11-21-85 Thursday Vol. 50 No. 225- November 21, 1985 Pages 48073-48160

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Aviation Safety Federal Aviation Administration Bridges Coast Guard Credit Union National Credit Union Administration Energy National Oceanic and Atmospheric Administration Marine Safety Coast Guard Medicaid Health Care Financing Administration Medical Devices Food and Drug Administration Postal Service Postal Service Radio Broadcasting Federal Communications Commission Television Broadcasting Federal Communications Commission Warehouses Commodity Credit Corporation Wine Alcohol, Tobacco and Firearms Bureau II Federal Register / Voi. 50, No. 225 / Thursday, November 21,1985

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

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FOR: Any person who uses the Federal Register and PHILADELPHIA, PA Code of Federal Regulations. WHEN: Dec. 17; at 1 pm. WHO: The Office of the Federal Register. Dec. 18; at 9 am. (identical session) Room 3306/10, WHAT: Free public briefings (approximately 2 1/2 hours) WHERE: William J. Green, Jr., Federal to present: 1. The regulatory process, with a focus on the Building, 600 Arch Street, Philadelphia, PA. Federal Register system and the public’s role in the development of regulations. RESERVATIONS: Laura Lewis, 2. The relationship between the Federal Register Philadelphia Federal Information and Code of Federal Regulations. Center. 3. The important elements of typical Federal 215-597-1709 Register documents. 4. An introduction to the finding aids of the FUTURE WORKSHOPS: Additional workshops are scheduled FR/CFR system. bimonthly in Washington and on an annual basis in Federal regional WHY: To provide the public with access to information cities. The January 1986 necessary to research Federal agency regulations Washington, D.C. workshop will which directly affect them. There will be no include facilities for the hearing discussion of specific agency regulations. impaired. Dates and locations will be announced later. m

Contents Federal Register Vol. 50. No. 225 Thursday, November 21, 1985

The President Energy Department ADMINISTRATIVE ORDERS See a ls o Economic Regulatory Administration; 48073 El Salvador; assistance to public security forces Energy Information Administration; Federal Energy (Presidential Determination 86-2 of October 29 Regulatory Commission. 1985) RULES 48075 Electric power and transmission rate adjustments Executive Agencies and extensions; public participation procedures; correction Agency for International Development NOTICES Energy Information Administration Housing guaranty programs: NOTICES 48141 Sri Lanka 48120 Natural gas, high cosh alternative fuel price Meetings: ceilings and incremental price threshold 48142 Research Advisory Committee 48142 Voluntary Foreign Aid Advisory Committee Environmental Protection Agency PROPOSED ROLES Agriculture Department Air pollution control; new motor vehicles and See Commodity Credit Corporation; Food Safety P engines: and Inspection Service; Forest Service; Soil 481y0 Conservation Service. Gasoline volatility and hydrocarbon emissions; regulatory strategies analysis availability and hearing Alcohol, Tobacco and Firearms Bureau RULES Toxic substances: 48102 Octamethylcyclotetrasiloxane; testing Alcohol; viticultural area designations: requirements; correction 48078 Mimbres Valley, NM Water quality standards: 48083 South Coast, CA 48102 Idaho; extension of time NOTICES Arts and Humanities, National Foundation Hazardous waste: See National Foundation on Arts and Humanities. 48129 Land disposal facilities, construction quality assurance; draft availability and inquiry Coast Guard Meetings: RULES 48130 Agricultural Pesticides Negotiated Rulemaking Regattas and marine parades: 48086 Farmworker Protection Standards Advisory Annual Parker Thanksgiving Regatta Committee 48086 Lake Havasu Classic PROPOSED RULES Federal Aviation Administration Drawbridge operations: RULES 48099 Alabama Airworthiness standards, etc.: 48077 Commerce Department Shoulder harnesses in normal, utility, acrobatic category airplanes; correction See International Trade Administration; National 48077 VOR Federal airways Oceanic apd Atmospheric Administration; National Technical Information Service. Federal Bureau of Investigation NOTICES Commodity Credit Corporation PROPOSED RULES Meetings: 48143 Loan and purchase programs: National Crime information Center Advisory Policy Board 48094 Grain; warehouse approval standards

Defense Department Federal Communications Commission See Navy Department. RULES Radio stations; table of assignments: 48089 Arizona Economic Regulatory Administration 48090 NOTICES Texas 48091 Remedial orders: Virginia 48120 Atlantic Richfield Co. Television stations; table of assignments: 48092 Arizona 48092 Education Department Arkansas n o tic e s 48093 Montana and.Oregon PROPOSED RULES Grants; availability, etc.: 48118 Television stations; table of assignments: Desegregation of public education program 48106 Colorado; dismissal IV Federal Register / Voi. 50, No; 225 / Thursday, November 21,1985 / Contents

NOTICES NOTICES 48130 Agency information collection activities under Medical devices; premarket approval: OMB review 48134 Product Development Corp. 48153 Meetings; Sunshine Act 48133 SoftSite Contact Lens Laboratory

Federal Deposit Insurance Corporation Food Safety and Inspection Service NOTICES RULES 48153 Meetings; Sunshine Act Meat and poultry inspection: 48075 Trichinae in pork products; methods for Federal Energy Regulatory Commission destruction; correction NOTICES PROPOSED RULES Hearings, etc.: Meat and poultry inspection: 48127 American Electric Power Service Corp. 48096 Labeling system; total plant quality control; 48128 ANR Production Co. extension of time 48128 Chevron U.S.A. Inc. 48097 Partially defatted products; compositional and 48122 Columbia Gas Transmission Corp. processing requirements; advance notice; 48129 Mountain Fuel Resources, Inc., et al. extension of time 48122, Northwest Pipeline Corp. (2 documents) 48123 Forest Service 48123 United Gas Pipe Line Co. NOTICES 48153 Meetings; Sunshine Act Environmental statements; availability, etc.: Small power production and cogeneration facilities; 48109 Angeles National Forest, CA qualifying status: 48124 A.E. Staley Manufacturing Co. et al. General Services Administration Federal Highway Administration NOTICES Property management: NOTICES 48132 Transportation and monitor vehicles; Environmental statements; notice of intent: Government national credit card (S F 149); 48148 Anchorage, AK ordering procedures 48149 St. Paul, MN Health and Human Services Department Federal Maritime Commission S e e a ls o Food and Drug Adminstration; Health NOTICES Care Financing Administration; Health Resources Freight forwarder licenses: and Services Administration; Public Health Service 48130 Hasman Shipping Corp. et al. Social Security Administration. NOTICES Federal Railroad Administration 48133 Privacy Act; computer matching program NOTICES Exemption petitions, etc.: Health Care Financing Administration 48149 Little Rock & Western Railway Corp. et al. PROPOSED RULES Medicaid: Federal Reserve System 48102 Pregnant women and children, and newborn NOTICES children; coverage Bank holding company applications, etc.: Health Resources and Services Administration 48130 Bank of Virginia Co. 48131 Keycorp et al. NOTICES 48135 48132 Olde Windsor Bancorp, Inc., et al. Medical reimbursement rates; inpatient and outpatient medical care; 1986 FY Fish and Wildlife Service Interior Department NOTICES S e e Fish and Wildlife Service; Land Management 48136 Agency information collection activities under . Bureau; Minerals Management Service. OMB review Environmental statements; availability, etc.: internal Revenue Service 48136 Great Swamp National Wildlife Refuge, NJ NOTICES Committees; establishment, renewals, terminations, etc.: Food And Drug Administration 48151 Commissioner’s Advisory Group RULES Food for human consumption: International Development Cooperation Agency 48078 Infant formula; nutrient requirements; correction See Agency for International Development. Human drugs: 48078 Antibiotic drugs; cefotaxime sodium injection; International Trade Administration correction NOTICES PROPOSED RULES 48110 Export trade certificates of review Medical devices: Meetings: 48156 Cardiac monitor; performance standard 48110, Computer Systems Technical Advisory development; advance notice 48111 Committee (3 documents) Interstate Commerce Commission National Oceanic and Atmospheric NOTICES Administration Railroad services abandonment: 48142 PROPOSED RULES Northern Missouri Railroad Co. Fishery conservation and management: 48108 Western Pacific spiny lobster Justice Department 48097 Ocean thermal energy conversion facilities and S ee a ls o Federal Bureau of Investigation. plantships, licensing NOTICES NOTICES Pollution control; consent judgments: Permits: 48142 Joint Meeting-Rutherford, Rutherford, Carlstadt, 48111 Foreign fishing et al. National Technical Information Service Land Management Bureau NOTICES NOTICES Patent licenses, exclusive: 48118 Beckman Instruments, Inc. Coal leases, exploration licenses, etc.: 48137 Colorado; correction National Transportation Safety Board Conveyance and opening of public lands: NOTICES 48140 Washington 48153 Meetings; Sunshine Act Environmental statements; availability, etc.: 48139 Mill Creek wilderness study area, UT Navy Department Exchange of lands: RULES 48137 Arizona Navigation, COLREGS compliance exemptions: Management framework plans, etc.: 48085 USS O’Brien 48137 Colorado NOTICES Meetings: Meetings: 48138 Susanville District Grazing Advisory Board; 48118 Chief of Naval Operations Executive Panel postponement Advisory Committee Motor vehicles; off-road vehicle designations: 48138 California Nuclear Regulatory Commission Oil and gas leases: NOTICES 48139 Alaska (2 documents) Applications, etc.: 48139 Colorado 48144 Consolidated Edison Co. of New York, Inc. Opening of public lands: Environmental statements; availability, etc.: 48139 Montana 48144 Connecticut Yankee Atomic Power Co. Recreation management plans: 48138 Diamond Craters, OR Postal Service Withdrawal and reservation of lancls: RULES 48140 Wyoming; correction Domestic Mail Manual: 48087 Merchandise return service for Federal agencies MineralS'Management Service NOTICES Public Health Service NOTICES Outer Continental Shelf; development operations coordination: Medical technology scientific evaluations: 48135 Endoscopic electrocoagulation for treatment of 48141 Tenneco Oil Exploration & Production upper gastrointestinal bleeding; correction National Credit Union Administration Securities and Exchange Commission RULES NOTICES Federal credit unions: 48154 Meetings; Sunshine Act 48075 Loan interest rates NOTICES Small Business Administration NOTICES 48153 Meetings; Sunshine Act Disaster loan areas: 48144 Pennsylvania National Foundation on Arts and Humanities 48144 Virginia NOTICES 48145 West Virginia 48143 Agency information collection activities under OMB review Social Security Administration NOTICES National Highway Traffic Safety Administration Social security; foreign insurance or pension PROPOSED RULES systems: 48136 Seychelles 48107 Tire identification and recordkeeping; reconsideration petition denied Soil Conservation Service NOTICES NOTICES Motor vehicle safety standards; exemption Environmental statements; availability, etc.: petitions, etc.: 48109 Bayou Mallet Watershed, LA 48151 Sumitomo Rubber Industries, Ltd. 48109 West Franklin Watershed LA VI Federal Register / Vol. 50, No. 225 / Thursday, November 21,1985 / Contents

Transportation Department S e e a ls o Coast Guard; Federal Aviation Administration; Federal Highway Administration; Federal Railroad Administration; National Highway Traffic Safety Administration. NOTICES Aviation proceedings; hearings, etc.; 48146 Golden States Airlines 48146 Horizon Air et al.

Treasury Department S e e Alcohol, Tobacco and Firearms Bureau; Internal Revenue Service.

United States Information Agency NOTICES Committees; establishment, renewals, terminations, etc.: 48152 Medical Science Advisory Committee

Separate Parts in This Issue

Part II 48156 Department of Health and Human Services, Food and Drug Administration

Reader Aids Additional information, including a list of public laws, telephone numbers, and finding aids, appears in the Reader Aids section at the end of this issue. j 25 / Thursday, November 21,1985 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Administrative Orders: Presidential Determinations: No. 86-2 of October 29,1985...... 48073 7 CFR Proposed Rules: 1421...... 9 CFR 318...... Proposed Rules: 317...... 318...... 319...... 381...... 10 CFR 903...... 12 CFR 701...... 14 CFR 21...... 23...... ■ 71...... 91...... 15 CFR Proposed Rules: 981...... v, 21 CFR 107...... 442...... Proposed Rules: 870...... 27 CFR 9 (2 documents)...... 48078, 48083 32 CFR 706...,;...... 33 CFR 100 (2 documents)...... 48086 Proposed Rules: 117...... 39 CFR 111...... 40 CFR Proposed Rules: $5:1...... 48100 Ed3‘~r...... 48102

42 CFR Proposed Rules: 435...... 48102 436.. ..;....!;."."""";"; .48102 47 CFR 173 (6 documents)...... 48089- 48093 Proposed Rules: 173...... 48106 49 CFR (Proposed Rules: 1574...... 48107 «50 CFR ■Proposed Rules: 1681.. ... 48108

48073 Federal Register Presidential Documents VoL 50, No. 225

Thursday, November 21,: 1985

Title 3— Presidential Determination No. 86-2 of October 29, 1985

The President Presidential Determination To Make Available Assistance to the Public Security Forces of El Salvador

Memorandum for the Honorable George P. Shultz, the Secretary of State

Pursuant to Section 660(d) of the Foreign Assistance Act of 1961, as amended, I hereby determine that the Government of El Salvador has made significant progress, during the six month period preceding this determination, in elimi­ nating any human rights violations including torture, incommunicado deten­ tion,^ detention of persons solely for the non-violent expression of their political views, or prolonged detention without trial.

You are requested to report this determination to the Congress immediately, together with a full description of the assistance to be provided and of the purposes to which it is to be directed. None of the assistance so provided shall be furnished until 30 days after such a report has been made, as required by law.

I hereby delegate to the Secretary of State authority to make such determina­ tions and reports as called for in the future under Section 660(d). This determination shall be published in the Federal Register.

c n A J iS it k ^

THE WHITE HOUSE, Washington, O ctober 29, 1985. 2 1 cc: The Honorable Caspar W. Weinberger, the Secretary of Defense |FR Doc. 85-27950 Filed 11-19-85; 4:34 pm| filling code 3195-01-M

48075

Rules and Regulations Federal Register Vel. 50, No. 225 Thursday, November 21, 1985

TNs section Of the FEDERAL REGISTER 1. The first sentence is amended by contains regulatory documents having NATIONAL CREDIT UNION general applicability and legal, effect; most adding the following parenthetical ADMINISTRATION of which are keyed to and codified in phrase directly after the word the Code of Federat Regulations,, which is “ingredients”: “{such as salts, sugars, 12 CFR Part 701 published under 50 titles pursuant to 44 and spices),”. US.C. 15ttt 2. Footnote i ofTabie 4 is amended by Loan Interest Rates The Code of Federal- Regulations is sold correcting the calculation given as the. by the Superintendent of Documents. a g e n c y : National Credit Union example to read as follows: Prices of new books are listed in the Administration. first FEDERAL REGISTER issue of each Exam ple: 120 lbs. pork,. 3.50 lbs, salt, 2 lbs. week. a c t io n : Final rule. spices, O&lbs. wine, 1 lk water and starter culture, 0.8 lbs, sugar, .01i2 lbs. sodium nitrite s u m m a r y : Tins rule continues the 21 total weight is 127.872 lbs, DEPARTMENT OF AGRICULTURE percent Federal credit union loan rate (3.50X 100)/(127.872 -3*58—2,- .8— ceiling through May 14,1987. The 21 Food Safety and Inspection Service .012)=356/121.5 = 2.93 percent ceiling was scheduled to expire Therefore, the sausage drying tíme must be ©»January 25,1986. This rule will 9 CFR Part 318 increased by 12 percent. provide the continued flexibility [Docket No. 80-054CJ necessary for each Federal credit FSIS is reviewing the comments union’s member-elected board of received in response to the final rule, Additional Methods for Destruction of directors to set loan rates consistent and will publish its response to those Trichinae in Pork Products; Correction with changing market conditions and in comments in the near future. a manner that represents the best AGENCY: Food Safety and Inspection Done at Washington', DC on November 15, interest of the credit union’s members. Service, USDA, 1985. e f f e c t iv e d a t e : November 14,1985. action: Final rale with-request for Donah! L, Houston, comments;, correction. ADDRESS: National Credit Union AdministratoT* Food Safety and InspeGtian Administration, 1776 G Street, NW., S ervice. s u m m a r y : This document corrects a Washington, DC 20456. final rule on trichina destruction, by [FR Doe. 85-27750 Filed 11-20-85; 8:45 am], FOR FURTHER INFORMATION CONTACT: adding a parenthetical phrase, for BILL!NO CODE 3410-DM-M D. Michael Riley, Director, or Martin clarification and by revising the Kushner, Financial Analyst, Office of calculation given as an example in a Examination and Insurance, or Robert footnote. DEPARTMENT OF ENERGY ML Fenner, General Counsel, at the FOR FURTHER INFORMATION CONTACT: above address. Telephone numbers: Mr. Bill F: Dennis, Director, Processed 10 CFR Part 903 (202) 357-1065 (Mr. Riley or Mr. Products Inspection Division, Meat and Kushner); (202) 357-1030 (Mr. Fenner). Poultry Inspection Technical Services, Procedures for Public Participation in SUPPLEMENTARY INFORMATION: Food Safety and Inspection Service, U.S. Power and Transmission Rate Department of Agriculture, Washington, Adjustments and Extensions Background DC 20250V [202) 447-3840. C o rrectio n Pub* L. 96-221 raised the loan interest SUPPLEMENTARY INFORMATION: On rate ceiling for Federal credit unions February7,1985, the Food Safety and In FR Doc. 85-22365,. beginning on from 1 percent per month (12 percent per Inspection Service (FSIS) published, a page 3783S in the issue of Wednesday, yearj to 15 percent per year. It also final rule with request for comments in September 18,1985, make the following authorized the NCUA Board to set a the Federat Register (50 FR 5226) which corrections; higher limit, after consultation with permits additional treatment methods 1. On page 37837, third column, the Congress and other Federal financial for trichina destruction in pork products. section heading for § 903.1 should have agencies, for a period not to exceed 16 Under Method No*. 8 (9 CFR read: months, if the Board should determine 318.10(c)(3)(i)(C)), the reference to dry that (i) money market interest rates have ingredients was intended to be clarified §903.1 Purpose and scope; application. risen over the preceding six months and with a parenthetical phrase giving 2. On page 37838, second column, in (iii prevailing interest rate levels examples of such ingredients. This threaten the safety and soundness of phrase was inadvertently omitted in the § 903.2(m), the second sentence should have read as follows: “It does not individual credit unions as evidenced- by final version- of the tide. Also, under that adverse trends in liquidity, capital, same paragraph, the calculation in ihclude a change in rate schedule provisions or in contract terms, other earnings; and growth. Footnote 1 of Table 4 is in error and is On December 3,1980, the NCUA being corrected. than changes in. the price per unit of service, nor does it include changes in Board determined that these conditions §318.10 [Corrected], the monetary charge pursuant to a had been met The Board therefore Accordingly, FSIS amends formula stated in a rate, schedule or a raised the interest rate ceiling to 21 § 318.10(e)(3)(iHCl of the F e c ia l meat contract."1 percent fora nine-month period, in inspection regulations as follows: subsequent actions;, the Board extended BILUNG CODE 1505-0t-M the period covered by the 21 percent 48076 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules andjlegulations

negative impact on individual credit ceiling. The 21 percent ceiling was most Effects on Credit Unions unions. recently scheduled to expire on January To offset increases in the cost of 25,1986. In view of recent increases in funds, credit unions must retain the T able 4.— A nnual Per cen tag e Ra t e of market interest rates and the effects of flexibility to maintain or increase their C hange for All Federal C redit Unions prevailing rate levels on credit unions, return on assets. Since loans account for as discussed below, the Board has the largest portion of most credit unions’ Total Total Loans savings continued the 21 percent ceiling through assets, it is necessary to maintain a rate May 14,1987. of return on loans that will permit the Dec. 31,1984...... 25.8 14.0 payment of expenses, provide for 22.5 14.2 Market Interest Rates Jan. 31,1985...------....------..... reserve" transfers and pay a market rate Feb. 28,1985...... 22.4 14.9 Market interest rates have continued Mar. 31,1985 ...... ™.-.....™...... 22.2 17.0 of return on member savings. If this is Apr. 30,1985...... 18.4 13.2 to show uncertainty and actual periodic not done, profitability will be reduced May 31,1985------18.6 19.1 increases over the preceding six months. and the overall safety and soundness of June 30,1985...... 18.6 17.7 July 31,1985------...... 17.8 15.7 A major indicator of money market individual credit unions, and the credit Aug. 31,1985.------18.4 16.9 interest rates is the 90-day U.S. Treasury union system as a whole, could be bill rate. Table 1 shows the average placed in jeopardy. As of June 30,1985, monthly discount rate for the 90 day 45.5% of all Federal credit unions It is apparent from the current trends Treasury bill auction. This rate has granting unsecured loans were charging that a reduction in the NCUA interest increased three of the past four months. loan rates in excess of 15%. rate ceiling would increase significantly The overall trends in Federal credit the negative pressures on liquidity, T able 1.— Mo n th ly Average Disc o un t Ra te unions during the first half of 1985 reserves and earnings. The interest rate for th e Weekly 90-Day T reasury Bill reflect a need to retain the flexibility of ceiling must be ^established at a level Auction the current 21 percent ceiling thereby sufficient to allow flexibility and giving officials the ability to deal with Rate responsiveness to recent and potential Month (percent) the specific needs of their own credit future market rate increase. union. As of June 30,1985, all reserves 7.01 and undivided earnings of Federal credit Extension on Interest Rate Ceiling 7.05 7.17 unions were 6.6% of assets, a decline The NCUA Board is therefore 7.08 from a ratio of 6.8% as of December 7.17 extending the 21 percent interest rate 31,1984. During this same six-month ceiling for a period of 18 months from period, Table 3 shows that the number the date of this decision. The ceiling will A second, and more important, of credit unions experiencing operating now expire on May 14,1987, unless indicator of market rates for Federal losses increased significantly. A otherwise ordered by the NCUA Board. credit unions is that of their actual cost reduction in allowable interest rates to The Board emphasizes that it does not of funds. While interest rates have not 15 percent could cause further financial expect that this action will result in approached their historical highs of the difficulty to those Federal credit unions increased loan rates. Rather, the ceiling early 1980’s, recent increases in market currently experiencing operating losses is being extended so that the board of rates cause pressure on Federal credit and place increased pressure on the directors of each Federal credit union unions to increase the rates they pay on profitability of many others. will continue to have the flexibility to market rate savings instruments. Since T able 3.— FCU’s Experiencing O perating react to economic conditions in a the rates Federal credit unions pay on Lo sses manner that is in the best interests of IRA/Keogh accounts and term the credit union’s members. certificates closely follow general Assets Percent Number Percent (mil­ Due to the time lag encountered in market rates of interest, the increases Of FCU'S of total of total lions) making changes to data processing indicated in Table 1 will have an effect systems and the time necessary to on the cost of funds to Federal credit June 30,1985..... 1,569 15.2 8,809 11.3 9.9 4,148 6.1 revise forms, the ceiling is being unions. The overall impact of this Dec. 31.1984..... 1,049 extended at this time in order to increase can be seen by considering the facilitate planning by credit union increase in the percentage and dollar While growth of member savings officials. Without the extension, Federal volume of funds in Federal credit union continues to be strong, loan demand has credit unions would now have to begin IRA/Keogh and term certificate exceeded savings growth for eight of the planning for the expiration of the accounts (Table 2), obtained from past nine months. Table 4 shows the interest rate ceiling. NCUA’s semiannual call reports. annual rate of change of loans and savings in natural person Federal credit Regulatory Procedures T able 2.— Federal C r edit Union Shares in unions from December 1984 to August Ma r k et Ra te Acc o u n ts 1985. These figures are obtained from The NCUA Board has determined that NCUA’s monfiily sample of Federal notice and public comment on this rule Percent of Dollar are impractical and not in the public Period ending all savings volume (in credit unions. If the loan interest rate billions) ceiling were permitted to revert to 15 interest, 5 U.S.C. 553(b)(B). Due to the percent, it is reasonable to assume there need for a planning period and threat to Dec. 31,1983...... 26.1 13.0 Dec. 31.1984...... 31.3 18.1 would be a significant increase in loan the safety and soundness of individual June 30, 1985...... 31.6 20.9 demand. Without a similar increase in credit unions with insufficent flexibility member savings, Federal credit unions to determine loan rates, an immediate extension of the 21 percent ceiling is The increase in market rates, could experience liquidity problems and necessary. For these reasons and combined with the increased percentage be forced to liquidate investments because the rule relieves restrictions, of funds in market rate accounts, causes (possibily at a loss) or place significant the Board has determined not to provide the overall effective cost of Federal restrictions on lending. Either of these a delayed effective date, 5 U.S.C. 553d. credit union funds to increase. alternatives would have a long-term, Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules and Regulations 4 8 0 7 7

For the same reasons and because the 14 CFR Part 71 extend VOR Federal Airway V-142 from change will increase the management [Airspace Docket No. 84-ANM-30] Malad City, ID, to Twin Falls, ID, and flexibility and competitive positions of establish additional controlled airspace small credit unions, a regulatory Alteration of VOR Federal Airway V - between Burley, ID, and Ogden, UT. flexibility analysis is not required, 5 142 and Establishment of Additional Control Areas This will allow flexibility by providing U.S.G. 605(a) and 604(a). Since the rule more direct routing and better utilization will relieve burdens and delays, and will AGENCY: Federal Aviation of radar capabilities and available cause no unnecessary harm, the NCUA Administration (FAA), DOT. navigable airspace. Board also finds that full and separate ACTION: Final rule. The FAA has determined that this consideration of all the requirements of regulation only involves an established SUMMARY: the Regulatory Simplification Act is This amendment alters body of technical regulations for which impracticable. However, the NCUA Federal Airway V-142 by extending it frequent and routine amendments are Board has considered a number of these from Malad City, ID, to Twin Falls, ID, necessary to keep them operationally policies as set forth above. and establishes additional controlled current. It, therefore—(1) Is not a “major airspace between Burley, ID, and List of Subjects in 12 CFR Part 701 rule” under Executive Order 12291; (2) is Ogden, UT. This action will allow more not a “significant rule” under DOT flexibility by providing more direct Credit unions, Loan interest rates. Regulatory Policies and Procedures (44 routing and better utilization of radar By the National Credit Union FR 11034; February 26,1979); and (3) capabilities and available navigable does not warrant preparation of a Administration Board on November 14,1985. airspace. Rosemary Brady, regulatory evaluation as the anticipated EFFECTIVE DATE: 0901 G.M.T., January impact is so minimal. Since this is a Secretary o f the Board. 16,1986. routine matter that will only affect air FOR FURTHER INFORMATION CONTACT: traffic procedures and air navigation, it PART 701— [AMENDED] Mr. Burton Chandler, Airspace and Air is certified that this rule will not have a Traffic Rules Branch (ATO-230), The authority citation for Part 701 significant economic impact on a continues to read as follows: Airspace-Rules and Aeronautical substantial number of small entities Information Division, Air Traffic under the criteria of the Regulatory Authority: 12 U.S.C. 1757(5)(A)(vi)(I), Operations Service, Federal Aviation Flexibility Act. 1757(5)(A)(ix), 1766. Administration, 800 Independence List of Subjects in 14 CFR Part 71 § 701.21 [Amended] Avenue, SW., Washington, D.C. 20591; telephone: (202) 426-8783. VOR Federal airways, Aviation Accordingly, NCUA amends SUPPLEMENTARY INFORMATION: safety. § 701.21(c)(7) by replacing the date “January 25,1986” with the date “May History Adoption of the Amendment 14,1987” each time it appears, and by On February 21,1985, the FAA Accordingly, pursuant to the authority replacing the date “January 26,1986” proposed to amend Part 71 of the delegated to me, Part 71 of the Federal with the date “May 15,1987” each time Federal Aviation Regulations (14 CFR Aviation Regulations (14 CFR Part 71) is it appears. Part 71) to amend VOR Federal Airway amended, as follows: V-142 by extending it from Malad City, [FR Doc. 85-27848 Filed 11-20-85; 8:45 am] PART 71— [AMENDED] ID, to Twin Falls, ID, and establish BILUNG CODE 7535-01-M additional controlled airspace between* 1. The authority citation for Part 71 is Burley, ID, and Ogden, UT (50 FR 7185). revised to read as follows: This action will allow more flexibility d e p a r t m e n t OF TRANSPORTATION by providing more direct routing and Authority: 49 U.S.C. 1348(a) and 1354(a); 49 U.S.C. 106(g) (Revised, Pub. L. 97-449, January better utilization of radar capabilities 12,1983); 14 CFR 11.69. Federal Aviation Administration and available navigable airspace. Interested parties were invited to 2. Section 71.123 is amended as 14 CFR Parts 21, 23, and 91 participate in this rulemaking follows: proceeding by submitting written V-142 [Amended] [Docket No. 23815; Arndt. Nos. 21-58,23- comments on the proposal to the FAA. 32, and 91-191J No comments objecting to the proposal By removing the words “From Malad City, ID,” and substituting the words “From Twin were received. Except for editorial Shoulder Harnesses in Normal, Utility, Falls, ID, via INT Twin Falls 115° and Malad changes and additional controlled City, ID, 242° radials; Malad City;" and Acrobatic Category Airplanes airspace being described by geographic Correction points instead of in relation to airways, 3. Section 71.163 is amended as this amendment is the same as that follows: In FR Doc. 85-26923, beginning on proposed in the notice. Sections 71.123 Burley, ID [New] Page 46872 in the issue of Wednesday, and 71.163 of Part 71 of the Federal That airspace extending upward from 1,200 November 13,1985, make the following Aviation Regulations were republished feet above the surface within lines drawn correction: in Handbook 7400.6A dated January 2, from lat. 42°26'10" N., long. 113°40'19" W.; to On page 46873, first column, in 1985. lat. 41°57'37" N., long. 113°02'36" W.; to lat. Paragraph no. 8, fifth line, “registration” The Rule 41048'16" N., long. 113°25'24" W.; to lat. should read “reregistration". 42°10'24" N., long. 114°00'02" W.; thence to This amendment to Part 71 of the the point of beginning; except that airspace BILLING CODE 1505-01-M Federal Aviation Regulations will within the confines of Federal airways. 48078 Federal Register /. Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules and Regulations

Ogden, UT ¡New] DEPARTMENT OF THE TREASURY Petition That airspace extending upward from 8,500 ATF received a petition proposing a Bureau of Alcohol, Tobacco and feet MSL within lines drawn from lat. viticultural area that extends from Grant 41l>52’54" N., long. 112“56'26“ W.; to lat. Firearms County to Luna County along the 41°48'53" N.. long. 113°04‘50" W.; to lat. 27 CFR Part 9 Mimbres River Valley in southwestern 41°30'20" N., long. 112*43’27* W.; to lat. New Mexico. The viticultural area 41°28'50" N., long. 112°55'34'’ W.; to lat. [T.D. ATF-217 Re: Notice No. 556] follows the Mimbres River southward 41°48’16'' N., long. 113°25'24* W.; to lat. from an area located approximately 2 41°57’37" N., long. 113°02'38" W.; thence to Mimbres Valley Viticultura! Area miles north of Mimbres to the point of beginning; except that airspace approximately 3 miles south of within the confines of Federal airways. AGENCY: Bureau of Alcohol, Tobacco Columbus on the New Mexico, XJ.S./ and Firearms (ATF), Treasury. Issued in Washington. D.C., on November Mexico border. It consists of 995 square 6.1985. ACTION: Final rule, Treasury decision. miles of land (636,800 acres) on which James Bums, Jr., s u m m a r y : This final rule establishes a there is one bonded winery and 12 Acting Manager, Airspace—Rules and viticultural area located in Luna and private grape-growers. The one bonded Aeronautical Information Division. Grant Counties in southwestern New winery is located near Deming, New Mexico. Currently there are [FR Doc. 85-27780 Filed 11-20-85; 8:45 amj Mexico to be known as the “Mimbres approximately 1,500 acres of grapes BILLING CODE 4910-13-M Valley." The southern boundary of the viticultural area reaches the U.S,/ planted for viticulture in the Mimbres Mexico border. The Bureau of Alcohol, Valley viticultural area. Local experts Tobacco and Firearms believes the predict that during the next few years, DEPARTMENT OF HEALTH AND establishment of the “Mimbres Valley” grape acreage and viticultural activity is HUMAN SERVICES as a viticultural area and subsequent expected to increase dramatically in the use as an appellation of origin on wine Mimbres Valley. Food and Drug Administration labels and in wine advertisements will In response to this petition ATF allow wineries to better designate the published a notice of proposed 21 CFR Part 107 specific grape-growing areas where their rulemaking, No. 556, in the Federal wines come from, enabling consumers to Register on February 12,1985, (50 FR [Docket No. 83N-0270] better identify the wines they may 5775) proposing the establishment of the “Mimbres Valley” viticultural area. Nutrient Requirements for Infant purchase. After thorough analysis of the Formulas EFFECTIVE DATE: December 23,1985. FOR FURTHER INFORMATION CONTACT: evidence, ATF agrees that the viticultural area is distinguished from C o rrectio n Edward A. Reisman, FAA, Wine and the surrounding areas based on the Beer Branch, Bureau of Alcohol, In FR Doc. 85-25875 beginning on page following evidence submitted by the 45106 in the issue of Wednesday. Tobacco and Firearms, 1200 Pennsylvania Avenue NW, Washington, petitioner. October 30,1985, make the following (1) Evidence that the name "Mimbres correction: DC 20226 (202-566-7626). SUPPLEMENTARY INFORMATION: Valley" is locally and/or nationally On page 45107, third column, in the known as referring to the area specified “Authority”, fifth line, “31 CFR” should Background in th e p etitio n , (a) The Mimbres Valley have read “21 CFR”. On August 23,1978, ATF published derives its name from the Mimbres Treasury Decision ATF-53 (43 FR 37672, Indians who inhabited the valley BILLING CODE 1505-01-M 54624) revising regulations in 27 CFR, between 1100 and 1300 A.D. Today, Part 4. These regulations allow the ruins of their dwellings are still found in establishment of definite viticultural the valley. After the Mimbres Indians 21 CFR Part 442 areas. The regulations also allow the disappeared, the Mimbreno Apaches moved in from the Southern Great [Docket No. 85N-0466) name of an approved viticultural area to be used as an appellation of origin on Plains. Antibiotic Drugs; Cefotaxime Sodium wine labels and in wine advertisements. (b) During the period that the Apaches were inhabiting the area, the Spanish Injection On October 2,1979, ATF published Treasury Decision ATF-60 (44 FR 56692) began their first exploration into New C o rrectio n which added a new Part 9 to 27 CFR, Mexico. De Vaca crossed this area as providing for the listing of approved early as 1535. The famous explorer, In FR Doc. 85-25809 beginning on page American viticultural areas, the names Coronado, explored most of New 45108 in the issue of Wednesday, of which may be used as appellations of Mexico in 1600. Just like the Indians, the October 30,1985, make the following origin. Spanish left a strong cultural imprint corrections: Section 4.25a(e)(l)* Title 27, CFR, upon the area. That is why many t. On page 45i09, first column, in defines an American viticultural area as locations in the viticultural area have amendatory instruction 2, “§ 443.13” a delimited grape-growing region both Spanish and Indian names. The should have read “§ 442.13”. distinguishable by geographical mountain peak north of Deming was 2. On page 45110, first column, in features, the boundaries of which have first called Picaho del Mimbres until it § 442.2136(b), first line, "T est" should been delineated in Subpart C of Part 9. was later renamed Cook’s Peak by the read " T ests" . Also, in the same column, Section 4.25a(e)(2), outlines the Anglo-American settlers who came in § 442.2136{b)(l)(i}, thirteenth line, “or” procedure for proposing an American during the westward expansion. The valley in which Deming is located is should read “o f , viticultural area. Any interested person may petition ATF to establish a grape­ named Mimbres, which means “willow,” or osier tree. BILLING CODE 1505-01-M growing region as a viticultural area. Federal Register / Voi. 50, No^_225^ / Thursday, November 21, 1985 / Rules and Regulations 48079

(c) Copies of maps submitted by the narrow channel for the Mimbres River. petitioner dated 1850 depict the These soils were formed on flood plains It is bordered by foothills and and stream, terraces. They range from Mimbres Mountains, Camp Mimbres mountains. sandy to loamy alluvium, and are (U.S. Cavalry installation), and the Rio (b) The northern portion of the generally fine, mixed and deep in Mimbres (Mimbres River). At that time Mimbres Valley viticultural area is in character. These soils are usually level the Rio Mimbres extended south into Grant County near Bear Canyon Dam, Mexico to gently sloping in terrain. where the valley begins to widen and The following soil associations are (d) Viticulture in the Mimbres Valley show distinct evidence of a flood plain is documented in The History o f Luna found within the boundaries of the area. As the river enters Luna County, viticultural area: County, published in 1978 by the Luna the valley widens into a broad, gently County Historical Society. According to The Mimbres association is found in sloping flood plain. The course of the the center of the Mimbres Valley that publication, vineyards were found river winds around scattered foothill viticultural area. This soil association in Chinese gardens located east of areas until it sinks from sight northeast includes a relatively broad, nearly level Deming at the turn of the century. In of Deming, New Mexico. At one time, to gently sloping basin floor or plains 1913, the Holy Family Church was the primary river course was west of area near the center of Luna County in established in Deming. At that time Deming and proceeded south through the vicinity of Deming, Except for a few grape vines, shade trees, shrubbery and the pass separating the Florida dunes and hummocks and low alluvial fruit trees were planted on the church Mountains and the Tres Hermanas ridges, the land surface is relatively grounds. Mountains. Over the years, the river smooth with a nearly uniform slope (e) The name of Mimbres Valley is in sank at an area east of Columbus, New widespread usage today. Since 1850, the Mexico (U.S.G.S. Bulletin 618,1916). toward the south. These soils, which are name has been applied to natural and (c) Today, the Mimbres River is an dominantly deep, consist of alluvial manmade landmarks in the Mimbres intermittent stream and is usually dry materials of mixed origin. According to Valley. It also appears in literature and except during periods of rainfall. The Soil Conservation Service information, maps of the area. Some uses of the name Mimbres River has no definite channel much of the alluvial material that are found within or near the in the southern part of Luna County. At undoubtedly was brought into this basin boundaries of the viticultural area are times, water from rainfall drainage has by the Mimbres River and its tributaries. Mimbres, Mimbres Valley, Mimbres reached as far south as the Mexican Most of the irrigated land in Luna Peak, Mimbres River, Camp Mimbres, border. The viticulture extends south to County is in this association. Cotton, soil associations including Mimbres the New Mexico, U.S.A.-Mexico border. grain sorghums, alfalfa, com, small (Mimbres-Verhalen, Hondale-Mimbres- (d) The Florida, Tres Hermanas grains, beans, vegetables and pecans are Bluepoint) and also the Mimbres Mountains and other non-agricultural the principal agricultural Props of the Underground Basin. These references all land areas were excluded from the area. appear on U.S.G.S. and Soil boundaries of the proposed viticultural Mimbres soils, the most extensive in Conservation.Service maps submitted area because the soils, terrain and no the association, are characterized by a by the petitioner and verified by ATF. available water rights make these moderately thick surface layer of light These names have long been established mountain areas off limits to grape­ brownish-gray loam or silty clay loam to clearly and closely associate the growing or any other commercial over a thick subsoil of pale brown silty identity of the Mimbres Valley to the agricultural potential. Elevations in clay loam or clay loam. A very high land within the boundaries of this these excluded areas that contain much percentage of the soils in this viticultural area. rock out-croppings reach as high as association are well suited for use as (f) There is one'bonded winery 7,500 feet. Elevations within the cropland under irrigation. located within the boundaries of the viticultural area generally range from The Mimbres-Verhalen association is viticultural area, it is known as St. Clair approximately 4,000 to 6,000 feet above found in the southern part of the Vineyards and is located three miles sea level. Mimbres Valley. It occupies nearly level south of Deming. The base of the After carefully considering the to very gently sloping valley bottoms operation of this new winery is 600 boundaries and name of the viticultural and basin floors contiguous to the acres of grapes. The grape varieties area and supporting evidence submitted Mimbres and Macho intermittent being grown by St. Clair Vineyards by the petitioner, ATF is adopting the drainages. These soils, which are include French Colombard, Sauvignon Mimbres Valley viticultural area moderately fine and fine-textured, Blanc, Chardonnay, Malvasia Bianca, boundaries and name stated in the consist of alluvial sediments of mixed Muscat Canelli, Ugni Blanc, Zinfandel, notice of proposed rulemaking and origin. Barbera, Cabernet Sauvignon, Merlot, found in this final rule. The Hondale-M imbres-Bluepoint Ruby Cabernet, Pinot Noir and Chenin (3) Evidence of the geographical association is found in the central and Blanc. Another winery, owned by Luna characteristics which distinguish the western area of the Mimbres Valley. County Wine Development Corporation, M imbres Valley viticultural area from Included in this association are broad, is proposed to be constructed near the surrounding areas.—(a) S o ils. The nearly level to very gently sloping basin Deming in the near future. geographical features within the floors and valley bottoms. These soils (2) Historical or current evidence that boundaries of this viticultural area are which are deep, consist of basin-fill the boundaries o f the viticultural area level to gently sloping alluvial soils. The sediments of mixed origin. specified in the petition, (a) The are as soil associations within the boundaries The following soils, not found within historically known as the Mimbres of the viticultural area are based upon boundaries of the viticultural area but Valley begins at the headwaters of the U.S.D.A. Soil Conservation Service and are found within the areas surrounding Mimbres River between Reeds Peak and Water Resources Research Institute it are: McKnight Mountain, in the Black Range, information verified by ATF. Soils found near the Continental Divide in Grant The Rockland-Lehmans association within the boundaries of the viticultural includes the mountain ranges, isolated Cfouunty. New Mexico. This northern part area include Mimbres-Verhalen, of the valley which is not included in the mountain peaks, ridges and hills that are Mohave Stellar, Hondale-Mimbres- not found with the boundaries of the boundaries of the viticultural area is a Bluepoint, and Mimbres associations. Mimbres Valley viticultural area. This 48080 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules^and^jtegulations^ association is formed in areas other type of commercial agricultural these basin floors include the Hondale- surrounding the Mimbres Valley such as products. Therefore, grape-growers must Mimbres-Bluepoint association, the in the Cook’s Range (to the east), Tres depend on underground supplies of Mimbres association and the Mimbres- Hermanas Mountains (just outside to the water that are delivered to the grape Verhalen association. Most water west of Columbus), Florida Mountains vines either by flood or drip irrigation drainage in the Mimbres Valley (to the east), Carrizalillo Hills (to the methods. Presently, there are viticultural area flows into these closed west). Cedar Range (to the west) and approximately 1,500 acres of grape vines basins. It is part of a larger closed-basin Good Sight Mountains (to the east). within the Mimbres Valley viticultural complex that drains into the Playa Their characteristic features are the area. Of the 1,500 acres of grapes now region of Northern Chihuahua in steep to very steep slopes and shallow producing, 683 acres operate under the Mexico. The Mimbres River which and rocky soils which contain numerous drip irrigation method. originates in the mountains north of exposures of bedrock. The stony and According to the publication titled Luna County is the principal drainage of extremely rocky soils of this association "New Mexico Water Rights (March the Mimbres Valley. are dominated by materials of acid 1984)” written by Linda G. Harris of the The more extensive and important igneous origin. New Mexico Water Resources Research mountain ranges excluded from the The Nickel-Upton-Tres Hermanas Institute, virtually all of New Mexico’s boundaries of the viticultural area association includes the gently to surface water already belongs to include the Cook’s (Cookes) Range strongly sloping and undulating someone. The rights to the ground water located to the east, which attains an piedmont slopes located at the base of are vested rights if existing and altitude of 8,404 feet on the summit of the desert mountains and hills found recognized at the time a ground water Cook’s (Cookes) Peak, and the Florida surrounding the viticultural area. It is basin is declared. The state engineer Mountains located southeast of Deming, common for this general soil area to must review applications for permits to with altitudes reaching 7,500 feet. These completely surround the rough broken withdraw or use surface or ground upland areas consisting of mountains and rockland areas that are dominated water. Water rights may be transferred and hills are steep, with considerable by hills and low mountains. According only within basin boundaries. There are differences in local relief. In these to U.S. Soil Conservation Service maps, currently 31 declared ground water mountain areas, temperatures may be this association is found near the Cook’s basins in New Mexico. The Mimbres expected to be a few degrees cooler and Range, Tres Hermanas Mountains and Valley is one of those basins. The area precipitation a little greater. Soils in the Cedar Range. has similar climate features, elevations these areas are found to be rocky and (b) W ater Availability. In the early and soil types. Most important, this area not useful for agriculture. Reports part of this century irrigation was has potential for commercial agricultural compiled by the New Mexico State introduced to Luna County. By 1915 this irrigation with the existing water rights. University, Agricultural Experimental form of delivering water to the soil According to Kenneth Kunkel, Station at Las Cruces titled S o il reached a peak in the area. The Climatologist for the State of New Classification for Irrigation—Luna and favorable climate and suitability of soils Mexico and facts obtained from the Grant Counties (Research Reports 176 for irrigation, coupled with the skillful New Mexico State University, a n d 200), substantiate the distinction management applied to the various Agriculture Experiment Station between the mountain areas kinds of soils by farmer!, have allowed Research Report (176), precipitation surrounding the Mimbres Valley and the the land in the viticultural area to be averages 9 inches annually in the flood plain valley areas within it. agriculturally productive. Water for Mimbres Valley. At Fort Bayard, located Although most of the land area irrigation in the viticultural area has just west, (near the north end of the included within the boundaries of the always been obtained from wells. Mimbres Valley viticultural area) it viticultural area is similar in topography, In this area of the country, the averages 15 inches. At Lordsburg, there are a few spotted locations where located 40 miles to the west of the potential for expanding irrigation is independent lesser mountains are viticultural area, it averages 10.5 inches limited by the lack of water and by located within it. They are Red annually. In the Mesilla Valley which is economic restrictions, rather than by a Mountain (elevation 5,422 feet), Black located 30 miles east of the Mimbres shortage of suitable soils. The State of Mountain (elevation 5,375 feet) and Valley, rainfall averages only 8 inches New Mexico has devised a plan for Taylor Mountain (elevation 5,938 feet). annually. The Mesilla Valley which agricultural land use based on the They are rather small mountains with covers approximately 445 square miles relationship between suitability of soils, minimal amounts of foothills associated size, and location of land in relation to of land running along the Rio Grande with them. developmental demand. The River, extends from just north of Las As a result of the combined evidence surrounding areas excluded from the Cruces, New Mexico to El Paso, Texas. provided by the petitioner, ATF finds boundaries of the viticultural area are The Mesilla Valley viticultural area the "Mimbres Valley” viticultural area generally steep and rocky and are not which is located partially in New to be a delimited grape-growing region suited to viticulture either because of Mexico and Texas, was approved as an distinguishable by geographical features soil type or unavailability of water American viticultural area on March 18, sources. ATF has verified the fact that 1985 (T.D. ATF-197). (soils, water availability and distinct some areas of land were excluded from (c) Distinct valley area. According to valley area). the limits of the viticultural area information provided by the petitioner, Discussion of Comments because that land lacked water rights. the non-mountainous part of Luna ATF agrees with the petitioner, that County conveniently divides into two In Notice No. 556, ATF invited areas such as those where water rights physiographic areas, the piedmont comments from interested parties are unavailable, lack potential for slopes surrounding the mountains and regarding the proposal of the agricultural development regardless of the basin floor valley area. The nearly establishment of the Mimbres Valley soil, climate, location, or any other level to very gently sloping basin floors viticultural area. ATF was particularly geographical feature. occupy the lower parts of the interested in receiving comments Rainfall in this desert area is landscapes in this area. The three regarding the boundaries of the insufficient to support viticulture or any general soil associations recognized on viticultural area. ATF received no 225 / Thursday, November 21, 1985 / Rules and Regulations 48081

comments during the 45-day comment Disclosure (5) “Capital Dome, N. Mex.,” 7.5 period. A copy of the petition and supporting minute series, edition of 1965; Miscellaneous evidence are available for inspection (6) “Came, N. Mex.,” 7.5 minute ATF does not wish to giveUnited States-based enterprises to 28 U.S.G.S. quadrangle maps (26-7.5 Mexico on the northern part of Section compete with foreign-based enterprises minute series and 2-15 minute series). 2, Township 21 South (T21S), Range 12 in domestic or export markets. They are entitled: West (R12W) on the Faywood Station Paperwork Reduction Act . (1) “Akela, N. Mex.,” 7.5 minute Quadrangle U.S.G.S. map; series, edition of 1972; (1) From the beginning point the The provisions of the Paperwork (2) “Antelope Hill, N. Mex.,” 7.5 boundary runs northeast 2.25 miles Reduction Act of 1980, Pub. L. 96-511, 44 minute series, edition of 1963 along an unimproved dirt road until it U.S.C. Chapter 35, and its implementing (photoinspected 1974); intersects U.S. Routh 180 (indicated on regulations, 5 CFR Part 1320, do not (3) “Bisbee Hills, N. Mex.,” 7.5 minute map as U.S. Rte. 260) at New Mexico apply to this final rule because no series, edition of 1965; Highway 61 (indicated on map as an requirement to collect information is (4) “Bowlin Ranch, N. Mex.,” 7.5 unnumbered secondary highway) at the proposed. minute series, edition of 1965; south portion of Sec. 30, T20S/R11W; 48082 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules and Regulations

