla Energy Resources, a division of Great Lakes Gas Transmission Limited Ark Fa, Inc.; Corrections to Tariff Filing June 18,1991. P artn ersh ip ; P ro p o se d C h an ges In Take notice that on fune 14,1991, June 18,1991. FERC Gas Tariff Arkla Energy Resources ("’AER”), a Take notice that on June 14,1991, June 18,1991. division of Arkla, Inc., tiled Substitute Arkla Energy Resources ("AER”), a Take notice that Great Lakes Gas Second Revised Sheet No. 5 and division of Arkla, Inc., tiled Substitute Transmission Limited Partnership Substitute Alternate Second Revised Third Revised Sheet No. 5 and ("Great Lakes”) on June 13,1981 Sheet No. 5 to First Revised Volume N a Substitute Alternate Third Revised tendered for filing the following tariff 1-A of its FERC Gas Tariff in order to Sheet No. 5 to First Revised Volume No. sheets to its FERC Gas Tariff: correct two clerical errors in AER’s May 1-A of its FERC Gas Tariff in order fo 31,1991 filing in Docket No. RP91-85- correct two clerical errors in AER’s May Original VotemeNa. 2 002. AER requests that the Commission 31,1991 tiling in Docket No. TM9I-1-31— Fourth Revised Sheet No. 3-A accept Substitute Second Revised Sheet 000. AER requests that the Commission Fourth Revised Sheet No. 53~G No. 5 (or alternatively, for the reasons accept Substitute Third Revised Sheet Original Volume No. 3 discussed in the May 81 filing, Substitute No. 5 (or alternatively, for the reasons First Revised Third Revised Sheet No- 2 Alternate Second Revised Sheet No. 5} discussed in the May 31 filing; Substitute First Revised Third Revised Sheet No. 3 for tiling and grant waiver of the thirty- Alternate Third Revised Sheet No. 5) for day notice requirement, pursuant to 18 filing and grant waiver of the thirty-day The tariff sheets were filed to reflect CFR 154.22. so that it may become notice requirement, pursuant to IS CFR the updated Transporter’s Use effective fuly 1,1991. § 154.22, so that if may become effective percentages effective July 1,1991 AER states that it has (1) corrected July 1,1991. pursuant to the provisions of its FERC the compressor fuel percentages AER states that it has (1) corrected Gas Tariff. included on these tariff sheets to reflect the compressor fuel percentages Great Lakes requested waiver of the the lower percentages in its December included on these tariff sheets to reflect notice requirements so as to permit the Federal Register / Vol. 56, No. 121 / Monday, June 28755 tariff sheets to become effective July 1, in rate level, related to rate schedules Any person desiring to protest said 1991, as described, in order to FT and IT for transportation service filing should file a protest with the implement the Transporter’s Use provided under part 284 of the Federal Energy Regulatory Commission, percentages as prescribed by its FERC Commission’s Regulations to implement 825 North Capitol Street NE., Gas Tariff. certain changes required for the efficient Washington, DC 20426, in accordance Any person desiring to protest said administration of Great Lakes’ open with rules 214 and 211 of the filing should file a Motion to Intervene access tariff. The need for these changes Commission’s Rules of Practice and or protest with the Federal Energy has become evident during the first Procedures, 18 CFR 385.214 and 385.211. Regulatory Commission, 825 North seven months of open access operation. All such protests should be filed on or Capitol Street, NE., Washington, DC Any person desiring to be heard or to before June 24,1991. Protests will be 20426, in accordance with rules 211 and protest said filing should file a Motion to considered by the Commission in 214 of the Commission’s Rules of Intervene or protest with the Federal determining the appropriate action to be Practice and Procedure. All such Energy Regulatory Commission, 825 taken, but will not serve to make petitions or protests should be filed on North Capitol Street, NE., Washington, or before June 25,1991. Protests will be protestants parties to the proceeding. DC 20426, in accordance with rules 211 Persons that are already parties to this considered by the Commission in and 214 of the Commission’s Rules of determining the appropriate action to be proceeding need not file a motion to Practice and Procedure. All such intervene in this matter. Copies of this taken, but will not serve to make petitions or protests should be filed on protestants parties to the proceeding. or before June 25,1991. filing are on file with the Commission Copies of this filing are on file with the Protests will be considered by the and are available for public inspection. Commission and are available for public Commission in determining the Lois D. Cashell, inspection in the Public Reference appropriate action to be taken, but will Secretary. Room. not serve to make protestants parties to [FR Doc. 91-14896 Filed 6-21-91; 8:45 am] Lois D. Cashell, the proceeding. Copies of this filing are BILLING CODE 6717-01-M Secretary. on file with the Commission and are [FR Doc. 91-14900 Filed 6-21-91; 8:45 am] available for public inspection in the BILLING CODE 6717-01-M Public Reference Room. [Docket No. RP91-126-000] Lois D. Cashell, [Docket No. RP91-174-000] Secretary. United Gas Pipe Line Co.; Notice [FR Doc. 91-14901 Filed 6-21-91; 8:45 am] Great Lakes Gas Transmission Limited BILLING CODE 6717-01-M June 18,1991. Partnership; Proposed Changes in In accordance with the order of the FERC Gas Tariff Commission issued April 30,1991 in this June 18,1991. [Docket No. TQ91-6-59-001 ] proceeding,1 a technical conference was Take notice that Great Lakes Gas held on June 11 and 12,1991 to discuss Northern Natural Gas Co.; Proposed Transmission Limited Partnership the proposed revisions to United’s tariff. (“Great Lakes”) on June 13,1991, Changes in FERC Gas Tariff At the conclusion of the technical tendered for filing the following tariff June 17,1991. conference, the parties agreed that sheets to its FERC Gas Tariff proposed Take notice that Northern Natural written comments on the matters to be effective August 1,1991: Gas Company, (Northern), on June 12, discussed may be submitted as follows: First Revised Volume No. 1 1991, tendered for filing changes in its July 1,1991—United will submit initial Sixth Revised Sheet No. 3 F.E.R.C. Gas Tariff, Third Revised comments and proposed tariff Volume No, 1 (Volume No. 1 Tariff) and revisions. Original Volume No. 2 Original Volume No. 2 (Volume No. 2 July 12,1991—Parties may submit Tenth Revised Sheet No. 3 Tariff). comments in light of United’s Fifth Revised Sheet No. 3-A Northern is filing the revised tariff Fifth Revised Sheet No. 53-G sheets to correct its tariff sheets to submission. Original Volume No. 3 reflect a new Demand rate component of July 25,1991—All parties may submit Second Revised Sheet No. IB $4.778 per MMBtu. This rate will be reply comments. Second Revised Third Revised Sheet No. 2 effective July 1,1991 through September It was further agreed that the parties Second Revised Third Revised Sheet No. 3 30,1991. Northern also advises that the will deliver their comments, on the dates Second Revised Sheet No. 6 original filing of Docket No. TQ91-6-59- Second Revised Sheet No. 25 listed above, to the representative 000 contained a provision to waive the designated on the service list of each Second Revised Sheet No. 26 PGA surcharge for the period July 1 Second Revised Sheet No. 27 party represented at the technical Second Revised Sheet No. 30 through September 30,1991. The original conference. Other parties on the service Second Revised Sheet No. 31 notice did not address such provision. list in this proceeding will be served by Second Revised Sheet No. 32 Copies of the filing were served upon mail. Second Revised Sheet No. 35 the company’s jurisdictional sales Second Revised Sheet No. 36 customers and interested state Lois D. Cashell, Second Revised Sheet No. 38 commissions. Secretary. Second Revised Sheet No. 46 Northern states that copies of the [FR Doc. 91-14902 Filed 6-21-91; 8:45 am] Second Revised Sheet No. 53 filing are being served on Northern’s BILLING CODE 6717-01-M Great Lakes states that the above jurisdictional sales customers, and tariff sheets reflect changes, other than interested state commissions. 1 55 FERC 61,152 (1991). 28756 Federal Register / Vol. 56, No, 121 / M onday, June 24, 1991 / Notices

Office of Fossil Energy intervene, notices of intervention and NEPA Compliance written comments are invited. [FE Docket No. 91-10-LNG] The National Environmental Policy DATE: Protests, motions to intervene, or Act (NEPA), 42 U.S.C- 4321 et seq.t Phillips 66 Natural Gas Company and notices of intervention, as applicable, requires DOE to give appropriate Marathon Oil Company; Order requests for additional procedures and consideration to the environmental Amending Authorization To Export written comments are to be filed at the effects of its proposed actions. No final Liquefied Natural Gas to Japan address listed below no later than 4:30 decision will be issued in this p.m., eastern time, July 24,1991. proceeding until DOE has met its NEPA AGENCY: Office of Fossil Energy; ADDRESSES: Office of Fuels Programs, responsibilities. Department of Energy. Fossil Energy, U.S. Department of a c t i o n : Notice of an order amending Energy, Room 3F-056, FE-50, Forrestal Public Comment Procedures authorization to export liquefied natural Building, 1000 Independence Avenue, In response to this notice, any person gas to Japan. SW., Washington, DC 20585. may file a protest, motion to intervene SUMMARY: The Office of Fossil Energy of FOR FURTHER INFORMATION CONTACT: the Department of Energy gives notice or notices of intervention, as applicable, and written comments. Any person that it has issued an order to Phillips 66 Larine A. Moore, Office of Fuels Natural Gas Company (Phillips 66) and wishing to become a party to the Programs, Fossil Energy, proceeding and to have the written Marathan Oil Company (Marathan) U.S.Department of Energy, Forrestal amending the pricing provisions of their comments considered as the basis for Building, room 3F-056,1000 any decision on the application must, existing long-term authorization under Independence Avenue, SW., DOE/ERA Opinion and Order No. 261 to however, file a motion to intervene or Washington, DC 20585, (202) 586-9478. notice of intervention, as applicable. export liquefied natural gas to Japan. Diane Stubbs, Office of Assistant A copy of this order is available for General Counsel, for Fossil Energy, The filing of a protest with respect to inspection and copying in the Office of U.S. Department of Energy, Forrestal this application will not serve to make Fuels Programs Docket Room, 3F-056, Building, room 6E-042,1000 the protestant a party to the proceeding, Forrestal Building, U.S. Department of Independence Avenue, SW., although protests and comments Energy, 1000 Independence Avenue, Washington, DC 20585, (202) 586-6667. received from persons who are not parties will be considered in SW., Washington, DC 20585, (20Z) 586- SUPPLEMENTARY INFORMATION: UTRADE 9478. The docket room is open between is a Delaware corporation with its determining the appropriate action to be the horns of 8 a.m. and 4:30 p.m., principal place of business in Houston, taken on the application. AH protests, Monday through Friday, except Federal Texas. According to UTRADE, the gas motions to intervene, notices of holidays. to be exported would be purchased from intervention, and written comments must meet the requirements that are Issued in Washington, DC, June 18,1991. U.S. producers on the spot market and would be surplus to domestic need. The specified by the regulations in 10 CFR Clifford P. Tomaszewski, part 590. Protests, motions to intervene, Acting Deputy Assistant Secretary for Fuels requested authority would be used primarily for sales to Petroleos notices of intervention, requests for Programs, Office of Fossil Energy. additional procedures, and written [FR Doc. 91-14977 Filed 6-21-91; &45 am] Mexicanos (Pernex), Mexico's national oil company, for local distribution to comments should be filed with the BILLING CODE M M -O t-M industrial, commercial and residential Office of Fuels Programs at the address users. All sales would result from arms- listed above. [FE Docket No. 91-31-NG] length negotiations and prices would be It is intended that decisional record determined by market conditions, on the application will be developed Utrade Gas Co. Application to Export UTRADE intends to use existing through responses to this notice by Natural Gas to Mexico pipelines facilities to export this gas. parties, including the parties' written comments and replies thereto. AGENCY: Office of Fossil Energy, This export application will be Department of Energy. reviewed under section 3 of the Natural Additional procedures will be used as Gas Act and the authority contained in necessary to achieve a complete ACTION: Notice of application for DOE Delegation Order Nos. 0204-111 understanding of the facts and issues. A blanket authorization to export natural party seeking intervention may request gas to Mexico. and 0204-127. In deciding whether the proposed export of natural gas is in the that additional procedures by provided, s u m m a r y : The Office of Fossil Energy public interest, domestic need for the such as additional written comments, an (FE) of die Department of Energy (DOE) gas will be considered, and any other oral presentation, a conference, or trial- gives notice of receipt cm May 6,1991, of issue determined to be appropriate, type hearing. Any request to file an application filed by Utrade Gas including whether the arrangement is additional written comments should Company (UTRADE) requesting blanket consistent with the DOE policy of explain why they are necessary. Any authorization to export from the United promoting competition in the natural gas request for an oral presentation should States to Mexico up to 146 Bcf of natural marketplace by allowing commercial identify the substantial question of fact, gas on a short-term or spot market basis parties to freely negotiate their own law, or policy at issue, show that it is over a two-year period beginning with trade arrangements. Parties, especially material and relevant to a decision in the date of first delivery. UTRADE those that may oppose this application, the proceeding, and demonstrate why an states that it will advise the DOE of the should comment on these matters as oral presentation is needed. Any request date of first delivery and submit they relate to the requested export for a conference should demonstrate quarterly reports detailing each authority. The applicant asserts that why the conference would materially transaction. there is no current need for the domestic advance the proceeding. Any request for The application was filed under gas that would be exported under the a trial-type hearing must show that there section 3 of the Natural Gas Act and proposed arrangements. Parties are factual issues genuinely in dispute DOE Delegation Order Nos. 0204-111 opposing this arrangement bear the that are relevant and material to a and 0204-127. Protests, motions to burden of overcoming this assertion. decision and that a trial-type hearing is Federal Register / Voi. 56, No. 121 / Monday, June 24» 1991/ Notices 28757 necessary for a full and true disclosure Parties: section before communicating with the of the facts. Manchester Terminal Corporation Commission regarding a pending If an additional procedure is (MTC) agreement. scheduled, notice will be provided to all Gulf Stream Marine, Inc. {GSM). Any person fifing a comment or parties. If no party requests additional Synopsis: The Agreement filed June protest with the Commission shall, at procedures, a final opinion and order 14,1931» allows GSM to provide cargo the same time, deliver a copy of that may be issued based on the official and container loading/unloading and document to the person filing the record, including die application and handling at MTCa facilities. The initial agreement at the address shown below. response filed by parties pursuant to term of the Agreement is for one year Agreement No.: 224-200531. this notice, in accordance with 10 CFR with a year to year renewal option. 590.316. Title: Port of Seattle/ Samson Tug and Agreement No.: 224-200520-001. Barge Company, Inc. Terminal A copy of UTRADE’s application is Title: Georgia Ports Authority/Pan Agreement. available for inspection and copying in American Independent Line Terminal the Office of Fuels Programs Docket Agreement Parties: Room, room 3F-056 at the above Parties: Port of Seattle address. The docket room is open Georgia Ports Authority Samson Tug and Barge Company, Inc. between the hours of 8 a.m. and 4:30 Pan American Independent Line Filing Party: Mr. Michael LaTorre, p.m» Monday through Friday, except (PAIL). Director, Marine Services, Port of Federal holidays. Synopsis: The Agreement, filed June Seattle, P.Q. Box 1209, Seattle, WA Issued in Washington, DC. on June 7,1991. 14,1931 amends page 2, Article % Item 3 9811L Clifford P. Tomaszewski, of the parties’ basic agreement to read Synopsis: The Agreement, filed June Acting Deputy Assistant Secretary for Fuels “Moving and Grounding” rather than 14,1991» provides a month to month Programs, Office ofFbssil Energy. “Mounting and Grounding”. agreement for the use of approximately [FR Doc. 91-14978 Filed 6-21-91; 8:45 am] Agreem ent N oj 224-200482-001. 43,560 square feet of open storage yard Title: Georgia Ports Authority/ BILLING CODE 6450-01-M area at the southwest comer of Terminal Companhia Maritima Nacional Terminal 115. Agreement. Dated: June 18,1991. FEDERAL MARITIME COMMISSION Parties: By Order of the Federal Maritime Georgia Ports Authority Commission. LA. Cruise Ship Terminals, Inc./ Companhia Maritima Nacional. Joseph C. Polking, Metropolitan Stevedore C o . et af.; Synopsis: The Agreement filed June Secretary. Agreements) Filed 14,1991, amends page 2, Article 1» Item 3 of the parties’ basic agreement to read [FR Doc. 91-14806 Filed 6-21-91; 8545 amj The Federal Maritime Commission ’’Moving and Grounding” rather than BILLING CODE 6730-01-M hereby gives notice of the filing of die “Mounting and Grounding”. following agreements) pursuant to section 5 of the Shipping Act of 1984. Dated: June 18,1991. [Petition No. P3-91] Interested parties may inspect and By Order of the Federal Maritime obtain a copy of each agreement at the Commission. T raifer Marin« Transport Corp. Washington, D C Office of the Federal Joseph C. Polking, Application for Section 35 Exemption Maritime Commission, 1100 L Street, Secretary. Puerto Rico and Virgin Island Trades NW., room 10220. Interested parties may [FR Doc. 91-14864 Filed 6-21-91: «545 am) Notice is hereby given that Trailer submit comments on each agreement to BILLING CODE 6730-01-M Marine Transport Corporation (“TMT”) the Secretary, Federal Maritime has applied for an exemption pursuant Commission, Washington, D C 20573, to section 35 of the Shipping Act, 1916, Port o f Seattle/Sam son Tug and Barge within 10 days after the date of the 46 U.S.CL app. 833a. Specifically, TMT Federal Register in which this notice Co., Inc; Notice of Agreement(s) Filed seeks an order from the Federal appears. The requirements for The Federal Maritime Commission Maritime Commission to enlarge comments are found in § 572.603 of title hereby gives notice that the following existing rate reduction exemptions from 46 of the Code of Federal Regulations. agreement!s) has been filed with the section 2 of the Intercoastal Shipping Interested persona should consult this Commission pursuant to section 15 of Act, 1933,46 U.S.C. app. 844» in the section before communicating with the the Shipping Act, 1916» and section 5 of Puerto Rico and Virgin Islands trade, to Commission regarding a pending the Shipping Act of 1984. allow publication on one day’s notice of agreement. Interested parties may inspect and all individual carrier actions resulting in Agreement No~ 224-200123-002. obtain a copy of each agreement at the cost reductions to shippers. Title: LA. Cruise Ship Terminals, Washington, DC Office of die Federal In order for the Commission to make a Inc./Metropolitan Stevedore Company Maritime Commission^ 1100 L Street, thorough evaluation of the application Terminal Agreement NW., room 10220. Interested parties may for exemption, interested persons are Parties: submit protests or comments on each requested to submit views or arguments LA. Cruise Ship Terminals, Inc, agreement to the Secretary, Federal on the application no later than July 22, Metropolitan Stevedore Company. Maritime Commission, Washington, DC 1991. Responses shall be directed to the Synopsis: The Agreement extends the 20573, within 10 days after the date of Secretary, Federal Maritime term of the basic agreement to April 30» the Federal Register m which this notice Commission, Washington, DC 20573- 1992« appears. The requirements for 0001 in an original and 15 copies. Agreement Nou 224-200532. comments and protests are found in Responses shall also be served on Title: Manchester Terminal § § 560.602 and/or 572.603 of Title 46 of William H. Fort, Esq., Fort & Schlefer, Corporation/Gulf Stream Marine, Inc. the Code of Federal Regulations. 1401 New York Avenue, NW., Suite Marine Terminal Agreement. - Interested persons should consult this 1200» Washington, DC 20005. 28758 Federal Register / Vol. 56, No. 121 / Monday, Juné 24^1991! / Notices

Copies of the application are 925 Grand Avenue, Kansas City, United Security Bancorporation; available for examination at the Missouri 64198: Acquisition of Company Engaged in Washington, DC office of the 1. Lawrence Financial Corporation, Permissible Nonbanking Activities Commission, 1100 L Street, NW., room Lawrence, Kansas; to become a bank The organization listed in this notice 11101. holding company by acquiring has applied under § 225.23(a)(2) or (f) of Joseph C. Polking, University National Bank, Lawrence, the Board’s Regulation Y (12 CFR Secretary. Kansas, successor to The Savings Bank 225.23(a)(2) or (f)) for the Board’s [FR Doc. 91-14865 Filed 6-2-91; 8:45 am] of Lawrence F.S.B., Lawrence, Kansas. approval under section 4(c)(8) of the BILLING CODE 6730-01-M Board of Governors of the Federal Reserve Bank Holding Company Act (12 U.S.C. System, June 18,1991. 1843(c)(8)) and § 225.21(a) of Regulation Jennifer J. Johnson, Y (12 CFR 225.21(a)) to acquire or FEDERAL RESERVE SYSTEM Associate Secretary of the Board. control voting securities or assets of a company engaged in a nonbanking Alpha Financial Group, Inc., et al.; [FR Doc. 91-14915 Filed 6-21-91; 8:45 am] activity that is listed in § 225.25 of Formations of; Acquisitions by; and BILLING CODE 6210-01-F Mergers of Bank Holding Companies Regulation Y as closely related to banking and permissible for bank The companies listed in this notice holding companies. Unless otherwise have applied for the Board’s approval Jan Schultz, et al.; Change in Bank noted, such activities will be conducted under section 3 of the Bank Holding Control Notices; Acquisitions of throughout the United States. Company Act (12 U.S.C. 1842) and § Shares of Banks or Bank Holding The application is available for 225.14 of the Board’s Regulation Y (12 Com panies immediate inspection at the Federal CFR 225.14) to become a bank holding The notificants listed below have Reserve Bank indicated. Once the company or to acquire a bank or bank application has been accepted for holding company. The factors that are applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § processing, it will also be available for considered in acting on the applications inspection at the offices of the Board of are set forth in section 3(c) of the Act (12 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank Governors. Interested persons may U.S.C. 1842(c)). express their views in writing on the Each application is available for holding company. The factors that are question whether consummation of the immediate inspection at the Federal considered in acting on the notices are proposal can “reasonably be expected Reserve Bank indicated. Once the set forth in paragraph 7 of the Act (12 to produce benefits to the public, such application has been accepted for U.S.C. 1817(j)(7)). as greater convenience, increased processing, it will also be available for The notices are available for competition, or gains in efficiency, that inspection at the offices of the Board of immediate inspection at the Federal outweigh possible adverse effects, such Governors. Interested persons may Reserve Bank indicated. Once the as undue concentration of resources, express their views in writing to the notices have been accepted for decreased or unfair competition, Reserve Bank or to the offices of the processing, they will also be available conflicts of interests, or unsound Board of Governors. Any comment on for inspection at the offices of the Board banking practices.” Any request for a an application that requests a hearing of Governors. Interested persons may hearing on this question must be must include a statement of why a express their views in writing to the accompanied by a statement of the written presentation would not suffice in Reserve Bank indicated for that notice reasons a written presentation would lieu of a hearing, identifying specifically or to the offices of the Board of not suffice in lieu of a hearing, any questions of fact that are in dispute Governors. Comments must be received identifying specifically any questions of and summarizing the evidence that not later than July 15,1991. fact that are in dispute, summarizing the would be presented at a hearing. A. Federal Reserve Bank of Chicago evidence that would be presented at a Unless otherwise noted, comments hearing, and indicating how the party regarding each of these applications (David S. Epstein, Vice President) 230 South LaSalle Street, Chicago, Illinois commenting would be aggrieved by must be received not later than July 15, approval of the proposal. 1991. 60690: 1. Jan Schultz, Margaret Schultz and Comments regarding the application A. Federal Reserve Bank of Chicago must be received at the Reserve Bank (David S. Epstein, Vice President) 230 John DiGiovanni of La Grange Park, Illinois; Frederick Brooks of St. Charles, indicated or the offices of the Board of South LaSalle Street, Chicago, Illinois Governors not later than July 15,1991. 60690: Illinois; Michael Colbert of Schaumburg, 1. Alpha Financial Group, Inc., Illinois; Anthony Kesman, Jr. of Lake A. Federal Reserve Bank of San Minonk, Illinois; to acquire 67.9 percent Forest, Illinois; Jeannie Schultz of Francisco (Kenneth R. Binning, Director, of the voting shares of Washburn Olathe, Kansas; and William Handley of Bank Holding Company) 101 Market Bancshares, Inc., Washburn, Illinois, Bradenton, Florida; to acquire at least Street, San Francisco, California 94105: and thereby indirectly acquire The 26.6 percent of the voting shares of 1st 1. United Security Bancorporation, Washburn Bank. Washburn, Illinois. Brookfield, Inc., Brookfield, Illinois, for a Chewelah, Washington; to retain B. Federal Reserve Bank of total of 31.0 percent, and thereby ownership of the assets of JLM Minneapolis (James M. Lyon, Vice indirectly acquire First National Bank of Insurance Agency, Colville, Washington President) 250 Marquette Avenue, Brookfield, Brookfield, Illinois. and Ron Lee Insurance Agency, Chewelah, Washington, and thereby Minneapolis, Minnesota 55480: Board of Governors of the Federal Reserve 1. The M erchants Holding Company, engage in insurance agency activities System, June 18,1991. pursuant to § 225.25(b)(8)(iii) of the Winona, Minnesota; to acquire 28.72 Jennifer J. Johnson, percent of the voting shares of Bank of Board’s Regulation Y. These activities Melrose, Melrose, Wisconsin. Associate Secretary of the Board. will be conducted in Colville, C. Federal Reserve Bank of Kansas [FR Doc. 91-14916 Filed 6-21-91; 8:45 am] Washington, and Chewelah, City (Thomas M. Hoenig, Vice President) BILLING CODE 6210-01-F Washington. Federal Register / Voi. 56, 'No. 121 / MondayJJmìd 2^*Í99Í / Méfiées

Board of Governors of the Federai Reserve Comprehensive Environmental Círcttitron Corporation—Farmingdale System, June 18,1991. Response, Compensation, ami liability (PB91-173112) Jennifer J. Johnson, Act (CERCLA) ¡42 U.S.C. 9604(i>) and Niagara Mohawk Power Corporation Associate Secretary of the Board. appeared in the Federal Register on (Saratoga Springs Plant)—Saratoga [FR Doc. 91-1491? Filed 8-21-Stt; 8:45 amj February 13,1990 (55 FR 5136). Springs (PB91—173096) SILLING C O W 6210-0 VF Availability North Dakota The completed health assessments are Old Minot Landfill—Minot (PB91— DEPARTMENT OF HEALTH AND available for public inspection at the 173120) HUMAN SER VICES Division of Health Assessment and Consultation, Agency for Toxic Pennsylvania Agency tor Toxic Substances and Substances and Disease Registry, AMP, Inc. (Glen Rock Facility)—Glen Disease Registry Building 31, Executive Park Drive, Rock (PB91-173518) Atlanta, Georgia (not a mailing address), [ATSDR-36J East Mount Zion—Springe ttsbury between 6 a.m. and 4:30 pm., Monday Township (PB91-173633) through Friday except legal holidays. Quarterly Health Assessments Vermont Completed and Health Assessments to The completed health assessments are be Conducted in Response to now available by mail through the U.S, Tansitor Electronics, Inc.—Bennington Requests From the Public Department of Commerce, National (PB9Î-173658) Technical Information Service (NTIS), a g e n c y : Agency for Toxic Substances 5285 Port Royal Road, Springfield, Virginia and Disease Registry (ATSDR), Pubic Virginia 22161, or by telephone at (703) Arrowhead Associates, Ine./Scoviile Health Service (PHS), Department of 487-4650. There is a charge determined Corporation—Montras s (PB91-173880) Health and Human Services (DHHS). by NTIS for these health assessments. Suffolk City Landfill—Suffolk (FB91— a c t i o n : Notice. The NTIS order numbers are listed in 173666) parentheses after the site name. SUMMARY: This notice contains the 2. Petitions for Health Assessments following: (1) A list of sites for which 1. Health Assessments or Addenda A ccepted Completed or Issued forNPL Sites ATSDR has completed a health Between January % 1991, and March assessment, or issued an addendum to Between January 1,1991, and March 31.1991, ATSDR determined that there a previously completed health 31,1991, health assessments or addenda was a reasonable basis to conduct a assessment, during the period January- to health assessments were issued for health assessment for the sites or March 1991. This list includes sites that the NPL sites listed below: facilities listed below in response to are on, or proposed for inclusion on, the California requests from the public. As of M arch National Priorities List (NPL}.(2) A Kst 31.1991, ATSDR has initiated a health of sites for which ATSDR, during the CTS frintex, Inc,—Mountain View assessment at these sites. same period, has accepted a request (PB91-173534) Kentucky from the public to conduct a health Connecticut assessment (petitioned health National Coil Electric—Dayhoit assessment). Acceptance of a request Gallup's Quarry Site—Plainfield (PB91- for the conduct of a health assessment is 173492) Mississippi based on a determination by the Agency Idaho Country Club Lakes Estates— that there is a reasonable basis for Hattiesburg conducting a health assessment at the Bunker HiB Mining and Metallurgical site. Complex—Kellogg (PB91-173104) D a ted : June 17, 1991. William L. Roper, FOR FURTHER INFORMATION CONTACT: Iowa Administrator, Agency for Toxic Substances Robert C. Williams, P.EL, Director, Chemplex Company-—Clinton (PB91— and Disease Registry.. Division of Health Assessment and 173153) [FR Doc. 91-14918 Filed 6-21-91; 8¿45 am) Consultation, Agency for Toxic E.I. DuPont (County Road X-23), James Substances and Disease Registry, 1600 Baier Farm Site and McCari Farm BILUNG CODE 4160-70-M Clifton Road, NE., Atlanta, Georgia Site—West Point (PB91-173526) 30333, telephone (404) 639-0610, FTS 236-0610. Kentucky Centers, for Disease Control SUPPLEMENTARY INFORMATION: A list of Green River Disposal, Inc.—Maceo Hanford Thyroid Morbidity Study completed heajth assessments, health (PB91-173146) Advisory Committee: Meeting assessments with addenda, and Massachusetts petitioned health assessments which In accordance with section 16(a)(2) of were accepted by ATSDR during Sullivan's Ledge—New Bedford (PR91— the Federal Advisory Committee Act 173500) October-December 1990 was published (Pub. L. 92.-463), the Centers for Disease in the Federal Register on Friday, March New Hampshire Control (CDC) announces the following committee meeting. 22,1991 (56 FR 12204). The quarterly Kearsarge Metallurgical Corporation— announcement is the responsibility of Conway (PB91-176545) N am et Hanford Thyroid Morbidity Study ATSDR under the regulation. Health Advisory Committee. Assessments and Health Effects Studies New York Time and Date: 8:30 a.m.-5cl5 p.m., July 9v 1991, 7:30 p.m.-9 p.m., July 9,1991, 8:30 aon.-2 of Hazardous Substances Releases ant) Action Anodizing, Plating, and Polishing Facilities (42 CFR part 90). The rule sets p.m., July 10,1991. Corporation—Copiague (FB91-173757) Place: Fred Hutchinson Cancer Research forth ATSDR’s procedures for the C&J Disposal Leasing Company Bump— Center, 9th Floor Conference Room, 1124 conduct of health assessments under the Eaton (PB91-173I38) Columbia Street, Seattle, Washington 98104. 28760 Federal Register ¡/ Voi.; 56,. No., 121 / .Monday, Junp; 24. 19,91 /; Notices

Status: Open to the public, limited only by Administration, 5600 Fishers Lane, FDA has determined that the the space available. Rockville, MD 20857, 301-443-1382. applicable regulatory review period for Purpose: This committee is charged with SUPPLEMENTARY INFORMATION: The Drug Bepadin* is 4,658 days. Of this time, providing advice and guidance to the 2,108 days occurred during the testing Director, CDC, regarding the scientific merit Price Competition and Patent Term and direction of the Hanford Thyroid Restoration Act of 1984 (Pub. L. 98-417) phase of the regulatory review period, Morbidity Study. and the Generic Animal Drug and Patent while 2,550 days occurred during the Matters to be Discussed: This is the second Term Restoration Act (Pub. L. 100-670) approval phase. These periods of time meeting of the Hanford Thyroid Morbidity generally provide that a patent may be were derived from the following dates: Study Advisory Committee and the first to be extended for a period of up to 5 years so 1. The Date an Exemption Under Section held in the northwest. The Committee will long as the patented item (human drug listen to presentations by a number of product, animal drug product, medical 505(i) of the Federal Food, Drug, and interest groups and will comment on the Cosmetic Act Became Effective status of various components of the Hanford device, food additive, or color additive) Thyroid Morbidity Study. Specifically, the was subject to regulatory review by March 30,1978. The applicant claims discussions will focus on scientific rationale, FDA before the item was marketed. March 24,1977, as the date the tribal activities and plans, and clinical Under these acts, a product’s regulatory investigational new drug (IND) detection of thyroid disease. On July 9 at 7:30 review period forms the basis for application for Bepadin* became p.m., the meeting will continue in order to determining the amount of extension an effective. However, FDA records allow more time for public input and applicant may receive. comment not addressed during the morning indicate that IND became effective on A regulatory review period consists of March 30,1978. and afternoon sessions. two periods of time: a testing phase and Agenda items are subject to change as 2. The Date the Application Was priorities dictate. an approval phase. For human drug Contact Person for More Information: Mike products, the testing phase begins when Initially Submitted With Respect to the Sage, Committee Manager, Radiation Studies the exemption to permit the clinical Human Drug Product Under Section Branch, Division of Environmental Hazards investigations of the drug becomes 505(b) of the Federal Food, Drug, and and Health Effects, Center for Environmental effective and runs until the approval Cosmetic Act Health and Injury Control, CDC, 1600 Clifton phase begins. The approval phase starts Road, NE., (F-28), Atlanta, Georgia 30333, with the initial submission of an January 5,1984. The applicant claims telephone 404/488-4613 or FTS 236-4613. application to market the human drug December 28,1983, as the date the new Dated: }une 18,1991. product and continues until FDA grants drug application (NDA) for Bepadin* Robert L. Foster, permission to market the drug product. (NDA19-001) was initially submitted. Assistant Director, Office of Program Support, Although only a portion of a regulatory However, FDA records indicate that the Centers for Disease Control.. review period may count toward the application was received on January 5, [FR Doc. 91-14919 Filed 6-21-91; 8:45 am] actual amount of extension that the 1984. BILLING CODE 4160-18-M Commissioner of Patents and 3. The Date the Application was Trademarks may award (for example, Approved half the testing phase must be Food and Drug Administration subtracted as well as any time that may December 28,1990. FDA has verified have occurred before the patent was the applicant’s claim that NDA 19-001 [Docket No. 91E-0106] issued), FDA’s determination of the was approved on December 28,1990. Determination of Regulatory Review length of a regulatory review period for FDA has determined that the Period for Purposes of Patent a human drug product will include all of applicable regulatory review period for Extension; Bepadin® and Vascor® the testing phase and approval phase as Vascor* is 3,207 days. Of this time, 649 specified in 35 U.S.C. 156(g)(1)(B). days occurred during the testing phase a g e n c y : Food and Drug Administration, FDA recently simultaneously of the regulatory review period, while HHS. approved for marketing the human drug 2,558 days occurred during the approval a c t i o n : Notice. products Bepadin* and Vascor*. Both phase. These periods of time were Bepadin* and Vascor* (bepridil derived from the following dates: s u m m a r y : The Food and Drug hydrochloride) are indicated in chronic Administration (FDA) has determinéd stable angina. Subsequent to this 1. The Date an Exemption Under Section the regulatory review period for approval, the Patent and Trademark 505(i) of the Federal Food, Drug, and Bepadin* and Vascor* and is publishing Office received a patent term restoration Cosmetic Act Became Effective this notice of that determination as application for Bepadin* and Vascor* required by law. FDA has made the (U.S. Patent No. RE. 30,577) from Riom March 20,1982, The applicant claims determination because of the Laboratories C.E.R.M., and requested March 17,1982, as the date the submission of an application to the FDA’s assistance in determining the investigational new drug (IND) Commissioner of Patents and patent’s eligibility for patent term application for Vascor* became Trademarks, Department of Commerce, restoration. FDA, in a letter dated April effective. However, FDA records for the extension of a patent which 12,1991, advised the Patent and indicate that the IND became effective claims these human drug products. Trademark Office that these human drug on March 20,1982. a d d r e s s e s : Written comments and products had undergone a regulatory 2. The Date the Application was Initially petitions should be directed to the review period and that the approval of Submitted With Respect to the Human Dockets Management Branch (HFA- the active ingredient, bepridil Drug Product Under Section 505(b) of 305), Food and Drug Administration, rm. hydrochloride, represented the first the Federal Food, Drug, and Cosmetic 1-23,12420 Parklawn Dr., Rockville, MD permitted commercial marketing or use Act 20857. of the product. Shortly thereafter, the FOR FURTHER INFORMATION CONTACT: Patent and Trademark Office requested FDA has verified the applicant’s claim Richard Klein, Office of Health Affairs that the FDA determine these products’ that NDA 19-002 was received on (HFY-20), Food and Drug regulatory review period. December 28,1983. Federal Register' / Vol. 56, No. 121 / Monday, Jiine 24. 1991 7 Nofites 28*761

3. The Date the Application was editorial changes to the “Municipal for research and evaluation projects that Approved Health Services Program." We invite are determined by HCFA to be December 28,1990. FDA has verified comments on these changes. significant and which do not violate the the applicant’s claim that NDA19-002 EFFECTIVE DATES: The proposed changes agreements under which these data was approved on December 28,1990. shall take effect July 24,1991, unless were voluntarily supplied by individual This determination of the regulatory comments received on or before that States and for which there is reasonable review period establishes the maximum date would warrant modification to the probability that the project will potential length of a patent extension. notice. accomplish its objectives. Strict However, the U.S. Patent and ADDRESSES: The public should address protection of the data by the requestor is Trademark Office applies several comments to: Richard A. DeMeo, HCFA required. statutory limitations in its calculations Privacy Act Officer, Office of Budget This routine use is similar in nature to of the actual period for patent extension. and Administration, Health Care the standard routine use that permits In its application for patent extension, Financing Administration, room 108 disclosure to a contractor for the this applicant seeks 730 days of patent Security Office Park Building, 7008 purpose of collating, analyzing, term extension. Security Boulevard, Baltimore, aggregating or otherwise refining or Anyone with knowledge that any of Maryland 21207. Comments received processing records in a system or for the dates as published is incorrect may, will be available for inspection at this developing, modifying and/or on or before August 23,1991, submit to location. manipulating ADP software. the Dockets Management Branch FOR FURTHER INFORMATION CONTACT: To comply with the requirements of (address above) written comments and Sydney P. Galloway, Office of the Privacy Act, we are proposing to ask for a redetermination. Furthermore, Operations Support, Office of Research establish die routine use below, adding any interested person may petition FDA, and Demonstrations, Health Care to previously published uses. on or before December 23,1991, for a Financing Administration, room 2226 To an individual or organization for determination regarding whether the Oak Meadows Building, 6325 Security research or evaluation, if HCFA: applicant for extension acted with due Boulevard, Baltimore, Maryland 21207, Telephone (301) 966-6645. a. Determines that the proposed use diligence during the regulatory review does not violate the legal limitations period. To meet its burden, the petition SUPPLEMENTARY INFORMATION: The under which the record was provided, must contain sufficient facts to merit an notice for the "Municipal Health collected, or obtained; FDA investigation. (See H. Rept. 857, Services Program,” HHS/HCFA/ORD part 1, 98th Cong., 2d Sess., pp. 41-42, No. 09-70-0022, was most recently b. Determines that the proposed use 1984.) Petitions should be in the format published in the Privacy Act Issuances, does not violate the understandings with specified in 21 CFR 10.30. 1989 Compilation, Volume 1, Page 380. the States that voluntarily supplied the Comments and petitions should be This system consists of bills and records data; submitted to the Dockets Management submitted by clinics in the Municipal c. Determines that the purpose for Branch (address above) in three copies Health Services Program which the proposed use is to be made: (except that individuals may submit demonstrations to claim Federal (i) Cannot be reasonably single copies) and identified with the reimbursement for services provided to accomplished unless the record is docket number found in brackets in the Medicare beneficiaries. provided in an individually identifiable heading of this document. Comments The notice for the “Person-Level form, and and petitions may be seen in the Medicaid Data System,” HHS/HCFA/ (ii) Is of sufficient importance to Dockets Management Branch between 9 ORD No. 09-70-0033, was most recently warrant the effect on and/or risk to the a.m. and 4 p.m., Monday through Friday. published in the Privacy Act Issuances, privacy of the individual that additional Dated: June 17,1991. 1989 Compilation, Volume I, Page 387i exposure of the record might bring, and Stuart L. Nightingale, This system consists of unit record data (iii) There is a reasonable probability files on all Medicaid enrollment, Associate Commissioner for Health Affairs. that die objective of the use would be providers, and claims for hospital, accomplished; [FR Doc. 91-14934 Filed 6-21-91; 8:45 am] physician, nursing home, prescription BILLING CODE 4160-01-M d. Requires the recipient of the drug, and other Medicaid covered information to: services in selected States beginning in 1980. This information contained in the (i) Establish reasonable Health Care Financing Administration records is obtained from existing State administrative! technical, and. physical Medicaid Management Information safeguards to prevent unauthorized use Privacy A ct o f 1974; System s o f or disclosure of the record, and Records Systems. The purpose of this system of records is to study Medicaid use and (ii) Remove or destroy the information a g e n c y ; Department of Health and expenditures for basic research/ that allows die individual to be Human Services (HHS), Health Care information purposes and policy identified at the earliest time at which Financing Administration (HCFA). analysis. removal or destruction can be accomplished consistent with the a c t i o n : Notice of proposed new routine HCFA’s research routine use is use for two existing systems of records. normally included in all of HCFA’s purpose of the project, unless the program system notices. We are recipient presents an adequate Su m m a r y ; HCFA is proposing to add a proposing to add this routine use which justification of a research or health new routine use to two existing systems was inadvertently left out of each of nature for retaining such information, of records: the "Municipal Health these systems of records. This will and receives written authorization from Services Program,” HHS/HCFA/ORD modify the system notice to permit HCFA that it is justified based on No. 09-70-0022, and the "Person-Level HCFA to release data to research research objectives for retaining such Medicaid Data System,” HHS/HCFA/ contractors and awardees and to information, and ORD No. 09-70-0033. In addition, we are contractors and awardees of other (iii) Make no further use of the record taking this opportunity to make minor Federal agencies. These releases will be except: 28762 Federal Register / Vol. 56, No. 121 / Monday,, lune 24, 1991 / Notices