(2) The boundary proceeds in a east line of Sec. 1, T23S/R8W on the (32) It then travels east for 1.1 mile generally northerly direction on N.M. Came, N. Mex. U.S.G.S. map; along the section line until it hits the Hwy. 61 for 34.5 miles crossing over U.S. (18) It then travels south on the east line of Sec. 20, T26S/R8W; Rte. 90 (indicated on map as U.S. Rte. section line for 1.5 miles until it meets (33) From there it proceeds south for 2 180) west of San Lorenzo, N.M. until it an unimproved dirt road at Sec. 12, miles on the section line until it meets an unimproved dirt road near T23S/R8W; intersects the north line of Sec. 33, Bear Canyon Dam at the west line of (19) It follows the unimproved dirt T26S/R8W; Sec. 28, T16S/R11W on the San Lorenzo, road in a easterly direction for 3 miles to (34) It then heads east for 5 miles on N. Mex. U.S.G.S. map; Carne Windmill at the northeast part of the section line until it intersects the (3) It then heads east on the Sec. 17, T23S/R7W; east line of Sec. 31, T26S/R7W on the unimproved dirt road for .2 mile until it (20) From there it follows an Gym Peak, N. Mex. U.S.G.S. map; meets the Mimbres River at Sec. 28, unimproved dirt road in a southeasterly (35) The boundary goes south on the T16S/R11W; direction for .75 mile until it meets the section line for 7 miles until it meets the (4) It then goes south on the Mimbres south line of Sec. 16, T23S/R7W; north line of Sec. 5 (which also is a light River for .25 mile until it intersects the (21) Then it proceeds east along the duty road), T28S/R7W on the Columbus 6,000 foot elevation contour line at Sec. section line for 9 miles until it arrives at NE, N. Mex. U.S.G.S. map; 28, T16S/R11W; the east line of Sec. 24, T23S/R6W on (36) Then it goes east for 4 miles on (5) From there the boundary runs the Myndus, N. Mex. U.S.G.S. map; the section line until it meets the east south along the 6,000 foot elevation (22) Then it goes south on the section line of Sec. 2 near Oney Tank T28S/ contour line until it meets the east line line for 15 miles until it meets the south R7W; of Sec. 11, T17S/R11W; line of Sec. 36, T25S/R6W on the Sibley (37) Then it goes south on the section (6) Then it proceeds south on the Hole, N. Mex. U.S.G.S. map; line for 8.7 miles until it meets the New section line for .6 mile until it hits the (23) Then it heads west on the section Mexico, U.S.A./Mexico International south line of Sec. 12, T17S/R11W; line for 8 miles until it intersects the border at the east line of Sec. 17, T29S/ (7) Then it travels east on the section 4,200 foot elevation contour line at the R7W on the Columbus SE, N. Mex. line for 1.8 miles until it intersects an southeast comer of Sec. 34, T25S/R7W U.S.G.S. map; unimproved dirt road in Noonday on the Gym Peak, N. Mex. U.S.G.S. map; (38) The boundary follows in a Canyon on the north line of Sec. 18, (24) Then it heads north on the 4,200 westerly direction along the T17S/R10W; foot elevation contour line for 11 miles International border for 23 miles to the (8) It then heads south on the until it meets N.M. Hwy. 549 (indicated west line of Sec. 18, T29S/R10W on the unimproved dirt road for 2.2 miles until on map as U.S. Rte. 70/80/180) at the Hermanas, N. Mex. U.S.G.S. map; it intersects a medium duty road at the southwest comer of Sec. 5, T24S/R7W (39) It then heads north on the western northern part of Sec. 30, T17S/R10W; on the Florida Gap, N. Mex. U.S.G.S. section for 3.5 miles to the north Tine of (9) The boundary goes south on the map; Sec. 31, T28S/R10W; medium duty road for .8 mile until it (25) The boundary heads west on (40) It then moves east for 13 miles on reaches the north line of Sec. 31, T17S/ M.M. Hwy. 549 (indicated on map as the section line until it intersects the R10W; U.S. Rte. 70/80/180) for 4.5 miles until it east line of Sec. 32, T28S/R8W on the (10) The boundary goes east 5 miles meets the light duty road at the east line Columbus, N. Mex. U.S.G.S. map; on the section line to the east line of of Sec. 3, T24S/R8W on the Capital (41) Then it follows the section line Sec. 36, T17S/R10W; Dome, N. Mex. U.S.G.S. map; north for 8 miles until it meets the south (11) The boundary proceeds south on (26) It then goes south pn the light line of Sec. 18, T27S/R8W on the North the section line for 13 miles to the south duty road/section line for 4 miles until it Peak, N. Mex. U.S.G.S. map; line of Sec. 36 (also indicated on map as meets another light duty road at the (42) Then it proceeds west on the Luna/Grant Country line), T19S/R10W south line of Sec. 22, T24S/R8W; section line for 11 miles to the west part on the Dwyer, N. Mex. U.S.G.S. map; (27) Then the boundary heads west for of Sec. 16 identified as longitude point (12) The boundary travels west on the 2 miles on the light duty road/section 107 degrees, 52 minutes, 30 seconds, Luna/Grant County line for three miles line until it intersects an unimproved T27S/R10W on the West Lime Hills, N. to the east line of Sec. 4, T20S/R10W; dirt road at the east line of Sec. 29, Mex. U.S.G.S. map; (13) The boundary goes south on the T24S/R8W; (43) Then it moves north on the 107 section line for three miles to the south (28) Then it travels south on the degrees, 52 minutes, 30 seconds line of Sec. 16, T20S/R10W; unimproved dirt road/section line for 2 longitude point for 9 miles until it (14) Then it goes west on the section miles until it meets another unimproved intersects the north line of Sec. 4, T26S/ line for approximately .6 mile to a light dirt road at the south line of Sec. 32, R10W on the Midway Butte, N. Mex. duty road located 500 feet south of T24S/R8W; U.S.G.S. map; Benchmark 5119 on the south line of Sec. (29) It then moves west .25 mile on the (44) Then it goes west on the section 16, T20S/R10W; unimproved dirt road until it reaches the line for 6.5 miles until it meets the west (15) The boundary heads south on the east line of Sec. 5, T25S/R8W; line of Sec. 33, T25S/R11W on the light duty road for approximately 10.25 (30) Then it goes south on the section Bisbee Hills, N. Mex. U.S.G.S. map; miles until it meets Hwy. 180 at line for 6 miles until it reaches an (45) The boundary then travels north Benchmark 4672 near the west line of unimproved dirt road near Crawford ' on the section line for 26.5 miles Sec. 9, T22S/R10W on the Spalding, N. Ranch at the north line of Sec. 5, T25S/ * (crossing the Southern Pacific Railroad Mex. U.S.G.S. map; R8W on the South Peak, N. Mex. tracks) until it intersects with the (16) Then it proceeds southeasterly on U.S.G.S. map; Atchison, Topeka and Santa Fe Railroad Hwy. 180 for approximately 5 miles to (31) Then it follows the unimproved tracks on the west line of Sec. 21, T21S/ the north line of Sec. 8, T23S/R9W on dirt road in a southwest then southern R llW on the Spalding, N. Mex. U.S.G.S. the Deming West, N. Mex. U.S.G.S. map; direction for approximately 3 miles until map; (17) It then goes east on the section it hits the north line of Sec. 19, T26S/ (46) Finally it follows the Atchison, line approximately 11.75 miles to the R8W; Topeka and Santa Fe Railroad tracks in Federal Register / Vol, 50, No. 225 / Thursday, November 21, i985 / Rules and Regulations 48083

a northwesterly direction for 5 miles may petition ATF to establish a grape­ identification in the wine industry for until it reaches the beginning point at growing region as a viticultural area. ‘South Coast’ fine wines.” As evidence benchmark 4911 on an unimproved dirt of this effort, the petitioner submitted a road in Faywood Station at Sec. 2, Notice of Proposed Rulemaking booklet published by it, titled “South T21S/R12W on the Faywood Station, N. ATF received a petition from the Coast Wineries.” This booklet features a Mex. U.S.G.S. map. South Coast Vintners Association, map showing the locations of the Signed: October 25,1985. proposing an area south of Los Angeles, association's winery members, and also Stephen E. Higgins, California, as a viticultural area to be contains this description: "The wineries known as “South Coast." The area Director. are located in the foothills and valleys contains about 1,800 square miles» It is of the coastal region, most, less than Approved: November 6,1985. located along the Pacific coastline thirty miles from the ocean. Here the Edward T. Stevenson, between Los Angeles and the Mexican combination of higher elevations, well Deputy Assistant Secretary (Operations). border. There are about 3,000 acres of drained soils, and cooling Pacific grapes currently planted in the area. The [FR Doc. 85-27804 Filed 11-20-85; 8:45 am] breezes produce an ideal environment petitioner stated that at least 15 BILLING CODE 4810-31-M for growing the finest European grape wineries are operating within the area. varieties.” In response, ATF published a notice of 27 CFR Part« proposed rulemaking, Notice No. 562, in Geographical Description of the Area the Federal Register on April 19,1985 (50 [T.D. ATF-218; Ref. Notice No. 562] The “South Coast” viticultural area is FR 15588). That notice proposed distinguished geographically from the establishment of the “South Coast” South Coast Viticultura! Area surrounding areas as follows: viticultural area and solicited public (1) To the north, the area is set off by a g e n c y : Bureau of Alcohol, Tobacco comment with respect to the proposed and Firearms, Treasury. viticultural area. the predominant urbanization of Los Angeles County, which makes grape­ a c t io n : Final rule; Treasury decision. During the comment period, which closed June 3,1985, no comments were growing there unfeasible. The petition s u m m a r y : The Bureau of Alcohol, received. Accordingly, this document explained this as follows: “No doubt Tobacco and Firearms (ATF) has establishes the “South Coast” portions of Los Angeles County would decided to establish a viticultural area viticultural area with the same qualify [with respect to name] as ‘South in California to be known as "South boundaries as proposed in Notice No. Coast.' However, as a practical matter Coast.” This decision is the result of a 562. Some changes in the descriptive the entire Los Angeles County coastal petition submitted on behalf of the wording of those boundaries have been area is urbanized and no present or South Coast Vintners Association, a made, in order to better describe the potential grape growing areas exist. group of wineries in the area. The “South Coast” boundaries; but no Since no grapes come from Los Angeles establishment of viticultural areas and substantive change has been made. County and it is very unlikely that any ever will, it was considered confusing to the subsequent use of viticultural area Name of the Area names in wine labeling and advertising include the County in ‘South Coast.’ ” enables winemakers to label wines Winegrape growing in the coastal (2) To the west, the area is bounded more precisely and helps consumers to region south of Los Angeles is of by the Pacific Ocean. better identify the wines they purchase. relatively recent origin, as compared (3) Hie southern boundary of the area, with some other areas of California. e f f e c t iv e DATE: December 23,1985. the Mexican-American border, does not HoweVer, uncontradicted evidence correspond to a geographical distinction. FOR FURTHER INFORMATION CONTACT: demonstrates that “South Coast” is the However, since 27 CFR Part 9 is titled Steve Simon, FAA, Wine and Beer name by which thii grape-growing area “American Viticultural Areas,” and Branch, Bureau of Alcohol, Tobacco and is currently known. Such evidence since “American” is defined in 27 CFR Firearms, 1200 Pennsylvania Avenue, includes the following: 9.11 as “Of or relating to the several NW, Washington, DC 20226 (202-566- (a) W in e M aps, published in 1984 by 7626). States, the District of Columbia, and The Wine Spectator, designates various Puerto Rico,” it is evident that an SUPPLEMENTARY INFORMATION.’ coastal grape-growing areas of American viticultural area must not Background California. One such area is identified, extend into Mexico. on both a “Key Map” and a more (4) To the east, the proposed area is ATF regulations in 27 CFR Part 4 detailed map, as “South Coast.” The distinguished geographically by the limit provide for the establishment of definite area shown on these maps corresponds of “coastal influence.” This distinction viticultural areas. The regulations also to the viticultural area established by was described in the petition as follows: allow the name of an approved this Treasury decision. “Applicant believes that ‘coast’ infers viticultural area to be used as an (b) The South Coast Vintners some substantial coastal influence on appellation of origin on wine labels and Association (the petitioner) was the grape growing areas involved, in wine advertisements. incorporated in the State of California resulting in classification of same as Part 9 of 27 CFR provides for the on January 31,1984. Prior to Zones I through III of the Davis scale. listing of approved American viticultural incorporation, this association existed While many grapes are grown in San areas.' the names of which may be used informally for several years. Its Bernardino, eastern Riverside, eastern as appellations of origin. membership includes most of the San Diego and Imperial Counties, they Section 4.25a(e)(l), Title 27 CFR, wineries in the “South Coast” are grown in Zones IV or V, and are defines an American viticultural area as viticultural area. While in existence, the primarily table grapes rather than wine a delimited grape-growing region petition stated, this association “has grapes." distinguishable by geographical created publications featuring ‘South A good explanation of the “Davis features. Section 4.25a(e)(2) outlines the Coast’ wines, has held joint tastings and scale” for classifying the climates of procedures for proposing an American public relations functions, and generally wine regions is given in A lex is viticultural area. Any interested person has sought to create name and location Linchine’s New Encyclopedia o f Wines 48084 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules and Regulations

& S p irits (New York, Alfred A. Knopf, based on geographical features which Drafting Information 1984) on page 496: affect viticultural features, ATF The principal author of this document One of the achievements of the men at recognizes that the distinctions between is Steve Simon, FAA, Wine and Beer Davis was the classification of the California a small area and its surroundings are Branch, Bureau of Alcohol, Tobacco and viticultural districts into five temperature more refined than the differences Firearms. zones. In the 1930s Professors A. J. Winkler between a large area and its and Maynard Amerine studied the relation surroundings. It is possible for a large Issuance between climate and the quality of wine viticultural area to contain approved produced from different grape varieties in the Accordingly, 27 CFR Part 9 is various regions of California. They found that viticultural areas, if each area fulfills the amended as follows: temperature is one of the most important requirements for establishment of a climatic factors affecting the successful viticultural area. PART 9— AMERICAN VITICULTURAL cultivation of wine grapes and that the AREAS summation of daily degree readings is of Regulatory Flexibility Act Paragraph 1. The authority citation for significant value for predicting the best The provisions of the Regulatory varieties to be grown in any district. Their Part 9 is revised to read as follows and Flexibility Act relating to a final heat summation concept developed from the the authority citations following § 9.22 regulatory flexibility analysis (5 U.S.C. total mean daily temperatures above 50 °F. and 9.29 are removed. (10 °C.) for the days from April 1 through 604) are not applicable to this final rule, October 31.50 °F. is the temperature above because it will not have a significant Authority: 27 U.S.C. 205. which most vine-shoot growth occurs; the, economic impact on a substantial Par. 2. The table of sections in 27 CFR time period corresponds to the vine-growing number of small entities. The final rule Part 9, Subpart C, is amended to add the season. Thus, a day with an average is not expected to have significant temperature of 65 °F. is given a heat title of § 9.104, to read as follows: summation value of 15 “degree-days.” Five secondary or incidental effects on a it it " 'it * # substantial number of small entities. climate regions were then defined according Subpart C— Approved American Viticultural Further, the final rule will not impose, or to the totals for the season: Areas Region I—less than 2,500 degree-days otherwise cause, a significant increase Region II—2,501 to 3,000 degree-days in the reporting, recordkeeping, or other Sec. Region III—3,001 to 3,500 degree-days compliance burdens on a substantial * * * * Region IV—3,501 to 4,000 degree-days number of small entities. 9.104 South Coast. Region V—more than 4,000 degree-days * ★ it it # Accordingly, it is hereby certified Knowing the temperature region of his under the provisions of section 3 of the vineyard, a grape-grower can make a general Par. 3. Subpart C of 27 CFR Part 9 is prediction as to which vines will prove most Regulatory Flexibility Act (5 U.S.C. amended by adding § 9.104, which reads successful. . . In warmer districts the grapes 605(b)) that this final rule will not have a as follows: mature quickly and yield huge crops, but the significant economic impact on a § 9.104 South Coast. acidity, color, and aroma are too low to make substantial number of small entities. good dry table wines. Dessert or fortified (a) N am e. The name of the viticultural wine requiring much natural grape sugar and Executive Order 12291 area described in this section is “South common table wines are made in these hot In compliance with Executive Order Coast.” sections of the state. In the cooler vineyards, (b) Approved maps. The appropriate where a vine can bear only a limited crop, the 12291 of Feb. 17,1981, the Bureau has fruit can ripen slowly, retain its high acidity, determined that this final rule is not a maps for determining the boundaries of and concentrate those elements of color and major rule since it will not result in: South Coast viticultural area are four U.S.G.S. maps. They are titled: aroma which make fine table wines. (a) An annual effect on the economy The premium wine districts of California (1) San Diego, 1:250,000 series, 1958 of $100 million or more; fall in Regions I, II, and III, while Regions IV (revised 1978). and V produce mostly table grapes or the (b) A major increase in costs or prices (2) Santa Ana, 1:250,000 series, 1959 bulk and dessert—fortified—wines already for consumers, individual industries, (revised 1979). mentioned. Federal, State, or local government (3) Long Beach, 1:250,000 series, 1957 agencies, or geographical regions; or Miscellaneous (revised 1978). (c) Significant adverse effects on ATF does not want fo give the (4) Wildomar Quadrangle, 7.5 minute competition, employment, investment, impression by approving ‘‘South Coast” series, 1953 (photorevised 1973). productivity, or on the ability of United as a viticultural area that it is approving (c) B ou n d a ry —(1) G en eral. The South States-based enterprises to compete or endorsing the quality of the wine Coast viticultural area is located in with foreign-based enterprises in from this area. ATF is approving this California. The starting point of the domestic or export markets. area as being distinct and not better following boundary description is the than other areas. By approving this area, Paperwork Reduction Act northern intersection of the Orange ATF allows wine producers to claim a County line with the Pacific Ocean (on distinction on labels and advertisements The provisions of the Paperwork the Long Beach map). as to the origin of the grapes. Any Reduction Act of 1980, Pub. L. 96-511, 44 (2) B ou n d a ry D escrip tion —(i) From commercial advantage can only come U.S.C. Chapter 35, and its implementing the starting point generally from consumer acceptance of “South regulations, 5 CFR Part 1320, do not northeastward, eastward, and Coast” wines. apply to this final rule because no southeastward along the Orange County The following approved viticultural requirement to collect information is line, to the intersection of that county .areas are located entirely within the imposed. line with the township line on the northern border of Township 7 South (in boundaries of “South Coast”: List of Subjects in 27 CFR Part 9 “Temecula” (§ 9.50) and “San Pasqual Range 6 West; on the Santa Ana map). Valley” (§ 9.25). Both smaller areas are Administrative practice and (ii) From there eastward along that influenced by coastal climate factors. In procedures, Consumer protection, township line to its intersection with the establishing a large viticultural area Viticultural areas, Wine. northern boundary of the Temecula £gdCTd_R^8ter_/_y°L-50lr';No..225--/ Thursday, November 21, 1985 / Rules and Regulations 48085

viticultural area described in § 9.50; at Signed: October 25,1985. USS O’BRIEN (DD 975) is a vessel of the this point, the Temecula viticultural area Stephen E. Higgins, Navy which, due to its special boundary coincides with the boundary Director. construction and purpose, cannot of the Cleveland National Forest (on the comply fully with 72 COLREGS: Annex Wildomar Quadrangle map). , Approved: November 0,1985. I, section 3(a), pertaining to the (iii) From there following the northern Edward T. Stevenson, placement of the forward masthead light boundary of the Temecula viticultural Deputy Assistant Secretary (Operations). in the forward quarter of the vessel and area, at and near its northernmost point, [FR Doc. 85-27803 Filed 11-20-85; 8:45 am] the horizontal distance between the generally northeastward, eastward, and BILLING CODE 4B10-31-M forward and after masthead lights, southeastward until the Temecula without interfering with its special viticultural area boundary again functions as a naval destroyer. The intersects the township line on the DEPARTMENT OF DEFENSE Secretary of the Navy has also certified northern border of Township 7 South (in Department of the Navy that the above-mentioned lights are Range 4 West; thus all of the Temecula located in closest possible compliance viticultural area is included inside of 32 CFR Part 706 with the applicable 72 COLREGS South Coast viticultural area). requirements. ? . (iv) Then eastward, along the Certifications and Exemptions Under Moreover, it has been determined, in township line on the northern border of the International Regulations for accordance with 32 CFR Parts 296 and Township 7 South, to the San Preventing Collisions at Sea; USS 701, that publication of this amendment Bernardino Meridian (on the Santa Ana OBRIEN map). for public comment prior to adoption is (v) Then southward along the San AGENCY: Department of the Navy, DOD. impracticable, unnecessary, and Bernardino Meridian to the Riverside a c t i o n : Final rule. contrary to public interest since it is County-San Diego County line. based on technical findings that the SUMMARY: (vi) Then westward along that county The Department of the Navy placement of lights on this vessel in a line for about 7Vfe miles, to the western is amending its certifications and manner differently from that prescribed boundary of the Cleveland National exemptions under the International herein will adversely affect the vessel’s Forest (near the Peclianga Indian Regulations for Preventing Collisions at ability to perform its military functions. Reservation). Sea, 1972 (72 COLREGS), to reflect that Notice is also provided to the effect (vii) Then generally southeastward the Secretary of the Navy has that USS O’BRIEN (DD 975) is a member along the Cleveland National Forest determined that USS O’BRIEN (DD 975) of the DD 963 class of vessels for which boundary to where it joins California is a vessel of the Navy which, due to its certain exemptions, pursuant to 72 Highway 76. special construction and purpose, COLREGS, Rule 38, haVe been (viii) From there generally cannot comply fully with certain previously^authorized by the Secretary southeastward along Highway 76 to provisions of the 72 COLREGS without of the Navy. The exemptions pertaining California Highway 79. interfering with its special functions as a to that class, found in the existing tables (ix) Then southeastward along naval destroyer. The intended effect of of § 706.3, 32 CFR Part 706, are equally Highway 79 to the township line on the this rule is to warn mariners in waters applicable to USS O’BRIEN (DD 975). where 72 COLREGS apply. northern border of Township 12 South List of Subjects in 32 CFR Part 706 (in Range 3 East). EFFECTIVE DATE: November 5,1985. (x) Then eastward along that FOR FURTHER INFORMATION CONTACT: Marine safety, Navigation (water), township line to its intersection with the Captain Richard J. McCarthy, JAGC, and Vessels. range line on the eastern border of U.S. Navy, Admiralty Counsel, Office of PART 706— [AMENDED] Range 3 East. the Judge Advocate General, Navy (xi) From there southward along that Department, 200 Stovall Street, Accordingly, 32 CFR Part 706 is range line to the U.S.-Mexico Alexandria, VA 22332-2400, Telephone amended as follows: international border. number: (202) 325-9744. 1. The authority citation for 32 CFR (xii) Then westward along that supplementary information : Pursuant Part 706 continues to read: international border to the Pacific to the authority granted in 33 U.S.C. Authority: 33 U.S.C. 1605. Ocean. 1605, the Department of the Navy (xiii) Then generally northwestward amends 32 CFR Part 706. This §706.2 [Amended] along the shore of the Pacific Ocean to amendment provides notice that the 1. Table Five of § 706.2 is amended by the starting point. Secretary of the Navy has certified that adding the following vessel:

Forward Aft masthead Vertical Aft masthead After masthead masthead light separation of lights not visible light less than 4.5 Masthead lights Forward light hot less less than the meters above not over all other masthead lights over forward light than ft ship's Percentage Vessel Number required height used when 1,000 meters masthead light forward lights and not in forward length aft of horizontal above hull masthead light obstructions. towing less than ahead of ship in forward separation Annex I, sec. required by all normal quarter Of Ship. Annex 1, sec. 2(a) Annex 1, sec. 2(f) Annex I, sec. 3(a) masthead light attained 2(a)(1) . (ii) Annex 1, sec. degrees of trim. Annex 1, sec. 2(a)(1) Annex I, sec. 2(b) (3)(a) USS O’BRIEN... DD 975...... X...... X...... 46.1 Dated: November 5,1985. Approved: John Lehman, Secretary o f the Navy. [FR Doc. 85-27794 Filed 11-20-85; 8:45 am] BILLING CODE 3810-AE-M 48086 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION approximately 60 boats 13 to 20 feet in participants or official regatta patrol length, that could pose a hazard to vessels in the regulated area during the Coast Guard navigation. Therefore, vessels desiring effective dates, unless cleared for such to transit the regulated area may do so entry by or through an official regatta 33 CFR Part 100 only with clearance from a patrolling patrol vessel. law enforcement vessel or an event (2) When hailed and/or signaled by [C6D11 85-16] committee boat. horn or whistle by an official regatta patrol vessel, a spectator shall come to Economic Assessment and Certification Marine Event; Annual Parker an immediate stop. Vessels shall comply Thanksgiving Regatta; Parker, AZ These regulations are considered to with all directions of the designated be non-major under Executive Order Patrol Commander. Failure to do so may a g e n c y : Coast Guard, DOT. 12291 on Federal Regulation, and result in a citation for failure to comply. ACTION: Final rule. nonsignificant under Department of (3) The Patrol Commander is s u m m a r y : This rule will establish Transportation regulatory policies and empowered to forbid and control the special local regulations during the procedures (44 FR 11034; February 26, movement of vessels in the regulated Annual Parker Thanksgiving Regatta. 1979). The economic impact of this area. He may terminate the marine Through this action the Coast Guard proposal is expected to be so minimal event at any time it is deemed necessary intends to ensure the safety of that a full regulatory evaluation is for the protection of life and property. spectators and participants on navigable unnecessary, since the regulated area He may be reached on VHF Channel 16 waters during the event. will be in effect for a short period of (156.8 MHz) when required, by the call time. sign “PATCOM”. e f f e c t iv e d a t e : These regulations Since the impact of this proposal is become effective on November 29,1985 expected to be minimal, the Coast Dated: November 5,1985. and terminate on December 1,1985. Guard certifies that, if adopted, it will A.B. Beran, FOR FURTHER INFORMATION CONTACT: not have a significant economic impact Rear Admiral (Lower Half), U.S. Coast Guard LTJG Jorge Arroyo, Eleventh Coast on a substantial number of small District Commander, Eleventh Coast Guard District. Guard District Boating Affairs Office, entities. [FR Doc. 85-27815 Filed 11-20-85; 8:45 am] 400 Oceangate Boulevard, Long Beach, List of Subjects in 33 CFR Part 100 California 90822, Tel: (213) 590-2331. BILLING CODE 4910-U-M Marine safety, Navigation (water). SUPPLEMENTARY INFORMATION: Drafting Information PART 100— SAFETY OF LIFE ON 33 CFR Part 100 NAVIGABLE WATERS The drafters of this regulation are [CGD11 85-17] LTJG Jorge Arroyo, Project Officer, Regulations Boating Affairs Office, Eleventh Coast In consideration of the foregoing Part Marine Event; Lake Havasu Classic, AZ Guard District and LT David S. Riley, 100 of Title 33, Code of Federal AGENCY: Coast Guard, DOT. Project Attorney, Legal Office, Eleventh Regulations, is amended as follows: Coast Guard District. 1. The authority citation for Part 100 a c t io n : Final rule. On September 9,1985, the Coast continues to read as follows: Guard published a notice of proposed s u m m a r y : This rule will establish rulemaking in the Federal Register for Authority: 33 U.S.C. 1233; 49 CFR 1.46(b) special local regulations during the Lake and 33 CFR 100.35. these regulations (50 FR 36629). Havasu Classic. Through this action the Interested persons were requested to 2. Part 100 is amended by adding the Coast Guard intends to ensure the submit comments and no comments § 100.3511-85-16 to read as follows: safety of spectators and participants on navigable waters during the event. were received. §100.35 11-85-16— Annual Parker e f f e c t iv e d a t e : Thanksgiving Regatta, Parker, Arizona. These regulations Discussion of Comments become effective on November 27,1985 (a) Regulated Area. The following and terminate on December 1,1985. Although no comments were received, area will be closed intermittently to all interested persons wishing to comment vessel traffic: that portion of Colorado FOR FURTHER INFORMATION CONTACT: may do so by submitting written River in front of La Paz County Park, LTJG Jorge Arroyo, Eleventh Coast arguments to the office listed under Arizona. Guard District Boating Affairs Office, “FOR FURTHER INFORMATION CONTACT” (b) Effective Dates. These regulations 400 Oceangate Boulevard, Long Beach, in this preamble. Commenters should will be effective from 6:00 AM to 5:30 California 90822, Tel: (213) 590-2331. include their names and addresses, PM on November 29 thru December 1, SUPPLEMENTARY INFORMATION: On identify this notice (CGDll 85-16), and 1985. September 9,1985, the Coast Guard give reasons for their comments. Based (c) Special Local Regulations. All published a notice of proposed on comments received, the regulation persons and/or vessels not registered rulemaking in the Federal Register for may be changed. with the sponsor as participants or these regulations (50 FR 36628). official regatta patrol vessels are Interested persons were requested to Discussion of Regulation considered spectators. The “official submit comments and no comments The Southern California Speedboat regatta patrol” consists of any Coast were received. Club, “Annual Parker Thanksgiving Guard, public, state or local law Drafting Information Regatta” will be conducted between 6:00 enforcement and/or sponsor provided am and 5:30 pm on November 29 thru vessels assigned to patrol this event. The drafters of this regulation are December 1,1985 adjacent to La Paz (1) No spectators shall anchor, block LTJG Jorge Arroyo, Project Officer, County Park. This event will have loiter in, or impede the through transit of Boating Affairs Office, Eleventh Coast Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules and Regulations 48087

Guard District and LT David S. Riley, § 100.35 11-85-17— Lake Havasu Classic, means by which a parcel Can be Project Attorney, Legal Office, Eleventh Lake Havasu City, Arizona. returned to a federal agency with Coast Guard District. (a) Regulated Area. The following postage paid by the agency. It also Discussion of Comments area will be closed intermittently to all provides agencies an alternative to vessel traffic: that portion of Thompson Although no comments were received, First-Class Business Reply rates when Bay, Lake Havasu, Arizona starting paying postage on returned parcels. interested persons wishing to comment approximately 100 yards on a bearing of may do so by submitting written EFFECTIVE DATE: January 2,1986. 130'T off Spectator Point, thence due arguments to the office listed under north approximately 2200 yards, thence FOR FURTHER INFORMATION CONTACT: “FOR FURTHER INFORMATION CONTACT” due west approximately 2400 yards, Margaret H. Munro, (202) 268-3252. in this preamble. Commenters should then back to the starting point. include their names and addresses, SUPPLEMENTARY INFORMATION: On (b) Effective Dates. These regulations identify this notice (CGDll 85-17), and September 4,1985, the Postal Service will be effective from 8:00 AM to 5:30 give reasons for their comments. Based published for comment in the Federal PM on November 27 thru 30, and Register (50 FR 35843) a proposal to on comments received, the regulation December 1,1985. may be changed. revise sections 137.276 a and f of the (c) Special Local Regulations. All Domestic Mail Manual and add section Discussion of Regulation persons and/or vessels not registered 137.276h, Penalty Merchandise Return. The Havasu Sports Federation, “Lake with the sponsor as participants or Interested persons were invited to Havasu Classic” will be conducted official regatta patrol vessels are submit written comments concerning the between 8:00 am and 5:30 pm on considered spectators. The “official proposed rule by October 4,1985. November 27, thru December 1,1985 on regatta patrol” consists of any Coast Written comments were received from the Colorado River east of Spectator Guard, public, state or local law one Federal government organization. Point in Thompson Bay, Lake Havasu, enforcement and/or sponsor provided The commenter did not oppose the Arizona. This event will have vessels assigned to patrol this event. proposal, but requested a temporary approximately 50 tunnel and pleasure/ (1) No spectators shall anchor, block, waiver for one of its components. modified V-bottom outboards 16 to 20 loiter in, or impede the through transit of The commenter stated that its participants or official regatta patrol feet in length, that could pose a hazard component’s conversion to use of vessels in the regulated area during the to navigation. Therefore, vessels postage meters and penalty mail stamps, desiring to transit the regulated area effective dates, unless cleared for such which are two of the options for paying may do so only with clearance from a entry by or through an official regatta penalty mail Merchandise Return patrol vessel. patrolling law enforcement vessel or an postage and fees, would not be (2) When hailed and/or signaled by event committee boat. completed before September 30,1989._ horn or whistle by an official regatta The waiver was requested for that Economic Assessment and Certification patrol vessel, a spectator shall come to interim period to provide that an immediate stop. Vessels shall comply These regulations are considered to Merchandise Return charges be included with all directions of the designated be non-major under Executive Order in the agency’s penalty mail bill in the Patrol Commander. Failure to do so may 12291 on Federal Regulation, and same manner as charges for business result in a citation for failure to comply. nonsignificant under Department of reply mail. To grant the agency’s request (3) The Patrol Commander is Transportation regulatory policies and would require the Postal Service to procedures (44 F R 11034; February 26, empowered to forbid and control the establish a new reporting and 1979). The economic impact of this movement of vessels in the regulated accounting system. Information area. He may terminate the marine proposal is expected to be so minimal available at this time indicates that use event at any time it is deemed necessary that a full regulatory evaluation is of Merchandise Return Service will not for the protection of life and property. unnecssary, since the regulated area will be sufficiently extensive to justify the be in effect for a short period of time. He may be reached on VHF Channel 16 cost of developing and operating the Since the impact of this proposal is (156.8 MHz) when required, by the call required system. In addition, the expected to be minimal, the Coast sign “PATCOM”. procedures as proposed provide simple, Guard certifies that, if adopted, it will Dated November 5,1985. A.B. Beran, inexpensive and easily implemented not have a significant economic impact alternatives to pay for penalty mail on a substantial number of small Rear Admiral (Lower Half), U.§. Coast Guard Merchandise Return Service. Penalty entities. Commander, Eleventh Coast Guard District. mail stamps may be used to pay the List of Subjects in 33 CFR Part 100 (FR Doc. 85-27816 Filed 11-20-85: 8:45 am] postage and fees when Merchandise BILLING CODE 4910-14-M Return items are delivered. These Marine safety, Navigation (water). stamps are available to any Federal PART 100— SAFETY OF LIFE ON agency and their use does not require POSTAL SERVICE NAVIGABLE WATERS additional costs for equipment and can 39 CFR Part 111 be quickly implemented. For high Regulations volume operations, an inexpensive In consideration of the foregoing Part Merchandise Return Service for penalty mail postage meter can be 100 of Title 33, Code of Federal Federal Agencies obtained or the agency can establish an Regulations, is amended as follows: advance deposit account. Because the 1. The authority citation for Part 100 a g e n c y : Postal Service. proposed procedures contain adequate continues to read as follows: a c t i o n : Final rule. provision for postage payment which Authority: 33 U.S.C. 1233; 49 CFR 1.46(b) can be implemented easily and and 33 CFR 100.35. s u m m a r y : This rule establishes final inexpensively by the using agency, the regulations permitting federal agencies requested waiver is not granted.. 2. Part 100 is amended by adding the to use Merchandise Return Service. For the reasons given and after careful § 100.35 11-85-17 to read as follows: Merchandise Return Service provides a consideration, the Postal Service hereby 48088 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules and Regulations adopts the following changes and have the desired special service address, and telephone number of a additions to the Domestic Mail Manual, preprinted on them. contract person for the agency. which is incorporated by reference in ★ * * * * (c) The agency must renew the license by December 31 each year by providing the Code of Federal Regulations. (39 h. Penalty M erchandise Return. CFR l l l . l ) the post office with a renewal request (1) Description. Merchandise return letter that contains up-to-date local List of Subjects in 39 CFR Part 111 service allows a merchandise return contact information for the agency and permit holder to authorize individuals Postal Service. the annual fee payment in accordance and organizations to send First-Class with (5}c. PART 111— [AMENDED] (Priority), third-, and fourth-class parcels (3) Label Format. The one-part to the permit holder. The permit holder merchandise return label available for 1. The authority citation for 39 CFR pays the return postage and fees. (See use by Federal Government agencies Part 111 continues to read as follows: 919.) (Exhibit 137.276h(3j) must bear the Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, (2) Application, (a) An agency must address of one of the authorized 404, 407, 408, 3001-3011, 3201-3219, 3403-3405, apply by letter to the Manager, Official agencies listed in 137.252 or one of their 3601, 3621; 42 U.S.C. 1973 cc-13,1973 cc-14. Mail Accounting Branch, for components. The label must be printed authorization to use merchandise return PART 137—OFFICIAL MAIL in the format required by 919.4 with the labels. A single permit number will be following exceptions; 2. Revise 137.276 a and f and add new assigned to each agency unless the (a) The phrases "Official Business” 137.276h to read as follows: agency requests multiple numbers. and “Penalty for Private Use, $300” must .276 Penalty Reply Mail. (b) An agency authorized to use be printed immediately below the return a. Restriction to Approved Formats. merchandise return service must submit address and above the class of service Agencies may distribute penalty Form 3625, M erchandise Return Permit requested in the upper left comer of the envelopes, cards, cartons, or labels to Application, with a copy of the label. any person, concern, or organization authorization letter from Manager, (b) The name of the post office from whom or through whom official Official Mail Accounting Branch, to each required to appear in the "Merchandise matter is desired by: (1) Using the post office where parcels will be Return Label” legend must be the same penalty business reply format provided returned. In addition the agency must as the post office to which the matter by 137.276g; (2) using the penalty furnish the local post office the name, has been authorized to be returned. metered reply format provided by 137.276d; (3) affixing penalty mail adhesive stamps or using penalty mail stamped stationery as provided in CLASS OF MAW. ENDORSEMENT 137.276e; (4) using the penalty merchandise return label as provided in Agency Name DELIVERY POST OFFICE 137.267h; or (5) following the special Delivery Address COMPUTE POSTAGE DUE NO POSTAGE NECESSARY City. State ZIP Code (See 919 7 Domestic Man Manual) services reply procedures in 137.267f. IF MAILED OFFICIAL BUSINESS IN THE Standard penalty indicium envelopes, Penalty lot Private Use $300 cards, cartons, and labels described in UNITED STATES 137.272 may not be distributed for reply ACCEPTANCE POST OFFICE FOR ANCILLARY SERVICES ONLY purposes except as provided in 137.276f, POSTAGE ' or when used to return matter to the MERCHANDISE RETURN F E E ------Bureau of the Census as provided in INSURANCE FEE IF ANY .------TOTAL POSTAGE DUE $ ______137.276b. (See 919.6 Domestic Man Manual) it' it it it it f. Penalty Special Services Reply M ail. Agencies may distribute penalty MERCHANDISE RETURN LABEL INSURANCE PERMIT NO 1 CONESTOGA. PA. 17516 envelopes, cards, cartons or labels for REQUESTED ENDORSEMENT O S GOVT AGENCY 501 FIRST AVE return with a special service, by using the standard penalty indicium format in POSTAGE DUE UNIT O S. POSTAL SERVICE 137.272a, Prior written approval is CONESTOGA.PA 17516 required from the Manager, Official Mail AGENCY NAME Accounting Branch. [Exception: An authorized merchandise return permit holder may have merchandise return Exhib it 137.276 h (3) matter insured in accordance with 137.276h(4).} Requests to use this procedure must be submitted in writing to the Manager, Official Mail (4) Special Services —In su ran ce, (a) preprinted on the Merchandise Return Accounting Branch, Room 8621, Only the permit holder may request that Label. It may not be typewritten, Department of the Controller, USPS the m ail piece be insured. handwritten, or rubber stamped. Headquarters, Washington, DC 20260- 5215. Such requests must include: (1) the (b) Indemnity under Penalty Mail "Insurance Desired by Shipper $(valu e)" service desired; (2) the post offices to Merchandise Return is limited to $50. which the mail will be returned; and (3) Items requiring insurance greater than (5) Payment of Postage and Fees, (a) the proposed procedures to determine $50 may not be mailed under the Penalty Agencies will be charged an annual actual volume and postage due. Return Mail Merchandise Return procedures. merchandise return permit fee of $50 for envelopes, cards, cartons, or labels (c) Items requiring insurance must each post office where merchandise distribted under this provision must have the following information return matter is returned. M etri Regger / Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules and Regulations 48089

(b) The amount to be paid for penalty ADDRESS: Federal Communications M odification o f FM and TV Station mail merchandise return matter is the Commission, Washington, DC 20554. L ic en ses, 98 F.C.C. 2d 916 (1984).1 appropriate postage for the class of FOR FURTHER INFORMATION CONTACT: 4. In light of RIMCO’s expressed service requested plus a fee of 30 cents Nancy V. Joyner, Mass Media Bureau, interest in applying for a Class C per parcel. The insurance fee is (202J 634-6530. channel at Payson, and in accord with additional where applicable. our present modification policy, we have SUPPLEMENTARY INFORMATION: (c) Postage and fees including the determined that Channel 266 is annual permit fee will be paid either by List of Subjects in 47 CFR Part 73 available at that community. However, postage meter strip, penalty mail in order to conform with the minimum stamps, or cash to the post office(s) Radio broadcasting. spacing standards of § 73.207(b) of the authorized to process merchandise The authority citation for Part 73 Commission’s Rules, the transmitter for return matter. continues to read: Channel 266 must be sited in an area (6) Cancellation o f permit. A permit Authority: Secs. 4 and 303, 48 Stat. 1066, as approximately 18.5 kilometers (11.5 may be cancelled by the Manager, amended, 1082, as amended; 47 U.S.C. 154, miles) south of Payson to avoid Official Mail Accounting Branch for any 303. Interpret or apply secs. 301, 303, 307, 48 shortspacing on the co-channel to violation of postal regulaions including: Stat. 1081,1082, as amended, 1083, as Station KBBCfFM), Lake Havasu City, (a) Refusal to accept and pay the amended, 47 U.S.C. 301,303,307. Other Arizona, and to the protected 16 required charges for merchandise return statutory and executive order provisions kilometer buffer zone of Station offered for delivery. authorizing or interpreted or applied by KCKK(FM), Kanab, Utah. specific sections are cited to text (b) Distributing merchandise return 5. In view of the above determination, labels which do not conform to Postal Report and Order (Proceeding we believe the public interest would Service specifications. Terminated) benefit from the substitution of Class C Channel 282 for Channel 280A at (c) Failure to renew permit in In the matter of amendment of § 73.202(b), accordance with 137.276h(2)(c). Table of Allotments, FM Broadcast Stations Payson, since it could provide a wide- (7) Receipt o f Parcels After (Payson, Arizona), MM Docket No. 84-300, coverage service to the area. As Cancellation o f Permit. When a permit RM-4649. indicated in the N o tice, Channel 282 can is cancelled, parcels received after the Adopted: November 8,1985. be allotted to Payson consistent with the cancellation will be treated in Released: November 15,1985. required separation standards of accordance with 919.233 a and b. By the Chief, Policy and Rules Division. § 73.207(b) of the Commission’s Rules. Therefore, we shall modify the license of A transmittal letter malting these 1. The Commission has before it for Station KKJJ(FM) to specific operation changes in the pages of the Domestic consideration the Notice of Proposed on Channel 282 at Payson, Arizona. Mail Manual will be published and will Rule Making herein, 49 FR 17979, 6. Since Payson is within 320 be transmitted to subscribers published April 26,1984, issued in kilometers (199 miles) of the United automatically. Notice of issuance of the response to a petition filed by High States-Mexico border, concurrence in transmittal letter will be published in Country Broadcasting (“petitioner”), the proposals by the Mexican the Federal Register as provided by 39 licensee of Station KKJJ(FM) (formerly government was obtained. CFR 111.3. KPSN(FM)), Payson, Arizona, requesting W. Allen Sanders, the substitution bf Class C Channel 282 PART 73— [AMENDED] Associate General Counsel, Office o f General for Channel 280A and modification of its Law and Administration. license accordingly. In response to the 7. Accordingly, pursuant to the [FR Doc. 85-27796 Filed 11-20-85; 8:45 amj N o tice, petitioner filed comments authority contained in sections 4{i), BILLING CODE 7710-12-M reiterating its interest in Channel 282. 5(c)(1), 303 (g) and (r) and 307(b) of the Comments and an expression of interest Communications Act of 1934, as were filed by RIMCO, Inc. (“RIMCO”). amended, and §§ 0.61, 0.204 and 0.283 of FEDERAL COMMUNICATIONS the Commissions’s Rules, it is ordered, COMMISSION Reply comments were filed by the petitioner. that effective December 23,1985, the FM Table of Allotments, § 73.202(b) of the 47 CFR Part 73 2. In its comments, RIMCO cites the Commission’s Rules is amended with Commission’s Cheyenne, Wyoming [MM Docket No. 84-300: RM-4649] respect to the community listed below, policy, 62 F.C.C 2d 63 (1976) for the as follows: FM Broadcast Station in Payson, AZ proposition that in light of its expressed interest, Station KKJJ(FM) cannot be a g e n c y : Federal Communications modified to Channel 282, but rather, that Commission. the channel must be open to all City Channel No. a c t io n : Final rule. interested parties. 3. The policy cited by RIMCO has Payson, AZ...... 266, 282 Su m m a r y : Action taken herein been superseded by the Commission’s substitutes Class C FM Channel 282 for subsequent amendment of § 1.420 of its Channel 280A at Payson, Arizona, and Rules, effective September 24,1984, by 8. It is further ordered, that pursuant modifies the Class A license of Station adding subpart (g). That provision to section 316(a) of the Communications KKJJ(FM), in response to a petition filed permits the Commission to modify the by High County Broadcasting. In license or permit of a station requesting 1 It should be noted that the Commission is presently considering a proposal in MM OKT. 85- addition, Class C FM Channel 266 is a change in its facilities to a higher class allocated to Payson as that community’s 313, 50 FR 45439, published October 31,1985, to of channel in the course of a rule making further amend § 1.420(g) of its rules concerning co- second local FM broadcast service, in proceeding for an FM channel allotment channel or adjacent channel modification requests. response to an expression of interest by provided an additional equivalent As proposed, it will permit FM stations to upgrade RIMCO, Inc. on the co-channel or adjacent channels without channel is made available for other demonstrating the availability of another equr aient e f f e c t iv e d a t e : December 23,1985. parties expressing an interest. See, class of channel for other expressed interests. 48090 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules and Regulations

Act of 1934, as amended, the license of EFFECTIVE DATE: December 23,1985. allotment of three new Class C2 High Country Broadcasting for Station ADDRESS: Federal Communications channels, it argues that the Commission KKJJ, Payson, Arizona, is modified Commission, Washington, DC 20554. must first issue a Notice and seek comments on the new proposals rather effective December 23,1985, to specify FOR FURTHER INFORMATION CONTACT: than allow these parties to "ride the operation on Channel 282 in lieu of Patricia Rawlings, Mass Media Bureau, coattails of the original Paris proposal.” Channel 280A. The license modification (202) 634-6530. In this regard, petitioner states that for Station KKJJ(FM) is subject to the SUPPLEMENTARY INFORMATION: following conditions: there are three other Class C2 channels (a) The licensee shall submit to the List of Subjects in 47 CFR Part 73 available for allotment should the Commission institute a new proceeding. Commission a minor change application Radio broadcasting. for a construction permit (Form 301), 3. In its reply comments, Lamar states The authority citation for Part 73 specifying the new facilities. that petitioner’s speculative remarks as (b) Upon grant of the construction continues to read: to the reasons why parties haVe permit, program tests may be conducted Authority: Secs. 4 and 303, 48 Stat. 1066, as requested consolidation are totally in accordance with § 73.1620. amended, 1082, as amended; 47 U.S.C. 154, without merit. Lamar contends there is (c) Nothing contained herein shall be 303. Interpret or apply secs. 301, 303, 307, 48 no bar, either procedtirally or construed to authorize a change in Stat. 1081,1082, as amended, 1083, as substantively, to consideration of its transmitter location or to avoid the amended, 47 U.S.C. 301, 303, 307. Other statutory and executive order provisions request for modification in conjunction necessity of filing an environmental authorizing or interpreted or applied by with this proceeding. Lamar believes the impact statement pursuant to § 1.1301 of specific sections are cited to text. most effective way to allocate three new the Commission’s Rules. Class C2 channels to a community is in 9. It is further ordered, that the Report and Order (Proceeding one proceeding rather than three Secretary of the Commission shall send Terminated) proceedings. KTXU adds that if a copy of this O rd er by Certified Mail, .‘ In the matter of amendment of § 73.202(b), petitioner’s opposition is successful, it Return Receipt Requested, to High Table of Allotments, FM Broadcast Stations would have the effect of delaying Country Broadcasting, c/o Chuck (Paris, Texas); MM Docket No. 85-212, RM- improved service by the existing Paris, Crisler, 200 W. Frontier, Payson, AZ 4925, RM-5137, RM-5141. Texas, stations. 85541. Adopted: November 4,1985. 4. We believe the three requests 10. It is further ordered, that this’ Released: November 15,1985. should be consolidated in the instant proceeding is terminated. By the Chief, Policy and Rules Division. proceeding in order to avoid 11. The filing window for filing 1. The Commission has before it for unnecessary delay in initiating new applications on Class C Channel 266 at service and unnecessary burdens on Payson, Arizona will open on December consideration the Notice o f Proposed Rule Making, 50 FR 29453, published Commission resources. Although 24,1985 and close on January 22,1986. petitioner argues that notice and 12. For further information concerning July 19,1985, proposing the allotment of comment are necessary before we could the above, contact Nancy V. Joyner, Channel 230C2 to Paris, Texas, as that allocate additional channels at Paris or Mass Media Bureau, (202) 634-6530. community’s third FM service, at the request of Gene Sudduth Co., Inc. modify the existing licenses, we believe Federal Communications Commission. (“petitioner”). Petitioner submitted such additional procedures are Charles Schott, supporting comments reiterating its unnecessary. The scope of the N o tice Chief, Policy and Rules Division, Mass Media intention to apply for the channel. In permits the Commission to allot Bureau. response to th eN o tice, separate additional channels to Paris. We know [FR Doc. 85-27774 Filed 11-20-85; 8:45 am] proposals were filed by Lamar County of no other communities adversely BILLING CODE 6712-01-M Broadcasting ("Lamar”),.licensee of affected by the additional channels. As Station KBUS-FM, Channel 280A, Paris, for the modification of two licenses and KPLT, Incorporated (“KTXU”), requested herein, the Commission’s 47 CFR Part 73 licensee of Station KTXU-FM, Channel “Helena” policy [M odification ofFM [MM Docket No. 85-212; RM-4925; RM- 257A, Paris, requesting modification of Station Licenses, 98 F.C.C. 2d 916 (1984)) 5137; RM-5141] their facilities to specify operation on allows such modification of licenses Channel 270C2 and Channel 259C2, where an additional equivalent channel FM Broadcast Station in Paris, TX respectively. Petitioner filed an is available for general application. The Commission’s action did not a g e n c y : Federal Communications opposition. Lamar and KTXU filed reply contemplate further proceedings in order Commission. comments. Hayden G. Jackson and M. Lindsay Jackson (“Jackson”) filed late to accomplish the modifications since it a c t i o n : Final rule. r comments.1 is not necessary to elicit still other s u m m a r y : Action taken herein, at the 2. Petitioner, in its opposition, ' expressions of interest. The additional request of Gene Sudduth Co., Inc., allots requests that the Commission deny channel (230C2) would be available for Channel 230C2 to Paris, Texas, as that ^ consolidation of the Lamar and KTXU general application here. community’s third FM service. In petitions. Petitioner argues that the 5. We have determined that three addition, Channels 270C2 and 299G2 are proposals are intended to delay Class C2 channels can be allotted to substituted for Channels 280A and 257A, inauguration of new service to Paris. Paris, Texas, consistent with the respectively, at the reqpest of Lamar Although it does not object to the Commission’s minimum distance County Broadcasting and KPLT, separation requirements provided site Incorporated, the licensees of existing *The late-filed comments of Jackson have not restrictions are imposed. Channel 230C2 Class A Stations KBUS-FM (Channel been accepted for consideration herein because requires a site restriction of 17.2 280A), and KTXU-FM (Channel 257A). they were filed late and were not accompanied by a kilometers (10.7 miles) north of Paris to request for their acceptance. However, Jackson may avoid short spacings to Station KMBQ- The licenses for these stations are also initiate a new proceeding to allot a Class A channel modified to Channels 270C2 and 299C2, to Paris, Texas, in accordance with § 1.401 of the FM, Channel 229, at Shreveport, respectively. - Commission’s rules. Louisiana', and Station KESS-FM, 'Register / Vol. 50, No. 225 / Thursday, November 21« 1985 / Rules and Regulations 48091

Channel 231 at Fort Worth, Texas. (b) Upon grant of the construction Adopted; November 4,1985. Channel 270C2 can be used by Station permit, program tests may be conducted Released: November 15,1985. KBUS (FM) with a site restriction of 13.5 in accordance with § 73.1620; and By the Chief, Policy and Rules Division. kilometers (8.4 miles) east of the city to (c) Nothing contained herein shall be avoid short spacings to Station KDSQ- construed to authorize a change in 1. The Commission has before it for FM, Channel 269A at Denison, Texas, transmitter location or to avoid the consideration the Notice of Proposed and Station KTXQ-FM, Channel 271 at necessity of filing an environmental Rule Making, 50 F.R. 26231, published Fort Worth, Texas. Channel 259C2, impact statement pursuant to § 1.301 of June 25,1985, proposing the allotment of which was requested by Station KTXU, the Commission’s Rules. FM Channel 257A to Spotsylvania, at Paris, is in conflict with a proposal to 9. The window period for filing Virginia, as that community’s first FM allot the same channel to Atlanta, applications for Channel 230C2 will service, at the request of Keith E. Texas, as a substitution for Channel open on December 24,1985, and close on Angstadt (“petitioner"). Petitioner filed 257A (RM-5094). Therefore, in order to January 22,1986. supporting comments reiterating his resolve that conflict, we have found an 10. It is further ordered, that this intention to apply for the channel.1 alternate channel. A staff engineering proceeding is terminated. Comments were also filed by Therese A. study reveals that Channel 299C2 can be 11. For further information concerning Hayes (“Hayes”) and Greater Media, used by Station KTXU with a site this proceeding, contact Patricia Inc. (“Greater Media”), licensee of restriction of 8.2 kilometers (5.1 miles) Rawlings, Mass Media Bureau, (202) Station WGAY(FM), Channel 258, northeast of the community to avoid 634-6530. Washington, D.C. short spacing to Station KAND, Channel 2. Channel 257A can be allotted to Federal Communications Commission. 300, at Corsicana, Texas. Spotsylvania in compliance with the Charles Schott, 6. Accordingly, the Commission Commission’s minimum distance believes the public interest would be Chief, Policy and Rules Division, Mass Media separation requirements with a site Bureau. served by the allotment of the three restriction of 11.4 kilometers (7.1 miles) Class C2 channels to Paris, Texas. [FR Doc. 85-27778 Filed 11-20-85; 8:45 am] southwest of the community. This Channel 230C2 will be made available BILLING CODE 6712-01-M restriction is necesary to avoid short for general application; Channel 270C2 spacing to FM Station WGAY in will be substituted for Channel 280A Washington, D.C. However, since a site 47 CFR Part 73 with the license for Station KBUS restriction 11.4 kilometers removed from modified accordingly, and Channel [MM Docket No. 85-199; RM-4952] the center of the city may prove difficult 299C2 substituted for Channel 257A with to provide city-grade (70 dBu) signal to the license for Station KTXU also FM Broadcast Station in Spotsylvania, the principal community, the N o tice modified. VA requested the petitioner to provide information that a site is available PART 73— [AMENDED] AGENCY: Federal Communications which would provide a city-grade signal Commission. * 7. Accordingly, pursuant ot the to the community. a c t i o n : Final rule. authority contained in sections 4(i), 3. Petitioner states that he has found a 5(c)(1), 303 (g) and (r), and 307(b) of the s u m m a r y : Action taken herein allots transmitter site that will meet the Communications Act of 1934, as Channel 257A to Spotsylvania, Virginia, Commission’s minimum distance amended, and §§ 0.61, 0.204(b) and 0.283 as that community's first FM service, at separation requirements and provide a of the Commission’s Rules, it is ordered, the request of Keith E. Angstadt. city-grade signal to Spotsylvania. Hayes, that effective December 23,1985, the FM in its supporting comments and an EFFECTIVE DATE: December 23,1985. Table of Allotments, § 73.202(b) of the amendment thereto, expressed an rules, is amended with regard to the a d d r e s s : Federal Communcations interest in the channel and provided following community; Commission, Washington, DC 20554. information regarding site availability. FOR FURTHER INFORMATION CONTACT: 4. Greater Media opposes the proposal Patricia Rawlings, Mass Media Bureau, because it states that the petitioner used City Channel No. (202)634-6530. incorrect coordinates for Station WGAY SUPPLEMENTARY INFORMATION: when calculating the distance Paris, TX...... „ „...... 230C2, 270Ç2, and 299C2. List of Subjects in 47 CFR Part 73 separation. However, the Commission’s site restriction of 11.4 kilometers 8. It is further ordered, pursuant to the Radio. southwest would meet this concern authority contained in section 316 of the The authority citation for Part 73 about compliance with the separation Communications Act of 1934, as continues to read: requirements. As for city grade amended, that the license of Station Authority: Sees. 4 and 303, 48 Stat. 1066, as coverage, our engineering study has KBUS-FM, Paris, Texas, is modified to amended, 1082, as amended; 47U.S.C. 154, confirmed that a 70 dBu signal can be specify operation on Channel 270C2 in 303. Interpret or apply secs. 301, 303, 307, 48 provided from the restricted site, lieu of Channel 280A and that the Stat. 1081,1082, as amended, 1083, as 5. In view of the foregoing, the license of Station KTXU-FM, Paris, amended, 47 U.S.C. 301, 303, 307. Other Commission believes that the public Texas, is modified to specify operation statutory and executive order provisions interest would be served by the on Channel 299C2 in lieu of Channel authorizing or interpreted or applied by specific sections are cited to text. allotment of FM Channel 257A to 257A. The modifications are subject to Spotsylvania, Virginia, thereby the following conditions; Report and Order (Proceeding (a) At least 30 days before operating Terminated) 1 Petitioner orginiaUy mailed his comments to the on the new channel, the licensee shall In the matter of amendment of § 73.202(b), Commission on July 20,1985, which would have met submit to the Commission a minor Table of Allotments, FM Broadcast Stations the comment deadline. Howfever, they were never change application for a construction received. Petitioner then resubmitted his comments (Spotsylvania, Virginia), MM Docket No. 85- before the reply comment period expired. We have permit (Form 301); 199, RM-4952. therefore accepted the comments as timely filed. 48092 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules and Regulations providing that community with its first Stat. 1081,1082, as amended, 1083, as Television Table of Assignments, FM service, amended, 47 U.S.C. 301, 303, 307. Other § 73.606(b) of the Commission’s Rules, is statutory and executive order provisions amended with respect to Flagstaff, authorizing or interpreted or applied by PART 73— [AMENDED] Arizona, as follows: specific sections are cited to text. 6. Accordingly, pursuant to the Report and Order (Proceeding authority contained in sections 4(i), City Channel No. Terminated) 5(c)(1), 303 (g) and (r) and 307(b) of the 2, 4+, 9.13. and *16. Communications Act of 1934, as In the matter of Amendment of § 73.606(b), amended, and § § 0.61,0.204(b) and 0.283 Table of Assignments, TV Broadcast Stations of the Commission’s Rules, it is ordered, (Flagstaff, Arizona) MM Docket No. 85-4, 6. It is further ordered, that this RM-4849. That effective December 23,1985, the Adopted: November 1,1985. proceeding is terminated. FM Table of Assignments, § 73.202(b) of Released: November 15,1985. 7. For further information concerning the Rules, is amended with regard to the By the Chief, Policy and Rules Division. the above, contact Nancy V. Joyner, following community: Mass Media Bureau, (202) 634-6530. 1. Before the Commission for Federal Communications Commission. City Channel consideration is the Notice of Proposed No. Rule Making, 50 FR 4240, published Charles Schott, January 30,1985, proposing the Chief Policy and Rules Division, Mass Media 257A assignment of VHF television Channel 9 Bureau. to Flagstaff, Arizona, as that [FR Doc. 85-27773 Filed 11-20-85; 8:45 amj 7. The window period for filing community’s fourth commercial BILLING CODE 6712-01-M applications will open on December 24, television service, in response to a 1985, and close on January 22,1986. petition filed by Terrell Communications 8. It is further ordered, that this (“petitioner”). Supporting comments 47 CFR Part 73 proceeding is terminated. were filed by petitioner reiterating its 9. For further information concerning intention to apply for the channel, if [MM Docket No. 85-9; RM-4848] this proceeding, contact Patricia assigned. TV Broadcast Station in El Dorado, AR Rawlings, Mass Media Bureau (202) 634- 2. Flagstaff (population 34,743),1 the 6530. seat of Coconino County (population AGENCY: Federal Communications Federal Communications Commission. 75,008), is located in northern Arizona, Commission. Charles Schott, approximately 190 kilometers (120 miles) ACTION: Final rule. north of Phoenix, Arizona. Currently, Chief, Policy and Rules Division, Mass Media Bureau. Flagstaff is served by commercial SUMMARY: Action taken herein assigns television Stations KNAZ-TV (Channel [FR Doc. 85-27779 Filed 11-20-85; 8:45 am) UHF television Channel 49 to El Dorado, 2), Channel 4 (vacant), and KKTM BILLING CODE 6712-01-M Arkansas as that community’s third (Channel 13, CP issued), as well as local commercial television broadcast noncommercial educational Channel *16 service in response to a petition filed by 47 CFR Part 73 (vacant). Steven D. King. 3. As indicated in the N o tice, a staff EFFECTIVE DATE: December 23,1985. [MM Docket No. 85-4; RM-4849] engineering study reveals that VHF television Channel 9 can be assigned to a d d r e s s : Federal Communications TV Broadcast Station in Flagstaff, AZ Flagstaff consistent with the minimum Commission, Washington, D.C. 20554. FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Communications distance separation requirements of Nancy V. Joyner, Mass Media Bureau, Commission. § 73.610 of the Commission’s Rules. Additionally, since the proposed (202) 634-6530. ACTION: Final rule. assignment is within 400 kilometers (250 SUPPLEMENTARY INFORMATION: miles) of the common U.S.-Mexico s u m m a r y : Action taken herein assigns List of Subjects in 47 CFR Part 73 VHF television Channel 9 to Flagstaff, border, concurrence of the Mexican Arizona, as that community’s fourth government was obtained. Television broadcasting. commercial television service, in 4. In view of the above, the The authority citation for Part 73 response to a petition filed by Terrell Commission believes the public interest continues to read: Communications. would benefit by the allocation of a fourth commercial television outlet at Authority: Secs. 4 and 303, 48 Stat. 1066, as EFFECTIVE DATE: December 23,1985. amended, 1082, as amended; 47 U.S.C. 154, Flagstaff for the expression of 303. Interpret or apply secs. 301, 303, 307, 48 a d d r e s s : Federal Communications diversified viewpoints and Stat. 1081,1082, as amended, 1083, as Commission, Washington, D.C. 20554. programming. amended, 47 U.S.C. 301, 303, 307. Other FOR FURTHER INFORMATION CONTACT: statutory and executive order provisions Nancy V. Joyner, Mass Media Bureau, PART 73— [AMENDED] authorizing or interpreted or applied by specific sections are cited to text. (202)634-6530. 5. Accordingly, pursuant to the SUPPLEMENTARY INFORMATION: authority contained in sections 4(i), Report and Order (Proceeding List of Subjects in 47 CFR Part 73 5(c)(1), 303 (g) and (r) and 307(b) of the Terminated) Communications Act of 1934, as Television broadcasting. In the matter of Amendment of § 73.606(b), amended, and § § 0.61,0.024(b) and 0.283 Table of Assignments, TV Broadcast Stations The authority citation for Part 73 of the Commission’s Rules, it is ordered, (El Dorado, Arkansas), MM Docket No. 85-9, continues to read: That effective December 23,1985, the RM-4848. Authority: Secs. 4 and 303, 48 Stat. 1066, as Adopted: November 1,1985. amended, 1082, as amended; 47 U.S.C. 154, 1 Population figures were extracted from the 1980 Released: November 15,1985. 303. Interpret or apply secs. 301, 303, 307, 48 U.S. Census. By the Chief, Policy and Rules Division. Federaljtegister / Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules and Regulations 48093

1. The Commission herein considers Federal Communications Commission. 1. The Commission has before it for the Notice o f Proposed Rule Making, 50 Charles Schott, consideration the Notice o f Proposed FR 5404, published February 8,1985, Chief, Policy and Rules Division, Mass Media Rule Making, 50 FR 15591, published proposing the assignment of UHF Bureau. April 29,1985, seeking comments on the television Channel 49 to El Dorado, [FR Doc. 85-27775 Filed 11-20-85; 8:45 am] proposed assignment of VHF TV Arkansas,1 as that community’s third BILLING CODE 6712-01-M Channel 11 to Pendleton, Oregon, at the commercial service, in response to a request of Terrell Communications petition filed by Steven D. King (“petitioner”). Petitioner filed comments ("petitioner”). Petitioner submitted 47 CFR Part 73 reiterating its intention to apply for the comments in support of the N o tic e and channel, if assigned. indicated his intention to apply for the [MM Docket No. 85-73; RM-4850] 2. As stated in the N o tice, the channel, if assigned. No other comments assignment of Channel 11 at Pendleton were received. TV Broadcast Station in Pendleton, required the offsets on unused and 2. El Dorado (population 25,270),2 the OR, Missoula and Havre, MT unapplied for Channel *11— at seat of Union County (population Missoula, Montana, and unused and 48,573), is located in south central a g e n c y : Federal Communications Commission. unapplied for Channel 11 + at Havre, Arkansas, approximately 170 kilometers Montana, be reversed. With the change (105 miles) south of Little Rock. a c t io n : Final rule. in offsets, Channel 11— can be assigned Currently, El Dorado has the following to Pendleton, Oregon, in compliance television assignments: Channel 10 SUMMARY: Action taken herein assigns with the Commission's minimum (KTVE-TV), Channel *30 (vacant) and VHF TV Channel 11 — to Pendleton, distance separation and other technical Channel 43 (KCMM-TV). Oregon, as that community’s first local requirements. 3. The Commission believes the public television service, at the request of interest would be served by assigning Terrell Communications. The offset for PART 73— [AMENDED] UHF television Channel 49 to El Dorado, unused and unapplied for Channel 11 at since it could provide the community Havre, Montana, is changed to specify 3. In view of the expressed interest in with its third local commercial “minus” rather than its current "plus” the assignment of VHF TV Channel 11 — television service. As indicated in the designation, and the offset on unused at Pendleton, Oregon, the Commission N otice, the assignment can be made and unapplied for Channel 11 at believes the public interest would be consistent with the minimum distance Missoula, Montana, is changed to served by assigning the channel, as it could provide the community with its separation requirements of § 73.610 and specify “plus” rather than its current 73.698 of the Commission’s Rules. "minus” designation. first local television service. Canadian concurrence in the proposed assignment PART 73— [AMENDED] e f f e c t iv e DATE: December 23,1985. has been received. Accordingly, ADDRESS: pursuant to the authority contained in 4. Accordingly, pursuant to the Federal Communications Commission, Washington, D.C. 20554. sections 4(i), 5(c)(1), 303 (g) and (r) and authority contained in sections 4(i), 307(b) of the Communications Act of FOR FURTHER INFORMATION CONTACT: 5(c)(1), 303 (g) and (r) and 307(b) of the 1934, as amended, and § § 0.61, 0.204(b) Communications Act of 1934, as Leslie K. Shapiro, Mass Media Bureau, and 0.283 of the Commission’s rules, it is amended, and §§ 0.61,0.204(b) and 0.283 (202) 634-6530. ordered, that effective December 23, of the Commission’s Rules, it is ordered, SUPPLEMENTARY INFORMATION: 1985, the Television Table of that effective December 23,1985, the Assignments, § 73.606(b) of the rules, is Television Table of Assignments, List of Subjects in 47 CFR Part 73 amended with respect to the following § 73.606(b) of the Commission’s Rules, is Television broadcasting. communities, to read as follows: amended with respect to the community listed below, as follows: The authority citation for Part 73 continues to read: City Channel No. City Channel No. Authority: Secs. 4 and 303,48 Stat. 1066, as Havre, MT...... 9+, 11-, and *18-- amended, 1082, as amended; 47 U.S.C. 154, 8-, *11+, 13-, 17-, and El Dorado, AR...... 10-, *30+, 43-, and 49-, 23-. 303. Interpret or apply secs. 301, 303, 307, 48 Pendleton, OR...... 11-. Stat. 1081,1082, as amended 1083, as 5. It is further ordered, that this amended, 47 U.S.C. 301, 303, 307. Other proceeding is terminated. statutory and executive order provisions 4. It is further ordered, that this authorizing or interpreted or applied biy proceeding is terminated. 6. For further information concerning specific sections are cited to text. the above, contact Nancy V. Joyner, 5. For further information concerning Mass Media Bureau, (202) 634-6530. Report and Order (Proceeding this proceeding, contact Leslie K. Terminated) Shapiro, Mass Media Bureau, (202) 634- 6530. Petitioner originally proposed the dereservation In the matter of Amendment of § 73.606(b), of UHF television Channel *30 at El Dorado to free Table of Assignments, TV Broadcast Stations Federal Communications Commission. it for commercial use. However, as stated in the Charles Schott, N otice, the Commission generally refrains from such (Pendleton, Oregon, Missoula and Havre, requests where, as here, an alternate channel is Montana), MM Docket No. 85-73, RM-4850. Chief, Policy and Rules Division, Mass Media available for commercial use. Adopted: November 4,1985. Bureau. 2 Population figures were extracted from the 1980 Released: November 15,1985. [FR Doc. 85-27777 Filed 11-20-85; 8:45 am] U.S. Census. By the Chief, Policy and Rules Division BILLING CODE 6712-01-M 48094 Proposed Rules Federal Register Val. 50, No. 225 Thursday, November 21, 1985

This section of the FEDERAL REGISTER (USDA) procedures established in acceptable level of 15.5 percent Similar contains notices to the public of the accordance with provisions of Executive requirements are found at 7 CFR proposed issuance of rules and Order 12291 and Departmental 1421.211(b) for warehouse-stored regulations. The purpose of these notices Regulation No. 1512-1 and has been sorghum and 7 CFR 1421.366(b) for is to give interested persons an classified “not major.’’ It has been warehouse-stored soybeans pledged as opportunity to participate in the rule collateral for CCC price support loans, making prior to the adoption of the final determined that these program rules. provisions will not result in: (1) An except that the maximum acceptable annual effect on the economy of $100 moisture level sorghum and soybeans is million or more; (2) Major increases in 14.0 percent. DEPARTMENT OF AGRICULTURE costs or prices for consumers, individual Some warehouses have indicated that industries, Federal, State, or local 15.5 percent moisture com and 1441 Commodity Credit Corporation government agencies or geographic percent moisture sorghum and soybeans 7 CFR Part 1421 regions; or (3} Significant adverse effects are difficult to store under certain on competition, employment, circumstances. Accordingly, this Loan and Purchase Programs; Grain; investment productivity, innovation, or proposed rale would amend 7 CFR Warehouse Approval Standards on the ability of U.S.-based enterprises 1421.91,1421.93, and 1421.94 to provide to compete with foreign-based that, effective for the 1986 and a g e n c y : Commodity Credit Corporation! enterprises in domestic or export subsequent crops, warehosue-stored USDA. markets. com pledged as collateral for CCC price a c t i o n : Proposed rule. The title and number of the Federal support loans must not contain over 14.0 assistance program to which this percent moisture. The regulations at 7 SUMMARY: This proposed rule would proposed rule applies are: Title— CFR 1421.211,1421.213, and 1421.214 amend the regulations at 7 CFR Part Commodity Loans and Purchases; would be amended by this proposed rule 1421 to provide for changes with respect Number:—10.051, as found in the Catalog to reduce the maximum acceptable to acceptable moisture levels for of Federal Domestic Assistance. moisture level for 1988 and subsequent warehouse-stored corn, sorghum, and It has been determined that the crops of sorghum pledged as collateral soybeans pledged as collateral under Regulatory Flexibility Act is not for CCC price support loans from 1441 the 1986 and subsequent crap year percent to 13.0 percent. Similarly, the Commodity Credit Corporation (CCC) applicable to this proposed rule since regulations at 7 CFR 1421.366,1421.388, price support loan and purchase CCC is not required by 5 U.S.C. 553 or and 1421.369 would be amended to programs. This proposed rule would any other provision of law to publish a reduce the maximum acceptable reduce the maximum acceptable level notice of proposed rulemaking with moisture level for 1986 and subsequent for warehouse-stored com, sorghum, respect to the subject matter of this rule. crops of soybeans pledged as collateral and soybeans to more accurately reflect It has been determined by an for CCC price support loans from 14.0 commercial warehouse storage environmental evaluation that this percent to 13.0 percent. If the warehouse practices. action will have no significant impact on the quality of the human environment. receipt representing the grain indicates DATE: Comments must be received on or Therefore, neither an environmental that the grain has a moisture content before January 21,1986. assessment nor an Environmental higher than the maximum acceptable ADDRESS: Send comments to Director, Impact Statement is needed. moisture content, the warehouse receipt Cotton, Grain, and Rice Price Support This program/activity is not subject to must be accompanied by a supplemental Division, Agricultural Stabilization and the provisions of Executive Order 12372 certificate which states that the grain Conservation Service, U.S. Department which requires intergovernmental has been dried to at least the maximum of Agriculture, P.O. Box 2415, consultation with State and Icoal acceptable level. Washington, DC 20013. officials. See the Notice related to 7 CFR Certain technical amendments are FOR FURTHER INFORMATION CONTACTS Part 3015, Subpart V, published at 48 FR also proposed for purposes of clarity. Steve Gill, Program Specialist, Cotton, 29115 (June 24,1983). Grain, and Rice Price Support Division, List of Subjects in 7 CFR Part 1421 Agricultural Stabilization and Acceptable Moisture Levels for Grains, Loan programs/agrieulture, Conservation Service, U.S. Department Warehouse—Storage Com, Sorghum, Price support programs, Surety bonds, of Agriculture, P.O. Box 2415, and Soybeans Warehouses. Washington, DC 20013. Phone: (202) 447- The regulations at 7 CFR 1421.91(e) Proposed Rule 8480. currently provide that warehouse-stored SUPPLEMENTARY INFORMATION: com may not be pledged as collateral PART 1421— [AMENDED] Information collection requirements for a CCC price support loan if the contained in this regulation (7 CFR Part warehouse receipt indicates that the Accordingly, it is proposed that 7 CFR 1421} have been approved by the Office com contains more than 15.5 percent Part 1421 be amended as follows: of Management and Budget in moisture. If the warehouse receipt states 1. The authority citation for Part 1421 accordance with the provisions of 44 that the com has a moisture content in continues to read as follows: U.S.Ç. Chapter 35 and have been excess of 15.5 percent, the receipt must Authority: Sees. 4 and 5; 62 Stat. 1070, as assigned OMB Number 0560-0087. be accompanied by a supplemental amended, 1072 (15 U.S.C. 714b, 714c); secs. This proposed rule has been reviewed certificate which states that the com has 101,105B, 107B, 110, 201, 301, 401, 405; 63 Stat. under U.S. Department of Agriculture been dired to at least the maximum 1051, as amended, 95 Stat. 1242, as amended, 1227, as amended, 1221, as amended, 91 Stat. warehouse receipt must be accompanied 951, as amended, 63 Stat. 1052, as amended, approved warehouse shall be the net 1053, as amended, 1054, as amended (7 U.S.C. by a supplemental certificate in order weight specified on the warehouse 1441,1444d, 1445b-l, 1445e, 1446,1447,1421, for the corn to be eligible for price receipt or, if applicable, on the 1425). support. The grade, grading factors, and supplemental certificate. If the sorghum quantity to be delivered must be shown 2. In § 1421.91, paragraph (c) is revised has been dried or blended to reduce the to read as follows: on the supplemental certificate as moisture content, the quantity specified follows: on the warehouse receipt or, if § 1421.91 Eligible com. (1) When the warehouse receipt shows applicable, on the supplemental * * * * * “Weevily” and the corn has been certificate shall represent the quantity (c) W arehouse-stored loan grade conditioned to correct the “Weevily" after drying or blending, and such requirements. In order to be eligible for condition, the supplemental certificate quantity shall reflect a minimum shrink a warehouse-stored loan, corn must must show the same grade without the in the receiving weight, excluding meet the requirements specified in “Weevily" designation and the same dockage, of 1.2 times the percentage paragraphs (a) and (b) of this section. grading factors and quantity as shown difference between the moisture content Such corn must also grade No. 3 or on the warehouse receipt. of the sorghum, when received, and 13.0 better or, on the factor of test weight (ii) When the warehouse receipt percent. only, No. 4 or better. In addition, such shows a moisture content of over 14.0 * * * * * percent and the corn has been dried or corn must not grade “Weevily” and 7. Section 1421.214 is revised by blended, the supplemental certificate must not have moisture over 14.0 designated the currently undesignated percent. must show the grade, grading factors, paragraph as paragraph (a), by and quantity after drying or blending the 3. Section 1421.93 is revised by redesignating current paragraphs (a), corn to a moisture of not over 14.0 designating the currently undesignated (b) . (c), (d), and (e) as paragraphs (b), percent. Such quantity also shall reflect paragraph as paragraph (a), by (c) , (d), (e), and (f), respectively, and a drying or blending shrink as specified redesignating current paragraphs (a) and revising newly redesignated paragraph in § 1421.93(b). (bj as paragraphs (b) and (c), (d) to read as follows: respectively, and revising newly (2) The supplemental certificate issued by the warehouseman must § 1421.214 Warehouse receipts. redesignated paragraph fbl to read as ***** follows: provide that no lien for processing the corn represented by the supplemental (d) Where warehouse receipts shows § 1421.93 Determination of quantity. certificate will be asserted by the * * * * * “W eev ily , ” excess moisture, or both. (1) warehouseman against CCC or any If a warehouse receipt tendered as (b) In warehouse. The quantity of subsequent holder of the warehouse security for a loan indicates that the corn on which a warehouse-stored loan receipt and that the grade, grading sorghum grades “Weevily” or contains shall be made and the quantity factors, and the quantity shown on the over 13.0 percent moisture, or both, the delivered to or acquired by CCC in an supplemental certificate shall supersede warehouse receipt must be accompanied approved warehouse shall be the net thè entries for such items shown on the by a supplemental certificate in order bushels specified on the warehouse warehouse receipt. for the sorghum to be eligible for price * * * * * receipt or, if applicable, on the support. The grade, grading factors, and supplemental certificate.^ the corn has 5. In § 1421.211, paragraph (b) is quantity to be delivered must be shown been dried or blended to reduce the revised to read as follows: on the supplemental certificate as moisture content, the quantity specified follows: on the warehouse receipt or, if §1421.211 Eligible sorghum. * * * * * (1) When the warehouse receipt shows applicable, the supplemental certificate, “Weevily” and the sorghum has been shall represent the quantity after drying (d) W arehouse-stored loan grade conditioned to correct the “Weevily” or blending, and such quantity shall requirements^ In order to be eligible for condition, the supplemental certificate reflect a minimum shrink in the a warehouse-stored loan, the sorghum must show the same grade without the receiving weight, excluding dockage, of must meet the requirements specified in "Weevily” designation and the same 1.2 times the percentage difference paragraph (a) of this section. Such grading factors and quantity as shown between the moisture content of the sorghum must also grade No. 4 or better on the warehouse receipt. corn, when received, and 14.0 percent. and may carry the special grade (ii) When the warehouse receipt ■ *. * * * * designation “Smutty”. The sorghum shows a moisture content of over 13.0 4. Section 1421.94 is revised by must not grade “Weevily” and must not percent and the sorghum has been dried have moisture over 13.0 percent. designating the currently undesignated or blended, the supplemental certificate paragraph as paragraph (a), by 6. Section 1421.213 is revised by must show the grade, grading factors, redesignating paragraphs (a), (b), (c), designating the currently undesignated and quantity after drying or blending the and (d) as paragraphs (b), (c), (d), and paragraph as paragraph (a), by sorghum to a moisture of not over 13.0 (e), respectively, and revising newly redesignating current paragraphs (a) and percent. Such quantity also shall reflect redesignated paragraph (d) to read as (b) as paragraphs (b) and (c) a drying or blending shrink as specified follows: respectively, and revising newly in § 1421.213(b). §1421.94 Warehouse receipts. redesignated paragraph (b) to read as (2) The supplemental certificate * * * * * follows: issued by the warehouseman must provide that no lien for processing the u (d) Where warehouse receipt shows § 1421.213 Determination of quantity. sorghum represented by the “Weevily, " excess moisture, or both. (1) * * * * * If a warehouse receipt tendered as supplemental certificate will be asserted (b).Zn w arehou se. The quantity of by the warehouseman against CCC or security for a loan indicates that the sorghum on which a warehouse-stored any subsequent holder of the warehouse corn grades “Weevily" or contains over loan shall be made and the quantity receipt and that the grade, grading 14.0 percent moisture, or both, the delivered to or acquired by CCC in an factors, and the quantity shown on the 4 8 0 9 6 Federal R ejeter / VoL 50, No. 225 / Thursday, November 21, 1985 / Proposed Rules supplemental certificate shall supersede support. The grade, grading factors, and more time for reviewing and evaluating the entries for such items shown on the quantity to be delivered must be shown the proposal. FSIS is hereby extending warehouse receipt. on the supplemental certificate as the comment period for 60 days. * ★ k it follows: DATE: Comments must be received on or 8. In § 1421.366, paragraph (b) is fi) When the warehouse receipt shows before January 24,1986. revised to read as follows: ‘‘Weevily“ and the soybeans have been conditioned to correct the ‘‘Weevily” ADDRESS: Written comments to: Policy § 1421.366 Eligible Soybeans. condition, the supplemental certificate Office, Attn: FSIS Hearing Clerk, Room * * ★ ★ ★ must show the same grade without the 3803, South Agriculture Building, Food (b) W arehouse-stared loan grade “Weevily” designation and the same Safety and Inspection Service, U.S. requirements. In order to be eligible for grading factors and quantity as shown Department of Agriculture, Washington, a warehouse-stored loan, the soybeans on the warehouse receipt. DC 2025». must meet the requirements specified in (ii) When the warehouse receipt FOR FURTHER INFORMATION CONTACT: paragraph (a) of this section. Such shows a moisture content of over 13.0 Mr. Joseph V. Germano, Deputy soybeans must also grade No. 4 or percent and the soybeans have been Director, Standards and Labeling better, must not grade “Weevily” and dried or blended, the supplemental Division, Meat and Poultry Inspection must not have moisture over 13.0 certificate must show the grade, grading Technical Services, Food Safety and percent factors, and quantity after drying or Inspection Service, U.S. Department of blending the soybeans to a moisture of 9. Section 1421.368 is revised by Agriculture, Washington, DC 20250, (202 not over 13.0 percent. Such quantity also designating the currently undesignated 447-4293. shall reflect a drying or blending shrink paragraph as paragraph (a), by SUPPLEMENTARY INFORMATION: On as specified in § 1421.368(b). redesignating current paragraphs (a) and (2) The supplemental certificate September 25,1985, FSIS published in (b) as paragraphs (b) and (e)T issued by the warehouseman must the Federal Register (50 FR 38824) a respectively, and revising newly provide that no lien for processing the proposed rule and amend the Federal redesignated paragraph (b) to read as soybeans represented by the meat and poultry products inspection follows: supplemental certificate will be asserted regulations to expand the concept of . generically approved labeling of meat § 1421.368 Determination of Quantity. by the warehouseman against CCC or * * * * * any subsequent holder of the warehouse and poultry products for those establishments operating a USDA- (b) In warehouse. The quantity of receipt and that the grade, grading factors, and the quantity shown on the approved Total Quality Control system soybeans on which a warehouse-stored which can develop an acceptable plan loan shall be made and the quantity supplemental certificate shall supersede the entries for such items shown on the for controlling the labeling of their delivered to or acquired by CC in an products. Eligible establishments would approved warehouse shall be the net warehouse receipt. ★ k * ★ ★ submit their plan for a Total Qulaity bushels specified on the warehouse Control for Labeling system to the FSIS receipt or, if applicable, on the Signed at Washington, DC, on November 18,1985. Administrator for approval. If the supplemental certificate. If the soybeans Administrator would find the plan for Everett Rank, have been dried or blended to reduce the Total Quality Control for Labeling Executive Vice President, Commodity Credit the moisture content, the quantity system to be adequate to assure that Corporation. specified on the warehouse receipt or, if misbranding of product would not occur, [FR Doc. 85-27805 Filed 11-20-85; 8:45 am) applicable, on the supplemental ail labeling for products made at the certificate shall represent the quantity BILLING CODE 3410-05-M establishment and for which there is a after drying or blending, and such ^standard of identity or composition in quantity shall reflect a minimum shrink Food Safety and Inspection. Service the meat and poultry products in the receiving weight of 1.2 times the inspection regulations or for which there percentage difference between the 9 CFR Parts 317,318, and 381 are certain specified Agency policies moisture content of the soybeans, when would be eligible for generic approval received, and 13.0 percent. [Docket No. 84-020EJ and would not be subject to additional 10. Section 1421.369 is revised by Total Plant Quality Control for individual review and approval by FSIS designating the currently undesignated Labeling before use. paragraph as paragraph (a), by Interested persons were given until redesignating current paragraphs (a), AGENCY: Food Safety and Inspection November 25,1985, to comment on this (b), (c), and (d) as paragraphs (b), (c), Service, USDA. proposed rule. FSIS has received several (dj, and (e), respectively, and revising a c t i o n : Proposed rule: extension of requests to extend the comment period newly redesignated paragraph (d) to comment period. to allow more time to review and read as follows: evaluate the proposal. FSIS is interested s u m m a r y : On September 25,1985, the in receiving additional data, and § 1421.369 Warehouse receipts. Food Safety and Inspection Service * k k * fr therefore has decided to extend the (FSIS) published a proposed rule to comment period for an additional 60 (d) Where warehouse receipt shows expand the concept of generically days, to January 24,1986. “W eevily," excess moisture, or both. (1) approved labeling of meat and poultry If a warehouse receipt tendered as products for those establishments Done at Washington, D.C., on November security for a loan indicates that the operating a USDA-approved Total 15,1985. soybeans grade ‘‘Weevily” or contain Quality Control system which can Donald L. Houston, over 13.0 percent moisture, or both, the develop an acceptable plan for Administrator, Food Safety and Inspection warehouse receipt must be accompanied controlling the labeling of their products. S ervice. by a supplemental certificate in order FSIS has received several requests to [FR Doc. 85-27749 Filed 11-20-85; 8:45 amj for the soybeans to be eligible for price extend the comment period to allow BILLING COOT 3410-DM-M 9 CFR Part 319 105, 2001 Wisconsin Avenue, NW., 15,1985. Washington, DC 20235. Donald L. Houston, [Docket No. 83-028N] FOR FURTHER INFORMATION CONTACT. Administrator, Food Safety and Inspection S erv ice. James B. Rucker at the above address. Requirements for Partially Defatted [FR Doc. 85-27748 Filed 11-20-85; 8:45 am] Telephone (202] 254-3483. Products; Extension of Comment BILLING CODE 3410-DM-M SUPPLEMENTARY INFORMATION: Period I. Prior Actions

a g e n c y : Food Safety and Inspection DEPARTMENT OF COMMERCE On July 31,1981, NOAA issued final Service, USDA. regulations establishing a licensing National Oceanic and Atmospheric process for Ocean Thermal Energy a c t io n : Notice of intent to initiate Administration Conversion Facilities and Plantships (46 proposed rulemaking; extension of FR 39388-39420). The final rules were 15 CFR Part 981 comment period. supported by a programmatic [Docket No. 50223-5151] environmental impact statement (PEIS) SUMMARY: On August 23,1985, the Food and a combined Regulatory Impact Safety and Inspection Service (FSIS) Licensing of Ocean Thermal Energy Analysis and Regulatory Flexibility published a notice of intent to initiate Conversion Facilities and Plantships Analysis (RIA-RFA) both dated July 1981. proposed rulemaking concerning a g e n c y : National Oceanic and compositional and processing Atmosphereic Administration (NOAA), II. Availability of Comments requirements for various low Commerce. All comments received in response to temperature rendered meat products. ACTION: Proposed rule with request for this notice of proposed rulemaking will That notice concerned regulatory comments. be available for public examination and compliance, nutritional value, copying during normal business hours in s u m m a r y : The National Oceanic and processing safety, and labeling of such Suite 105, Page 1 Building, 2001 products. FSIS received several requests Atmospheric Administration (NOAA) proposes to amend the regulations Wisconsin Avenue, NW., Washington, to extend the comment period to allow DC. - more time to study the issues discussed implementing the Ocean Thermal - in the notice. FSIS is hereby extending Energy Conversion (OTEC) Act of 1980 III. Related Actions as amended (42 U.S.C. 9101, e t seq ., Pub. the comment period for an additional 60 In order to satisfy requirements for L. 96-320, amended by Pub. L. 98-623). days. analysis as specified by Executive Order No applications for OTEC licenses have d a t e : Comments must be received on or been submitted to NOAA since passage 12291 and the Regulatory Flexibility Act before January 21,1986. of the OTEC Act and the President’s NOAA has analyzed the costs and benefits of this rule. ADDRESS: Written comments to: Policy budgets for fiscal years 1985 and 1986 Office, Attn: FSIS Hearing Clerk, Room have proposed no further funding for the A. Executive Order 12291 OTEC licensing program. The purpose of 3803, South Agriculture Building, Food NOAA has made an initial the proposed regulations is to fulfill Safety and Inspection Service, U S. determination that these proposed NOAA’s obligation to conform the Department of Agriculture, Washington, amendments are not a “major” rule D.C. 20250. regulations to the OTEC statute as amended in 1984. The proposed under E .0 .12291. These amendments SUPPLEMENTARY INFORMATION: On regulations also reflect NOAA’s have been submitted to the Office of August 23,1985, FSIS published in the conclusion, as a result of the periodic Management and Budget (OMB) for Federal Register (50 FR 34157) a notice review of regulations required by the review as required by E .0 .12291. of intent to initiate proposed rulemaking OTEC Act, that no additional B. Regulatory Flexibility Act to amend the Federal Meat Inspection modifications to the regulations are These amendments have been Act regarding compositional and necessary. This notice provides reviewed under the Regulatory processing requirements for various low interested persons with an opportunity to comment on these proposed Flexibility Act (5 U.S.C. 50 e t seq .) and temperature rendered meat food NOAA has determined that they will not regulations. Interested'persons are products. The notice described have a significant economic impact on a invited to submit written statements or considerations of regulatory compliance, substantial number of small entities. The nutritional value of the products, comments on the proposed rule. A public hearing may be held in proposed regulations are intended to processing safety and product labeling. implement statutory amendments. The FSIS requested comments from Washington, DC, if NOAA determines it is warranted. If any person wishes amendments and proposed regulations interested persons on how to proceed relate primarily to NOAA jurisdiction NOAA to conduct a public hearing they with implementing a proposed rule. and impose no new reporting, should include that request in their Interested persons were given until comments. recordkeeping or other compliance November 21,1985, to submit their requirements. d a t e : Comments must be received by comments on the notice. The Agency NOAA on or before December 23,1985. C. P aperw ork R eduction A ct received three requests to extend the ADDRESS: Submit comments to James B. comment period in order forinterested The proposed regulations contain no Rucker, OTEC Program Manager, Ocean persons to fully evaluate the notice of collection of information requirements Minerals and Energy Division, Office of intent. FSIS is interested in receiving all and are not subject to the Paperwork Ocean and Coastal Resource relevant data and is therefore extending Reduction Act. The information Management, National Ocean Service, collection requirements in the existing the comment period for an additional 60 National Oceanic and Atmospheric days to January 21,1986. rule have been reviewed and approved Administration, Page 1 Building, Suite by OMB (OMB Control #0648-0144). 48098 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Proposed Rules

IV. General Background includes equipment on the facility, Amendments, amending section 110(1) of the OTEC Act. This change in the On November 9,1984, the OTEC Act cables or pipelines, water intake and statute clarifies that Federal employees/ was amended by Pub. L. 98-623 effluent discharge structures, as well as (hereinafter “1984 Amendments”) other associated equipment and observers may be "in” an OTEC facility primarily to clarify the extent of NOAA appurtenances which are not located (recognizing that it may be landbased) jurisdiction over OTEC facilities and wholly on land. as well as "aboard” a facility or plantship (which connotes one floating). plantships and to modify the Section 981.50 Who must apply for an requirements for Coast Guard OTEC license (and who does not need Section 981.550 Suspension, documentation of OTEC facilities and o n e)? revocation, termination, relinquishment plantships. The purpose of these Section 981.50(a)(2) of the regulations or surrender o f a license. proposed regulations is to implement the has been revised to implement section 1984 Amendments by revising those The term “as recognized in any treaty 602(a)(3) of the 1984 Amendments. This portions of 15 CFR Part 981 which are or convention to which the United section clarifies that if a facility is inconsistent with, or technically States is a party” has been deleted from partially located seaward of the high inadequate in view of, the 1984 the end of § 981.550(c) to conform to water mark, the entire OTEC facility is Amendments. The substance of the section 602(e)(17) of the 1984 covered by the licensing provisions of proposed revisions is discussed in Amendments, amending section 111(b) the Act. section V of the preamble. of th OTEC Act. In the past 18 months NOAA has also Section 981.130 Application fees. List of Subjects in 15 CFR Part 981 conducted a periodic review of the Section 602(f) of the 1984 OTEC regulations as required by section Administrative practice and Amendments drooped the requirement procedure, Energy. 117 of the OTEC Act. On May 11,1983 that the application fee be (48 FR 21154) NOAA requested nonrefundable. The existing regulations Approved: November 14,1985. comments on the appropriateness and provide that the fee consist of three Dated: November 14,1985. adequacy of existing regulations. Three nonrefundable payments: $100,000 Paul M. Wolff, comments were received, one submitted to NOAA with the Assistant Administrator for Ocean Services expressing satisfaction with the existing application; $100,000 submitted prior to a n d C o a sta l Z on e M anagem ent. information requirements, and two the first public hearing on the suggesting some modification to the application and a final payment of PART 981— [AMENDED] application fee section. After review of $50,000 prior to the end of the review these comments, and in consideration of For the reasons set forth above, the process for a license. The proposed the 1984 Amendments to the application National Oceanic and Atmospheric regulations make no change in the fee section and NOAA experience with Administration proposes to amend Part schedule or amount of fee payment. OTEC and other similar licensing 981 of Title 15 of the Code of Federal After review, NOAA has determined programs, NOAA has concluded that no Regulations as follows: „ that $250,000 is a reasonable estimate of additional modifications to the existing 1. The authority citation for Part 981 is the costs which will be incurred in regulations are necessary. revised to read as follows: reviewing and processing the Authority: Ocean Thermal Energy V. Summary of Proposed Revisions application. However, the proposed Conversion Act of 1980, Pub. L. 96-320, 94 Section 981.40 Definitions. regulations do provide procedures for Stat. 991 (42 U.S.C. 9101, e t s eq .) as amended adjustment of costs and refund of a by Pub. L. 98-623. The definition of an OTEC facility has portion of the payments upon 2. In § 981.40, the definition of OTEC been modified to delete the requirement termination or withdrawal, in facility is revised to read as follows: that a facility be located in the territorial accordance with the 1984 Amendments. sea, and to provide instead that a Section 981.470 Criteria for approval §981.40 Definitions. facility which is “standing, fixed or * * * * • * moored in whole or in part seaward of o r d en ia l. the high water mark” constitutes an The phrase "not be documented under OTEC facility means any facility “OTEC facility” if the other elements of the laws of the United States” in which is standing, fixed or moored in the definition are met. This change § 981.470(a)(7) has been changed to “will whole or in part seaward of the high implements section 602(a)(2) of the 1984 be documented under the laws of a water mark and which is designed to Amendments. Similarly, the last foreign nation” based on section use temperature differences in ocean sentence of the regulation’s definition— 602(a)(5) of the 1984 Amendments, water to produce electricity or another which stated the previous scope of the which modifies section 101(c)(7) of the form of energy capable of being used definition in view of the territorial sea OTEC Act. This change in die statute directly to perform work and includes (i.e., seaward of the high water mark) allows greater flexibility with respect to any equipment installed on such facility limitation—has been deleted and the documentation by the Coast Guard. to use such electricity or other form of following has been inserted: "If part of NOAA thus may issue a license for an energy to produce, process, refine, or the OTEC facility is located seaward of OTEC facility or plantship, which has manufacture a product, and any cable or the high water mark and part on land, not been documented under the laws of pipeline used to deliver such electricity, the definition includes the entire the United States when Coast Guard fresh water or product to shore, and all facility.” Therefore, under the 1984 laws or regulations do not require such other associated equipment and Amendments and the proposed documentation. appurtenances of such facility, to the definition, a facility is an “OTEC extent they are located seaward of the facility,” and would therefore be Section 981.520 Terms and conditions high water mark. If part of the OTEC authorized for ownership, construction o f a license. facility is located seaward of the high and operation under a license, if any The term “in or” has been added in water mark and part on land, the part of that facility is located seaward of § 981.520(g)(1) after "employees” based definition includes the entire facility. the high water mark. The "facility” on section 602(a)(8) of the 1984 * * * * * Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Proposed Rules 48099