(a) Under emergency circumstances Baltimore, Maryland 21207; and in this system for developing, modifying affecting the health or safety of any Mathematica Policy Research, Inc., PO and/or manipulating ADP software. Data would also be disclosed to individual, Box 2393, Princeton, New Jersey 08543- (b) For use in another research 2393 contractors incidental to consultation, project, following written authorization programming, operation, user CATEGORIES OF INDIVIDUALS COVERED BY THE assistance, or maintenance for an ADP ofHCFA, s y s t e m : (c) For disclosure to an identified or telecommunications systems Medicare beneficiaries who obtain containing or supporting records in the person approved by HCFA for the health care services at any of the clinics purpose of auditing the research project, system. being funded under the Municipal 4. To an individual or organization for if information that would enable Health Services Program (MHSP). research subjects to be identified is a research, demonstration, evaluation, or epidemiologic project related to the removed or destroyed at the earliest CATEGORIES OF RECORDS IN THE SYSTEM: opportunity consistent with the purpose prevention of disease or disability or the Bills and records submitted by MHSP restoration or maintenance of health if of the audit, or clinics to claim Federal reimbursement (d) When required by law; HCFA: for services provided to Medicare a. Determines that the use of e. Secures a written statement by the beneficiaries. recipient of the information attesting to disclosure does not violate legal the recipient’s understanding of, and AUTHORITY FOR MAINTENANCE OF THE limitations under which the record was willingness to abide by, these s y s t e m : provided, collected, or obtained; provisions. Section 402(a) of the Social Security b. Determines that the research This new routine use is compatible Amendments of 1967, as amended by purpose for which the disclosure is to be with the purposes for which the section 222(b)(1) of Public Law 92-603, made: information is collected because each and section 6135 of the Omnibus Budget (1) Cannot be reasonably system was established, in large part, to Reconciliation Act of 1989, Public Law accomplished unless the record is permit research (or evaluation) to be 101-239. provided in individually identifiable conducted. Addition of this new routine form, and use can be accomplished with no PURPOSE(S): (2) Is of sufficient importance to reduction in Medicare beneficiary or To provide billing data necessary to warrant the effect and/or risk on the Medicaid enrollee privacy because permit reimbursement and evaluation of privacy of the individual that additional HCFA will impose requirements on the the clinics participating in the MHSP. exposure of the record might bring, and (3) There is reasonable probability recipient of the data who must agree in ROUTINES USES OF RECORDS MAINTAINED IN writing to protect the data from THE SYSTEM, INCLUDING CATEGORIES OF that the objective for the use would be unauthorized access and from being USERS AND THE PURPOSES OF SUCH USES: accomplished. disclosed in a form that permits Disclosure may be made to: c. Requires the recipient to: identification of individuals. 1. A congressional office from the (1) Establish reasonable We are also taking this opportunity to record of an individual in response to an administrative, technical, and physical make minor changes to the system inquiry from the congressional office safeguards to prevent unauthorized use notice for the "Municipal Health made at the request of the individual. or disclosure of the record, and Services Program," HHS/HCFA/ORD 2. The Department of Justice, to a (2) Remove or destroy the information No. 09-70-0022. These include extending court or other tribunal, or to another that allows the individual to be the expiration date, changing the name party before such tribunal, when identified at the earliest time at which of the evaluator and the location of the a. HHS, or any component thereof, or removal, or destruction can be system, and updating the list of the b. Any HHS employee in his or her accomplished consistent with the clinics. official capacity; or purpose of the researching project, This action does not require a report c. Any HHS employee in his or her unless the recipient presents an of altered system under 5 U.S.C. 552a(o). individual capacity where the adequate justification of a research or For the convenience of the reader, the Department of Justice (or HHS, where it health nature for retaining such complete system notices are reprinted is authorized to do so) has agreed to information, and below. represent the employee; or (3) Makes no further use or disclosure d. The United States or any agency of the record except: Dated: June 18,1991. (a) In emergency circumstances Gail R. Wilensky, thereof (when HHS determines that the litigation is likely to affect HHS or any affecting the health or safety of any Administrator, Health Care Financing individual, or Administration. of its components); is a party to litigation or has an interest (b) For use in another research 09-70-0022 in such litigation, and HHS determines project, under these same conditions, that the use of such records by the and with the written authorization of SYSTEM NAME: Department of Justice, the tribunal, or HCFA, or Municipal Health Services Program. other party is relevant and necessary to (c) For disclosure to a properly the litigation and would help in the identified person for the purpose of an SECURITY CLASSIFICATION: audit related to the research project, if None. effective representation of the governmental party, provided, however, information that would enable research subjects to be identified is removed or S Y S T E M LO CATIO N: that in each case, HHS determines that such disclosure is compatible with the destroyed at the earliest opportunity Health Care Financing Administration consistent with the purpose of the audit, (Primary Location), Office of Operations purpose for which the records were Support, Office of Research and collected. or 3. To contractors for the purpose of (d) When required by law; Demonstrations (ORD), Division of d. Secures a written statement. Research and Demonstrations Systems collating, analyzing, aggregating or Support, 6325 Security Boulevard, otherwise refining or processing records attesting to the recipient’s Fédéral Register / V

SUMMARY: The Health Resources and GMB can also provide assistance on administered directly by a single State Services Administration (HRSA) business management issues. agency; announces that approximately $500,000 FOR FURTHER INFORMATION CONTACT: 3. Agree to make grants to community is available in fiscal year (FY) 1991 for For further program information and organizations located in HPSAs in order demonstration grants to states for technical assistance please contact to assist those community organizations Community Scholarship Programs (CSP), Ms.Cheryl A. LaPointe, M.P.H., National in providing scholarships to individuals as authorized under Section 338L of the Health Service Corps, Bureau of Health enrolled or accepted for enrollment as Public Health Service Act. Care Delivery and Assistance, Health full-time students in health professions Grants will be awarded to States for Resources and Services Administration, schools (see definition of “primary the purpose of increasing the 5600 Fishers Lane, room 7A-29, health care"); availability of primary health care in Rockville, Maryland 29857, (301) 443- 4. Agree that forty percent of the total urban and rural health professional 1470. costs of the scholarship will be paid shortage areas (HPSA) by assisting from the Federal grant made to the SUPPLEMENTARY INFORMATION: Under State; community organizations in rural and this program, States will enter into urban areas to provide scholarships for 5. Agree that sixty percent of the total agreements with public or private costs of the scholarship will be paid the education of individuals to serve as nonprofit community organizations health professionals in these areas. from non-Federal contributions made in located in HPSAs which will recruit cash by both the State and the The Public Health Service (PHS) is qualified residents of their communities committed to achieving the health community organization through which and provide scholarships to them to the scholarship is provided. promotion and disease prevention become physicians, certified nurse objectives of Healthy People 2000, a a. The State must make available practitioners, certified nurse midwives, through these cash contributions not PHS-led national activity for setting or physician assistants based on the priority areas. This grant program is less than 15 percent nor more than 25 needs of the communities. percent of the scholarship costs. related to the following priority area: To This demonstration grant program is increase the availability of primary b. The community organization must intended to be consistent with the make available through these cash health care in urban and rural HPSAs by efforts of the National Health Service assisting community organizations contributions not less than 35 percent Corps (NHSC) Scholarship and Loan nor more than 45 percent of the located in HPSAs in providing Repayment Programs to meet die needs scholarships for the education of scholarship costs. of underserved populations within Non-Federal contributions provided in individuals to serve as primary care HPSAs through the placement of health professionals in these areas. cash by the State and community primary care practitioners. organization (as in a and b above) may Potential applicants may obtain a copy Grants averaging $45,000 will be made of Healthy People 2000 (Full Report; not include any amounts currently to up to 15 States, and only one grant Stock No. 017-001-00474-0) or Healthy provided by the Federal Government to will be made to each State annually. All the State, or community organization People 2000 (Summary Report; Stock No. awards will be for one year with project 017-001-00473-1) through the involved, or to any other entity. periods of up to three years. The number Superintendent of Documents, Non-Federal contributions required Government Printing Office, of grants will depend on the number of may be provided directly by the State scholarships and types of practitioner Washington, DC 20402-9325 (telephone and community organization; involved, number 202-783-3238). training requested by the States. In an and may be provided through donations effort to assist the States and then from public and private entities. DUE d a t e s : To receive consideration, communities in recruiting primary care The Secretary will not award a grant grant applications must be received by practitioners, the Federal portion of the unless the State involved agrees to carry the Grants Management Office grant will provide for 40 percent of the out the purpose of the CSP grant indicated below by July 25,1991. costs of each scholarship. The States program by operating a program through Applications shall be considered as and local communities will be which the State makes grants to meeting the deadline if they are either responsible for the remainder of the community organizations located in (1) received on or before the deadline costs of the CSP. The Secretary is HPSAs in order to assist the date; or (2) postmarked on or before the required by statute (Section 338L(1}(3) of organizations with the costs of entering, deadline date and received in time for the PHS Act) to ensure that to the into contracts under which— submission to the review committee. A extent practicable, not less than 50 1. Each community organization legibly dated receipt from a commercial percent of the amount appropriated will agrees to provide scholarships to carrier or U.S. Postal Service will be be in the aggregate expended for making individuals feu: attendance at health accepted as proof of timely mailing. grants to community organizations that professional schools; Applications received after the are located in rural HPSAs. hr carrying 2. Each individual who is to receive a announced closing date will not be out this requirement however, the scholarship agrees to provide primary considered for funding and will be Secretary may not deny grants to States health care in a HPSA in which a returned to the apphcant. in which no rural HPSAs are located. community organization is located for: a d d r e s s e s : An application kit (Form In order for a State to receive a grant a. A number of years equal to the PHS 5161-1 as approved by the QMB under this program, the State must: number of years for which the under control number 0937-0189) may be 1. Have received funding for at least scholarship is provided, or for a period requested by calling (301) 443-5887 or one grant cooperative agreement or of 2 years, whichever period is greater; writing, to: Mrs. Harriet Green, Grants contract under any provision of the or Management Branch (GMB), Bureau of Public Health Service Act other than b. Such greater period of time as the Health Care Delivery and Assistance, section 338L, for the fiscal year for individual and the community 1210Q Parklawn Drive, Rockville, which the State is applying: organization may agree. Maryland 20857. Completed applications 2. Agree that the grant program For purposes of this program, the term must be mailed to the same address. The carried out by the State will be “primary health care’* means health 28766 Federal R egister7 Vol. 56, No.’ 121 / M onday,‘June 24/1991 ‘/’’Notices* services regarding family medicine, enter into an appropriate agreement is 60 days after the application deadline. internal medicine, pediatrics, or with the State agency that administers The Bureau of Health Care Delivery and obstetrics and gynecology, that are the State plan for medical assistance Assistance does not guarantee that it provided by physicians, certified nurse under title XIX of such Act to provide will accommodate or explain its practitioners, certified nurse midwives, service to individuals entitled to medical response to State process or physician assistants. assistance under the plan. recommendations received after that date. Scholarship Contracts Evaluaton Criteria Grants will be administered in To receive a grant, the State must Applications for grants will be accordance with HHS regulations in 45 agree that it will award a grant to a reviewed and evaluated according to the CFR part 92. community organization for scholarships following criteria The OMB Catalog of Federal Domestic only if: (a) The extent to which the Assistance number for this program is 93. 1. The individual who is to receive the application describes a mechanism to Dated: May 13,1991. determine the appropriateness of a scholarship under a contract is a John H. Kelso, resident of the HPSA in which the community organization’s participation community organization is located. in the CSP; Acting Administrator. 2. The individual is enrolled or (b) The strength of the applicant’s [FR Doc. 91-14938 Filed 6-21-91; 8:45 am] accepted for enrollment as a full-time plan to monitor and evaluate a CSP; BILLING CODE 4160-15-M student in a health professions school (c) The ability of the applicant to that is accredited by a body or bodies administer a CSP, i.e., the administrative recognized for accreditation purposes by and managerial capability and staff DEPARTMENT OF THE INTERIOR the Secretary of Education. experience; 3. The individual agrees to maintain a (d) The extent to which the Bureau of Land Management level of academic standing at the school application justifies and documents the at which a full-time student retains number and type of primary care [NV-010-91-4130-09-25191 eligibility to continue in attendance in providers the State proposes to support through this program relative to the Availability of Final Environmental school under the school’s standards and Impact Statement and Record of practices. needs of the community; 4. The individual and the community (e) The level of community Decision on the Betze Mining Plan-of- organization agree that the scholarship: commitment and involvement with the Development in Northeastern Nevada a. Will be expended only for tuition program including coordination with AGENCY: Bureau of Land Management, expenses, other reasonable educational other Federal, State, and community Interior. programs for meeting health expenses, reasonable living expenses ACTION: Notice of availability of the incurred while in attendance at the professional needs; final environmental impact statement school and for payment to the (f) The extent to which the applicant’s and community’s recruitment plans are and record of decision on the Betze individual of a monthly stipend not more Mining Plan-of-Development in consistent with long-term plans for than the amout authorized for NHSC Northeastern Nevada. _____ scholarship recipients under section meeting the needs of the community’s 338A(g)(l)(B) of the PHS Act; and primary care system; and s u m m a r y : Pursuant to section 102(2)(c) b. Will not, for any year of such (g) The extent to which the of the National Environmental Policy attendance for which the scholarship is application provides estimates of the Act of 1969, notice is hereby given that provided, be in an amount exceeding the amounts of the grant funds that will be the Bureau of Land Management, U.S. total amount required for the year for expended on primary care for rural Department of the Interior has prepared, the purposes indicated in paragraph (a) HPSAs and a similar estimate for urban by a third party contractor, a final above. HPSAs. environmental inpact statement (EIS) on 5. The individual agrees to meet the Other Grant Information the Betze plan-of-development in educational, certification, and licensure Northeastern Nevada, and has made requirements necessary to become a The CSP demonstration grant program copies of the document available for physician, nurse practitioner, midwife, is subject to the provisions of Executive public review. or physician assistant in the State in Order 12372, as implemented by 45 CFR In addition, the BLM has released which the individual is to practice under part 100, which allows States the option simultaneously with the FEIS, the the contract. of setting up a system for reviewing Record of Decision (ROD) for the Betze 6. The individual agrees that, in applications from within their States for Project This project cannot begin until providing primary health care pursuant assistance under certain Federal at least the public has had at least thirty to the scholarship, the individual (a) will programs. The application package for days to review the FEIS. not, in the case of an individual seeking this program will include a list of States The final EIS analyzes the care, discriminate on the basis of the with review systems and the single environmental impacts that would result ability of the individual to pay for such point of contact (SPOC) in each State for from the expansion of an existing open care or on the basis that payment for the review. Applicants (other than pit mining operation and the alternatives such care will be made pursuant to the federally-recognized Indian tribal to that project. program established in title XVIII of the governments) should contact their State SPOCs as early as possible to alert them DATES: Written comments on the final Social Security Act (Medicare) or EIS and ROD will be accepted until July pursuant to the program established in to the prospective applications and title XIX of such Act (Medicaid), and (b) receive any necessary instructions on 22,1991. will accept assignment under section the State process. For proposed projects ADDRESSES: A copy of the final EIS and 1842(b)(3)(B), 1842(b)(3)(B) (ii) of the serving more than one State, the ROD can be obtained from: District Social Security Act for all services for applicant is advised to contact the Manager, Bureau of Land Management, which payment may be made under part SPOC of each affected State. The due ATTN: Betze Coordinator, P.O. Box 831, B of title XVIII of such Act, and will date for State process recommendations Elko, NV 89801. Federai Register / Voî. 56, Na. 121 / Monday, fune 24, 1991 / Notices 28767

The final EIS is available for during a field tour of the Comb Wash LOCATION: BLM Roswell District Office, inspection at the following locations: Coordinated Resource Management 1717 West Second St., Roswell, New BLM State Office (Reno), Carson City, (CRMP) Planning Area west of Blanding, Mexico 88201. Ely, and Elko County Libraries, and the Utah. Participants in the tour will meet FOR FURTHER INFORMATION CONTACT: University of Nevada libraries in Reno at the San Juan Resources Area office, David L Mari, Associate District and Las Vegas. 435 North Main, Monticello, Utah at 19 Manager, Bureau of Land Management. Written responses may be sent to die a.m. on July 23,1991. The public will P.O. Box 1397, Rosewell, NM 88202- above address on or before close of need to provide their own transportation 1397. business on July 22,1991. for the tour, some of the roads which are SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: on the tour route may require four-wheel drive. The tour site is approximately 50 agenda will consist of review and For additional information, write to the discussion of FY 92 Range Improvement above address or call Nick Rieger at miles southwest of Monticeffo, Utah. Agenda items which will be dismissed Projects, and as time permits, updates (702)753-0209. on land exchanges, Resource Dated: June. 11» .1991. during the tour include: 1. Description/briefing on the Comb Management Plans, Archeological Rodney Harris, Studies-land exchanges, quarterly Wash CRMP; District Manager. 2. Update on Range Valley Mountain billings, monitoring studies, and GAO [FR Doc. 91-14876 Filed 8-21-91; 8:45 am) CRMP/Habitat Management Wan; visit to Carslbad Resource Area. The meeting is open to the public. Interested BILLING CODE 4310-HC-M 3. Update on San Rafael and San Juan persons may make oral statements to Final Resource Management Plans; 4. Update on Drought problems and the Board during the public comment JCO-OHW)1-4320-02} period or may file written statements. Concerns; 5. Briefing on Nature Conservancy's Anyone wishing to make art oral Craig Colorado Advisory Council; statement should notify the Associate Meeting Acquisition of the Cunningham Ranch. The meeting and tour is open to the District Manager by July 16,1991. Time and date: July 10,199110 a.m. public. Interested persons may make Summary minutes will be maintained hi Place.: BLM—Craig District Office, 455 the District Office and will be available Emerson Street, Craig, Colorado-81625. oral statements to the Board or fife written statements for the Board’s for public inspection during regular Status: Open to public; interested persons business hours, within 30 days following may make oral statements, at 1&3& a.m. consideration. Anyone wishing to make the meeting. Copies will be available for an oral statement must submit a written Summary minutes of the meeting will be the cost of duplication. maintained in the Craig District Office. summary of their statement to the Dated: June 14,1991. Matters to be Considered District Manager, Bureau of Land Management, P.G. Box 970, Moab, Utah Francis R. Cherry, Jr., 1. Status Report on Resolutions. Dis trict Manager. 2. Status of Occidental C-h 84532 by July 19,1991. Written 3. Colorado Division of Wildlife’s Harvest statements submitted for the Board's [FR Doc. 91-14879 Filed 6-21-91; 8:45 am) Statistics. consideration must be received at the BILLING CODE 4310-FB-M 4. Colorado Division of Wildlife’s Deer, Elk, above address on or before July 19,1991. and Antelope Program Issues. Summary minutes of the Board meeting; 5. Habitat Partnership Program Update. will be maintained m the District office Bureau of Reclamation 6. Recreation TOGO. and will be available within thirty (30) 7. Election of Officers, days following the meeting. Fish and Wildlife Service Contact Person for Mare Information: Mary Gene Nodine, Pressley, Craig District Office, 455 Emerson Truckee River Operating Agreement, District Manager. Street, Craig, Colorado 81625-1129; phone California and Nevada (3031824-8261. [FR Dog 91-14839 Filed 6-21-91; 8:45 am) Dated: June 14,1991. BILLING COOE 4310-00-» AGENCY: Bureau of Reclamation Jerry L. Kidd, (Interior) and US. Fish and Wildlife Associate District Manager. Service (Interior). [FR Doc. 91-14877 Filed 8-21-91; 8:45 am) ACTION: Notice of intent to prepare a BILLING CODE 4310-JB-» [NM-060-4320-10-605) draft environmental impact statement/ draft environmental impact report and notice of public scoping meetings. t UT -060-01-4320-021 Roswell District Grazing Advisory Board; Meeting s u m m a r y : Pursuant to section 102(2)(C) Moab District Grazing Advisory Board AGENCY: Bureau of Land Management, of the National Environmental Policy Meeting Interior. Act of1969, as amended, and section June 14.1991. a c t i o n : Roswell District Grazing 21002 of the California Environmental agency: Bureau of Land Management, Advisory Board, Meeting. Quality Act, the Bureau of Reclamation Moab, Interior. (Reclamation), the US. Fish and s u m m a r y : This notice sets forth foe Wildlife Service, and the California a c t i o n : Moab District Grazing Advisory schedule and agenda of a forthcoming, Board Meeting. Department of Water Resources wifi meeting of the Roswell District Grazing prepare a joint draft environmental s u m m a r y ; Notice is hereby given in Advisory Board. impact statement/draft environmental accordance with Public Law 92-463 that DATES: Tuesday, July 23,1991. beginning impact reprot (DEIS/BEIRJ for an a meeting of the Moab District Grazing at 10 a.m. A public comment period will operating agreement for the Truckee Advisory Board will beheld on July 23, be held follo wing conclusion of the River reservoirs m California and 1991. The meeting wifi be conducted agenda. Nevada. The purpose of this project is to 28768 Federal Register / Voi. 56, No. 121 / Monday, June %4, 1991 / Notices modify the current method of river lakes and reservoirs affected by the Fish and W ildlife Service regulation and coordinate the operation operating agreement include both Availability of a Draft Recovery Plan of the Truckee River reservoirs to Federal (Lake Tahoe and Prosser Creek, for the Speckled Pocketbook improve the management of instream Stampede, and Boca Reservoirs) and (Lampsilis streckeri) for Review and flows in the Truckee River basin, private facilities (Dormer and Com m ent provide a municipal water supply during Independence Lakes). The operating drought periods for the Reno-Sparks agreement does not require constructing a g e n c y : Fish and Wildlife Service, area, and enhance spawning flows for any new water supply facilities. Interior. the endangered cui-ui and threatened However, mitigation measures A C TO N : Notice of document availability. Lahontan cutthroat trout in the lower implemented as part of the agreement Truckee River. could include modifying existing s u m m a r y : The U.S. Fish and Wildlife Service (Service) announces the d a t e s /a d d r e s s e s : Five public meetings facilities, such as installing stream have been scheduled to solicit public gauges. availability for public review of a draft input to determine alternatives to the Alternatives being considered involve recovery plan for the speckled proposed action and the scope of the various changes to the existing pocketbook mussel (Lam psilis DEIS/DEIR and to identify significant streamflow requirements (known as streckeri). This species occurs in the issues related to the proposed action: Floriston rates or reduced Floriston Middle Fork of the Little Red River, • July 22,1991, 7 p.m., Tahoe-Truckee rates, as established by Federal District Arkansas. The Service solicits review Sanitation Agency, Joerger Drive, Court decree) for the Truckee River at and comment from the public on this Truckee, California (Highway 267 to certain times of the year. Other draft plan. Joerger Drive, next to Teichert alternatives may include altering some d a t e s : Comments on the draft recovery Aggregate); current procedures regarding reservoir plan must be received on or before • July 23,1991, 7 p.m., City of South storage and release for the affected August 23,1991, to receive consideration Lake Tahoe Council Chambers, 1990 reservoirs. These changes would be by the Service. Lake Tahoe Boulevard, South Lake accomplished by negotiations among the settlement parties and related water ADDRESSES: Persons wishing to review Tahoe, California; the draft recovery plan may obtain a • July 24,1991,1 p.m., City of Reno rights holders; no third-party water rights would be affected. Other existing copy by contacting the Jackson Field Council Chambers, 490 South Center, Office, U S. Fish and Wildlife Service, Reno, Nevada; requirements, such as flood control • July 24,1991, 7 p.m., Pyramid Lake criteria of the U.S. Army Corps of 6578 Dogwood View Parkway, Jackson, Paiute Indian Tribal Council Chambers, Engineers, would also remain Mississippi 39213. Written comments Nixon, Nevada; and unchanged. A no-action alternative will and materials regarding the plan should • July 25,1991, 7 p.m., Fallon be included in the DEIS/DEIR. be addressed to the Field Supervisor at Community Center, 100 Campus Way, The DEIS/DEIR will be completed and the above address. Comments and Fallon, Nevada. available for review and comment in materials received are available on request for public inspection, by FOR FURTHER INFORMATION CONTACT 1994. Impacts that will be evaluated in the document include the effects of appointment, during normal business Mr. Alan Olson, Bureau of Reclamation, hours at the above address. Lahontan Basin Projects Office, 705 N. changes in reservoir levels and instream Plaza St., P.O. Box 640, Carson City, flows on littoral and riparian plants and FOR FURTHER INFORMATION CONTACT: Nevada 89702, Telephone: (702) 882- fish and wildlife resources, water supply Jim Stewart at the above address (601/ 3436; Mr. Tom Strekal, U.S. Fish and and water quality, recreation, and urban 965-4900). development. Other impacts discussed Wildlife Service, 4600 Kietzke Lane, SUPPLEMENTARY INFORMATION: in the document will include those Building C, Reno, Nevada 89502, Background Telephone: (702) 784-5227; or Ms. identified in the upcoming scoping Sandra Maxwell, California Department process. Restoring endangered or threatened of Water Resources, Central District, Anyone may participate in the scoping animals and plants to the point where 3251 “S” Street, Sacramento, California process by attending any of the they are again secure, self-sustaining 95816, Telephone: (916) 445-2592. scheduled public meetings. Interested members of their ecosystems is a parties may also submit written primary goal of the U.S. Fish and SUPPLEMENTARY INFORMATION: The comments to Reclamation, the Fish and Truckee River Operating Agreement is Wildlife Service’s endangered species Wildlife Service, or the State of program. To help guide the recovery authorized in section 205 of title II California postmarked no later than (known as the “Truckee-Carson- effort, the Service is working to prepare Tuesday, September 3,1991. Anyone recovery plans for most of the listed Pyramid Lake Water Rights Settlement interested in more information Act") of Public Law 101-618 (Pub. L. species native to the United States. concerning the propsoed project or who Recovery plans describe actions 101-618). The major purposes of title II has other significant environmental considered necessary for conservation are to ratify arid implement a settlement issues should contact Messrs. Olson or involving the Pyramid Lake Paiute Tribe, of the species, criteria for recognizing Strekal or Ms. Maxwell at the addresses the recovery levels for downlisting or the Sierra Pacific Power Company, the shown above. delisting them, and initial estimates of States of California and Nevada, the Federal Government and other parties Acting Regional Director, times and costs to implement the regarding apportioning Truckee River, U.S. Fish and Wildlife Service. * recovery measures needed; Carson Ri vèr, and Lake Tahoe waters, Dated: June 13,1991. The Endangered Species Act of 1973 enhancing threatened and endangered Terry P. Lynott, (Act), as amended (16 U.S.C. 1531 et species, and preserving wetlands. Director, Program Services Division, U.S. seq.) requires the development of recovery plans for listed species unless Certain provisions of Pub. L. 101-618 Bureau of Reclamation. June, 11,1991. such a plan would not promote the will not take effect until several conservation of a particular species. agreements, including the Truckee River [FR Doc. 91-14880 Filed 8-21-91; 8:45 am] Section 4(f) of the Act as amended in Operating Agreement, are signed. The BILLING CODE 4 3 1 0 -0 * -* 1988, requires that a public notice and :*> lì > ' \ x m M 30.1 .v1 1 !. I. A \ m .oW , I ; Jo I \ a&taä ’m ::? Federai Register 4 Vel.>56,> No.* 121

an opportunity for public review and FOR FURTHER INFORMATION: This room 2359A, Independence Avenue, comment be provided during recovery meeting is open to the public. Washington, DC. plan development. The Service will Individuals wishing to make oral FOR FURTHER INFORMATION CONTACT: consider all information presented presentations to the committee John Foreman, (202) 955-4194. during a public comment period prior to concerning agenda items should contact Dated: June 18,1991. approval of each new or revised Ann Hanks of the Gulf of Mexico OCS recovery plan. The Service and other Regional Office at (504) 736-2589 by July James Hagerty, Federal agencies will also take these 10,1991. Written statements should be Manager, Market Research, Federal Prison comments into account in the course of submitted by the same date to. the Gulf Industries, Inc. implementing approved recovery plans. of Mexico OCS Region, Minerals [FR Doc. 91-14986 Filed 6-21-91; 8:45 amj The primary species considered in this Management Service, 1201 Elmwood BILLING CODE 4410-05-M draft recovery plan is the speckled Park Boulevard, New Orleans, Louisiana pocketbook mussel, Lampsilis streckeri. 70123. Office of Special Counsel for The area of emphasis for recovery A transcript and complete summary actions is the headwater streams of the Immigration Related Unfair minutes of the meeting will be available Employment Practices Little Red River, Arkansas. The historic for public inspection in the Office of the range within this system has been Regional Director at the above address Immigration Related Employment adversely impacted by impoundment, not later than 60 days after the meeting. Discrimination Public Education water pollution and channel supplementary information : The Gulf G ran ts modification. Habitat restoration and of Mexico RTWG is one of six such protection, reestablishing populations Committees that advises the Director of a g e n c y : Office of Special Counsel for and management are major objectives of the Minerals Management Service on Immigration Related Unfair Employment this recovery plan. technical matters of regional concern Practices, Department of Justice. Public Comments Solicited regarding offshore prelease and a c t i o n : Notice of availability of funds postlease sale activities. The RTWG and solicitation for grant applications. The Service solicits written comments membership consists of representatives on the recovery plan described. All from Federal Agencies, the coastal s u m m a r y : The Office of Special Counsel comments received by the date specified States of Alabama, Florida, Louisiana, for Immigration Related Unfair above will be considered prior to Employment Practices (“OSC”) approval of the plan. Mississippi, and Texas, the petroleum industry, the environmental community, announces the availability of funds for Authority: The authority for this action is and other private interests. grants to conduct public education section 4(f) of the Endangered Species Act, 16 programs about the rights afforded U.S.C. 1533(f). Dated: June 13,1991. potential victims of employment Dated: June 12,1691. J. Rogers Pearcy, discrimination and the responsibilities Robert Bowker, Regional Director, Gulf of Mexico OCS of employers under the Region. Complex Field Supervisor. antidiscrimination provision of the [FR Doc. 91-14897 Filed 6-21-91; 8:45 amj [FR Doc. 91-14874 Filed 6-21-91; 8:45 amj Immigration Reform and Control Act of BILUNG CODE 4310-MR-M 1986, 8 U.S.C. 1324b. BILLING CODE 4310-55-M It is anticipated that a number of grants will be competitively awarded to Minerals Management Service DEPARTMENT OF JUSTICE applicants who can demonstrate a capacity to design and successfully Outer Continental Shelf Advisory Federal Prison Industries, Inc. implement public education campaigns Board Gulf of Mexico Regional to combat immigration-related Technical Working Group; Meeting UNICOR Independent Market Study employment discrimination. Grants will B rie fin g range in size from $40,000 to $150,000. a g e n c y : Minerals Management Service, OSC will accept proposals from Interior. a g e n c y : Federal Prison Industries, Inc., applicants who have access to potential Bureau of Prisons, Justice. a c t i o n : Notice of Gulf of Mexico victims of discrimination or whose Regional Working Group (RTWG) a c t i o n : Notice. experience qualifies them to educate Meeting. employers about the antidiscrimination SUMMARY: Efforts are underway to provision of IRCA. Accordingly, OSC s u m m a r y : Notice of this meeting is complete an independent market study will accept proposals from diverse issued in accordance with the Federal of UNICOR, based on the objectives set sources, such as not-for-profit Advisory Committee Act (Pub. L. No. forth in Public Law 101-515 and the community-based organizations, 92-463). The Gulf of Mexico RTWG statement of work included in the qualified designated entities (QDEs), meeting will be held July 23-24,1991,9 contract awarded to conduct the study and local ethnic and immigrants’ rights a.m. to 4 p.m., at the Holiday Inn (contract # 1PI-C-0009-91). A final advocacy organizations which serve Beachfront, Highway 90, Gulfport, public briefing, conducted by Deloitte & potential victims of discrimination. OSC Mississippi Touche, has been scheduled to highlight also welcomes proposals from trade The RTWG business meeting will be study findings, conclusions and associations, industry groups, held July 24,1991, and tentative agenda recommendations. The final study report professional organizations, and other items are as follows: is due to Congress on August 5,1991. not-for-profit entities providing • Roundtable Discussion... : DATES: The briefing is scheduled for information services to employers. • Update on the MIRG Model Thursday, July 25,1991, from 10 a.m, to application d e a d l i n e d a t e : August • Information Base Review 12 noon. 8,1991. • Coordination of Coastal Natural ADDRESSES: The briefing will be held in FOR FURTHER INFORMATION CONTACT: Resources Information the Rayburn House Office Building, Juan Maldonado, Senior Trial Attorney 28770 federal Register /> iUol 56,, No. 121 Monday, îjpflg 2& -1^; fiP tq tic e s conducted in foe area, or any other or Patita McEvoy, Public Affairs Commission under Title VII of the Civil Specialist, Office of Special Counsel for Rights Act of1964. sources of information of generally Immigration Related Unfair Employment Congress created the OSC to enforce accepted reliability. Practices, 1100 Connecticut Ave., WW* section 102. OSC is responsible for Part II: Campaign Strategy receiving and investigating suite 800, P.O. Box 6549a Washington, We encourage applicants to devise DC 20035-5490. Tels. (202) 653-8121,1- discrimination charges and, when appropriate, filing complaints with a innovative, creative and effective means 800-255-7688 (toll-free), (202) 296-0168 of public education and information (TDD for the hearing impaired), or 1- specially designated administrative tribunal. OSC also initiates independent dissemination that are specifically 800-237-2515 (toll-free TDD for the designed to reach the campaign targets. hearing impaired. investigations of possible section 102 violations. Those applicants proposing educational SUPPLEMENTARY INFORMATION: The While OSC has established a record campaigns addressing potential victims Office of Special Counsel for of vigorous enforcement, studies by the of discrimination should keep in mind Immigration Related Unfair Employment U.S. General Accounting Office and that some of foe traditional methods of Practices of the Department of Justice others have shown that there is an public communication may be less than (“DOJ”) announces the availability of extensive lack of knowledge on the part optimal for disseminating information to funds to conduct public education of protected individuals and employers members of national or linguistic groups programs concerning die about the antidiscrimination provision. that have limited community-based antidiscrimination provision of die Enforcement cannot be effective if support and communication networks. Immigration Reform and Control Act of potential victims of discrimination are Proposals should discuss foe 1986 (“IRCA”), 8 U.S.C. 1324b. Funds not aware of their rights. Moreover, components of the campaign strategy, will be awarded to selected applicants discrimination can never be eradicated detail foe reasons supporting foe choice who propose innovative and effective so long as employers are not aware of of each component, and explain how ways of disseminating information to their responsibilities. each component will effectively employers and members of die protected Purpose contribute to foe overall objective of class or to those who can till a innovative and cost effective particular need not currently being met. OSC seeks to educate both potential dissemination of correct information to Background victims of discrimination about their protected individuals or employers. rights and employers about their Discussions of the campaign strategies On November 6,1986, President responsibilities under the and supporting rationale should be Reagan signed into law die Immigration antidiscrimination provision of IRCA. clear, concise, and based on sound Reform and Control Act of 1966, Public Program Description evidence and reasoning. Law No. 99-003. IRCA makes hiring A key element of the campaign is foe aliens without work authorization The program is designed to develop accuracy of information disseminated unlawful, and it requires that employers and implement innovative and cost about the OSC and its mission. verify the identity and work effective approaches to disseminating Accordingly, any outreach and authorization of all new employees. information regarding IRCA’s educational materials developed by a Employers who violate this law are antidiscrimination provision. The grantee must be reviewed by OSC for subject to sanctions including fines and campaign should focus on educating legal accuracy and proper emphasis criminal prosecution. potential victims of employment prior to production. All information During congressional debate of IRCA, discrimination about their rights and distributed should also include mention Congress foresaw die possibility that educating employers about their of the OSC as a source of assistance, employers, fearful of sanctions, would responsibilities under IRCA. information and action and the correct refuse employment to individuals simply Applications may propose to educate address and telephone numbers of the because they looked or sounded foreign. potential victims only, employers only, OSC (including the toll-free and TDD Consequently, Congress enacted section or both in a single campaign. Proposals toll-free numbers for the hearing 102 of IRCA, an antidiscrimination should outline the following key provision. Section 102 prohibits elements of the program: impaired) employers from discriminating against Part III: Evaluation of the Strategy Part I: Targeted PopuJation citizens and work authorized aliens who One of the central goals of this are protected individuals in hiring, The educational efforts under the grant should be directed to (1) work program is determining what public firing, recruitment or referral for a fee. education strategies are most effective Protected non-oitizens include authorized aliens who are protected individuals, since this group is in dispersing information about the permanent residents, temporary antidiscrimination provision. To be residents under the amnesty, the Special especially vulnerable to employment discrimination, and/or to (2) employers. effective in planning friture public Agricultural Workers (SAWs) or the education efforts, OSC needs to know Replenishment Agricultural Workers The proposals should define the characteristics of the work authorized what works and what does not. (RAWs), refugees and asylees who Measuring the effectiveness of the apply for naturalization within six alien population or the employer groupfs) targeted for the educational campaign, therefore, is crucial, and the months of being eligible to do so. methods of measurement and their National origin discrimination against campaign. any work authorized individual is also The proposals should also detail the results must be detailed. reasons for targeting each group of Full evaluation of a project’s prohibited. This prohibition applies to effectiveness should be performed at the employers with four to fourteen protected individuals or employers by employees. National origin describing particular needs or other midpoint and conclusion of the discrimination complaints against factors to support the selection. In campai^i. The midpoint report, due thirty days after foe end of the s e c o n d employers with fifteen or more defining the campaign targets and supporting foe reasons for foe selection, quarter of implementation, is intended employees remain under the jurisdiction to encourage productive alternations to of the Equal Employment Opportunity applicants may use studies or surveys Federal Register / Vol. 56, No. 12ll/ Monday, June Z4, 1991 / Notices 28771

a campaign, when necessary, based on justification for the choice of strategy. Application Deadline experience and knowledge gained in the (20 points) All applications must be received by first half of the project. Applicants are d. The methods proposed by the encouraged to discuss in their proposal the close of business (5 p.m. e.d.t.) on applicant to measure the effectiveness Thursday, August 8,1991, at the Office the means they will use to devise of the campaign and their precision in alternate campaign strategies, if needed. of Special Counsel for Immigration indicating to what degree the campaign Related Unfair Employment Practices, Selection Criteria succeeds in meeting its goals. (15 points) 1100 Connecticut Ave., NW.—suite 800, The final selection of grantees for 2. A dm inistrative C apability (15points) P.O. Box 65490, Washington, DC 20035- 5490. award will be made by the Special Proposals will be rated in terms of the Counsel for Immigration Related Unfair capability of the applicant to implement Application Requirements Employment Practices after careful the targeting, public education and Applicants should submit an original evaluation of each proposal by a panel evaluation components of the campaign: of specialists within DOJ. The panel’s and two (2) copies of their completed results are advisory in nature and not a. Evidence of proven ability to proposal by the deadline established binding on the Special Counsel. Each provide high quality results. (10 points) above. All submissions must contain the panelist will evaluate the proposals for b. Evidence that the applicant can following items in the order listed effectiveness and efficiency with implement the campaign, and complete below: emphasis on the various factors the evaluation component within the 1. A completed and signed enumerated below. Letters of support, time lines provided. (5 points) Application for Federal Assistance endorsement, or recommendation will 3. Staff Capability (15 points) (Standard Form 424) and Budget not be accepted or considered. Information (Standard Form 424A). OSC anticipates seeking assistance Applications will be evaluated in 2. OJP Form 4061/6 (Certification from sources with specialized terms of the degree to which: Regarding Lobbying; Debarment, knowledge in evaluating proposals, a. The duties outlined for grant-funded Suspension and Other Responsibility including the agencies that are members positions appear appropriate to the Matters; and Drug-Free Workplace of the IRCA Antidiscrimination work that will be conducted under the Requirements). Outreach Task Force: The Department award. (5 joints) 3. An abstract of the full proposal, not of Labor, the Equal Employment b. The qualifications of the grant- to exceed one page. Opportunity Commission, the Small funded positions appear to match the 4. A program narrative of not more Business Administration and the requirements of these positions. (10 than twenty (20) double-spaced typed Immigration and Naturalization Service. points) pages which include the following: Applicants should be aware that some 4. Previous Experience (20 points) a. A clear statement which describes states are currently conducting IRCA the approach and strategy to be utilized antidiscrimination outreach and The applications will be evaluated on to complete the tasks identified in the education programs with funds made the degree to which the applicant program description; available under the Immigrant Nurses demonstrates that it has successfully b. A clear statement of the proposed Relief Act of 1989, Public Law 101-238. carried out programs or work of a goals and objectives, including a listing Unnecessary duplication of specific similar nature in the past. of the major events, activities, products efforts under those programs should be and timetables for completion; avoided. OSC will take steps to Eligible Applicants c. The proposed staffing plan; coordinate these efforts but expects This grant competition is open to not- that, to the extent practicable, grantees d. Description of the proposed for-profit community-based program design; and will do so as well. organizations, qualified designated In determining which applications to e. Description of how the project will entities (QDEs), local ethnic and be evaluated. fund, OSC will consider the following immigrants’ rights advocacy (based on a one-hundred and ten point organizations which serve potential 5. A proposed budget outlining all scale): victims of discrimination, trade direct and indirect costs for personnel, fringe benefits, travel, equipment, 1- Program Design (60 p o in ts ) associations, industry groups,, professional organizations, and other supplies, subcontracts, and a short Sound program design and innovative, entities providing information services narrative justification of each budgeted cost effective strategies for to employers. line item cost. If an indirect cost rate is dissemination of information to the used in the budget, then a copy of a targeted population are imperative. Grant Period and Award Amount current fully executed agreement Consequently, areas that will be closely It is anticipated that several grants between the applicant and the Federal examined include the following: cognizant agency must accompany the will be awarded and will range in size budget. a. Evidence of in-depth knowledge of from $40,000 to $150,000. Publication of the goals and objectives of the project. this announcement does not require the 6. Copies of resumes for the (10 points) Office of Special Counsel to award any professional staff proposed in the b. The applicant’s selection and specific number of grants, to obligate the budget. definition of the target population(s) for entire amount of funds available, or to Note: If the grant project manager is to be the campaign, and the factors, including obligate any part thereof. The period of hired later as part of the grant, hiring is special needs, that support the selection. performance will be twelve months from subject to review and approval by OSC at (15 points) the date of the grant award. Those that time. c. An innovative, cost effective grantees who successfully achieve their 8. Detailed technical materials that campaign strategy for disseminating goals may be considered for support or supplement the description of information to employers and/or supplementary funding for a second the proposed effort should be included members of the protected class, and year based on the availability of funds. in the appendix. 28772 Federal Register / Voi. 56, No. 121 / M onday, June 24, 1991 / Notices