3. In § 981.50, paragraph (a) is revised § 981.130(b), then the applicant is DEPARTMENT OF TRANSPORTATION to read as follows: required to submit the additional payment to NOAA. Coast Guard § 981.50 Who must apply for an OTEC license (and who does not need one)? 5. In § 981.470 paragraph (a)(7) is 33 CFR Part 117 (a) OTEC facilities. No person may revised to read as follows: [CGD8-85-18] engage in the ownership, construction or § 981.470 Criteria for approval or denial. operation of an OTEC facility which is: Drawbridge Operation Regulations; (1) Documented under the laws of the (a) * * * Bayou LaBatre, AL United States; or (7) The proposed OTEC facility or (2) Located in whole or in part plantship will be documented under the AGENCY: Coast Guard, DOT. between the high water mark and the laws of a foreign nation. ACTION: Proposed rule. seaward boundary of the United States * * * * * territorial sea; or 6. In § 981.520 paragraph (g) is revised s u m m a r y : At the request of the City of (3) Connected to any State by pipeline to read as follows: Bayou LaBatre and the Alabama or cable; Highway Department (AHD), the Coast except in accordance with a license § 981.520 Terms and conditions of a Guard is considering a change in the issued pursuant to this part. regulation governing the operation of the ***** license. * * * * * lift span bridge on St. Hwy. 188 over 4. Section 981.130 is revised to read as Bayou LaBatre, mile 2.3 at Bayou follows: (g) Monitoring o f licensee’s activities. LaBatre, Mobile County, Alabama, by Each license will contain terms or permitting the draw to remain closed § 981.130 Application fee. conditions requiring the licensee: from 8 p.m. to 4 a.m. daily, and from (a) G en eral. Section 102(h) of the (1) To allow the Administrator to 7:00-8:00 a.m. and 2:15-3:30 p.m. from OTEC Act requires each applicant for a place appropriate Federal officers or September 15 through June 15. The license to pay a fee which reflects the employees in or aboard the OTEC bridge would open on signal outside reasonable administrative costs facility or plantship to which the license these hours. Presently, the draw is incurred by NOAA in reviewing and applies at such times and to such extent closed from 7:30-8:30 a.m. and 3-4:30 processing the application. as the Administrator deems reasonable p.m. Monday through Friday except (b) A m ount. The applicant must and necessary to assess compliance Federal holidays, throughout the year. submit the application fee in accordance with any terms, conditions, or This proposal is being made because with the following schedule: regulations applicable to the license, there have been no openings for (1) A payment of $100,000 must be and to report to the Administrator navigation between 8 p.m. and 4 a.m. submitted with each formal application whenever such officers or employees since 1955, and because there is no need for issuance of a license. have reason to believe there is a failure to close the draw on weekdays while (2) An additional payment of $100,000 to comply; area schools are not in session. This dollars must be submitted prior to the action should relieve the bridge owner (2) To cooperate with such officers first public hearing held by NOAA on of the burden of having a person the issuance qf the license. and employees in the performance of available at the bridge during the (3) A final payment of $50,000 must be monitoring functions; and proposed closure periods, and should submitted prior to the end of the (3) To monitor the environmental still provide for the reasonable needs of statutory review period outlined in effects of the operation of the. OTEC navigation. § 981.360. facility or plantship in accordance with d a t e : Comments must be received on or (c) A d ju sted c o sts. If the costs those terms and conditions. before January 6,1986. incurred by NOAA in reviewing and * * * * * processing the application are ADDRESS: Comments should be mailed 7. § 981.550, paragraph (c) is revised to to Commander (obr), Eighth Coast significantly in excess of $250,000, the read as follows: applicant is required to submit the Guard District, 500 Camp Street, New additional payment before issuance of Orleans, Louisiana 70130. The comments § 981.550 Suspension, revocation, and other materials referenced in this the license. If the costs incurred by termination, relinquishment or surrender of NOAA in reviewing and processing the notice will be available for inspection a license. and copying in Room 1115 at this application ate significantly less than ***** $250,000, NOAA will refund the address. Normal office hours are difference to the applicant. (c) E m ergency orders. The between 8:00 a.m. and 3:30 p.m., Monday (d) Effect of withdrawal or Administrator may order the licensee to through Friday, except holidays. termination o f an application. If the cease or alter construction or operation Comments may also be hand-delivered application is withdrawn or terminated activities pending the completion of a to this address. by the Administrator or the applicant judicial proceeding pursuant to FOR FURTHER INFORMATION CONTACT*. prior to a decision on the license paragraph (a) of this section if the Perry Haynes, Chief, Bridge application, the applicant is entitled to a Administrator determines that Administration Branch, at the address refund of the application fee minus immediate suspension of such activities given above, telephone (504) 589-2965. those costs incurred by NOAA in is necessary to protect public health and SUPPLEMENTARY INFORMATION: reviewing and processing the safety or to eliminate any imminent and Interested persons are invited to application up to the date of withdrawal substantial danger to the environment. participate in this proposed rulemaking or termination of the application. If the * * * * * by submitting written views, comments, costs are significantly in excess of the data or arguments. Persons submitting amount submitted by the applicant [FR Doc. 85-27480 Filed 11-20-85; 8:45 am] comments should include their names based on the payment schedule in BILLING CODE 3510-12-M and addresses, identify the bridge, and 48100 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1983 / Proposed Rules give reasons for concurrence with or any adopted, it will not have a significant DATES: A public hearing on the issues recommended change in the proposal. economic impact on a substantial brought forth in this study will be held Persons desiring acknowledgment that - number of small entities. on January 8,1986, convening at 9:00 a.m. The hearing will continue through their comments have been received List of Subjects in 33 CFR Part 117 should enclose a stamped, self- January 9,1986 if additional time is addressed postcard or envelope. Bridges. needed. Written comments on the study The Commander, Eighth Coast Guard must be received on or before February Proposed Regulation District, will evaluate all 10,1986. communications received and determine In consideration of the foregoing, the ADDRESSES: The public hearing will be a course of final action on this proposal. Coast Guard proposes to amend Part 117 held in the Conference Room of the U.S. This proposed regulation may be of Title 33, Code of Federal Regulations, EPA, Motor Vehicle Emission changed in the light of comments as follows: Laboratory, 2565 Plymouth Road, Ann received. Arbor, Michigan 48105. Written PART 117— DRAWBRIDGE comments other than those presented to Drafting Information OPERATION REGULATIONS EPA at the hearing should be submitted The drafters of this notice are Perry (in duplicate, if possible) to: Central Haynes, project officer, and Lieutenant 1. The authority citation for Part 117 continues to read as follows: Docket Section (LE-131A), U.S. Commander James Vallone, project Environmental Protection Agency, attorney. Authority: 33 U.S.C. 499; and 49 CFR 1.46(c)(5) and 33 CFR 1.05-l(g). Attention: Docket No. A-85-21, 401 M Discussion of Proposed Regulation Street, SW., Washington, DC 20460. 2. Section 117.103 is revised to read as Vertical clearance of the bridge in the Materials relevant to this study are closed position is 6.7 feet above high follows: contained in Public Docket A-85-21. water. Navigation through the bridge § 117.103 Bayou LaBatre This docket is located at the above consists of commercial fishers and address in the West Tower Lobby, The draw of the S188 bridge, mile 2.3 Gallery 1; phone (202) 382-7548. The pleasure boats. On 17 November 1980 at Bayou LaBatre, shall open on signal; the Coast Guard published a final rule docket may be inspected between 8 a.m. except that, the draw need not be (45 FR 75659) to permit the draw to and 3 p.m. on weekdays. As provided inj opened from 8 p.m. to 4 a.m., and from remain closed during the peak vehicular 40 CFR Part 2, a reasonable fee may be September 15 through June 15 from 7:00 traffic periods of 7:30-8:30 a.m. and 3- charged by EPA for photocopying. to 8:00 a.m. and 2:15 to 3:30 p.m. Monday 4:30 p.m. Monday through Friday except through Friday except holidays. FOR FURTHER INFORMATION CONTACT: holidays. This peak traffic is associated Ms. Amy J. Brochu, U.S. EPA (SDSB-12, with the schools of the area and Dated: November 8,1985. Emission Control Technology Division, diminishes significantly when the Clyde T. Lusk Jr., . 2565 Plymouth Road, Ann Arbor, MI schools are not in session during the Rear Admiral, U.S. Coast Guard, Commander, 48105. Telephone: (313) 66&-4270. Copies summer months, while at the same time Eighth Coast Guard District of the study may be requested at this commercial fishing and pleasure boating [FR Doc. 85-27813 Filed 11-20-85; 8:45 am] number. activity increases significantly. Because BILLING CODE 4910-14-M SUPPLEMENTARY INFORMATION: navigation has not used the bridge between 8 p.m. and 4 a.m. since 1955, I. Background and because the current regulation ENVIRONMENTAL PROTECTION Current violation of the ambient serves no useful purpose between June AGENCY 15 and September 15, the Coast Guard ozone standard is somewhat widespread in urban areas across the feels that the proposed regulation will [AMS-FRL 2926-7} provide relief to the bridge owner; will United States. The Clean Air Act requires all such non-attainment areas benefit navigation during the peak 40 CFR Ch. I boating season; and will have no impact to have implementation plans that on vehicular traffic. Gasoline Volatility and Hydrocarbon provide for attainment by December 31, Emissions From Motor Vehicles; 1987.1 Therefore, additional reduction of Economic Assessment and Certification Availability of a Regulatory Strategies hydrocarbon emissions has become a This proposed regulation is Analysis growing concern. Of late, increasing considered to be non-major under attention has been directed toward Executive Order 12291 on Federal AGENCY: Environmental Protection evaporative hydrocarbon (HC) Regulation and nonsignificant under the Agency. emissions from gasoline-fueled motor Department of Transportation regulatory ACTION: Notice of availability of vehicles. policies and procedures (44 FR 11034: regulatory strategies analysis; hearing Evaporative HC emissions from motor February 26,1979). and request for comment. vehicles originate from two basic The economic impact of this proposal components of the vehicle's fuel is expected to be so minimal that a full s u m m a r y : This notice announces the system—the fuel tank and the regulatory evaluation is unnecessary. availability to the public of a carburetor. Evaporative emissions from The basis for this conclusion is that comprehensive EPA study which the fuel tank—known as “diurnal” there have been no requests to open the examines the effect of gasoline volatility losses—occur as the gasoline vapors bridge between 8 p.m. and 4 a.m. since on both evaporative and exhaust expand in response to daily ambient 1955, and the present regulation hydrocarbon emissions from motor temperature increases. The other type of provides no significant benefit to vehicles. Evaporative hydrocarbon vehicle evaporative emissions—referred vehicular traffic during the summer emissions from vehicle refueling and months. Since the economic impact of gasoline storage and distribution 1 1982 was the original deadline for attainment; this proposal is expected to be minimal, sources are also examined as a function however, under special circumstances, an extension the Coast Guard certifies that, if of gasoline volatility. to 1987 is permitted. Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Proposed Rules 48101

to as “hot-soak” losses—occur just after most vehicles operating on commercial volatilities were analyzed at various the engine is turned off, when residual fuels appear to be well above the RVP levels at and between 9.0 psi engine heat causes the evaporation of certification standatds. In other words, (current certification fuel RVP some of the fuel remaining in the because vehicles are operating on fuels specification) and 11.5 psi (estimated carburetor bowl and fuel lines. In fuel- of higher volatility than that on which future commercial fuel RVP average). injec.ted vehicles, some hot-soak losses they are tested (i.e., 9.0 psi RVP), the also originate from the fuel tank as well, Based on the Agency’s current best evaporative control systems apparently technical estimates and assumptions, probably due to recirculation of gasoline cannot contain all the evaporative that has been heated by the engine. purely vehicle-oriented control (i.e., vapors and relatively large quantities of certification fuel RVP revised to 11.5 psi Currently, all gasoline-fueled vehicles hydrocarbons are potentially being and trucks are equipped with and test procedure modified) appears to released to the atmosphere. Further, be the most cost-effective approach in evaporative control systems designed to EPA’s testing has also revealed that the long-term. As shown in the study, a capture the majority of these diurnal many in-use carbureted vehicles are total of 584,000 tons of HC emissions and hot-soak losses. A typical system unable to meet the evaporative could be eliminated via this strategy in consists of a canister filled with carbon standards even while operating on the year 2010 at a net savings of roughly granules which absorb the HC vapors Indolene (9.0 psi), which suggests $274/ton to the public. However, generated in the fuel tank and the possible design problems such as because a change in certification fuel carburetor. Later, while the engine is inadequate canister purge during typical and test procedure can only affect operating, the evaporative canister is operating conditions. Fuel-injected vehicle design, strategies involving in- periodically purged with air and the vehicles (a small minority in use RVP control can potentially collected HCs are stripped from the today’s fleet, but expected to dominate canister and burned in the engine. late 1980’s sales) perform well on eliminate additional emissions. This is possible because in-use RVP levels Light-duty gasoline vehicles (LDGVs} Indolene, but seem to substantially affect those portions of vehicular and gasoline trucks weighing less than exceed 2 grams/test when tested on evaporative emissions attributable to 6000 lbs. GVW (rated gross vehicle commercial fuel. malmaintenance, defective components weight], classified as LDGTiS, have been Based on this testing, the Agency has and tampering, as well as other emission equipped with evaporative canisters tentatively concluded that the majority sources such as gasoline storage, since 1971, when the first evaporative of vehicles being driven in the field distribution, and vehicle refueling, HC standards came into effect. today are exceeding the current whereas certification fuel RVP has no Evaporative control of heavier trucks evaporative HC standards and will impact on these emissions. In 2010, in- came later, with canisters first installed continue to do so, though to a lesser use fuel RVP control could eliminate up in light-duty gasoline trucks over 6000 extent, in the future. This evaporative to an additional 426,000 tons of HC lbs. GVW (LDGT2S) in 1979 and in excess appears to be a significant emissions at an incremental cost/ton heavy-duty gasoline vehicles (HDGVs) contributor to the current ozone non­ ranging between $998 and $1681 per ton. in the current model year (1985). Current attainment problem. In order to address evaporative HC standards for these this problem, the Agency has conducted The above projections represent the classes—required to be met during a comprehensive technical study which Agency’s best estimates at this time and certification testing—are as follows: 2.0 analyzes various strategies designed to are based on the absence of onboard or grams/test for LDGVs, LDGT»s and reduce this evaporative excess via in- Stage II controls and evaporative I/M, and a 100-percent utilization of LDGT2s; 3.0 grams/tesi for HDGVs at use fuel volatility controls and/or 14,000 lbs. GVW or less; and 4.0 grams/ modifications to certification fuel increased energy density of less-volatile test for HDGVs greater that 14,000 lbs. volatility specifications and test fuels. However, because some of these GVW. These standards represent the procedures. As explained in the report, assumptions could influence the above sum of diurnal and hot-soak losses the long-term goal is to equate results, a number of sensitivity analyses measured via the Sealed Housing commercial and certification fuel are also performed in the study. Emission Determination (SHED) test, as volatilities; the question is at what III. Request for Public Comment outlined in Title 40 of the Code of volatility level. In the shorter term, EPA is not, at this time, prepared to Federal Regulations (Part 86, Subparts B additional control of commercial fuel and M). volatility below the applicable make a final determination on the need for, nor the most appropriate method for, Evaporative control systems have certification specification could provide control of excess evaporative been designed to meet these HC additional benefits. In the study, the various long- and short-term hydrocarbon emissions from motor standards when the vehicle is fueled vehicles. To aid the Agency in this with certification test gasoline alternatives are analyzed and compared decision, we encourage all interested (Indolene), which has a typical Reid on the basis of emission reductions, cost, and cost effectiveness. parties to comment in writing on the Vapor Pressure (RVP)—a measure of After comments on the study are issues addressed in this study of volatility—of 9.0 psi. Although this level received and reviewed, the Agency will gasoline volatility and its relation to of volatility was representative of develop a regulatory strategy to reduce hydrocarbon emissions. Following commercial fuels in the early 1970’s excess evaporative emissions, if deemed receipt and analysis of these comments, when certification test fuel appropriate. the Agency will make a decision on the specifications were developed, the RVP proper approach, if any, to be taken with of commercial gasoline has risen II. Key Results respect to control of excess evaporative steadily since then due primarily to an The control strategies examined in the emissions from motor vehicles. increasing butane content in response to report consist of: (1) Revisions to Parties wishing to present testimony rising energy costs. Results of EPA’s in- certification fuel RVP and test use emission factor testing indicate that at the hearing should, if possible, notify procedure, (2) Control of commercial (in- the contact person listed above of such evaporative emissions are significantly use) fuel volatility, (3) Combinations of intent at least six days prior to the greater with fuels of higher volatility; both measures. Long-term strategies that therefore, evaporative emissions from opening day of the hearing. The contact equate in-use and certification fuel person should also be given an estimate 48102 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Proposed Rules of the time required for the presentation 401 M Street, SW., Washington, DC ACTION: Proposed rule.______of the testimony. 20460 s u m m a r y : These proposed amendments It is suggested that approximately 50 SUPPLEMENTARY INFORMATION: On to the Medicaid regulations would add copies of the statement or material to be August 20,1985, (50 FR 33672) EPA sections on two mandatory eligibility presented by brought to the hearing for proposed rules to replace four groups of individuals for Medicaid distribution to the audience. In addition, provisions of Idaho’s water quality coverage: (1) Qualified pregnant women it will be helpful for EPA to receive an standards. Public hearings were held on and certain children under age 5: and (2) advance copy of any statement or September 24, 25', and 26,1985 at four newborn children of Medicaid-eligible material to be presented at the hearing cities in Idaho. The Governor of Idaho women. The proposed revisions reflect at least one week before the scheduled and members of the Idaho congressional statutory changes made under the hearing date, in order for EPA staff to delegation requested an extension to the Deficit Reduction Act of 1984. have adequate time to give such public comment period for the purpose Comment period: To ensure material full consideration. Such * of allowing the State to formally consideration, comments must be advance copies should be submitted to consider an alternative to EPA’s received by January 21,1986. the contact person listed above. proposal. EPA decided to grant the ADDRESSES: The official record of the hearing will request and will consider comments Address comments in writing to the following address: Health be kept open for 30 days following the received by January 17,1986. Care Financing Administration, hearing to allow submission of rebuttal Dated: November 14,1985. and supplementary testimony. All such Department of Health and Human William B. Hedeman, submittals should be directed to the Services, Attention: BERC-304-P, Acting Assistant Administrator for Water. Central Docket Section, Docket No. A - P.O. Box 26676, Baltimore, Maryland 85-21 {see “Addresses"). [FR Doc. 85-27789 Filed 11-20-85; 8:45 am] 21207. Mr. Richard D. Wilson, Director of the BILLING CODE 6560-50-M If you prefer, you may deliver your Office of Mobile Sources, is hereby comments to one of the following designated Presiding Officer of the addresses: * 40 CFR Parts 797 and 799 hearing. The hearing will be conducted Room 309-G, Hubert H. Humphrey informally, and technical rules of [OPTS-42071; TSH-FRL 2905-5] Building, 200 Independence Avenue, evidence will not apply. A written SW., Washington, DC; or transcript of the hearing will be taken. Octamethylcyclotetrasiloxane; Room 132, East High Rise Building, 6325 Anyone desiring to purchase a copy of Proposed Test Rule Security Boulevard, Baltimore, the transcript should make individual Maryland.' arrangements with the court reporter C o rrectio n In commenting, please refer to file recording the proceedings. In FR Doc 85-25791, beginning on page code BERC-304-P. Comments will be Dated: November 14,1985. 45123 in the issue of Wednesday, available for public inspection beginning Charles L. Elkins, October 30,1985, make the following approximately 2 weeks after publication Acting Assistant Administrator for Air and corrections: of this document in Room 309-G of the R adiation . 1. On page 45129, third column: Department’s offices at 200 [FR Doc. 85-27676 Filed 11-20-85; 8:45 am] a. In the eighth line from the top of the Independence Avenue, SW., Washington, DC, on Monday through BILLING CODE 6560-50-M page, "and” should read "are”. b. In the eighteenth line from the Friday of each week from 8:30 a.m. to bottom of the page, "00” should read 5:00 p.m. (202-245-7890). 40 CFR Part 131 "99” FOR FURTHER INFORMATION CONTACT: 2. On page 45132, first column: Richard Strauss, 301-594-6529. [OW-FRL-2927-5] a. In § 799.3100(b), the sixth and SUPPLEMENTARY INFORMATION: seventh lines should read: Water Quality Standards for Surface “effective date of this final rule (44 Background Waters of the State of Idaho days after the publication date of the G en e ra l final rule in the Federal Register) to the AGENCY: Environmental Protection end of the reimbursement”. States with Medicaid programs are Agency. b. In § 799.3100(c), the heading should required to provide medical assistance a c t io n : Extension of Public Comment read “Performance criteria ”. to needy individuals who are receiving Period. BILLING CODE 1505-01-M (or deemed to be receiving) cash assistance under the aid to families with SUMMARY: Environmental Protection dependent children (AFDC) program Agency (EPA) announces a 60-day under the provisions of section extension for public comment on DEPARTMENT OF HEALTH AND HUMAN SERVICES 1902(a)(10)(A)(i)(I) of the Social Security proposed rule for water quality Act (the Act). Before enactment of the standards in Idaho, to allow time for the Health Care Financing Administration Deficit Reduction Act of 1984 on July 18, State to consider an alternative to EPA’s 1984 (Pub. L. 98-369), these needy proposal. 42 CFR Parts 435 and 436 individuals included (1) pregnant DATES: Written comments should be women who, at State option, receive submitted to the person listed below by [BERC-304-P] AFDC in the last 4 months of pregnancy January 17,1986. under the provisions of section 406(b) of Medicaid Program; Coverage of FOR FURTHER INFORMATION CONTACT: the Social Security Act; and (2) pregnant Qualified Pregnant Women and women who, at State option, are David K. Sabock, (202) 245-3042. Children and Newborn Children ADDRESS: David K. Sabock, Chief, deemed AFDC recipients if they would Standards Branch, Criteria and AGENCY: Health Care Financing be eligible for AFDC cash payments if Standards Division (WH-585), U.S. EPA, Administration (HCFA), HHS. the child had been bom and was living Federal Register / VoL 50, No. 225 / Thursday, November 21, 1985 / Proposed Rules 48103

with the mother in the month of medically verified and who (a) if the Previously, we have provided guidance payment, and the pregnancy had been child had been born to her and was through manual instructions to States for medically verified (under the provisions living with her in the month of payment, implementing the statutory amendment. of section 406(g)(2) of the Social Security would be eligible or deemed eligible for Generally, as with other AFDC-related Act). These needy individuals also an AFDC cash payment, or would be eligibility groups, State agencies must included, at State option, children under eligible for an AFDC cash payment if use all applicable financial and the ages of 21, 20,19, or 18, or coverage under the State’s AFDC plan nonfinancial criteria of the State’s reasonable classifications of these included an unemployed parents approved AFDC program indetermining children, who meet AFDC income and program, or (b) is a member of a family whether an AFDC payment would be resource requirements but who did not that would be eligible for AFDC if the made to a pregnant woman or family meet other categorical requirements for State’s AFDC plan included an under this provision. These criteria AFDC eligibility, such as parental umemployed parents program. Eligibility include appropriate methodologies and deprivation (section 1902(a)(10)(A)(ii) of of a pregnant woman under provision standards for the treatment of income the Act). (These children are sometimes (a) of the definition relies on the and resources as well as relevant referred to as “Ribicoff children”.) assumption that the child has been categorical criteria such as deprivation States could not use an age limit lower born—that is, in determining the and unemployment factors. Thus, in than 18 years in setting up reasonable woman’s eligibility, the State must determining whether a pregnant woman classifications. assume that she actually has the unborn would be eligible if her child were born Under section 1902(a)(10)(C)(ii) of the child in her care. This provision Act, if a State has a medically needy and living with her in the month that aid provides Medicaid coverage for would be paid, the State is to assume for program, pregnant women and children pregnant women who may have no under 18 also must be covered as all purposes that the child is actually other children in their care (such as first­ medically needy if they meet certain bom and living with the mother. time pregnant women) or pregnant conditions. Children under 18 must be Consequently, the child’s needs would women whose only children living with covered under a State’s medically needy be included in determining the amount them receive SSI. Eligibility under program if they would be eligible as of the grant and the child (and other provision (b) of the definition does not mandatory categorically needy except appropriate family members) would be rely on the assumption that the child has that they have excess income and included in determining the relevant been born. Rather, it overlaps with resources. Pregnant women must be number of members of the assistance eligibility under provision (a) and it covered under a State’s medically needy unit in making this determination. includes the assertion that a pregnant program if they would be eligible as In relation to eligibility criteria under woman is to be covered under Medicaid mandatory or optional categorically an unemployed parents program, all if she is a member of a family that could needy except that they have excess States, regardless of whether they have income or resources. The mandatory be covered if the State had an AFDC an unemployed parents program in their medically needy groups must meet all of unemployed parents program. For AFDC State plans, must use AFDC the requirements that govern the example, a pregnant woman under the unemployment program criteria, as medically needy in general. Thus, for age of 18 who is living with both of her appropriate, in determining Medicaid example, to be eligible, their income and unemployed parents could be covered eligibility for qualified pregnant women resources must not exceed the medically under provision (b). under the statutory amendment. A state needy income and resources standards The provisions for mandatory that has an unemployed parents respectively. If they have excess income, coverage of qualified pregnant women program in its AFDC plan would use the they may become eligible by incurring apply as of October 1,1984, without relevant methodologies of the program medical expenses in the amount by regard to whether or not final in determining Medicaid eligibility for a which their income exceeds the income regulations to carry out the statutory pregnant woman in situations where standards (i.e., spending down). amendment have been published unemployment is involved. However, a (unless, as determined by the Secretary, State without an unemployed parents Revised Eligibility Group o f Pregnant State legislation is needed for the State Women program in its AFDC plan (that may not Medicaid plan to meet the be familiar with requirements of the Section 2361 of the Deficit Reduction requirements). If the Secretary AFDC unemployed parents program) Act amended section 1902(a)(10)(A)(i) of determines that State legislation is would need to develop appropriate the Social Security Act to require States needed, these statutory provisions apply unemployed parents program to provide Medicaid coverage to certain the first day of the first calendar quarter requirements in conjunction with its qualified pregnant women as a distinct beginning after the close of the first AFDC State agency and the HCFA mandatory categorically needy regular session of the State legislature regional office. eligibility group. Section 2361 deleted that begins after July 18,1984 (the date In our view, the language of section the optional categorically needed of enactment of the Deficit Reduction 1905(n)(l)(B) of the Act, defining a eligibility group of pregnant women who Act). qualified pregnant woman, appears to were deemed AFDC recipients under These proposed regulations would identify a subset of the group already section 406(g)(2) of the Act and replaced conform the Medicaid regulations to the defined in section 1905(n)(l)(A) of the it with a mandatory categorically needy language of the statute by adding Act. As such, it seems to be superfluous eligibility group of qualified pregnant qualified pregnant women as a specific to the definition of the term (since all women (under section eligibility group for mandatory members of the group would already 1902(a)(10)(A)(i)(III) of the Act). In categorically needed coverage. The have been covered under section addition, section 2361 added a new existing regulations at 42 CFR 1905(n)(l)(A)). Our proposed regulation section 1905(n) to the Act that defines a 435.301(b)(l)(i) already provide for defining "a qualified pregnant woman” qualified pregnant woman for the medically needy coverage of pregnant mirrors the two parts presented in the mandatory eligibility group. The statute women who, but for income and statute. In the interest of giving full defines a qualified pregnant woman as resources, would be eligible for effect to the intent of Congress, we one whose pregnancy has been Medicaid as categorically needy. specifically invite comments on whether 48104 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Proposed Rules

section 1905(n)(l)(B) of the Act covers such as children in foster care homes, Section 2362 specifies that the any pregnant women who are not children in subsidized adoptions, or newborn child remains eligible for up to already included under the terms of children in intermediate care facilities one year as long as the mother remains section 1905(n)(l)(A). for purposes of optional coverage. eligible. We have interpreted this to However, States must cover all qualified mean that there must be continuous Eligibility Group o f Children Under 5 children bom after September 30,1983, eligibility during the 1-year period—that Section 2361 of the Deficit Reduction up to age 5 as a mandatory categorically is, if the mother loses eligibility or there Act also added a new mandatory needy coverage group, as discussed is a break in her eligibility, the newborn Medicaid eligibility group of qualified earlier. would no longer be deemed eligible for children under 5. The statute defines In addition, under section Medicaid under the provisions of section qualified children under 5 under the new 1902(a)(10)(C)(ii)(I), if a State has a 2362. Failure of the mother to meet or section 1905(n) as those who are under 5 medically needy program, it must cover continue to meet or comply with any of years of age, who are bom after as medically needy all children under 18 the eligibility requirements would result September 30,1983, and who meet the who, except for income and resources, in loss of her eligibility which would, in income and resource requirements of the would be eligible as mandatory turn, result in loss of the newborn child’s State’s approved AFDC plan. These categorically needy. Therefore, children eligibility. children are not required to meet other under 5 who, except for income and In addition, section 2362 ties the eligibility requirements of the AFDC resources, would be eligible under the newborn child’s eligibility to the child plan. However, they must meet the mandatory categorically needy group of being a “member of the woman’s general Medicaid requirements not qualified children under section 2361 household.” In determining what specific to the AFDC program, for must be covered as medically needy. constitutes a child being a member of example, citizenship and alienage, We propose to conform the Medicaid the woman's household, we believe that residency, etc. Coverage under section regulations to the language of the statute States should apply the methodologies 2361 only applies to children bom after by specifying the new eligibility group of of the cash assistance program related September 30,1983. In effect, coverage qualified children under 5 for mandatory to the mother’s eligibility (that is, for of a l l qualified children under 5 will be categorically needy coverage under a AFDC-related mothers, the AFDC rules phased in—that is, States may not elect new § 435.116. As previously noted, the on living with a specified relative under to cover all children under age 5 under provision on coverage of qualified regulations at 45 CFR 233.90(c)(l)(v), and this new mandatory group. Rather, children under 5 also applies as of for SSI-related mothers, the SSI rules for States can cover only those children October 1,1984, without regard to blind or disabled children or children of under age 5 who were bom on or after whether or not final regulations to carry blind or disabled mothers under October 1,1983. The effect of the out the statutory amendments have been regulations at 20 CFR 416.1149(a) and provision is that in fiscal year 1985 published by that date (unless State 416.1167(a)). (October 1,1984 through September 30, legislation is needed). Previously, we 1985), only those qualified children up to have provided guidance to States on We propose to conform the Medicaid 2 years of age will be covered; in fiscal implementation. regulations to the statute by adding a year 1986, only those qualified children provision for coverage of newborn up to 3 years of age; in fiscal year 1987, Clarification o f Eligibility o f Newborn children as a categorically needy only those qualified children up to 4 C h ild ren eligibility group under Medicaid under a years of age; and in fiscal year 1988 and Before passage of the Deficit new § 435.117. We also propose to add following, all qualified children up to 5 Reduction Act, some State Medicaid under § 435.301(b)(1) a provision for years of age. programs may not have established medically needy coverage of newborn As stated earlier, under section application procedures that provided for children of Medicaid-eligible mothers if 1902(a)(10)(A)(ii) of the Act, States may automatic Medicaid coverage of a the mother was eligible as medically cover, as optional categorically needy, newborn child bom to a Medicaid- needy at the time the child was bom, children under 21 (or 20,19, or 18) or eligible woman. Section 2362 of the did not qualify as categorically needy reasonable classifications of children Deficit Reduction Act established a because of income and resources above who meet the income and resource specific requirement for Medicaid a certain level, and the mother and child requirements of the AFDC State plan eligibility for certain newborn children. still have excess income and resources (Ribicoff children). The mandatory Section 2362 amended section 1902(e) of that make the unit ineligible as coverage of qualified children under 5 the Social Security Act to provide that a categorically needy. does not alter this optional coverage child bom on or after October 1,1984, to Provisions of the Regulations group. States still may not impose a woman eligible for and receiving coverage limitations on their optional Medicaid at the time of the child’s birth We propose to revise 42 CFR Parts 435 categorically needy coverage group of is deemed to have filed an application and 436 to add provisions for the children under age 21 (or 20,19, or 18) and been found eligible for Medicaid on coverage of the eligibility groups of that are based on age. The conference the date of birth and remains eligible for qualified pregnant women and children committee report for the Deficit one year so long as the woman remains under age 5 and newborn children. We Reduction Act (H.R. Rept. No. 98-861, > eligible and the child is a member of the propose to define these qualified 98th Cong., 2d sess., pp. 1359-1360 woman’s household. The newborn persons as they are defined in the (1984)) reiterated that States may not child’s eligibility is connected to the statutory amendments made by section impose coverage limitations on the mother’s eligibility. Therefore, if the 2361 and 2362 of the Deficit Reduction optional group of Ribicoff children mother is eligible as categorically needy, Act. Under Part 435, we propose to based on age—that is, for children the newborn child under the section remove the eligibility group of pregnant between the ages of 5 and 18, age may 2362 provision is categorically needy. If women deemed to be receiving AFDC not be used as a reasonable the mother is eligible as medically (§435.115(c)) and to add the mandatory classification. States may continue to needy, the newborn child under the categorically needy eligibility groups of establish reasonable categories section 2362 provision is medically qualified pregnant women and children permitted under current regulations, needy. and newborn children under new Federal Register / VoL 50, No. 225 / Thursday, November 2i, 1985 / Proposed Rules 48105

§§ 435.116 and 435.117 under the these services to some or all individuals List of Subjects heading, “Mandatory Coverage of in these groups under State or local Qualified Pregnant Women and programs. These increases in Medicaid 42 CFR Part 435 Children and of Newborn Children,” program costs are a result of the Aid to Families with Dependent under Subpart B. We also propose to additional coverage (that is, beyond that Children, Aliens, Categorically needy, amend the regulations at § 435.301(b)(1) now as optional groups) of Contracts, (Agreements—State Plan), to provide for mandatory medically appoximately 65,000 children in fiscal Eligibility, Grant-in-Aid program— needy coverage of newborn children of year 1985 and 109,000 children in fiscal health, Health facilities, Medicaid, Medicaid-eligible women. The changes year 1986 under State Medicaid Medically needy, Reporting in Part 435 would apply to the States, programs, and of the inclusion of requirements, Spend-down, the District of Columbia, and the approxmately 50,000 pregnant women in Supplemental security income (SSI). Northern Mariana Islands. We also each fiscal year 1985 and 1986. propose to make similar changes in Part Apart from the Federal and State 42 CFR Part 436 436 that would apply to Guam, Puerto budget impacts noted above, the Aid to Families with Dependent Rico, and the Virgin Islands. statutory provision for mandatory Children, Aliens, Contracts coverage of qualified pregnant women Response to Public Comments (Agreements), Eligibility, Grant-in-Aid and children and newborn children will program—health, Guam, Health Because of the large number of public have an impact on newly covered facilities, Medicaid, Puerto Rico, comments that we receive on proposed individuals utilizing various Medicaid Supplemental security income (SSI), rules, we cannot acknowledge or services in their respective State. Virgin Islands. respond to them individually. However, Principally, we believe that some 42 CFR Chapter IV is amended as set we will consider any comments received women and children may gain improved forth below: by the date specified under the access to health care services. Comment Period section of this Those providers who furnish A. Part 435 is amended as follows: document and respond to them in the Medicaid services to these new 1. The table of contents is amended by preamble to the final regulations. eligibility groups of individuals will adding a new undesignated center incur some additional administrative heading and new §§ 435.116 and 435.117 Impact Analyses expense related to billing and immediately after existing § 435.115 Executive Order 12291 a n d R e g u la to r y completing medical assistance forms, under Subpart B to read as follows: but may receive a benefit in the form of F le x ib ilit y A c t o f 1980 (Pub. L. 96-354) PART 435— ELIGIBILITY IN THE additional income to the extent that Executive Order 12291 requires us to STATES, DISTRICT OF COLUMBIA, these individuals seek services more prepare and publish a regulatory impact AND THE NORTHERN MARIANA frequently and that in the past analysis for any regulation that will ISLANDS provisions of health care services (of the have an annual effect on the economy of type covered under the State’s Medicaid $100 million or more; cause a major Sec. plan) to these woman and children may * * * * * increase in costs or prices for have resulted in nonpayment and bad consumers, individual industries, debt for the providers. Subpart B— Mandatory Coverage of the government agencies, or geographic In summary, we acknowledge that the Categorically Needy regions; or meet other- thresholds increases in program costs and the ★ 4c * ★ 4c specified in section 1(b) of the Act. benefit or burden impact on States, The Regulatory Flexibility Act Mandatory Coverage of Qualified Pregnant recipients, and providers of health care requires us to prepare and publish a Women and Children and of Newborn services result from the statutory Children regulatory flexibility analysis (RFA) for provisions under sections 2361 and 2362 any regulation that will have a 435.116 Qualified pregnant women and of the Deficit Reduction Act which children. significant impact on a substantial mandate coverage of these qualified number of small entities. A small entity 435.117 Newborn children. pregnant women, qualified children 4c 4c 4c 4c 4c is a small business, a nonprofit under 5, and certain qualified newborn enterprise, or a government jurisdiction Authority: Sec. 1102 of the Social Security children, and not from these regulations. Act (42 U.S.C. 1302). (such as a county or township) with a Therefore, because these regulations do population of less than 50,000. The not result in an annual economic impact § 435.3 [Amended] purpose of the analysis is to anticipate that meets the threshold criteria of 2. Section 435.3 is amended by the impact and to seek an alternative Executive Order 12291 or the Regulatory inserting the following statutory that would have a less significant effect. Flexibility Act, we have determined, and reference in the proper numerical order: We estimate that the mandatory the Secretary certifies, that regulatory inclusion of the two eligibility groups of 1905(n) Definition of qualified pregnant impact and regulatory flexibility women and child qualified pregnant women and children analyses are not required. and newborn children of Medicaid- 3. Section 435.115 is amended by eligible women for Medicaid coverage Paperwork Reduction Act o f 1980 (Pub. removing and reserving paragraph (c). will increase Federal Medicaid L. 96-511) expenditures by $40 million in fiscal These proposed regulations do not § 435.115 Individuals deemed to be year 1985 and by $105 million in fiscal receiving AFDC. contain information collection * * 4c 4c * year 1986. We estimate that State requirements that are subject to Medicaid expenditures will increase by approval by the Executive Office of (c) [Reserved] $35 million in fiscal year 1985 and $85 Management and Budget (OMB) under 4c 4c 4c it 4c million in fiscal year 1986. However, , the Paperwork Reduction Act. 4. In Subpart B, a new undesignated there also will be State or local fiscal Therefore, we have not submitted a center heading and new §§ 435.116 and savings or offsets to the extent that copy of the regulations to OMB for its 435.117 are added immediately after States or localities previously furnished review. § 435.115 to read as follows: 48106 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Proposed Rules

Mandatory Coverage of Qualified child is a member of the woman’s (3) They meet the income and Pregnant Women and Children and of household. resource requirements of the State’s Newborn Children B. Part 436 is amended as follows: approved AFDC plan. § 435.116 Qualified pregnant women and 1. The table of contents is amended by § 436.122 Newborn children children. removing the listing of § 436.18 as a (a) The Medicaid agency must provide typographical error and adding new (a) Effective October 1,1984, the Medicaid to a child born to a woman §§ 436.120 and 436.122 under Subpart B Medicaid agency must provide Medicaid who is eligible for and receiving to a pregnant woman whose pregnancy to read as follows: Medicaid at the time of the child’s birth. has been medically verified and who— PART 436— ELIGIBILITY IN GUAM, The child is deemed to have applied and (1) Would be eligible or deemed PUERTO RICO, AND THE VIRGIN been found eligible for Medicaid on the eligible for an AFDC cash payment (or INSLANDS date of birth and remains eligible for would be eligible for an AFDC cash one year so long as the woman remains payment if coverage under the State’s Sec. eligible and the child is a member of the AFDC plan included an AFDC- ***** woman’s household. unemployed parents program) if the (b) The requirements under paragraph child had been born and was living with Subpart B— Mandatory Coverage of the Categorically Needy (a) of this section apply to children bom her in the month of payment; or * * * * * on or after October 1,1984. (2) Is a member of a family that would be eligible or deemed eligible for an § 436.120 Qualified pregnant women and 4. In Subpart D, § 436.301, paragraph AFDC cash payment if the State’s AFDC children. (b) (1) is reprinted for the convenience of § 436.122 Newborn children. the user and a new paragraph (b)(l)(iii) plan included an AFDC-unemployed * * * * * parents program. is added to read as follows: (b) The Medicaid agency must provide Authority: Sec. 1102 of the Social Security (42 1302). § 436.301 General rules. Medicaid to children who meet all of the Act U.S.C. ***** following criteria: § 436.2 [Amended] (1) They are born after September 30, (b) If the agency chooses this option, 1983; 2. Section 436.2 is amended by the following provisions apply: (2) They are under 5 years of age; and inserting the following statutory (1) The agency must provide Mediciad (3) They meet the income and reference in numerical order: to— resource requirements of the State’s 1905(n) Definition of qualified pregnant ***** approved AFDC plan. woman and child. (iii) All newborn children bom on or §435.117 Newborn children. 3. Section 436.114 is amended by after October 1,1984, to a woman who is removing and reserving paragraph (c). eligible as medically needy and (a) The Medicaid agency must provide receiving Medicaid at the time of the Medicaid to a child bom to a woman § 436.114 Individuals deemed to be child’s birth. The child is deemed to who is eligible as categorically needy receiving AFDC. have applied and been found eligible for and is receiving Medicaid at the time of ***** Medicaid on the date of birth and the child’s birth. The child is deemed to (c) [Reserved] remains eligible for one year so long as have applied and been found eligible for * * * * * the woman remains eligible and the Medicaid on the date of birth and child is a member of the woman’s remains eligible for one year so long as 3. New §§ 4.36.120 and 436.122 are household. the women remains eligible and the added to Subpart B to read as follows: (Catalog of Federal Domestic Assistance child is a member of the woman’s § 436.120 Qualified pregnant women and household. Program No. 13.714— Medical Assistance children. Program) (b) The requirements under paragraph (a) Effective October 1,1984, the (a) of this section apply to children born Dated: August 9,1985. on or after October 1,1984. Medicaid agency must provide Medicaid Carolyne K. Davis, to a pregnant woman whose pregnancy Administrator, Health Care Financing 5. In Subpart D, § 435.301, paragraph has been medically verified and who— (b) (1) is reprinted for the convenience of Administration. (1) Would be eligible or deemed the user and a new paragraph (b)(l)(iii) Approved: October 7,1985. eligible for an AFDC cash payment (or is added to read as follows: Margaret M. Heckler, would be eligible for an AFDC cash S ecretary . § 435.301 General rules. payment if coverage under the State’s ***** AFDC plan included the AFDC- [FR Doc. 85-27811 Filed 11-20-85; 8:45 am] BILLING CODE 4120-01-M (b) If the agency chooses this option, unemployed parents program) if the the following provisions apply: child had been born and was living with (1) The agency must provide Medicaid her in the month of payment; or to— (2) Is a member of a family that would FEDERAL COMMUNICATIONS * * ★ * * be eligible or deemed eligible for an COMMISSION (iii) All newborn children bom on or AFDC cash payment if the State's AFDC 47 CFR Part 73 after October 1,1984, to a woman who is plan included an AFDC-unemployed parents program. eligible as medically needy and is [MM Docket No> 85-71; RM-4856] receiving Medicaid at the time of the (b) The Medicaid agency must provide child’s birth. The child is deemed to Medicaid to children who meet all of the TV Broadcast Station in Agate, CO; have applied and been found eligible for following criteria: Dismissal Medicaid on the date of birth and (1) They are born after September 30, remains eligible for one year so long as 1983; AGENCY: Federal Communications the woman remains eligible and the (2) 'They are under 5 years of age; and Commission. Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Proposed Rules 48107

ACTION: Proposed Rule; Dismissal of 3. Therefore, in light of the above, it is information labeled on the sidewall of proposal. ordered, That the petition of the the tire is removed. While there are s u m m a r y : Action taken herein Freedom Development Co. proposing the some instances in which it would be dismisses a petition filed by the assignment of UHF television Channel useful for the retread tire purchaser or Freedom Development Co. to assign 63 of Agate, Colorado, is dismissed. lessor to be able to identify the original 4. It is further ordered, That this UHF television Channel 63 to Agate, manufacturer of the tire which has been proceeding is terminated. Colorado, based on the petitioner’s retreaded, NHTSA believes these 5. For further information concerning failure to express continuing interest in instances are infrequent. Moreover, the the above, contact Nancy V. Joyner, the proposal. only way to ensure that this Mass Media Bureau, (202) 634-6530. ADDRESS: FederalCommunications identification can be made would be to Federal Communications Commission. Commission, Washington, DC 20554. prohibit bead-to-bead retreading. Charles Schott, FOR FURTHER INFORMATION CONTACT: NHTSA believes that any benefits Chief, Policy and Rules Division, Mass M edia which might be derived from requiring Nancy V. Joyner, Mass Media Bureau, Bureau. (202) 634-6530. the original manufacturer’s tire [FR Doc. 85-27782 Filed 11-20-85; 8:45 am] identification number to remain on the SUPPLEMENTARY INFORMATION: . ^ BILLING CODE 6712-01-M sidewall of retreaded tires are not List of Subjects in 47 CFR Part 73 significant enough to justify prohibiting bead-to-bead retreading. Therefore, to Television. DEPARTMENT OF TRANSPORTATION the extent that this petition for The authority citation for Part 73 reconsideration was actually a petition continues to read: National Highway Traffic Safety for rulemaking, it is likewise denied. Authority: Secs. 4 and 303,48 Stat. 1066, as Administration amended, 1082, as amended: 47 U.S.C. 154, FOR FURTHER INFORMATION CONTACT: 303. Interpret or apply secs. 301, 303, 307, 48 49 CFR Part 574 Arturo Casanova, Office of Vehicle Stat. 1081,1082, as amended, 1083, as Safety Standards, National Highway [Docket No. 84-07; Notice 3] . amended, 47 U.S.C. 301, 303, 307. Other Traffic Safety Administration, 400 statutory and executive order provisions Tire identification and Recordkeeping Seventh Street, SW., Washington, DC authorizing or interpreted or applied by 20590 (202-426-1714). specific sections are cited to text. a g e n c y : National Highway Traffic SUPPLEMENTARY INFORMATION: NHTSA Report and Order (Proceeding Safety Administration (NHTSA), DOT. published a final rule amending Part 574 Terminated) a c t i o n : Denial of petition for at 50 FR 2287, January 16,1985. Before In the Matter of Amendment oP§ 73.606(b), reconsideration and rulemaking. that time, Part 574 required retreaders of Table of Assignments, TV Broadcast Stations SUMMARY: tires for use on motor vehicles other (Agate, Colorado); MM Docket No. 85-71, On January 16,1985, this agency published a final rule amending than passenger cars to remove the RM-4856. original manufacturer’s DOT symbol Adopted: November 1,1985. Part 574 to give retreaders of tires for motor vehicles other than passenger from the sidewall of the finished retread. Released: November 15,1985. (Tires for use on motor vehicles other By the Chief, Policy and Rules Division. cars on option during the retreading process. The retreader may either than passenger cars will be referred to 1. Before the Commission for remove the original manufacturer’s DOT as “non-car tires” throughout the rest of consideration is the Notice o f Proposed symbol from the sidewall of the finished this notice.) Since the agency Rule Making, 50 FR 14948, published retread or leave that DOT symbol on the determined that no significant safety April 16,1985, proposing the assignment tire. interest was served by requiring this of UHF television Channel 63 1 to Agate, A petition for reconsideration of that step of non-car tire retreaders, the Colorado, as that community’s first local rule was timely filed. The petition asked January 16,1985 final rule gave such television broadcast service, in response the agency to require that the original retreaders the option of either removing to a petition filed by the Freedom manufacturer's DOT symbol remain on the original manufacturer's DOT symbol Development Co. (“petitioner”). the sidewall of the finished retread, so or leaving it on the finished retread. 2. According to Commission policy, a that retread tire purchasers and lessors Passenger car tire retreaders already showing of continuing interest is can identify the original manufacturer of had this option. required before a channel will be the tire. This was said to be needed in À petition for reconsideration of this assigned to a community. See, case of some problem with the retreaded rule was timely filed on February 15, paragraph 2 of the Appendix of the tire. 1985, by the Metro Dade Transportation N otice and W illiams, Arizona, 47 FR The DOT symbol which consists of Administration (MDTA) of Dade 20827, published May 14,1982. The the letters “DOT”, does not identify the County, Florida. The petition asked that petitioner herein failed to file comments manufacturer of a tire, and the petition the rule be modified to require that the in response to the N o tice. The time for reconsideration is denied. NHTSA original manufacturer’s DOT symbol be provided for such filing in this assumes that the petitioner was asking retained oh the sidewall of finished non­ proceeding has lapsed and, or our the agency to prohibit the removal of the car retreaded tires. According to knowledge, no other party has original manufacturer’s tire MDTA’s petition, the rule “reduces the expressed an interest in the proposal. identification number from the finished ability of the lessor of tires to identify retread, since that number would performance problems” which might be ‘Petitioner requested the assignment of UHF identify the original manufacturer, and attributable to the original manufacturer television Channel 69 to Agate. Although that has treated the request as a petition for of the tire. channel could comply with the Commission’s rulemaking asking fof that change. mileage separation and other technical NHTSA believes that MDTA was requirements, we-substituted Channel 63 in lieu There is a retreading process known confused as to the DOT symbol referred thereof to avoid any potential interference with land as “bead-to-bead” retreading, in which to in the rule. The original mobile licensees in the area which may be licensed the sidewall of the used tire is buffed manufacturer’s DOT symbol consists 0,1 ‘he adjacent 806-816 mHz band. and all the original manufacturer’s solely of the letters “DOT” molded into 48108 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Proposed Rules

Pacific Spiny Lobster Fisheries for the sidewall of the tire. Those letters are and tread are buffed and new rubber is applied. The effect of using this retreading review by the Secretary of Commerce required to appear on at least one process is that a ll of the information labeled (Secretary) and is requesting comments sidewall of every new tire for use on on the casing is removed and the retreader from the public on the amendment and motor vehicles, and in no way identify must relabel all of the safety information. its environmental assessment. Copies of the manufacturer of the tire. The petition While *his does raise the possibility that the the amendment may be obtained from for reconsideration is therefore denied. information could be incorrect, this the Council at the address below. _ It is most probable that MDTA was possibility was not sufficient reason to thinking of the tire identification prohibit a safe and effective retreading d a t e : Comments on the plan number, instead of the DOT symbol. The process. 49 FR 37815 at 7818, September 28, amendment should be submitted on. or 1984 [emphasis in original]. tire identification number consists of 10 before January 31,1986» digits for new tires, as specified in 49 NHTSA has the same concerns with ADDRESS: Send comments to E.C. CFR 574.5, and, among other things, this petition. While there are instances Fullerton, Director, Southwest Region, identifies the manufacturer of the tire. in which it is useful for the user of a NMFS, 300 South Ferry Street, Terminal retreaded tire to be able to identify the NHTSA has assumed that MDTA was Island, CA 90731. Copies of the referring to the tire identification original manufacturer of the tire, these amendment and its environmental number in its petition for infrequent situations do not justify assessment are available upon request reconsideration, and has treated the prohibiting the above retreading from the Council at 1164 Bishop Street, petition for reconsideration as a petition process. Accordingly, the petition for Suite 1405, Honolulu, HI 96813. for rulemaking, pursuant to 49 CFR rulemaking is denied. 552.5. . The agency would like to note that FOR FURTHER INFORMATION CONTACT: This petition for rulemaking asks the nothing in this denial notice prohibits Kitty Simonds (Executive Director, agency to amend Part 574 to require MDTA or any other user of retreaded Western Pacific Fishery Management norucar retreaded tires to retain the non-car tires from specifying in its lease Council), 808-523-1368. original manufacturer’s tire or purchase agreement that the SUPPLEMENTARY INFORMATION: The identification number. NHTSA notes retreaded tires provided must retain the Magnuson Fishery Conservation and that there are some instances in which original manufacturer’s tire Management Act (16 U.S.C 1801 e t s e q .) performance problems with retreaded identification number. However, the requires that each regional fishery tires would result from a problem during agency has no evidence to support management council submit any fishery the original manufacture of the casing prohibiting the use of bead-to-bead management plan or plan amendment it which has subsequently been retreaded. retreading, and it would therefore be prepares to the Secretary for review and However, the information available to inappropriate to require that the original approval or disapproval. This act also the agency suggests that this is an manufacturer's tire identification requires that the Secretary, upon infrequent occurrence. number be retained on the sidewall of receiving the plan or amendment, must NHTSA also notes that the petition a l l non-car tires. immediately publish a notice that the appears to assume that all performance (15 U.S.C. 1392 and 1407; delegation of plan or amendment is available for problems with retreaded tires result authority at 49 CFR 1.50). public review and comment. The from a problem during either the original Issued on November 18,1985. Secretary will consider the public manufacturer of the tire or the Diane K. Steed, comments in determining whether to retreading process, and this is not true. Administrator. approve the plan or amendment. There are many instances in which Amendment 3 proposes the following performance problems with retreaded [FR Doc. 85-27834 Filed 11-20-85; 8:45 am] measures: (1) Eliminate the use of tires could not be attributed to a BILLING CODE 4910-59-M carapace length to define a legal-sized problem in either the original spiny lobster and substitute a minimum manufacturer or retreading of the tire. tail width measurement instead; (2) Such instances include, but are not DEPARTMENT OF COMMERCE eliminate the 15 percent allowance for limited to, a hole larger than a nail National Oceanic and Atmospheric undersized lobsters in favor of a 4.8 cm suffered by the tire while in service with Administration minimum tail width for a one-year trial its original tread, damage to the inner period starting with the effective date of liner from being run flat, damage to the 50 CFR Part 681 this amendment; and (3) codify a new bead area of the tire during mounting, location on a spiny lobster tail (as and damage to the sidewall from being Western Pacific Spiny Lobster presently defined in emergency run against curbs. Fisheries regulations) where measurement is to be However, the agency’s main concern made to determine minimum size. This with this petition is that granting it AGENCY: National Marine Fisheries would force the agency to prohibit the Service (NMFS), NOAA, Commerce. amendment would only apply to the fishery conservation zone around the use of bead-to-bead retreading for non­ ACTION: Notice of availability of an car tires. As NHTSA explained in a amendment to a fishery management Northwestern Hawaiian Islands. recent notice of proposed rulemaking for plan and request for comments. Dated: November 18,1985. Part 574: Richard B. Roe, s u m m a r y : NOAA issues this notice that With respect to the concern that the the Western Pacific Fishery Director, Office o f Fisheries Management, labeling not be buffed off during standard National Marine Fisheries Service. Management Council (Council) has retreading operations, the agency has always [FR Doc. 85-27850 Filed 11-19-85; 8:45 am] permitted bead-to-bead retreading. In bead- submitted Amendment 3 to the Fishery to-bead retreading, the entire sidewall areas Management Plan for the Western BILLING CODE 3510-22-M 48109

Notices Federal Register Vol. 50, No. 225

Thursday, November 21, 1985

This section of the FEDERAL REGISTER The Bureau of Land Management, Dated: November 13,1985. contains documents other than rules or proposed rules that are applicable to the Department of the Interior, will be a Henry H. Hazen III, public. Notices of hearings and cooperating agency to evaluate the Deputy Forest Supervisor. investigations, committee meetings, agency potential impacts on the Public Lands [FR Doc. 85-27754 Filed 11-29-85; 8:45 am] decisions and rulings, delegations, of under its jurisdiction. The right of way BILLING CODE 3410-11-M authority, filing of petitions and grant of all Federal lands will be issued applications and agency statements of by the Bureau of Land Management organization and functions are examples under the Mineral Leasing Act. Soil Conservation Service of documents appearing in this section. The Fish and Wildlife Service, Department of the Interior, will be Bayou Mallet Watershed, LA invited to participate as a cooperating DEPARTMENT OF AGRICULTURE a g e n c y : Soil Conservation Service, agency to evaluate potential impacts on USDA. Forest Service threatened and endangered species habitat. a c t i o n : Notice of Availability of Record of Decision., Angeles Pipeline Southern California The Forest Supervisor and the Pipeline System; Angeles National Department of Transportation will hold s u m m a r y : Harry S. Rucker, responsible Forest, Los Angeles County, CA; Intent the following public scoping meetings: To Prepare an Environmental Impact Federal official for projects Statement 1. Agency & Public Officials,'1:00 P.M. administered under the provisions of Tuesday, December 3,1985,120 S. Pub. L. 83-566,16 U.S.C. 1001-1008, in The Department of Agriculture, Forest Spring Street, Room #445, Los Angeles, the State of Louisiana, is hereby Service will prepare an environmental California. - providing notification that a record of impact statement for a proposal to 2. Newhall/San Fernando Valley, 6:30 decision to proceed with the installation permit construction of the Angeles P.M. Tuesday, December 10,1985, of the Bayou Mallet Watershed project Pipeline on the Saugus Ranger District. Placerita Junior.High School, is available. Single copies of this Record The State of California, Department of Multipurpose Room, 25015 Newhall of Decision may be obtained from Harry Transportation will be a cooperating Avenue, Newhall, California. S. Rucker at the address shown below. agency, and will prepare an 3. Southbay, 6:30 P.M. Wednesday, FOR FURTHER INFORMATION CONTACT: Environmental Impact Report complying December 11,1985, Gardena High Harry S. Rucker, State Conservationist, with the California Environmental School Auditorium, 1301 W. 183nd Soil Conservation Service, 3737 Quality Act for non-Federal lands. A Street, Gardena, California. Government Street, Alexandria, LA joint document will be prepared. 71302, telephone (318) 473-7751. The public review process for the 4. Burbank/San Fernando Valley, 6:30 Angeles National Forest Proposed Land P.M. Thursday, December 12,1985, (Catalog of Federal Domestic Assistance Program No. 10.904, Watershed Protection Management Plan and Draft Marshall High School, Oral Arts Room, 3939 Tracy Street, Los Angeles, and Flood Prevention, State and local review Environmental Impact Statement has procedures for Federal and federally assisted been completed. The preferred California. programs and projects are applicable) alternative identifies a transportation Zane G. Smith, Regional Forester, Dated: November 13,1985. and utility corridor along the proposed Pacific Southwest Region, San Harry S. Rucker, project route. The final environmental Francisco, California, is the responsible State Conservationist. impact statement is expected to be official. issued by mid-1985. [FR Doc. 85-27824 Filed 11-20-85; 8:45 am] The analysis is expected to take about BILLING CODE 3410-16-M A range of alternatives for the project 6 months. The draft environmental will be considered. One of these will be impact statement should be available nondevelopment of the pipeline. Other for public review by fall 1986. The final West Franklin Watershed, LA alternatives will consider various environmental impact statement is locations of the line. scheduled to be completed by spring a g e n c y : Soil Conservation Service, Federal, State, and local agencies; the 1987. USDA. proponent; and other individuals or organizations who may be interested in Written comments and suggestions ACTION: Notice of Availability of a or affected by the decision will be concerning the analysis should be sent Record of Decision. invited to participate in the scoping to Donald M Winslow, District Ranger, s u m m a r y : Harry S. Rucker, responsible process. The process will include: Saugus Ranger District, Angeles Federal official for projects 1. Identification of potential issues. National Forest, 30800 Bouquet Canyon administered under the provisions of 2. Identification of issues to be Road, Saugus, California 91350, by analyzed in depth. December 31,1985. Pub. L. 83-566,16 U.S.C. 1001-1008, in the State of Louisiana, is hereby 3. Elimination of insignificant issues Questions about the proposed action or those which have been covered by a providing notification that a record of and environmental impact statement decision to proceed with the installation Previous environmental review. should be directed to Richard L. Borden, 4. Determination of potential of the West Franklin Watershed project Forester, Saugus Ranger District, is available. Single copies of this record cooperating agencies and assignment of Angeles National Forest, phone (805) responsibilities. of decision may be obtained from Harry 252-9710. S. Rucker at the address shown below. 48110 Federal Register / Vol. 50, No, '225 / Thursday, November 21, 1985 / Notices

FOR FURTHER INFORMATION CONTACT: Register) to: Office of Export Trading foreign competition, and specifications Harry S. Rucker, State,Conservationist, Company Affairs, International Trade of customers in export markets; Soil Conservation Service, 3737 Administration, Department of- (b) Quality and quantity of fish and Government Street, Alexandria, LA Commerce, Room 5618, Washington, DC fish products available for export by its 71302, telephone (318) 473-7751. 20230. Information submitted by any members, including, but not limited to, (Catalog of Federal Domestic Assistance person is exempt from disclosure under export inventory levels and geographic Program No, 10.904, Watershed Protection the Freedom of Information Act (5 U.S.C. availability; and and Flood Prevention. State and local review 552). Comments should refer to this (c) Domestic and foreign legislation, procedures for Federal and federally assisted application as "Export Trade Certificate regulations and policies affecting export programs and projects are applicable) of Review, application number 85- sales. Dated: November 13,1985. 00017.” 2. Conduct meetings of its members to Harry S. Rucker, Applicant: Pacific Northwest Fish discuss information regarding the export State Conservationist. Export Association, Inc., 4200 of fish and fish products to export [FR Doc. 85-27825 Filed 11-20-85: 8:45am] Seattle—First National Bank Building, markets. BILLING CODE 3410-16-M Seattle, Washington 98154 Application #: 85-00017 3. Prescribe conditions on membership Date Deemed Submitted: November 8, in and withdrawal from PNFEA. DEPARTMENT OF COMMERCE 1985 Dated: November 18,1985. Members (in addition to applicant): George Muller, International Trade Administration Icicle Seafoods, Inc.; Peter Pan Seafoods, Inc.; Sea-Alaska Products, Acting Director, Office o f Export Trading, Export Trade Certificate of Review; Inc.; and Ocean Beauty Seafoods. Company Affairs. Application [FR Doc. 85-27806 Filed 11-20-85; 8:45 am] Summary of the Application BILLING CODE 3510-OR-M a g e n c y : International Trade A. Export Trade Administration, Commerce. a c t io n : Notice of Application. Products Foreign Availability Subcommittee of The Applicant and its members intend the Computer Systems Technical s u m m a r y : The Office of Export Trading to export from the United States fish or Company Affairs, International Trade Advisory Committee; Open Meeting fish products, including salmon (fresh, Administration, Department of frozen and canned), salmon roe, herring A meeting of the Foreign Availability Commerce, has received an application roe, tanner crab, king crab and black Subcommittee of the Computer Systems for an Export Trade Certificate of cod. Technical Advisory Committee will be Review. This notice summarizes the conduct for which certification is sought Services held December 11,1985,1:00 p.m., The and requests comments relevant to Herbert C. Hoover Building, Room 1851, Consulting; international market 14th Street and Constitution Ave., NW., whether the certificate should be issued. research; advertising; marketing; FOR FURTHER INFORMATION CONTACT: Washington, DC. The Foreign insurance; product research and design, Availability Subcommittee was formed James V. Lacy, Director, Office of Export exclusively for export; legal assistance; to ascertain if certain kinds of Trading Company Affairs, International transportation, including trade equipment are available in non-COCOM Trade Administration, 202-377-5131. documentation and freight forwarding; and Communist countries, and if such This is not a toll-free number. communication and processing of equipment is available, then to ascertain SUPPLEMENTARY INFORMATION: Title III foreign orders; warehousing; foreign of the Export Trading Company Act of exchange; financing; and taking title to if it is technically the same or similar to 1982 (Pub. L. 97-290} authorizes the goods in connection with the export of that available elsewhere. Secretary of Commerce to issue Export fish and fish products. Agenda Trade Certificates of Review. A certificate of review protects its holder B. E x p ort M a rk ets 1. Introduction of members and guests. and the members identified in it from The applicant and its members intend 2. Opening remarks by the Chairman. private treble damage actions and from tô export to all parts of the world. 3. Presentation of papers or comments civil and criminal liability under Federal C. Export Trade Activities and M ethods by the public. and state antitrust laws for the export o f O p eration 4. Discussion of potential TAC foreign conduct specified in the certificate and availability certifications. carried out during its effective period in Pacific Northwest Fish Export compliance with its terms and Association, Inc. (“PNFEA”) and its 5. Old business. conditions. Section 302(b)(1) of the Act members seek certification to engage in 6. New business. and 15 CFR 325.6(a) require the the following activities to export the 7. Action items underway. Secretary to publish a notice in the products in export trade and provide 8. Action items due at next meeting. Federal Register identifying the related services: The meeting will be open to the public 1. Compile, collect from the applicant and summarizing its proposed and a limited number of seats will be disseminate to its members information export conduct. available. To the extent time permits, related to: Request for Public Comments (a) Sales and marketing efforts and members of the public may present oral statements to the Committee. Written Interested parties may submit written opportunities in export markets for fish comments relevant to the determination and fish products, including, but not statements may be submitted at any whether a certificate should be issued. limited to, selling strategies, sales, time before or after the meeting. An original and five (5) copies should be contract and spot pricing, projected For further information or copies of submitted not later than (insert date 20 demand, standard terms of sale, the minutes telephone 202-377-2583. days after publication in the Federal financing, insurance, transportation, Federal Register / Vol. 50. No. 225 / Thursday, November 21, 1965' / Notices 48111

November 18,1985. Software Subcommittee of the Milton M. Baltas, requesting permits for foreign vessels to Computer Systems Technical Advisory fish in the fishery conservation zone Director, Technical Programs Staff, Office o f Committee; Closed Meeting under the Magnuson Fishery Export Administration. Conservation and Management Act [FR Doc. 85-27818 Filed 11-20-85; 8:45 am] A meeting of the Software (Magnuson Act, 16 U.S.C. 1801 e t seq .) BILLING CODE 3510-DT-M Subcommittee on the Computer Systems Technical Advisory Committee will be Send comments on applications to: held December 11,1985,1:00 p.m., the Fees, Permits and Regulations Division Herbert C. Hoover Building, Room 5611, (F/M12), National Marine Fisheries 14th Street and Constitution Ave., NW., Service, Department of Commerce, Hardware Subcommittee of the Washington, DC. The Software Washington, D.C. 20235. Computer Systems Technical Advisory Subcommittee was formed to study or, send comments to the Fishery Committee; Closed Meeting computer software with the goal of Management Council(s), as specified making recommendations to the below: A meeting of the Hardware Department of Commerce relating to the Douglas G. Marshall, Executive Director, Subcommittee of the Computer Systems appropriate parameters for controlling New England Fishery Management Technical Advisory Committee will be exports for reasons of national security. Council, 5 Broadway (Route 1), held December 12,1985, 9:30 a.m.—12:30 The Committee will meet only in Saugus, MA 01906, 617/231-0422 executive session to discuss matters p.m., the Herbert C. Hoover Building, John C. Bryson, Executive Director, Mid- properly classified under Executive Room 6802,14th Street and Constitution Atlantic Fishery Management Council, Order 12356, dealing with the U.S. and Ave., NW., Washington, DC. The Federal Building Room 2115, 300 South COCOM control program and strategic Hardware Subcommittee was formed to New Street, Dover, DE 19901, 302/674- criteria related thereto. 2331 focus on manufacturing and The Assistant Secretary for performance characteristics of main David H.G. Gould, Executive Director, Administration, with the concurrence of South Atlantic Fishery Management frames and other computer hardware. the delegate of the General Counsel, Council, Southpark Building, Suite 306, The Committee will meet only in formally determined on February 6, 1 Southpark Circle, Charleston, SC executive session to discuss matters 1984, pursuant to section 10(d) of the 29407, 803/571-1366 , properly classified under Executive Federal Advisory Committee Act, as Omar Munoz-Roure, Executive Director, Order 12356, dealing with the U.S. and amended by section 5(c) of the Caribbean Fishery Management COCOM control program and strategic Government in the Sunshine Act, Pub. L. Council, Banco De Ponce Building, criteria related thereto. 94-409, that the matters to be discussed in the Executive Session should be Suite 1108, Hato Rey, PR 00818, 809/ The Assistant Secretary for 753-6910 Administration, with the concurrence of exempt from the provisions of the Federal Advisory Committee Act Wayne E. Swingle, Executive Director, the delegate of the General Counsel, Gulf of Mexico Fishery Management formally determined on February 6, relating to open meetings and public participation therein, because the Council, Lincoln Center, Suite 881, 1984, pursuant to section 10(d) of the 5401 West Kennedy Blvd., Tampa, FL Federal Advisory Committee Act, as Executive .Session will be concerned with matters listed in 5 U.S.C. 552b(c)(l) 33609, 813/228-2815 amended by section 5(c) of the and are properly classified under Joseph C. Greenley, Executive Director, Government in the Sunshine Act, Pub. L Executive Order 12356. Pacific Fishery Management Cduncil, 94-409, that the matters to be discussed A copy of the Notice of Determination 526 S.W. Mill Street, Portland, OR in the Executive Session should be to close meetings or portions thereof is 97201, 503/221-6352 exempt from the provisions of the available for public inspection and Jim H. Branson, Executive Director, Federal Advisory Committee Act copying in the Central Reference and North Pacific Fishery Management relating to open meetings and public Records Inspection Facility, Room 6628, Council, 411 W. Fourth Avenue, Suite participation therein, because the U.S. Department of Commerce, 2D, Anchorage, AK 99510, 907/271- Executive Session will be concerned telephone: 202-377-4217. For further 4060 with matters listed in 5 U.S.C. 552b(c)(l) information contact Margaret A. Kitty M. Simonds, Executive Director, and are properly classified under Cornejo, 202-377-2583. Western Pacific Fishery Management Executive Order 12356. Dated: November 18,1985. Council, 164 Bishop Street, Room 1405, A copy of the Notice of Determination Milton M. Baltas, Honolulu, HI 96813, 808/523-1368 For further information contact John to close meetings or portions thereof is Director, Technical Programs Staff, Office o f available for public inspection and Export Administration. D. Kelly or Shirley Whitted (Fees, copying in the Central Reference and [FR Doc. 85-27820 Filed 11-20-85; 8:45 am] Permits, and Regulations Division, 202- 634-7432). Records Inspection Facility, Room 6628, BILLING CODE 3510-DT-M U.S. Department of Commerce, The Magnuson Act requires the telephone: 202-377-4217. For further Secretary of State to publish a notice of information contact Margaret A. DEPARTMENT OF COMMERCE receipt of all applications for such Cornejo, 202-377-2583. permits summarizing the contents of the National Oceanic and Atmospheric applications in the Federal Register. The Dated: November 18,1985. Administration National Marine Fisheries Service, Milton M. Baltas, under the authority granted in a Director, Technical Programs Staff, Office a Permits; Foreign Fishing memorandum of understanding with the Export Administration. Department of State effective November This document publishes for public [FR Doc. 27819 Filed 11-20-85; 8:45 am] 29,1983, issues the notice on behalf of review a summary of applications BILLING CODE 3510-DT-M the Secretary of State. received by the Secretary of State Individual vessel applications for 48112 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices fishing in 1986 have been received Joint Venture K o r e a between September 1985 and November Ja p a n The Government of the Republic of 1985, from the Governments shown Korea submitted applications to engage below. The Government of Japan submitted in joint venture activities off Alaska Dated: November 15,1985. permit applications to engage in joint during 1986. The applications request Joseph W. Angelovic, venture activities off Alaska during that processing vessels of Korea receive Deputy Assitant Administrator for Science 1986. The applications request that total transshipment of U.S. harvested and Technology, National Marine Fisheries processing vessels of Japan receive total fish and appropriate by-catch species in Service. transshipments of U.S. harvested fish the Bering Sea and Aleutian Islands for and appropriate by-catch as follows: 112,720 mt of Alaska pollock, 8,680 mt of Fishery codes and designation of 310.000 mt of Alaska pollock, and 30,000 Pacific cod, 23,850 mt of Yellowfin sole, Regional Fishery Management Councils mt of Yellowfin sole in the Bering Sea 26,140 mt of Atka mackerel, and 2,290 mt which review applications for individual and Aleutian Islands fishery and 120,000 of Other groundfish; in the Gulf of fisheries are as follows: mt' of pollock in the Gulf of Alaska Alaska 72,260 mt of Alaska pollock, Code fishery and regional fishery fisheries and associated by-catch 1,880 mt of Pacific cod, 1,740 mt of Other management councils: species in those fisheries. The American flounders, 2,790 mt of Atka mackerel, and 650 mt of other groundfish. The ABS Atlantic Billfishes and Sharks— New partners identified are as follows: American partners that have been England, Mid Atlantic, South Atlantic, Gulf Northern Deep Sea Fisheries, Inc., identified are Profish Alaska Inc., of Mexico, Caribbean. Alyeska Ocean, Inc., Alaska Contact, Daerim America, Inc., Cal-Alaska BSA Bering Sea and Aleutian Islands Ltd., Peter Pan Seafoods, Inc., Profish Fisheries, Inc., and Alaska Joint Venture Groundfish— North Pacific. International Inc., Whitney-Fidalgo Fisheries, Inc. GOA Gulf of Alaska— North Pacific. Seafoods, Inc., and Westward Trawlers, NWA Northwest Atlantic Ocean— New Inc. C hin a England, Mid-Atlantic. P o la n d The Government of the People’s SNA Snails (Bering Sea)— North Pacific. Republic of China submitted WOC Pacific Groundfish (Washington, The Government of the Polish People’s applications to engage in joint venture Oregon and California)— Pacific. Republic submitted permit applications activities of Alaska during 1986. The PBS Pacific Billfishes and Sharks— Western to engage in joint venture activities off applications request that processing Pacific. Alaska during 1986. The applications vessels of China receive total Activity codes which specify request that processing vessels of transshipments of U.S. harvested fish categories of fishing operations applied Poland receive total transshipments of and appropriate by-catch species in the for are as follows: U.S. harvested fish and appropriate by- Bering Sea and Aleutian Islands and the catch species in the following amounts: Gulf of Alaska for 15,550 mt of Alaska Activity code and fishing operations: 40.000 mt of Alaska pollock, in the pollock, 13,450 mt of Turbots, 2,000 mt of 1— Catching, processing and other support. Bering Sea and Aleutian Islands and Atka mackerel and 4,000 mt of Pacific 2— Processing and other support only. 10.000 mt of Alaska pollock in the Gulf cod. 3— Other support only. of Alaska: and 20,000 mt of Pacific Several of the applications did not *— Vessel in support oFU.S. vessels ( J o i n t whiting in the Pacific Groundfish identify the American partner due to on Venture). fishery. going contract negotiations.

Nation, vessel name, and vessel type Application No. Fishery Activity

Government of the People's Republic of China: Geng Hai (factory ship)...... - ...... - CH-86-0001 BSA, GOA *1 Kai Chuang (factory ship)...... CH-86-0003 BSA, GOA *1 Liao Ving (cargo transport vessel)...... CH-86-0004 BSA, GOA 3 Yan Yuan 1 (factory ship)...... - ...... Ch-86-0002 BSA, GOA *1 Government of the German Democratic Republic: Bodo Uhse (large stern trawler)...... :...... GC-86-0040 NWA *1 Bruno (large stern trawler)...... — .....'. GC-86-0053 NWA *1 Granitz (large stern trawler)...... — ------:.. GC-86-0051 NWA *2 Hans Marchwitza (large stern trawler)...... GC-86-0052 NWA *1 Lichtenhagen (cargo/transport vessel)...... - ..... GC-86-0055 NWA 3 Ludwig Renn (large stern trawler)...... ;...... - ...... —-...... GC-86-0054 NWA *1 Lutten Klein (cargo/transport vessel)...... :...... :...... GC-86-0026 NWA 3 Rudolf Leonhard (large stern trawler)...... - ...... -... GC-86-0048 NWA *1 Willi Bredel (large stern trawler)...... _...... GC-86-0024 NWA *i Government of Japan: Shinmei Maru No. 78 (longline fishing vessel)...... — ...... JA-86-1569 ABS 1 Akashi Maru No. 18 (pair trawler)...... JA-86-0178 BSA 1 Akashi Maru No. 19 (pair trawler)...... «...... JA-86-1136 BSA 1 Akashi Maru No. 58 (pair trawler)'...... JA-86-0164 BSA 1 Akashi Maru No. 59 (pair trawler)...... JA-86-0165 BSA 1 Akashi Maru No. 63 (pair trawler)...... - ..... JA-86-0166 BSA 1 Akashi Maru No. 65 (pair trawler)...... - ...... - ...... JA-86-0167 BSA * Akashi Maru No. 66 (pair trawler)...... JA-86-0168 BSA 1 Akashi Maru No. 67 (pair trawler)______^...... — ....------...... JA-66-0169 BSA 1 Akashi Maru No. 68 (pair trawler)...... :...... JA-86-0170 BSA 1 Akashi Maru No. 69 (pair trawler)... _...... ' ' — ...... JA-86-0171 BSA 1 Akashi Maru No. 71 (pair trawler)...... ;...... JA-86-0172 BSA 1 Akashi Maru No. 72 (pair trawler)...... :...... - ...... JA-86-0173 BSA 1 Akashi Maru No. 73 (pair trawler)...... JA-86-0174 BSA 1 Akashi Maru No. 75 (pair trawler)...... _•...... - ...... JA-86-0175 BSA 1 Akashi Maru No. 76 (pair trawler)...... :...... - ...... '...... JA-86-0176 BSA 1 Akashi Maru No. 77 (pair trawler)...... JA-86-0177 BSA 1 Akashia Maru (cargo/transport vessel)...... :'J...... :...... — ;.... JA-86-1156 BSA, GOA, NWA, SNA 3 Akebono Maru No. 15 (medium stern trawler)...... !...... JA-86-0312 BSA *1 Akebono Maru No. 18 (medium stern trawler)...... JA-86-0315 BSA *1 FedergLRcgfetef / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices 48113

Nation, vessel name, and vessel type Application No. Akebono Maru No. 2 (medium stem trawler).... Akebono Maru No. 22 (medium stern trawler)...... JA-86-1154 BSA, GOA *1 Akebono Maru No. 27 (medium stem trawler)... .. JA-86-0317 BSA, GOA *1 Akebono Maru No. 32 (medium stern trawler)... .. JA-86-0308 BSA, GOA ; *1 Akebono Maru No. 72 (large stem trawler)...... JA-86-0307 BSA, GOA *1 Akebono Maru No. 1 (medium stem trawler)...... JA-86-0338 BSA, GOA V *1 Akiho Maru (pair trawler)...... JA-86-1153 BSA, GOA *1 Albatross (cargo/transport vessel)...... JA-86-0061 BSA 1 Anyo Maru No. 11 (medium stern trawler)...... JA-86-0081 BSA, GOA, NWA 3 Anyo Maru No. 17 (medium stern trawler)...... JA-86-0541’ BSA, GOA *1 Anyo Maru No. 18 (medium stem trawler)...... JA-86-0496 BSA, GOA *1 Aoba Maru (pair trawler)...... JA-86-1175 BSA, GOA *1 Aoyagi Maru (cargo/transport vessel)...... JA-86-0116 BSA 1 Asama Maru (cargo/transport vessel)...... JA-86-0026 BSA, GOA, NWA, SNA 3 Asuka Reefer (cargo/transport vessel)...... JA-86-0126 BSA, GOA, NWA, SNA 3 Banshu Maru No. 6 (large stern trawler)...... JA-86-0045 BSA, GOA, NWA, SNA 3 Banshu Maru No. 7 (large stern trawler)...... JA-86-0373 NWA 1 Bering Maru (cargo/transport vessel)...... JA-86-0374 NWA 1 Biyo Maru (cargo/transport vessel)...... JA-86-1159 BSA, GOA, NWA, SNA 3 Bizen Reefer (cargo/transport vessel)...... JA-86-0598 BSA, GOA, NWA, SNA WOC 3 Bungo Reefer (cargo/transport vessel)...... JA-86-0037 BSA, GOA, NWA, SNA 3 Cambridge Reefer (cargo/transport vessel)...... JA-86-0038 ■ BSA, GOA, NWA, SNA 3 Chikubu Maru (large stem trawler)...... JA-86-0036 BSA, GOA, NWA, SNA 3 Chitose Maru (cargo/transport vessel)...... JA-86-0336 BSA, GOA *1 Choyoh Maru (cargo/transport vessel)...... JA-86-0180 BSA, GOA, NWA, SNA 3 Daian Maru No. 188 (medium sterm Trawler...... JA-86-0574 BSA, GOA, NWA, SNA 3 Daigen Maru (cargo/transport vessel)...... JA-86-0553 BSA' *1 Daikan Maru (cargo/transport vessel)...... JA-86-1147 BSA, GOA, NWA 3 Daikoh Maru (cargo/transport vessel)...... JA-86-0033 BSA, GOA, NWA 3 Dairyo Maru (cargo/transport vessel)...... JA-86-0021 BSA, GOA, NWA 3 Daishin Maru. 12 (large stern trawler)...... JA-86-1002 BSA, GOA, NWA 3 Daishin Maru No. 28 (large stem trawler)...... JA-86-0285 NWA 1 Daisho Maru (cargo/transport vessel)...... JA-86-0569 BSA, GOA *1 Dejima Maru (pair trawler)...... JA-86-0035 BSA, GOA, NWA 3 Douglas (cargo/transport vessel)...... JA-86-1179 BSA 1 East Wind (cargo/transport vessel)...... JA-86-2028 BSA, GOA, NWA 3 Eastern Reefer (cargo/transport vessel)...... JA-86-0131 BSA, GOA, NWA, SNA 3 Ebisu Fontaine (cargo/transport vessel)...... JA-86-0600 BSA, GOA, NWA, SNA 3 Ebisu Maru No. 11 (Danish seiner)...... JA-86-0589 BSA, GOA, NWA 3 Ebisu Maru No. 5 (Danish seiner)...... JA-86-0042 BSA 1 Eiho Maru (cargo/transport vessel)...... JA-86-1183 BSA 1 Eikyu Maru No. 11 (Medium stem trawler)...... JA-86-1062 BSA, GOA, NWA, SNA 3 Eikyu Maru No. 2 (Medium stem trawler)...... JA-86-0300 BSA 1 Eikyu Maru No. 3 (Medium stern trawler)...... JA-86-0299 BSA 1 Eikyu Maru No. 81 (Medium stern trawler)...... JA-86-1174 BSA *1 Eiyo Maru (Pair trawler)...... JA-86-0082 BSA *1 Eiyo Maru (cargo/transport vessel)...... JA-86-0111 BSA 1 Ena Maru (cargo/transport vessel)...... JA-86-0109 BSA, GOA, NWA, SNA 3 Enyoh Maru (cargo/transport vessel)...... ", JA-86-0577 BSA, GOA, NWA 3 Etsuyoh (cargo/transport vessel)...... JA-86-0086 BSA, GOA, NWA, SNA 3 Falcon (cargo/transport vessel)...... JA-86-0089 BSA, GOA, NWA, SNA . 3 Fuji Maru No. 1 (Medium stern trawler)...... JA-86-0918 BSA, GOA, NWA 3 Fuji Reefer (cargo/transport vessel)...... JA-86-0255 BSA 1 Fujishio Maru (cargo/transport vessel)...... ■ JA-86-0908 BSA, GOA, NWA, SNA 3 Fukuyo Maru (pair trawler)...... JA-86-0594 BSA, GOA, NWA 3 Fukuyo Maru (cargo/transport vessel)...... JÄ-86-0113 BSA 1 Fukuypshi Maru No, 38...... JA-86-1025 BSA, GOA, NWA, SNA 3 Fuyo Maru (cargo/transoort vessel)...... JA-86-0304 BSA, GOA - *1 Hakko Boomerang (cargo/transport vessel).’.... . JA-86-0925 BSA, GOA, NWA, SNA 3 Makko Cardioid (cargo/transport vessel)...... ’..... JA-86-0881 BSA, GOA, NWA 3 Hakko Fontaine (cargo/transport vessel)...... JA-86-0882 BSA, GOA 3 Hakubasan Maru (cargo/transport vessel)...... JA-86-0587 BSA, Go a , NWA 3 Hakurei Maru (pair trawler)...... JA-86-1027 BSA, GOA, NWA, SNA 3 Hakuyo Maru (cargo/transport vessel)...... JA-86-0013 BSA 1 Hamanasu Maru (cargo/transport vessel)...... JA-86-0570 BSA, GOA, NWA. SNA 3 Hamansu (cargo/transport vessel)...... JA-86-0083 BSA, GOA, NWA, SNA 3 Haruna Maru (large stem trawler)...... JA-86-0133 BSA, GOA, NWA, SNA 3 Harushio Maru (cargb/transport vessel)...... JA-86-0350 BSA, GOA *1 . Hayatsuki Maru (cargo/transport vessel)...... JA-86-0582 BSA, GOA, NWA Heikyo Maru No. 35 (Danish seiner (stem chute)).. JA-86-1037 BSA, GOA, NWA, SNA Hideshima Maru (cargo/transport vessel)....f...... JA-86-0567 BSA Hikari Maru No. 8 (cargo/transport vessel)...... JA-86-0048 BSA, GOA, NWA Hirado Maru (pair trawler)...... JA-86-0142 BSA, GOA, NWA Hiyo Maru (cargo/transport vessel)....,...... JA-86-1180 BSA Hiyoshi Maru (cargo/transport vessel)...... JA-86-2025 BSA, GOA, NWA, SNA Hoken Maru No. 38 (medium stern trawler)...... JA-86-0075 BSA, GOA, NWA, SNA Hokkai Maru (cargo/transport vessel)...... JA-86-1164 BSA Hokkai Maru (pair trawler)...... JA-86-0922 BSA, GOA, NWA, SNA Hokko Maru No. 17 (Danish seiner)...... JA-86-0012 BSA Hoko Maru No. 31 (cargo/transport vessel)...... JA-86-0050 BSA Hokusei Maru (cargo/transport vessel)...... JA-86-1083 BSA, GOA, NWA, SNA Hokushin Maru (cargo/transport vessel)...... JA-86-0049 BSA, GOA, NWA Hokushin Maru (pair trawler)...... JA-86-0138 BSA, GOA, NWA, SNA Hokuto Maru (pair trawler)...... JA-86-0014 BSA Hoyo Maru (factory ship)...... JA-86-0015 BSA Iceland Rex (cargo/transport vessel)...... JA-86-0190 BSA Ikoma Maru (cargo/transport vessel)...... JA-86-0072 BSA, GOA, NWA Ishikari Maru (cargo/transport vessel)...... JA-86-0127 BSA, GOA, NWA, SNA Isokaze Maru (cargo/transport vessel)...... JA-86-0595 BSA, GOA, NWA, SNA Izumo Reefer (cargo/transport vessel)...... JA-86-1038 BSA, GOA, NWA, SNA James (cargo/transport vessel)...... JA-86-0053 BSA, GOA, NWA, SNA Jinyo-Maru (cargo/transport vessel)...... JA-86-0584 BSA, GOA, NWA Junyo Maru (pair trawler)...... JA-86-1132 BSA, GOA, NWA, SNA Kaiko Maru No. 8 (Danish seiner, stem chute)...... JA-86-0065 BSA JA-86-1560 BSA 48114 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices

Nation, vessel name, and vessel type Application No. Fishery Activity

Kaiun Maru No. 62 (Danish seiner)...... JA-86-1482 BSA 1 Kaiun Maru No. 78 (Danish seiner)...... JA-86-0092 BSA 1 3 Kaiyo Maru (cargo/transport vessel)...... - .... JA-86-0088 BSA, GOA, NWA, SNA, WOC Kaiyo Maru No. 11 (medium stem trawler)...... i...... JA-86-0313 BSA, GOA *1 Kakudai Maru No. 25 (medium stern trawler)...... JA-86-0254 BSA 1 Kakuyo Maru No. 1 (pair trawler)...... JA-86-0210 BSA 1 Kakuyo Maru No. 11 (pair trawler)...... JA-86-2008 BSA 1 Kakuyo Maru No. 12 (pair trawler)...... JA-86-2009 BSA 1 Kakuyo Maru No. 2 (pair trawler)...... JA-86-0211 BSA 1 Kakuyo Maru No. 3 (pair trawler)...... JA-86-0212 BSA 1 Kakuyo Maru No. 5 (pair trawler)...... JA-86-0213 BSA 1 Kakuyo Maru No. 7 (pair trawler)...... — .... JA-86-0214 BSA 1 1 Kakuyo Maru No. 8 (pair trawler)...... JA-86-0215 BSA Kashima Maru (factory ship)...... - .... JA-86-0001 BSA, GOA, NWA, SNA 2 Kashima Reefer (cargo/transport vessel)— ...... JA-86-0054 BSA, GOA, NWA, SNA 3 Kashiwagi Maru (cargo/transport vessel)...... JA-86-0019 BSA, GOA, NWA 3 3 Kashiwahana Maru No. 1 (cargo/transport vessel)...... JA-86-0884 BSA, GOA, NWA, SNA Kasuga Maru (cargo/transport vessel)...... JA-86-0181 BSA, GOA, NWA, SNA 3 Kasuga Reefer (cargo/transport vessel)...... JA-86-0055 BSA, GOA, NWA, SNA 3 Katori Maru (pair trawler)...... - .... JA-86-0114 BSA 1 Katsuki Maru (pair trawler)...... — ... JA-86-0115 BSA 1 1 Katsuyama Maru (pair trawler)...... — .... JA-86-0833 BSA 3 Kazu Maru No. 8 (cargo/transport vessel)...... JA-r86-0143 BSA, GOA, NWA Keifu Maru (cargo/transport vessel)...... JA-86-0572 BSA, GOA, NWA, SNA, WOC 3 Keiyo Maru (cargo/transport vessel)...... —.... JA-86-0102 BSA, GOA, NWA, SNA, WOC 3 Kendrick (cargo/transport vessel)...... JA-86-0912 BSA, GOA, NWA 3 Khalij Cooler (cargo/transport vessel)...... - ...... — .. JA-86-0069 BSA, GOA, NWA 3 Khalij Freezer (cargo/transport vessel)...... JA-86-0058 BSA, GOA, NWA 3 Khalij Frost (cargo/transport vessel)...-...... — JA-86-0068 BSA, GOA, NWA 3 Khalij Reefer (cargo/transport vessel)...... — ...... JA-86-0059 BSA, GOA, NWA 3 Kinyo Maru (cargo/transport vessel)...... JA-86-0103 BSA, GOA, NWA, SNA 3 Kisaragi Maru (cargo/transport vessel)...... JA-86-0929 BSA, GOA, NWA 3 Kishin Maru (cargo/transport vessel)...... JA-86-1165 BSA, GOA, NWA SNA 3 Kiyo Maru (cargo/transport vessel)...... - ...... JA-86-1026 BSA, GOA, NWA, SNA 3 Koei, Maru No. 78 (longline fishing vessel)...... JA-86-1564 ABS , 1 Kohfu Maru (cargo/transport vessel)...... - ...... ------. JA-86-0641 BSA, GOA, NWA, SNA WOC 3 Kohoku Maru No. 18 (side trawler)...... JA-86-0839 BSA. GOA, SNA 1,3 Kohsho Maru (cargo/transport vessel)...... JA-86-0579 BSA, GOA NWA 3 Komei Maru (cargo/transport vessel)...... - ...... — .JA-86-0139 BSA, GOA, NWA, SNA 3 Komeshima Maru (cargo/transport vessel)...... JA-86-2021 BSA, GOA, NWA 3 Kongo Maru (large stern trawler)...... JA-86-0341 BSA, GOA *1 Koroy Maru No. 15(longline fishing vessel)...... JA-86-1469 ABS 1 Koshin Maru No. 11 (medium stern trawler) - ...... JA-86-0303 BSA, GOA *1 Koshin Maru No. 38 (longline fishing vessel)...... JA-86-1494 ABS 1 Kotoku Maru (cargo/transport vessel)...... — . JA-86-1035 BSA, GOA, NWA, SNA 3 Kotoshiro Maru No. 11 (longline fishing vessel)...... JA-86-1339 ABS 1 Koyo Maru (large stem trawler)...... JA-86-0365 NWA *1 Koyo Maru (pair trawler)...... _...... -... . JA-86-0112 BSA 1 Koyo Maru No. 3 (large stern trawler)...... JA-86-0343 BSA, GOA 1 Kunashiri (cargo/transport vessel)...... -... . JA-86-1151 BSA, GOA, NWA, SNA 3 Kunisaki (cargo/transport vessel)...... JA-86-0899 BSA, GOA, NWA 3 Kurashima Maru (cargo/transport vessel)...... JA-86-2027 BSA, GOA. NWA 3 Kureha Maru (pair trawler)...... JA-86-0011 BSA 1 Kyoho Maru (Cargo/transport vessel)...... :...... JA-86-1034 BSA, GOA 3 Kyoho Maru (pair trawler)...... JA-86-1034 BSA, GOA 3 Kyokushin Maru (cargo/transport vessel)...... - ...... JA-86-1161 BSA, GOA, NWA, SNA 3 Levante (cargo/transport vessel)...... JA-86-0141 BSA, GOA, NWA 3 Mabah (cargo/transport vessel)...... JA-86-0108 BSA, GOA, NWA, SNA 3 Marine Ace (cargo/transport vessel)...... - ...... JA-86-0002 BSA, GOA, NWA. SNA 3 Marine Fellow (cargo/transport vessel)...... JA-86-0003 BSA, GOA, NWA, SNA 3 Matsukaze Maru (cargo/transport vessel)...... — ...... JA-86-1045 BSA, GOA, NWA, SNA 3 Matsushima Maru (cargo/transport vessel)...... JA-86-0920 BSA, GOA, NWA 3 Matsuyama Maru (pair trawler)...... JA-86-1157 BSA 1 Meiyo-Maru (cargo/transport vessel)...... JA-86-1133 BSA, GOA, NWA, SNA 3 Mikami Maru (large stem trawler)...... r...... - ...... JA-86-0368 NWA 1 Mineshima Maru (factory ship)...... :.. .. JA-86-0080 BSA 2 Mitus Maru No. 51 (Danish seiner, stern chute)...... JA-86-1559 BSA 1 Miyashima Maru (cargo/transport vessel)...... — ...... JA-86-0919 BSA, GOA, NWA 3 Miyoshima Maru (cargo/transport vessel)...... JA-86-0025 BSA, GOA, NWA, SNA 3 Mizuho Maru (cargo/transport vessel)...... — «...— ...... JA-86-0060 BSA 1 Mizuho Reefer (cargo/transport vessel)...... JA-86-0016 BSA, GOA, NWA, SNA 3 Mutsu MaruNo. 52 (medium stern trawler)...... - ...... JA-86-0251 BSA 1 Nanshin Maru (cargo/transport vessel)...... - ...... JA-86-0057 BSA, GOA, NWA, SNA 3 Nichiyo Maru (cargo/transport vessel)...... JA-86-1167 BSA, GOA, NWA. SNA 3 Nihonkai Maru (medium stern trawler)...... JA-86-0369 NWA 1 Niitaka Maru (large stern trawler)...... JA-86-0289 BSA, GOA, NWA 1 Nikka Maru (cargo/transport vessel)...... JA-86-0927 BSA, GOA, NWA, SNA 3 Nikko Maru (cargo/transport vessel)...... JA-86-1077 BSA, GOA, NWA, SNA 3 Nipponham Maru No. 1 (cargo/transport vessel)...... - ...... JA-86-1082 BSA. GOA, NWA, SNA 3 Nishiyama Maru (pair trawler)...... - — - ...... JA-86-0836 BSA 1 Nissei Maru (cargo/transport vessel)...... »...... JA-86-0914 BSA, GOA, NWA, SNA 3 Nisshin Maru No. 2 (facto'ry ship)...... - ...... JA-86-0140 BSA 2 Nitto Maru No. 35 (pair trawler)...... - .. JA-86-0220 BSA 1 Nitto Maru No. 36 (pair trawler)...... JA-86-0221 BSA 1 Nojima Maru (cargo/transport vessel)...... JA-86y-1096 BSA, GOA, NWA, SNA 3 North Wind (cargo/transport vessel)...... - ...... JA-86-0135 BSA, GOA, NWA, SNA 3 Ohtori Maru (large stern trawler)...... - ... JA-86-0342 BSA, GOA *1 Okushiri (cargo/transport vessel)...... JA-86-0580 BSA, GOA, NWA, SNA 3 Orion (cargo/transport vessel)...... - ...... - ...... JA-86-0591 BSA, GOA, NWA, 3 Osaka Reefer (cargo/transport vessel)...... JA-86-2011 BSA, GOA. NWA, SNA 3 Otoha Maru (pair trawler)...... - ...... JA-86-0010 BSA 1 Paloma (cargo/transport vessel)...... - ...... JA-86-0098 BSA, GOA, NWA, - 3 Phoenix (cargo/transport vessel)...... — ...... — ... JA-86-0917 BSA, GOA, NWA, 3 Punente (cargo/transport vessel)...... 1 JA-86-0132 BSA, GOA, NWA, 3 Federal Register / Vol, 50, No. 225 / Thursday, November 21, 1985 / Notices