In order to facilitate handling, please general description of the evidence to be and section 4975(c)(2) of die Code and in do not use covers, binders or tabs. presented at the hearing. accordance with the procedures set Application forms may be obtained by ADDRESSES: All written comments and forth in ERISA Procedure 75-1 (40 FR writing or telephoning: Office of Special request for a hearing (at least three 18471, April 28,1975). If the exemption is Counsel for Immigration Related Unfair copies) should be sent to the Pension granted, the restrictions of section 406(a) Employment Practices, 1100 Connecticut and Welfare Benefits Administration, of the Act and the sanctions resulting Ava* NW.—suite 800, P.O. Box 65490, Office of Exemption Determinations, from the application of section 4975 of Washington, DC 20035-5490. Teis. (202) room N-5649, U.S. Department of Labor, the Code, by reason of section 4975(c)(1) 653-8121,1-800-255-7688 (toll-free), 200 Constitution Avenue, NW., (A) through (D) of the Code shall not (202) 296-0168 (TDD for the hearing Washington, DC 28210, Attention: apply to the sale, on December 16,1988, impaired), or 1-800-237-2515 (toll-free Application No. stated in each Notice of of a 40 percent joint venture interest (the TDD for the hearing impaired. Proposed Exemption. The applications Joint Venture Interest) in the D/E Hawaii Joint Venture (the Joint Venture) Dated: June 18,1991. for exemption and the comments received will be available for public by Equitable* 8 General Account (the Approved. inspection in the Public Documents General Account) to Equitable-managed Andrew M. Strojny, Room of Pension and Welfare Benefits Separate Account No. 15-IV (the Acting Special Counsel, Office of Special Administration, U.S. Department of Separate Account) in which two pension Counsel for Immigration Related Unfair Labor, room N-5507, 200 Constitution plans covered by the Act invest Employment Practices. Avenue, NW., Washington, DC 20210. pursuant to the terms of a group annuity [FR Doc. 91-14883 Filed 8-21-01; 8:45 am) contract (die Group Annuity Contract). BILLING CODE 4410-01-M Notice to Interested Persons In addition, the restrictions of section Notice of the proposed exemptions 406(b)(1) and (b)(2) of the Act and the will be provided to all interested sanctions resulting from the application DEPARTMENT OF L A B O R persons in the manner agreed upon by of section 4975 of the Code, by reason of the applicant and the Department within section 4975{c)(l){E} of the Code, shah Pension and Welfare Benefits 15 days of the date of publication in the not apply to the payment of a one-time Administration Federal Register. Such notice shall performance fee (the Performance Fee) {Application No. D-7S70, et al.] include a copy of the notice of proposed and a one-time disposition fee (die exemption as published in the Federal Disposition Fee) to Equitable by the Proposed Exemptions; Equitable Life Register and a shall inform interested Separate Account in connection with Assurance Society of the United persons of their right to comment and to certain investment management services S ta te s request a hearing (where appropriate). rendered by Equitable to the Separate SUPPLEMENTARY INFORMATION: Account if the conditions set forth in AGENCY: Pension and Welfare Benefits The section II are met. Administration. proposed exemption were requested in applications filed pursuant to section ACTION: Notice of proposed exemptions. Section II. General Conditions 408(a) of the Act and/or section (1) The investment of plan assets in s u m m a r y ; This document contains 4975(c)(2) of the Code, and m the Separate Account, including die notices of pendency before the accordance with procedures set forth m Department of Labor (the Department) 29 CFR part 2570, subpart B (55 FR terms of the Performance Fee and the Disposition Fee, was approved by a plan of proposed exemptions from certain of 32836, 32847, August 10,1990). Effective fiduciary independent of Equitable. the prohibited transaction restriction of December 31,1978, section 102 of the Employee Retirement Income Reorganization Plan No. 4 of 1978 (43 FR (2) Each participating plan (the Plan) Security Act of 1974 (the Act) and/or the 47713, October 17,1978) transferred the investing in the Separate Account had Intermal Revenue Code of 1986 (the authority of the Secretary of the total assets that were in excess of $50 million and no such Plan invested more Code). Treasury to issue exemptions of the requested to the Secretary of Labor. than 10 percent of its assets in the Written Comments and Hearing Therefore, these notices of proposed Separate Account. Requests exemption are issued solely by the (3) At the time the transactions were Department. entered into, the terms of the All interested persons are invited to transactions were at least as favorable submit written comments or request for The applications contain representations with regard to the to the Separate Account as those a hearing on the pending exemptions, obtainable in arm’s length transactions unless otherwise stated in the Notice of proposed exemptions which are summarized below. Interested persons between unrelated parties. Proposed Exemption, within 45 days (4) Prior to making an investment in from the date of publication of this are referred to the applications on file with die Department for a complete the Separate Account, each plan Federal Register Notice. Comments and fiduciary received offering materials request for a hearing should state: (1) statement of the facts and representations. which disclosed all material facts The name, address, and telephone concerning the purpose, structure and^ number of the person making the Equitable Life Assurance Society of the operation of the Separate Account and comment or request, and (2) the nature United States (Equitable) Located in the investment m the Joint Venture. of the person’s interest in the exemption New York, NY and the manner in which the person (5) The total fees paid to Equitable would be adversely affected by the [Application No. D-7870] constitute no more than reasonable exemption. A request for a hearing must Proposed Exemption compensation. (6) The Performance Fee shall be also state the issues to be addresed and Section L Covered Transactions include a general description of the payable only after achievement of the evident» to be presented at the hearing. The Department is considering pre-established average annual returns A request for a hearing must also state granting an exemption under the set forth in the Group Annuity Conduct. the issues to be addressed and include a authority of section 408(a) of the Act Two-thirds of the Disposition Fee should Federal Register / VoL 56, No. 121 / Monday, June 24, 1991 / Notices 28773 be payable only after die Plans receive a examination as required by paragraph services to Equitable and other clients 100 percent return of capital plus a (12) below, and property management services with preferred return of 10 percent. (12)(a) Except as provided in section respect to certain properties owned by (7) Back Han shall receive the (b) of this paragraph and Equitable accounts. following from Equitable with respect to notwithstanding any provisions of Equitable has substantial experience its participation in the Separate subsections (a)(2) and (b) of section 504 in managing real estate investments. Of Account: of the Act. the records referred to in the $50,301,568,564 in total assets held (a) Audited financial statements, paragraph (41) of this section shall be by Equitable at year-end 1990, prepared by independent qualified unconditionally available at their Equitable’s General Account held public accountants, of the Separate customary location during normal $10,822,148,590 in real estate mortgage Account and the Joint Venture, on an business hours by: loans and $2,144,225,868 in equity annual basis. (1) i Any duly authorized employee or investments in real property. (b) Quarterly reports relating to the representative of the Department or the Additionally, the total assets that overall financial position and operating Internal Revenue Service, Equitable has allocated to real estate results of the Separate Account, which (2) Any fiduciary of a participating investments in its real estate separate include all fees paid by the Separate Plan or any duly authorized accounts were $4,289,685,660. Account and by the Joint Venture in representative of such fiduciary; 2. In 1962, Equitable and Daiei Hawaii which the Separate Account participates (3) Any contributing employer to any Investments, Inc. (DM), an unrelated as well as dollar-weighled and time- participating Plan or any duly party, formed a real estate joint venture weighted rates of return. authorized employee representative of in Honolulu, Hawaii for the purposes of (c} Property updates and outlook such employer; and acquiring, owning, developing, reports for Separate Account-held (4) ; Any participant or beneficiary of constructing, leasing, operating and properties. any participating Han. or any duly managing certain commercial real (8) Except in the case of an enforced authorized representative of such disposition under the terms of the Joint participant or beneficiary. property referred to herein as “the Ala Venture Agreement (the. Joint Venture (b) None of the persons described Moana Complex” (the Ala Moana Agreement^ Equitable is precluded from above in subparagraphs (2)—(4) of this Complex); The Ala Moana Complex is recommending the disposition of the paragraph (12) shall be authorized to the sole asset of the Joint Venture. At Separate Account during the first eight examine the tirade secrets of Equitable the time of formation, DM, a subsidiary years of the Separate Account's, initial or commercial or financial information of The Daiei, Ine., a Japanese term. which is privileged or confidential. corporation, held (and continues to hold) (9) No disposition of the Separate The availability of this exemption is a 60 percent interest in the Joint Account shalT occur during years eight subject to the express condition that tile Venture. Equitable’s General Account to ten of the Separate Account’s mitral material facts and representations held a 40 percent interest m the Joint term unless Equitable gives advance contained in the application are true and Venture. notice of such disposition to each complete, and that the application 3. Under the provisions of the Joint participating Han and' it receives accurately describes all material fact Venture Agreement, Equitable is the approval from those Hans holding a which are the subject of tins exemption. managing co-venturer responsible for majority of interests in the Separate Effective Date: This proposed conducting the business of the Joint Account. exemption», if granted,, will be effective Venture. Overall control of the Joint (10J Each extension of the Separate December 16, 1988. Venture is, however, shared by the co- Account term shall be approved by ventures through equal representation of those participa ting Plans holding a Stanmary of Facts and Representations both co-venturers on a management majority of interests in the Separate 1. Equitable is a mutual life insurance committee (the Management Committee) Account. In the event of such extension, company organized under the laws of comprised of one representative of the Performance Fee shall be payable the State of New York and subject to the Equitable and one representative of during the tenth year of the Separate supervision and examination by the DM. The Management Committee is Account based upon an independent Superintendent of Insurance of the State authorized to make major decisions on appraisal of the Joint Venture Interest as of New York. The firm is one of the behalf of the Joint Venture as of the date of the vote to extend. largest life insurance companies in the specifically enumerated in the Joint (11) Equitable shall maintain, for a United States. Among: the wide variety Venture Agreement. For example, the period of six years, the records of insurance products and services, it Management Committee must approve necessary to* enable the persons offers, Equitable provides funding, asset the selection of a property manager as described in paragraph (12) of this management and other services for well as any sale involving the Ala section to determine whether the several thousand employee benefit Moana Complex. The decisions of the conditions of this exemption have been plans subject to the provisions of Title I Management Committee must bo met, except that (a) a prohibited of the Act unanimous. transaction will not be considered to Equitable maintains several pooled 4. The Ala Monana Complex consists have occurred if. due to circumstances separate accounts in which pension, of a 1.5 million.square, foot shopping beyond the control of Equitable and/or profit sharing the thrift plans participate. mall, a shopping plaza, two adjacent its affiliates, the records are lost or Equitable also has several single office buildings and three adjoining destroyed prior ta the end of the six year customer accounts and investment parcels of commercially-zoned land, period, and (b) no party in interest other management accounts pursuant to suitable; for future development Located than Equitable shall be subject to the which it manages all or a portion of the in the Kapiolani Business District of civil penalty that may be assess«! under assets of a number of large {dans. Honolulu, Hawaii, the Ala Monana section 502(1) of die Act, or to die taxes Equitable’s real' estate investment Complex is bounded by Ala Monana imposed by seeti'oir 4975 (aj and (bj of management subsidiary, Equitable Real Boulevard. Kapiolani Boulevard, Piikoi the Code, if the records are not Estate Investment Management, Inc. Street and Atkinson Drive. The Joint maintained, or are not available for provides real estate investment advisory Venture acquired the properties 28774 Federal' Register / Vol. 56, No. 121 / Monday, June 1991 / Notices comprising the Ala Moana Complex Separate Account. These Plans and the However, such a disposition can only from unrelated parties between 1982 and amount of their investments are as occur upon notice to the Plans and if 1985 for an aggregate purchase price of follows: The California State Teachers approval of such disposition is received approximately $270 million and it Retirement System ($100 million); the from the holders of a majority of the subsequently expanded and improved Colorado Public Employees Retirement interests in the Separate Account. In the such properties.1 Association ($40 million); the Illionis absence of such approval, Equitable The Ala Moana Complex was Municipal Retirement Fund ($40 million); may not unilaterally dispose of the appraised in April 1988 by John Child the School Employees Retirement Separate Account’s Joint Venture and Company, Inc. and by Hastings, System of Ohio ($20 million); and the Interest. Martin, Conboy, Braig and Associates, Utah State Retirement System ($20 By a similar majority vote, the Plans Ltd. (the Appraisers), independent real million). may decide to continue the Separate estate appraisal firms also located in The two remaining Plans investing in Account beyond its initial term for a Honolulu, Hawaii. The Appraisers the Separate Account are corporate maximum of five, five year extension determined that the aggregate fair pension plans covered by the Act. These periods. At any time during an extension market value of a fee simple interest in Plans are the Ameritech Information period, Equitable can recommend the the Ala Moana Complex would be Technologies Corporation Pension Trust disposition of the Separate Account’s $702,850,000 as of January 1,1989.2 (the Ameritech Trust) sponsored by the assets. However, no disposition can 5. On December 16,1988, Equitable Ameritech Information Technologies occur without a vote of the majority of formed the Separate Account which is Corporation and the Chevron the holders of interests in the Separate also known as the "Hawaii Properties Corporation Master Trust (the Chevron Account. Fund.” The Separate Account is a Trust) which is sponsored by the Even if the holders of a majority of the closed-end, pooled real estate separate Chevron Corporation.3 The Ameritech interests in the Separate Account account maintained by Equitable in Trust and the Chevron Trust have approve liquidation, Equitable is still not accordance with the laws of the State of invested $30 million and $40 million, free to conclude the disposition New York. The Separate Account has respectively, in the Separate Account. unilaterally. Instead, Equitable three investment objectives: (a) To Equitable represents that both of these represents that the Joint Venture provide current income of at least 6.25 Plans are substantial, sophisticated Agreement accords DHI a significant percent for its duration; (b) to increase investors with in-house pension staffs role which will vary depending upon the income through the use of successful that thoroughly assess this type of type of disposition being considered by asset management strategies, including investment opportunity. In addition, Equitable. For example, if Equitable remerchandising (i.e., bringing in more Equitable states that both Plans have were to offer the Separate Account’s successful tenants) and expansion of the engaged their own counsel to represent Joint Venture Interest to a third party Ala Moana Complex; and (c) to increase them in these negotiations and on an who accepted this offer, no disposition the value of the entire Ala Moana ongoing basis with respect to investment could occur without the written consent Complex through expansion and in the Separate Account. As noted of DHI regardless of the fact that the development. These objectives are above, Equitable did not provide holders of a majority of interests in the consistent with those of the Joint investment advice to these Plans in Separate Account had approved Venture. Seven pension plans connection with the decision to invest in liquidation. Or, where Equitable participate in the Separate Account. No the Separate Account. receives a bona fide offer from a third one Plan may hold more than a 40 7. It is anticipated that the Separate party for the Joint Venture Interest and percent interest in the Separate Account Account will have a duration of ten it wishes to accept that offer, the Joint nor may a Plan’s participation in the years from the date of its inception on Venture Agreement provides DHI with a Separate Account represent more than December 16,1988. Prior to the eighth right of first refusal to purchase the Joint anniversary of the closing date, Venture Interest for the amount that the 10 percent of that Plan’s total assets. Equitable is generally precluded from The minimum investment for each Separate Account would have received recommending the liquidation of the had the third party offer been accepted. subscribing Plan was $20 million. The Separate Account’s interests. The one decision by each of the Plans to invest DHI has 45 days from the receipt of the exception is in the case of an enforced third party offer in which to exercise the in the Separate Account was made by a disposition resulting from either the Plan fiduciary who was independent of activation of a buy/sell mechanism of right of first refusal.4 Equitable. the Joint Venture by the co-venturer, 8. Concurrent with the establishment 6. Of the seven Plans participating in DHI, or due to circumstances beyond the of the Separate Account, on December the Separate Account, five Plans are control of Equitable, such as a default 16,1988, Equitable transferred the 40 state governmental plans which have by DHI under the Joint Venture percent Joint Venture Interest held by its invested a total of $220 million in the Agreement. During years eight to ten of General Account to the Separate the Separate Account’s initial term, Account. Equitable also notified DHI of 1 In this regard, the Joint Venture implemented a Equitable can recommend a disposition the contemplated transaction and in the remerchandising strategy shortly after its acquistion of the Separate Account’s assets. absence of receiving any objection, of the shopping mall portion of the Ala Moana Equitable and the Plans consummated Complex. This resulted in a reorganization and the sale. On the date of closing, each consolidation of existing stores in the mall, the 3 The Ameritech Trust holds the assets of the addition of new specialty shops and a food court, Ameritech Pension Plan and the Ameritech participating Plan entered into an and the renovation of the mall's center court. In Management Pension Plan. As of December 31,1990, Investment Allocation Agreement and a addition, the Joint Venture had a convenience the Ameritech Trust had 50,150 participants and center constructed on the site of the shopping plaza total assets of $12 billion of which 10 percent was and an office building on the site of previously allocated to various real estate investments. The 4 In contrast, it should be noted that DHI s vacant land. Chevron Trust holds the commingled assets of approval is not required for each extension of the 8 Equitable attributes the increase in fair market several small pension plans and the Chevron Separate Account beyond its initial term. Equitab e value of the Ala Moana Complex to economic and Retirement Plan. As of December 31,1990, the explains that for insurance purposes, it is treated as market forces existing in Hawaii in the mid-1980's Chevron Trust had 78,000 participants and total the legal owner of the Joint Venture regardless o as well as to the successful management of the Joint assets of $3.7 billion of which 11.5 percent was the fact that the Joint Venture Interest has been Ventiire. allocated to real estate investments. allocated to the Separate Account. Federal Register / VoL 56, No. 121 / Monday, June 24, 1961: / Notices 28775

Group Annuity Contract with Equitable. Equitable-, the Ameritech Trust and the appraisal- panel (comprised of The Group Annuity Contract provided Chevron Trust have assured Equitable independent appraisers selected by that of the $290 million invested, $261.2 that their investment managers were Equitable, the Plans fas a group) and, million would serve as the consideration unaware of the sale transaction jointly by the two Equitable/Plans’ for the sale of the Join! Venture Interest discussed herein. designees) will value file Joint Venture (the exact value of such Interest having 10. After the sale of the Joint Venture Interest as of the date of file vote to been based upon the third party Interest, Equitable began serving as the extend and the Performance Fee will be appraisals}: and $5.86 million would investment manager for fire Separate calculated as if the Joint Venture reflect consideration paid to Equitable Account. For services rendered to the. Interest had been sold. At least two of for providing; funding up to a cap of Separate Account, Equitable is entitled the three appraisers on the panel must $13360,000 during the first three years of to receive certain, fees from the concur with the valuation determined, in the Separate Account in order to participating Plans based upon a multi­ the event of a deadlock (Le., if each of guarantee a 6.25 percent cash yield on part fee structure that has been fim three appraisers is: unable to agree the Plans’ investment After this, established for the Separate Account with any of the other appraisers), the consideration was paid to Equitable, $3 and approved by the investing Plans. appraisers will settle their dispute million was retained by the Separate. Equitable represents that the payment of through binding arbitration. Account for expenses associated with fees by fixe participating Plans, with the b. The D isposition Fee payable to the development of the Ala Moana exception of the two fees described Equitable is. equal to .75 percent of the Complex. No reel estate fees or below, conforms to the requirements of Separate Account’s interest in the gross commissions were paid by the Plans in section 408(b)(2) of the Act,7 disposition price of the real estate assets connection with the sale.8 a. The Performance Fee is a one-time of the Joint Venture, or the Joint Venture 9. Equitable believes that the sale of fee payable to Equitable that is Interest One-third of the fee is payable the Joint Venture Interest by the General calculated based upon the following, at the time of disposition and the Account to the Separate Account may formula: “10 percent of the amount by remaining two-thirds portion of the have resulted in the commission of a which the cumulative average annual Disposition Fee is payable only after the prohibited transaction hi violation of the return 8 exceeds 12.5 percent up to and participating Plans receive a 100 percent Act. In this regard. Equitable is including 14 percent plus 20 percent of return of capital plus a 10 percent requesting, exemptive relief from the any amount by which the average average annual return as defined in the Department in connection with the sale annual return exceeds 14 percent”. Hie above footnote. If Equitable transaction. Equitable represents that it Performance Fee is payable at the time recommends a disposition of the is a party in interest with, respect to the of the disposition ofthe Separate Separate Account during its eighth or Ameritech Trust and the Chevron Trust Account or earlier, if file Joint Venture ninth year, once again, a majority of the because independent investment Interest is sold prior to the end: to the interests held by the Plans in the managers for these Wans have initial ten year term of the Separate Separate Account and DHI must ocasionaliy used an Equitable affiliate, Account Should Equitable recommend approve the diposiiibn. Donaldson, Lufkin and Jenrette, Inc. the disposition of the Separate Account Equitable believes that an exemption (DLJJ to execute securities brokerage during the eighth or ninth years that the is appropriate in connection with its transactions and to conduct research on Separate Account is in effect the behalf of these Plans.* Moreover, investing Plans, by majority vote, and receipt of the Performance and the Equitable notes that the Ameritech Trust DHI must approve such disposition and, Disposition Fees. In this regard, and the Chevron Trust have confirmed in doing so, the payment of the Equitable represents that rt, Institutional that they have had no direct dealings Performance Fee. In addition, if a Property Consultants, Inc. (IPC)-, an with DLJ and they have not entered into majority of the holders of interests in the independent real estate advisory firm, directed brokerage arrangements with Separate Account vote to extend the Me and other representatives of the Plans DLJ. Rather, Equitable explains that the of the Separate Account beyond its have negotiated the fees at arm’s length appointed investment managers for initial ten year term, the Performance and that such fees have been approved these Plans, which are independent of Fee is pay able at the end of the ten year by the Plans. Equitable represents that the Plan sponsors, appear to have term. In fins situation, a three member the following extensive safeguards are utilized DLJ no more than they have present and inherent to the arrangement itself: fa) A system of internal ehecks used any broker. According to r The other componente of the fee structure include a quarterly asset management fee, an and balances that are contained in the multi-part fee structure which are- * Equitable represents that the-Joint Venture will investment fee on any additional contributions, function as a “real estate operating company” (above the $290miliion aggregate initial investment designed to prevent the possibility of (REOC) within the meaning of 28 GFR 2510.3-101(e). made by the participating. Plans in the Separate abuse *, (bj a fee structure that reflects Accordingly, Equitable explain» that transactions Account) to acquire additional' assete and a involving the assets o f the Joint Venture will not be development fee-on any new contributions that are deemed to involve plan assets and will not be made to expand or improve the Joint Venture 9 In this regard Equitable, notes that the subject; to the prohibited transaction provisions of properties. In this regard, the Department notes, that mechanism o f internal checks and- balances the Act. hi this regard, the. Department is providing the relief provided by this, proposed exemption, if contained in the fee structure for the Separate no opinion or exemptive relief herein with respect to granted, is limited solely to the Performance and Account permits increases in certain component the provision of services and any fees that are Disposition Fees described herein. fees to be offset by corresponding decreases in received by Equitable as managing-venturer of die 8 The term “average annual return” as used other fees; Equitable befeives that such a Joint. Venture. Further, the Department notes that in herein is defined as the sum of (a) total income mechanism is designed to ensure that it does not making the decision to invest in a. REOC. plan payment» to a participating. Plan, (less all fee» receive more than reasonable compensation from fiduciaries shoal'd consider, among other factors, payable by suchPlanJ plus (bj the net proceeds of the Separate Account. that the fiduciary responsibility provisions of die any disposition distributable to the Man (after In addition, the mechanism, of internal checks and Act do not apply to the operation of the REOC. deduction of the Disposition Fee), lesa the Plan's balances, is demonstrated by the performance * To the best of its knowledge, Equitable asserts total contributed capital divided by the Han's benchmarks that the Separate Account must “’at ^as no ether ongoing dealings, with the. contributed capital adjusted to reflect the amount of achieve in order for Equitable to be paid the Ameritech T rust In the case ofthe Chevron T rust time the Plan's contributions have been invested in. Performance Fee as well as by the return of capital Equitable represents that rt has issued a group the Separate Account, divided by the actual term of and the preferred return provisions of the annuity contract valued at $1,418,323 to a plan the Separate Account expressed as. a number of fell Disposition Fee. Equitable explains that these Participating in the Chevron T rust and partial years. Continued 2877*6 Federal Règister / Voi. 50, No. 121 /! Mondày, June 24, 1991 / Notices the product of arm’s length negotiation the terms of the sale and the receipt of methodologies utilized by EREIM and and which has been approved by IPC, fees by Equitable for its services as the Appraisers in their reports. IPC also an independent fiduciary acting on investment manager to the Separate states that although it reviewed behalf of the participating Plans; (c) the Account, the Chevron Trust, the information regarding the Ala Moana absence of unilateral authority on the Ameritech Trust and the five public Complex that had been furnished to it part of Equitable to cause the payment Plans decided to retain IPC, an by Equitale and EREIM, it conducted an of such fees and Equitable’s limited independent real estate advisory firm independent analysis of such data and ability to recommend the liquidation of which is principally located in Atlanta, drew its own conclusions with regard to the Separate Account; (d) a level of Georgia and San Diego, California. IPC the investment independently of ahy investor sophistication in the Ameritech has substantial experience in providing Equitable influence. IPC further asserts and Chevrom Trusts which enables each consulting advice and valuations to that it performed on site inspections of Plan to engage in on-going and U.S.-domiciled tax-exempt institutional the Ala Moana Complex and found such independent monitoring of Equitable; (e) clients having assets exceeding $200 properties to be well-managed and in continued monitoring of the exempted billion. Clients of IPC include large good condition. With regard to the transactions on behalf of the public public and corporate pension plans. The position of the Ala Moana Complex in Plans participating in the Separate firm is also the largest real estate its surrounding market, IPC represents Account by IPC; and (f) the reporting pension consultant in the United States that it analyzed competing shopping and disclosure of financial and other and has capital allocated to real estate centers and office complexes and it information to the Plans with respect to of approximately $20 billion. IPC is concluded that the Ala Moana Complex their participation in the Separate totally unaffiliated with Equitable and would continue to dominate the regional Account and Joint Venture as detailed in Equitable had no part in negotiating the shopping market in terms of location, paragraph 11 below. Equitable believes terns of IPC’s fee arrangements with merchandising selection and probable that these safeguards will prevent the each Plan participating in the Separate revenues. IPC also concluded that the possibility of any abuse. However, Account. The investing Plans appointed two office buildings which from part of Equitable also recognizes that, as part of IPC as real estate advisor and the Ala Moana Complex are Class “A” its management of the Separate consultant for purposes of analyzing the office buildings that hold a visual as Account, it has the discretionary transaction described herein. well as an economic command of the authority to affect the timing and/or The five public Plans are retainer market area and, as such, are positioned amount of the Performance and clients of IPC. These Plans compensate for long-term profitability. In addition to Disposition Fees. Therefore, Equitable IPC on a flat fee basis. The Chevron these analyses and investigations, IPC has requested exemptive relief from Trust and the Ameritech Trust, which indicated that it would develop sections 406(b)(1) and (b)(2) of the Act are not on-going retainer clients of IPC, guidelines for a long-term asset with respect to these fees. appointed IPC to provide an analysis of management program established for 11. Equitable represents that it is the transactions similar to that provided the Separate Account. IPC said that providing various oral and written to the public Plan investors. The such guidelines would addrss asset and reports to the participating Plans on a Chevron and Ameritech Plans have also portfolio management matters as well as quarterly, semi-annual and annual basis. compensated IPC on a flat fee basis. considerations that were germane to the In this regard, Equitable states that it is Ala Moana Complex. required under the Group Annuity Pursuant to their respective arrangements, IPC furnished each Plan IPC represents that it also reviewed Contract to provide all participating with a report evaluating the Ala Moana the fees that were to be paid by the Plans with audited financial statements Separate Account and it determined of both the Separate Account and the Complex, reviewing the price and other terms of Equitable’s proposal, such fees to be reasonable and Joint Venture. In addition, Equitable competitive both in specific part and as represents that it provides each identifying certain conditions to be fulfilled before closing and a whole. In this regard, IPC investing Plan with quarterly financial recommending whether and on what recommended that certain changes be reports of such Plan’s investment in the made to the Performance Fee in order to Separate Account, including dollar- basis each Plan should proceed with the investment. Prior to the date of closing, provide the Plans with a preferred weighted and time-weighted rates of return of capital. These changes were return. Moreover, Equitable explains IPC issued a letter to each Plan discussing certain conditions precedent subsequently incorporated into the that it periodically pro vices that Group Annuity Contract that was portfolio manager for the Separate to the sale and recommending that the Plans move forward with the funding of: provided by Equitable.to each investing Account with written property updates the Separate Account. In turn, the Plans Plan. and outlook reports for each of the As a result of its independent properties in the Ala Moana Complex as relied upon BPC’s recommendation by investing in the Separate Account. analysis, IPC recommended that the of the current reporting period. Further, Plans make their respective investments Equitale states that at the inception of In examining all aspects of the sale transaction, IPC conducted its own in the Separate Account. Each Plan then the Separate Account, it established a executed a Group Annuity Contract with committee of representatives of the financial analysis which included reviews of ten year cash flow pro forma Equitable on December 16,1988 and the participating plans. Equitable explains sale was entered into in the manner that it meets with this committee at least statements developed by Equitable Real Estate Investment Management, Inc. described above. annually to review the activity and 13. Since the date of closing, IPC has performance of the Separate Account. (EREIM), a wholly owned subsidiary of Equitable that acts as investment monitored the economic performance 12. For purposes of participating in the and general operations of the Separate Separate Account as well as evaluating advisor to Equitable for the Separate Account, as well as the appraisal Account and it has provided quarterly reports that had been prepared of the : performance reports to each of its • ■ internal checks and balances essentially guarantee retainer clients. Such reports contain, the that it will receive such fees only after the Ala Moana Complex by the Appraisers. participating Plans have realized an adequate return IPC represents that it agreed with the following information: (a) The current on their investment in the Separate Account. assumptions and valuation investment value of individual assets Federal, Register / Vol. 56, Mq. 121- / Moftçiay, Jupe 24, 1,99,1, /- isfotjçes 2877/ and the value of the portfolio; (b) the FOR FURTHER INFORMATION CONTACT: NATIONAL ARCHIVES AND RECORDS economic performance of individual Ms. Jan D. Broady of the Department, ADMINISTRATION assets and the portfolio in terms of telephone (202) 523-8881. (Hiis is not a yields and returns; (c) reporting toll-free number.) Records Schedules; Availability and R eq u est fo r C om m ents variances; (d) a portfolio composition General Information characteristics summary and a comparison of IPC benchmark indices; The attention of interested persons is AGENCY: Office of Records Administration, National Archives and and (e) a summary information sheet on directed to the following: individual assets. Although not required (1) The fact that a transaction is the Records Administration. to do so, IPC represents that it has subject of an exemption under section a c t i o n : Notice of availability of advised representatives for the 408(a) of the Act and/or section proposed records schedules; request for Ameritech and Chevron Trusts on a 4975(c)(2) of the Code does not relieve a comments. periodic, but informal basis regarding fiduciary or other party in interest of disqualified person from certain other s u m m a r y : The National Archives and said operations for no compensation. Records Administration (NARA) In the event of a discrepancy between provisions of the Act and/or the Code, including any prohibited transaction publishes notice at least once monthly the kinds of information that is supplied provisions to which the exemption does of certain Federal agency requests for to the participating Plans by IPC and by not apply and the general fiduciary records disposition authority (records Equitable, Equitable states that it will responsibility provisions of section 404 schedules). Records schedules identify confer with IPC at the annual meeting of of the Act, which among other things records of sufficient value to warrant participating Plans to ensure that any require a fiduciary to discharge his preservation in the National Archives of misinformation is corrected. Also, duties respecting the plan solely in the the United States. Schedules also Equitable represents that it will afford interest of the participants and authorize agencies after a specified IPC and all participating Plans the right beneficiaries of the plan and in a period to dispose of records lacking to inspect Equitable’s books and records prudent fashion in accordance with administrative, legal, research, or other to verify the accuracy of information section 404(a)(1)(b) of the act; nor does it value. Notice is published for records that has been disseminated. affect the requirement of section 401(a) schedules that (1) propose the 14. In summary, it is represented that of the Code that the plan must operate destruction of records not previously the transactions satisfy the statutory for the exclusive benefit of the authorized for disposal, or (2) reduce the criteria for an exemption under section employees of the employer maintaining retention period for records already 408(a) of the Act, among other things, the plan and their beneficiaries; authorized for disposal. NARA invites because: (a) The decision by each of the (2) Before an exemption may be public comments on such schedules, as Plans to invest in the Separate Account granted under section 408(a) of the Act requred by 44 USC 3303a(a). was made by Plan fiduciaries who are and/or section 4975(c)(2) of the Code, DATES: Request for copies must be totally unrelated to Equitable; (b) each the Department must find that the received in writing on or before August Wan investing in the Separate Account exemption is administratively feasible, 8,1991. Once the appraisal of the is a large, well-funded plan with in the interests of the plan and of its records is completed, NARA will send a substantial real estate assets and participants and beneficiaries and copy of the schedule. The requester will experienced in-house investment staff protective of the rights of participants be given 30 days to submit comments. who are familiar with real estate and beneficiaries of the plan; and ADDRESSES: Address requests for single investments and the types of incentive (3) The proposed exemptions, if copies of schedules identified in this fees paid with respect to these granted, will be supplemental to, and notice to the Records Appraisal and investments; (c) the participating Plans not in derogation of, any other Disposition Division (NIR), National retained an independent consultant, IPC, provisions of the Act and/or the Code, Archives and Records Administration, to review, negotiate and approve each including statutory or administrative Washington, DC 20408. Requesters must Plan’s investment in the Separate exemptions and transitional rules. cite the control number assigned to each Account as well as the sale of the Joint Furthermore, the fact that a transaction schedule when requesting a copy. The Venture Interest by the General Account is subject to an administrative or control number appears in parentheses to the Separate Account and the multi­ statutory exemption is not dispositive of immediately after the name of the part fee structure; (d) the participating whether the transaction is in fact a requesting agency. Plans will receive periodic reporting and prohibited transaction. SUPPLEMENTARY INFORMATION: Each disclosure regarding the Separate (4) The proposed exemptions, if year U.S. Government agencies create Account and the Joint Venture; (e) IPC granted, will be the subject to the billions of records on paper, film, will continue to monitor the interests of express condition that the material facts magnetic tape, and other media. In order the public Plans investing in the and representations contained in each to control this accumulation, agency Separate Account while independent application are true and complete, and records managers prepare records Plan fiduciaries for the Ameritech Trust that each application accurately schedules specifying when the agency and the Chevron Trust will monitor their describes all material terms of the no longer needs the records and what respective Plan’s investments; and (f) transaction which is the subject of the happens to the records after this period. the sale of the Joint Venture Interest by exemption. Some schedules are comprehensive and the General Account to the Separate Signed at Washington, DC, this 16th day of cover all the records of an agency or one Account involved a lump sum cash June, 1991. of its major subdivisions. These payment that was based upon the Ivan Strasfeld, comprehensive schedules provide for independently appraised value of the Director of Exemption Determinations, the eventual transfer to the National Joint Venture Interest and it did not Pension and Welfare Benefits Administration, Archives of historically valuable records evolve the payment of any real estate U.S. Department o f Labor. and authorize the disposal of all other fees or commissions by any of the [FR Doe. 91-14922 Filed 6-21-91; 8:45 am) records. Most schedules, however, cover investing Plans. BILLING CODE 4510-2S-M records of only one office or program or <28778 Federal Register / Vpl. 5fe No.? 121\ J\ tylptiday, June 24» 19911 / N otices

a few series of records, and many are local and unreadable electronic records 38-91-1). Accessioned records updates of previously approved that will not be converted to a new consisting of foe Department of foe schedules. Such schedules also may system. Navy, Naval Historical Center, Copies include records that are designated for 14. Department of Agriculture, Forest of manuscripts submitted to the Office permanent retention. Service (Nl-95-91-2). Routine records of Public Relations and miscellaneous Destruction of records requires the concerning the administration of books and periodicals, 1940-45. approval of the Archivist of the United telecommunication activities. 28. Panama Canal Commission (Nl- States. This approval is granted after a 15. Department of Agriculture, World 185-91-1). Records relating to the thorough study of the records that takes Agricultural Outlook Board (Nl-355-91- publication of rules in foe Federal into account their administrative use by 1). Routine administrative records Register and Code of Federal the agency of origin, the rights and concerning emergency preparedness, the Regulations. interests of the Government and of distribution of information and inquiries 29. Office of Price Stabilization (Nl- private persons directly affected by the from other federal agencies. 295-91-1). Protest case files, subject Government’s activities, and historical 16. Commodity Futures Trading files, price surveys and other or other value. Commission (Nl-180-81-1). Dockets of documentation relating to routine This public notice identifies the cases heard before foe Department of operations (permanently valuable Federal agencies and their subdivisions Agriculture under foe Commodity records are scheduled for immediate requesting disposition authority, Exchange Act, 1947-1964. transfer to the National Archives). includes the control number assigned to 17. Department of Energy (Nl-434-91- 30. Department of State, Bureau of each schedule, and briefly describes the 3). Visitor tour records of foe Stanford International Scientific and records proposed Tot disposal. The Linear Accelerator Center. Technological Affairs (Nl-59-91-2). records schedule contains additional 18. Federal Communications Routine and facilitative files. information about the records and their Commission, Common Carrier Bureau 31. Department of State, Bureau of disposition. Further information about (Nl-173-91-3). Statistical summaries, Educational and Cultural Affairs (Nl- the disposition process wilt be furnished price lists, and other compliance-related 59-91-15, -21, and -22). Routine, to each requester. records relating to telephone and facilitative, and grant files. telegraph carriers, 1923-55. Schedules Pending 32. Tennessee Valley Authority, 19. Federal Deposit Insurance Resource Development (Nl-142-90-17). 1. Department of the Air Force (Nl- Corporation, Office of Legislative Comprehensive records schedule for AFU-91-27). Career information and Affairs (Nl-34-91-3). Proposed Land Between foe Lakes recreation area. counseling records. legislation, Congressional 33. Department of the Treasury, 2. Department of the Air Force (Nl- correspondence, and hearing records. Bureau of Public Debt (Nl-53-91-1). AFU-91-28). Equipment receipt lists. 20. Federal Deposit Insurance Files dealing with the issuance of 3. Department of the Air Force (Nl- Corporation, Office of Corporate government securities. AFU-91-30). Fixed communications- Communication (Nl-34-91-6). Public computer systems supply records. relations and special events records. Datedr 4. Department of the Air Force (Nl- 21. General Accounting Office (Nl- Don W. Wilson, AFU-91-32). Reports of payments to 411-91-1). Fraud Hotline case files and Archivist of the United Sta tes* individuals required by 1RS. related records. [FR Doc. 91-14943 Filed 6-21-91; 8:45 am) 5. Department of foe Air Force (Nl- 22. Department of Health and Human BILLING CODE 7515-01-M AFU-B1-33). Records authorizing on- Services, Centers for Disease Control base day care providers. (Nl-442-91-3). Electronic data, input 6. Department of foe Air Force (Nl- forms and printouts for the Vessel NUCLEAR REGULATORY AFU-91-34). Routine training materials. Sanitation and Medical Examiner/ COMMISSION 7. Department of the Air Force (Nl- Coroner Information Sharing Programs; AFU-91-35). Applications for Thrift inputs to and special outputs from foe Advisory Committee on Reactor Savings Han participation. Sudden Unexplained Death Syndrome Safeguards; Meeting Agenda 8. Defense Logistics Agency (Nl-381- Database. 91-10). Routine and facilitative records 23. Department of Justice, Federal hi accordance with foe purposes of relating to distribution. Bureau of Investigation (Nl-65-86-13). sections 29 and 182b. of the Atomic 9. Defense Logistics Agency (Nl-361- Program records of foe National Center Energy Act (42 U.S.C. 2039,2232b), the 91-11). Routine mid facilitative records for foe Analysis of Violent Crime. Advisory Committee on Reactor relating to small business programs, 24. National Aeronautics and Space Safeguards will hold a meeting on July 10. ACTION, Office of Management Administration, Marshall Space Right 11-13,1991, in room P-110, 7920 Norfolk and Budget (Nl-362-01-2). Routine Center (Nl-255-91-2). External tank Avenue, Befoesda, Maryland. Notice of administrative records relating to research and development reference this meeting was published in foe recruitment and finance. reports, 1978-1985, Federal Register on May 23,1991. 11. ACTION, Office of Management 25. National Aeronautics and Space Thursday, July 11,1991 and Budget (Nl-362-91-3). Working files Administration, Marshall Space Right related to grant projects and records Center (Nl-255-91-5). Research and 8:30 a.m.-8;45 a.m.: Opening Remarks relating to foe deferment of student development program briefing files. by ACRS Chairman (Open)—The ACRS loans for VISTA volunteers. 26. National Aeronautics and Space Chairman will make opening remarks 12. ACTION, Office of Management Administration, Marshall Space Flight and comment briefly regarding items of and Budget (Nl-362-91-4). Agreements Center (Nl-255-91-11). Experimenter current interest. made with other agencies for routine data tapes for International Satellite for 8.-45 o,m.-10:15 a.m.: Proposed administrative and housekeeping Ionospheric Studies (ISIS—2), 1971-1978. Schedute for Review of Evolutionary functions. 27. National Archives and Records and Advanced Nuclear Power Plant 13. Department of Agriculture, Forest Administration, Office of the National Designs (Open)—The Committee will Service (Nl-95-91-1). Administrative, Archives, Textual Projects Division (N2- review the schedule proposed by the Federal Register / Vol. 56,! No. 121/ Monday, June 24| ISSfl5 / Notices * 28/79

NRC staff for review of evolutionary NRC staff, as appropriate, regarding the Committee will discuss the scope and and advanced nuclear power plant standard BWR nuclear powr plant nature of the proposed ACRS report to designs, the EPRI Advanced LWR design. the NRC regarding the NRC safety Requirements Document, and the effort Portions of this session will be closed research program. to revise regulatory guidance and the as necessary to discuss Proprietary 1:30 p.m.-2:30 p.m.: K ey Technical NRC standard review plan (SECY-91- Information applicable to this project. Issues for Future Nuclear Plants 161). Representatives of the NRC staff 1 p.m.-2:30 p.m.: Fitness for Duty (Open)—The Committee will discuss a and DOE will participate in this session, (Open/Closed)—The Committee will and representatives of the nuclear hear a briefing by and hold discussions proposed list of key technical issues in industry may participate, as appropriate. with representatives of the NRC staff need of early resolution for evolutionary 10:30 a.m.-ll:a.m.: Proposed Actions regarding incidents at nuclear power and advanced nuclear power plants. for Improving Guidance for Performing plants that have involved fitness for Procedures for the conduct of and Regulatory Analyses (Open)—The duty considerations. Representatives of participation in ACRS meetings were Committee will hear a briefing by and the nuclear industry may participate, as published in the Federal Register on hold discussions with members of the appropriate, in those limited portions of October 2,1990 (55 FR 40249). In NRC staff regarding proposed actions to this session where they have specific accordance with these procedures, oral improve guidance for the performance of information to contribute. or written statements may be presented regulatory analyses (SECY-91-114). Portions of this session will be closed by members of the public, recordings 11:30 a.m.-12:15p.m.: Activities of as necessary to discuss information the will be permitted only during those open ACRS Subcommittees and Members release of which would represent a portions of the meeting when a (Open)—The Committee will hear clearly unwarranted invasion of transcript is being kept, and questions reports and hold discussions regarding personal privacy. may be asked only by members of the recent ACRS subcommittee meetings 2:45 p.m.-4:15 p.m.: Reactor Operating Committee, its consultants, and staff. and related members' activities, Experience (Open)—The Committee will Persons desiring to make oral statments including the May 30,1991 Advanced hear briefings by and hold discussions BWRs Subcommittee meeting, June 18- with members of the NRC staff should notify the ACRS Executive 19,1991 Regional Programs regarding recent incidents and events at Director as far in advance as practicable Subcommittee meeting, a visit to the nuclear power plants, including a loss of so that appropriate arrangements can be Vermont Yankee nuclear plant, and an off-site power event at the Vermont made to allow the necessary time during NRC staff seminar on nuclear power Yankee nuclear station and a the meeting for such statements. Use of plant aging. transformer failure/generator fire at the still, motion picture and television 1:15 p.m.-3:15 p.m.: NUMARC/EPRI Maine Yankee nuclear plant. cameras during this meeting may be Fire Vulnerabilities Evaluation 4:15p.m.-5p.m.—Future ACRS limited to selected portions of the Methodology (Open/Closed)—The A ctivities (Open)—The members will meeting as determined by the Chairman. Committee will hear a briefing by and discuss anticipated subcommittee Information regarding the time to be set hold discussions with representatives of activities and items proposed for aside for this purpose may be obtained NUMARC/EPRI and the NRC staff consideration by the full Committee. by a prepaid telephone call to the ACRS regarding the NUMARC/EPRI fire 5 p.m.-6:30 p.m.: Preparation of ARS Exective Director, Mr. Raymond F. vulnerabilities evaluation (FIVE) Reports to the NRC (Open)—The Fraley, prior to the meeting. In view of methodology and the draft NRC staff Committee will discuss proposed ACRS the possibility that the schedule for position on this matter. reports to the NRC regarding items that ACRS meetins may be adjusted by the Portions of this session will be closed were not completed at previous Chairman as necessary to facilitate the as necessary to discuss Proprietary meetings, various technical issues, and conduct of the meeting, persons Information applicable to this matter. matters considered during this meeting, 3:30 p.m.-5:30 p.m.: Meeting with planning to attend should check with the including use of PRA in the regulatory ACRS Executive Director if such re­ Director, NRC Officew for Analysis and process; proposed resolution of GI-130, Evaluation of Operational Data Essential Service Water System Failures scheduling would result in major (Open)—The Committee will hear a at Multi-Unit Sites; the scope and nature inconvenience. briefing and hold discussions regarding of the General Electric ABWR review; I have determined in accordance with items of mutual interest, including the and the NRC staff assessment of risk subsection 10(d) Public Law 92-463 that status and general use of the NRC during low power and shutdown it is necessary to close portions of this performance indicator program, the operations at nuclear power plants. meeting noted above to discuss role/impact of AEOD activities on the information the release of which would regulatory process, and the use of PRA Saturday, July 13,1991 represent an unwarranted invasion of by the Committee to Review Generic 8:30 a.m .-ll:30 a.m.: Preparation o f personal privacy (5 U.S.G. 552b(c)(6)) Requirements in its decisionmaking ACRS Reports to NRC (Open/Closed)— and to discuss Properietary Information process. The Committee will discuss proposed applicable to the matter being 5:30 p.m.-6:30 p.m.: Preparation of ACRS reports to the NRC regarding considered (5 U.S.C. 552b(c)(4)). ACRS Reports (Open)—The Committee items noted above and items considered Further information regarding topics will discuss the proposed report to NRC during this meeting. to be discussed, whether the meeting regarding the use of PRA in the Portions of this session will be closed regulatory process. as necessary to discuss Proprietary has been canceled or rescheduled, the Chairman’s ruling on requests for the Friday, July 12,1991 Information applicable to the matter being considered and information the opportunity to present oral statements 8:30 a.m.-12 noon: General Electric release of which would represent a and the time allotted can be obtained by Company SB WR (Open/Closed)—The clearly unwarranted invasion of a prepaid telephone call to the ACRS Committee will hear a briefing by and personal privacy. Executive Director, Mr. Raymond F. hold discussions with representatives of 11:30 a.m.-12:30 p.m.: NRC Safety Fraley (telephone 301/492-8049), the General Electric Company and the Research Program (Open)—The between 8 a.m. and 4:30 p.m. 28780 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Notices

Dated: June 19,1991. September 12,1977, under the authority Dated: June 18,1991. John C. Hoyle, of Public Law 91-379, have not been Allan V. Burman, Advisory, Committee Managment Officer. adjusted to reflect this inflation Administrator for Federal Procurement Policy [FR Doc. 91-14980 Filed 6-21-91; 8:45 amj experience. and Chairman, Cost Accounting Standards BILLING C O D E 7590-01-M Board. For the purpose of the Discussion [FR Doc. 91-14861 Filed 6-21-91; 8:45 amj Paper, the staff is proposing a modified BILLING CODE 3110-01-M OFFICE OF MANAGEMENT AND CAS coverage threshold of $20 million BUDGET (actual inflation experience rounded to the nearest five million dollar Office of Federal Procurement Policy increment). This represents a doubling POSTAL RATE COMMISSION of the present threshold, and is Cost Accounting Standards Board; consistent with inflation experience as [Order No. 888] Thresholds for Cost Accounting measured by the consumer price index Standards Coverage from the last quarter of calendar year Order Granting Motion for Extension and Explaining Procedural Matters a c t i o n : Notice. 1977 through the first quarter of 1991. Issued June 18,1991. s u m m a r y : The Office of Federal The Board is also considering an Procurement Policy, Cost Accounting adjustment in the so-called “trigger Before Commissioners: George W. Haley, Standards Board (CASB), invites public contract” threshold. This is the dollar Chairman; Henry R. Folsom, Vice-Chairman; comment concerning a Staff Discussion threshold associated with the initiation John W. Crutcher; W. H. “Trey” LeBlanc, III; Paper on the topic of revised thresholds of CAS coverage, in a segment or Patti Birge Tyson. for Cost Accounting Standards business unit, based on the award of a In the Matter of San Francisco Main Post coverage, and Disclosure Statement single negotiated Government contract. Office, California 94101 (Paul A. Lovinger, et requirements. The present trigger contract threshold is al., Petitioners). d a t e s : Requests for copies of the Staff a single negotiated national defense On June 17,1991, the Commission Discussion Paper, and any comments contract exceeding $500,000. Once received a motion for an extension of upon its contents, should be received by awarded a negotiated national defense time in which to respond to the Postal August 23,1991. contract of at least this dollar amount in Service’s motion to dismiss this appeal. a d d r e s s e s : Requests for a copy of the a single cost accounting period, The Petitioners request one-week Staff Discussion Paper, or comments government contractors are subject to extensions for the filing of their upon its contents, should be addressed some form of CAS coverage (either full response to the motion and for the filing to Mr. Richard C. Loeb, Executive or modified) for all subsequently of their Participant Statement or Initial Secretary, Cost Accounting Standards awarded negotiated national defense Brief. We are granting that motion, as Board, Office of Federal Procurement contracts exceeding $100,000. Public well as adjusting the other procedural Policy, 725 17th Street, NW., room 9001, Law 100-679 raised the threshold for dates. We believe we can provide this Washington, DC 20503. Attn: CASB Docket 91-04. individual CAS contract coverage to additional time to the Petitioners $500,000 (see proposed CAS without jeopardizing our ability to issue FOR FURTHER INFORMATION CONTACT. recodiff cation, 56 FR 26968), but did not a decision by the procedural deadline of Richard C. Loeb, Executive Secretary, address the issue of an increased September 18,1991. The revised Cost Accounting Standards Board Procedural Schedule is attached to this (telephone: 202-395-3254). threshold for the initial CAS trigger contract. Without such an adjustment, order. SUPPLEMENTARY INFORMATION: The the minimum individual CAS contract Office of Federal Procurement Policy, The Commission has received a Cost Accounting Standards Board, is threshold, and the initiating CAS number of intervention'notices in this releasing a Staff Discussion Paper “trigger contract” threshold will be one appeal. As is the Commission’s practice, concerning revised thresholds for and the same. In light of the Board’s these interventions will be consolidated application of the Cost Accounting consideration of the extension of CAS into the docket established for the Standards (CAS) to negotiated coverage to many of the negotiated consideration of this appeal, Docket No. Government contracts. Section 26(g)(1) contracts of the civilian procuring A91-4. A number of intervenors have of the Office of Federal Procurement agencies (see 56 FR 12571), the staff requested that a hearing be held in San Policy Act, 41 U.S.C. 422(g)(1), requires believes that an adjustment in the Francisco, California. The only that the Board, prior to the promulgation trigger contract threshold for the “hearing” that could be held in a post of any new or revised Cost Accounting initiation of CAS coverage may be office closing appeal case is an oral Standard, to consult with interested appropriate. The staff proposal is for a argument. As explained at 39 CFR persons concerning the advantages, doubling of the “trigger contract” dollar 3001.116, oral argument will only be held disadvantages and improvements threshold applicable to initiation of CAS on those unusual cases where it is a anticipated in the pricing and coverage from $500,000 to $1 million. necessary addition to the written administration of Government contracts The purpose of the Staff Discussion arguments presented by the parties. The as a result of the adoption of a proposed Commission’s experience is that written Standard. The Board is considering Paper is to solicit public comment with respect to the Board’s consideration of presentations are adequate. That section action on this topic in order to adjust of our rules of practice and procedure CAS applicability thresholds to levels the topic of various thresholds applicable to CAS coverage. It reflects also points out that oral arguments will reflecting experience with price inflation be held in Washington, DC. since the last quarter of 1977. In the research accomplished to date by the intervening fourteen years, CAS staff in the respective subject area, and The Commission orders: applicability thresholds, last as such has not been formally approved (A) The Petitioners’ motion for an promulgated by the previous Board on by the Board. extension of time is granted. Federal Register / Vol. 56, Nov 121 / Monday, June 24, 1991 / Notices 28781

(B) The Procedural Schedule attached File No. 270-51, Form 10 (44 U.S.C. 3501 etseq.}, the Securities to this order is adopted in Docket No. Fite No. 270-64, Form S -ll and Exchange Commission (the File No. 270-55, Form 8-B “Commission”) has submitted for OMB File No. 270-61. Form S-3 Charles L. Clapp, approval the rescission of Rule 6c-9 and Secretary. Notice is hereby given that pursuant Form N-6C9 under the Investment to the Paperwork Reduction Act of 1980 Company Act of 1940 (the “Act"). The San Francisco Main Post Office, (44 U.S.C. 3501 etseq.}, the Securities rule permits a foreign bank or the bank’s California 94101 and Exchange Commission has finance subsidiary to offer or sell its May 21, 1991_— Filing of* Petition submitted for OMB approval extension debt securities or non-voting preferred May 30,1991...... Notice and Order of Filing of the foBowing: Form 10-K; Form 10; stock in the United States without of Appeal Form S-ll; Form 8-B; Form S-3. The June 17,1991___ Last day of Sling, of peti­ registering as an investment company tions to intervene [see forms and rule provide a basis for the under the Act. The form is filed by 30 CFR 3001-UlCbJIr Commission to fulfill its statutory foreign entities seeking to rely on the July 2,1991____ Petitioners’' Participant responsibility to ensure that issuers of rule. The Commission’s adoption of Rule Statement or Initial Brief publicly traded securities provide 3a-6 and related rule changes, which [see 39 CFR 3001.115(a) investors and the marketplace with except foreign banks and foreign and (b)k adequate information. Form ItF-K affects insurance companies from the Act’s July 23,1991..... Postal Service Answering 9,486 filers for a total of 16,135,687 definition of “investment company," has Brief [see 39 CFR burden hours; Form 10 affects 170 filers made the exemption provided hy the 3801.1T5(c)J. for a total of 19,210 burden hours; Form August T, 1991__ Petitioners’" Reply Brief rule unnecessary. should Petitioners S -ll affects 359 filers for a total of Each of the estimated one hundred choose to fite one [see 308,740 burden hours; Form 8-B affects respondents annually has incurred an 39 CFR 3001.115(d) j . 59 filers for a total of 472 burden hours; average estimated one burden hour to August 4,1991..... Deadline for motions by and Form S-3 affects 1,730 filers for a comply with the requirement to file the any party requesting total of 724,870 burden hours. The form, which will now no longer be oral argument. The estimated burden hours are made solely incurred. This estimate of average Commission wilt sched­ for purposes of the Paperwork burden hours is made solely for the ule oral argument only Reduction Act and are not derived from purposes: of the Paperwork Reduction when il ia a necessary a comprehensive* or even a addition to the written Act and is not derived from a, filings: [see 39 CFR representative survey of the cost of the comprehensive or even representative [email protected]). Commission’s rules and forms. Direct survey or study of the cost of SEC rules September 18, Expiration of 120-iIay deci- general comments to Gary Waxman at and forms. 1991. sional schedule, [see 39 the address below. Direct any comments Direct general comments to Gary ILS.C 404(b)(5).). concerning the accuracy of the Waxman at the address below. Direct [FR Doc 91-14921 Filed 6-21-91; 8:45 am] estimated average burden hours for any comments concerning the accuracy BILLING CODE 7710-FW-M compliance with the Securities and of the estimated average burden hours Exchange Commission rules and forms for compliance with SEC rules and Cancellation of Commission Visits to Kenneth A . Fogash, Deputy forms to Kenneth A. Fogash, Deputy Notice is hereby given that the visits Executive Director, Securities and Executive Director, Securities and of Chairman Haley, Commissioner Exchange CommTssion, 450 5th Street, Exchange Commission, 450 Fifth Street. LeBlanc and other members of the NW., Washington, DC 20549 and Gary NW., Washington, DC 20549, and Gary Advisory Staff previously scheduled for Waxman, Clearance Officer, Office of Waxman, Clearance Officer, Office of June 18 and June 19,1991 to Scan-Code, Management and Budget (Paperwork Management and Budget, Room 3228, East Hartford, Connecticut and ABVO- Reduction Project 3235-0063, 0064,0067, New Executive Office Building. System, Windsor, Connecticut, 0068, 0073), Room 3208, New Executive Washington, DC 20503. appearing in the Federal Register of June Office Building, Washington, DC 20503. Dated: June 3,1991. 7,1991 at page 26446 (FR Doc. 91-13493), Dated; June 1,1991. Margaret H. McFarland, are cancelled. Margaret H. McFarland, Deputy Secretary. Charles L. Clapp, Deputy Secretary. [FR Doc. 91-14887 Filed 6-21-91; 8:45 am) [FR Doc. 91-14886 Filed 6-21-91; 8:45 am] Secretary. BILLING CODE 8010-01-M [FR Doc. 91-14870 Filed 6-21-91; 8:45 am) BILLING CODE 8010-01-M BILLING CODE 7710-FW-01 Forms Under Review by Office of Forms Under Review by Office of Management and Budget SECURITIES AND EXCHANGE Management and Budget COMMISSION Agency Clearance Officer: Kenneth Agency Clearance Officer. Kenneth A. Fogash, (202) 272-2142 Fogash, (202) 272-2142. Forms Under Review by Office of Upon written request copy available Management and Budget Upon Written Request, Copy Available From: Securities and Exchange from: Securities and Exchange Agency Clearance Officer: Kenneth A. Commission Office of Filings, Commission Office of Filings, Fogpsh, (202) 272-2141. Information and Consumer Services, Information and Consumer Services Upon Written Request Copy Available 450 Fifth Street, NW., Washington, DC Washington, DC 20549. From: Securities and Exchange 20549. New, Form F—11, File No. 270-353 Commission Office of Filings, New, Form F-12, File No. 270-354 Information and Consumer Services, Rescission New, Form 13E4H.Fite No. 270-355 Washington, DC 2054a Fite No. 270-303—Rule 6e-0 and Form N-6C9 New, Form. 14D1C, File No. 270-358 Extension Notice is hereby given that, pursuant Notice is hereby given pursuant to the File No. 270-48, Form 10-K to the Paperwork Reduction Act of 1980 Paperwork Reduction Act of 1980 [44 28782 f Fédéral Register /'Vol; '56* Wo. 121 / Noonday, June 24, 1991 / ‘Notices

U.S.C. 3501 et seq.), that the Securities This security is listed and registered Common Stock, $.01 Par Value (File No. 7- and Exchange Commission on one or more other national securities 6970) (“Commission”) has submitted for OMB exchange and are reported in the ETZ Lavud, Ltd. approval new forms under the Securities consolidated transaction reporting American Depositary Receipts (File No. 7- 6971) Act of 1933 (1933 Act), and the system. Europe Fund Securities Exchange Act of 1934 (1934 Interested persons are invited to Common Stock, $.01 Par Value (File No. 7- Act) to be adopted pursuant to the submit on or before July 10,1991, written 6972) Commission’s rulemaking authority. The data, views and arguments concerning FAI Insurances Ltd. proposed forms are as follows: the above-referenced applications. American Depositary Receipts (File No. 7- Form F-ll, registration pertaining to equity Persons desiring to make written 6973) rights offerings by foreign issuers, (1933 comments should file three copies Global Ocean Carriers, Ltd. Act), thereof with the Secretary of the American Depositary Receipts (File No. 7- Form F-12, registration of securities to be Securities and Exchange Commission, 6974) issued in an exchange offer, (1933 Act), 450 Fifth Street NW., Washington, DC Huntington International Holdings Form 14D1C, third party tender offer form 20549. Following this opportunity for American Depositary Receipts (File No. 7- (1934 Act), and hearing, the Commission will approve 6975) Form 13E4H, issuer tender offer form, (1934 Indonesia Fund Act). the applications if it finds, based upon all the information available to it, that Common Stock, $.01 Par Value (File No. 7- The staff estimates that up to the extensions of unlisted trading 6976) approximately 107 foreign companies Inter City Products Corp. privileges pursuant to such applications American Depositary Receipts (File No. 7- may avail themselves of the new forms are consistent with the maintenance of per year at an estimated average burden 6977) fair and orderly markets and the Intertan, Inc. , of two hours per response per form. The protection of investors. American Depositary Receipts (File No. 7- estimated average burden hours are 6978) made solely for purposes of the For the Commission, by the Division of Market Regulation, pursuant to delegated Irish Investment Fund Paperwork Reduction Act and not authority. Common Stock, $.01 Par Value (File No. 7- derived from a comprehensive or even a Jonathan G. Katz, 6979) representative survey or study of the Italy Fund costs of Commission rules and forms. Secretary. Common Stock, $.01 Par Value (File No. 7- General comments regarding the [FR Doc. 91-14890 Filed 6-21-91; 8:45 am] 6980) estimated burden hours should be BILLINQ CODE 8010-01-M Jakarta Growth Fund directed to Gary Waxman at the Common Stock, $.01 Par Value (File No. 7- address below. Any comments 6981) concerning the accuracy of the Self-Regulatory Organizations; Kubota Ltd. estimated average burden hours for Applications for Unlisted Trading American Depositary Receipts (File No. 7- compliance with Commission rules and Privileges and of Opportunity for 6982) Hearing; Pacific Stock Exchange, Inc. Laser Industries, Ltd. forms should be directed to Kenneth A. American Depositary Receipts (File No. 7- Fogash, Deputy Executive Director, June 18,1991. 6983) Securities and Exchange Commission, The above named national securities Luxottica Groupt SPA 450 Fifth Street, NW., Washington, DC exchange has filed applications with the American Depositary Receipts (File No. 7- 20549 and Gary Waxman, Clearance Securities and Exchange Commission 6984) Officer, Office of Management and (“Commission”) pursuant to section Malartic Hygrade Gold Mines American Depositary Receipts (File No. 7- Budget, Room 3208, New Executive 12(f)(1)(B) of the Securities Exchange Office Building, Washington, DC 20503. 6985) Act of 1934 and Rule 12f-l thereunder MC Shipping, Inc. Dated: June 12,1991. for unlisted trading privileges in the American Depositary Receipts (File No. 7- Margaret H. McFarland, following securities: 6986) Deputy Secretary. Club Med, Inc. Mitsubishi Bank Ltd. [FR Doc. 91-14888 Filed 6-21-91; 8:45 am] American Depositary Receipts (File No. 7- American Depositary Receipts (File No. 7— BILLING CODE 8010-01-M 6962) 6987) Coles Myer Ltd. Montecatini Edison SPA American Depositary Receipts (File No. 7- American Depositary Receipts (File No. 7- Self-Regulatory Organizations; 6963) 6988) Curragh Resources, Inc. Applications for Unlisted Trading NFC, PLC American Depositary Receipts (File No. 7- American Depositary Receipts (File No. 7- Privileges and of Opportunity for 6964) 6989) Hearing; Midwest Stock Exchange, Inc. Dickenson Mines Ltd. National Australia Bank Class A American Depositary Receipts American Depositary Receipts (File No. 7- June 18,1991. (File No. 7-6965) The above named national securities 6990) Domtar, Inc. National Westminster Bank exchange has Bled applications with the American Depositary Receipts (File No. 7- American Depositary Receipts (File No. 7- Securities and Exchange Commission 6966) Electrochemical Industries 6991) (“Commission”) pursuant to section North American Vaccine 12(f)(1)(B) of the Securities Exchange American Depositary Receipts (File No. 7- American Depositary Receipts (File No. 7- Act of 1934 and Rule 12f-l thereunder 6967) Elscint Ltd. 6992) for unlisted trading privileges in the American Depositary Receipts (File No. 7- North Canadian Oils, Ltd. following security: 6968) American Depositary Receipts (File No. 7- Societe National Elf Aquitane Emerging Germany Fund 6993) American Depository Shares each Common Stock, $.01 Par Value (File No. 7— Northgate Exploration, Ltd. representing Vie and ordinary share, FF 50 6969) American Depositary Receipts (File No. Nominal Value (File No. 7-6998) Emerging Mexico Fund 6994) Federal Register /V o l. 58, No* 121. / Nffpnri,ay, Jiyie 24, .1,990; f t Hotjges ,2 8 7 8 3

These securities are listed and II. Self-Regulatory Organization’s prior to the thirtieth day after registered on one or more other national Statement of the Terms of Substance of publication in the Federal Register securities exchange and are reported in the Proposed Rule Change because it will allow PTC to continue the consolidated transaction reporting Article Ed, rule 2, section 2(f) of the covering the cost of borrowing P&I system. rules of PTC, providing for the proration advances with interest from investing Interested persons are invited to among benefited participants of the cost P&I receipts and because there wilt submit on or before July 10,1991, written of financing principal and interest accordingly, not be a lapse in data, views and arguments concerning (“PM") advances* is deleted and current effectiveness when the temporary the above-referenced application. section 2(g) is renumbered 2(f). approval for SR-PTC-91-05 expires on Persons desiring to make written June 14* 1991. In addition the comments should file three copies III. Self-Regulatory Organization's Commission has noticed the proposal thereof with the Secretary of the Statement of the Purpose of, and and approved it on a temporary basis. Securities and Exchange Commission, Statutory Basis for, the Proposed Rule No comments were received Change. 4505th Street, NW., Washington, DC V. Solicitation of Comments 20549. Following this opportunity for In its filing with the Commission* PTC hearing, the Commission will approve included statements concerning the Interested persons are invited to* the application if it finds, based upon aU purpose of, and statutory basis for, die submit written data, views, and the information available to it, that the proposed rule change and discussed any arguments concerning the foregoing. extensions of unlisted trading, privileges comments it received on the proposed Persons making written submissions pursuant to such applications are rule change. The text of these should file six copies thereof with the consistent with the maintenance of fair statements may be examined at the Secretary, Securities and Exchange and orderly markets and the protection places specified in item V below. PTC Commission, 450 Fifth Street, NW., of invasions has prepared summaries; set forth in Washington, DC 20549. Copies of the sections (A)* (B), and (C) below, of the submission, all subsequent amendments, For the Commission, by the Division of most significant aspects of such all written statements with respect to Market Regulation, pursuant to delegated statements. authority. the proposed rule change that are filed (A) Self-Regulatory Organization’s with the Commission, and all written Jonathan G. Katz, communications relating to the proposed Secretary. Statement o f the Purpose of, and Statutory Basis for, the Proposed Rule rule change between the Commission [FR Doc. 91-14891 Filed 6-21-91; 8:45 ami Change and any persons, other than those that BILLING CODE 8QNHM-M may be withheld from the public in PTC has determined that the cost of accordance with the provisions of 5 financing principal and interest U.S,C. 552; will be available for [ Release Na 34-29311; File No. SR-PTC- advances can be adequately covered by inspection and copying in the 91-08] investing collected principal and interest Commission’s Public Reference Section, payments upon receipt; the purpose of 459 Fifth Street, NW., Washington, DC Self-Regulatory Organizations; the proposed rule change to reduce fees 20549. Copies of such filing will also be Participants Trust Company; Filing and and costs to participants. available for inspection and copying at Order Granting Accelerated Approval The basis for this proposed rule the principal office of PTC. All of Proposed Rule Change Relating to change under the Act is the requirement submissions should refer to File No. SR- Elimination of Prorated Charges to under section 17A(b)(3){D) that tire rules PTC-91-08 and should be submitted by Participants for Principal and interest of a clearing agency provide for the July 15,1991. Advances equitable allocation of reasonable dues* fees and other charges among its VI. Discussion June 14,1991. participants. Section 17A(b)(3)(D) of the A ct3 I. Introduction (B} Self-Regulatory Organization 's requires that the rules of a clearing agency provide for the equitable On June 4,1991, the Participants Trust Statement on Burden on Competition PTC does not perceive that the allocation of reasonable dues, fees and Company f ’PTC’J filed a proposed rule otheF charges among its participants.4 change (File No. SR-PTC-9I-08J1 with proposed rule change imposes any burden on competition. The proposal would eliminate the pro the Securities and Exchange rata charge to participants for the Commission (“Commission’J pursuant (C) Self-Regulatory Organization's borrowing cost relating to P&I advances* to section 19(b)(1) of the Securities Statement on Comments on the As discussed below, the Commission Exchange Act of 1934 ("Act"),2 The Proposed Rule Change Received from believes that the proposaHs consistent Commission is publishing this notice to Members, Participants, or Others with the Act and in particular section solicit comments from interested 17A(bJ(3)(D). persons* As discussed below* this order PTC has not solicited, and does not also approves the proposal on an intend to solicit* comments on this Because of delays in collecting P&I accelerated basis* proposed rule change. PTC has not and the lack of historical data received any unsolicited written concerning borrowing cost and interest comments from members or other income from investing P&I, PTC has 1 The proposed rule change was Hied originally on October 23,1990 (Fife No. SR-PTC-90-07J and interested parties. was approved temporarily through April 15,1991. IV. Date of Effectiveness of the *15 U.S.C. 78q—1(b)(3)(D). See Securities Exchange Act Release No. 28789 4 This proposal is not intended to have any effect (January 16,1991). 56 FR 2787. On April 4.1881* the Proposed Rule Change and Tuning foe on the Commission's directive In PTCs temporary Proposed rule change was refiled (File No. SR-PTC- Commission Action registration order that requires PTC to modify its 91-05) and approved temporarily through {toe 14, P&I collection and payment procedures to allow for 1991. See Securities Exchange Act Release No. PTC has requested accelerated voluntary instead of mandatory advances of P&I. 29073 (April 12,1991), 56 16145. effectiveness. PTC believes that there is See Securities Exchange Act Release No. 26671 215 U.S.C. 78s{b)(l). good cause to approve the proposal (March 2 a 1989). 54 FR 13286. 28784 Fedéiàl Registèr / Vol.) 56, ¡NôMÆi /^M onday; Jtiíie 24,1991 '/ Nôticfeà charged participants who receive P&I interest earned from P&I receipts and For the Commission, by the Division of advances pro rata for PTC’s external the cost of financing P&I advances and Market Regulation, pursuant to delegated borrowing costs, while at the same time report to its Board of Directors authority. earning interest income by investing P&I (“Board”) the amount of gross income Margaret H. McFarland, received prior to Distribution Date (the earned on P&I payments invested, the Deputy Secretary. day after payment date). In effect, prior cost of borrowing to meet P&I advances, [FR Doc. 91-14889 Filed 6-21-91; 8:45 am] to the current temporary approval of this and the net income earned from proposal, PTC was duplicating revenue investing P&I receipts after offsetting the BILLING CO D E 8010-01-M associated with its P&I payment service cost of borrowing for P&I advances on a by not offsetting borrowing costs with monthly basis. PTC’s management also earned interest income. Due to PTC’s has agreed to seek a policy statement efforts to encourage paying agents to Self-Regulatory Organizations; from the Board within six months of the Applications for Unlisted Trading make P&I payments available to PTC by release of this order addressing the use payment date, PTC now believes that Privileges and of Opportunity for of excess earnings from invested P&I income from investing P&I received prior Hearing; Philadelphia Stock Exchange, to Distribution Date is more than receipts.7 Incorporated The Commission believes that there is sufficient to satisfy anticipated June 18,1991. borrowing cost. Thus, the proposal good cause for approving the proposal eliminates this inefficiency by applying prior to the thirtieth day after The above named national securities P&I interest income towards the cost of publication in the Federal Register. The exchange has filed applications with the financing P&I and eliminating the Commission has noticed for comment in Securities and Exchange Commission existing pro rata charge to participants the Federal Register and approved, on a (“Commission”) pursuant to section for such cost. temporary basis though June 14,1991, 12(f)(1)(B) of the Securities Exchange Since PTC’s inception as a clearing two prior rule filings identical to the Act of 1934 and Rule 12f-l thereunder agency, the Commission has expressed present filing. No comments regarding for unlisted trading privileges in the concern that PTC retain sufficient funds the proposal were received.8 By following securities: and credit sources to adequately meet accelerating the effective date of this Sbarro Incorporated its payment obligations. The filing, PTC can continue to cover the Common Stock, $0.01 Par Value (File No. 7- Commission is particularly concerned cost of borrowing for P&I advances with 6995) about the possible effects of the interest earned on investing P&I Sen8ormatic Electronics Corporation proposal on operating income and credit receipts, instead of reverting back to its Common Stock, $.01 Par Value (File No. 7- sources in the event interest earned on previous policy of charging participants 6996) P&I receipts does not meet the cost of the cost of borrowing. Transatlantic Holdings, Inc. financing P&I advances. Because of this Common Stock, $1 Par Value (File No. 7- concern, the Commission requested that VII. Conclusion 6997) PTC monitor, on a monthly basis, the amount of funds borrowed for P&I For the reasons stated above, the These securities are listed and advances, the cost of financing P&I Commission finds that PTC’s proposal is registered on one or more other national advances, and the amount of interest consistent with Section 17A of the Act. securities exchange and are reported in earned on the investment of P&I The Commission also finds good cause the consolidated transaction reporting receipts.6 PTC’s consequent monitoring for approving the proposal prior to the system. of P&I receipts and disbursements thirtieth day after publication in the Interested persons are invited to disclosed that the income that the Federal Register.9 submit on or before July 10,1991, written income generated from investing P&I It is therefore ordered, pursuant to data, views and arguments concerning receipts exceeded the cost of financing section 19(b)(2) of the Act,10 that PTC’s the above-referenced application. for P&I advances by 2:1 on an proposed rule change (SR-PTC-91-08) Persons desiring to make written annualized basis.6 Additionally, during be, and hereby is, approved. comments should file three copies the period of January, 1991, through thereof with the Secretary of the March, 1991, the excess earnings from Securities and Exchange Commission, invested P&I receipts was over $2 1 Letter from Leopold S. Rassnick, Vice President 450 5th Street NW., Washington, DC million, substantially greater than the and General Counsel, PTC, to Ester Saverson, Jr., 20549. Following this opportunity for 2:1 ratio. Branch Chief, Division of Market Regulation, hearing, the Commission will approve Because of the substantial income Commission (May 23,1991). the application if it finds, based upon all derived from the investment of P&I * See supra note 1. the information available to it, that the receipts, the Commission is concerned 9 Pursuant to section 19(b)(4)(A) of the Act, 15 that PTC’s Board of Directors establish U.S.C. 78s(b)(4)(A), the Commission contacted the extensions of unlisted trading privileges policies concerning the use of P&I Federal Reserve Board of Governors ("Federal pursuant to such applications are investment proceeds and that PTC’s Reserve Board”), PTC’s appropriate regulatory consistent with the maintenance of fair agency, regarding the proposed rule change. Don and orderly markets and the protection accounting controls adequately track Vinnedge, Manager, Trust Activities Program, P&I investment income and the use of Federal Reserve Board, stated that the staff of the of investors. that income. Accordingly, PTC has Federal Reserve Board believes that the proposed For the Commission, b y the D iv is io n of agreed to identify and track separately rule change is consistent with the safeguarding of Market Regulation, pursuant to delegated securities and funds in the custody or control of a u t h o r it y . PTC or for which it ia responsible. Telephone * This request was made in the temporary Jonathan G. Katz, approval order for File No. SR-PTQ-91-05. See conversation between Don R. Vinnedge, Manager, supra note 1. Trust Activities Program, Federal Reserve Board, Secretary. - and Scott Wallner, Staff Attorney, Division of * Letter from Alison Hoffman, Assistant Counsel, [FR Doc. 91-14892 Filed 6-21-91; 8:45 am] PTC, to ScOtt Wallner, Staff Attorney, Division of Market Regulation, Commission (June 4,1991). Market Regulation, Commission (March 22,1991). 1015 U.S.C. 78s(b)(2). BILLING CO D E 8010-01-1* Foderal Register /; Vq1» QQ,:Nq.H2^ / jMortdayi, • JUne 04,1X99} t/i NotifceS 28785

[Rel. No. IC-18202; 612-7622] Assurance Society of the United States parent companies or companies (“Equitable”), a New York mutual life controlled by their parents companies. Equitable Life Funding Corporation; insurance company, or by a holding Application The rationale underlying the rule is company subsidiary of Equitable formed expressed in the SEC release in which June 17,1991. for the purpose of holding the stock of the rule was adopted.1 The release AGENCY: Securities and Exchange various Equitable subsidiaries. stated that a finance subsidiary of a Commission (“SEC”). Equitable, directly and through its non-investment company parent, subsidiaries, issues a variety of life a c tio n : Notice of application for through technically an investment exemption under the Investment insurance and investment products, companies itself, is essentially a conduit Company Act of 1940 (the “Act”). provides investment advisory services for its parent. Therefore, the release to individuals, businesses, and reasoned, if the parent can issue debt APPLICANT: Equitable Life Funding institutional investors, and manages its securities directly, there is no reason to Corporation. own portfolio of investments that impose the requirements of the Act on RELEVANT ACT s e c t i o n s : Order support its obligations. the subsidiary. requested under section 6(c) that would 2. Applicant was organized to engage 2. Rule 3a—5(b)(2)(i) defines “parent exempt applicant from all provisions of in financing activities to provide funds company” to be a corporation, the Act for use in the business operations of partnership or joint venture that, inter Equitable and its subsidiaries. Applicant SUMMARY OF APPLICATION: Applicant alia, is not considered an investment requests an order that would permit it to proposes to borrow funds through the company under section 3(a) or that is sell certain debt instruments and use the sale of debt securities in the United excepted or exempted by order from the proceeds to finance the business States and in overseas markets, and to definition of investment company by activities of its parent company, lend the proceeds to Equitable and section 3(b) or by the rules or Equitable Life Assurance Society of the Equitable’s direct and indirect regulations under section 3(a). Equitable subsidiaries. is not technically a "parent company” United States (“Equitable”), and certain 3. Due to the nature of the debt companies controlled by Equitable. markets, applicant may, from time to within the meaning of rule 3a—5(b)(2)(i) FILING DATE: The application was filed time, borrow amounts in excess of the because it meets the definition of on November 7,1990, and amended on amounts immediately required by investment company in section 3(a) of February 20,1991 and May 28,1991. Equitable and its subsidiaries. However, the Act and is excepted from such HEARING OR NOTIFICATION OF HEARING: at least 85% of the cash or cash definition by section 3(c)(3) of the Act. An order granting the application will be equivalents raised by applicant through 3. The release adopting rule 3a-5 issued unless the SEC orders a hearing. the sale of debt securities will be loaned stated that relief similar to that granted Interested persons may request a to Equitable or its subsidiaries as soon under rule 3a-5 may be appropriate for a hearing by writing to the SEC’s as practicable, but in no event later than finance subsidiary of a parent company Secretary and serving applicant with a six months after applicant’s receipt of that derives its non-investment company copy of the request, personally or by such cash or cash equivalents. Any cash status from section 3(c) of the Act. 'Hie mail. Hearing requests should be that is not loaned to Equitable or its release stated, however, that such received by the SEC by 5:30 p.m. on July subsidiaries will be invested in requests should be examined on a case 15,1991, and should be accompanied by government securities, securities of by case basis. According to the adopting proof of service on applicant, in the form Equitable or a company controlled by release, the concern was that a company of an affidavit or, for lawyers, a Equitable (or in the case of a partnership could be considered a non-investment certificate of service. Hearing requests or joint venture, the securities of the company for the purposes of the Act should state the nature of the writer’s partners or participants in the joint under section 3(c) of the Act and still be interest, the reason for the request, and venture), or debt securities which are engaged primarily investment company the issues contested. Persons may exempted from the provisions of the activities. To illustrate the concern, the request notification of a hearing by Securities Act of 1933 by section 3(a)(3) release pointed to section 3(c)(1) of the writing to the SEC’s Secretary. of that Act. Act, which provides an exemption from the Act for investment companies whose a d d r e s s e s : Secretary, SEC, 450 Fifth 4. Before applicant begins issuing debt Street, NW., Washington, DC 20549. securities, Equitable will enter into a shares are beneficially owned by not Applicant, 787 Seventh Avenue, New master guarantee agreement (the more than one hundred persons which is York, NY 10019. “Guarantee Agreement”) with applicant not making and does not propose to make a public offering of its securities. FOR FURTHER INFORMATION CONTACT: under which Equitable will unconditionally guarantee the payment Applicant argues that such concerns do Nicholas D. Thomas, Staff Attorney, at not apply to Eiquitable because (202) 504-2263, or Jeremy N. Rubenstein, of principal, interest, and premium, if any, on debt securities issued by Equitable, unlike a section 3(c)(1) Branch Chief, at (2 0 2 ) 272-3023 (Division applicant. The Guaranty Agreement will investment company, does not engage of Investment Management, Office of primarily in investment company Investment Company Regulation). give each holder of debt securities issued by applicant a direct right of activities. Instead, Equitable is an supplementary information : The action against Equitable to enforce insurance company and is excluded following is a summary of the Equitable’s obligations under the from the definition of investment application. The complete application Guaranty Agreement without first company under section 3(c)(3) of the jnay be obtained for a fee at the SEC’s proceeding against applicant. Act. Public Reference Branch. Applicant’s Legal Analysis 4. Rule 3a—5(b)(3)(i) defines a Applicant’s Representations ‘‘company controlled by the parent 1. Rule 3a-5 under the Act provides ancompany” to be a corporation, 1- Applicant was incorporated in exemption from the definition of partnership or joint venture that, inter Delaware in November of 1990. All of investment company for certain applicant’s outstanding shares are companies organized primarily to 1 Investment Company Act Release No. 14275 owned either by The Equitable Life finance the business operations of their (December 14,1984). 28786 Federal Register /

Enerop Corporation (70-7201) cumulative annual 7% dividend, and is amount of the notes which may be Enerop Corporation (‘‘Enerop”), 10 convertible by the stockholders to outstanding thereunder at any time from Lafayette Square, Buffalo, New York Metscan common stock on a 1:1 basis, $1,000,000 to $1,250,000; (b) extend the 14203, a wholly owned subsidiary of through July of 1995. Enerop now owns time during which notes may be National Fuel Gas Company 9.4% of Metscan’s common stock and outstanding thereunder to June 30,1991; (“National”), a registered holding 7.1% of Metscan’s preferred stock, or and (c) reduce the rate of interest company, has filed a post-effective 7.9% of such common stock if the payable on any notes outstanding to 3% amendment under sections 9(a) and 10 preferred stock is converted into from 5% over the Prime Rate, as defined of the Act to the application-declaration common stock, and if all warrants and therein. In addition, Chino and which was filed under sections 6(a), 7, other rights are exercised. Camarillo were authorized to arrange 9(a), 10 and 12(b) of the Act and rule 45. Enerop now proposes to purchase for the issuance of letters of credit By orders dated May 1,1988, and 17,000 additional shares of Metscan (“LOCs”) by GECC in favor of Southern March 18,1988 (HCAR Nos. 24081 and preferred stock for $68,000 ($4 per California Gas Company as security for 24604, respectively), the Commission share). Once the proposed acquisition their respective obligations to pay for authorized, in relevant part: (1) National has been consummated, Enerop will natural gas supplied to their Facilities. to loan $200,000 to Metscan, Inc. own 9.8% of Metscan’s preferred stock GECC has issued LOCs in the amount of (“Metscan”), a New York corporation and 9.4% of Metscan’s common stock, or $800,000 for Camarillo and $700,000 for that has developed an electronic meter about 8.2% of the actual and potential Chino, and the maximum amounts of reading system (“Metscan System”), and equity investment in Metscan. Enerop’s borrowings which Chino and Camarillo to receive an option to convert the note total investment in Metscan will then may make under their Credit (“Note”) evidencing the loan into 80,000 total $1,226,000. Agreements have been reduced by the shares of Metscan’s preferred stock, at a OLS Energy-Chino, et al. (70-7725) respective face amount of the LOCs. price of $2.50 per share; (2) National to OLS Energy-Chino (“Chino”), OLS Camarillo, Chino and Berkeley now assign the Note and option from Energy-Berkeley (“Berkeley”) and OLS seek authorization to borrow under their Metscan to Enerop; (3) National to Energy-Camarillo (“Camarillo”), all respective Credit Agreements to provide Enerop $442,500 as a located at One Gatehall Drive, 3rd Floor, December 31,1991. In addition, Chino contribution to capital, which funds Parsippany, New Jersey 07054, indirect and Camarillo propose that their Enerop was authorized to invest, subsidiary companies of General Public respective LOCs be outstanding to together with third parties, in Metscan Utilities Corporation (“GPU”), a December 31,1991. All borrowings and Technology Partners (“Partnership”), a registered holding company, have filed a LOC arrangements will not exceed the New York partnership formed by post-effective amendment to their aggregate principal amount under each Metscan, after which Enerop would own declaration under sections 6(a) and 7 of Credit Agreement of $1.25 million. approximately 9.96% of the Partnership; the Act. The Lessees would use the proceeds and (4) the Partnership and Metscan to By orders dated May 10,1989 and from such borrowings for working be reorganized as a corporation before August 1,1989 (HCAR Nos. 24885 and capital and general corporate purposes the end of 1989, and Enerop to acquire 24931, respectively), the Commission, or, in the case of Chino and Camarillo, approximately 7.23% of the common among other things, authorized Energy to repay GECC any amounts paid by stock of the new corporation. Initiatives, Incorporated, a wholly GECC under the LOCs. The March 18,1988 order contained a owned indirect subsidiary company of The Southern Company, et al. (76-7846) reservation of jurisdiction over this GPU, to acquire through a newly formed, reorganization which was released by wholly owned subsidiary, Camchino The Southern Company (“Southern"), order dated April 27,1989 (HCAR No. Energy Corporation, general and limited 64 Perimeter Center East, Atlanta, 24874). The reorganization occurred on partnership interests, aggregating a 50% Georgia 30346, a registered holding May 17,1989, and the new corporation interest, in OLS Power Limited company, and Southern Nuclear was called Metscan Acquisition Partnership ("Partnership”). The Operating Company, Inc. Corporation (“MAC”). Pursuant to the Partnership was authorized to acquire, (“SONOPCO”), 40 Inverness Center reorganization, the Note and Enerop’s directly or indirectly, all of the Parkway, Birmingham, Alabama 35204, Partnership interest attributable to the outstanding common stock of Chino, its wholly owned subsidiary company, $442,500 investment were converted into Berkeley and Camarillo. have filed an application-declaration 80,000 shares and 177,00 shares of MAC Each of Chino, Berkeley and under section 6(a), .7, 9(a), 10 and 12(b) common stock, respectively, at a Camarillo is the lessee (collectively, of the Act and rule 45 thereunder. conversion rate of $2.50 per share. MAC “Lessees”) of a qualifying cogeneration SONOPCO proposes through March subsequently changed its name to facility (“Facility") located in California. 31,1993 to borrow from Southern or Metscan, Inc., and the 257,000 shares Prior to the acquisition, each of the lenders other than Southern in an that Enerop then owned represented Lessees had entered into a revolving aggregate principal amount not to 6.0% of the total shares of Metscan credit agreement (“Credit Agreement”) exceed $10 million (such $10 million common stock outstanding, and 5.1% of with General Electric Capital includes the $5 million currently that total if shares subject to Corporation (“GECC”), the owner of the outstanding in open account advances outstanding warrants and employees’ Facilities, to provide for the short-term from Southern previously authorized by options were included. working capital requirements of its order dated December 14,1990 (HCAR By order dated September 7,1990 Facility. No. 25212) (“December 1990 Order’’)). (HCAR No. 25143), the Commission By orders dated February 9,1990 and Borrowings from Southern will accrue authorized Enerop to acquire an December 28,1990 (HCAR Nos. 25038 interest at a rate not to exceed the prime additional 143,000 shares of Metscan and 25230, respectively), the rate in effect at a bank to be designated common stock for $357,500 ($2.50 per Commission authorized Chino, Berkeley by Southern. Loans obtained from share), and 39,500 shares of Metscan and Camarillo to enter into amendments lenders other than Southern will have preferred stock for $158,000 ($4 per to their Credit Agreements to, among maturities not to exceed 10 years and share). The preferred stock pays a other things: (a) Increase the aggregate will accrue interest at a rate not to 28788 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Notices exceed the prime rate plus 2% for 23,1984), NEP was authorized to issue including January 1,1998. Hie last $4 variable rate loans and die prime rate at short-term unsecured indebtedness in million installment would be paid at the time of borrowing plus 3% for fixed excess of the 10% limitation thereon, maturity on January 1,1999. In addition, rate loans. Such loans may be secured provided that all unsecured the Note Agreement requires VNG to or unsecured and may be guaranteed by indebtedness not exceed 20% of the sum provide to the Association copies of its Southern. of the principal amount of all financial statements accompanied by a Southern proposes through March 31, outstanding bonds and other secured report thereon of independent public 1993 to make up to $5 million in open indebtedness and the capital, premium, accountants. account advances to SONOPCO from and retained earnings of NEP and that Consolidated proposes to enter into a time to time which, at the option of any such unsecured indebtedness in guarantee agreement (“Guarantee”) with Southern, may be converted into capital excess of the 10% limitation be issued the Association pursuant to which contributions or additional shares of not later than November 1,1991, and Consolidated would absolutely and common stock of SONOPCO. Such mature not later than November 1,1992. unconditionally guarantee all of YNG’s advances would be in addition to the $5 NEP now proposes to seek the obligations under the Note Agreement in million currently outstanding under the affirmative vote of the holders of a accordance with the terms thereof. In December 1990 Order. To the extent any majority of NEFs cumulative Preferred consolidation of the Guarantee, the such advances are converted to equity, Stock, authorizing the continued Association would release VNG from the borrowing authority sought herein issuance by NEP of short-term having to provide reports of independent shall be reduced by the amount of the unsecured indebtedness in excess of the public accountants on its financial advances so converted, so that the total 10% limitation, provided (i) that any statements otherwise required by the capitalization of SONOPCO does not such excess indebtedness be issued not Note Agreement It is stated that the exceed $11 million (including its present later than November 1,1998, (ii) such waiver of such requirement would result $1 million common equity) without excess indebtedness shall have a in an estimated savings to VNG of further authorization from the maturity not later than November 1, approximately $50,000 per year. Commission. The rate of return on 1999 and (iii) the 20% limitation on all SONOPCO’s common equity capital will unsecured indebtedness of NEP shall For the Commission, by the Division of remain in effect. Investment Management pursuant to not exceed the average of the most delegated authority. recent rates of return allowed by the The continuation of the previously Alabama Public Service Commission granted authorization requires the Margaret H. McFarland, and the Georgia Public Service favorable vote, at a meeting called for Deputy Secretary. Commission. that purpose, of a majority of the [FR Doc. 91-14894 Filed 6-21-91; »45 am) Cumulative Preferred Stock of all series BILLING CODE 8010-01-M New England Power Company (79-7863) now outstanding, voting as a single New England Power Company class. The Board of Directors intends to (“NEP”), 25 Research Drive, submit die proposal to the Cumulative DEPARTMENT OF TRANSPORTATION Wes thorough, Massachusetts, a Preferred Stockholders for approval, and subsidiary of New England Electric to solicit proxies to obtain the required Aviation Proceedings; Agreements System, a registered holding company, vote. filed during the Week Ended June 14» has hied a declaration under sections 1991 6(a)(2), 7(e), and 12(e) of the Act and Consolidated Natural Gas Co. (79-7864) rules 62 and 65 thereunder. Consolidated Natural Gas Co. The following Agreements were filed The preference provisions of NEFs ("consolidated”), CNG Tower, 625 with the Department of Transportation Dividend Series Preferred Stock and Liberty Avenue, Pittsburgh, under the provisions of 49 U.S.C. 412 Preferred Stock—Cumulative Pennsylvania 15222-3199, a registered and 414. Answers may be filed within 21 (collectively, the 'Cumulative Preferred holding company, and Virginia Natural days of date of filing. Stock"), as set forth in NEFs Articles of Gas, Inc. (“VNG”)» 5100 East Virginia D ocket Number: 47583. Organization and By-Laws, provide that, Beach Boulevard, Norfolk, Virginia Date filed: June 10,1991. except as voted by the holders of a 23502-3488, its wholly owned gas public- Parties: Members of the International majority of the Cumulative Preferred utility subsidiary company, have tiled a Air Transport Association. Stock, the short-term unsecured declaration under section 12(b) of the Subject: TC12 Reso/C 0901 dated May indebtedness of NEP shall not exceed Act and rule 45 thereunder. 8,1991; Europe To USA/US Territories, 10% of the sum of (i) die principal In 1989, prior to its acquisition by amount of all outstanding bonds and Consolidated, authorized by order dated R -l To R-7. other secured indebtedness and (ii) the February 14,1990 (HCAR No. 25040), Proposed Effective Date: October 1, capital, premium, and retained earnings VNG issued $20 million principal 1991. of NEP, and that all unsecured amount of 9.94% senior notes, series Docket Number: 47584 indebtedness of NEP shaB not exceed A, due January 1,1999 (“Notes”) to Date filed: June 10,1991. 20% of such sum. As used in NEP’s the Aid Association of Lutherans Parties: Members of the International Articles of Organization and By-Laws, (“Association”) pursuant to a note Air Transport Association. short-term unsecured indebtedness purchase agreement dated January 1, Subject: TC23 Reso/C 0201 dated May means unsecured indebtedness having 1989 (“Note Agreement”). The Note 27,1991; TC23 Expedited (Except To/ an original maturity of less than ten Agreement provides that interest on From US Territories), R-l To R-3. years. In recent years, NEP's unsecured the unpaid principal is payable semi­ Proposed Effective Date: August 1, indebtedness has been all short-term. annually on the first day of January and 1991. By a majority vote of the holders of July of each year, commencing on July 1, the Cumulative Preferred Stock during a 1989. The Note Agreement requires VNG Docket Number: 47585 special meeting of stockholders held on to prepay $4 million principal amount of D ate file d June 10,1991. December 6,1984, and by order of the the Notes on January 1,1995, and on Parties: Members o f the International Commission (HCAR No. 23460, October each January 1 thereafter to and Air Transport Association. Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Notices 28789

Su b ject TC23 Reso/C 0220 dated May 0071/TC123 Meet/C0007 dated May 27, Proposed Effective Date: July 1,1991. 27,1991; TC23 Expedited (To/From US 1991—Minutes; TC123 Rates 0013 dated Phyllis T. Kaylor, Territories), R-l; intended effective May 27,1991—Rates Tables. Chief Documentary Services Division. date: August 1,1991; TC23 Reso/C0203 Proposed Effective Date: October 1, [FR Doc. 91-14905 Filed 6-21-91; 8:45 am) dated May 27,1991; TC23 (To/From US 1991. BILLING CODE 4910-62-M Territories); intended effective date: D ocket Number: 47591. October 1,1991. Date filed: June 10,1991. Docket Number: 47586 Parties: Members of the International [Docket 37554] Date filed: June 10,1991. Air Transport Association. Parties: Members of the International S u b ject TC3 Reso/C 0070 dated May Order Adjusting the Standard Foreign Air Transport Association. 21,1991; TC3 (To/From US Territories), Fare Level Index Su b ject TC12 Resp/C 0894 dated May R-l To R-4; TC3 Meet/C 0021 dated 1,1991; North Atlantic Areawide The International Air Transportation May 27,1991—Minutes; TC3 Rates 0077 Competition Act (IATCA), Public Law (Except USA), R-l to R-2; TC12 Reso/C dated May 16,1991—Rates Tables. 0890 dated May 1,1991; Canada-Africa 96-192, requires that the Department, as Proposed Effective Date: October 1, successor to the Civil Aeronautics Reso, R-3 To R-0; TC12 Rates 0468 1991. dated May 22,1991—Tables; TC12 Board, establish a Standard Foreign Reso/C 0900 dated May 1,1991; Canada- D ocket Number: 47592. Fare Level (SFFL) by adjusting the SFFL Africa Resos, R-7 To R-12; TC12 Rate Date filed: June 10,1991. base periodically by percentage changes 0470 dated May 22,1991—Tables. Parties: Members of the International in actual operating costs per available Proposed Effective Date: October 1, Air Transport Association. seat-mile (ASM). Order 80-2-69 1991. Subject: TC31 Reso /P dated May 27, established the first interim SFFL, and Docket Nuipber: 47587 1991; Expedited North America- Order 91-4-27 established the currently Date filed: June 10,1991. Southwest Pacific; (To/From US effective two-month SFFL applicable Parties: Members of the International Territories) Reso 002d, R-l; intended through May 31,1991. Air Transport Association. effective date: July 1.1991; TC31 Reso/P In establishing the SFFL for the two- S u b ject TC31 Reso/C 0219 dated 0873 dated May 29,1991; Expedited month period beginning June 1,1991, we April 22,1991; South Pacific (To/From South Pacific (To/From US Territories); have projected non-fuel costs based on USA/US Terr.). R- To R-4; TC31 Rates R-2 to R-5; intended effective date: the year ended December 31,1990 data, 0146 Dated May 15,1991—Rates Tables; August 1,1991. and have determined fuel prices on the TC31 Reso/C 0221 dated April 22,1991; Docket Number: 47594. basis of the latest available experienced Japan-USA/US Terr., R-5 To R-9; TC31 Date filed: June 10,1991. monthly fuel cost levels as reported to Reso/C 0223 dated April 22,1991; Korea- Parties: Members of the International the Department. USA/US Terr., R-10 To R-21; TC31 Air Transport Association. These projections reflect sizeable Rates 0144 dated May 3,1991—Rates Subject: TC31 Reso/C 0218 dated decreases in fuel prices. Tables; TC31 Reso/C 0224 dated April April 22,1991; South Pacific (Except To/ By Order 91-6-17 fares may be 22,1991; Southeast Asia-USA/US Terr., From USA/US Terr.), R-l to R-4; TC31 increased by the following adjustment R-22. Rates 0147 dated May 15,1991—Rates factors over the October 1979 level: Proposed Effective Date: October 1, Tables; TC31 Reso/C 0220 dated April Atlantic—1.4503 1991. 22,1991; Japan-TCl (Except USA/US Latin America—1.4051 Docket Number: 47588 Terr.), R-5 To R-9; TC31 Rates) 143 Pacific—1.8868 Date filed: June 10,1991. dated May 3,1391—Rates Tables; TC31 Canada—1.3809 Parties: Members of the International Reso/C 0222 dated April 22,1991; SE For further information contact: Keith Air Transport Association. Asia/Korea—(Except USA/US Terr.), A. Shangraw (202) 366-2439. S u b ject TC3 Reso/C 0071 dated May R-10 To R-17. Dated: June 17,1991. 21,1991; TC3 (Except To/From US Proposed Effective Date: October 1, Territories). R-l To R-13; TC3 Rates By the Department of Transportation. 1991. Jeffrey N. Shane, 0078 dated May 18,1991—Rates Tables. Docket Number: 47598. Proposed Effective Date: October 1, Assistant Secretary for Policy and 1991. Date filed: June 13,1991. International A ffairs. Parties: Members of the International Docket Number: 47589 (FR Doc. 91-14907 Filed 6-21-91; 8:45 am) Air Transport Association. BILLING CODE 4S10-62-HI Date filed: June 10,1991. S u b ject Mail Vote 500 (Within Parties: Members of the International Africa). Air Transport Association. Proposed Effective Date: July 1,1991. Subject TC123 Reso/C0025 dated Applications for Certificates of Public April 22.1991; TCl-South Asian Docket Number: 47599. Convenience and Necessity and Subcontinent Via The Atlantic; (Except Date filed: June 13,1991. Foreign Air Carrier Permits Filed Under To/From US Terriroties), R-l To R-6. Parties: Members of the International Subpart Q during the Week Ended Proposed Effective Date: October 1, Air Transport Association. June 14,1991 1891. S u b ject Mail Vote 499 (Diplomatic The following applications for Docket Number: 47590 bags). certificates of public convenience and Date filed: June 10,1991. Proposed Effective Date: July 1,1991. necessity and foreign air carrier permits Parties: Members of the International Docket Number: 47600. were filed under Subpart Q of the Air Transport Association. Date filed: June 13,1991. Department of Transportation’s Subject TC123 Reso/C 0026 dated Parties: Members of the International Procedural Regulations (See 14 CFR April 22,1991; TCl-South Asian Air Transport Association. 302.1701 et seq.). The due date for Subcontinent Via The Atlantic; (To/ S u b ject Mail Vote 497 (Fare answers, conforming application, or From US Territories); TC31 Meet/C Reduction from Italy). motion to modify scope are set forth 28790 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Notices

below for each application. Following Federal Aviation Administration public may present a written statement the answer period DOT may process the to the Committee at any time. application by expedited procedures. Air Traffic Procedures Advisory Issued in Washington, DG, on June 17,1991. Such procedures may consist of the Committee: Meetings Theodore H. Davies, adoption of a show-cause order, a Executive Director, Air Traffic Procedures a g e n c y : Federal Aviation tentative order, or in appropriate cases a Administration (FAA), DOT. Advisory Committee. final order without further proceedings. [FR Doc. 91-14925 Filed 6-21-01; 8:45 am] a c t i o n : Notice of Air Traffic Procedures Docket Number: 47595. Advisory Committee meeting. BILUNG CODE 4910-13-M Date filed: June 10,1991. Due Date for Answers, Conforming s u m m a r y : The FAA is issuing this Applications, or Motion to Modify notice to advise the public that a National Highway Traffic Safety Scope: July 8,1991. meeting of the Federal Aviation Administration Description: Application of Ground Administration Air Traffic Procedures Air Transfer, Inc., pursuant to section Advisory Committee (ATPAC) will be [Docket 91-05-IP-No. 2] 401 of the Act and Subpart Q of the held to review present air traffic control General Motors Corporation; Denial of Regulations, applies for a determination procedures and practices for standardization, clarification, and Petition for Determination of of fitness to provide, on a code-sharing Inconsequential Noncompliance basis, interstate and overseas upgrading of terminology and transportation of persons, property, and procedures. This notice denies the petition by mail. d a t e s : The meeting will be held from General Motors Corporation of Warren, Docket Number: 44992. July 22, at 8 a.m., through July 25,1991, Michigan, to be exempted from the Date filed: June 10,1991. at 4:30 p.m. notification and remedy requirements of Due Date for Answers, Conforming a d d r e s s e s : The meeting will be held at the National Traffic and Motor Vehicle Applications, or Motion to Modify the Experimental Aircraft Association Safety Act (15 U.S.C. 1381 et seq.) for Scope: July 8,1991. Aviation Center, 3000 Poberezny Road, apparent noncompliances with 49 CFR Description: Application of Compania Oshkosh, WI. 571.101, Federal Motor Vehicle Safety de Aviacion “Faucett,” S.A., pursuant to FOR FURTHER INFORMATION CONTACT: Standard No. 101, “Controls and section 402 of the Act and Subpart Q of Mr. Theodore H. Davies, Executive Displays,” and with 49 CFR 571.105, the Regulations, applies for renewal of Director, ATPAC, Air Traffic Rules and Federal Motor Vehicle Safety Standard its foreign air carrier permit between the Procedures Service, 800 Independence No. 105, “Hydraulic Brake Systems.” United States and Peru. Avenue, SW., Washington, DC 20591, The company had petitioned for a Docket Number: 44689. telephone (202) 267-3725. determination that these supplementary information : Pursuant Date filed: June 11,1991. noncompliances were inconsequential to section 10(a)(2) of the Federal as they relate to motor vehicle safety. Due Date for Answers, Conforming Advisory Committee Act (Pub. L. 92-463; Applications, or Motion to Modify Notice of receipt of the petition was 5 U.S.C. app. 1), notice is hereby given of published on February 4,1991, and an Scope: July 9,1991. a meeting of the ATPAC to be held from Description: Application of Aeroperu, opportunity afforded to comment (56 FR July 22, at 8 a.m., through July 25,1991, 4315). pursuant to section 402 of the Act and at 4:30 p.m., at the Experimental Aircraft Subpart Q of the Regulations, applies for Paragraph S5.3.1(d) of Standard No. Association Aviation Center, 3000 105 specifies that an indicator lamp renewal of its foreign air carrier permit, Poberezny Road, Oshkosh, WI. The to engage in scheduled foreign air shall be activated when the ignition agenda for this meeting is as follows: A (start) switch is in the “on” (run) transportation of persons, property, and continuation of the Committee’s review mail between the United States and position and whenever there is of present air traffic control procedures application of the parking brake. Peru. and practices for standardization, Docket Number: 44944. Paragraph S5.3.3 requires that the brake clarification, and upgrading of indicator lamp shall remain activated as Date filed: June 11,1991. terminology and procedures. It will also long as the parking brake is applied and Due Date for Answers, Conforming include: the ignition (start) switch is in the “on" Applications, or Motion to Modify 1. Approval of minutes. position. Scope: July 9,1991. 2. Discussion of agenda items. Paragraph S5.3.4(a) of Standard No. Description: Application of Aeronaves 3. Discussion of urgent priority items. 101 specifies that means be provided Del Peru, pursuant to section 402 of the 4. Report from Executive Director. which are capable of making telltales Act and Subpart Q of the Regulations, 5. Old Business. and their identification visible to the applies for renewal of its foreign air 6. New Business. driver under all driving conditions. carrier permit for an additional 7. Discussion and agreement of location Paragraph S5.4(b) states that telltales indefinite period authorizing it to engage and dates for subsequent meetings. shall be displayed at the initiation of in scheduled foreign air transportation Attendance is open to the interested any underlying condition. “Telltales” of property and mail twice weekly public but limited to the space available. means a display that indicates the between Lima, Peru; via the With the approval of the Chairperson, actuation of a device, a correct or intermediate points Panama City, members of the public may present oral defective functioning or condition, or a Panama; Guayaquil, Ecuador (blind statements at the meeting. Persons failure to function. sector); Bogata and Cali, Colombia desiring to attend and persons desiring GM produced 14,400 Buick Rivieras (blind sectors); and the terminal point to present oral statements should notify and 4,200 Reattas of the 1990 model year Miami, Flordia. the person listed above not later than which do not comply with the Phyllis T. Kaylor, July 19,1991. The next quarterly meeting requirements of Standard No. 105 and Chief, Documentary Services Division. of the FAA ATPAC is planned to be Standard No. 101 mentioned above. The [FR Doc. 91-14906 Filed 6-21-91; 8:45 am] held from October 21-24,1991, in indicator lamp in these vehicles is not BILLING CODE «910-62-M Washington, DC. Any member of the activated when the ignition is “on” and Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Notices 28791

the transmission is in ‘‘Park” or petition. Robert F. Schlegel, Jr., a additional time. In NHTSA’s view, this "Neutral.” GM supported its petition professional engineer, supported GM, is a speculative argument, and the with the following arguments: and J.P. Nenries, Captain, Virginia State agency offers one of its own and that “First, the brake indicator light is Police, opposed the Petitioner. offered by Capt. Henries: that a driver displayed as soon as the vehicle is Mr. Schlegel believes the petition not seeing the indicator light illuminate capable of being driven, i.e., as soon as should be granted, principally because after pumping the pedal only once, the transmission lever is shifted into the key interlock prevents the would believe that the indicator lamp reverse or any forward gear. This should transmission from being in any position had failed, and respond in an have the effect of informing drivers if other than PARK when the key is inappropriate and unsafe mariner. (S)he the parking brake has not been fully removed (GM’s final argument), and might not pump the pedal again, released before they proceed. If the recommended that the petitioner resulting in an insufficient application of parking brake has been firmly applied compare the actual operation of the the parking brake. Or, (s)he might drivers will also experience obvious parking brake telltale with die release the brake entirely, to forestall drag in both drive and reverse when description in the owner’s manual, and attempting to move the vehicle. provide corrective pages if required. the possibility of brake damage by “Second, the vehicles are equipped Captain Henries would deny the petidon inadvertently operating the vehicle with with ‘pump-to-set’ foot pedal parking on the basis that the brake system the parking brake engaged. brake systems. ‘Pump-to-set’ systems checks of Standard No, 105 are in the The third argument advanced by GM are applied with several strokes, i.e., full proper sequence to allow the driver’s is that it has reviewed its files and has application of the park brake system is examination of the instrument panel found no owner complaints regarding achieved with approximately two and upon activation of the ignition, and parking brake telltale operation. The one half full strokes of the pedal. If the before his or her attention is diverted by agency notes that this is an argument brake indicator lamp does not light the task of actually operating the frequently made by inconsequentially when parking brake application has vehicle. "To allow other manners of petitioners, to which it has given little begun and after the transmission activation of brake system indicator weight. In the absence of an actual selector is placed in ‘PARK* or lamps would send ambiguous messages malfunction affecting the systems under ‘NEUTRAL’ drivers might be inclined to to drivers.” He also points out that which a vehicle operates, it is unlikely pump the pedal an additional time, failure to disengage the parking brake that the average owner will even be which would have the desirable effect of could result in a failure of the brake aware that the informational safety assuring that the brake is more fully set. system. check system of a vehicle is “Third, GM has reviewed its files and The agency has carefully reviewed the noncompliant. Nevertheless, the full had found no owner complaints arguments of the Petitioner, and the benefit of safety systems should be regarding parking brake telltale comments received in response to the operation on the subject Rivieras and notice. It has decided to deny the available to a vehicle owner. Reattas. petition. Finally, GM argued that the parking “Finally, all 1990 Buick Rivieras and GM’s first argument has two mechanism must be engaged before the Reattas are equipped with automatic components. The first component is that key can be removed, which commenter transmissions with parking mechanisms the activation of the brake indicator Schlegel found persuasive. GM further which must be engaged before the lamp with the transmission lever in a argued that if a driver does not fully set ignition key can be removed. The position other than PARK or NEUTRAL the parking brake, the strength of the vehicles also meet the requirements of will inform the driver if the parking parking mechanism is sufficient to hold FMVSS105, Section 5.2.2^, viz, that brake has not been fully released. the vehicle on a steep grade. Standard without the parking brake engaged, the Second,drivers will also experience No. 105 requires a vehicle to remain transmission parking mechanism will obvious drag in attempting to move the stationary on a 30 percent grade for 5 not disengage or fracture in a manner vehicle when the brake is wholly or minutes, in either direction, with both permitting vehicle movement in a partially engaged. The agency views the parking mechanism and parking prescribed barrier test. This these arguments as irrelevant The brake engaged. GM does not specify transmission parking mechanism safety issue is the indication of parking that the “steep grade’’ is one of 30 provides sufficient gradeability so that brake application, not its release. The percent, nor did it argue that it could even if drivers do not fully set the safety importance of parking brake meet the requirement using the parking parking brake, the parking mechanism is application is underscored by GM’s own pawl alone. Thus, NHTSA has found capable of holding the vehicles on a concern, as expressed in this warning in GM’s final argument unpersuasive. steep grade. vehicle operator manuals: “It can be In summary, GM believes that drivers dangerous to get out of your car if the For the foregoing reasons, it is hereby will be sufficiently alerted to release shift lever is not fully in “PARK” with found that petitioner has failed to meet their parking brake, despite the the parking brake firmly applied. Your its burden of persuasion that the noncompliance, by the activation of the car can roll.” Without the brake lamp noncompliances herein described are brake indicator lamp when the vehicle is indicator illuminating, a driver parking inconsequential, and its petition is shifted into gear and by apparent drag or exiting the vehicle will not be aware denied. when attempting to move the vehicle. as to whether the parking brake is Authority: 15 U.S.C. 1417; delegation of Failure of die lamp to activate while actually applied. In the nonconforming authority at 49 CFR 1.50 and 49 CFR 501.8. drivers are applying the parking brake Rivieras, even partial application of the Issued: June 18,1991. may prompt them to take additional parking brake won’t be indicated. precautions to assure the parking brake GM’s second argument is that if the Barry F e lrice , and transmission parking mechanism brake indicator lamp does not light, Associate Administrator for Rulemaking. are engaged.” drivers might be inclined to pump the [FR Doc. 91-14908 Filed 8-21-01; 8:45 am) Two comments were received on the pedal that sets the parking brake an BILLING CODE 4910-59-M 28792 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Notices

DEPARTMENT OF THE TREASURY First Commerce Savings Bank, FSB Supervision has duly appointed the L o w e ll, IN; A ppoin tm en t o f Resolution Trust Corporation as sole Office of Thrift Supervision Conservator Conservator for Springfield Federal Savings Association, Springfield, Dryades Savings and Loan Notice is hereby given that, pursuant Pennsylvania, on June 14,1991. Association, F.A., Appointment of to the authority contained in section 5 Dated: June 18,1991. Conservator (d)(2) (B) and (H) of the Home Owners’ Loan Act, the Office of Thrift By the Office of Thrift Supervision. Notice is hereby given that, pursuant Supervision has duly appointed the Nadine Y. Washington, to the authority contained in section 5 Resolution Trust Corporation as sole Corporate Secretary. (d)(2) (B) and (H) of the Home Owners’ Conservator for First Commerce Savings [FR Doc. 91-14969 Filed 6-21-91; 8:45 am] Bank, FSB, Lowell, Indiana, on June 14, Loan Act, the Office of Thrift BILLING CODE 6720-01-M Supervision has duly appointed the 1991. Resolution Trust Corporation as sole Dated: June 18,1991. Conservator for Dryades Savings and By the Office of Thrift Supervision. Replacement of Conservator with a Loan Association, F.A., New Orleans, Nadine Y. Washington, R e ce iv e r Louisiana, on June 7,1991. Corporate Secretary. Dated: June 18,1991. [FR Doc. 91-14988 Filed 6-21-91; 8:45 am] Notice is hereby given that, on June BILLING CODE 6720-01-M 14,1991 pursuant to the authority By the Office of Thrift Supervision. contained in subdivision (F) of section 5 Nadine Y. Washington, (d)(2) of the Home Owners’ Loan Act, Corporate Secretary. Springfield Federal Savings the Office of Thrift Supervision duly [FR Doc. 91-1496 Filed 6-21-91; 8:45 am] Association; Appointment of replaced the Resolution Trust BILLING CODE 6720-01-M Conservator Corporation as Conservator with the Notice is hereby given that, pursuant Resolution Trust Corporation as sole to the authority contained in section 5 Receiver for each of the following (d)(2) (B) and (H) of the Home Owners’ savings associations; Loan Act, the Office of Thrift

Name Location OTS No.

Atlanta, TX...... ••••• 8899 8712 3190 Slidell, LA...... ¿4...... 8620 El Paso, TX...... 8703 8946 6. Texas Commercial Savings Association...... Sulphur Springs, TX...... - .... «...... ,......

Dated: June 18,1991. First Commerce Bank, a Federal Supervision duly replaced the By the Office of Thrift Supervision. Savings Bank, Lowell, IN; Appointment Resolution Trust Corporation as Conservator for Guaranty Savings Bank, Nadine Y. Washington, of Receiver F.S.B., Fayetteville, North Carolina Coporate Secretary. Notice is hereby given that, pursuant (“Association”), with the Resolution [FR Doc. 91-14965 Filed 6-21-91; 8:45 am] to the authority contained in section Trust Corporation as sole Receiver for BILLING CODE 6720-01-M 5(d)(2)(A) of the Home Owners’ Loan the Association on June 14,1991. Act, the Office of Thrift Supervision has duly appointed the Resolution Trust Dated: June 18,1991. Dryades Savings and Loan Corporation as sole Receiver for First By the Office of Thrift Supervision Association; Appointment of Receiver Commerce Bank, A Federal Savings Nadine Y. Washington, Bank, Lowell, Indiana, on June 14,1991. Corporate Secretary. Notice is hereby given that, pursuant Dated: June 18,1991. . [FR Doc. 91-14966 Filed 6-21-91; 8:45 am] to the authority contained in section By the Office of Thrift Supervision. BILUNG CODE 6720-01-M 5(d)(2)(C) of the Home Owners’ Loan Nadine Y. Washington, Act, the Office of Thrift Supervision has duly appointed the Resolution Trust Corporate Secretary. Springfield Federal Savings and Loan Corporation as sole Receiver for [FR Doc. 91-14983 Filed 6-21-91; 8:45 am] Association; Appointment of Receiver Dryades Saving and Loan Association, BILLING CODE 6720-01-M New Orleans, Louisiana, OTS No. 1022, Notice is hereby given that, pursuant to the authority contained in section June 7,1991. 5(d)(2)(A) of the Home Owner’s Loan Dated: June 18,1991. Guaranty Savings Bank, F.S.B.; Act, the Office of Thrift Supervision By the Office of Thrift Supervision. Replacement of Conservator with a duly appointed the Resolution Trust Nadine Y. Washington, R e ce iv e r Corporation as sole Receiver for Springfield Federal Savings and Loan Corporate Secretary. Notice is hereby given that, pursuant to the authority contained in subdivision Association, Springfield, Pennsylvania [FR Doc. 91-14962 Filed 6-21-91; 8:45 am] (OTS No. 5516), on June 14,1991. BILUNG CODE 6720-01-M (F) of section 5(d)(2) of the Home Owner’s Loan Act, the Office of Thrift Dated: June 18,1991. Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Notices 28793

By the Office of Thrift Supervision that a meeting of the Special Medical public up to the seating capacity of the Nadine Y. Washington, Advisory Group will be held on July 11- rooms. Because this capacity is limited, Corporate Secretary. 12,1991, at the Ramada Renaissance it will be necessary for those wishing to [FR Doc. 91-14964 Filed 6-21-91; 8:45 am] Hotel, 999 9th Street, NW., Washington, attend to contact Lorri Fertal, Office of BILLING CODE 6720-01-M DC. The purpose of the Special Medical the Chief Medical Director, Department Advisory Group is to advise the of Veterans Affairs (phone 202/535- Secretary and Chief Medical Director 7603) prior to July 5,1991. DEPARTMENT OF VETERANS relative to the care and treatment of Dated: June 16,1991. ' AFFAIRS disabled veterans, and other matters By Direction of the Secretary: Special Medical Advisory Group; pertinent to the Department’s Veterans Meeting Health Administration. The session on Sylvia Chavez Long, July 11 will convene at 6 p.m. and the Committee Management Officer. The Department of Veterans Affairs session on July 12 will convene at 10 [FR Doc. 91-14935 Filed 6-21-91; 8:45 am] gives notice under Public Law 92-463 a.m. All sessions will be open to the BILLING CODE 8320-01-M 28794

Sunshine Act Meetings Federal Register Vol. 56, No. 121 Monday, June 24,1991

This section of the FEDERAL REGISTER Federal Deposit Insurance Corporation. By direction of the Board. contains notices of meetings published Hoyle L. Robinson, John C . Truesdale, under the “Government In the Sunshine Executive Secretary. Executive Secretary, National Labor Act" (Pub. L 94-409) 5 U.S.C. 552b(e){3). [FR Doc. 91-15032 Filed 6-20-91; 12:16 p.m.} Relations Board. BILLING CODE 6714-0-M [FR Doc. 91-15019 Filed 6-19-91; 8:45 amj U.S. CONSUMER PRODUCT SAFETY BILLING CODE 7445-01-M COMMISSION NATIONAL LABOR RELATIONS BOARD Changes to Previously Announced UNITED STATES POSTAL SERVICE BOARD t im e AND d a t e : 2:00 p.m., Thursday, June 27,1991. Meetings OF GOVERNORS “ FEDERAL REGISTER” CITATIONS OF Amendment to Meeting l o c a t i o n : Room 556, Westwood PREVIOUS ANNOUNCEMENTS: 56 FR 26851 “ FEDERAL REGISTER” CITATION OF Towers, 5401 Westbard Avenue, and 56 FR 27297. Bethesda, Maryland. PREVIOUS ANNOUNCEMENT: 56 FR 28224, PREVIOUSLY ANNOUNCED TIMES AND June 19,1991. STATUS: Closed to the Public. DATES OF MEETINGS: 9:30 a.m. Tuesday, PREVIOUSLY ANNOUNCED DATE OF MATTERS TO BE CONSIDERED: June 4,1991 and 10:30 a.m. Tuesday, MEETING: July 2,1991. Compliance Status Report. June 11,1991. c h a n g e : Add the following items to the The staff will brief the Commission on CHANGES IN THE MEETINGS: Add to the open meeting agenda: various compliance matters. reasons given for closing the meetings to public observation: 5 U.S.C. Section 7. Capital Investments. For a Recorded Message Containing the 552b(c)(10) (deliberations concern * * * b. Memphis, Tennessee, Southern Region Latest Agenda Information, Call (301) the Board’s participation in a civil Office and Services Centers. 492-5709. c. Baton Rouge, Louisiana, General Mail action). Facility. CONTACT PERSON FOR ADDITIONAL CONTACT PERSON FOR MORE d. Charleston, West Virginia, Mail INFORMATION: Sheldon D. Butts, Office INFORMATION: John C. Truesdale, Processing Annex. of the Secretary, 5401 Westbard Ave., Executive Secretary, National Labor Bethesda, Md. 20207 (301) 492-6800. Relations Board, Washington, D.C. CONTACT PERSON FOR MORE INFORMATION: David F. Harris, (202) 268- Dated: June 20,1991. 20570, Telephone (202) 254-9430. 4800. Sheldon D. Butts, Dated, Washington, D.C., June 19,1991. David F. Harris, Deputy Secretary. By direction of the Board. Secretary. [FR Doc. 91-15101 Filed 6-20-91: 3:07 p.m.] John C . Truesdale, [FR Doc. 91-15046 Filed 6-20-91; 12:16 pm] BILUNG CODE 6355-01-M Executive Secretary, National Labor BILUNG CODE 7710-12-M Relations Board. [FR Doc. 91-15020 Filed 6-19-91; 5:03 pm] RESOLUTION TRUST MEETING FEDERAL DEPOSIT INSURANCE BILUNG CODE 7445-01-M CORPORATION Notice of Agency Meeting Notice of a Matter To Be Added for NATIONAL LABOR RELATIONS BOARD Pursuant to the provisions of the Consideration at an Agency Meeting Notice of Meeting “Government in the Sunshine Act" (5 U.S.C. 552b), notice is hereby given that Pursuant to the provisions of the TIME AND DATE: 4:00 p.m., Monday, June "Government in the Sunshine Act” (5 17,1991. at 2:29 p.m. on Tuesday, June 18,1991, the Board of Directors of the Resolution U.S.C. 552b), notice is hereby given that PLACE: Board Conference Room, Sixth Trust Corporation met in closed session the following matter will be added to the Floor, 1717 Pennsylvania Avenue, N.W., to consider matters relating to (1) the agenda for consideration at the open Washington, D.C. 20570. resolution of failed thrift institutions, meeting of the Board of Directors of the STATUS: Closed to public observation and (2) the proposed contracting with Federal Deposit Insurance Corporation pursuant to 5 U.S.C. Section 552b(c) (2) the Small Business Administration for scheduled to be held at 2:00 p.m. on (internal personnel rules and practices developing an RTC legal information Tuesday, June 25,1991, in the Board (c)(6) (personal information where system. Room on the sixth floor of the FDIC disclosure would constitute a clearly In calling the meeting, the Board Building located at 550—17th Street, unwarranted invasion of personal determined, on motion of Director C.C. N.W., Washington, D.C.: privacy) and (c)(10) (deliberations Hope, Jr. (Appointive), seconded by Vice Memorandum re: Policy Statement on concern * * * the Board’s participation Chairman Andrew C. Hove, Jr., and Collaterized Letters of Credit and in a civil action.) concurred in by Chairman L. William Collaterized Put Obligations. m a t t e r s CONSIDERED: Discussion of Seidman, Jonathan L. Fiechter acting in personnel matter. the place and stead of Director T. Requests for further information CONTACT PERSON FOR MORE Timothy Ryan, Jr. (Director of the Office concerning the meeting may be directed information : John C. Truesdale, of Thrift Supervision), and Dean S. to Mr. Hoyle L. Robinson, Executive Executive Secretary, National Labor Marriott acting in the place and stead of Secretary of the Corporation, at (202) Relations Board, Washington, DC 20570, Director Robert L Clarke (Comptroller 898-6757. Telephone: (202) 254-9430. of the Currency) that Corporation Dated: June 19,1991. Dated, Washington, D.C.,______. business required its consideration of Federal Register / Vol. 56, No. 121 / Monday, June 24,1991 / Sunshine Act Meetings 28795

the matters on less than seven days’ subsections (c)(4), (c)(5), (c)(6), (c)(7)(A), Dated: June 19,1991. notice to the public; that no eariler (c)(7)(C), (c)(8), (c)(9)(A)(ii), (c)(9)(B) and Resolution Trust Corporation. notice of the meeting was practicable; (c)(10) of the "Government in the John M. Buckley Jr., that the public interest did not require Sunshine Act” (5 U.S.C. 552b). consideration of the matters in a The meeting was held in the Board Executive Secretary. meeting open to public observation; and Room of the Federal Deposit Insurance [FR Doc. 91-15040 Filed 6-20-91; 8:45 am) that the matters could be considered in Corporation Building located at 550— BILUNG CODE 6714-01-M a closed meeting by aut lority of 17th Street, NW., Washington, DC. 28796 Corrections Federal Register Voi. 56, N a 121 Monday, June 24, 1991

This section of the FEDERAL REGISTER b. In the same column, in § 302- paragraph, in the third line from the contains editorial corrections of previously 1.101(d), in the last line, “disability" was bottom, “NAPRM” should read published Presidential, Rule, Proposed misspelled. “ANPRM”. Rule, and Notice documents. These 2. On page 23074, in the second corrections are prepared by the Office of § 302-1.103 [Corrected] column, in the third full paragraph, in the Federal Register. Agency prepared 3. On page 15050, in the second the fifth line from the bottom, “an” corrections are issued as signed column, in § 302-1.103, in the fourth line, should read “and”. documents and appear in the appropriate “specified" was misspelled. document categories elsewhere in the BILUNG CODE 1505-01-D issue. § 302-1.105 [Corrected] 4. On page 15050, in the third column, DEPARTMENT OF HEALTH AND GENERAL SERVICES in § 302-1.105(a), in the fourth line from HUMAN SERVICES ADMINISTRATION the bottom, “where” was misspelled. BILLING CODE 1505-01-D Social Security Administration Federal Supply Service [Social Security Ruling SSR 91-3p]

41 CFR Part 302-1 DEPARTMENT OF HEALTH AND Title II: Determining Entitlement to HUMAN SERVICES Disability Benefits for Months Prior to [FTR Amendment 16] January 1991 for Widows, Widowers Food and Drug Administration RIN 3090-AD76 and Surviving Divorced Spouses Advisory Committees; Meetings C la im s Federal Travel Regulation; “Last Move Home" Benefits for Senior Executive Correction Correction Service Career Appointees Upon In notice document 91-11905 beginning In notice document 91-12145 beginning R etirem ent on page 23069 in the issue of Monday, on page 23589 in the issue of Wednesday, May 22,1991, make the Correction May 20,1991, make the following corrections: following corrections: In rule document 91-8711 beginning on On page 23071: 1. On page 23590, in the third column, page 15049 in the issue of Monday, April 1. In the first column, under Peripheral beginning with the sixth line from the 15,1991, make the following corrections: and Central ***, in the second bottom of the page, remove the phrase 1. On page 15049: paragraph, in the third line, insert “or step five (able to engage in past a. In the first column, in the relevant work)”. “public" after “unless”. 2. On page 23591, in the 2d column, in s u m m a r y :, in the last line, “retirement" 2. In the second column, under was misspelled. Fertility and Maternal ***, in the second the 25th line, insert “23,” after b. In the same column, under paragraph, in the third line, insert “October”. EFFECTIVE DATE:, in the third line, “public" after "unless”. BILLING CODE 1505-01-D “eligible" was misspelled. BILUNG CODE 1505-01-D c. In the 2d column, under D E PA R T M EN T O F T H E INTERIOR SUPPLEMENTARY INFORMATION:, in the 2d paragraph, in the 14th line, “awithin" DEPARTMENT OF HEALTH AND Bureau of Land Management should read “within"; and in the 21st HUMAN SERVICES line, “under" was misspelled. [UT-942-4214-11; UTU 9850, et al.] d. In the same column, in the third Food and Drug Administration Proposed Continuation of paragraph, in the third line, “individual” [Docket No. 91N-0162] should read “individuals”. Withdrawals; Utah e. In the third column, in the first full FDA Report of Consumer Research on Correction paragraph, in the sixth line from the Alternative Nutrition Label Formats; In notice document 91-12352 beginning bottom, “are” should read “and”; and in Availability on page 23933 in the issue of Friday, the fifth line from the bottom, “or” Correction May 24,1991, make the following should read “of*. In notice document 91-11845 beginning correction: §302-1.101 [Corrected! On page 23934, in the second column, on page 23072 in the issue of Monday, under Hammond Canyon 2. On page 15050: May 20,1991, make the following Archaeological and Scenic area, in Sec. a. corrections: In the second column, in § 302- 25, “W W should read “WV2 ”. 1.101(b)(3), in the second line from the 1. On page 23072, in the second bottom, “subchapter" was misspelled. column, under Background, in the first BILLING CODE 1505-01-D M onday Ju n e 24, 1991

Part II

Environmental Protection Agency

40 CFR Part 300 National Oil and Hazardous Substances Pollution Contingency Plan; Lender Liability; Proposed Rule and Request for Com m ent 28798 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules

ENVIRONMENTAL PROTECTION entities through an involuntary transfer includes persons who accepted for AGENCY under statutes requiring the acquisition transportation hazardous substances of property in which the governmental and selected the disposal facility. Id. 40 CFR Part 300 entity holds a security interest or has section 9607(a)(4). acted as a loan guarantor, conservator, [FRL-3966-3] It is well-settled that each of the four or receiver, provided that the other groups of responsible parties is strictly National Oil and Hazardous elements of the defense are met. liable under section 107(a). See, e.g., Substances Pollution Contingency Governmental entities may also acquire United States v. M onsanto Co., 858 F.2d Plan; Lender Liability under CERCLA property through other mechanisms, 160,167 & n.ll (4th Cir. 1988), cert, such as through civil and criminal denied, 109 S.Ct. 3156 (1989); AGENCY: Environmental Protection seizures and asset forfeitures, and EPA Tanglewood East Homeowners v. Agency. is also seeking comment on regulatory Charles-Thomas, Inc., 849 F.2d 1568, ACTION: Proposed Rule and request for language which would specify such 1572 (5th Cir. 1988). In addition, it is also comment. other types of acquisitions by settled that such parties are jointly and governmental entities that may be SUMMARY: The Environmental Protection severally liable when the environmental considered “involuntary” within the harm is indivisible. United States v. Agency is proposing this rule to define meaning of the statute. the meaning of certain statutory M onsanto Co., 858 F.2d at 171; United DATES: Comments on this proposed rule States v. Chem-Dyne Corp., 572 F. Supp. elements in the Comprehensive must be submitted by July 24,1991. Environmental Response, 802, 810-11 (S.D. Ohio 1983). Compensation, and Liability Act ADDRESSES: Commenters must send an This proposed rule concerns only the (CERCLA), which pertain to the liability original and two copies of their first two of these categories of of both privately-owned financial comments to: John Fogarty, Office of potentially liable parties—specifically institutions and governmental receivers, Enforcement, Superfund Division, Mail “owners or operators” of facilities conservators, loan guarantors, lending Code LE-134S, U.S. Environmental subject to CERCLA—which are defined or other governmental entities that hold Protection Agency, 401M Street, SW., in Section 101(20). Section 101(20)(A) or maintain indicia of ownership as Washington, DC 20460. Comments exempts those persons who, without protection for a security interest in should include the docket number NCP- participating in the management of a contaminated facilities. CERCLA section LL/DSB. The public docket is located at facility, hold indicia of ownership in the 101(20)(A) exempts persons whose EPA Headquarters at the above address facility 1 primarily to protect a security indicia of ownership in a facility are in room 2427 and is available for interest. 42 U.S.C. 9601(20)(A). held primarily to protect a security viewing from 9 a.m. to 4 p.m., Monday Interpretation of this “security interest” interest, provided that they do not through Friday, excluding Federal exemption under CERCLA has participate in the management of the holidays. generated uncertainty within the facility. In this proposed rule, EPA is FOR FURTHER INFORMATION CONTACT: financial and lending communities, interpreting the CERCLA section John Fogarty at (202) 382-3050. particularly with regard to the extent to 101(20)(A) “security interest exemption” SUPPLEMENTARY INFORMATION: which a secured creditor may undertake to clarify the range of activities that may I. Background activities to oversee the affairs of a be undertaken by a private or person whose facility is encumbered by governmental lending institution or The Agency is proposing this rule to a security interest (hereinafter the other entity that holds a security interest interpret the provisions of sections “borrower,” “debtor,” or “obligor”) for in a facility in the course of protecting 101(20) and 101(35) of the the purposes of protecting the security the security interest, without being Comprehensive Environmental interest, without incurring CERCLA considered to be participating in the Response, Compensation, and Liability liability. Specifically, there is concern facility’s management and thereby Act (CERCLA), as amended, 42 U.S.C. over whether certain actions commonly voiding the exemption. 9601 etseq ., as they affect private taken by the holder of a security In addition, EPA is proposing this rule lending institutions and governmental interest—such as monitoring facility to define the meaning of certain entities that hold a security interest in or operations, requiring compliance statutory elements in CERCLA that that guarantee loans secured by a activities, refinancing or undertaking pertain to the liability of governmental facility contaminated by or containing loan workouts, providing financial entities that involuntarily acquire hazardous substances, or that acquire advice, and similar actions that may ownership or possession of ownership of contaminated property in affect the financial, management, and contaminated facilities. Under CERCLA, the course of acting as a conservator or operational aspects of a business—can a governmental lending entity, receiver, receiver or protecting a secured interest. be considered to be evidence that the or conservator involuntarily acquiring a Section 107(a) of CERCLA, 42 U.S.C. security holder is “participating in the contaminated facility may be entitled to 9607(a), identifies four broad classes of management of a facility.” assert the so-called “innocent responsbile parties that are liable for the Under section 101(20)(A), landowner defense" under sections costs of cleaning up hazardous participation in management by the 101(35)(A)(ii) and 107(b)(3), provided substances when the federal holder of a security interest will void the that the other elements of the defense government, state government, or a exemption. However, the extent to are met. In this rule, EPA is interpreting private party brings suit. The first two which a security holder may become CERCLA section 101(35)(A)(ii), which classes include certain owners and involved in a facility without being affects the ownership status under operators of facilities contaminated by considered to be participating in the CERCLA of government entities that or containing hazardous substances, 42 management is not defined by the acquire contaminated facilities through U.S.C. 9607 (a)(l)-{a)(2). The third class escheat, eminent domain, involuntary consists of certain persons who 1 The CERCLA definition of “facility” includes transfer or acquisition, and other means, arranged for disposal or treatment of real property as well as any equipment or other to include within its scope the hazardous substances. Id. section articles contaminated by hazardous substances, bee acquisition of facilities by governmental 9607(a)(3). Finally, the fourth class CERCLA 101(9). Federal Register / Vol. 58, No. 121 / Monday, Jane 24, 1991 / Proposed Rales 28799 statute. Judicial interpretations of the secured creditor will fall outside the possess, or have security interests in exemption have varied in their exception.” In re Bergsoe M etal Corp., potentially contaminated properties as a articulations of the meaning of this term, 910 F.2d 668,672 (9th Cir. 1990) (“What consequence of their appointment as the without clearly defining a precise is critical is not what rights the conservator or receiver of failed and standard. See e.g., United States v. [creditor) had, but what it did. * * * (A insolvent lending institutions. Maryland Bank & Trust Co* 632 F. Supp. creditor] cannot have participated in Additionally, other governmental 573 {D. Md. 1986); U nited States v. management if it never exercised (its entities that provide lending and credit Mirabile, 15 Envtl. L. Rep. (Envtl. L Inst.) rights].”) See also In re T.P. Long services are also tikely, through a 20994 (EJD. Pa. 1985J; United States v. Chemical Inc., 45 Bankr. 278 (N.D. Ohio variety of statutory mechanisms, to Fleet Factors Corp. 901 F.2d 1550 (11th 1985) (bank that was not involved in acquire or to have transferred to them Cir. 1990), cert denied, No. 90-504 (U.S. facility’s operations cannot be held to an interest in or possession of diverse Jan. 14,1991) (cases suggesting that the have voided security interest businesses, properties, and other assets exemption is abrogated once a security exemption). However, because the which may be contaminated by interest holder has divested the security holder in Bergsoe Metals was hazardous substances. The borrower or debtor of its management not in any way involved hi the facility’s governmental takeover of assets authority, such as when the holder operation, the court did not address the formerly held by private entities in this becomes involved in the facility's day- issue of the extent to which a security manner has raised pressing questions to-day operations, where it becomes holder may act to protect its interest regarding the potential for CERCLA “overly entangled” in the affairs of the without being considered to be liability as an owner or operator as the facility, or where its involvement participating in the facility's result of such acquisitions, and the otherwise affects a facility's hazardous management. availability of the “innocent landowner” waste practices). However, the few Hie scant legislative history of the defense of sections 107(b)(3) and 101(35) cases construing the exemption have security interest exemption sheds tittle to these governmental entities. uniformly indicated that a security tight on this issue. The history of the To reduce these uncertainties, EPA is holder's involvement in financially exemption indicates only that it was issuing this proposed rule to specify the related matters, such as periodic added to the definition of “owner or range of permissible actions that may be monitoring or inspections of secured operator” out of a concern that the undertaken by holders of a security property, loan refinancing and definition as initially drafted interest within the bounds of the section restructuring, financial advice and “inadvertently” included a person who 101(20XA} security interest exemption. similar activities will not necessarily held title or other ownership interest as This rale will also specify the void the exemption. See. e.g., Guidice v. security for a loan or other obligation, circumstances in which governmental BFG Electroplating and M anufacturing even though the security holder was not entities that acquire possession or Co., 732 F. Supp. 556 (WJO. Pa. 1989); otherwise affiliated with or involved in control of contaminated facilities as United States v. NicoJet, 29 Eav*t Rep. the management of the facility. See conservators or receivers will be Cas. (BNA)1851 (ED. Pa. 1969), Beyond House Debate on HR. 85,98th Cong., 1st considered “involuntary'’ owners for these few judicial holdings, however, it Sess. (1979) (Sept. 18,1980), reprinted in purposes of the section 101{35)(A)(ii) is uncertain what activities are 2 A Legislative History of the CERCLA, “innocent landowner” defense. considered participation in the Senate Comm, on Environment and Governmental entities may also acquire management of a facility, and which are Public Works, 97th Cong., 2d Sess. 889, property through other mechanisms, not 945 (Comm. Print 1983). Tim legislative such as through civil and criminal history does not, however, provide any seizures and asset forfeitures. Hie This uncertainty was heightened by guidance or other indication of the types Agency is also seeking comment on dicta in the opinion of the Eleventh of activities that would 1m considered regulatory language which would Circuit Court of Appeals in U nited impermissible participation or specify such other types of acquisitions States v. Fleet Factors Corp., supra, hi involvement in the facility's by governmental entities that may be this opinion, the court suggested that a management, or of the sorts of activities considered “involuntary” within the secured creditor may be liable, without that were considered to be consistent meaning of the statute. being an operator, if it participates in with the exemption. EPA is proposing tins rule as a the management of a facility “to a Uncertainty in this area has assumed revision to the National Oil and degree indicating a capacity to influence particular importance for the Federal Hazardous Substances Pollution the corporation's treatment of hazardous Deposit Insurance Corporation (“FDIC”) Contingency Plan (NCP), codified at 40 wastes.” 901 F.2d at 1557. While the and the Resolution Trust Corporation CFR part 300 e t seq., under the authority court held that some level of actual (“RTC“), both of which act as of CERCLA sections 105 and 115. EPA participation by a security holder is conservators and receivers of failing or recognizes that this revision to the NCP required to abrogate the exemption, the failed insured depository institutions raises a number of important issues and court’s opinion did not discuss what under the Federal Deposit insurance Act is accepting public comment for a thirty- level of participation would be sufficient ("FDI Act”), as amended by the day period. Upon consideration and to support the inference that a security Financial Institutions Reform, Recovery, review of the comments, EPA may holder's involvement could influence and Enforcement Act (“FTRREA”), revise this proposed rale and will operational decisions concerning a Public Law No. 101-73,103 Stat 183 formally codify the provisions as facility's treatment of hazardous waste. (Aug. 9,1989), due to their potential subpart L in 40 CFR part 300. Prior to its A subsequent decision by the Ninth liability under CERCLA for the promulgation as a final rule, this rule Circuit Court of Appeals confirmed that properties and assets owned by the represents EPA’s interpretation of die mere capacity or unexercised right failed lending institutions. Under this sections 101(20)(A) and 101(35)(A)(h), to control facility operations is statutory mechanism, and because of and EPA will utilize it as guidance for insufficient to void the exemption, and the recent high failure rate of the implementing these sections. held that “there must be some actual country’s lending institutions, these Judicial review of this proposed rule, management of the facility before a government entities are tikely to own. when promulgated, will be governed by 28800 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules the provisions of CERCLA section transferred to it property or other assets, interpretation of the security interest 113(a). These provisions mandate that through a variety of statutory exemption both acknowledges and any review of a regulation promulgated mechanisms and thereby assume accommodates these competing under CERCLA is confined to the United possession and control of a interests within the current statutory States Court of Appeals for the District contaminated facility, this rule specifies scheme by specifying the permissible of Columbia Circuit and that any circumstances in which the range of activities that may be application for such review must be governmental lending entity may have a undertaken by a security holder without made within ninety days of the rule’s defense available under section voiding the exemption. date of promulgation. By enacting these 101 (35)(A)(ii) of CERCLA Specifically, the proposed rule provisions, Congress intended that the While section 101(20)(A) provides provides that a security holder may, at District of Columbia Circuit Court would persons who hold a security interest its option, conduct or require an have “exclusive” jurisdiction to review with a potential exemption from environmental inspection of a facility regulations and that any petitions for CERCLA liability when the real or and may require cleanup of a facility review that were filed after the ninety personal property serving as the security prior to or during the life of the loan; day period would be barred. S. Rep. No. is contaminated, this statutory provision may require from the facility owner or 848,96th Cong., 2d Sess. 95 (1980); see does not otherwise provide protection operator assurances of compliance with Lubrizol Corp. v. Train, 547 F.2d 310, from the ordinary risk assumed by the applicable federal, state, and local 314-16 (6th Cir. 1976) (by centralizing security holder that the facility’s market environmental and other laws, rules and appeals in the D.C. Circuit under the value may not be sufficient to cover the regulations during the life of the loan; Clean Air Act, Congress hoped to avoid borrower’s debt. The CERCLA security may periodically or regularly monitor or needless delays in the implementation interest exemption is not a loan inspect both the facility (including site of,important national programs caused guarantee for lending institutions and inspections) and the facility owner or by incessant litigation and inconsistent does not shift to the Superfund the cost operator’s business or financial decisions). of poor loan decisions, see United States condition; may provide periodic financial or other advice to a financially II. Summary v. Maryland Bank & Trust, supra, 632 F. Supp. at 580, but serves only as a shield distressed debtor; or may take other A. Security Interest Exemption from CERCIA liability where a person’s actions that are necessary for the This proposed rule interprets the ownership indicia are held as protection security holder to adequately police the section 101(20)(A) “security interest" for a security interest. debt or other obligation or to comply exemption to permit the holder of a From an environmental perspective, with applicable legal requirements. security interest to undertake a broad EPA must concern itself first with A security holder may also undertake range of activity in the course of protection of public health, welfare, and so-called “loan workout" activities, such protecting a security interest in a facility the environment. Following expenditure as restructuring or renegotiating the that is subject to CERCLA, without of public funds to clean up contaminated terms of the obligation, requiring being considered to be participating in property, EPA’s mandate under payment of additional interest, the management of the facility. The CERCLA is to seek to recover the costs extending the payment period, activities specified in this rule are not incurred by the Fund from those liable exercising forbearance, or providing mandatory or required to be undertaken under CERCLA. Accordingly, where advice or taking other actions that are as a condition of maintaining the there is a release or threat of release of necessary to protect the security exemption. Instead, this proposed rule hazardous substances, CERCLA clearly interest. A security holder may also identifies a range of permissible imposes liability on owners of real foreclose on the security (whether by activities that a security holder may property for the consequences of that formal means such as through the use of take to protect the security interest. The release. However, security holders the judicial process, or by informal specific activities actually undertaken (commonly lending institutions) that means such as by taking a deed in lieu with respect to a particular facility in possess an ownership interest in a of foreclosure), may wind-up operations, which a person holds a security interest facility may need to undertake certain may liquidate or sell off assets, or may may vary from case to case; the purpose activities in the course of protecting otherwise act to recover the value of the of this rule is to specify, by illustration their security interest to manage security interest in a manner consistent and example, the activities that a properly their loan portfolios; such with good commercial practice. These security holder may undertake without activities may include inspections or activities are considered to be losing the exemption. The rule monitoring of the borrower’s business consistent with the CERCLA security accomplishes this by defining the key and collateral, providing financial or interest exemption, and are not terms of CERCLA section 101(20)(A): (1) other assistance, engaging in “loan considered to be evidence of “indicia of ownership,” (2) “primarily to workout" activities, and foreclosing on participation in management by a protect a security interest," and (3) secured property. security holder. Note, however, that “participating in the management of a This proposed rule seeks to reconcile while a security holder may not be . . . facility." This proposed rule does a security holder’s need to manage, liable as an “owner” or "operator” not define all possible activities that oversee, or to otherwise act to protect a under CERCLA section 107(a)(1) by may be undertaken by a security holder security interest, with EPA’s duty to virtue of the exemption, liability may without voiding the exemption: other clean up waste sites and recover public nevertheless attach under section permissible activities may be funds spent in remediating these sites 107(a)(3) or section 107(a)(4) as the undertaken, even though not specifically from those responsible or otherwise result of a security holder’s own actions identified in this rule. involved in the facility’s operations, in connection with a facility. With respect to a governmental either through their participation in It has become a customary or common lending entity that may assume management (i.e., under section practice for holders of security interests ownership, conservatorship, or 107(a)(1)—(a)(2)) or through their own to undertake or require environmental receivership of a lending institution or activities at the facility (i.e., under inspections to minimize the risk that business, or that may acquire or have section 107(a)(3)—(a)(4)). EPA’s their loans will be secured by Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules 28801 contaminated property, and EPA property is located; or (2) at any time ; which the contaminated facility was considers such inspections to be after six months following foreclosure acquired. Section 101(35) defines consistent with this exemption from the security holder rejects, or does not “contractual relationship” to exclude CERCLA liability. An inspection of a act upon within 90 days of receipt of a such involuntary transfers.2 The chief facility provides environmental written, bona fide, firm offer of fair difference is that a state or local advantages by identifying properties in consideration for the property. For government that involuntarily acquires a need of cleanup or other purposes of this proposal: (a) a "written, contaminated property is exempted from environmentally beneficial response, bona fide, firm offer’* is a legally the definition of an owner or operator of and by helping to minimize enforceable offer, including all material the facility, whereas federal entities are environmental liability. Under this terms of the transaction, from a ready, not specifically accorded such willing, and able purchaser who proposed rule, a security holder that treatment, but may be able to assert a undertakes or requires a borrower to demonstrates to the security holder’s undertake an environmental inspection satisfaction the ability jo perform; and defense to liability. or investigation of a facility securing the (b) “fair consideration’’ is an amount Government entities have become obligation is not considered to be equal to or in excess of the sum of the increasingly likely to own or possess participating in management. However, outstanding principal owed to the properties as a consequence of bank and neither the statute nor this proposed rule holder, plus any unpaid interest and savings and loan failures, through requires a security holder to undertake penalties (whether arising before or statutory mechanisms that result in an inspection to qualify for the after foreclosure), plus all reasonable governmental takeover of the failed or exemption, and the liability of a security and necessary costs, fees or other insolvent lending institutions. Under the holder seeking to avail itself of the charges incurred by the holder incident FDI Act, as amended by FIRREA, the exemption cannot be based on or to foreclosure, retention, continued Office of Thrift Supervision or the Office affected by the failure to conduct or functioning of the enterprise, and salé of of the Comptroller of the Currency will require such an inspection. the property, less any amounts received direct the FDIC or RTC to acquire the This rule also proposes to define a by the holder in connection with any property and assets of failed or security interest holder’s obligations partial disposition of the property or net insolvent banks, credit unions, savings following foreclosure in cases where the revenues received as a result of institutions, and thrifts. The range of security holder has not otherwise continued functioning of the facility. assets acquired by these governmental participated in the facility’s Unless otherwise provided by this proposal, during the applicability of the entities may include, among others, management. Specifically, the proposal simple security interests, property for provides that a security holder may exemption, the security holder’s CERCLA liability is only as provided for which the depository or thrift institution avail itself of the security interest held record title or other form of title exemption post-foreclosure unless it under CERCLA section 107(a)(3) or 107(a)(4), 42 U.S.C. 9607(a)(3)-(a)(4). In through foreclosure, or property that had fails to take reasonable actions to sell been purchased or acquired as an the property, or it rejects or fails to act addition, where a defendant claims the section 101(20)(A) exemption from investment by the failed institution or its upon a written, bona fid e offer for a subsidiary. Pursuant to these authorities, value equal to or exceeding the liability under section 107(a)(1), the outstanding loan obligation. burden is on the plaintiff to prove that the FDIC and RTC succeed to such the defendant is an owner or operator, assets and act as the conservator or Under this proposal, a security holder, as provided in this rule. who did not prior to foreclosure receiver of the insolvent lending participate in management, may B. Involuntary Governmental institutions. For the purposes of foreclose, sell, liquidate, wind up Acquisition of Facilities CERCLA, there is no “contractual operations, or retain and continue relationship” between the FDIC or RTC CERCLA section 101(20)(D) excludes and the assets so acquired because this functioning the enterprise in order to from the definition of "owner or protect the value of die secured asset manner of acquisition by a government operator’’ a unit of state or local entity is an "involuntary transfer or prior to sale as a means to realize the government which acquires ownership debtor’s unpaid obligation pending sale, or control over a facility involuntarily by acquisition” within the meaning of liquidation, or other disposition of the virtue of its function as sovereign. 42 section 101(35)(A)(ii). property, without incurring liability U.S.C. 9601{20)(D). There is no Other government financial regulatory under CERCLA section 1207(a)(1), unless comparable provision for Federal or lending entities 3 that act in a similar (1) the security holder fails within government entities. Section twelve months following foreclosure to 101 (35)(A)(ii), however, specifies that take the following actions to sell the acquisition by any governmental entity 2 Section 101(35) specifies two other property: (i) List the property with a is “involuntary” if the facility is circumstances in which no “contractual broker, dealer or agent who deals with relationship” exists with respect to the transfer of a acquired through "escheat, or through facilty for purposes of asserting the innocent the type of property in question, and (ii) any other involuntary transfer or landowner-third party defense: where the party begin advertising the property as being acquisition, or through the exercise of acquiring the property did not and had no reason to for sale or disposition on at least a eminent domain authority by purchase know that hazardous substances had been released monthly basis in either a real estate or condemnation.” 42 U.S.C. or disposed of on the property, after having publication, or a trade or other 9601(35) (A) (ii). undertaken “all appropriate inquiry" (CERCLA 101(35(A)(i), 101(35)(B)); and where the property is publication suitable for the property in An “involuntary transfer or acquired by inheritance or bequest (CERCLA question, or a newspaper of general acquisition” of a facility is an element of 101(35)(A)(iii)). circulation (defined as one with a the “innocent landowner” or third-party 8 As used throughout this rule, the term circulation over 10,000, or one suitable defense for a government entity: Section “governmental lending entities” refers to under any applicable federal, state, or 101(35){A)(ii) works in conjunction with governmental lending and credit institutions, loan local rules of court for publication guarantors, and financial regulatory entities which section 107(b)(3), which requires for the acquire security interests or properties of failed required by court order or rules of civil defense the absence of a “contractual private lending and depository institutions as procedure) covering the area where the relationship” concerning the manner in conservators or receivers. 28802 Federal Register / Vol. 58, No. 121 / Monday, June 24, 1991 / Proposed Rules capacity under a statutory mandate are held as security for a loan or other cases, the salient question is whether a also considered to be similarly situated; obligation, including title to the real or security interest arises under applicable "involuntary acquisitions" by such personal property acquired incident to law, regardless of the label given to the entities are discussed in greater detail in foreclosure and its equivalents. The particular transaction.5 A holder of a section IV. While this rule discusses nature of the ownership interest may security interest may include the initial generally the manner in which vary under the laws of different states holder (such as the loan originator, for governmental lending entities and by the type of secured loan example), and any successor-in-interest, involuntarily acquire property, it is not transaction. Examples of such indicia subsequent purchaser on the secondary intended to preclude other similarly may include, but are not limited to, a market, loan guarantor, or other person situated government entities that mortgage, deed of trust, or legal title who holds a security interest under the involuntarily acquire contaminated obtained pursuant to foreclosure or its applicable law governing the property from asserting the defense, nor equivalents, or an assignment, lien, transaction. are other means of involuntary pledge, or other right to or form of In contrast, under section 101(20)(A), acquisition by government entities encumbrance against property that is “indicia of ownership” held “primarily intended to be excluded. to protect [a] security interest” do not Governmental entities that acquire legally recognized as establishing a bona fid e security interest. include evidence of interests in the assets involuntarily in their capacity as nature of an investment in the facility, or a conservator or receiver may acquire 2. Primarily To Protect the Security an ownership interest held for any some assets to which the security Interest reason other than as protection for a interest provisions of this rule will security interest. See, e.g., United States apply. Such assets include security Whether a person’s ownership indicia v. Maryland Bank & Trust, supra interests securing performing loans, bring it within or outside of the (actions taken by lending institution loans in workout, those in default or definition of “owner or operator" under after foreclosure indicate property held non-performing and are unforeclosed- CERCLA is determined by whether the as an investment rather than as security upon, and foreclosed-upon assets net yet indicia are held “primarily to protect for a loan), EPA recognizes that lending sold by the prior security holder* as [the] security interest.” The use of this institutions typically have revenue examples. The involuntary phrase requires that the ownership interests in the loan transactions that governmental acquirer of such assets interest must be a legally recognized create security interests; such generally stands in the shoes of the prior security interest, and not an interest in transactions are not considered to be security holder, and may exercise the property held for some other reason. A investment interests, but are generally same rights under the security interest bona fid e security interest may arise considered bona fid e secured provisions of this rule with respect to pursuant to a variety of statutory or transactions falling within the such assets. Where the governmental common law mechanisms. While a exemption. See In re Bergsoe M etal lending entity involuntarily acquires security interest is ordinarily created by Corp„ supra, 910 F.2d at 672 n.2. assets to which the security interest mutual consent, such as a secured However, when a person holds indicia provisions would not apply—i.e„ those transaction within the scope of Article 9 of ownership in a facility primarily for which the predecessor did not hold as investment purposes, as opposed to protection for a security interest—the of the Uniform Commercial Code* there are other means by which a legally assuring repayment of a loan or as "involuntary transfer or acquisition" security for some other obligation, the provisions of this rule apply. recognized security interest may be created, some of which may or may not exemption will not apply. III. CERCLA Provisions Protecting the be the result of a consensual Lending institutions, which typically Holder of a Security Interest arrangement between the parties to the hold a large number of security The section 101(20)(A) security transaction. In general, a transaction interests, may also act in some fiduciary interest exemption is the principal that gives rise to a security interest is or other capacity with respect to a means of avoiding CERCLA liability for one that provides the security holder facility. However, this proposed rule the holder of a security interest in a with recourse against real or personal does not address circumstances in facility. property of the person pledging the which a lending institution or any Sectionl01(20)(A) provides, in part security; the purpose of the interest is to person acts in a non-lending capacity or secure the repayment of money, the has any interest in a facility other than a Such term [owner or operator} does not bona fid e security interest in real or include a person who, without participating performance of a duty, or of some other in the management of a vessel or facility, obligation. See generally J. White & R. personal property. Because the holds indicia of ownership primarily to Summers, Handbook on the Uniform exemption in section 101(20)(A) covers only security interests, any discussion of protect his security interest in the vessel or Commercial Code section 22 (2d Ed. facility. other interests or involvement in a 1980); Restatement of Security (1941). facility is beyond the scope of this rule. There are three key terms found in the Recognized forms of security interests exemption that are not otherwise include mortgages, certain types of liens, 3. Participating in the Management of a defined in CERCLA: (1} “Indicia of forms of conditional sales, installment F acility ownership” (2) the requirement that the sales, trust receipt transactions, certain ownership indicia be held "primarily to Whether the holder of a security assignments, factoring agreements or interest has participated in management protect [the] security interest" in the accounts receivable financing facility, and (3) the prohibition of the sufficiently to void the exemption is a arrangements* and some forms of leases fact-sensitive inquiry. Participation in security holder from “participating in or consignments, among others.4 In all the management“ of the facility. 8 See, e g., U.C.C, l-20î(37) (‘"Security interest"’ 1. Indicia of Ownership 4 Whether a sale-and-leaseback, conditional sale, means an interest in personal property or fixtures installment sales contract, or any other transaction which secures payment or performance of an Ownership indicia within the meaning creates a security interest and is within the security obligation... . Whether a lease [or other of section 1(H(20)(A) include evidence of interest exemption under CERCLA is determined by transaction] is intended as security Is to be’^ interests in real or personal property the facts of each case. determined by the facts of each case, * * *” Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules 28803 the management of a facility means information or compliance with terms, and similar financially related actual participation in the management applicable duties, laws or regulations, or activities; but do not include exercising or operational affairs by the holder of requires other similar actions, provided decisionmaking control over the the security interest, and does not that the borrower remains in possession operational affairs of the facility. In this include the mere capacity, ability, or and control of the operations of the context, the statute does not permit a unexercised right to influence facility facility (except as provided incident to security holder to act as the operator of operations. In all cases, the foreclosure, discussed below). Such a facility (an independent basis of determination of whether a security oversight and obligations of compliance liability) under the mantle of holding a holder is participating in management imposed by the holder of a security security interest. The range of depends on the holder’s actions with interest are considered to be undertaken permissible activities are discussed in respect to the facility. A security holder to protect the security interest and are greater detail in the following sections. is not considered to be participating in not considered part of the management This proposed rule does not define the management within the meaning of and operation of a facility. Although only activities that may be undertaken section 101(20)(A) unless, while the such requirements and oversight may by a security holder without voiding the borrower is still in possession, either: (1) inform the borrower’s management of a exemption, and no inferences should be The security holder is exercising facility, the security holder is not drawn about the impermissibility of decisionmaking control over the considered to be participating in activities not specifically mentioned in borrower’s environmental compliance, management where the borrower this rule—those will be addressed on a such that the security holder has continues to make operational decisions case-by-case basis. As discussed in undertaken responsibility for the at the facility. detail in this rule, a security holder may borrower’s waste disposal or hazardous Cases addressing die issue of a monitor and police its security interest substance handling practices which security holder’s involvement with a consistent with ordinary and customary results in a release or threatened borrower have routinely held that loan management practices, without release, or (2) the security holder is financial, administrative, and similar voiding the exemption. A security holder exercising control at a management general advice is not ordinarily voids the exemption when it exercises level encompassing the borrower’s considered to rise to the level of decisionmaking control over facility environmental compliance management particpation. See, e.g., operations, particularly with respect to responsibilities, comparable to that of a United States v. Fleet Factors Corp., the hazardous substances present at the manager of the borrower’s enterprise, supra, 901 F. 2d at 1556-57 (facility facility. such that the security holder has monitoring and involvement in financial Actions at the Inception of the Loan or assumed or manifested responsibility for decisions permissible); United States v. the management of the enterprise by Other Transaction Giving Rise to a Mirabile, supra, 15 Envtl. L. Rep. at Security Interest establishing, implementing, or 20996-97 (facility monitoring, maintaining the policies and procedures involvement in financial decisions, Actions undertaken by a security encompassing the day to day restrictions on financial decisions holder prior to or at the inception of a environmental compliance contained in loan documents, and security interest are not considered decisionmaking of the enterprise. A general financial advice permissible); In evidence of participation in security holder will not be considered to re Bergsoe Metals Corp., supra, 910 F.2d management that would void the be participating in managemènt when it at 672 (input at planning stages of exemption. For example, consultation undertakes certain actions, to protect the project, inspection and entry rights and negotiation concerning the structure security interest, as discussed in the permissible); Guidice v. BFG and terms of the loan or other following sections. Electroplating and Manufacturing Co., obligation, the payment of interest, the Consistent with the exemption, a supra, 732 F. Supp. at 562 (monitoring of payment period, and specific or general security holder may act to protect the accounts and of business and personnel financial advice, suggestions, interest by, for example, policing the matters, site inspections, assistance in counseling, guidance, or other actions loan, undertaking financial workout loan negotiations, loan restructuring, incident or prior to creation of the with a borrower where the obligation is and procurement of purchaser for security interest are not considered in threat of default, or by foreclosing facility permissible). evidence of participation in and preparing the facility for sale or This proposed rule describes a range management. liquidation. Such actions are not of activities that a security holder may In addition to such involvement, a considered to be participation in the undertake in the course of protecting its security holder may determine for risk management of a facility provided that security interest; these activities are not management or other business purposes, the actions taken are reasonably considered to be evidence of to undertake or require an necessary to protect the security management participation. Certain environmental inspection of a facility interest. activities—such as undertaking or securing a loan or other obligation Accordingly, the holder of a security requiring an environmental inspection at giving rise to a security interest. Such interest is not considered to be acting the creation of the security interest, environmental inspections may be outside the scope of the exemption policing the loan, engaging in so-called undertaken by the security holder, for when the holder regularly or “loan workout” and foreclosure and example, or the security holder may periodically monitors the borrower’s liquidation of assets—are considered require one to be conducted by another business, or requires or conducts on-site permissible and within the scope of the party (such as the borrower) as a inspections and audits of the exemption. However, merely labeling a condition of the loan or other environmental condition of the facility certain activity as part of a “workout,” transaction. The statute does not require or the borrower’s financial condition, or for example, is not by itself conclusive; that such an inspection be undertaken to monitors other aspects of the facility what matters is what the security holder qualify for the exemption, and the considered relevant for adequate actually does. Permissible “loan liability of a security holder seeking to protection of the security interest, or workout” activities include financial avail itself of the exemption cannot be requires certification of financial and other advice, renegotiation of loan based on or affected by the omission or 28804 Federal Register / Vol. 58, No. 121 / Monday, June 24, 1991 / Proposed Rules failure to undertake or require an obligation. While the exemption requires holder to be “participating in the inspection in connection with die that the actions undertaken by a management of the facility” and security interest In addition, neither can security holder be consistent with therefore to have voided the exemption. liability be premised on a security protecting a security interest, a security Activities that EPA considers to be holder’s having undertaken or required holder is not expected to be an insurer permissible actions taken in the course an inspection, and nothing in this rule or guarantor of environmental safety at of protecting a security interest (and should be understood to discourage a a facility in which it has a security which are not evidence of “participation security holder from undertaking or interest The inclusion of environmental in management”) during the work-out requiring such an inspection in warranties and covenants are not period include, but are not limited to, circumstances deemed appropriate by considered to be evidence of a security restructuring or renegotiation of the the security holder. holder acting as an insurer or guarantor, terms of the loan obligation, requiring In the event that an environmental and liability cannot be premised on the payment of additional interest, inspection of a facility reveals existence of such terms, or upon the extension of the payment period, contamination, the security holder may security holder’s actions that ensure that specific financial or operational advice, undertake a variety of responses that it the facility is managed in an suggestions, counseling, guidance, or deems appropriate: for example, the environmentally sound manner. Neither any other action reasonably necessary holder may refuse to extend credit or to are these actions or requirements to protect the security interest. follow through with the transaction considered to be evidence of While a security holder does not creating the security interest, or instead participation in management. See, e.g.. “participate} i® the management" of a take a security interest in non- United States v. Fleet Factors Corp., facility within the meaning of Section contaminated property. Alternatively, a supra, 901 F.2d at 1558 (secured 101 (20)(A) merely because it causes or security holder may determine that the creditors "encouraged" to closely contributes to hazardous substance risk of default is sufficiently slight (or monitor waste treatment practices and contamination, in general a security that the extent of contamination is policies of debtors, and may insist upon holder must be cautious that its own minimal and does not significantly affect compliance with acceptable treatment actions do not result in independent the value of the facility} and proceed to standards as a condition of financial liability under CERCLA. See, e.g., take a security interest in the support, and may adjust loan terms to CERCLA section 107(aM»H4), 42 U.S.C. contaminated property. Additionally, reflect debtor’s hazardous waste 9607(a)(3H4). This admonition is not a the security holder may require the practices). new requirement or an obligation borrower to clean up the facility as a Loan Workout imposed by the terms of section condition of the loan or other obligation. 101(20)(A): In general, any person that is Such activities are not considered The holder of a security interest may management participation, and determine that it needs to take action itself responsible for a release may be knowingly taking a security interest in a with respect to the facility to secure or liable under section 107(a) of CERCLA contaminated facility will not subject a safeguard the security interest from loss. and held strictly, jointly, and severally bona fid e security holder to CERCLA These actions may be necessary when, liable.6 Even a party owning a facility liability. for example, a loan is in default or that may have a defense to liability for threat of default, and are commonly pre-existing contamination 7 or that is Policing the Security Interest or Loan referred to as “loan workout" activities. by definition exempt from status as an Actions which are consistent with These actions will not take a security owner or operator 8 may be held to be protecting a security interest include, holder outside of the section 101(2O)(A) responsible for the costs of cleanup if its but are not limited to, a requirement that security interest exemption provided actions contribute to contamination at a the borrower clean up the facility prior that the actions are taken in the course facility.9 Accordingly, a security holder to or during the life of the loan or of protecting the security interest. To is cautioned to be aware of the security interest; a requirement of remain within the exemption from hazardous substances present at a assurance of the borrower’s compliance CERCLA liability, all such actions must facility when providing financial or with applicable federal, state, and local be structured to protect and preserve the other advice, or when otherwise acting environmental and other rules and security interest; such measures are to protect the security interest, to ensure regulations during the life of the loan or taken to protect the security interest security interest; securing authority or when the security holder is assisting the • See-, e.g., Tangiewood East Homeowners v. permission for the security holder to borrower in an effort to prevent default Charles- Thomas* hie., supra;. United States v. periodically or regularly monitor or of the loan or diminution of the value of Monsanto-, supra; United States v. C h em -D yne Corp., supra. inspect both the facility in which the the. security.^ 7 The traditional “third-party” defense under security holder possesses indicia of When the holder of a security interest section 107(h)(3) is voided where the defendant has ownership (including site inspections) or undertakes work-out activities, provides failed to exercise due care with respect to the the borrower’s business or financial financial or other advice, and similar hazardous substances present at a facility. See CERCLA 107(b){3)(aHb), 42 U.SX. 9607(bP)iaHb). condition; or other requirements or support to a distressed borrower, the Similarly, the “innocent landowner” defense under conditions reasonably necessary for the security holder will remain within the Section 101(35) ie voided where the defendant, "by security holder to police adequately the exemption if the holder does not divest act or omission, caused or contributed to the release loan or security interest, or to comply the borrower of its decisionmaking or threatened release of a hazardous substance.’ with legal requirements. control over facility operations, See id . Section 101(35)(D). 42 U.S.C. 9601(35)(D). 8' A state or local government entity that acquires Such requirements may be contained particularly with respect to arvy a contaminated facility “by virtue of its function as in contractual (e.g., loan) documents or hazardous substances present at the sovereign" is not an “owner or operator” of the other relevant documents specifying facility, such that the borrower remains facility, unless it "has caused or contributed to thf requirements for financial, the ultimate decisionmaker for operation release or threatened release of a hazardous of the facility. Where the evidence substance." See CERCLA 101(20)(D), 42 U.S.C. environmental, and other warranties, 9801(20)(D). covenants, and representations or demonstrates that the security holder • For example, by having arranged for disposal or promises from the borrower, as controls the decisionmaking of the treatment of a hazardous substance, under section conditions for the loan or other borrower, EPA considers the security 107(a)(3), 42 U.S.C. 9807(a)(3), Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules 28805 that its actions do not subject it to to prevent or minimize the risk of a mere foreclosure and taking of title does liability under other provisions of release or threat of release of hazardous not necessarily void the security holder CERCLA. substances are not considered evidence exemption. United States v. M irabile, of management participation.12 Foreclosure and Liquidation supra; United States v. Maryland Bank In addition, there may be and Trust, supra; In re T.P. Long The process of foreclosure and sale circumstances in which a security Chemical Inc., supra; but see Guidice v. may require or result in the security holder may determine a need to BFG Electroplating and Manufacturing holder taking record title to the property undertake certain actions with respect Co., supra. While mere foreclosure is under the laws of some states. For the to a facility’s operations in order to considered permissible, a security purposes of this proposed rule, preserve the value of the foredosed-on holder that does not endeavor to sell or foreclosure, purchase at foreclosure assets or to prevent a future release otherwise divest itself of foreclosed-on sale, acquisition or assignment of title in (such as by the removal of drummed property runs the risk that it will be lieu of foreclosure, acquisition of a right waste), or to prepare property for safe considered to be possessing the property to title, or other agreement in settlement public access incident to sale or for some purpose other than to protect of the loan obligation, or any other liquidation of assets. Precisely because its security interest in the property, such formal or informal manner by which the a security holder in charge of a facility as for investment. See, United States v. security holder acquires, for subsequent may need to take affirmative action with Maryland Bank and Trust, supra. disposition, possession of the borrower’s respect to the hazardous substances that Existing case law provides little precise collateral, are considered to be actions are known to be present, such mitigative guidance regarding the period of time within the scope of the statutory actions are not considered to be that is considered reasonable for a exemption as necessary incidents to evidence of participation in security interest holder to maintain protection of the security interest. management. possession of foreclosed-on property. However, the temporary acquisition For purposes of this proposed rule, Four years was found too long in United must be reasonably necessary to ensure mitigative or preventative measures that States v. Maryland Bank and Trust, satisfaction or performance of the are environmentally responsible are supra, while four months was found obligation. A security holder’s actions in considered to be actions that preserve reasonable in United States v. M irabile, outbidding or refusing bids from parties and protect the value of the facility and, supra. In addition, the circumstances offering fair consideration for the hence, protect the security interest. facing foreclosing security holders may property are evidence that the property Accordingly, such actions are not vary widely, depending on, among other is no longer being held primarily to considered evidence of participation in things, the nature of the property protect the security interest.10 In this management. Security holders that securing the obligation and local and regard, “fair consideration” refers to an undertake environmentally mitigative national economic conditions. Thus, the amount, taking into consideration the actions should be aware that section time required to dispose of security terms and conditions of the offer, that 107(d), 42 U.S.C. 9607(d), provides that property may vary widely, represents a value equal to or greater no person is liable for CERCLA costs or notwithstanding a security holder’s best than the outstanding obligation of the damages “as a result of rendering care, efforts. Accordingly, EPA believes that it debtor.11 assistance, or advice’’ with respect to To remain within the exemption after is proper to define the obligations of a hazardous substances—even if such security holder seeking to remain within foreclosure, the foreclosing entity must actions result in the release or threat of be acting to preserve the assets of the the exemption following foreclosure (in release of a hazardous substance—so cases where the security holder has not facility for its subsequent sale. This long as the actions taken are consistent means that the security holder must otherwise participated in the facility’s with the NCP, or at the direction of an management prior to foreclosure) undertake to sell or liquidate the On-Scene Coordinator. The NCP, secured all assets, wind up operations, without regard to specific time periods promulgated under CERCLA section 105, within which a sale or other disposition or take other action as appropriate for 42 U.S.C. 9605, specifies the appropriate maximizing the value of the secured must occur. Specifically, this proposal response actions for addressing the provides that a security holder may asset prior to sale as a means to realize release or threat of release of hazardous the debtor’s unpaid obligation. “Winding avail itself of the security interest substances at a facility. 40 CFR part 300, exemption unless the holder fails to take up” is construed as including those 55 FR 6666 (Mar. 8,1990). In addition, a actions necessary to properly and reasonable steps to sell the property, or security holder—or any person—is not rejects or fails to act upon a written responsibly close down a facility’s considered to be liable under CERCLA operations, secure the site, and bona fid e offer for a value equal to or for the release or threatened release of a exceeding the outstanding loan otherwise protect the value of the hazardous substance for which another foreclosed assets for subsequent obligation. party is solely responsible, as provided Under this proposal, a security holder liquidation. See, e.g.. United States v. in section 107(b), 42 U.S.C. 9607(b). Mirabile, supra. In winding up a facility (who did not prior to foreclosure a security holder may undertake all Holding Property for Disposition participate in management) may necessary security measures or take Foreclosure and possession of foreclose, retain possession, and, where other actions that protect and preserve a property incident to sale or liquidation necessary to maintain the value of the facility’s assets. In addition, steps taken is often the only remedy the holder of a secured property, may continue security interest may have to secure functioning the enterprise in order to protect the holder’s security interest, 10 To the extent that the foreclosing lender is performance of an obligation. Several acting “primarily to protect its security interest*' and courts construing section 101(20)(A) without triggering liability under is within the secured creditor exemption, EPA have accordingly indicated that the CERCLA section 107(a)(1), 42 U.S.C. considers that the ownership of the property 9607(a)(1) (pertaining to the liability of remains with the borrower for purposes of the owner or operator of a vessel or CERCLA lien provision. See 42 U.S.C. 9607(1). 12 A security holder also may be under an *1 See infra “Holding Property for Disposition": 40 obligation to protect collateral from loss or facility), unless the holder fails promptly CFR 300.1100(b)(l)(iil) (definition of "fair impairment, or to act in a commercially reasonable to take specific actions to attempt to consideration“). manner. See, e.g., U.C.C. 9-507. dispose of the property, or has rejected 28806 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules or ignored a written bona fid e firm offer outstanding obligation at the time of the proximity in the definitional section of of fair consideration for the property.13 offer, it is reasonable to conclude that CERCLA to refer to the same concept.15 Under this proposal, within twelve the security holder is holding the Section 101(35)(A)(ii) was added by months following foreclosure the property for some reason other than to the Superfund Amendments and security holder must have taken at least protect its security interest, and that the Reauthorization Act (SARA) of 1986, the following actions to sell the section 101(20)(A) exemption is voided. Public Law No. 99-499,100 Stat. 1613 property, in order to avoid triggering (Oct. 17,1986). Where a government potential liability under section Note: That during this period although a entity acquires property involuntarily 107(a)(1): begin advertising the property security holder may be exempt from liability within the meaning of this section, it on at least a monthly basis as being for as an owner or operator of a facility under may be able to assert a defense to sale in either a real estate publication, section 107(a)(1) or section 107(a)(2), liability liability as an “innocent landowner.” or a trade or other publication suitable may still attach under section 107(a)(3) or The innocent landowner defense is part section 107(a)(4). for the property in question, or a of the third-party defense contained in newspaper or general circulation Relationship to CERCLA Lien section 107(b)(3), which works in (defined as one with a circulation over tandem with section 101(35).16 10,000, or one suitable under any In the event that EPA conducts a The relevant sections of the third- applicable Federal, State, or local rules response action at a facility during the party/innocent landowner defense of court for publication required by time that a security holder maintains provide: court order or rules of civil procedure) indicia of ownership to protect a security interest, pursuant to CERCLA Section 107(b): covering the area where the property is “There shall be no liability under [section located; and at any time following six section 107(1), 42 U.S.C. 9607(1), a lien in 107(a)] for a person who can establish . . . months after foreclosure, the security favor of the United States may be that the release or threat of release of a holder must not have rejected, or failed imposed. See Adams, Guidance on hazardous substance and the damages to act upon within 90 days of receipt of a Superfund Liens (EPA, Office of resulting therefrom were caused solely by— written, bona fid e, firm offer of fair Enforcement and Compliance (3) an act or omission of a third party other consideration for the property. For Monitoring, Sept. 22,1987). In addition, than . . . one whose act or omission occurs in connection with a contractual relationship, purposes of this proposal, a "written, should the EPA response action enhance existing directly or indirectly with the bona fide, firm offer” is a legally the value of the facility and result in the defen d a n t. , ., if [the defendant] (a) [has] enforceable offer, containing all material security holder realizing an amount exercised due care with respect to the terms of the transaction, from a ready, greater than that to which the security hazardous substances. . ., and (b) he took willing and able purchaser who holder is entitled under rules of equity, precautions against the foreseeable acts or demonstrates to the security holder’s the United States may seek equitable omissions of any . . . third party . . . ." satisfaction the ability to perform. “Fair Section 101(35): reimbursement under applicable “(A) The term ‘contractual relationship,’ for consideration” under this proposal is an principles of law, of the amount by amount equal to or in excess of the sum the purpose of section 107(b)(3), includes, but which the security holder has been is not limited to, land contracts, deeds, or of the outstanding principal owed to the unjustly enriched or has benefited as a other instruments transferring title or holder, plus any unpaid interest and result of the EPA cleanup. possession, unless the real property on which penalties (whether arising before or the facility concerned is located was after foreclosure), plus all reasonable IV. Involuntary Transfer or Acquisition acquired by the defendant after the disposal and necessary costs, fees or other By A Government Entity or placement of hazardous substances, and charges incurred by the holder incident to foreclosure, retention, continuing A government entity that involuntarily (ii) The defendant is a government entity functioning of the enterprise, and sale of acquires a facility may be entitled to which acquired the facility by escheat, or the property, less any amounts received assert a defense to liability as an through any other involuntary transfer or by the holder in connection with any “innocent landowner” or, in the case of acquisition, or through the exercise of state and local government entities, it eminent domain authority by purchase or partial disposition of the property or net condemnation,. . . revenues received as a result of may be exempt from the definition of In addition,. . . the defendant must. . . continued functioning of the facility. “owner or operator” under CERCLA.14 satisfy] the requirements of section 107(b)(3) Nothing in this proposal requires a The statute refers to “involuntary (a) and (b). (emphasis added.) security holder to hold secured property acquisitions” by government entities in two sections defining the terms used in The defense is available for the longer than it might otherwise do so in govemment-as-owner where the harm order to receive fair consideration, CERCLA: section 101 (20) (D) with respect where business or other considerations to state and local governments, and would prompt a quicker disposition for a section 101(35){A)(ii) with respect to any 18 See generally 2A Sutherland Statutory Construction section 46.06 (4th ed. 1984); ICC lesser amount. However, where a governmental entity. Under the well- Industries, Inc. v. United States, 812 F.2d 894,700 security holder rejects or fails to established principle of statutory (Fed. Cir. 1987) (citing cases). Even though the respond to a bona fid e offer for an interpretation that identical words used language differs slightly between sections, this is amount equal to or greater than the not unusual in CERCLA and does not indicate that twice in a statute are presumed to have Congress intended different meanings in the the same meaning, EPA interprets absence of any legislative history to the contrary. 19 Notwithstanding this exemption from liability Congress’ use of the same term in close See Pennslyvania v. Union Gas Co.,------U.S. as an owner or operator, a security holder in _____ , 109 S.Ct. 2273,_____ (1989) (similar possession of secured property may face potential language in different sections of CERCLA CERCLA liability as provided for under section 14 In addition, section 101(20)(A)(iii), 42 U.S.C. separately waiving State and Federal immunity held 107(a)(3) (affecting persons who arrange for 9601(20)(A)(iii), specifies that where title or control to have the same effect). disposal or treatment of hazardous substances at a of a facility is “conveyed due to bankruptcy, 18 See Guidance on Landowner Liability Under facility owned or operated by another party or foreclosure, tax delinquency, abandonment, or section 107(a)(1) of CERCLA, De Minimis entity and containing such hazardous substances) similar means to a unit of State or local Settlements Under section 122(g)(1)(B) of CERCIA. and section 107(a)(4) (affecting persons who accept government,” the owner of the facility is the person and Settlements With Propsective Pruchasers of for transportation hazardous substances and “who owned, operated, or otherwise controlled Contaminated Property, 54 Federal Regulation 34235 selected the disposal facility). activities at such facility immediately beforehand.” (Aug. 18,1989). Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules 28807 was caused solely by the acts of third may require some intentional or property as a conservator or receiver is parties with which the government purposeful action on the part of the ordinarily pursuant to a clear and direct entity had no “contractual relationship,” government to complete—abandonment, statutory mandate that provides little or provided that certain additional for example, requires government- no discretion with respect to fact and elements specified in section 101(35) initiated proceedings to determine that the manner of acquisition, and without (A)-(B)are also established. Section property has, in fact, been abandoned. regard to the condition of the property 101(35)(A)(ii) lists three situations in See, e.g., United States v. Sylvester, 848 acquired. Such acquisitions are which a government entity has no such F.2d 520, 525 (5th Cir. 1988) ordinarily for limited and non­ “contractual relationship": acquisition (determination of abandonment a proprietary purposes, and often occur through the exercise of eminent domain question of fact). However, once because no entity other than a authority by purchase or condemnation, abandonment, tax delinquency, or government entity is available to serve through escheat, or “through any other bankruptcy has been determined, a state in this capacity with respect to the involuntary transfer or acquisition.” or local government acquiring the property so acquired. The legislative history of section property that was the subject of such Governmental entities that acquire 101(35)(A) does not discuss the issue of proceedings is not considered the assets involuntarily through their involuntary acquistions or transfers to “owner or operator” of the property government entities, and with respect to lending-related activities may acquire because the transfer was “involuntary” both security interests as well as this specific provision notes only that for purposes of CERCLA. In addition, the cost of cleaning up a contaminated section 101(20)(D)’s use of the phrase “or properties wholly owned by the person facility taken by eminent domain may other circumstances in which the from whom the government acquired the be offset against the price paid to the government involuntarily acquires title properties or assets. While all such owner of property as compensation. H. or possession by virtue of its function as assets may be involuntarily acquired Conf. Rep. No. 902, supra, at 187. sovereign" indicates that the exemption within the meaning of this rule, with However, while it is clear that the includes other acquistions in which the respect to security interests so acquired clause is intended to shield a government has property involuntarily the acquiring governmental entity is government entity from CERCLA transferred to it—so long as the permitted to exercise the same rights liability in certain narrow and limited government’s acquisition is by virtue of under the security interest provisions of circumstances when a facility is its function as sovereign. this rule as the prior security holder. involuntarily transferred to the Governmental ownership or control of Where the security interest provisions government in its capacity as sovereign, property by involuntary transfer clearly are unavailable with regard to the assets it is also clear that it is not so broad as includes acquisition that is involuntary so acquired, the “involuntary transfer or to serve as a defense in every instance to the government in its capacity as a acquisition” provisions of this rule may in which the government owns sovereign. Involuntary acquisitions apply. contaminated property, however within the meaning of the statute In addition, all property acquired contaminated or acquired. includes" acquisitions of property in “involuntarily” within the meaning of Section 101(20)(D) contains the which a governmental lending or credit this proposed rule by a governmental statute’s second use of the term institution or financial regulatory entity entity as a conservator or receiver, “involuntary,” and is substantially is assigned, required, appointed, or regardless of whether the property was similar to section 101(35). The section, otherwise obligated to act as a formerly held as an investment property also added by the SARA of 1986, conservator or receiver of a private or for some other purpose by the prior provides an exemption from the lending institution, its assets and owner, is defined to be property definition of "owner or operator” (and property, pursuant to specific enabling obtained through an “involuntary therefore liability under sections 107 legislation. Acquisition under law as a transfer or acquisition” under section (a)(1) and (a)(2)) for state and local conservator or receiver of property is 101(35)(A)(ii) of CERCLA. The manner entities that acquire possession of not materially different from other forms or purpose for which the subject property involuntarily. Section of involuntary acquisitions listed in the property was owned prior to its 101(20)(D) provides (in part): statute, such as transfers to government acquisition is irrelevant for determining The term ‘owner or operator’ does not entities pursuant to abandonment whether the acquisition is "involuntary" include a unit of State or local government proceedings, or as the result of tax for purposes of this rule, and which acquired ownership or control delinquency, or other circumstances in accordingly this rule does not involuntarily through bankruptcy, tax which the government obtains distinguish among former uses of delinquency, abandonment, or other ownership of property by virtue of its property so acquired. Finally, where a circumstances in which the government function as sovereign.17 Acquisition of involuntarily acquires title by virtue of its governmental entity or its designee is function as sovereign. acting as a conservator or receiver of an lT That property may be acquired by virtue of the institution, the general rule that the The section’s legislative history does government’s function as sovereign is not liabilities against the institution’s estate not discuss the “other circumstances” in necessarily dispositive, however; the clear terms of which acquisition of property by state or sections 101(20){D) and 101(35{A)(ii) require that the local governments may be involuntary; acquisition must be involuntary as well. Other U.S.C. 9607(d)(2) (government entity may be liable sections of CERCLA indicate that government for gross misconduct in conducting cleanup action); it only mentions that state and local entities which acquire ownership or possession of id. section 120,42 U.S.C. 9620 (federal government governments will lose the. exemption if facilities under circumstances different that those liable as any nongovernment entity under S 107). they cause or contribute to the release specified in sections 101(20)(D) and 101(35{A)(ii). or Reading the definition of “involuntary” to cover or threat of release of hazardous where the government entity itself is responsible for every instance of governmental ownership as contamination on property owned by it, are subject ownership by virtue of its function as sovereign substances at such involuntarily to CERCLA's liability provisions. See CERCLA would render these other sections meaningless. acquired properties. H. Conf. Rep, No. 101(21), 42 U.S.C. 9601(21) (federal, state, and local Pennsylvania v. Union Gas Co., **** U.S.___ , 109 S. 962,99th Cong., 2d Sess., at 185-86 governments included in definition of “person”); id. CL 2273,___ (1989) (the narrow exclusion from (1986). section 101(20)(D), 42 U.S.C. 9601(20)(D) (loss of liability provided for states in section 101(20)(D) is exemption for involuntarily acquired property by meaningful only because “Congress intended that The examples of “involuntary” state or local government where entity caused or States be liable along with everyone else for acquisition given in section 101(20)(D) contributed to release); id . section 107(d)(2), 42 cleanup costs. . . . ”). 28803 Federal Register / Vol. 50, No. 121 / M onday, June 24, 1991 / Proposed Rules are limited to the estate’s assets will that hold security interests in interest includes the initial holder (such apply, and such liabilities do not extend contaminated facilities, EPA certifies as the loan originator), and any to the assets of the conservator or r: that today’s proposed rule would not successor-in-interest, including a receiver. have aj significant impact on a subsequent purchaser on the secondary As part of this proposal, EPA is also substantial number of small entities. market, loan guarantor or insurer, or seeking comment on the following C. Paperwork Reduction A c t other person who holds a security language concerning the United States’ interest under the applicable law potential liability when it acquires This proposed rule does not have any governing the transaction. property pursuant to federal criminal or information collection requirements (2) A borrower, debtor, or obligor is a civil seizure or forfeiture statutes. under the provisions of the Paperwork person whose vessel or facility is Reduction Act of 1980,44 U.S.C. 3501 et Specifically, the Justice Department has encumbered by a security interest. seq. opined that federal governmental These terms may be used agencies that seize property under List of Subjects in 40 CFR Part 300 interchangeably. federal forfeiture and seizure laws are entitled to the CERCLA liability defense Hazardous substances, (b) Primarily to protect a security found in sections 107(b) and 101(35). Intergovernmental relations, Superfund. interest for the purposes of section With this understanding, EPA is For the reasons set out in the 101(20)(A) of CERCLA means that the considering the following language for preamble, title 40, chapter I, part 300 is indicia of ownership in the vessel or possible inclusion in the final rule: proposed to be amended as follows: facility are held for the purpose of securing payment or performance of an Acquisition of property by any department, agency, and instrumentality of the executive, P A R T 300— N A T IO N A L O IL AN D obligation. Recognized transactions that legislative, or judicial branch of the federal HAZARDOUS SUBSTANCES may create security interests include government pursuant to any forfeiture or POLLUTION CONTINGENCY PLAN mortgages, certain types of liens, forms seizure law or authority of the United States of conditional sales, installment sales, shall be deemed to be an involuntary transfer 1. The authority citation for part 300 trust receipt transactions, certain within the meaning of CERCLA Section continues to read as follows: assignments, factoring agreements, or 101(35)(A)(ii), This language is being repeated Authority: 42 U.S.C. 9601-9657; 33 U.S.C. accounts receivable financing in the regulatory text of this proposed rule. 1321(c)(2); E .0.11735, 38 FR 21243; E .0.12580, arrangements, and some forms of leases V. Regulatory Assessment Requirements^ 52 FR 2923. or consignments, among others. Whether 2. Part 300 is proposed to be amended a sale-and-leaseback, conditional sale, A. Executive Order 12291 by adding subpart L to read as follows: installment sales contract, or any other Under Executive Order 12291, EPA Subpart L— National Oil and Hazardous transaction creates a security interest must judge whether a rule is “major” Substances Pollution Contingency Plan; within the meaning of the security and therefore requires a Regulatory Lender Liability Under CERCLA interest exemption under CERCLA is Impact Analysis. EPA has determined determined by the facts of each case that this proposed rule is not a “major Sec. 300.1100 Security interest exemption. and whether a security interest is rule” because it will not have an annual 300.1105 Involuntary acquisition of property created under applicable law. The term effect on the economy of $100 million or by the government. “security interest” does not include an more. By establishing criteria for ownership interest in property held for determining which parties fall within the Subpart L—National Oil and Hazardous investment purposes, nor ownership “secured creditor” exemption under Substances Pollution Contingency indicia held for purposes other than as CERCLA section 101 (20) (A) and which Plan; Lender Liability Under CERCLA protection for a security interest. governmental entities should be entitled (1) Foreclosure, Holding for to argue that they have involuntarily § 300.1100 Security interest exemption. acquired a facility under CERCLA (a) Indicia of ownership as used in Disposition and Liquidation—(i) section 101(35)(A)(ii), this proposal section 101(20)(A) of CERCLA means Foreclosure. Indicia of ownership that could potentially result in costs savings evidence of interests in real or personal are held “primarily to protect [a] to holders of security interests which property held as security for a loan or security interest” may include full legal may have previously been held liable other obligation, including full title to title acquired through foreclosure, under CERCLA sections 107(a)(1) or real or personal property acquired purchase at foreclosure sale, acquisition 107(a)(2). In addition, this proposed rule incident to foreclosure and its or assignment of title in lieu of imposes no new requirements or equivalents. Examples of such indicia foreclosure, acquisition of a right to title, reporting obligations upon a person who may include, but are not limited to, a or other agreement in settlement of the holds a security interest, or upon a mortgage, deed of trust, or legal title loan obligation, or any other formal or person whose property is encumbered obtained pursuant to foreclosure or its informal manner by which the security by a security interest. This proposal is equivalents, or an assignment, lien, holder temporarily acquires, for not a major regulation; therefore, no pledge, or other right to or other form of subsequent disposition, possession of Regulatory Impact Analysis is required. encumbrance against property that is the borrower’s collateral, and are recognized under applicable law as necessary incidents to protection of the B. Regulatory Flexibility Act establishing a bona fid e security security interest. A security holder’s In accordance with the Regulatory interest. If a defendant claims the actions in outbidding or refusing bids Flexibility Act of 1980, agencies must exemption the plaintiff has the burden from parties offering fair consideration evaluate the effects of a regulation on of establishing that the defendant is the for the property are evidence that the small entities. If the rule is likely to have owner or operator as provided in this property is not held primarily to protect a “significant impact on a substantial regulation. the security interest. “Fair number of small entities,” then a (1) A holder of a security interest is a consideration” refers to an amount, Regulatory Flexibility Analysis must be person who holds indicia of ownership taking into consideration the terms and performed. Because this proposal may in a vessel or facility to protect a conditions of the offer, that represents a result in cost savings for small entities security interest. A holder of a security value equal to or greater than the Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules 28809 outstanding obligation of the debtor, as operational affairs by the holder of the the borrower’s compliance with defined in 40 CFR 300.1100(b)(l)(ii). security interest, and does not include applicable federal, state, and local (ii) Holding Property for Disposition the mere capacity, or ability to environmental and other rules and and Liquidation. A security holder, who influence, or the unexercised right to regulations during the life of the loan or did not participate in management prior control facility operations. A security security interest; securing authority for to foreclosure, may, without incurring holder is considered to be participating the holder of the security interest to liability under CERCLA section in management if, while the borrower is periodically or regularly monitor or 101(20)(A), foreclosure, sell, liquidate, still in possession, thè security holder is inspect the vessel or facility in which wind up operations, or retain and either: the security holder possesses indicia of continue functioning the enterprise in (1) exercising decisionmaking control ownership (including site inspections) or order to protect the value of the secured over the borrower’s environmental the borrower’s business or financial asset prior to sale as a means to realize compliance, such that the security condition; or other requirements or the debtor’s unpaid obligation pending holder has undertaken responsibility for conditions reasonably necessary for the sale, liquidation, or other disposition of the borrower’s waste disposal or security holder to adequately police the the property, without incurring liability hazardous substance handling practices loan or security interest, or to comply under CERCLA section 107(a)(1). A which results in a release or threatened with legal requirements. Such security holder retains this exemption release; or requirements may be contained in unless: (ii) exercising control at a contractual documents or other relevant (A) The holder fails, within twelve management level encompassing the documents specifying requirements for months following foreclosure, to list the borrower’s environmental compliance financial, environmental, and other property with a broker, dealer, or agent responsibilities, comparable to that of a warranties, covenants, and who déals with the type of property in manager of the borrower’s enterprise, representations or promises from the question, and begin advertising the such that the security holder has borrower. property as being for sale or disposition assumed or manifested responsibility for on at least a monthly basis in either a the management of the enterprise by (iii) W ork Out. The holder of a real estate publication, or a trade or establishing, implementing, or security interest may act with respect to other publication suitable for the maintaining the policies and procedures the vessel or facility to secure or property in question, or a newspaper of encompassing the day-to-day safeguard the security interest from loss general circulation (defined as one with environmental compliance without being considered to have a circulation over 10,000, or one suitable decisionmaking of the enterprise. participated in management. “Work out” under any applicable federal, state, or (2) Actions That Are Not Participation activities will not void the exemption local rules of court for publication in Management.— provided that the actions are taken in required by court order or rules of civil (i) Actions at the Inception of the the course of protecting the security procedure) covering the area where the Loan or Other Transaction Giving Rise interest. Work out activities must be property is located; or to a Security Interest. No act or structured to protect and preserve the (B) If at any time after six months omission prior to the creation of a security interest in an effort to prevent following foreclosure the security holder security interest constitutes evidence of default of the obligation or the rejects, or does not act upon within 90 participation in management within the diminution in value of the security. days of receipt of a written, bona fide, meaning of section 101(20)(A). The When the holder of a security interest firm offer of fair consideration for the holder of a security interest who undertakes work-out activities, provides property. A “written, bona fide, firm undertakes or requires an environmental financial or other advice, or similar offér” is a legally enforceable offer, inspection of the vessel or facility in support to a distressed borrower, the including all material terms of the which indicia of ownership are held is security holder will remain within the transaction, from a ready, willing, and not by such action considered to be exemption unless the holder participates able purchaser who demonstates to the participating in the vessel or facility’s in management, as specified in 40 CFR security holder’s satisfaction the ability management, nor is such ongoing 300.1100(c)(1). Work out activities to perform. “Fair consideration” is an involvement with the borrower that include, but are not limited to, amount equal to or in excess of the sum responds to the inspection by ensuring restructuring or renegotiation of the of the outstanding principal owed to the that the vessel or facility remains or is terms of the loan or other obligation, holder, plus any unpaid interest and maintained in compliance with all payment of additional interest, penalties (whether arising before or applicable requirements considered to extension of the payment period, after foreclosure), plus all reasonable be evidence of management specific or general financial advice, and necessary costs, fees or other participation. Neither the statute nor this suggestions, counseling, guidance, or charges incurred by the holder incident regulation require a holder of a security other actions reasonably necessary to to foreclosure, retention, continuing interest to conduct an inspection to protect the security interest. functioning of the enterprise, and sale of qualify for the inspection, and the the property, less any amounts received liability of a holder of a security interest § 300.1105 Involuntary acquisition of by the holder in connection with any cannot be based on or affected by a property by the government. partial disposition of the property or net failure to conduct an inspection. Governmental ownership or control of revenues received as a result of (ii) Policing the Security Interest or property by involuntary transfer within continued functioning of the facility. Loan. Actions that are consistent with the meaning of CERCLA section (2) [Reserved] protecting a security interest do not 101 (35) (A)(ii) includes acquisition by the (c) Participation in Management constitute participation in management government in its capacity as a Defined— for purposes of section 101(20)(A) of sovereign. An involuntary acquisition (1) Actions That Are Participation in CERCLA. Such actions include, but are includes the transfer to a government Management Participation in the not limited to, a requirement that the entity pursuant to abandonment management of a facility means, for the borrower clean up the vessel or facility proceedings, as the result of tax purpose of section 101(20)(A), actual prior to or during the term of the security delinquency, escheat, or other participation in the management or interest; a requirement of assurance of circumstances in which the government 28810 Federal Register / Vol 56, No. 121 / Monday, June 24, 1991 / Proposed Rules involuntarily obtains ownership or pursuant to a clear and direct statutory federal government pursuant to any control of property by virtue of its mandate. An involuntary acquisition forfeiture or seizure law or authority of function as sovereign, including also includes the acquisition of assets the United States shall be deemed to be situations in which a government entity through foreclosure or other means by a an involuntary transfer within the or its agent (which includes federal, state, or local governmental meaning of CERCLA section governmental lending and credit entity in the course of administering a 101(35)(A)(ii).” institutions, loan guarantors, and governmental loan or loan guarantee Dated: June 5,1991 financial regulatory entities which program. Additional language under F. Henry Habicht, consideration: “Acquisition of property acquire security interests or properties Acting Administrator: of failed private lending and depository by any department, agency, and institutions) is assigned or required to instrumentality of the executive, [FR Doc. 91-14448 Filed 6-21-91; 8:45 amj act as a conservator or receiver legislative* or judicial branch of the BILLING CODE 6560-50-M Monday June 24, 1991

Part HI

Department of the Interior

Fish and Wildlife Service

50 CFR Part 20 Migratory Bird Harvest Information Program; Proposed Rule 28812 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules

D E PA R T M EN T O F TH E INTERIO R nonresponse problems; national surveys book, Management of Shore and Upland of the harvest of other migratory game Game Birds, the Association listed Fish and W ildlife Service birds are lacking. State harvest surveys initiation of a national survey for provide some information but cannot nonwaterfowl migratory game birds, 50 CFR Part 20 produce coordinated national or with a required permit or other sampling RIN 1018-AB65 regional estimates. To provide improved frame, as the number one priority among migratory bird harvest estimates, the research and management needs. Migratory Bird Harvest information Fish and Wildlife Service intends to In 1978, the National Program P rogram revise the migratory bird hunting Planning Group was directed by the regulations to require all migratory bird Association’s Migratory Wildlife a g e n c y : Fish and Wildlife Service, hunters to have a Migratory Bird Committee to develop alternatives for Interior. Harvest Information Program Card addressing deficiencies in migratory a c t i o n : Notice of intent. (Card) in their possession while they are bird harvest data. In 1979, this task force hunting migratory birds. Some States proposed establishment of a national s u m m a r y : This document announces the may choose to combine this requirement intention of the Fish and Wildlife permit required of all migratory bird with a State license requirement hunters. A nominal fee to cover Service (hereinafter the Service) to Hunters would be required to supply establish a National Migratory Bird administrative costs and provide their names and addresses as a management program funding was Harvest Information Program. This condition for obtaining the Card. The notice provides the public with suggested. The Migratory Wildlife names would provide a sampling frame Committee rejected the proposal and information about the need for such a for an expanded Migratory Bird Harvest program and the procedures that may be instructed the task force to consider an Survey. All records of hunters* names alternative whereby State surveys might necessary to implement it. The notice and addresses would be deleted after will allow the Service to receive public be utilized to satisfy harvest data needs. each annual survey and no permanent A select committee of State, Federal and comment and suggestions in advance of records of names and addresses would preparing a proposed rule, and therefore University employees with expertise in be maintained by the Fish and Wildlife survey design was named to examine to develop proposals from a more Service (Service). Cards would be complete information base. this option. In their 1980 report to the distributed by State wildlife agencies National Program Planning Group, this DATES: Written comments pertaining to through their hunting license vendors. committee concluded that State surveys the intended establishment of a National The Service would provide the Cards to could not satisfy harvest data needs for Migratory Bird Harvest Information the State agencies without charge, but migratory birds. Program should be received on or before the State agencies may require a small August 1,1991. In 1980, the Service in cooperation handling fee to cover their with several States attempted to ADDRESSES: Written comments should administrative costs and to compensate augment the sample of waterfowl be sent to: Director (FWS/MBMO), U.S. their license vendors. The Program hunters from the Federal Duck Stamps Fish and Wildlife Service, Department would be phased-in, starting with a few with a sample of other hunters from of the Interior, Office of Migratory Bird States in 1992. The Program would be State license files. The attempt failed Management, route 197 and Powder Mill expanded to other States at the rate of because of problems resolving Road, Laurel, Maryland 20708-9619. about 10-15 States per year starting in differences between State surveys and Comments received will be available for 1994 with the States that have the obtaining hunter names in time for the public inspection during normal largest migratory bird harvest All States would be required to comply by 1998. survey. business hours in room 226, Gabrielson In 1990, the Association unanimously Laboratory, Patuxent Wildlife Research Historical Review recognized the deficiencies in harvest Center, route 197 and Powder Mill Road, Wildlife professionals have long data for migratory birds and Laurel, Maryland. recommended that the Service publish a FOR FURTHER INFORMATION CONTACT: recognized the need for reliable harvest data to guide management decisions. proposed rule in the Federal Register to Paul H. Geissler, Chief, Waterfowl establish a regulation that all migratory Harvest Surveys Section, Office of States have established surveys to meet their individual needs for resident bird hunters annually obtain a national Migratory Bird Management, Ui>. Fish migratory bird hunting program card. and Wildlife Service, Laurel, Maryland games species, and a Federal waterfowl harvest survey has been conducted Distribution and administration of this 20708-9619 (301) 498-0401, FAX (301) Card would be the responsibility of the 498-0222. since 1952. During the past 25 years, several initiatives were begun to individual States. The Service also SUPPLEMENTARY INFORMATION: Under establish a basis for improving and acknowledges weaknesses in the the Migratory Bird Treaty Act (16 U.S.C. expanding surveys to other methods now used to estimate harvest 703-711) the Secretary of Interior has nonwaterfowl species. Between 1967 of migratory birds and intends to use responsibility for setting appropriate and 1983, eight Congressional bills were this expansion of current survey regulations for the hunting of migratory drafted advocating a national permit for methods to improve the extent and birds, with due regard for maintaining webless migratory shore and upland quality of information on all migratory such populations at healthy levels. The game birds to provide a sampling frame bird harvest. The purpose of the Fish and Wildlife Service Act of 1956 (16 for generating harvest estimates and to proposed rule will be to implement the U.S.C. 742 a-d and e—j) more specifically provide modest income for funding recommendations of the States authorizes collection of such information needed research and management expressed through the Association. as is necessary to determine appropriate projects for these species. In 1969, a regulations. Description of Current Migratory Bird committee of the International Harvest Surveys Harvest estimates are one of the Association of Fish and Wildlife primary management tools. Waterfowl Agencies (Association) proposed that a The Federal Waterfowl Harvest harvest is currently monitored by a national woodcock harvest survey be Surveys provide some of the information national survey that has severe established, and in its 1977 landmark that is used to set Federal hunting Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules 28813 regulations. The estimates are provided • (24%)(54%}(65%) =8% overall dove season must be available by June in administrative reports prior to the response rate of the intended sample. of 1991. July public hearings. There are two • There is no legal requirement to Use of State lists, where available, harvest surveys. The Hunter Survey return the cards. would not permit distribution of hunter estimates the duck harvest, goose Twenty-seven percent of duck stamps records forms early in the hunting harvest, coot harvest, and days of are sold by stores. Stores are not season. Budget constraints often prevent hunting. The harvest of mourning dove, compensated for distributing name and States from conducting harvest surveys woodcock, snipe, sora rad, other rads, address cards and have no obligation to during certain years or could cause gallínula, white-winged dove, band­ cooperate. On the other hand, these some States to eliminate them tailed pigeon and sandhill crane by vendors are usually compensated for completely. Previous attempts to use waterfowl hunters is also estimated. The selling State hunting licenses and State State information have not been Parts Survey estimates the species, age duck stamps. A system that also successful because of the difficulty in and sex composition of the harvest, and compensates vendors for obtaining the reconciling State survey differences. the distribution of harvest by date and names and addresses of National county. There is also a separate sandhill Harvest Information Program Card Advantages of Proposal crane harvest survey that uses names purchasers would be a major Requiring Survey Cards from all and addresses from sandhill crane improvement. migratory bird hunters would provide a permits. Hie primary purpose of dude stamps current list of names and addresses from Each year, a random sample of 3,400 is to raise funds for wetland acquisition, which a sample could be drawn for a post offices is selected from the 16,000 and they are being aggressively national Migratory Bird Harvest Survey. post offices that sell Federal Duck marketed to both hunters and All migratory bird hunters would be Stamps. Sample post offices are asked nonhunters. Stamps are sold through the included, not jnst waterfowl hunters, to distribute survey cards to Duck Postal Service, National Wildlife making precise estimates of dove, Stamp purchasers cm a cost- Refuges, and directly to vendors, such as reimbursable basis. Other Duck Stamp woodcock, snipe, rail and other sporting goods stores. Sales through migratory game bird harvests possible outlets such as stores, national wildlife multiple outlets make it difficult to track refuges and conservation agencies are for the first time. Waterfowl harvest the stamps and identify the purchasers estimates would be improved and also sampled. About 64,000 survey cards who are hunters. This problem makes are returned. Of these, 57,000 further deterioration of the present the estimation of the waterfowl harvest estimating system would be avoided. respondents who plan to hunt waterfowl more complicated each year. are sent a questionnaire after the Hunters less than 16 years old are not An improved sampling frame would hunting season. Nonrespondents are required to purchase a duck stamp and increase efficiency and reduce costs of sent a follow-up questionnaire. About are excluded from the current harvest State harvest surveys. The Service will 37,000 questionnaires are returned. survey and there is no direct estimate of cooperate with States in providing Successful waterfowl hunters who their harvest. surveys to meet special management respond to the Hunter Survey are needs. Increased cooperation between requested to contribute to the Parts State Harvest Surveys Cannot Provide Federal and State agencies would Survey duck wings and goose tails from Adequate National Estimates of reduce duplication of survey efforts. the birds they shoot. About 33,000 Waterfowl and Other Migratory Bird Response rates would be increased by hunters contribute 84.000 duck wings Harvests compensating vendors for distributing and 21,000 goose tails each year. Some States do not conduct annual the permits. Hunters also report the date, time and hunting surveys or maintain accessible Some hunting seasons have been county where each bird was taken. The lists of hunter names and addresses. The threatened by legal action because of parts are mailed to a central location in lists may be maintained at vendors or lack of adequate harvest estimates. each flyway. State and Federal county seats and often are not available Improved estimates of both population biologists meet at these locations in from a centralized location. Comparable sizes and harvest are needed to assure January and February to determine the information is not available from all that hunting does not threaten migratory species, age and sex of the birds. States because each State has different bird population levels. Problems with the Current M igratory licensing laws regulating who must buy Survey Procedures Bird Harvest Surveys a hunting license and different survey procedures. Some hunters can legally The National Migratory Bird Harvest Of the five million migratory bird hunt without an annual State license. Information Program (Program) would hunters, 2.3 million hunt only Hunters may buy more than one type of be phased-in, starting with a few States nonwaterfowl species, but they are not license in a single State and may buy on January 1,1992. All persons hunting sampled to determine their hunting licenses from more than one State, migratory birds in specified States after success. introducing duplication problems. July 1,1992, would be required by Low response rates indicates that oui Many State license lists are not Federal regulation to have in their waterfowl harvest estimates can have available in time for survey results to be possession a signed separate Program serious errors. useful for promulgating regulations for Card or a signed combination of • 24% of people who buy Federal the following year. Harvest information Program Card and other State license Duck Stamps at sample post offices are for a given year must be ready at the requirement. A combination system given survey cards by post office time proposals are developed for the must retain separate enough identities of personnel. following year. Proposals are developed the State and Federal requirement to • 54% of those who receive cards in late June for waterfowl seasons, but allow the Federal part to be valid in any return them with their name and are developed in June for webless State regardless of the State in which it address. migratory birds seasons and for certain was purchased. Program Cards would • 65% of those who are sent waterfowl seasons. For example, be valid from July 1 until June 30 of the questionnaires return them. harvest information from the 1990-91 following year. 28814 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Proposed Rules

The Program Card would bear the text Number bagged last season in privacy, Survey Cards not selected for a “Migratory Bird Harvest Information survey would be destroyed by the Program,” year issued, “Void after June None 1-10 11 + Service immediately after the sample is 30,19.__” and a serial number selected and no records of the names or assigned by the Service. There would be addresses would be kept. As soon as a a space for the hunter’s signature. The hunter responds to a survey, all records Service would print and distribute of his/her name and address would be Program Cards to the States without Woodcock...... deleted by the Service. Names and charge by December 1 of each year, addresses of iionresponding hunters maintaining a list of serial numbers sent Please mark if you hunted these birds would be deleted by the Service at the to the State. A Survey Card would be last season____Band-tailed Pigeons, end of each annual survey. attached to each Program Card. The ___ Coots,— Cranes, _ _ Crows, Vendors would return unused Survey Card would have space for the ___ Gallinules,___ Rails,----- Snipe Program Cards to a designated location hunter’s name and address and for the within 30 days after the end of migratory other questions described later. States (This question would identify what groups of species the respondent has bird hunting seasons in their States. The would distribute Program and Survey Service would provide States with a Cards to migratory bird hunters through hunted and would identify those who harvest large numbers of birds. Those monthly accounting of Program Cards its license vendors, maintaining a list of and a final accounting by May 1 of each serial numbers sent to each vendor. The who are very successful and those who hunt less-commonly hunted species year. States would follow-up with State would provide the Service with vendors who have not accounted for all that list of serial numbers by April 1 would be sampled at a higher rate to substantially increase the efficiency and their cards. each year. The State may charge hunters The Service would conduct surveys a small handling fee to cover the State’s reduce the cost of the hunter surveys. No bias would be introduced. A and provide migratory bird harvest and administrative costs and the vendor’s waterfowl age ratio estimates prior to distribution costs. separate hunter survey would be conducted for duck, goose, and coot the annual hunting regulations meetings. State hunting license vendors would Survey procedures would be the same distribute Program Cards only to hunters hunting, for dove, woodcock, and band­ tailed pigeon hunting: and for snipe, rail, as the existing Waterfowl Harvest who complete a Survey Card giving their Surveys except that the hunter names name and complete address. It would be gallinule, and crane hunting to reduce the burden on individual respondents. would come from the Survey Card the policy of the Service and the State to instead of from Federal Duck Stamp use the names and addresses only for No one would be asked to participate in conducting hunter surveys and for no more than one survey.) purchasers. other purpose. Vendors would mail If a combination Program Card/State List of Subjects in 50 CFR Part 20 completed Survey Cards first class to license requirement is used, specific specified locations within 4 days after details will have to be worked out on a Exports, Hunting, Imports, Reporting the Program Card is provided to the State-by-State basis. Combination and recordkeeping requirements, hunter. systems would also have to meet similar Transportation, Wildlife. Survey Cards would have a standard criteria on format and accountability as Authority: The Migratory Bird Treaty Act format that would allow machine a separate Program Card. of July 3 ,1918, as amended (16 U.S.C 701- processing and would have room for The Service would select a sample of 711); the Fish and Wildlife Service Act of questions in addition to the hunter's hunters for the harvest surveys. Personal August 8,1956, as amended, (16 U.S.C. 742 a- d and e-j); and the fish and wildlife name and address. The State and the letters, enclosing hunting record forms, improvement Act of November 8,1978, as Service would have equal areas for would be mailed to selected hunters amended, (18 U.S.C. 712). additional questions. The Service’s within 2 weeks of receipt of the names Dated June 14,1991. questions would be: and addresses. At the State’s request, • Is this the first Migratory Bird another sample of hunter names and Richard N. Smith, Harvest Information card you have addresses derived from the Survey Acting Director, U.S. Fish and Wildlife obtained this hunting season? YES___ Cards would be express-mailed to the Service. . NO___ (This question would identify State within 1 week of receipt of the [FR Doc. 91-14848 Filed 6-21-91; 8:45 am) duplicate cards.) Survey Cards. To protect hunters’ BILLING CODE 4310-55-4» 1

Reader Aids Federal Register Vol. 56, No. 121 Monday, fane 24, 1991

INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING JUNE

Federal Register At the end of each month, the Office of the Federal Register Index, finding aids & general information 523-5227 publishes separately a List of CFR Sections Affected (LSA), which Public inspection desk 523-5215 lists parts and sections affected by documents published since Corrections to published documents 523-5237 the revision date of each title. Document drafting information 523-5237 3 C FR Machine readable documents 523-3447 958..™...... 26895 Proclamations: 1230™...... 26589 Code of Federal Regulations 6179 (See Proc. 1421...... 26853, 28033 6301)...... 26887 1435...... 128034 Index, finding aids & general information 523-5227 6300...... 25609 1477...... 26761 Printing schedules 523-3419 6301...... 26887 1493...... 25998 6302...... 27189 1494...... 25005, 26323, 28037 Laws 6303...... 27397 1610...... 26590 1700...... 25348 Public Laws Update Service (numbers, dates, etc.) 6304 . 27399 523-6641 1735...... 26590 Additional information 523-5230 6305 ...... 27685 6306.. . 27885 1737...... 26590 1744...... 26590 Presidential Documents Executive Orders: 1930...... 28037, 28469 11157 (Amended by Executive orders and proclamations 523-5230 1944...... 28309, 28469 EO 12762)...,...... 25993 Public Papers of the Presidents 523-5230 1945...... ’.28310 11269 (Amended by Weekly Compilation of Presidential Documents 523-5230 1948...... 28037 12766)..... 28463 1951...... 25350, 28037 The United States Government Manual 17160 (Amended by 1965...... 25350, 28037 12766)...... 28463 General information 523-5230 Proposed Rules: 12748 (See 12764)...... „26587 28...... 27999 Other Sendees 12762...... 25993 801...... 26944 12763 ...... 25994 1005 25375 Data base and machine readable specifications 523-3408 12764 ...... 26587 1207™...... 28503 Guide to Record Retention Requirements 523-3187 12765 ...... 27401 Legal staff 1427...... 27902 523-4534 12766 ...... 26463 1435...... 26777 Library 523-5240 Administrative Orders: Privacy Act Compilation 1600„...... 281 T9 523-3187 Memorandums: 1924...... 28350 Public Laws Update Service (PLUS) 523-6641 June 10,1991...... 28465 TDD for tiie hearing impaired 1980...... 28351 523-5229 Presidential Determinations: 3403™...... 25600 No. 91-37 of May 29, 1991...... 25611 8 CFR FEDERAL REGISTER PAGES AND DATES, JUNE No. 91-38...... 28683 204...... 28311 No. 91-39 of June 3, 209— ...... 26897 25005-25344...... 3 1991..... 27187 214...... 26016 25345-25608...... 4 No. 91-40 of June 5, 245...... 28311 25609-25992...... 5 1991...... 28467 251...... 26016 25993-26322...... 6 258...... 26016 26323-26588...... 5 C F R 26589-26758...... 10 280— ...... 26019 26759-26894...... 11 572...... „..28307 Proposed Rules: 26895-27188______12 890...... 25995 214...... 27211 27189-27402.______13 1620™..... 26722 274a,...... 27211 Proposed Rules: 27403-27686______14 9 CFR 27687-27888...... 17 351...... 27695 27889-28032...... 18 581...... 28350 Proposed Rules: 28033-28306...... 19 930...... 26942 11...... 26043 28307-28466.....‘...... _20 166...... 26898 7 C F R 28467-28682...... _ ...... 21 10 CFR 28683-28814 24 ic ...... 28003 2...... 25997, 27889 745...... 28003 30...... 25613 Proposed Rules: 46...... 26759 20...... 26945 52.______27896 35...... 26945 5 6 -...... 25721 73...... 26782 301.... 26191 3 5 4 .„„...... 26895 12 CFR 777— ...... 25345 7...... 28314 921™...... 28307 23...... 28314 922.„...... 28307 25...... 26899 923™...... 28307 228...... 26901 924.. .„ ...... 28307 265...... 25614 948— ...... 26895 345™...... 26903 953...... 26895 563d...... 26904 11 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Reader Aids

602.. ..™.;.™ ™...... ™.... 28474 16 CFR 206™.....;...... 27999 913____ ...... 26191 603...... 28474 305...... 26763 207...... :...... 27999 920...... — :...... ™....;.. 28481 1609...... ;..,...... ,...... 25352 1028.. .™..... 28003 211...... 26719 931...... ™...... :.,....™.28484 Proposed Rules: 1211...... 28050 314...... 27999 935...... 26032 331...... 26946 19..... „...™...... 27790 Proposed Rules: Proposed Rules: 1310...... ;__ 27471 207...... 25641 1500...... 25721 250...... 27929 220...... 25641 1313..... 27472 916...... ;..™...... ,.,.....;..... 27473 263...... 27790 17 C FR 946...... 27708 22 CFR 308...... 27790 4...... 28054 31 C F R 508.. ..™. ..27790 200...... 27194 89...... 26853 509...... 27790 240...... 28320 225...... 28003 570...... :...... 26034 512...... ;...... 27790 270...... 26028 521...... 25027 513...... _ ...... ¿1.27790 Proposed Rules: 32 C F R 747.. ..__ ...... ™.™™___ 27790 Proposed Rules: 200.. ..:...... 27582 43...... 25386 Ch. L.™ ..,...... 28003 936...... ;...... 26346 210...... 27562 1507...... 26352 23 C FR 169...... 28003 229 ...... 27612 199...... 25039, 28486 13 CFR 230 . 27564-27582 Proposed Rules: 219...... 28003 239...... 27564-27582 650...... 25392 286»..™...... ™...___ ...... 26613 Proposed Rules: 240...... 25056, 27562-27612 295...... 26613 122...... 25378 24 C FR 249...... i. 27612 552...... 25039 Ch. I...... *...... 28703 14 CFR 260...... 27582 286b...... 25629 60...... 28003 636.. ™...... 28077 39...... ;....25021, 25353-25362, 18 C FR 203...... 27690, 27900 2003...... 27559, 27901 26020-26024,26325,26601- 235...... 27662 26612,26762,26906-26908, 2...... 27194 Proposed Rules: 750...... 27070, 27104 156™...... 26634 27403-27559,27687,27688, 19 C FR 885...... 27104 28042,28318,28479,28685- 199...... 26635, 26946 4 ...... 27559 889...... 27104 28689 890...... 27070, 28589 61...... 27160 24...... 25721 33 C F R Proposed Rules: 63...... 27160 162...... 25363 100...... 25042, 26329-26335, Proposed Rules: 571...... 28666 26764 65...... 27160 905...... 26628 71...... 26025, 26026,26719, 162 .... 25383 117...... 25369, 26765, 26909, 27191,28043-28047,28690 965...... 26628 27692,28708 20 C FR 165...... 25630-25632, 26766- 73...... 26026 26 C FR 75...... 26326 216.. . .. 28691 26768,27409,28488 97...... 26027, 27404,27689 323...... 26327 1...... 28056 Proposed Rules: 108...... 27866 330...... 28701 31...... 26191 1...... 28448 121...... 25450 404...... 26030 42...... 25364 100...... 26357 125...... 25450 416...... 25446 602...... 25364, 28056 117...... 25397, 26358, 26792, 127...... 25450 Proposed Rules: 701...... 27999 26948,27708,28733 129...... 25450 200...... 28731 Proposed Rules: 241 ...... 27218 135...... 25450 259...... -...... 28732 1...... 27707, 27907, 27927, 2 42 . 25643 1214 . 27899 28123,28124 1215 ...... 28048 21 CFR 156...... 26631 34 C F R 1230...... 28003 5 ...... 25024 301...... 27928 97...... 28003 14...... 26613 350...... 28003 Proposed Rules: 28 C FR Ch. 1...... 28122,28720 50...... 28025 356...... 28029 ...... 25628 21...... 28720, 28723 56...... 28025 0...... Proposed Rules: 25...... 28720, 28723 177...... 25446 46...... 28003 .318...... 27474 39...... 25051, 25052,25379, 510...... :...... 27196 51...... 26032 325...... 26856 25380,26621-26624,27467, 630...... 27786 Proposed Rules: 328...... 27481 27468,28726-28730 1306...... 25025 2 0 ...... 25642 71...... 25381, 25382, 26025,Proposed Rules: 36 C F R 29 C FR 26355,26625,26626,27217, 101...... 28952 251...... 27410 27654,28122 130 ...... 28592 1910...... 2 6 9 0 9 293...... 27410 73...... 1 2635631 . 28589-28592 1949...... 28076 1222...... 26336 75...... 25382, 26627 133...... 28592 2619...... 27405 91...... 27654 135..... 28589-28592 2676...... 27406 37 C F R 201 ..... 27696 136...... 28592 Proposed Rules: 202 ...... 27696 201 ...... 27196 137...... 28592 578...... 25168 202 ...... 27196 204.. ;.... 27696 139...... 28592 2510...... 28638 Proposed Rules: 291...... 27696 145 ...... 28592 2550...... 26045 302...... 27696 1 26949,27999 146 . 28592 2617...... 28642 2*'" 27999 399...... 27469 150...... 28592 30 C FR 3™™.™"™.™'™...... 27999 15 CFR 152...... 28592 155...... 25385, 28589 2 2 0 ...... 26032 38 C F R 27...... 28003 156...... 28592 700...... 25036 295...... 25363 158...... 28592 722...... 28442 1.. ... 25043, 28226 775 .. 25022 160..... 28592 723...... 28442 3 25043, 28226 1 6 " .... 28003 776 ...... 25022 161...... 28592 724...... 28442 779.... 25022 163 ...... 28592 840...... 25036 21 25045, 26035 785...... 25022 164 ...... 28592 842...... 25036 Proposed Rules: 799...... 25022, 25023 166...... 28592 843...... 28442 3 .. 25399, 25645 0^...... 25649 Proposed Rules: 168 ...... 28592 845...... 28442 1 3 ...... 25399 771...... 25054 169 ...... 28592 846...... 28442 777 . 25054, 27298 201...... 26946 904.. ... 27407 21...... 26951 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Reader Aids in

39CFR 304...... 27723 178...... 27872 S. 483/Pub. L 102-59 180...... „...... 27872 Proposed Rules: 46CFR Entitled the “Taconic 111...... 25059, 26641 195.„„„,„...... 26922 Mountains Protection Act of 586.. .„„.„„„„„.„...„..„„„„ 28494 240.„„...... 28228 1991". (June 18, 1991; 105 40 CFR Proposed Rules: 571...... 26036, 26039, 26343, Stat. 300; 2 pages) Price: 10...... 28448 26927,274^7 575...... 26769 $1.00 52...... 27197, 28086, 28322, 12.. ..:..... 28448 1043...... 28110 S J. Res. 111/Pub. L 102-60 28509 504...... 28128 1084...... 28110 60...... 28322 515.„.„„,„.„...„.„.„.v....„.„, 27485 Marking the seventy-fifth 86...... 25724 560...... „...... „.27485 Proposed Rules: anniversary of chartering by 141...... 26460 572...... 27485 24,...... 28302 Act of Congress of the Boy 1 4 P ...... 25046. 26460 580.. .„. 28361 212.— ...... — ...... 27222 Scouts of America. (June 18, 180...... 26911-26915, 28087, 581...... 28361 218...... „v„„...„^:„..„..„. 27931 1991; 105 Stat. 302; 1 page) 28325,28326 586...... 26361 225...... 25651 Price: $1.00 185...... 26915 229...... 27931 261...... 27300-27332 47 CFR 245.. .:.....„„.„¿„„„.....„.26368 264...... 27332 125633, 25635 390...... 28130 265...... 27332 2.. :...... 571...... 26046, 26368 26616 271...... 28088, 28709 15...... 27200 840...... 28132 281...... 28089 36...... 27421 1011...... 26370-26372 721...... 25986 43...... „...... 25370 1160...... 26370-26372 1181...... 26370-26372 Proposed Rules: 64.„...„...... 25370, 25721 1186...... 26370-26372 51...... 27630 73...... 25635, 26298, 26338- 26339,26919-26921,27422- 52...... 26359, 27630, 28589 50 C FR 60...... 27630 27424,27693,27694,28096, 17...... 27438, 28345, 28712 63...... „27338 28499,28711,28712 18...... 27443 156...... 27484 74...... 28096, 28497 32 ... 26620 170...... 27484, 27485 90...... 25639, 26719 630...... 26934, 28349 228...... 26641 97...... 25372 651.— ...... 26774, 27786 281...... 28353 Proposed Rules: 658...... 25374 300...... 28798 Ch. I...... 25400, 26644 661...... 26774 744...... 27222 15...... 28735 672...... 27465, 28112, 28499, 761...... 22...... 26967 73...... 26365-26368, 26968, 28500 41 CFR 27725,28128,28129 675.... 26620, 28112, 28500 683.... 27298 302-1.. 80...... 28130 ...... 28796 90...... 25650 Proposed Rules: 301-12, 302-1...... 28589 17...... 26373, 26969-26971, 48 CFR 42 CFR 27485,27938,28362,28522 52...... 20...... 25446, 27298 28718 57...... 23...... 25447 412.... 243.. ... 28345 249...... 28345 32„„...... i.... 28133 418.... 33 ...... 28133 1003.... 252...... 28345 519..... 26769, 26921 215...... 25066 Proposed Rules: 705...... 27207 650 ...... 27225 405...... 25792, 28353, 28513 706...... 27207 651 ...... 28226 412...... 719...... 27207 685...... 27558, 28812 413...... 726...... „....27207 415.... 752...... 27207 LIST OF PUBLIC LAWS 473...:,. 915...... „28099 482.... 917.. .. „28099 Last List June 21, 1991 485... . 950...... 28099 This is a continuing list of 43 CFR 970...... 28099 public bills from the current 2801...... 26340 session of Congress which Public Land Orders: 2803 ...... 26340 have become Federal laws. It 6849 (Corrected by 2804 ...... „..,....26340 may be used in conjunction PLO 6862)...... 27692 2805 ...... 26340 with liP L U S” (Public Laws 6861.... 2806 ...... 26340 Update Service) on 202-523- 6862.... 2815...... 26340 6641. The text of laws is not 6863.... 2819...... 26340 published in the Federal 44 CFR 2870..... 26340 Register but may be ordered in individual pamphlet form 64 Proposed Rules: 33„„„...... 28652 (referred to as “slip laws”) 65...... from the Superintendent of 67__ 209...... „...26645 232...... ¿.25446Documents, U.S. Government Proposed Rules: 242...... 26645 Printing Office, Washington, 62...... DC 20402 (phone, 202-275- 67...... 243...... 26719 249...... 26719 3030). 45 CFR 252...... 25446, 26719 H.R. 971/Pub. L. 102-58 Ch. 99...... 26968 46...... To designate the facility of the 98..... 49 CFR United States Postal Service located at 630 East 105th 1„„...... 25050 233.... Street, Cleveland, Ohio, as 11...... 28003 the “Luke Easter Post Office”. Proposed Rules: 107.. ... 27872 (June 18, 1991; 105 Stat. 299; 205.... 173...... 27872 1 page) Price: $1.00 iv Federal Register / Voi. 56, No. 121 / Monday, June 24,1991 / Reader Aids

CFR CHECKLIST Tttfa Price Revision Dale 1200-End...... - ...... 13.00 Jon. 1,1991 This checklist, prepared by the Office of the Federal Register, is 15 Parts: published weekly, it is arranged in the orda1 of CFR titles, {Mices, and 0-299...... ;______12.00 Jan. 1.1991 revision dates. 300-799...... ______,L ...... — 22.00 Jan. 1.1991 An asterisk (*) precedes each entry that has been issued since last 800-End...... 15.00 Jan. 1,1991 week and which Is now available for sale at the Government Printing 18 Parts: O ffice. 0- 149. 5.50 Jan. 1,1991 A checklist of current CFR volumes comprising a complete CFR set, 150-999...... 14.00 Jan. 1, 1991 also appears in the latest issue of the LSA (List of CFR Sections 1000-End...... 19.00 Jan. 1, 1991 Affected), which is revised monthly. 17 Parts: The annual rate for subscription to all revised volumes is $620.00 *1-199______- ...... — 15.00 Apr, 1, 1991 domestic, $155.00 additional for foreign mailing. 200-239__ 18.00 Apr. 1,1990 Order from Superintendent of Documents, Government Printing Office, 240-End______— ____ 23.00 Apr. 1, 1990 Washington, DC 20402. Charge orders (VISA, MasterCard, or GPO 18 Parts: Deposit Account) may be telephoned to the GPO order desk at (202) 1- 149______.._ 15.00Apr. 1, 1991 783-3238 from 8:00 a.m. to 4:00 p.m. eastern time, Monday—Friday 150-279...______- ______- 16.00 Apr. 1, 1990 (except holidays). *280-399______...... ______13.00 Apr. 1,1991 Title Price Revision Date 400-End____ 9.50 Apr. 1,1990 1,2 (2 Reserved) $12.00 ion. 1, 199119 Parts: 3 (1990 Compilation and Parts 100 and 101) 14.00 1 Jan. 1, 1991 1-199______28,00 Apr. 1, 1990 4 15.00 Jon. 1.1991 200-End______— ______9.50 Apr. 1, 1990 5 Parts: 20 Parts: 1-699...... ______17.00 Jon. 1, 1991 *1-399______16.00 Apr. 1,1991 700-1199------.----- 13.00 Jon. 1, 1991 400-499.__ 25.00 Apr. 1,1991 1200-End, 6 (6 Reserved)...... 18.00 Jan. I,1991 500-End-______.______28.00 Apr. 1,1990 7 Parts: 21 Parts: 0- 26...... — ...... 15.00 Jon. 1, 1991 1- 99------»...... 13.00 Apr. 1, 1990 27-45...... 12.00 Jon. 1. 1991100-169— ...___ *______— ______— ____ 15.00 Apr. 1,1990 46-51------17.00 Jan. 1,1991 170-199______..._ 17.00 Apr. 1. 1990 52...... 24.00Jan. 200-2 99 1,______1991 __ ._____ ....______5.50 Apr. 1,1990 53-209...... — ...... 18.00 Jan. 1,1991 300-499.__ 29.00 Apr. 1,1990 210-299...... ------...... ______24.00 Jan. 1, 1991 500-599______21.00 Apr. 1,1990 300-399------12.00 Jan. 1, 1991 600-799...... —...... 8.00 Apr. 1,1990 400-699------20.00 Jan. 1, 1991 800-1299______- ______18.00 Apr. 1, 1990 700-899------19.00 Jan. 1,1991 *1300-End______.______7.50 Apr. 1,1991 900-999------28.00 Jan. 1. 1991 22 Parts: 1000-1059------17.00 Jan. 1, 1991 *1-299______.______25.00 Apr. 1,1991 1060-1119------.....______12.00 Jan. 1, 1991 300-End.-______18.00 Apr. 1, 1990 1120-1199------— .....------10.00 Jan. 1,1991 23 17.00 Apr. 1.1990 1200-1499...... - ...... 18.00 Jan. 1, 1991 1500-1899...... — ...... —— ------12.00 Jan. 1, 1991 24 Parts: 0- 199______20.00 Apr. 1,1990 1900-1939 ------....------11.00 Jan. 1, 1991 *200-499-.-__ 27.00 Apr. 1 1991 1940-1949...... ¿ 2 1 ____ 22.00 Jan. 1, 1991 Apr. 1, 1991 1950-1999------„ ------25.00 Jan. % 1991 500-699______13.00 700-16^9_- ______- ...... _ 24.00 Apr. 1, 1990 2000-End...... 10.00 Jan. 1, 1991 1700-End______— ...... ______13.00 4 Apr. 1,1990 8 14.00 Jan. 1,1991 25 25.00 Apr. 1,1990 9 Parts: 26 Parts: 1- 199------L ...... „.2 1 .0 0 Jan. 1,1991 §8 1.0-1-1.60 Apr. 1,1990 200-End...... 18.00 Jan. 1,1991 ...... — ___ — .15.00 §1 1.61-1.169...... — 28 00 Apr. 1,1990 10 Parts: §5 1.170-1,300— ______18.00 Apr. 1, 1990 0- 50.... 21.00 Jan. 1,1991 §5 1.301-1.400______17.00 Apr. 1, 1990 51-199------17.00 Jan. % 1991 §5 1-401-1.500...... 29.00 Apr. 1.1990 200-399— ------.------13.00 2 Jan. 1, 1907 *§8 1.501-1.640______16.00 Apr. 1,1991 400-499---- 20.00 Jan. 1, 1991 §8 1.641-1850______19.00 4 Apr. 1,1990 500-End------27.00 Jm. i, 1991 §8 1.851-1.907...... 20.00 Apr. 1,1990 11 12.00 Jan. 1,1991 §§ 1.908-1.1000...______...... 22.00 Apr. 1, 1990 12 Parts: §8 1.1001-1.1400.-...... 18.00 4 Apr. 1,1990 1- 199------13.00 Jon. 1, 1991 §8 1.1401-End______24.00 Apr. 1.1990 200-219------12.00 Jem. 1.1991 2- 29______21.00 Apr. 1.1990 220-299...... 21.00 Jan. 1,1991 30-39______15.00 Apr. 1,1990 300-499...... - ...... - ...... 17.00 Jan. 1,1991 40-49____ 13.00 » Apr. 1,1989 500-599------17.00 Jan. 1,1991 50-299— ______16.00 •Apr. 1,1989 600-End------19.00 Jan. 1,1991 *300-499.-_____ — ______17.00 Apr. 1, 1991 13 24.00 Jan. 1. 1991 500-599.._____ 6.00 4 Apr. 1. 1990 Apr. 1.1990 14 Parts: 600-End___ 6.50 1-59---- 25.00 Jan. 1. 1991 27 Parts: 60-139--- 21.00 Jan. 1,1991 1- 199______— ______24.00 Apr. 1. 1990 140-199.— ------10.00 Jan. 1, 1991 200-End.______14.00 Apr. 1,1990 200-1199------;.... 20.00 Jan. L 1991 28 28.00 July 1,1990 Federal Register / Vol. 56, No. 121 / Monday, June 24, 1991 / Reader Aids v

Title Price Revision Date Title Price Revision Date 29 Parts: - 19-100...... 13.00 7 July 1, 1984 0-99...... 18.00 July , 1990 1-100...... 8.50 July 1, 1990 100-499...... 8.00 July , 1990 101...... 24.00 July 1, 1990 500-899...... - ...... 26.00 July , 1990 102-200...... ;.... . 11.00 July 1,1990 900-1899...... 12.00 July , 1990 201-End..... 13.00 July 1,1990 1900-1910 (§§ 1901.1 to 1910.999) 24.00 July , 1990 1910 (§§ 1910.1000 to end)...... 14.00 July , 1990 42 Parts: 1911-1925...... 9.00 6 July , 1989 1-60...... 16.00 Oct. 1, 1990 1926...... 12.00 July , 1990 61-399...... 5.50 Oct. 1,1990 1927-End...... 25.00 July , 1990 400-429...... 21.00 Oct. 1, 1990 30 Parts: 430-End...... 25.00 Oct. 1, 1990 0-199...... 22.00 July , 1990 43 Parts: 200-699...... 14.00 July , 1990 700-End...... 21.00 July , 1990 1-999...... 19.00 Oct. 1, 1990 1000-3999...... 26.00 Oct. 1, 1990 31 Parts: 4000-End.... 12.00 Oct. 1,1990 0 - 199...... 15.00 July , 1990 200-End...... 19.00 July , 1990 44 23.00 Oct. 1, 1990 32 Parts: 45 Parts: 1- 39, Vol. I...... :..... 15.00 «July , 1984 1-199...... 17.00 Oct. 1, 1990 1-39, Vol. II...... 19.00 6 July , 1984 200-499...... 12.00 Oct. 1, 1990 1-39, Vol. III...... 18.00 «July , 1984 500-1199...... 26.00 Oct. 1, 1990 1-189...... 24.00 July , 1990 1200-End...... 18.00 Oct. 1, 1990 190-399...... 28.00 July , 1990 400-629...... 24.00 July , 1990 46 Parts: 630-699...... 13.00 «July , 1989 1-40...... ;...... 14.00 Oct. 1, 1990 700-799...... 17.00 July , 1990 41-69...... 14.00 Oct. 1, 1990 800-End...... 19.00 July , 1990 70-89..;..... 8.00 Oct. 1, 1990 33 Parts: 90-139...... 12.00 Oct. 1, 1990 1-124...... 16.00 July , 1990 140-155...... 13.00 Oct. 1, 1990 125-199...... 18.00 July , 1990 156-165...... 14.00 Oct. 1, 1990 200-End...... 20.00 July , 1990 166-199...... '...... 14.00 Oct. 1. 1990 34 Parts: 200-499...... 20.00 Oct. 1, 1990 1-299...... 23.00 July , 1990 500-End...... 11.00 Oct. 1, 1990 300-399...... 14.00 July , 1990 47 Parts: 400-End...... 27.00 July , 1990 0 - 19.. 19.00 Oct. 1, 1990 35 10.00 July , 1990 20-39...... 18.00 Oct. 1, 1990 36 Parts: 40-69...... 9.50 Oct. 1, 1990 1-199...... 12.00 July , 1990 70-79...... 18.00 Oct. 1, 1990 200-End...... 25.00 July , 1990 80-End...... 20.00 Oct. 1, 1990 37 15.00 July , 1990 38 Parts: 48 Chapters: 0 - 17...... 24.00 July , 1990 1 (Parts 1-51)...... 30.00 Oct. 1, 1990 18-End...... 21.00 July , 1990 1 (Parts 52-99)...... 19.00 Oct. 1, 1990 39 14.00 July , 1990 2 (Parts 201-251)...... 19.00 Oct. 1, 1990 40 Parts: 2 (Parts 252-299)...... 15.00 Oct. 1, 1990 1- 51...... 27.00 July 1, 1990 3-6...... 19.00 Oct. 1, 1990 52...... 28.00 July , 1990 7-14...... 26.00 Oct. 1, 1990 53-60...... 31.00 July , 1990 15-End...... 29.00 Oct. 1, 1990 61-80...... 13.00 July , 1990 49 Parts: s i-8 5 ...... i 11.00 July , 1990 ...... n? 1-99 ...... )...... 14.00 Oct. 1, 1990 86-99...... 26.00 July , 1990 100-177...... 27.00 Oct. 1, 1990 100-149...... 27.00 July , 1990 150-189...... ; *r r 23.00 July , 1990 178-199...... 22.00 Oct. 1, 1990 190-259...... 13.00 July ,1990 200-399...... 21.00 Oct. 1, 1990 260-299...... 22.00 July , 1990 400-999...... 26.00 Oct. 1, 1990 300-399...... Z..ZIZI 11.00 July , 1990 1000-1199...... 17.00 Oct. 1, 1990 400-424...... * ZZZ''""""'“’" 23.00 July , 1990 1200-End...... 19.00 Oct. 1, 1990 425-699...... •/, • ’T T 23.00 «July , 1989 50 Parts: 700-789...... 17.00 July , 1990 790-EndZZZZZZZZZ. 21.00 July , 1990 1-199...... 20.00 Oct. 1, 1990 41 C hapters: 200-599...... 16.00 Oct. 1, 1990 600-End...... 15.00 Oct. 1, 1990 1.1- 1 to 1-10...... 13.00 7 July , 1984 1 .1 - 11 to Appendix, 2 (2 Reserved)... 13.00 7 July , 1984 CFR Index and Findings Aids...... 30.00 Jan. 1, 1991 3-6...... 14.00 7 July , 1984 7...... 6.00 7 July , 1984 Complete 1991 CFR set...... 620.00 1991 8 ...... 4.50 7 July 1984 9 ...... Microfiche CFR Edition! 13.00 7 July , 1984 10-17.ZZZZIZZZZZZZ 9.50 7 July , 1984 Complete set (one-time mailing)...... 185.00 1988 18, Vol. I, Ports 1 -5 ...... "”.Z. 13.00 7 July 1984 Complete set (one-time mailing)...... 185.00 1989 <8, Vol. II, Parts 6 -1 9 ...... 13.00 7 July , 1984 Subscription (mailed as issued)...... 188.00 1990 I®- Vol. Ill, Ports 2 0 -5 2 ...... 13.00 7 July 1984 Subscription (mailed as issued)...... 188.00 1991 vi Federal Register / Vol. 56, No. 121 / Monday, June 24,1991 / Reader Aids

TUI* Price Revision Date Individual espies______2.00 1991

1 Because Title 3 is oa annual compilation, this volume and all previous volumes should be retained as o permanent reference source. * No amendments to this volume ware promulgated during the period Jan. 1, 1987 to Doc. 31, 1990. The CFR volume issued January 1,1987, should be retained. 3 No amendments to this volume were promulgated during the period Apr. 1, 1989 to Mar. 31, 1990. The CFR volume issued April 1, 1989, should be retained. 4 No amendments to this volume were promulgated during the period Apr. 1, 1990 to M ar. 31, 1991. The CFR volume issued April 1, 1990, should be retained. *No amendments to this volume were promulgated during the period July 1, 1989 to June 30, 1990. The CFR volume issued July 1,1989, should be retained. 6 The July 1, 1985 edition of 32 CFR Parts 1-189 contains a note only for Parts 1-39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1-39, consult the three CFR volumes issued as of July T, 1984, containing those parts. 1 The July 1, 1985 edition of 41 CFR Chapters 1-100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1,1984 containing those chapters.

I