______Nation, vessel name, and vessel type Fishery Activity Rakuyo Maru (pair trawler)...... Reefer Badger (cargo/transport vessel)...... ‘Z Z Z Z Z Z Z ... JA-86-0063 BSA 1 Rikuzen Maru (large stern trawler)...... JA-86-0144 BSA, GOA, NWA, 3 Rishiri (cargo/transport vessel)...... ™ ZZZZ! .ZZZ ...... JA-86-0340 BSA, GOA *1 Ryoyo Maru (cargo/transport vessel)...... Z . Z Z Z . ' ...... JA-86-0027 BSA, GOA, NWA, SNA 3 Ryusei Maru (cargo/transport vessel)...... 77777L.7.777.77"...... JA-86-1024 BSA, GOA, NWA, SNA 3 Ryusei Maru (cargo/transport vessel)...... JA-86-0626 BSA, GOA, NWA, SNA 3 Ryusho Maru (cargo/transport vessel) ... JA-86-0083 BSA, GOA, NWA, SNA 3 Ryuyo Maru (large stem trawler)...... ZZZZZZZZZ" ...... JA-86-0627 BSA, GOA, NWA, SNA 3 ... JA-86-0280 Sachishio Maru (cargo/transport vessel)...... BSA, GOA *1 Sanuki Maru (cargo/transport vessel)...... • ...... JA-86-0097 BSA, GOA, NWA 3 Sanwa Fontaine (cargo/transport vessel)...... ’. ... JA-86-0915 BSA, GOA, NWA 3 ... JA-86-0590 Sapporo Maru (cargo/transport vessel)...... "" ZZZZZ!" ...... BSA, GOA, NWA 3 Seagull (cargo/transport vessel)...... ||KJ ... JA-86-0585 BSA, GOA, NWA, SNA 3 Seiho Maru No. 15 (Danish seiner)...... JA-86-0034 BSA, GOA, NWA 3 Seiyoh Maru (cargo/transport vessel)...... Z Z Z Z Z Z Z Z Z " " " * ...... JA-86-0043 BSA Seki Rex (cargo/transport vessel)...... !Z'Z ...... JA-86-0583 BSA, GOA, NWA, SNA 3 Shidaka Maru (cargo/transport vessel)...... Z Z Z Z Z Z Z Z Z ...... JA-86-1148 BSA, GOA, NWA, SNA WOC 3 Shiga Maru (cargo/transport vessel)...;...... JA-86-0179 BSA, GOA, NWA, SNA 3 Shikishima Mura (factory ship)...... ZZZZZZZZZ ...... JA-86-1012 BSA, GOA, NWA 3 Shinasahi Maru (cargo/transport vessel)...... JA-86-0030 BSA Shinbungo Maru (cargo/transport vessel)...... ZZZZZZZZ" ...... JA-86-0578 BSA, GOA, NWA, SNA 3 Shinmei Maru No. 18 (longline fishing vessel)...... JA-86-0047 BSA, GOA, NWA 3 Shinnichi Maru No. 38 (medium stern trawler)...... JA-86-1481 ABS Shinryu Maru No. 18 (cargo/transport vessel)...... JA-86-0563 BSA, Shinryu Maru No. 38 (cargo/transport vessel)...... JA-86-0906 BSA, GOA, NWA, SNA 3 Shinsei Maru (cargo/transport vessel)...... Z Z Z Z Z Z Z Z Z ! ; ...... JA-86-0905 BSA, GOA, NWA, SNA 3 Shinsho Maru (cargo/transport vessel)...... JA-86-0890 BSA, GOA, NWA 3 Shintakara Maru (cargo/transport vessel)...... JA-86-0640 BSA, GOA, NWA, SNA Shinwa Maru (cargo/transport vessel)...... JA-86-0046 BSA, GOA, NWA 3 Shinyo Maru (cargo/transport vessel)...... ;.....ZZZZZZZZZZZ Z .. JA-86-0137 BSA, GOA, NWA, SNA 3 Shoei Maru No. 1 (longline fishing vessel)...... '...... JA-86-0Ö74 BSA, GOA, NWA, SNA WOC 3 Shoju Maru (cargo/transport vessel)...... JA-86-1570 ABS Shoken Maru (cargo/transport vessel)...... JA-86-0134 BSA, GOA, NWA, SNA - 3 Shosei Maru No. 30 (Danish seiner)...... j...... JA-86-0930 BSA, GOA, NWA, SNA 3 Shoshin Maru No. 82 (longline fishing vessel)...... JA-86-0556 BSA Shoshin Maru No. 83 (longline fishing vesse l)...... JA-86-13Ö8 ABS Shoutoku Maru (cargo/transport vessel)...... ZZZZZZZZZ! . JA-86-1308 ABS Shoyo Maru (B) (cargo/transport vessel)...™...... JA-86-0028 BSA, GOA, NWA, SNA 3 . JA-86-1563 Shunyo Maru (cargo/transport vessel)...... ZZZZZZZZZ!!!! ...... BSA, GOA, NWA, SNA 3 Shunyoo Maru No. 118 (medium stern trawler)...... _.ZZZ...ZZ;. . JA-86-0136 BSA, GOA, NWA. SNA ... Q Shuyo Maru (pair trawler)...... JA-86-0564 BSA M Shuyo Maru (cargo/transport vessel)...... '.... . JA-86-0110 BSA : Singapore Fontaine (cargo/transport vessel)...... '...... JA-86-1028 BSA, GOA, NWA, SNA . 3 Sky Reefer (cargo/transport vessel)...... ZZZZZZZ ...... JA-86-0586 BSA, GOA, NWA Skylark (cargo/transport vessel)...... ZZ.ZZ JA-86-0907 BSA, GOA, NWA, SNA 3 • Southern Reefer (cargo/transport vessel) JA-86-0023 BSA, GOA, NWA 3 Soyo Maru (factory ship)...... JA-86-0145 BSA, GOA, NWA Soyokaze Maru (cargo/transport vessel) JA-86-0240 BSA . . 2 Starling (cargo/transport vessel)...... JA-86-1040 BSA, GOA, NWA, SNA 3 Stevens (cargo/transport vessel)...... ZZZZZZZ ...... JA-86-0024 BSA, GOA, NWA 3 Suiyo Maru (cargo/transport vessel)...... Z Z Z Z Z Z Z Z Z ! " ...... JA-86-0022 BSA, GOA, NWA 3 ’ Sumi Maru No. 18 (longline fishing vessel)...... JA-86-0575 BSA, GOA, NWA, SNA, WOC 3 Sun Beauty No. 18 (cargo/transport)...... JA-86-1491 ABS 1 Sun Field (cargo/transport vessel)...... Z Z Z Z Z Z Z Z Z ...... JA-86-0129 BSA, GOA, NWA, SNA Sun Happiness (cargo/transport vessel).. JA-86-0130 BSA, GOA, NWA, SNA 3 Sunbird (cargo/transport vessel) . JA-86-0891 BSA, GOA, NWA, SNA v 3 Suoh (cargo/transport vessel)...... Z Z Z Z Z Z Z ...... JA-86-0576 BSA, GOA, NWA 3 Suruga Maru (cargo/transport vessel). JA-86-0893 BSA, GOA, NWA, SNA 3 Suzuka Maru (large stem trawler)...... Z Z Z Z Z Z Z ...... JA-86-2014 BSA, GOA, NWA, SNA 3 Suzukaze Maru (cargo/transport vessel)...... Z Z Z Z Z Z Z .! ! ! ! ...... JA-86-0363 NWA Suzuran (cargo/transport vessel)...... JA-86-1058 BSA, GOA. NWA, SNA 3 Suzuran Maru (cargo/transport vessel) JA-86-0128 BSA, GOA, NWA, SNA 3 Swallow (cargo/transport vessel)...... Z Z Z Z Z Z Z Z Z ! ! ...... JA-86-1152 BSA, GOA, NWA, SNA 3 Syunyo Maru (pair trawler)...... !!!Z!Z!...... JA-86-0032 BSA, GOA, NWA 3 Taisei Maru No. 101 (cargo/transport vessel)...... Z Z Z ...... JA-86-0062 BSA 1 Taisei Maru No. 3 (cargo/transport vessel)...... ! Z Z Z Z ! JA-86-1144 BSA, GOA, NWA, SNA 3 Taisei Maru No. 52 (cargo/transport vessel)...... Z Z Z Z Z Z Z ! ...... JA-86-0085 BSA, GOA, NWA, SNA 3 Taisei Maru No. 87 (cargo/transport vessel)...... !ZZZZZ JA-86-1055 BSA, GOA, NWA, SNA 3 Taisei Maru No. 98 (cargo/transport vessel)...... "ZZ JA-86-1053 BSA, GOA, NWA, SNA 3 Taiyo Maru No. 83 (medium stem trawler)...... JA-86-1054 BSA, GOA, NWA, SNA 3 Takachiho Maru (large stern trawler)...... Vl JA-86-0380 NWA Takatsuki Maru (cargo/transport vessel)...... JA-86-0291 BSA, GOA * 1 Takeshima Maru (cargo/transport vessel)...... JA-86-2022 BSA, GOA, NWA, SNA 3 Takuyo (cargo/transport vessel)...... JA-86-0921 BSA, GOA, NWA 3 Tateyama Maru (pair trawler)...... JA-86-0029^ BSA, GOA, NWA, SNA 3 Tenkai Maru (tanker fuel/water) JA-86-0835 BSA Tenshun Maru (tanker fuel/water) JA-86-0894 BSA, GOA, SNA 3 Tenyo Maru (large stern trawler)...... Z Z Z Z Z Z Z Z Z ! ! ! ! ! ...... JA-86-0182 BSA, GOA, SNA 3 Tenyo Maru No. 2 (large stem trawler)...... Z Z Z Z Z Z Z Z Z Z Z ! JA-86-0352 BSA, GOA Tenyo Maru No. 3 (large stern trawler)...... Z 7 JA-86-0332 BSA, GOA Tenyo Maru No. 5 (large stem trawler)...... ZZZZ!! ...... JA-86-0333 BSA, GOA Tenyu Maru No. 28 (Danish Seiner (Stern Chute)) JA-86-0334 BSA, GOA 11 Teshio Maru (large stern trawler)..... JA-86-1483 BSA Tokachi Maru (large stern trawler)...... ZZZZZZZZZ ...... JA-86-1169 NWA Tokachi Maru (cargo/transport vessel)...... ZZZZZZZZZZZ ...... JA-86-0360 NWA Tokachi Maru (B) (cargo/transport vessel)...... SP-86-359 BSA, GOA, NWA, SNA 3 Tokiwa Maru (cargo/transport vessel)...... Z Z Z Z Z Z Z Z Z Z Z ! JA-86-0359 BSA, GOA, NWA, SNA 3 Tokuko Maru (cargo/transport vessel)...... * JA-86-0631 BSA, GOA, NWA, SNA Tokuryu Maru (cargo/transport vessel)...... ZZZZZZZZ! ...... JA-86-0593 3SA, GOA, NWA 3 Tokyo Reefer (cargo/transport vessel)...... Z Z Z Z Z Z Z Z Z Z Z ...... JA-86-0592 BSA, GOA, NWA 3 Tomi Maru No. 83 (medium stern trawler)...... JA-86-1135 BSA, GOA, NWA, SNA,- WOC 3 Tomi Maru No. 85 (medium stern trawler)...... JA-86-1170 3SA. GOA Tora Maru No. 31 (medium stern trawler)...... JA-86-0282 3SA, GOA JA-86-0422 BSA l 48116 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices

Nation, vessel name, and vessel type Application No. Fishery Activity

JA-86-1071 BSA. GOA, NWA, SNA 3 JA-86-0056 BSA, GOA, NWA, SNA 3 JA-86-0123 BSA 1 JA-86-0073 BSA, GOA, NWA 3 JA-86-0337 BSA, GOA * 1 JA-86-0630 BSA, GOA. NWA SNA 3 JA-86-0071 BSA 1 JA-86-1104 BSA, GOA, NWA SNA 3 JA-86-1032 BSA, GOA. NWA SNA 3 JA-86-0117 BSA 1 JA-86-1150 BSA, GOA, NWA 3 JA-86-0122 BSA 1 JA-86-0064 BSA 1 JA-86-0599 BSA, GOA, NWA SNA 3 JA-86-0084 BSA, GOA, NWA 3 JA-86-0588 BSA, GOA, NWA 3 JA-86-0581 BSA, GOA, NWA SNA 3 JA-86-0339 BSA, GOA * 1 JA-86-0052 BSA, GOA, NWA SNA 3 JA-86-0070 BSA 1 JA-86-0018 BSA. GOA, NWA SNA 3 JA-86-0076 BSA, GOA, NWA SNA 3 JA-86-0087 BSA. GOA, NWA SNA 3 JA-86-0031 BSA, GOA, NWA SNA 3 JA-86-0039 BSA, GOA, NWA SNA 3 JA-86-0201 BSA 1 JA-86-0005 BSA, GOA, NWA SNA 3 JA-86-0361 NWA * 1 JA-86-0253 BSA 1 JA-86-0565 BSA * 1 JA-86-0335 BSA. GOA * 1 JA-86-0351 BSA, GOA * 1 JA-86-0331 BSA, GOA * 1 Government of The Republic of Korea: KS-86-3060 PBS 1 KS-86-3077 PBS 1 KS-86-3078 PBS 1 KS-86-3068 PBS 1 KS-86-3055 PBS 1 KS-86-3067 PBS 1 KS-86-3059 PBS 1 KS-86-3041 PBS 1 KS-86-3071 PBS 1 KS-86-3072 PBS 1 KS-86-3073 PBS 1 KS-86-3074 PBS 1 KS-86-3043 PBS 1 KS-86-3033 PBS 1 KS-86-3044 PBS 1 KS-86-3064 PBS 1 KS-86-3051 PBS 1 KS-86-3052 PBS 1 KS-86-3053 PBS 1 KS-86-3035 PBS 1 KS-86-3079 PBS 1 KS-86-3076 PBS 1 KS-86-3069 PBS 1 KS-86-3045 PBS 1 KS-86-3046 PBS 1 KS-86-3047 PBS 1 KS-86-3065 PBS 1 KS-86-3007 PBS 1 KS-86-3061 PBS 1 KS-86-3036 PBS 1 KS-86-3062 PBS 1 KS-86-3063 PBS 1 KS-86-3066 PBS 1 KS-86-3075 PBS 1 KS-86-3070 PBS 1 KS-86-3048 PBS 1 KS-86-3054 PBS 1 KS-86-3049 PBS f KS-86-3050 PBS 1 Government of the Polish People’s Republic: PL-86-0046 BSA, GOA WOC *1 PL-86-0037 BSA, GOA WOC *1 PL-86-0106 BSA, GOA, NWA WOC 3 PL-86-0103 BSA, GOA WOC *1 PL-86-0097 BSA, GOA WOC *1 PL-86-0060 BSA, GOA WOC *1 PL-86-0085 BSA, GOA WOC *1 PL-86-0099 BSA, GOA WOC *1 PL-86-0065 BSA, GOA WOC *1 PL-86-0091 BSA, GOA, NWA WOC 3 PL-86-0008 BSA, GOA WOC *1 PL-86-0090 BSA, GOA, NWA WOC 3 PL-86-0048 BSA, GOA WOC *1 PL-86-0007 BSA, GOA WOC *1 PL-86-0019 BSA, GOA WOC *1 PL-86-0094 BSA. GOA WOC *1 PL-86-0039 BSA. GOA WOC *1 PL-86-0087 BSA, GOA, NWA WOC 3 PL-86-0027 BSA, GOA, NWA WOC 3 Kdias (larae stern trawler)...... PL-86-0050 BSA, GOA WOC *1 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices 4 8117

Nation, vessel name, and vessel type Application No. Fishery Activity

Manta (large stern trawler)...... Marlin (large stern trawler)...... Mazury (cargo/transport vessel)...... BSA, GOA, NWA WOC Mors (large stern trawler)...... Mustel (large stern trawler)...... Orcyn (larqe stem trawler)...... Orlen (large stern trawler)...... Otol (large stem trawler)...... Parma (large stern trawler)...... Perseus (large stern trawler)...... Plock (cargo/transport vessel)...... Pollux (large stern trawler)...... Prof. Bogucki (large stem trawler)...... *...... Regulus (large stern trawler)...... Rekin (large stern trawler)...... Sagitta (large stern trawler)...... Sirius (large stern trawler)...... Tazar (large stern trawler).*...... Tunek (large stern trawler)...,...... Vega (large stem trawler)...... Walen (large stern trawler)...... Wineta (cargo/transport vessel)...... Wloczink (large stem trawler)...... Zulawy (cargo/transport vessel)...... Zyrardow (cargo/transport vessel)...... Government of Spain: Ana Maria Gandon (medium stem trawfer)...... SP-86-0057 Ancora D'ouro (medium stern trawler)...... SP-86-1989 Andes (medium stem trawler)...... SP-86-0117 Anguiacho (medium stern trawler)...... Area Cova (side trawler)...... NWA Axexo (side trawler)...... Beiramar Dos (small stem trawler)...... Campa De Torres (medium stern trawler)...... SP-86-0178 Canton De Cora (medium stem trawler)...... SP-86-0030 Capitan Emilio (side trawler)...... Capitan Jorge Segundo (side trawler)...... SP-86-0069 Chicha Touza (medium stern trawler)...... SP-86-0025 Codeside (medium stem trawler)...... Conbarcya II (medium stem trawler)...... Conbaroya III (medium stern trawler)...... Congelamar Primero (medium stern trawler)...... SP-86-0174 Congelamar Segundo (medium stern trawler)...... SP-86-0173 Costa De Normandia (medium stern trawler)...... SP-86-0054 Cruna (medium stem trawler)...... Cudillero (medium stem trawler)...... Egunsentia (medium stern trawler)...... Farpesca IV (medium stem trawler)...... Frangana (medium stern trawler)...... Isla Alegranza (medium stern trawler)...... Isla Graciosa (medium stern trawler)...... Isla Montana Clara (medium stern trawler)...... SP-86-1028 Izarra (medium stern trawler)...... Lax Dos Picos (medium stern trawler)...... Madroa (small stern trawler)...... Manuel Nores (medium stem trawler)...... 1 Maposa Curato (medium stern trawler)...... Maposa Octavo (medium stern trawler)...... SP-86-0163 Maposa Primero (side trawler)...... Maposa Quinto (medium stem trawler)...... Maposa Segundo (side trawler)...... Maposa Septimo (medium stem trawler)...... * Maposa Sexto (side trawler)...... * Maposa Tercero (medium stern trawler)...... * Maria Eugenia G (medium stem trawler)...... * Maria Teresa Rodiguez (medium stem trawler)...... SP-86-1067 Mayi Cuatro (medium stern trawler)...... Moradina (small stern trawler)...... Mouta (medium stern trawler)...... Navijosa Noveno (medium stem trawler)...... SP-86-0168 Navijosa Octavo (medium stern trawler)...... SP-86-0160 Navijosa Quinto (side trawler)...... Navijosa Sexto (side trawler)...... Navijosa VII (side trawler)...... Nuska (medium stern trawler)...... Orballo (medium stem trawler)...... Pegago Cuarto (side trawler)...... 1 Pegago Segundo (side trawler)...... Pegago Tercero (medium stem trawler)...... SP-86-0070 Peixino (medium stern trawler)...... Perea (medium stern trawler)...... Pescamaro UNO (medium stem trawler)...... SP-86-0034 Pescapuerta Terceo (medium stern trawler)...... SP-86-0020 Pescapureta Segundo (large stern trawler)...... SP-86-0112 Pineiro Correa (medium stem trawler)...... SP-86-0066 : 1 Pinzon Primero (medium stem trawler)...... SP-86-0172 Playa De Cadiz (medium stern trawler)...... SP-86-0136 1 Playa De Menduina (small stern trawler)...... SP-86-0137 Playa De Mogor (medium stern trawler)...... SP-86-0021 1 Playa De Pesmar (medium stern trawler)...... SP-86-0113 Puente De Gondomar (medium stern trawler)...... SP-86-0077 Puente Lourido (medium stern trawler)...... SP-86-0109 Puente Minor (medium stern trawler)...... SP-86-0023 Puente Toralla (small stern trawler)...... SP-85-0052 NWA 48118 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices

Nation, vessel name, and vessel type Application No. Fishery Activity

Punta De Robaleira (small stem trawler)...... SP-86-0148 NWA 1 Ria Depontevedra (large stern trawler)...... SP-86-0076 NWA 1 Rio Verdugo (medium stern trawler)...... SP-86-0065 NWA 1 Suemar Uno (medium stem trawler)...... SP-85-0059 NWA 1 Tasarte (medium stern trawler)...... SP-86-0014 NWA 1 Teucro (medium stern trawler)...... SP-86-0101 NWA 1 Tito Marquez (medium stern trawler)...... SP-86-0038 NWA 1 Toralla (medium stem trawler)...... SP-86-0016 NWA 1 Ur Ertza (medium stem trawler)...... SP-86-0110 NWA 1 Vilachan(medium stern trawler)...... SP-86-0078 NWA 1 Villa Ana (side trawler)...... SP-86-0145 NWA 1 Villa De Marin (medium stem trawler)...... SP-86-0051 NWA 1 Vixiador (medium stem trawler)...... SP-86-0039 NWA 1 Xeitosino (medium stem trawler)...... SP-86-0022 NWA 1 Zamanes (side trawler)...... SP-86-0053 NWA 1

[FR Doc. 85-27724 Filed 11-20-85; 8:45 am] DEPARTMENT OF DEFENSE DEPARTMENT OF EDUCATION BILLING CODE 3510-22-M Department of the Navy Desegregation of Public Education Program * Chief of Naval Operations, Executive Panel Advisory Committee, Pacific ag en cy: Department of Education. National Technical Information Basin Task Force; Closed Meeting action: Application Notice for Service Noncompeting Continuation Projects for Pursuant to the provisions of the Fiscal Year 1986. Intent To Grant Exclusive Patent Federal Advisory Committee Act (5 License; Beckman Instruments, Inc. U.S.C. app.), notice is hereby given that summary: Applications are invited for the Chief of Naval Operations (CNO) noncompeting continuation projects Executive Panel Advisory Committee under the Desegregation Assistance The National Technical Information Pacific Basin Task Force will meet Center (DAC) program for race, sex, and Service (NTIS), U.S. Department of December 10-11,1985; from 9 a.m. to 5 national origin desegregation assistance Commerce, intends to grant to Beckman p.m. each day, at 4401 Ford Avenue, under section 403 of the Civil Rights Act Instruments, Inc., having a place of Alexandria, Virginia. All sessions will of 1964. business at 2500 Harbor Boulevard, Box be closed to the public.; Authority for this program is 3100, Fullerton, California 92634, an The purpose of this meeting is to contained in Title IV of the Civil Rights exclusive right in the United States and examine the broad policy issues related Act of 1964. (42 U.S.C. 2000c-2000c-5). certain foreign countries to manufacture, to maritime aspects in the Pacific. The The program issues awards to DACs. use, and sell products embodied in the entire agenda for the meeting will The purpose of the awards is to invention entitled “Method and consist of discussions of key issues provide technical assistance, training, Apparatus for Sequential related to United States national and advisory services to school districts Fractionation,” U.S. Patent Application security interests and naval strategies in in coping with the special educational Serial Number 6-724,033. The patent the Pacific and related intelligence. problems caused by the desegregation of rights in this invention will be assigned These matters constitute classified their schools based on race, sex, or to the United States of America, as information that is specifically national origin. represented by the Secretary of authorized by Executive order to be kept Closing Date For Transmittal o f Commerce. secret in the interest of national defense Applications: To be assured of The proposed exclusive license will and is, in fact, properly classified consideration for funding, applicants for be royalty-bearing and will comply with pursuant to such Executive order. noncompeting continuation awards the terms and conditions of 35 U.S.C. 209 Accordingly, the Secretary of the Navy should mail or hand deliver their and 37 CFR 404.9. The proposed license has determined in writing that the public applications on or before January 9, may be granted unless, within sixty interest requires that all sessions of the 1986. days from the date of this published meeting be clsed to the public because If an application is late, the Notice, NTIS receives written evidence they will be concerned with matters Department of Education may lack and argument which establishes that the listed in section 552b(c) (1) of title 5, sufficient time to review it with other grant of the proposed license would not United States Code. applications for noncompeting serve the public interest. For further information concerning continuation awards and may decline to accept it. Inquiries, comments and other this meeting, contact Lieutenant Paul G. materials relating to the proposed Butler, Executive Secretary of the CNO Applications Delivered by M ail: An application sent by mail must be license must be submitted to the Office Executive Panel Advisory Committee; 4401 Ford Avenue, Room 928, addressed to the U.S. Department of of Federal Patent Licensing, NTIS, Box Alexandria, Virginia 22302-0268. Phone Education, Application Control Center, 1423, Springfield, VA 22151 to the (703) 756-1205. Washington, D.C. 20202. Applications attention of Robert P. Auber. Dated: November 18,1985. for the DAC program should be marked Douglas J. Campion, Attention: 84.004C. William F. Roos, Jr., Office o f Federal Patent Licensing, An applicant must show proof of Department o f Commerce, National Technical Lieutenant, JAGC, U.S. Naval Reserve; mailing consisting of one of the Information Service. Federal Register Liaison Officer. following: [FR Doc. 85-27763 Filed 11-20-85; 8:45 am] [FR Doc. 85-27795 Filed 11-20-85; 8:45 am] (1) A legibly dated U.S. Postal Service BILLING CODE 3510-04-M BILLING CODE 3810-AE-M postmark. Federal Register / Vol 50, No. 225 / Thursday, November 21, 1985 / Notices 48119

(2) A legible mail receipt with the date own process for review and comment on The Secretary, U.S. Department of of mailing stamped by the U.S. Postal proposed Federal financial assistance; Education, Room 4181, (84.004C) 400 Service. • Increases Federal responsiveness to Maryland Avenue, SW., Washington, (3) A dated shipping label, invoice, or State and local officials by requiring D.C. 20202. (Proof of mailing will be receipt from a commercial carrier. Federal agencies to accommodate State determined on the same basis as (4) Any other proof of mailing and local views or explain why those applications.) acceptable to the U.S. Secretary of views will not be accommodated; and PLEASE NOTE THAT THE ABOVE Education. • Revokes OMB Circular A-95. ADDRESS IS NOT THE SAME If an application is sent through the Transactions with nongovernmental ADDRESS AS THE ONE TO WHICH U.S. Postal Service, the Secretary does entities, including State postsecondary THE APPLICANT SUBMITS ITS not accept either of the following as educational institutions and federally COMPLETED APPLICATION. DO NOT proof of mailing: (1) A private metered recognized Indian tribal governments, SEND APPLICATIONS TO THE ABOVE postmark, or (2) a mail receipt that is not are not covered by Executive Order ADDRESS. dated by the U.S. Postal Service. 12372. Also excluded from coverage are Available Funds: In 1985, $24,000,000 An applicant should note that the U.S. research, development, or was appropriated for Training and Postal Service does not uniformly demonstration projects that do not have Advisory services. For 1986 the provide a dated postmark. Before relying a unique geographic focus and are not President has requested $16,000,000 as of this method, an applicant should directly relevant to the governmental the first stage of a planned phase out of check with its local post office. responsibilities of a State or local the program over the next two years. An applicant is encouraged to*use government within that geographic area. However, the Congress has not yet The following is the current list of registered or at least first class mail. enacted a 1986 appropriation and may States that have established a process, Applications D elivered by Hand: An appropriate funds comparable to the application that is hand delivered must designated a single point of coiitact, and 1985 level. have selected this program for review: be taken to the U.S. Department of The Department is planning to award Education, Application Control Center, State 40 grants for 1986 DAC projects. The Room 3635, Regional Office Building 3, Alabama Nevada Department makes separate grants for 7th and D Streets, SW., Washington, Arizona New Hampshire race, sex, and national origin. D.C. Arkansas New Jersey Application Forms: Application forms The Application Control Center will California New Mexico Connecticut and program information packages are accept a hand-delivered application New York Delaware North Dakota expected to be ready for mailing on between 8:00 a.m. and 4:30 p.m. District of Columbia Ohio December 9,1985. They may be (Washington, D.C. time) daily, except Florida Oklahoma obtained by writing to the Equity Hawaii Oregon Saturdays, Sundays, or Federal Training and Technical Assistance jf holidays. Indiana Pennsylvania Iowa South Dakota Program Staff, U.S. Department of Program Information: the present Kansas Texas Education (Room 2033, FOB-6), 400 Kentucky recipients of DAC awards are eligible to Tennessee Maryland Avenue, SW., Washington, Louisiana Trust Territory apply for the continuation of those D.C. 20202. awards. Under 34 CFR 270.38(c)x Maine Vermont Massachusetts Virginia" Applications must be prepared and (formerly 45 CFR 180.38(c)) the Secretary Michigan Washington submitted in accordance with the is authorized to approve the Missouri Wyoming Montana Guam regulations, instructions, and forms continuation of an existing DAC award included in the program information if the recipient of that award “has Nebraska Virgin Islands package. However, the program complied with the terms of the award, Immediately upon receipt of this information is only intended to aid has provided satisfactory assistance, notice, applicants that are governmental applicants in applying for assistance. and continues to show promise of entities must contact the appropriate Nothing in the program information success inproviding that assistance”. State single point of contact to find out package is intended to impose any Intergovernment Review: On June 24, about, and to comply with, the State’s paperwork, application content, 1983, the Secretary published in the process under the Executive Order. reporting, or grantee performance Federal Register final regulations (34 Applicants proposing to perform requirements beyond those specifically CFR Part 79, published at 48 FR 29158- activities in mpre than one State should imposed under the statute and 29168) implementing Executive Order contact, immediately upon receipt of this regulations. 12372 entitled “Intergovernmental notice, the single point of contact for The Secretary strongly urges that Review of Federal Programs.” The each State and follow the procedures applicants not submit information that is regulations took effect September 30, established in those States under the not requested. 1983. Executive Order. A list containing the This program is subject to the (The application is approved under OMB single point of contact for each State is Control Number 1810-0517.) requirements of the Executive Order and included in the application package for the regulations in 34 CFR Part 79. The this program. Applicable Regulations: Regulations objective of Executive Order 12372 is to In States not listed above, State, applicable to this program include the foster an intergovernmental partnership areawide, regional, and local entities following: and to strengthen federalism by relying may submit comments directly to the (a) Regulations governing the on State and local processes for State Department. Desegregation of Public Education and local government coordination and All comments from State single points program, 34 CFR Part 270 (formerly 45 review of proposed Federal financial of contact and all comments from State, CFR Part 180). assistance. areawide, regional, and local entities (b) Education Department General The Executive Order— must be mailed or hand delivered by Administrative Regulations, 34 CFR • Allows States, after consultation February 10,1986 to the following Parts 74, 75, 77, 78, and 79, (except as with local officials, to establish their address: provided in 34 CFR 270.02{c)-(e)). 48120 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices

FOR FURTHER INFORMATION: For further $259,347,879.00, yielding a total of incremental pricing threshold which are information contact George R. Rhodes, $499,296,086.00 in over-charges and to be effective December 1,1985. These Jr., Director, Division of Educational interest. The PRO contemplates that, prices are based on the prices of Support, U.S. Department of Education within 20 days of issuance of a final alternative fuels. (Room 2011, FOB-6), Mail Stop 6264, 400 Remedial Order in this case ARCO will FOR FURTHER INFORMATION CONTACT: Maryland Avenue, SW., Washington, pay to DOE, for deposit in a suitable Leroy Brown, Jr., Energy Information D.C. 20202. Telephone: (202) 245-8484. account for ultimate disposition by DOE, Administration, 1000 Independence (42 U.S.C. 2000c-2000c-5) the total amount received by ARCO in Avenue, SW., Room BE-034, (Catalog of Federal Domestic Assistance violation of the regulations cited plus Washington, DC 20585, Telephone: (202) Number 84.004, Civil Rights Technical interest accrued to the date of payment. 252-6077. Assistance Programs) A copy of the PRO, with confidential Section I Dated: November 18,1985. information (if any deleted, may be obtained from the DOE Freedom of Lawrence F. Davenport, As required by FERC Order No. 50, Information Reading Room, U.S. Assistant Secretary fo Elementary and computed prices are shown for the 48 Department of Energy, 1000 contiguous States. The District of Secondary Education. Independence Avenue, SW., Room 1E- [FR Doc. 85-27792 Filed 11-20-85; 8:45 am] Columbia’s ceiling is included with the 190, Washington, DC 20585. ceiling for the State of Maryland. FERC, BILLING CODE 4000-01-M Within fifteen (15Î days of publication by an Interim Rule issued on April 2, of this notice, any aggrieved person may 1981, in Docket No. RM79-21, revised file a Notice of Objection to the PRO the methodology for calculating the DEPARTMENT OF ENERGY with the Office of Hearing and Appeals, monthly alternative fuel price ceilings U.S. Department of Energy, Room 6F- Economic Regulatory Administration for State regions. Under the revised 055,1000 Independence Avenue, SW., methodology, the applicable alternative Washington, DC 20585, in accordance Issuance of Proposed Remedial Order fuel price ceiling published for each of with 10 CFR 205.193. A person who fails to Atlantic Richfield Co. and Notice of the contiguous States shall be the lower to file a Notice of Objection shall be Opportunity for Objection of the alternative fuel price ceiling for deemed to have admitted the findings of the State of the alternative fuel price Pursuant to 10 CFR 205.192(c), the fact and conclusions of law stated in the ceiling for the multistate region in which Economic Regulatory Administration proposed order. If a Notice of Objection the State is located. (ERA) of the Department of Energy is not filed in accordance with § 205.193, (DOE) hereby gives notice that a the proposed order may be issued as a The price ceiling is expressed in Proposed Remedial Order (PRO) was final Remedial Order by the Office of dollars per million British Thermal Units issued by ERA to Atlantic Richfield Hearings and Appeals. (BTU’s). The method used to determine Company (ARCO), 515 South Flower the price ceilings is described in Section Issued in Washington, D.C., on the 13th day III. Street, Los Angeles, California 90071, on of November, 1985. October 4,1985, and amended on Avrom Landesman, October 11,1985. This PRO, as State BTU’s amended, charges ARCO, a refiner, with Director, Office o f Enforcement Programs, (millions) selling domestic price-controlled crude Economic Regulatory Administration. [FR Doc. 85-27784 Filed 11-20-85; 8:45 am] $3.73 oil at prices in excess of those permitted 3.42 by DOE regulations at 10 CFR BILLING CODE 6450-01-M 3.24 3.21 212.183(b), 205.202, 210.62(c), and 3.27 212.10(a). 3.49 Energy Information Administration 3.88 The PRO alleges that during the audit 3.59 period from August 1,1977 through Publication of Alternative Fuel Price 3.74 January 27,1981, ARCO sold 48,251,710 3.27 Ceilings and Incremental Price 3.35 barrels of domestic price-controlled Threshold for High Cost Natural Gas 3.30 crude oil to eleven curde oil resellers, 3.27 3.19 conditioning those sales upon ARCO’s The Natural Gas Policy Act of 1978 3.41 receipt of various price concessions (NGPA) (Pub. L. 95-621) signed into law 3.23 on November 9,1978, mandated a new 3.48 from those resellers on linked, or tied-in, 3.88 transactions involving uncontrolled framework for the regulation of most 3.49 crude oil, either in the form of discounts facets of the natural gas industry. In 3.23 3.23 on ARCO’s purchases of exempt foreign general, under Title II of the NGPA, 3.74 or domestic crude oil or premiums on its interstate natural gas pipeline 3.27 3.27 sales of exempt foreign crude oil. As a companies are required to pass through 3.27 result, ARCO received prices in excess certain portions of their acquisition Nevada 1...... 3.42 of those permitted in its sales of costs for natural gas to industrial users 3.84 controlled crude oil. in the form of a surcharge. The statute 3.24 During the violation period from requires that the ultimate costs of gas to 3.88 3.74 March 1,1978 through January 27,1981, the industrial facility should not exceed 3.27 the total excess consideration, or the cost of the fuel oil which the facility 3.25 premiums, alleged to have been 3.24 could use as an alternative. 3.42 unlawfully received by ARCO from the Pursuant to Title II of the NGPA, 3.84 eleven resellers for the 48,251,710 section 204(e), the Energy Information 3.49 3.74 barrels of domestic price-controlled Administration (EIA) herewith publishes 3.27 crude oil was $239,948,207.00, exclusive for the Federal Energy Regulatory 3.74 3.23 of interest. The interest thereon, Commission (FERC) computed natural Utah2...... 3.27 computed through October 31,1985, is gas ceiling prices and the high cost gas Vermont1...... 3.49 Federal Register / Vol, 50, No. 225 / Thursday, November 21, 1985 / Notices 40121

Stale BTU’s were identified by the State into which (millions) ceiling base. The State’s alternative fuel the oil was sold. price ceiling base was compared to the B. Method Used To Determine alternative fuel price ceiling base for the Washington1...... • •. 3.42 Alternative Price Ceilings miltistate region in which the State is West Virginia 1...... 3 41 Wisconsin 1...... 3 41 (1) Calculation of Volume-Weighted located and the lower of these two Wyoming 2...... 3 2 7 Average Price. The prices which will prices was selected as the final alternative fuel price ceiling base for the 1 Region based price as required by FERC Interim Rule, become effective December 1,1985, issued on April 2, 1981, irfDocket No. RM-79-21. (shown in Section I) are based on the State. The appropriate lag adjustment ’ Region based price computed as the weighted average price of Regions E, F, G, and H. reported price of No. 6 high sulfur factor (as discussed in Section III.B.4) content residual fuel oil, for each of the was then applied to the alternative fuel price ceiling base. The alternative fuel Section II—Incremental Pricing 48 contiguous States, for each of the 3 price (expressed in dollars per gallon) Threshold for High Cost Natural Gas months, July 1985, August 1985, and September 1985. Reported prices for was multiplied by 42 and divided by 6.3 The EIA has determined that the sales in July 1985 were adjusted by the to estimate the alternative fuel price volume-weighted average price for No. 2 percent change in the nationwide ceiling for the State (expressed in distillate fuel oil landed in the greater volume-weighted average price from dollars per million BTU’s). New York City Metropolitan area during July 1985 to September 1985. Prices for There were insufficient sales reported September 1985 was $31.84 per barrel. In August 1985 were similarly adjusted by in Region G for the months of July 1985, order to establish the incremental the percent change in the nationwide August 1985, and September 1985. The pricing threshold for high cost natural volume-weighted average price from alternative fuel price ceilings for the gas, as identified in the NGPA, Title II, August 1985 to September 1985. The States in Region G were determined by Section 203(a)(7), this price was volume-weighted 3-month average of the calculating the volume-weighted average price ceilings for Region E, multiplied by 1.3 and converted to its adjusted July 1985 and August 1985, and Region F, Region G, and Region H. equivalent in millions of BTU’s by the reported September 1985 prices were (4) The EIA has dividing by 5.8. Therefore, the then computed for each State. Lag Adjustment. (2) Adjustment for Price Variation. implemented a procedure to partially incremental pricing threshold for high States were grouped into the regions compensate for the two-month lag cost natural gas, effective December 1, identified by the FERC (see Section between the end of the month for which 1985, is $7.14 per million BTU’s. III.C.). Using the adjusted prices and data are collected and the beginning of Section III—Method Used To Compute associated volumes reported in a region the month for which ceiling prices Price Ceilings during the 3-month period, the volume- become effective. It was determined that weighted standard deviation of prices Platt’s digram Price Report publication The FERC, by Order No. 50, issued on was calculated for each region. The provides timely information relative to September 29,1979, in Docket No. volume-weighted 3-month average price the subject. The prices found in P latt’s RM79-21, established the basis for (as calculated in Section III.B.(l) above) Oilgram Price Report publication are determining the price ceilings required for each State was adjusted downward given for each trading day in the form of hy the NGPA. FERC also, by Order No. by two times this standard deviation for high and low prices for No. 6 residual oil 167, issued in Docket No. RM81-27 on the region to form the adjusted weighted in 20 cities throughout the United States. July 24,1981, made permanent the rule average price for the State. The low posted prices for No. 6 residual that established that only the price paid (3) Calculation of Ceiling Price. The oil in these cities were used to calculate for No. 6 high sulfur content residual lowest selling price within the State was a national and a regional lag adjustment fuel oil would be used to determine the determined for each month of the 3- factor. The national lag adjustment price ceilings. In addition, the FERC, by month period (after adjusting up or factor was obtained by calculating a Order No. 181, issued on October 6, down by the percent change in oil prices weighted average price for No. 6 high 1981, in Docket No. RM81-28, at the national level as discussed in sulfur residual fuel oil for the ten trading established that price ceilings should be Section III.B(l) above). The products of days ending November 15,1985, and published for only the 48 contiguous the adjusted low price for each month dividing that price by the corresponding States on a permanent basis. times the State’s total reported sales weighted average price computed from volume for each month were summed prices published by Platt’s for the month A. D ata C ollected over the 3-month period for each State of September 1985. A regional lag The following data were required and divided by the State’s total sales adjustment factor was similarly from all companies identified by the EIA volume during the 3 months to calculated for four regions. These are: as sellers of No. 6 high sulfur content determine the State’s average low price. one for FERC Regions A and B The adjusted weighted average price (as combined; one for FERC Region C; one (greater than 1 percent sulfur content by calculated in Section III.B. (2)) was for FERC Regions D, E, and G, weight) residual fuel oil: for each selling compared to this average low price, and combined; and one for FERC Regions F price, the number of gallons sold to large the higher of the values was selected as and H combined. The lower of the industrial users in the months of July the base for determining the alternative national or regional lag factor was then 1985, August 1985, and September 1985.1 fuel price ceiling for each State. For applied to the alternative fuel price All reports of volume sold and price. those States which had no reported ceiling for each State in a given region sales during one or more months of the as calculated in Section III.B.(3). 1 Large Industrial User—A person/firm which 3-month period, the appropriate regional purchases No. 6 fuel oil in quantities of 4,000 gallons volume-weighted alternative fuel price or greater for consumption in a business, including Listing of States by Region the space heating of the business premises. Electric was computed and used in combination utilities, governmental bodies (Federal, State, or with the available State data to States were grouped by the FECR to Local), and the military are excluded. calculate the State alternative fuel price form eight distant regions as follows: 48122 Federal Register / Vói. 50,'No. 225 / Thursday, November 21, 1985 '/ Notices

R eg ion A R eg ion E Commission approval of minor must be filed on or before November 25, Connecticut Iowa modifications to the PGA Settlement in 1985. Docket Nos. TA82-1-21, e t a l., and a Maine Kansas Kenneth F. Plumb, finding that the settlement, as modified, Massachusetts S ecretary . Missouri conforms with Order No. 436 issued in New Hampshire [FR Doc. 85-27745 Filed 11-20-85; 8;45 am] Minnesota Docket No. RM85^-1 on October 9,1985. Rhode Island Nebraska The Motion also requests limiting to BILLING CODE 6717-01-M Vermont North Dakota November 22,1985 the time for filing [Docket No. CP85-118-007] R eg ion B South Dakota answers. Northwest Pipeline Corp.; Petition To Delaware The Movants state that the R eg ion F Commission orders of June 14,1985 and Amend Maryland June 25,1985 approving the settlement November 15,1985. New Jersey Arkansas expressly provided that settlement’s Take notice that on November 1,1985, New York Louisiana terms and conditions were subject to the Northwest Pipeline Corporation Pennsylvania New Mexico outcome of the rulemaking in Docket No. (Northwest), 295 Chipeta Way, Salt Lake R eg ion C Oklahoma RM85-1; that Columbia, its customers, City, Utah 84108, filed in Docket No. Texas intervenors and the Commission staff CP85-118-007 a petition to amend Alabama met on November 13,1985. The Movants further the Commission’s order issued Florida R eg io n G have agreed upon minor modifications May 8,1985, as amended September 30, Georgia to the settlement; and request that 1985, in Docket Nos. CP85-118-000, Colorado Mississippi prompt approval by the Commission of CP85-118-001 and CP85-118-002, Idaho North Carolina the modification to the PGA Settlement pursuant to section 7(c) of the Natural Montana South Carolina is required by Columbia before it Gas Act so as to authorize Northwest to Utah Tennessee commits to become a long-term Order continue the transportation of natural Wyoming Virginia No. 436 transporter. gas for the account of CPEX-Pacific, Inc. In support of their request the (CPEX), for an additional one-year term R eg ion D R eg ion H Movants state that Columbia pipelines extending through December 23,1986, all Illinois are presently providing non- Arizona as more full described in the petition to Indiana discriminatory transportation for the California amend which is on file with the Kentucky interim period from November 1,1985 to Nevada Commission and open to public Michigan December 15,1985; that Commission inspection. Oregon action is needed prior to December 13, Ohio Northwest states that the Washington 1985 if transportation by Columbia is to Commission’s May 8,1985, order West Virginia continue and that termination of service authorized Northwest to transport, on a Wisconsin even for a brief period would result in best-efforts basis, up to 10 billion Btu’s substantial injury to the ultimate of natural gas per day for the account of Issued in Washington, D.C., on November consumers. 19, 1985. Movants state that a draft Motion Reichhold Chemicals, Inc. (Reichhold), L.A. Pettis, dated November 8,1985 which included CPEX’s predecessor, pursuant to a gas transportation agreement dated October Acting Deputy Administrator, Energy a request for a shorter answering period Information Administration. was served on all participants by 26,1984. Northwest states that under this agreement, Northwest transports [FR Doc. 85-27904 Filed 11-19-85; 1:47 pm] express mail on November 8,1985. Further, a meeting of the participants gas for CPEX, successor in interest to BILLING CODE 6450-01-M was held on November 13,1985, Reichhold, from the Canadian border at pursuant to the Commission’s Notice Sumas, Washington, to the Deer Island issued November 8,1985. During the meter station in Columbia County, Federal Energy Regulatory course of the meeting, the Motion Oregon, where thermally equivalent Commission including the request for shortened time volumes, less fuel, are redelivered to was discussed. Prior to the filing of the Northwest Natural Gas Company for [Docket Nos. TA82-1-21 et al.] Motion, the major participants to the CPEX’s account where the gas is used as proceeding were fully apprised that the a process fuel and feedstock in the Columbia Gas Transmission Corp.; request for a shorter answering period manufacture of anhydrous ammonia. Granting Request to Shorten Time to November 22,1985, would be Further, Northwest states the forthcoming. Furthermore, the Motion Commission’s September 30,1985, order November 15,1985. has been served by express mail on all in Docket No. CP85-118-002 authorized participants. an extension of the term for the On November 14,1985, Columbia Gas Upon consideration, good cause exists transportation service through Transmission Corporation, Columbia for shortening the time for filing answers December 23,1985, subject to the receipt Gulf Transmission Company to the subject Motion. Pursuant to Rules of appropriate export authority. (“Columbia”) and the various parties 213(d)(1) and 302(b), Notice is hereby Northwest states that it and CPEX (Movants) filed a motion for prompt given that answers to the Motion, if any, agreed to extend the term of the Federal Register / Yol. 50, No. 225 / Thursday, November 21, 1985 7 Noticés 48123

transportation agreement through Corporation (Southwest) which is being transportation agreement, dated December 23,1986. made available to Northwest by September 30,1985, for a term ending Northwest requests the Commission Westcoast Transmission Company January 1, .1990. to amend its May 8,1985, order to Limited (Westcoast). United States that it would receive authorize Northwest to continue to Northwest proposes to change natural gas for Entex’s account at transport gas for CPEX under the Southwest the “posted off-system sales existing interconnections between the transportation agreement, as amended, prices(s)” for those volumes offered by facilities of United and Natural gas through December 23,1986. Westcoast for each month. Northwest Pipeline Company of America in Other than the extension of term, will notify the Commission of the price Cameron and Vermilion Parishes, Northwest states that it proposes no and volume to be sold underrate - Louisiana, and would redeliver change in the existing transportation Schedule X-46 five days prior to the equivalent volumes to Entex at varous service and that it would continue to beginning of each month and will report existing interconnections between charge its effective tariff rate applicable actual monthly prices and volumes United and Entex’s facilities within a 75- to incremental on-system transportation within 30 days after the end of each mile radius of the receipt points.. services which is currently 20.0 cents month. It is explained that Entex would pay per billion Btu plus a fuel charge and a Northwest requests waiver of the GRI surcharge. United a rate equal to United’s Type I Commission’s regulations to permit an Rate consisting of a monthly demand Any person desiring to be heard or to effective date of November 6,1985, for make any protest with reference to said charge plus a commodity charge the tendered tariff sheets. Northwest including cost of company-used gas as petition to amend should on or before states that copies of this filing have been November 27,1985, file with the Federal set forth in United’s FERC Gas Tariff, mailed to all jurisdictional sales First Revised Volume No. 1, Rate Energy Regulatory Commission, customers and affected state Washington, DC 20426, a motion to Schedule T. United States that the commissions and to Southwest Gas currently effective contract demand rate intervene or a protest in accordance Corporation. with the requirements of the is 57 cents per Mcf and the commodity Any person desiring to be heard or to charge including cost of company-used Commission’s Rules of Practice and protest said filing should file a motion to Procedure (18 CFR 385.214 or 385.211) gas is 8.52 cents per Mcf. intervene or a protest with the Federal Any person desiring to be heard or to and the Regulations under the Natural Energy Regulatory Commission, 825 Gas Act (18 CFR 157.10). All protests make any protest with reference to said North Capitol Street, NE., Washington, application should on or before filed with the Commission will be DC 20426, in accordance with Rules 211 considered by it in determining the November 26,1985, file with the Federal and 214 of the Commission’s Rules of Energy Regulatory Commission, appropriate action to be taken but will Practice and Procedure (18 CFR 385.211, not serve to make the protestants Washington, DC 20426, a motion to 385.214). All such motions or protests intervene or a protest in accordance parties to the proceeding. Any person should be filed on or before No,vember wishing to become a party to a with the requirements o f the 22,1985. Protests will be considered by Commission’s Rules of Practice and proceeding or to participate as a party in the Commission in determining the any hearing therein must file a motion to Procedure (18 CFR 385.214 or 385.211) appropriate action to be taken, but will and the Regulations under the Natural intervene in accordance with the not serve to make protestants parties to Commission’s Rules. * Gas Act (18 CFR 157.10). All protests the proceeding. Any person wishing to filed with the Commission will be Kenneth F. Plumb, become a party must file a motion to S ecretary. considered by it in determining the intervene. Copies of this filing are on file appropriate action to be taken but will [FR Doc. 85-27746 Filed 11-20-85; 8:45 am] with the Commission and are available not serve to make the protestants BILLING CODE 6717-01-M for public inspection. parties to the proceeding. Any person Kenneth F. Plumb, wishing to become a party to a [Docket No. RP86-17-000] S ecretary . proceeding or to participate as a party in [FR Doc. 85-27747 Filed 11-20-85; 8:45 am] any hearing therein must file a motion to Northwest Pipeline Corp.; Change in BILLING CODE 6717-01-M intervene in accordance with the FERC Gas Tariff Commission’s Rules. November 15,1985. [Docket No. CP86-111-000] Take further notice that, pursuant to the authority contained in and subject to Take notice that on November 6,1985, jurisdiction conferred upon the Federal Northwest Pipeline Corporation United Gas Pipe Line Co.; Application Energy Regulatory Commission by (Northwest) tendered for filing, to be a November 15,1985. sections 7 and 15 of the Natural Gas Act part of its FERC Gas Tariff, Original Take notice that on October 31,1985, and the Commission’s Rules of Practice Volume No. 2, the following tariff sheets: United Gas Pipe Line Company (United), and Procedure, a hearing will be held First Revised Sheet No. 457 P.O. Box 1478, Houston, Texas 77001, without further notice before the First Revised Sheet No. 461 filed in Docket No. CP86-111-000 an Commission or its designee on this According to § 381.103(b) (2) (iii) of the application pursuant to section 7(c) of application if no motion to intervene is Commission’s regulations (18 CFR the Natural Gas Act for a certificate of filed within the time required herein, if 381.103(b)(2)(iii)), the date of filing is the public convenience and necessity the Commission on its own review of the date on which the Commission receives authorizing the transportation of natural matter finds that a grant of the the appropriate filing fee, which in the gas for Entex, Inc. (Entex), all as more certificate is required by the public instant case was not until November 7, fully set forth in the application which is convenience and necessity. If a motion 1985. on file with the Commission and open to for leave to intervene is timely filed, or if The tendered tariff sheets will amend public inspection. the Commission on its own motion the pricing provision of Rate Schedule United proposes to transport, on a believes that a formal hearing is X-46 to allow Northwest to sell off- firm basis, up to 25,000 Mcf of natural required, further notice of such hearing system natural gas to Southwest Gas gas per day for Entex pursuant to a gas will be duly given. 48124 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices

Under the procedure herein provided production capacity of the facility is 5. Dr. Forrest F. Evans for, unless otherwise advised, it will be 31,500 kilowatts. The facility was [Docket No. QF86-83-000) unnecessary for United to appear or be previously owned by ARCO Polymers, November 14,1985. represented at the hearing. Inc. and received certification as a On October 28,1985, Dr. Forrest F. Kenneth F. Plumb, cogeneration facility on August 10,1981. Evans (Applicant), of Rt. 1, Biota, S ecretary . BV Partners has purchased the existing Joelton, Tennessee 37080 submitted for [FR Doc. 85-27744 Filed 11-20-85; 8:45 am] facility and desire recertification of the filing an application for certification of a BILLING COOt 6717-01-M facility as the new owner. facility as a ^qualifying small power 3. Batten Kill Hydro Associates (Upper production facility pursuant to § 292.207 of the Commission’s regulations. No [Docket Nos. QF86-169-000 et ai.] Greenwich Hydropower Project) determination has been made that the A.E. Staley Manufacturing Co. et al.; [Docket No. QF86-69-000] submittal constitutes a complete filing. Small Power Production and November 14,1985. The estimated 4.5 kilowatt Cogeneration Facilities; Qualifying hydroelectric facility is located on Status; Certificate Applications, etc. On October 22,1985, Batten Kill Marrowbone Creek, near Nashville, Hydro Associates (Applicant), of 410 Tennessee. Comment date: Thirty days from Severn Avenue, Suite 409, Annapolis, publication in the Federal Register in A separate application is required for Maryland 21403 submitted for filing an accordance with Standard Paragraph E a hydroelectric project license, application for certification of a facility at the end of this notice. preliminary permit or exemption from Take notice that the following filings as a qualifying small power production licensing. Comments on such have been made with the Commission. facility pursuant to § 292.207 of the applications are requested by separate Commission’s regulations. No public notice. Qualifying status serves 1. A.E. Staley Manufacturing Co. determination has been made that the only to establish eligibility for benefits [Docket No. QF86-169-000] submittal constitutes a complete filing. provided by PURPA, as implemented by November 13,1985, The 800 kilowatt hydroelectric facility the Commission’s regulations, 18 CFR On October 31,1985, A.E. Staley is located in Washington County, New Part 292. It does not relieve a facility of Manufacturing Co. (Applicant), of 2200 York. any other requirements of local, State or Federal law, including theose regarding East Eldorado Street, Decatur, Illinois A separate application is required for siting, construction, operation, licensing 62525 submitted for filing an application a hydroelectric project license, and pollution abatement. for certification of a facility as a preliminary permit or exemption from qualifying cogeneration facility pursuant licensing. Comments on such 6. Pan Pacific Hydro (Davis Creek to § 292.207 of the Commission’s applications are requested by separate Project) regulations. No determination has been public notice. Qualifying status serves [Docket No. QF86-97-000] made that the submittal constitutes a only to establish eligibility for benefits complete filing. On October 29,1985, Pan Pacific provided by PURPA, as implemented by The topping-cycle cogeneration Hydro (Applicant), of 215 Main Street, the Commission’s regulations, 18 CFR facility is located at 2245 Sagamore Weaverville, California 96093 submitted Part 292. It does not relieve a facility of Parkway North, Lafayette, Indiana for filing an application for certification 47905. The facility will consist of an any other requirements of local, State or of a facility as a qualifying small power extraction back-pressure steam turbine- Federal law, including those regarding production facility pursuant to § 292.207 generatoF. The power production siting, construction, operation, licensing of the Commission’s regulations. No capacity will be 7,415 kilowatts and the and pollution abatement. determination has been made that the primary energy source will be coal. The submittal constitutes a complete filing. extracted steam will be used in a corn 4. Second Imperial Geothermal The 475 kilowatt hydro electric facility processing plant. Installation of the Company is located on Davis Creek near Trinity Center in Trinity County, California. facility began in July 1984. [Docket No. QF 86-114-000] A separate application is required for 2. BV Partners November 13,1985. a hydroelectric project license, November 14,1985. On October 30,1985, Second Imperial preliminary permit or exemption from [Docket No. QF81-30-001] - licensing. Comments on such Geothermal Company (Applicant), of applications are requested by separate On November 1,1985, BV Partners, 226 West Brokaw Road, Suite 550, San public notice. Qualifying status serves 1925 N. Lynn Street, Suite 1200, Jose, California 95110 submitted for only to establish eligibility for benefits Arlington, Virginia 22209, submitted for filing an application for certification of a filing an application for certification of a provided by PURPA, as implemented by facility as a qualifying small power the Commission’s regulations, 18 CFR facility as a qualifying cogeneration production facility pursuant to § 292.207 facility pursuant to § 292.207 of the Part 292. It does not relieve a facility of of the Commission’s regulations. No Commission’s regulations. No any other requirements of local, State or determination has been made that the determination has been made that the Federal law, including those regarding submittal constitutes a complete filing. submittal constitutes a complete filing. siting, construction, operation, licensing The topping cycle cogeneration The 40 megawatt geothermal facility and pollution abatement. will be located near the Heber facility is located in Monaca, 7. Pan Pacific Hydro (Van Matre Creek Geothermal Project No. 1 facility in the Pennsylvania. The facility consists of Project) three coal-fired steam boilers and two Imperial Valley, California. The primary steam turbine-generators. Steam is sold energy source will be geothermal fluids [Docket No. QF86-95-000] for use in an adjacent Chemical plant. which will be converted to electric November 14,1985. The primary energy source for the power using flash tanks and a turbine On October 29,1985, Pan Pacific facility will be coal. The electric power generator. Hydro (Applicant), of 215 Main Street, Federai Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices 48125

Weaverville, California 96093 submitted preliminary permit or exemption from 10. Mega Renewables for filing an application for certification licensing. Comments on such [Docket No. QF86-101-000, et al. (see on a facility as a qualifying small power applications are requested by separate attached list)] production facility pursuant to § 292.207 public notice. Qualifying status serves of the Commission’s regulations. No only to establish eligibility for benefits November 12,1985. determination has been made that the provided by PURPA, as implemented by On October 30,1985, Mega submittal constitutes a complete filing. the Commission’s regulations, 18 CFR Renewables (Applicant),1 of 2576 The 320 kilowatt hydroelectric facility Part 292. It does not relieve a facility of Hartnell Avenue, Redding, California is located on Van Matre Creek, in any other requirements of local, State or 96002 submitted for filing 14 applications Trinity County, California. Federal law, including those regarding for certification of facilities as qualifying A separate application is required for siting, construction, operation, licensing small power production facilities a hydroelectric project license, and pollution abatement. pursuant to § 292.207 of the preliminary permit or exemption from 9. Pan Pacific Hydro (Weber # 2 Project) Commission’s regulations. No licensing. Comments^on such determination has been made that the applications are requested by separate [Docket No. QF86-100-000] submittal constitutes a complete filing. public notice. Qualifying status serves On October 29,1985, Pan Pacific Each hydroelectric small power only to establish eligibility for benefits Hydro (Applicant), of 215 Main Street, production facility will be located in the provided by PURPA, as implemented by Weaverville, California 96093 submitted state of California. The nearest the Commission’s regulations, 18 CFR for filing an application for certification township, county, water resources, Part 292. It does not relieve a facility of of a facility as a qualifying small power any other requirements of local, State or production facility pursuant to § 292.207 FERC project number and power Federal law, including those regarding of the the Commission’s regulations. No production capacity of each facility is siting, construction, operation, licensing determination has been made that the listed below. Each facility will consist of and pollution abatement. submittal constitutes a complete filing. one hydraulic turbine with connected generator. 8. Pan Pacific Hydro (East Fork Project) The 400 kilowatt hydroelectric facility is located in Trinity County, California. A separate application is required for [Docket No. QF86-98-000] A separate application is required for a hydroelectric project license, On October 29,1985, Pan Pacific hydroelectric project licenses, preliminary permit or exemption from Hydro (Applicant), of 215 Main Street, preliminary permit or exemption from licensing. Comments on such Weaverville, California 96093 submitted licensing. Comments oh such applications are requested by separate for filing an application for certification applications are requested by separate public notice. Qualifying status serves of a facility as a qualifying small power public notice. Qualifying status serves only to establish eligibility for benefits production facility pursuant to § 292.207 only to establish eligibility for benefits provided by PURPA, as implemented by of the Commission’s regulations. No provided by PURPA, as implemented by the Commission’s regulations, 18 CFR determination has been made that the the Commission’s regulations, 18 CFR Part 292. It does not relieve a facility of submittal constitutes a complete filing. Part 292. It does not relieve a facility of any other requirements of local, State or The 700 kilowatt hydroelectric facility any other requirements of local, State or Federal law, including those regarding is located in Trinity County, California. Federal law, including those regarding siting, construction, operation, licensing A separate application is required for siting, construction, operation, licensing and pollution abatement. a hydroelectric project license, and pollution abatement.

FERC Docket No. Location Resources project Capacity number (kilowatts)

QF86-101-000 Pittville in Lassen County...... p. 8826 1,000 QF86-102-000 Whitmore in Shasta County...... p. 8780 1,000 QF86-104-000 Lamoine in Shasta County...... North Fork Slate Creek...... p. 8453 450 QF86-105-000 .... do...... p. 8451 5,000 QF86-106-000 French Gulch in Shasta County...... p. 8472 5ÌOOO QF86-108-000 Lamoine in Shasta County...... p. 8452 450 QF86-109-000 Round Mountain in Shasta County...... Little Cow Creek...... p. 8676 2,000 QF86-110-000 Whitmore in Shasta County...... South Cow Creek and Real Creek...... p. 8779 2,000 QF86-111-000 Manton in Tehama & Shasta County...... „...... Digger Creek...... p. 8738 3,000 QF86-112-000 Witmore in Shasta County...... p. 8681 4,000 QF86-121-000 Burney in Shasta County...... :...... ¡3. 8671 3,000 QF86-122-000 Witmore in Shasta County...... p. 8659 7,000 QF86-123-000 Fall River in Shasta County...... p. 8829 3,000 QF86-126-000 Old Station in Shasta County...... p. 9334 T500

11. Signal Environmental Systems Inc. qualifying small power production will be biomass in the form of municipal [Docket No. QF86-179-000] facility pursuant to § 292.207 of the solid waste. Oil or natural gas will be November 14,1985. Commission’s regulations. No used only for start-up fuel and in the On November 1,1985, Signal determination has been made that the aggregate will not exceed 25 percent of Environmental Systems Inc. (Applicant), submittal constitutes a complete filing. Liberty Lane, Hampton, New Hampshire The small power production facility 1 Mega Renewables is a partnership consisting of 03842, submitted for filing an application will be located in Broward County, Resource Electric, Inc. and Baccarat Development for certification of a facility as a Florida. The primary fuel for the facility Corp. 48126 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices the total energy input during the 14. Signal Environmental Systems Inc. production facility pursuant to § 292.207 calendar year. No other small power [Docket No. QF8&-177-000] of the Commission’s regulations. No production facility owned by the determination has been made that the November 14,1985. applicant and using the same energy submittal constitutes a complete filing. source will be located within one mile of On November 1,1985, Signal The 40 megawatt geothermal facility Environmental Systems Inc. (Applicant), the facility. The electric power will be located near the Heber Liberty Lane, Hampton, New Hampshire production capacity of the facility is 57 Geothermal Project No. 1 facility in the 03842, submitted for filing an application megawatts. Imperial Valley, California. The primary for certification of a facility as a energy source will be geothermal fluids 12. Signal Environmental Systems Inc. qualifying small power production which will be converted to electric facility pursuant to § 292.207 of the [Docket No. QF86-178-000] power using flash tanks and a turbine Commission’s regulations. No generator. November 14,1985. determination has been made that the On November 1,1985, Signal submittal constitutes a complete filing. 17. Synergies, Inc. (Mt. Storm Environmental Systems Inc. (Applicant), The small power production facility Hydropower Project) Liberty Lane, Hampton, New Hampshire will be located in Claremont, New [Docket No. QF86-67-000] 03842, submitted for filing an application Hampshire. The primary fuel for the November 14,1985. for certification of a facility as a facility will be biomass in the form of On October 22,1985, Synergies, Inc. qualifying small power production municipal solid waste. Oil or natural gas will be used only for start-up fuel and in (Applicant), of 410 Severn Avenue, Suite facility pursuant to § 292.207 of the 409, Annapolis, Maryland 21403 Commission's regulations. No the aggregate will not exceed 25 percent of the total-energy input during the submitted for filing an application for determination has been made that the certification of a facility as a qualifying submittal constitutes a complete filing. calendar year. No other small power production facility owned by the small power production facility pursuant The small power production facility to § 292.207 of the Commission’s will be located in West Deptford, New applicant and using the same energy source will be located within one mile of regulations. No determination has been Jersey. The primary fuel for the facility made that the submittal constitutes a will be biomass in the form of municipal the facility. The electric power production capacity of the facility is 4.5 complete filing. solid waste. Oil or natural gas will be megawatts. The 750 kilowatt hydroelectric facility used only for start-up fuel and in the is located on the Stony River near the aggregate will not exceed 25 percent of 15. Signal Environmental Systems Inc. Town of Mt. Storm, in Grant County, the total energy input during the [Docket No. QF86-176-000] West Virginia. calendar year. No other small power November 14,1985. A separate application is required for production facility owned by the a hydroelectric project license, applicant and using the same energy On November 1,1985, Signal Environmental Systems Inc. (Applicant), preliminary permit or exemption from source will be located within one mile of licensing. Comments on such the facility. The electric power Liberty Lane, Hampton, New Hampshire 03842, submitted for filing an application applications are requested by separate production capacity of the facility is 12 public notice. Qualifying status serves megawatts. for certification of a facility as a qualifying small power production only to establish eligibility for benefits 13. Signal Environmental Systems Inc. facility pursuant to § 292.207 of the provided by PURPA, as implemented by the Commission’s regulations, 18 CFR [Docket No. QF86-175-000] Commission’s regulations. No determination has been made that the Part 292. It does not relieve a facility of November 14,1985. submittal constitutes a complete filing. any other requirements of local, State or On November 1,1985, Signal The small power production facility Federal law, including those regarding siting, construction operation, licensing Environmental Systems Inc. (Applicant), will be located in Concord, New Liberty Lane, Hampton, New Hampshire Hampshire. The primary fuel for the and pollution abatement. 03842, submitted for filing an application facility will be biomass in the form of 18. Synergies, Inc. (Edwards Falls for certification of a facility as a municipal solid waste. Oil or natural gas Hydropower Project) qualifying small power production will be used only for start-up fuel and in [Docket No. QF86-73-000] facility pursuant to § 292.207 of the the aggregate will not exceed 25 percent Commission’s regulations. No of the total energy input during the November 13,1985. determination has been made that the calendar year. No other small power On October 24,1985, Synergies, Inc. submittal constitutes a complete filing. production facility owned by the (Applicant), of 410 Severn Avenue, Suite The small power production facility applicant and using the same energy 409, Annapolis, Maryland 21403 will be located in Milbury, source will be located within one mile of submitted for filing an application for Massachusetts. The primary fuel for the the facility. The electric power certification of a facility as a qualifying facility will be biomass in the form of production capacity of the facility is 11 small power production facility pursuant municipal solid waste. Oil or natural gas megawatts. to § 292.207 of the Commission’s regulations. No determination has been will be used only for start-up fuel and in 16. Third Imperial Geothermal Company the aggregate will not exceed 25 percent made that the submittal constitutes a of the total energy input during the [Docket No. QF86-115-000] complete filing. calendar year. No other small power November 13,1985. The 800 kilowatt hydroelectric facility production facility owned by the On October 30,1985, Third Imperial is located on the Limestone Creek near applicant and using the same energy Geothermal Company (Applicant), of the Town of Manlius, in Onondaga source will be located within one mile of 226 West Brokaw Road, Suite 550 San County, New York. the facility. The electric power Jose, California 95110 submitted for A separate application is required for production capacity of the facility is 38.5 filing an application for certification of a a hydroelectric project license, megawatts. facility as a qualifying small power preliminary permit or exemption from Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices 48127

licensing. Comments on such only to establish eligibility for benefits Part 292. It does not relieve a facility of applications are requested by separate provided by PURPA, as implemented by any other requirements of local, State or public notice. Qualifying status serves the Commission’s regulations, 18 CFR Federal law, including those regarding only to establish eligibility for benefits Part 292. It does not relieve a facility of siting, construction, operation, licensing provided by PURPA, as implemented by any other requirements of local, State or and pollution abatement. the Commission’s regulations, 18 CFR Federal law, including those regarding Part 292. It does not relieve a facility or siting, construction, operation, licensing Standard Paragraphs any other requirements of local, State or and pollution abatement. E. Any person desiring to be heard or Federal law, including those regarding 21. Synergies, Inc. (Cooleemee to protest said filing should file a motion siting, construction, operation, licensing to intervene or protest with the Federal and pollution abatement. Hydropower Project) Energy Regulatory Commission, 825 19. Synergies, Inc. (Huntington Dam [Docket No. QF86-68-000] North Capitol Street, N.E., Washington, Hydropower Project) November 14,1985. DC 20426, in accordance with Rules 211 On October 22,1985, Synergies, Inc. [Docket No. QF86-71-000] and 214 of the Commission’s Rules of (Applicant), of 410 Severn Avenue, Suite Practice and Procedure (18 CFR 385.211 November 14,198£. 409, Annapolis, Maryland 21403 and 385.214). All such motions or On October 22,1985, Synergies, Inc. submitted for filing an application for protests should be filed on or before the (Applicant), of 410 Severn Avenue, Suite certification of a facility as a qualifying comment date. Protests will be 409, Annapolis, Maryland 21403 small power production facility pursuant considered by the Commission in submitted for filing an application for to § 292.207 of the Commission’s determining the appropriate action to be certification of a facility as a qualifying regulations. No determination has been taken, but will not serve to make small power production facility pursuant made that the submittal constitute a protestants parties to the proceeding. to § 292.207 of the Commission’s complete filing. Any person wishing to become a party regulations. No determination has been The 1,500 kilowatt hydroelectric must file a motion to intervene. Copies made that the submittal constitutes a facility is located on the South Yadkin of this filing are on file with the complete filing. River near the Town of Cooleemee, in Commission and are available for public The 3,100 kilowatt hydroelectric David County, North Carolina. inspection. facility is located on the Wabash River A separate application is required for Kenneth F. Plumb, near the Town of Huntington in a hydroelectric project license, Secretary. Huntington, County, Indiana. preliminary permit or exemption from [FR Doc. 85-27743 Filed 11-20-85; 8:45 am] A separate application is required for licensing. Comments on such BILLING CODE 6710-01-M a hydroelectric project license, applications are requested by separate preliminary permit or exemption from public notice. Qualifying status serves licensing. Comments on such only to establish eligibility for benefits [Docket No. E-9206-004] applications are requested by separate provided by PURPA, as implemented by public notice. Qualifying status serves the Commission’s regulations, 18 CFR American Electric Power Service only to establish eligibility for benefits Part 292. It does not relieve a facility of Corp.; Notice of Refund Compliance provided by PURPA, as*implemented by any other requirements of local, State or Report the Commission’s regulations, 18 CFR Federal law, including those regarding Part 292. It does not relieve a facility of siting, construction, operation, licensing November 14,1985. any other requirements of local, State or and pollution abatement. Take notice.that American Electric Federal law, including those regarding Power Service Corporation (“AEPSC”), siting, construction, operation, licensing 22. Weber Basin Water Conservancy District on November 4,1985, tendered for filing and pollution abatement. a refund compliance report pursuant to 20. Synergies, Inc. (Twelfth Street [Docket No. QF86-92-000] the Commission’s May 20,1985 letter Hydropower Project) November 14,1985. order in Docket No. E-9206-000. [Docket No. QF86-70-000] On October 28,1985, Weber Basin AEPSC’s compliance filing includes Water Conservancy District (Applicant), monthly data showing Tanners Creek November 14,1985. of 2837 East Highway 193, Layton, Utah Unit 1-3 mwh generation allocated to On October 22,1985, Synergies, Inc. 84041 submitted for filing an application system sales (by type of sale), (Applicant), of 410 Severn Avenue, Suite for certification of a facility as a calculation of the refund factor for each 409, Annapolis, Maryland 21403 qualifying small power production year, calculation of the refund owed to submitted for filing an application for facility pursuant to § 292.207 of the each category df customer, calculation certification of a facility as a qualifying Commission’s regulations. No of the refund owed to each customer small power production facility pursuant determination has been made that the and the allocation of the refund to § 292.207 of the Commission’s submittal constitute a complete filing. obligation among the operating regulations. No determination has been The 9,510 kilowatt hydroelectric companies of the American Electric made that the submittal constitutes a facility is located on the Weber River in Power Company System: A copy of the complete filing, Davis County, Utah. filing was served on the FERC Staff. The 3 megawatt hydroelectric facility A separate application is required for Any person desiring to be heard or to is located on the James River in the City a hydroelectric project license, protest this filing should file comments of Richmond, Virginia. preliminary permit or exemption from with the Federal Energy Regulatory A separate application is required for licensing. Comments on such Commission, 825 North Capitol Street, a hydroelectric project license, applications are requested by separate NE., Washington, D.C. 20426, on or preliminary permit or exemption from public notice. Qualifying status serves before November 27,1985. Comments licensing. Comments on such only to establish eligibility for benefits will be considered by the Commission in applications are requested by separate provided by PURPA, as implemented by determining the appropriate action to be public notice. Qualifying status serves the Commission’s regulations, 18 CFR taken. Copies of this filing are on file 48128 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices with the Commission and are available able to sell its gas supplies through any previously certificated Chevron SMP I for public inspection. SMP program and will suffer further by order of April 3,1985, in Docket No. Kenneth F. Plumb, shut-in by Transco and other 085-167-000. S ecretary . purchasers. Chevron requests that the [FR Doc. 85-27842 Filed 11-20-85; 8:45 am] It appears reasonable and consistent Commission process this application in with the public interest in this case to accordance with the Commission’s BILLING CODE 6717-01-M prescribe a period shorter than normal newly established expedited producer for the filing of protests and petitions to abandonment procedures provided in [Docket No. CI84-555-005] intervene. Therefore, any person Order No. 436, Docket No. RM85-1-000, desiring to be heard or to make any 18 CFR 2.77. The blanket authorizations ANR Production Co.; Notice of protests with reference to said requested herein would permit: (1) Sales Application for Extension and application should on or before to any willing purchaser without market Modification of Special Marketing November 27,1985, file with the Federal restrictions, including sales for resale in Program and Request for Expedited Energy Regulatory Commission, interstate commerce, of any natural gas, Action Washington, D.C. 20426, a petition to without supply restrictions, produced by November 15,1985. intervene or a protest in accordance Chevron or its joint venture owners; (2) Take notice that on October 31,1985, with the requirements of the pre-granted abandonment for ANR Production Company (Applicant) Commission’s Rules of Practice and termination of such sales as necessary; of 5075 Westheimer—Suite 1100 West, Procedure (18 CFR 385.211, 385.214). All (3) abandonment of sales from those Houston, Texas 77056, filed an protests filed with the Commission will categories of natural gas still under application pursuant to sections 7(b) be considered by it in determining the Commission NGA jurisdiction without and 7(c) of the Natural Gas Act (NGA) appropriate action to be taken but will regard to source; (4) transportation of and Part 157 of the Commission’s not serve to make protestants parties to natural gas by interstate pipeline Regulations under the NGA for the proceeding. Any person wishing to companies able and willing to temporary extension and modification become a party to a proceeding or to participate in the Chevron SMP; and (5) of its special marketing program (SMP) participate as a party in any hearing pre-granted abandonment of any authorized by thè Commission in Docket therein must file a petition to intervene transportation services conducted under No. CI85-555-000. The extension is in accordance with the Commission’s the requested certificate. Under the requested from November 1,1985 until Rules. requested blanket certificate, Chevron October 31,1986. Applicant also Under the procedure herein provided will be able to sell to any customer on a requests that the Commission consider for, unless otherwise advised, it will be spot basis natural gas which remains this application on an expedited basis unnecessary for Applicant to appear or subject to the Commission’s NGA and that the requested extension be be represented at the hearing. jurisdiction. The requested authorization granted effective as of October 31,1985, Kenneth F. Plumb, will also permit transportation in the date on which all SMP’s expired. S ecretary . interstate commerce of any gas sold Applicant’s SMP program was [FR Doc. 85-27843 Filed 11-20-85; 8:45 am] under Chevron’s SMP to any purchaser authorized pursuant to the terms and BILLINd CODE 6717-01-M to the extent that authorization sought conditions of the orders of the herein is not otherwise made effective Commission issued September 26,1984 on or before November 1,1985 in Docket and December 17,1984, imposing [Docket No. CI86-46-000] No. RM85-1-000 or any other uniform conditions on all SMP Commission proceeding. Chevron U.S.A. Inc.; Notice of programs.1 The extension of the SMP Application of Chevron U.S.A., Inc. for It appears reasonable and consistent program will permit Applicant to sell with the public interest in this case to Blanket Certificate of Public low-cost gas to natural gas consumers prescribe u period shorter than normal Convenience and Necessity, Pre­ which otherwise would not be granted Abandonment, and for the filing of protests and petitions to purchased by Transcontinental Gas Pipe Abandonment Authorization intervene. Therefore, any person Line Corporation (Transco), and other desiring to be heard or to make any interstate pipelines, and will provide November 15,1985. protests with reference to said Transco and other pipelines significant Take notice that on October 31,1985, application should on or before take-or-pay relief. Chevron U.S.A. Inc. (Chevron), of 1 November 27,1985, file with the Federal Unless extended by the Commission, Montgomery Street, San Francisco, Energy Regulatory Commission, Applicant’s SMP program will expire at California 94104, filed an application Washington, D.C. 20426, a petition to a time when Applicant most needs a pursuant to sections 4 and 7 of the intervene or a protest in accordance special marketing program to supply Natural Gas Act (NGA) (15 U.S.C. 717c with the requirements of the low-cost gas to consumers. Order No. and 717f), and Commission regulations Commission’s Rules of Practice and 436, issued October 9,1985, in Docket thereunder, 18 CFR 2.77 and section 157 Procedure (18 CFR 385.211, .214). All No. RM85-1-000, established blanket et seq., requesting that the Federal protests filed with the Commission will transportation certificate procedures to Energy Regulatory Commission be considered by it in determining the facilitate the movement of competitively (Commission) issue a blanket certificate appropriate action to be taken but will priced gas supplies to consumers. of public convenience and necessity, not serve to make the protestants Without extention of the limited term with pre-granted abandonment parties to the proceeding. Any person partial abandonment and limited term authorization, and grant abandonment wishing to become a party to a blanket certificate authority requested authorization for certain certificated proceeding or to participate as a party in herein, however, Applicant will not be sales. These authorizations would any hearing therein must file a petition permit Chevron to institute an expanded to intervene in accordance with the 1 Tertneco Oil Company, et al., Docket Nos. 0 8 3 - short-term spot sales marketing Commission’s Rules. 269, et al., 28 FERC f 61,383 (1984). and ANR Production Company, Docket No. 084-555, 29 FERC program, hereinafter identified as Under the procedure herein provided 1 61,328 (1984). Chevron SMP II. The Commission for, unless otherwise advised, it will be Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices 48129

unnecessary for Applicant to appear or the Commission for filing proposed received by March 4,1986, or be represented at the hearing. refund reports or refund plans. The date postmarked on that date. Kenneth F. Plumb, of filing, docket number, and type of SUPPLEMENTARY INFORMATION: S ecretary . filing are also shown on the Appendix. Construction quality assurance (CQA) Any person wishing to do so may [FR Doc. 85-27844 Filed 11-20-85; 8:45 am] as applied in this document uses submit comments in writing concerning BILLING CODE 6717-01-M scientific and engineering principles and the subject refund reports and plans. All practices to ensure, with a reasonable such comments should be filed with the degree of certainty, that a hazardous [Docket No. RP85-73-002 et al] Federal Energy Regulatory Commission, 825 North Capitol Street, N.E., waste land disposal facility meets or exceeds all design criteria, plans, and Mountain Fuel Resources, Inc., et al.; Washington, D.C. 20426, on or before specifications. The document covers Filing of Pipeline Refund Reports and November 26,1985. Copies of the CQA for hazardous waste landfills, Refund Plans respective filings are ori file with the Commission and available for public surface impoundments, and waste piles. November 14,1985. inspection. The major components of these facilities that are addressed include: foundations, Take notice that the pipelines listed in Kenenth F. Plumb, dikes, low-permeability soil liners, the Appendix hereto have submitted to S ecretary . flexible membrane liners, leachate collection systems and final cover A p p e n d ix systems. This document is intended to Filing date Company Docket No. Type filing complement the "Minimum Technology Guidance” being issued by EPA’s Office Oct. 15, 1985...... Mountain Fuel Resources, Inc...... RP85-73-002 Btu. of Solid Waste. It is believed that a Do...... Texas Gas Pipe Line Corp...... RP85-84-003 Btu.* technically sound, well developed, site- Do...... Tennessee Gas Pipeline Co...... RP85-94-003 Btu.' Do...... Texas Eastern Transmission Corp...... RP85-85-003 Btu.' specific CQA plan will assist in Oct. 21, 1985...... RP85-104-002 Btu.' improving the long-term performance of Oct. 22, 1985...... Alabama-Tennessee Natural Gas Co...... RP85-117-006 Btu.* Oct. 31, 1985...... Western Gas Interstate Co...... RP84-77-004 Report. hazardous waste land disposal facilities. Nov. 1, 1985...... Lawrenceburg Gas Transmission Corp...... RP73-37-013 Do. DO.:...... South Georgia Natural Gas Co...... RP83-49-003 Btu. The CQA plan is a site-specific Nov. 4, 1985....t ...... Mississippi River Transmission Corp...... RP72-149-922 Report. document that should be submitted 1 Refunds resulting from Btu Measurement Adjustments. Each company will retain its basic docket number and future related during permitting to satisfy EPA’s CQA filmgs receive new sub-docket numbers. requirements. At a minimum, the CQA plan should include five elements as summarized below. [FR Doc. 85-27845 Filed 11-20-85; 8:45 am] Requestors should be sure to cite the • The BILLING CODE 6717-01-M Responsibility and Authority. EPA number assigned to the document, responsibility and authority of all EPA/530-SW-85-021. The receive the organizations and key personnel document, requestors should be send involved in permitting, designing and ENVIRONMENTAL PROTECTION their names and addresses to CERI at AGENCY constructing the hazardous waste land this time. disposal facility should be described [S W5-FR L-2927-2] (2) The document will also be fully in the CQA plan. available for public inspection at the: • CQA Personnel Qualifications. The Construction Qaulity Assurance for Public Information Reference Unit, U.S. qualifications of CQA officer and Hazardous Waste Land Disposal Environmental Protection Agency, supporting inspection personnel should Facilities Room M2404, 401 M Street SW, be presented in the CQA plan to Washington, DC 20460 agency: Environmental Protection demonstrate that they possess the Agency. EPA Library (MD-35), U.S. training and experience necessary to Environmental Protection Agency, action: fulfill their identified responsibilities. Notice of Availability of Public Environmental Research Center, Comment Draft. • Inspection Activities. The Research Triangle Park, NC 27711 observations and tests that will be used s u m m a r y : The Environmental Protection EPA Library, U.S. Environmental to monitor the installation of the Agency (EPA) announces the Protection Agency, Andrew W. hazasrdous waste and disposal facility availability of a draft document entitled, Breidenbach Environmental Research components should be summarized in “Construction Quality Assurance for Center, Room 406, 26 W. St. Clair the CQA plan. Street, Cincinnati, Ohio 45268 Hazardous Waste Land Disposal • Sampling Requirements. The Facilities” for public review and and at all ten of the EPA Regional Office sampling activities, sample size, sample comment. The document will be Libraries during their operating hours. locations, frequency of testing, available for public comment on or Commentors must submit no later acceptance and rejection criteria, and about December 2,1985. Those persons than March 4,1986, comments in writing plans for implementing corrective interested in commenting on the addressed to: Project Officer— measures as addressed in the project document will be able to obtain copies Construction Quality Assurance, Land specifications, should be presented in as follows:. Pollution Control Division, Hazardous the CQA plan. (1) The document will be available in Waste Engineering Research • Documentation. Reporting single copy quantity from EPA at the Laboratory, U.S. Environmental requirements for CQA activities should following address: ORD Publication, Protection Agency, 26 West St. Clair be described in detail in the CQA plan. CERI-FRN/SW, U.S. Environmental Street, Cincinnati, Ohio 45268. This should include such items as daily Protection Agency, 26 West St. Clair d a t e s : The document will be available summary reports, inspection data Street, Cincinnati, Ohio 45268, 513/569- for public comment on or about sheets, problem identification and 7562. December 2,1985. Comments must be corrective measures reports, block 48130 Federal Register / Vdl. 50, No. 225 / Thursday, November 21, 1985 / Notices evaluation reports, design acceptance FEDERAL COMMUNICATION Name: Damco Offshore (Texas) Inc. reports, and final documentation. COMMISSION Address: 500 Dallas Street, #500, Provisions for the final storage of all Houston, TX 77002 records should also be presented in the Agency Information Collection Date revoked: November 4,1985 CQA plan. Activities Under OMB Review Reason: Surrendered license voluntarily The document describes these November 15,1985. Robert G. Drew, elements in detail and presents The following information collection Director, Bureau o f Tariffs. information of those activities pertaining requirements have been approved by [FR Doc. 85-27762 Filed 11-20-85; 8:45 am] to each of the elements that are the Office of Management and Budget. BILLING CODE 6730-01-M necessary to ensure, with a reasonable For further information contact Doris degree of certainty, that the facility Benz, FCC, (202) 632-7513. meets or exceeds the specified design. It OMB No.: 3060-0050 FEDERAL RESERVE SYSTEM is intended for the use of organizations Title: Application for Ship Radio involved in permitting, designing, and Inspection or Survey Bank of Virginia Co.; Acquisition of constructing hazardous waste land Form No.: FCC 801 Company Engaged in Permissible disposal facilities. The approval on FCC 801 has been Nonbanking Activities extended through 10/31/88. The October FOR FURTHER INFORMATION CONTACT: The organization listed in this notice 1984 edition with an OMB expiration Jonathan G. Herrmann, U.S. has applied under § 225.23(a)(2) or (f) of date of 12/31/85 will remain in use until the Board’s Regulation Y (12 CFR Environmental Protection Agency, updated forms are available. Hazardous Waste Engineering Research 225.23(a)(2) or (f)) for the Board’s Laboratory, 26 West St. Clair Street, OMB No.: 3060-0096 approval under section 4(c)(8) of the Cincinnati, Ohio 45268, 513/569-7839 or Title: Application for Ship Radio Station Bank Holding Company Act (12 USC License and Temporary Operating FTS: 684-7839. 1843(c)(8)) and § 225.21(a) of Regulation Authority Y (12 CFR 225.21(a)) to acquire or Dated: November 8,1985. Form No.: FCC 506/506-A control voting securities or assets of a Donald J. Ehreth, A revised application form FCC 506/ company engaged in a nonbanking Acting Assistant Administrator for Research 506-A has been approved for use activity that is listed in § 225.25 of and Development. through 11/30/88. The May 1984 edition Regulation Y as closely related to [FR Doc. 85-27790 Filed 11-20-85; 8:45 am] with an OMB expiration date of 3/31/86 banking and permissible for bank BILUNG CODE 6560-50-M will remain in use until revised forms holding companies. Unless otherwise are available. noted, such activities will be conducted Federal Communications Commission. throughout the United States. [OPPE-FRL-2928-1 ] William J. Tricarico, The application is available for S ecretary . immediate inspection at the Federal Farmworker Protection Standards for [FR Doc. 85-27781 Filed 11-20-85; 8:45 am] Reserve Bank indicated. Once the Agricultural Pesticides, Negotiated application has been accepted for BILUNG CODE 6712-01-M Rulemaking Advisory Committee; processing, it will also be available for Open Meeting imspection at the offices of the Board of Governors. Interested persons may FEDERAL MARITIME COMMISSION As required by section 9(a)(2) of the express their views in writing on the Federal Advisory Committee Act (Pub. Ocean Freight Forwarder License; question whether consummation of the L. 92-463), we are giving notice of an Revocations; Hasman Shipping Corp. proposal can "reasonably be expected open meeting of the Advisory etai. to produce benefits to the public, such Committee negotiating Farmworker as greater convenience, increased Protection Standards for Agricultural Notice is hereby given that the competition, or gains in efficiency, that Pesticides. The meeting will be held on following ocean freight forwarder outweigh possible adverse effects, such December 6,1985 at the Day’s Inn, 2000 licenses have been revoked by the as undue concentration of resources, Jefferson Davis Highway, Arlington, Federal Maritime Commission pursuant decreased or unfair competition, Virginia. The meeting will start at 9:00 to section 19 of the Shipping Act of 1984 conflicts of interests, or unsound a.m., and will last until completion. (46 U.S.C. App. 1718) and the regulations banking practices.” Any request for a of the Commission pertaining to the hearing on this question must be The purpose of this meeting is to work licensing of ocean freight forwarders, 46 accompanied by a statement of the on the substantive issus, which include CFR Part 510. reasons a written presentation would requirements for protective clothing, License No.: 262 not suffice in lieu of a hearing, reentry intervals, notification, training, Name: Hasman Shipping Corp. identifying specifically any questions of enforcement, greenhouses, nurseries, Address: 26 Broadway, Suite 1210, New fact that are in dispute, summarizing the and medical monitoring. York, NY 10004 evidence that would be presented at a If interested in attending or receiving Date revoked: October 20,1985 hearing, and indicating how the party more information, please contact Chris Reason: Failed to maintain a valid commenting would be aggrieved by Kirtiz at (202) 382-7565. surety bond approval of the proposal. Dated: November 18,1985. License No.: 2684 Comments regarding the application Milton Russell, Name: Quick Freight Inc. must be received at the Reserve Bank Address: P.O. Box 65-1803, Miami, FL indicated or the offices of the Board of Assistant Administrator for Policy, Planning 33265-1803 Governors not later than December 12, and Evaluation. Date revoked: October 31,1985 1985. [FR Doc. 85-27793 Filed 11-20-85; 8:45 am] Reason: Surrendered license voluntarily A. Federal Reserve Bank of Richmond BILLING CODE 6560-50-M License No.: 2801 (Lloyd W. Bostian, Jr., Vice President) Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices 48131

701 East Byrd Street, Richmond, Virginia A. Federal Reserve Bank of New York subsidiary bank, Farmers National Bank 23261: (William L. Rutledge, Vice President) 33 of Remington, Remington, Indiana), and 1. Bank o f Virginia Company, Liberty Street, New York, New York engage in general insurance activities in Richmond, Virginia; to acquire Internet, 10045: a place that has inadequate insurance Inc., Reston, Virginia, and thereby 1. K eycorp, Albany, New York and agency facilities, pursuant to section engage in providing electronic network Key Bancshares o f Maine, Inc., Augusta, 4(c)(8)(C)(ii) of the Act. These activities and switching services, pursuant to Maine: to engage d e novo through its would be conducted in the state of § 225.25(b)(7) of Regulation Y. subsidiary, Key Trust Company of Indiana. Board of Governors of the Federal Reserve Maine, Portland, Maine, in performing C. Federal Reserve Bank of System, November 15,1985. functions or activities that may be Minneapolis (Bruce J. Hedblom, Vice James McAfee, performed by a trust company (including President) 250 Marquette Avenue, activities of a fiduciary agent, or Associate Secretary o f the Board. Minneapolis, Minnesota 55480: custodial nature) in the manner [FR Doc. 85-27728 Filed 11-20-85; 8:45am] 1. Montana Bancsystem, Inc., Billings, authorized by federal or state law, BILLING CODE 6210-01-M Montana; to engage d e novo directly in pursuant to § 225.25(b)(3) of Regulation all normal lending, collection, and Y, but the institution will not be a bank Keycorp, et al; Applications To financing arrangements necessary and and will not make loans or investments Engage de Novo in Permissible desirable in the administration, or accept deposits other than: (i) Nonbanking Activities extension, renegotiations, and collection Deposits that are generated from trust of one specific loan pursuant to The companies listed in this notice funds not currently invested and that § 225.25(b)(1) of Regulation Y. This have filed an application under are properly secured to the extent activity would be conducted in various § 225.23(a)(1) of the Board’s Regulation required by law; (ii) deposits locales as are necessary and desirable Y (12 CFR 225.23(a)(1)) for the Board’s represening funds received for a special to effect the activity described below. approval under section 4(c)(8) of the use in the capacity of managing agent or Comments on this application must be Bank Holding Company Act (12 U.S.C. custodian for an owner of, or investor in, received not later than December 6, 1843(c)(8)) and § 225.21(a) of Regulation real property, securities, or other 1985! personal property; or for such owner or Y (12 CFR 225.21(a)) to commence or to D. Federal Reserve Bank of Dallas investor as agent or custodian of funds engage d e novo, either directly or (Anthony J. Montelaro, Vice President) held for investment or as escrow agent; through a subsidiary, in a nonbanking 400 South Akard Street, Dallas, Texas or for an issuer of, or broker or dealer in activity that is listed in § 225.25 of 75222: securities, in a capacity such as a paying Regulation Y as closely related to 1. Interfirst Corporation, Dallas, agent, dividend disbursing agent, or banking and permissible for bank Texas; to engage through its ^securities clearing agent; but such d e n ovo holding companies. Unless otherwise subsidiary, Interfirst Securities deposits will not be employed by or for noted, such activities will be conducted Company, Dallas, Texas, in securities the account of the customer in the throughout the United States. brokerage activities restricted to buying Each application is available for manner of a general purpose checking account or interest-bearing account; or and selling securities solely as agent for immediate inspection at the Federal the account of customers and will not Reserve Bank indicated. Once the (iii) making call loans to securities dealers or purchasing money market include securities underwriting, dealing, application has been accepted for or the provision of investment advice or processing, it will also be available for instruments or municipal securities, and bankers acceptances (such authorized research services, pursuant to inpsection at the offices of the Board of loans and investments, however, will § 225.25(b)(15) of Regulation Y. Governors. Interested persons may not be used as a method of channeling 2. Texas Commerce Bancshares, Inc., express their views in writing on die funds to nonbanking affiliates of the Houston, Texas; to engage d e n ovo question whether consummation of the trust company). These actitivies would through its subsidiary, Texas Commerce proposal can “reasonably be expected be conducted in the state of Maine. Brokerage Services, Inc., Houston, to produce benefits to the public, such B. Federal Reserve Bank of Chicago Texas, in securities brokerage activities as greater convenience, increased (Franklin D. Dreyer, Vice President) 230 restricted to buying and selling competition, or gains in efficiency, that South LaSalle Street, Chicago, Illinois securities solely as agent for the account outweigh possible adverse effects, such 60690: of customers and will not include as undue concentration of resources, 1. Boulevard Bancorp, Inc., Chicago, securities underwriting, dealing, or the decreased or unfair competition, Illinois; to engage d e n ovo directly in provision of investment advice or conflicts of interests, or unsound making, acquiring or servicing loans or research services, pursuant to banking practices.” Any request for a other extensions of credit for the § 225.25(b)(15) of Regulation Y. hearing on this question must be company’s account or the account of E. Federal Reserve Bank of San accompanied by a statement of the others pursuant to § 225.25(b)(1) of F ran cisco (Harry W. Green, Vice reasons a written presentation would Regulation Y. Some such loans will be President) 101 Market Street, San not suffice in lieu of a hearing, made to officers and directors of the Francisco, California 94105: identifying specifically any questions of company at rates below that of the 1. Valley National Corporation, fact that are in dispute, summarizing the general market, in which case it is Phoenix, Arizona; to engage d e novo evidence that would be presented at a expressly intended that a benefit in the through its subsidiary, Valley National hearing, and indicating how the party form of compensation be conferred on Financial Services Company (“Valley commenting would be aggrieved by the recipient. These activities would be National Financial”), San Diego, approval of the proposal. conducted in Chicago, Illinois, and its California, in consumer finance, sales Unless otherwise noted, comments surrounding suburbs. finance, leasing finance and commercial regarding the applications must be 2. Farmers National Bancorp, Inc., finance activities, pursuant to received at the Reserve Bank indicated Remington, Indiana; to retain Farmers § 225.25(b)(1) of Regulation Y. Applicant or the offices of the Board of Governors National Insurance Agency, Remington, also will engage through Valley National not later than December 10,1985. Indiana (a subsidiary of Applicant’s Financial in leasing of personal 48132 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices property, pursuant to § 225.25(b)(5) of National Bank, Turbotville, SUMMARY: This bulleting announces the Regulation Y. Applicant also will engage Pennsylvania. Comments on this award of a requirements contract for the through Valley National Financial in application must be received not later operation and continued maintenance of acting as an agent or broker for credit than December 12,1985. the U.S. Government National Credit life and disability insurance, pursuant to C. Federal Reserve Bank of Chicago Card (SF 149) program and provides § 225.25(b)(8) of Regulation Y. (Franklin D. Dreyer, Vice President) 230 information on procedures for ordering Board of Governors of the Federal Reserve South LaSalle Street, Chicago, Illinois the SF 149. System, November 15,1985. 60690: FOR FURTHER INFORMATION CONTACT: James McAfee, 1. First Colonial Bankshares Ms. Erika Vesey, National Fleet Associate Secretary o f the Board. Corporation, Chicago, Illinois; to acquire Management Division, FTS 285-2178/ [FR Doc. 85-27727 Filed 11-20-85; 8:45 am] at least 50.1 percent of the voting shares (703) 285-2178. BILLING CODE 6210-01-M of Community Bank & Trust Company of Edgewater, Chicago, Illinois. Comments GSA Bulletin FPMR G-170 on this application must be received not Transportation and Motor Vehicles Olde Windsor Bancorp, Inc., et al.; later than December 12,1985. Formations of; Acquisitions by; and 2. S um m corp, Fort Wayne, Indiana; to . To: Heads of Federal agencies. Mergers of Bank Holding Companies acquire 100 percent of the voting shares Subject: Ordering procedures for of American Bank & Trust Company, Standard Form (SF) 149, U.S. The companies listed in this notice Marion, Indiana. Comments on this Government National Credit Card. have applied for the Board’s approval application must be received not later under section 3 of the Bank Holding 1. P u rp ose. This bulletin announces than December 12,1985. Company Act (12 U.S.C. 1842) and the award of a requirements contract for D. Federal Reserve Bank of St. Louis § 225.14 of the Board’s Regulation Y (12 the operation and continued (Delmer P. Weisz, Vice President) 411 CFR 225.14) to become a bank holding maintenance of the U.S. Government Locust Street, St. Louis, Missouri 63166: company or to acquire a bank or bank National Credit Card (SF 149) program 1. First Breckinridge Bancshares, Inc., holding company. The factors that are and provides information on procedures Irvington, Kentucky; to acquire 80 considered in acting on the applications for ordering the SF 149. percent of the voting shares of The West are set forth in section 3(c) of the Act (12 2. Expiration date. This bulletin U.S.C. 1842(c)). Point Bank, West Point, Kentucky. expires September 30,1986. E. Federal Reserve Bank of Kansas Each application is available for 3. Background. GSA has awarded a City (Thomas M. Hoenig, Vice President) immediate inspection at the Federal requirements contract for the operation 925 Grand Avenue, Kansas City, Reserve Bank indicated. Once the and continued maintenance of the SF Missouri 64198: application has been accepted for 149 program. The SF 149 may be used to 1. United Community Corporation, processing, it will also be available for purchase fuel and services from Oklahoma City, Oklahoma; to acquire inspection at the offices of the Board of authorized vendors under a contract 11.44 percent of the voting shares of Governors. Interested persons may issued by the Defense Fuel Supply Liberty State Bancshares, Inc., express their views in writing to the Center (DFSC). Operation of the SF 149 Tahlequah, Oklahoma, thereby Reserve Bank or to the offices of the program will continue with the previous indirectly acquiring The Liberty State Board of Governors. Any comment on GSA contractor and there will be no Bank, Tahlequah, Oklahoma. an application that requests a hearing major operational changes for ordering F. Federal Reserve Bank of Dallas must include a statement of why a offices. However, with the award of the (Anthony J. Montelaro, Vice President) written presentation would not suffice in current GSA contract, GS-00F-88000, 400 South Akard Street, Dallas, Texas lieu of a hearing, identifying specifically the SF 149 is no longer included as an 75222: any questions of fact that are in dispute item under the Federal Supply Schedule 1. United Bankers, Inc., Waco, Texas; and summarizing the evidence that (FSC 75, Part VII, Class 7540). to acquire 100 percent of the voting * would be presented at a hearing. 4. Contract period. The GSA contract Unless otherwise noted, comments shares of Red Bird Bancshares, Inc., Dallas, Texas, thereby indirectly period is October 1,1985, to September regarding each of these applications 30,1986. must be received not later than acquiring Red Bird Bank of Dallas, 5. Contractor. The GSA contractor is: December 8,1985. Dallas, Texas. Faraday National Corporation, Post A. Federal Reserve Bank of Boston Board of Governors of the Federal Reserve Office Box 627, Herndon, Virginia 22070. (Richard E. Randall, Vice President) 600 System, November 15,1985. Telephone: FTS 285-2178, Commercial Atlantic Avenue, Boston, Massachusetts James McAfee, (703) 285-2178. 02106: Associate Secretary o f the Board. 1. Olde W indsor Bancorp, Inc., [FR Doc. 85-27729 Filed 11-20-85; 8:45 am] 6. Ordering instructions and price d a ta . Windsor, Connecticut; to acquire 100 BILUNG CODE 6210-01-M percent of the voting shares of New a. Nonautomated ordering. GAS has England Bank and Trust Company, developed instructions to replace the Enfield, Connecticut. Comments on this GENERAL SERVICES Federal Supply Schedule 75. The application must be received not later ADMINISTRATION instructions provide for continued use of than December 6,1985. the standard ordering formats B. Federal Reserve Bank of [GSA Bulletin FPMR G-170] previously included in the schedule. The Philadelphia (Thomas K. Desch, Vice GSA contract also increases the President) 100 North 6th Street, Ordering Procedures for Standard minimum order charge to $30.00 (1-44 Philadelphia, Pennsylvania 19105: Form (SF) 149, U.S. Government credit cards). The cost for 45 or more 1. Commonwealth Bancs hares National Credit Card cards is $0.683 per card. Copies of the Corporation, Williamsport, AGENCY: Federal Supply Service, GSA. ordering instructions may be obtained Pennsylvania; to acquire 18 percent of by calling GSA personnel at the ACTION: GSA Bulletin. the voting shares of The Turbotville contractor’s facility. Federal Register / Vol. 50,* No. 225 / Thursday,' November1 21, 1985' / Notices 48133

b. Automated ordering. Agencies with Office of Inspector General, Department Personnel Records System (OPM/ aùtomated credit card ordering systems of Health and Human Services, Room GOVT-1), 47 FR 16489 (April 16,1982) should continue to use the U.S. 5640A, HHS North Building, 330 will be matched against the Federation Government Credit Card Program Independence Avenue, SW,, of State Medical Boards of the United specifications and instructions issued by Washington, DC 20201. States, Inc. computerized disciplinary GSA. The cost per credit card for SUPPLEMENTARY INFORMATION: The data bank. automated credit card ordering systems, Office of Inspector General has initiated d. P eriod o f the M atch: This match including magnetic tapes processed for a project to determine whether will begin in November 1985 and will be the United States Department of disciplinary actions have been taken completed within 3 months. Agriculture, is $0.621, with no minimum against HHS full time physician e. : Records used in this order charge. Orders should continue to S afegu ards employees, by State medical licensing match will be maintained under strict be called in to the GSA personnel at the boards, which would raise questions security. Access to the computer files contractor’s facility. Agencies with about their ability to provide and printed information is restricted to automated credit card ordering systems professional health care to the patient only those persons associated with the should establish a single purchase order' population served. The purpose of the matching program on a “need-to-know” for the term of the new GSA contract. project is to evaluate the Department’s basis. The records will be kept in locked 7. Assistance and information. procedures for identifying these file cabinets and under the control of the Additional assistance and information physicians and to determine whether Office of Inspector General. All concerning the new S F 149 ordering appropriate corrective action has been computer source tapes will be returned procedures may be obtained by taken. Set forth below is the information within 60 days of the match. We protect contacting GSA. personnel at the required by paragraph 5.f.l of the all computer tapes by the use of contractor’s facility. • Revised Supplemental Guidance for passwords to prohibit unauthorized By delegation of the Assistant Conducting Computerized Matching access. All computer files are Administrator. Programs issued by the Office of safeguarded in accordance with the James J, Grady, Jr., Management and Budget, 47 FR 21656 provisions of the National Bureau of Director of Policy and Agency Assistance. (May 19,1982). A copy of this notice has Standards Federal Information [FR Doc. 85-27757 Filed 11-20-85; 8:45 am] been furnished to both Houses of Processing Standards 41 and HHS ADP BILLING CODE 6820-24-M Congress and the Office of Management Systems Manual, Part 6, “ADP Systems and Budget. Security.” Dated: October 28,1985. f. Retention and Disposition of DEPARTMENT OF HEALTH AND Richard P. Kusserow, Records'. Records on DHHS employees HUMAN SERVICES Inspector General. produced in the match will only be maintained where the information meets Report of Matching Program: HHS Office of the Secretary predetermined criteria indicating a Physician Records/Federation of State serious problem requiring administrative Privacy Act of 1974; Matching Medical Boards of the United States, Inc. action. All records maintained will be Program— HHS Physician Records/ Disciplinary Records Federation of State Medical Boards of destroyed within 6 months except for a. A uthority. Pub. L. 94-505 those records which are necessary to the United States, Inc. Disciplinary b. Program Description : The Office of Records the completion of pending Inspector General plans to conduct a administrative activities of the matching a g e n c y : Department of Health and match of HHS full time physician program. Paper listings will either be Human Services. employees identified as holding shredded or burned. The data will be positions involving the provision of a c t io n : Notification of Matching verified to insure accuracy prior to any professional health care, against the Program—HHS Physician Records/ dissemination of records on individuals. Federation of State Medical Boards of Federation of State Medical Boards of [FR Doc. 85-27822 Filed 11-20-85; 8:45 am] ' the United States, Inc. Computerized the United States, Inc. Disciplinary BILLING CODE 4150-04-M Records. disciplinary data bank, to verify and update information on disciplinary s u m m a r y : The Department of Health actions by state medical licensing and Human Services (DHHS) is boards. Raw hits will be reviewed and Food and Drug Administration providing notice that the Office of verified as necessary with Federal, Inspector General intends to conduct a State, and local officials. The [Docket No. 85M-0512] match of DHHS physician records information will be used to evaluate the against physician disciplinary records of Department’s procedures for identifying SoftSite Contact Lens Laboratory: the Federation of State Medical Boards employees providing medical services Premarket Approval of SoftSite® of the United States, Inc. A matching whose actions raise questions about (Hefilcon B) Bifocal Contact Lenses report is set forth below: their ability to provide professional and Bausch & Lomb® (Hefilcon B) d a t e : The match will begin in November health care. The information will also be Crescent Bifocal Contact Lenses 1985. used to determine whether the Department is taking appropriate AGENCY: Food and Drug Administration. a d d r e s s : Send all comments to Office corrective action upon learning of these of Public Affairs, Office of Inspector a c t i o n : Notice. disciplinary actions. Information on General, Department of Health and specific cases identified during the s u m m a r y : Human Services, Room 5640A, HHS The Food and Drug match will be furnished to appropriate North Building, 330 Independence Administration (FDA) is announcing its officials in the Department where Avenue, SW., Washington, DC 20201. approval of the supplemental administrative action may be necessary. application submitted by SoftSite fo r f u r t h e r information c o n t a c t : c. Records to be Matched: Records on Contact Lens Laboratory, Coral Gables, Judy Holtz, Office of Public Affairs, DHHS physicians from the General FL, for premarket approval, under the 48134 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices

Medical Device Amendments of 1976, of CDRH—contact Richard E, Lippman above) two copies of each petition and the SoftSite® (hefilcon B) Bifocal Contact (HFZ-460), address above. supporting data and information, Lenses and the BAUSCH & LOMB® The labeling of the SoftSite® (hefilcon identified with the name of the device (hefilcon B) Crescent Bifocal Contact B) Bifocal Contact Lenses and of the and the docket number found in Lenses. After reviewing the BAUSCH & LOMB® (hefilcon B) brackets in the heading of this recommendation of the Ophthalmic Crescent Bifocal Contact Lenses states document. Received petitions may be Devices Panel, FDA’s Center for Devices that the lenses are to be used only with seen in the office above between 9 a.m. and Radiological Health (CDRH) certain solutions for disinfection and and 4 p.m., Monday through Friday. notified the applicant of the approval of other purposes. The restrictive labeling This notice is issued under the Federal the application. informs new users that they must avoid Food, Drug, and Cosmetic Act (secs. using certain products, such as solutions 515(d), 520(h), 90 Stat. 554-555, 571 (21 d a t e : Petitions for administrative intended for use with hard contact review by December 23,1985. U.S.C. 360e(d), 360j(h)) and under lenses only. The restrictive labeling authority delegated to the Commissioner ADDRESS: Written requests for copies of needs to be updated periodically, of Food and Drugs (21 CFR 5.10) and the summary of safety and effectiveness however, to refer to new lens solutions redelegated to the Director, Center for data and petitions for administrative that CDRH approves for use with Devices and Radiological Health (21 review to the Dockets Management approved contact lenses made of CFR 5.53). Branch (HFA-305), Food and Drug polymers other than Dated: November 14,1985. Administration, Rm. 4-62, 5600 Fishers polymethylmethacrylate, to comply with John C. Villforth, Lane, Rockville, MD 20857. the Federal Food, Drug, and Cosmetic FOR FURTHER INFORMATION CONTACT: Act (the act) (21 U.S.C. 301 et seq.), and Director, Center for Devices and Radiological H ealth. Richard E. Lippman, Center for Devices regulations thereunder, and with the [FR Doc. 85-27737 Filed 11-20-85; 8:45 am] and Radiological Health (HFZ-460), Federal Trade Commission Act (15 Food and Drug Administration, 8757 U.S.C. 41-58), as amended. Accordingly, BILLING CODE 4160-01-M Georgia Ave., Silver Spring, MD 20910, whenever CDRH publishes a notice in the Federal Register of the approval of a 301-427-7940. [Docket No. 85M-0511] SUPPLEMENTARY INFORMATION: On new solution for use with an approved January 19,1984, SoftSite Contact Lens lens, the applicant shall correct its Product Development Corp.; Laboratory, Coral Gables, FL 33146, labeling to refer to the new solution at Premarket Approval of PDC® submitted to CDRH a supplemental the next printing or at any other time (Polymacon) Hydrophilic Contact Lens application for premarket approval of CDRH prescribes by letter to the AGENCY: Food and Drug Administration. the SoftSite® (hefilcon B) Bifocal Contact applicant. Lenses and the BAUSCH & LOMB® Opportunity for Administrative Review ACTION: Notice. (hefilcon B) Crescent Bifocal Contact Section 515(d)(3) of the act (21 U.S.C. SUMMARY: The Food and Drug Lenses. The lenses range in powers from 360e(d)(3)) authorizes any interested Administration (FDA) is announcing its —6.00 diopters (D) to 4-6.00 D with add person to petition, under section 515(g) approval of the application by Product powers from 4-1.00 D to +3.50 D and of the act (21 U.S.C. 360e(g)), for Development corp., Little Rock, AR, for are indicated for daily wear for the administrative review of CDRH’s premarket approval, under the Medical correction of visual acuity in not- decision to approve this application. A Device Amendments of 1976, of the aphakic presbyopic persons with petitioner may request either a formal PDC® (polymacon) Hydrophilic Contact nondiseased eyes that are myopic or hearing under Part 12 (21 CFR Part 12) of Lens. The lens is to be manufactured hyperopic. The lenses may be worn by FDA’s administrative practices and under an agreement with International persons with refractive astigmatism of procedures regulations dr a review of Hydron Corp., Woodbury, NY, which 1.50 D or less or corneal astigmatism of the application and of CDRH’s action by has authorized Product Development 2.00 D or less that does not intefere with an independent advisory committee of Corp. to incorporate by reference visual acuity. The lenses are to be experts. A petition is to be in the form of information contained in its approved disinfected using either a heat or a pétition for reconsideration under premarket approval application for the chemical lens care system. § 10.33(b) (21 CFR 10.33(b)). A petitioner Hydron® (polymacori) Hydrophilic On October 23,1984, the Ophthalmic shall identify the form of review Contact Lens. After reviewing the Devices Panel, an FDA advisory requested (hearing or independent recommendation of the Ophthalmic committee, reviewed and recommended advisory committee) and shall submit Devices Panel, FDA’s Center for Devices approval of the application. On with the petition supporting data and and Radiological Health (CDRH) September 30,1985, CDRH approved the information showing that there is a notified the applicant of the approval of application by a letter to the applicant genuine and substantial issue of the application. from the Director of the Office of Device material fact for resolution through DATE: Petitions for administrative Evaluation, CDRH. administrative review. After reviewing review by December 23,1985. A summary of the safety apd the petition, FDA will decide whether to effectiveness data on which CDRH grant or deny the petition and will ADDRESS: Written requests for copies of based its approval is on file with the publish a notice of its decision in the the summary of safety and effectiveness Dockets Management Branch (address Federal Register. If FDA grants the data and petitions for administrative above) and is available from that office petition, the notice will state the issue to review to the Dockets Management upon written request. Requests should be reviewed, the form of review to be Branch (HFA-305), Food and Drug be identified with the name of the used, the persons who may participate Administration, Rm. 4-62, 5600 Fishers device and the docket number found in in the review, the time and place where Lane, Rockville, MD 20857. brackets in the heading of this the review will occur, arid other details. FOR FURTHER INFORMATION CONTACT: document. Petitioners may, at any time on or Richard E. Lippman, Center for Devices A copy of all approved labeling is before December 23,1985, file with the and Radiological Health (HFZ-460), available for public inspection at Dockets Management Branch (address Food and Drug Administration, 8757 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices 48135

Georgia Ave., Silver Spring, MD 20910, Federal Trade Commission Act (15 Dated: November 14,1985. 301-427-7940. U.S.C. 41-58), as amended. Accordingly, John C. Villforth, SUPPLEMENTARY INFORMATION: On June whenever CDRH publishes a notice in Director, Center for Devices and Radiological 20,1985, Product Development Corp., the Federal Register of the approval of a H ealth, Little Rock, AR 72203, submitted to new solution for use with an approved (FR Doc. 85-27739 Filed 11-20-85; 8:45 am] CDRH an application for premarket lens, the applicant shall correct its BILLING CODE 4160-01-M approval of the PDC® (polymacon) labeling to refer to the new solution at Hydrophilic Contact Lens. The lens the next printing or at any other time ranges in powers from -20.00 diopters CDRH prescribes by letter to the Health Resources and Services to +20.00 diopters and is indicated for applicant. Administration daily wear for the correction of visual Medical Reimbursement Rates for acuity in aphakic and not-aphakic Opportunity for Administrative Review Fiscal Year 1986; Inpatient and persons with nondiseased eyes that are Outpatient Medical Care myopic or hyperopic. The lens may be Section 515(d)(3) of the act (21 U.S.C. worn by persons who may exhibit 360e(d)(3)) authorizes any interested Notice is given that the Assistant astigmatism of 1.50 diopters or less person to petition, under section 515(g) Secretary for Health, under the authority which does not interfere with visual of the act (21 U.S.C. 360e(g)), for of sections 321(a) and 322(b) of the acuity. It is to be disinfected by either administrative*review of CDRH’s Public Health Service Act (42 U.S.C. heat or chemical lens care systems. The decision to approve this application. A 248(a) and 249(b)), has approved the application included authorization from petitioner may request either a formal following reimbursement rates for International Hydron Crop., Woodbury, hearing under Fart 12 (21 CFR Part 12) of inpatient and outpatient medical care in NY 11797, to incorporate by reference FDA’s administrative practices and facilities operated by the Health the information contained in its procedures regulations or a review of Resources and Services Administration approved premarket approval the application and of CDRH’s action by for Fiscal Year 1986: Emergency Non- Beneficiaries, Beneficiaries of Other application for the Hydron® (polymacon) an independent advisory committee of Federal Agencies, Medicare and Hydrophilic Contact Lens (Docket No. experts. A petition is to be in the form of 79M-0244). Medicaid Beneficiaries. a petition for recgnsideration under On july 15,1985, the Ophthalmic § 10.33(b) (21 CFR 10.33(b)). A petitioner Inpatient Services Per Day Devices Panel, an FDA advisory shall identify the form of review Hospital—$347 committee, reviewed the application and requested (hearing or independent Physician—$20 recommended approval of it. On advisory committee) and shall submit (In Alaska—Hospital $421, Physician September 19,1985, CDRH approved the with the petition supporting data and $22) application by a letter to the applicant Outpatient—$66 Per Visit from the Director of the Office of Device information showing that there is a (In Alaska—$112 Per Visit) Evaluation, CDRH. genuine and substantial issue of A summary of the safety and material fact for resolution through Dated: November 14,1985. effectiveness data on Which CDRH administrative review. After reviewing James O. Mason, M.D., Dr. P.H., based its approval is on file with the the petition, FDA will decide whether to Acting Assistant Secretary for Health. - Dockets Management Branch (address grant or deny the petition and will [FR Doc. 85-27766 Filed 11-20-85; 8:45 am] above) and is available from that office publish a notice of its decision in the BILLING CODE 4160-17-M upon written request. Requests should Federal Register. If FDA grants the be identified with the name of the petition, the notice will state the issue to device and the-docket number found in be reviewed, the form of review to be Public Health Service brackets in the heading of this used, the persons who may participate National Center for Health Services document. in the review, the time and place where Research and Health Care Technology A copy of all approved labeling is the review will occur, and other details. Assessment; Correction available for public inspection at Petitioners may, at any time on or CDRH—contact Richard E. Lippman before December 23,1985, file with the In Federal Register notice Vol. 50, No. (HFZ-460), address above. Dockets Management Branch (address 210, p. 45167, of October 30,1985, the The labeling of the PDC® (polymacon) above) two copies of each petition and Public Health Service through the Office of Health Technology Assessment Hydrophilic Contact Lens states that the supporting data and information, lens is to be used only with certain (OHTA) announced the assessment of identified with the name of the device solutions for disinfection and other electrocoagulation for the treatment of and the docket number found in purposes. The restrictive labeling gastrointestinal bleeding. The brackets in the heading of this informs new users that they must avoid announcement should read assessment using certain products, such as solutions document. Received petitions may be of laser photocoagulation for the intended for use .with hard contact seen in the office above between 9 a.m. treatment of gastrointestinal bleeding. lenses only. The restrictive labeling and 4 p.m., Monday through Friday. The introductory paragraph should needs to be updated periodically, This notice is issued under the Federal read as follows: however, to refer to new lens solutions Food, Drug, and Cosmetic Act (secs. In continuation of the Federal Register that CDRH approves for use with 515(d), 520(h), 90 Stat. 554-555, 571 (21 notice in Vol. 48, No. 82, p. 19081 of approved contact lenses made of U.S.C. 360e(d), 360j(h))) and under April 27,1983, the Public Health Service polymers other than authority delegated to the Commissioner (PHS), through the Office of Health polymethylmethacrylate, to comply with of Food and Drugs (21 CFR 5.10) and Technology Assessment (OHTA), the Federal Food, Drug, and Cosmetic redelegated to the Director, Center for announces that it is seeking additional Act (the act) (21 U.S.C. 301 et seq.), and Devices and Radiological Health (21 information in coordinating an regulations thereunder, and with the CFR 5.53). assessment of the safety, clinical 48136 Federal Register / Vol. 50, No, 225 / Thursday, November 21, 1985 / Notices effectiveness, and indications for The Secretary of Health and Human Retirement Insurance; 13.805 Social Security- endoscopic laser photocoagulation in Services has delegated the authority to Survivors Insurance) the treatment of upper gastrointestinal make such a finding to the Dated: November 14,1985. bleeding. Specifically, this assessment Commissioner of Social Security. The Elizabeth K. Singleton, seeks to determine whether data exists Commissioner has redelegated that Director International Policy Staff. to support a coverage determination authority to the Director of the [FR Doc. 85-27742 Filed 11-20-85; 8:45 amj regarding the safety and clinical International Policy Staff. Under that BILLING CODE 4190-11-M effectiveness of endoscopic Nd:YAG authority the Director of the and Argon laser photocoagulation for International Policy Staff has approved the treatment of upper gastrointestinal a finding that the Republic of Seychelles, bleeding caused by gastric or duodenal beginning March 1,1979, has a social DEPARTMENT OF THE INTERIOR ulcers, Mallory-Weiss tears, varices, or insurance system of general application vascular anomalies. in effect which pays periodic benefits, or Fish and Wildlife Service Dated: November 15,1985. the actuarial equivalent thereof, on Information Coliection Submitted to Morgan N. Jackson, M.D., account of old age, retirement, or death, but that under this social insurance the Office of Management and Budget Acting Director, Office o f Health Technology system, citizens of the United States for Review Under the Paperwork Assessment, National Center for Health Reduction Act Services Research and Health Care who are not citizens of the Republic of Seychelles, and who leave the Republic Technology Assessment. The proposal forthe collection of [FR Doc. 85-27812 Filed 11-20-85; 8:45 amj of Seychelles, are not permitted to receive such benefits, or their actuarial information listed below has been BILLING CODE 4160-17-« equivalent, at the full rate without submitted to the Office of Management qualification or restriction while outside and Budget (OMB) for approval under Social Security Administration that country. the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Republic of Seychelles: Finding Accordingly, it is hereby determined and found that the Republic of Copies of the proposed information Regarding Foreign Social Insurance of collection requirement and related forms Pension System Seychelles has in effect, beginning March 1,1979, a social insurance system and explanatory material may be agency: Social Security Administration, which meets the requirements of section obtained by contacting the Service’s HHS. 202(t)(2)(A) of the Social Security Act clearance officer at the phone number . action: Notice of Finding Regarding (42 U.S.C. 402(t)(2)(A)), but not the listed below. Comments and suggestions Foreign Social Insurance or Pension requirements of section 202{t)(2)(B) of on the requirement should be made System) Republic of Seychelles. the Act (42 U.S.C. 402(t)(2)(B)). directly to the Service clearance officer Subparagraphs (A) and (B) of section and the OMB Interior Desk Officer, Finding: Section 202(t)(l) of the Social 202(t)(4) of the Social Security Act (42 Washington, DC 20503, telephone 202- Security Act (42 U.S.C. 402(t)(l)) U.S.C. 402(t)(4)(A) and (B)) provide that, 395-7313. prohibits payment of monthly benefits to subject to certain residency T itle: Reporting and Sealing any individual who is not a United requirements of section 202(t)(ll), Requirements for Walrus, Polar Bear States citizen or national for any month Section 202(t)(l) shall not be applicable and Sea Otter. after he or she has been outside the to benefits payable on the earnings United States for 6 consecutive months. A bstract: The Marine Mammal record of an individual who has 40 This prohibition does not apply to such Protection Act of 1972 exempted the quarters of coverage under Social an individual where one of the killing, generally without restriction, of Security or who has resided in the exceptions described in sections polar bear, walrus, and sea otter to United States for a period or periods 202(t)(2) through 202(t)(5) of the Social Natives who dwell along the coast of aggregating 10 years or more. However, Security Act (42 U.S.C. 402(t}(2) through Alaska. Mandatory sealing and the provisions of subparagraphs (A) and (t)(5)} affects his or her case. reporting regulations will provide (B) of section 202(t)(4) shall not apply to Section 202(t)(2) of the Social Security information on the kill and the health of an individual who is a citizen of a Act provides that, subject to certain the populations and aid the Service to foreign country that has in effect a- make decisions on management. residency requirements of section social insurance or pension system 202(t)(ll), the prohibition against which is of general application in such Form Number(s): R7-50, R7-50a, R7- payment shall not apply to any country and which satisfies the 51, and R7-52. individual who is a citizen of a country provisions of subparagraph (A) of F requ en cy: On Occasion, which the Secretary of health and section 202(t)(2) but not the provisions Description o f Respondents: Alaska Human Services finds has in effect a of subparagraph (B) of section 202(t)(2). Natives. social insurance or pension system which is of general application in such By virtue of the finding herein, the A nnual R esp on ses: 5,000. country and which: provisions of subparagraph (A) and (B) A nnual Burden H ours: 1,250. (a) Pays periodic benefits, or the of section 202(t)(4) do not apply to Service Clearance Officer: Arthur J. actuarial equivalent thereof, on account citizens of the Republic of Seychelles. Ferguson, 202-653-7499, Room 859, of old age, retirement, or death; and FOR FURTHER INFORMATION CONTACT: Riddell Building, U.S. Fish and Wildlife (b) Permits individuals who are Roy G. Hatch, Room 1104, West High Service, Washington, DC 20240. United States citizens but not citizens of Rise Building, 6401 Security Boulevard, Dated: October 7,1985. Baltimore, Maryland 21235, (301) 594- that country and who qualify for such Ronald E. Lambertson, benefits to receive those benefits, or the 6122. Associate Director—W ildlife Resources. actuarial equivalent thereof, while (Catalog of Federal Domestic Assistance outside the foreign country regardless of Programs No. 13.802 Social Security— [FR Doc. 85-27821 Filed 11-20-85; 8:45 am) the duration of the absence. Disability Insurance; 13.803 Social Security- BILLING CODE 4310-55-M Federal Register / Voi. 50, No. 225 / Thursday, November 21, 1985 / Notices 48137

Availability of a Draft Environmental education, interpretation and wildlife 5 In the fourteenth line, “N EW Impact Statement on the Great Swamp oriented recreation. Specific actions should read "NW W and the second National Wildlife Refuge Master Plan include: trail system expansion, land "SW W should read “S E W . acquisition, upgrading water a g e n c y : Fish and Wildlife Service, 6. In the second column, Sec. 26, in the management capabilities, increased Interior. third line, “N W should read "NW W . production of selected wildlife species BILLING CODE 1505-01-M a c t io n : Notice. and actions to minimize impacts of s u m m a r y : This notice advises the public watershed development outside the that the Draft Environmental Impact refuge. [A-21410] Statement on the Master Han for the 3. Public Use Alternative—expands Great Swamp National Wildlife Refuge options for public access, and for Federal Land Exchange; Cochfee and in Morris County, New Jersey is wildlife education and interpretation Maricopa Counties, AZ available for public review. Comments while .maintaining wildlife habitat and suggestions are requested. diversity through moderate management AGENCY: Bureau of Land Management The statement discusses four activities. Proposed public uses include (BLM), Interior. management and development canoeing, fishing, horseback riding alternatives for the future management trails, additional visitor contact points ACTION: Receipt of Exchange Proposal— of the refuge. and 79 additional parking spaces. Land Exchange, Federal Lands in Cochise and acquisition would include floodplains of d a t e : Written comments are requested Maricopa Counties, Arizona. by January 31,1988. A public meeting some streams which flow into the SUMMARY: On November 7,1985, the will be held in Basking Ridge, New refuge. Self guided trails will connect the Bureau of Land Management received a Jersey on December 17,1985 at 7:00 p.m. refuge trail systems to adjacent county land exchange proposal from H.B. Bell at the Somerset County Environmental environmental centers. Investments (Arizona), Incorporated. Education Center. 4. W ildlife Management Alternative— closes Pleasant Plains Road to through The exchange proponent proposes to a d d r e s s : Comments should be exchange approximately 44,000 acres of addressed to Howard N. Larsen, traffic and intensifies most wildlife private land located along the San Pedro Regional Director, U.S. Fish and Wildlife management activities, especially for River in Cochise County for federal Service, One Gateway Center, Newton woodcock and waterfowl. An lands of equal value located west of the Corner, Massachusetts 02158. alternative deer control plan proposed by a private citizen, Mr, Charles Lane, is White Tank Mountains in Maricopa FOR FURTHER INFORMATION CONTACT: considered. Raccoon control will be County, Arizona. Mr. Curtis A Laffin, U.S. Fish and implemented. Major management An Environmental Assessment is Wildlife Service, One Gateway Center, changes include acquisition of land currently being prepared to determine if Newton Corner, Massachusetts 02158 which may be flooded by raising dikes, the exchange is a viable proposal. (617) 965-5100, X222. and woodcock habitat management Dated: November 14,1985. Individuals wishing copies of the DEIS which would set back successional Marlyn V. Jones, should immediately contact the above stages of upland habitat. individual. Copies have been sent to all District Manager. Dated: November 14,1985. agencies and organizations who [FR Doc. 85-27839 Filed 11-20-85; 8:45 am) participated in the scoping process. Wiliam C. Ashe, BILLING CODE 4310-32-M Copies will be available for examination A ding Regional Director. at FWS, One Gateway Center, in [FR Doc. 85-27826 Filed 11-20-85; 8:45 amj Newton Comer, Massachusetts and at BILLING CODE 4310-55-M Colorado; Intent To Prepare a Realty the Great Swamp National Wildlife Amendment to the Royal Gorge Refuge Headquarters, Pleasant Plains Management Framework Plan Road, Basking Ridge, New Jersey. Bureau of Land Management SUPPLEMENTARY INFORMATION: AGENCY: Bureau of Land Management, This [C-40672I environmental impact statement Interior. addresses a comprehensive land use Emergency Coat Lease Offering by ACTION: Request for public comments on plan that will set forth long-term (ten to Sealed Bid; Routt County, CO the proposed issues, criteria, and 20 years) objectives for resource alternatives to be used in the Realty C orrection management and public use on the Amendment/Environmental refuge. In FR Doc. 85-27225, beginning on Assessment. The alternatives that are anlayzed page 47281 in the issue of Friday, and evaluated in the DEIS are: November 15,1985, make the following s u m m a r y : The proposed amendment 1. No A ction—will perpetuate current corrections on page 47282, in the would add a new lands (realty} decision management practices and levels of description of Township 4 North, Range to the plan which establishes criteria for public use, habitat and wildlife 87 W est 6th PM a lands suitable for exchange. These population protection, water 1. In the first column, Sec, 24, in the criteria will them be applied to a two management in the refuges five township area located in Park County, freshwater impoundments, management second line, “the part” should read "that part”. Colorado. This action is necessary to of upland field and forest habitat, clarify plan decisions relating to 2. In the third line, “S W should read wildlife surveys and bird banding. exchange so that applications may be “SE W . 2. Proposed Action—v j\W emphasize further reconsidered. wetland and upland habitat 3. In the seventh line, “northest” improvement for species of special should read “northeast”. DATES: This notice initiates a 45 day emphasis and many other species. Other 4. In the eleventh line, insert "in th e ” public comment period on the enhancements will expand wildlife after "seam ”. preliminary issues criteria and 48138 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices alternatives to be used in the proposed available for review at the following SUMMARY: Off-road vehicle use on BLM amendment/environmental assessment. pulbic libraries or obtainable at the Bakersfield District administered lands ADDRESS: Comments should be following BLM offices: in Kern, Tulare, Kings, San Luis Obispo, addressed to: L. Mac Berta, Area Harney County Library, 80 West ‘D’ Santa Barbara and Ventura counties is Manager, Bureau of Land Management, Street, Burns, OR 97720 (503) 573-6670 designated as limited to existing routes 9th and Royal Gorge Blvd., P.O. Box Grant County Library, 507 S. Canyon of travel except for the following closed 1470, Canon City, Colorado 81212. Boulevard, John Day, OR 97845 (503) routes/areas: FOR FURTHER INFORMATION CONTACT: 575-1992 1. Vehicle access to the Pt. Sal Interested persons may obtain the BLM—Burns District Office, 74 South Management Area to protect sensitive preliminary issues, criteria, and Alvord Street, Burns, OR 97720 (503) archaeological resources. 573-5241 alternatives to be used in the proposed 2. The critical habitat area in the Blue BLM—Oregon State Office (912), 825 amendment/environmental assessment Ridge Management Area to protect N.W. Multnomah Street, Portland, OR endangered species habitat for the by contacting the above address. 97208 (503) 231-6274 supplementary information : California Condor. This SUPPLEMENTARY INFORMATION: The plan amendment is being proposed to clarify 3. The road to the Advance Site in the outlines the various management the Royal Gorge Management North Fork Management Area to protect directions the Bureau of Land archaeological resources. Framework Plan decisions issued in Management will be taking in the 1978 relating to exchange in Township 4. The Piute-Cypress groves in the coming years on the public land in 13 S., Ranges 73 and 74 W., 6th P.M., Isabella Management Area to protect Diamond Craters Outstanding Natural the Unique scientific values of the Piute Park County, Colorado. These two Area. townships contain approximately 10,793 Cypress (Cupressus nevadensis The Diamond Craters Recreation Abrams). acres of public land. Management Plan—Final covers 16,656 5. Spur road access (to protect known Criteria developed during this acres of BLM administered land within planning process will be applied to archaeological resources) at the junction the Three Rivers Resource Area which of primitive vehicle trails located in: s . determine which lands are suitable for encompasses the central portion of further consideration for exchange. The Harney County, Oregon. NE WNE Vi Section 2, T. 24 S., R. 36 E., criteria will interpret for this locale the M.D.B.M. legal requirements of 43 U.S.C. 1716. Dated: November 8,1985. NEV^NE^A Section^, T. 24 S., R. 36 E., Alternatives considered will include a Thomas R. Thompson, Jr., M.D.B.M. No Action (no plan amendment) Acting District Manager. SWy4NWy4 Section 28, T. 23 S., R. 36 E., alternative and others based on the M.D.B.M. [FR Doc. 85-27840 Filed 11-20-85; 8:45 am] NEy4SEy4 Section 11, T. 25 S., R. 36 E., criteria developed. The plan BILLING CODE 4310-33-M M.D.B.M. . amendment/environmental assessment NEy4NWy4 Section 35, T. 26 S., R. 32 E., will be prepared in conformance with M.D.B.M. the requirements of 40 CFR Parts 1500- Postponement of Grazing Advisory NEy4SEy4, and NWy4SEy4SEy4 Sec. 25, T. 26 1508 and 43 CFR Parts 1600-1610. Board Meeting S., R. 32 E., M.D.B.M. Donnie R. Sparks, AGENCY: Bureau of Land Management, 6. The Congressionally ordered District Manager. Interior; Susanville District Grazing vehicle closure of the Pacific Crest [FR Doc. 85-27756 Filed 11-20-85; 8:45 am] Advisory Board; Susanville, California National Scenic Trail will still be in BILLING CODE 4310-JB-M 96130. effect. ACTION: Notice of Postponement of SUPPLEMENTARY INFORMATION: These Oregon; Diamond Craters Recreation Meeting. designations are made in accordance Management Pian; Final with the authority and requirements of s u m m a r y : Notice is hereby given that Executive Orders 11644 and 11989 and AGENCY: Bureau of Land Management, the meeting of the Susanville District regulations contained in 43 CFR Part Interior. Grazing Advisory Board that was to be 8340. a c t i o n : Burns District, Oregon: Notice held in Cedarville, California, on The affected public lands include of Availability of Diamond Craters November 26,1985, with a notice being 476,790 acres of federal surface Recreation Management Plan—Final placed in the Federal Register October management responsibility in western and Public Review Period. 10,1985, Volume 50, No. 197 page 41423, Kern, Tulare, Kings, San Luis Obispo, is postponed. The new date for the Santa Bara and Ventura counties. These s u m m a r y : Notice is hereby given that meeting is December 18,1985, designations are based on land use the Diamond Craters Récréation C. Rex Cleary, decisions made in the 1984 Coast/Valley Management Plan—Final will be D istrict M anager. Resource Management Plan (RMP) and available for public review after the South Sierra Foothills Management [FR Doc. 85-27841 Filed 11-20-85; 8:45 am] December 2,1985. Framework Plan (MFP). The RMP/ The 30-day public review period will BILLING CODE 4310-40-M Environmental Impact Statement and continue from December 2 to December MFP/Off-Road Vehicle Route ' 31,1985, and the management decisions Designations Environmental shown in the final document will be Off-Road Vehicle Designations; Assessment are available for public implemented after this time. California review in the Caliente Resource Area FOR FURTHER INFORMATION CONTACT: office of the Bakersfield District. Joshua L. Warburton, Burns District a g e n c y : Bureau of Land Management, Designations Manager, Burns District Office, 74 South Interior. Alvord Street, Burns, Oregon 97720. A. Vehicle use limited to existing a c t i o n : Off-Road Vehicle Use Copies of the Diamond Craters Designations. routes of travel (as inventoried on Recreation Management Plan are master planning maps in the Caliente Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices 48139

Resource Area office). This designation [Alaska AA-48383-R] set out in section 31(d) and (e) of the was chosen for 476,690 acres of public Mineral Leasing Act of 1920 (30 U.S.C. Proposed Reinstatement of a land in western Kern, Tulare, Kings, San 188), the Bureau of Land Management is Terminated Oil and Gas Lease; Alaska Luis Obispo, Santa Barbara and Ventura proposing to reinstate the lease, counties. It will provide for resource In accordance with Title IV of the effective March 1,1985, subject to the protection while allowing existing uses Federal Oil and Gas Royalty terms and conditions cited above. to continue. Management Act (Pub. L. 97-451), a Robert E. Sorenson, B. Vehicle use closed. This petition for reinstatement of oil and gas Chief, Branch o f Mineral Adjudication, designation was chosen for the areas lease AA-48383-R has been received Dated: November 13,1985. listed above funder SUMMARY) to covering the following lands: protect archaeological, endangered [FR Doc. 85-27755 Filed 11-20-85; 8:45 am) Copper River Meridian, Alaska species habitat and unique vegetation BILLING CODE 4310-JA-M resources. T. 11 N., R. 8 W., Sec. 31, NWV4SW%. FOR FURTHER INFORMATrON CONTACT: 34 acres. [Colorado 25308] Glenn A. Carpenter, Area Manager, The proposed reinstatement of the Bureau of Land Management, Caliente Proposed Reinstatement; Colorado Resource Area, 520 Butte Street, lease would be under the same terms . Bakersfield, California 93305 (805) 861- and conditions of the original lease, Notice is hereby given that a petition 4236. except the rental will be increased to $5 for reinstatement of oil and gas lease C- Dated: September 25,1985. per acre per year, and royalty increased 25308 for land's in Moffat County, to 16% percent. The $500 administrative Glenn A. Carpenter, Colorado, was timely filed and was fee and the cost of publishing this Notice accompanied by all the required rentals C alien te R esou rce A rea M anager* have been paid. The required rentals and royalties accruing from July 1,1985, [FR Doc. 85-27838 Filed 11-20-85; 8:45 am) and royalties accruing from March 1, the date of termination. BILLING CODE 4310-40-M 1985, the date of termination, have been The lessee has agreed to new lease paid. terms for rentals and royalties at rates Having met all the requirements for of $5.00 and 16% percent, respectively. !M 57789] reinstatement of lease AA-48383-R as The lessee has paid the required $500 set out in section 31 (d) and (e) of the administrative fee for the lease and has Montana; Order Providing for Opening Mineral Leasing Act of 1920 (30 U.S.C. of Public Land reinbursed the Bureau of Land 188), the Bureau of Land Management is Management for the estimated cost of proposing to reinstate the lease, AGENCY: Bureau of Land Management, this Federal Register notice. effective March 1,1985, subject to the Interior. Having met all the requirements for terms and conditions cited above. reinstatement of the lease as set out in ACTION: Order providing for opening of Dated: November 15,1985. section 31 (d) and (e) of the Mineral public land in Madison County, Robert E. Sorenson, Lands Leasing Act of 1920, as amended Montana. Chief, Branch o f Mineral. Adjudication. (30 U.S.C. 188), the Bureau of Land Management is proposing to reinstate s u m m a r y : This order opens certain [FR Doc. 85-27765 Filed 11-20-85:8:45 am) the lease, effective July 1,1985, subject lands that were segregated from all the BILLING CODE 4310-JA-M to the original terms and conditions of nondiscretionary public and land laws, the lease and the increased rental and including the mining laws, by the Notice [Alaska AA-48511-AT] royalty rates cited above. of Realty Action published in the Questions concerning this notice may Federal Register on December 11,1984 Proposed Reinstatement of a be directed to Karen Purvis of the (49 FR 48227), Terminated Oil and Gas Lease; Alaska Colorado State Office at (303) 294-7600, d a t e : At 9 a.m. on December 31,1985, In accordance with Title IV of the Evelyn W. Axelson, the lands described below will be open Federal Oil and Gas Royalty Chief, M ineral Leasing Section. to the operation of the public land laws, Management Act (Pub. L. 97-451), a [FR Doe. 85-27753 Filed 11-20-85; 8:45 am} subject to valid existing rights, the petition for reinstatement of oil and gas BILLING CODE 4310-JB-M provisions of existing withdrawals and lease AA-48511-AT has been received the requirements of applicable law: covering the following lands: Principal Meridian, Montana Copper River Meridian, Alaska [U68-W83-01J T.2S., R. 2W„ T.10N., R,5W„ Mill Creek Wilderness Study Area; Sec. 31, lots 6 and 13. Sec. 34, SE Vi NE Vi. Utah Containing 73.98 acres. The proposed reinstatement of the November 14,1985. fo r f u r t h e r information c o n t a c t : lease would be under the same terms Edward H. Croteau, Chief, Lands and conditions of the original lease, a g e n c y : Bureau of Land Management, Adjudication Section, BLM, Montana except the rental will be increased to $5 Interior. State Office, P.O. Box 36800, Billings, per acre per year, and royalty increased ACTION: Availability of Final Montana 59107, Phone (406) 657-6082. to 16% percent. The $500 administrative Environmental Assessment and Record fee and the cost of publishing this Notice lames Binando, of Decision for mining activity in Mill have been paid. The required rentals Creek Wilderness Study Area (WSA). Acting Deputy State Director, Division o f and royalties accruing from March 1, Lands and Renewable Resources. 1965, the date of termination, have been supplementary information : Pursuant 13,1985. November paid. to the Federal Land Policy and (FR Doc. 85-27760 Filed 11-20-85; 8:45 am) Having met all the requirements for Management Act, section 603, and the BILLING CODE 4310-DN-M reinstatement of lease AA-48511-AT as Bureau’s Interim Management Policy, 48140 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices notice is hereby given of availability of acres of lands in Benton County, withdrawals, and the requirements of Final Environmental Assessment and Washington, from Federal to private applicable law. All valid applications Record of Decision. ownership with a reservation of all oil received at or prior to 8:30 a m., on WSA N a m e: Mill Creek. and gas deposits to the United States. December 30,1985, will be considered as WSA Number: UT-060-139A. 2. In the exchange, the following simultaneously filed at that time. Those D ec isio n : After a 30 day comment described lands have been reconveyed received thereafter will be considered in period, October 10 to November 8,1985, to the United States: the order of filing. which resulted in no comments being Willamette Meridian 7. At 8:30 a.m., on December 30,1985, received, the decision has been made to the lands described in paragraph 2, T. 9 N., R. 25 E., except as provided in paragraphs 4 and allow Ivy Minerals, Inc. to excavate the Sec. 24, SEViSEVii, except road and gravel 5, will be open to location and entry trench site as proposed. The trench pit; dimensions will be 1 yard deep by 10 Sec. 25, SVs and EVkNEVi, except gravel pit; under the United States mining laws. yards wide by 10 yards long. The Sec. 36, Ny2NWVi and Ny2Sy2NWy4. Appropriation of land under the general excavated material will be transported T. 9 N., R. 26 E., mining laws prior to the date and time of off site to private ground to be Sec. 19, All south of Hwy., except SV2SV2, restoration is unauthorized. Any such concentrated by conventional gravity NEViSEy^ 6 Yakitat lots and tract survey attempted appropriation, including of Dec. 3,1984 (No. 955); methods. Only existing routes will be attempted adverse possession under 30 Sec. 20, All Ny2 south of Yakima River U.S.C. Sec. 38, shall vest no rights used. This trench is a continuation of an except for railroad, highway, and tract existing plan of operations. The survey of Dec. 3,1984 (No. 955); against the United States. Acts required reclamation will consist of recontouring, Sec. 24, SE&NWtt. to establish a location and to initiate a refilling and reseeding the trench upon The areas described aggregate right of possession are governed by completion of excavation of this site. approximately 804.75 acres in Benton County. State law where not in conflict with FOR FURTHER INFORMATION CONTACT: Federal law. The Bureau of Land 3. The following described lands have Management will not intervene in Bureau of Land Management, Grand been and will remain open to operation Resource Area, P.O. Box M, Moab, Utah disputes between rival locators over of the mineral leasing laws as to oil and possessory rights since Congress has 84532. A copy of the final Environmental gas: Assessment and the accompanying provided for such determinations in Record of Decision is available upon Willamette Meridian local courts. request. T. 9 N., R. 25 E., 8. At 8:30 a.m., on December 30,1985, Kenneth V. Rhea, Sec. 24, SEyiSEVi, except road and gravel the lands described in paragraph 2, pit. except as provided in paragraphs 3, 4, Acting District Manager. T. 9 N., R. 26 E., and 5 will be open to applications and [FR Doc. 85-27836 Filed 11-20-85; 8:45 am] Sec. 24, SEViNWtt. offers under the mineral leasing laws. BILLING CODE 4310-DQ-M The areas described aggregate Dated; November 15,1985. approximately 71.30 acres in Benton County. B. Lavelle Black, [OR-37859 (WASH)] 4. The mineral estate in the following Chief, Branch o f Lands and Minerals described land has been and will remain Operations. Conveyance of Public Lands; Order open to operation of the mining laws (FR Doc. 85-27752 Filed 11-20-85; 8:45 am] Providing for Opening of Lands; and mineral leasing laws: Washington BILLING CODE 4310-33-M Willamette Meridian AGENCY: Bureau of Land Management, T. 9 N., R. 26 E., [W-83356] Interior. Sec. 20, All Sy2NEy4 and SEy4NWy4, south a c t i o n : Notice. of tract survey of Dec.' 3,1984 (No. 955). Wyoming; Proposed Modification and The area described contains approximately Continuation of Stock Driveway s u m m a r y : This action informs the public 84.79 acres in Benton County. of the conveyance of 390.00 acres of Withdrawals 5. The mineral estate in the following public lands out of Federal ownership. C o rrectio n This action will also open 804.75 acres described lands was not reconveyed to of reconveyed lands to surface entry. A the United States and will not be opened In FR Doc. 85-25823, beginning on total of 71.30 acres will be opened to to operation of the mining laws and page 45167, in the issue of Wednesday, mining and mineral leasing, and has mineral leasing laws: October 30,1985, make the following been and remains open to oil and gas Willamette Meridian corrections: 1. On page 45168: leasing. Of the balance, 84.79 acres have T. 9 N., R. 25 E., , been and remain open to mining and Sec. 25, Sy2 and Ey2NEy4, except gravel pit; a. In the first column, Sec. 2 in T.41 N., mineral leasing and 648.66 acres remain Sec. 36, Ny2Nwy4 and Ny2sy2Nwy4. R. 86 W„ should have read: closed to mining and mineral leasing. T. 9 N., R. 26 E., Sec. 2 lots 5-i7, swy4NEy4, sy2Nwy4, Sec. 19 All south of Hwy., except Sy2Sy2, EFFECTIVE DATE: December 23,1985. Nwy4swy4; NEy4SEy4, 6 Yakitat lots, and tract FOR FURTHER INFORMATION CONTACT: survey of Dec. 3,1984 (No. 955); b. In the third column, Sec. 2 in T.41 Champ Vaughan, BLM Oregon State Sec. 20 All SWy4NWy4 south of tract N., R. 88 W., should have read: Office, P.O. Box 2965, Portland, Oregon survey of Dec. 3,1984 (No 955). Sec. 2 NEViSEVi; 97208, (Telephone 503-231-6905). The areas described aggregate 2. On page 45169: SUPPLEMENTARY INFORMATION: approximately 648.66 acres in Benton County. a. In the first column, the entries for 1. Notice is hereby given that in an 6. At 8:3Q a.m., on December 30,1985, Secs. 18 and 19 of T. 44 N.,R. 90 W., exchange of lands made pursuant to the lands described in paragraph 2 will should have read as follows: section 206 of the Act of October 21, be open to operation of the public land Sec. 18, lots 7, 8, Ey2SW l/4, SEy4; 1976, 90 Stat. 2756, 43 U.S.C. 1716, a laws generally subject to valid existing Sec. 19, lots 5-7, NEy4,Ey2NWy4. patent has been issued transferring 390 rights, the provisions of existing NEy4swy4,Ny2SEy4; Federal Register / Vol. 50, No. 225 / Thursday, November.21, 1985 / Notices 48141

b. In the third column, in T.52 N., R. procedures are set out in revised Fixed rate bids should provide for 101 W., Sec. 18 should have read: § 250.34 of Title 30 of the CFR. prepayment at borrowers option Sec. 18, lot 1, W ,/2NE,/4) EMsNW'A, SE1/*; Dated: November 13,1985. commencing at the end of five years. c. In the third column, in T.53 N., R. John L. Rankin, Floating rate bids (with or without 101 W., the entry for Sec. 6 should have Regional Director, Gulf o f Mexico OCS option to convert) shold specify the read: R egion. index on which the interest is to be based, margin over the index, frequency Sec. 6, lot 13, NEV^SWVi, NVbSE1/^ [FR Doc. 85-27827 Filed 11-20-85; 8:45 am) BILLING CODE 4310-MR-M of reset and frequency of payments. BILLING CODE 1505-01-M While margin over index is primary concern, attention will also be given to Minerals Management Service ease of conversion from a floating rate INTERNATIONAL DEVELOPMENT to a fixed rate obligation which will be COOPERATION AGENCY Outer Continental Shelf; Development governed by market conditions at the conversion date. Such conversion shall Operations Coordination Document; Agency for International Development Tenneco Oil Exploration and be solely at the option of the borrower Production Housing Guaranty Program; Sri Lanka; with the approval of AID. For Investment Opportunity convertible loans, bidders should a g e n c y : Minerals Management Service, specify (1) earliest date at which loan Interior. The Agency for International can be converted consistent with no (or nominal) penalty and (2) costs a c t io n : Receipt of a Proposed Development (A.I.D.) has authorized the, Development Operations Coordination guarnaty of a loan for Sri Lanka as part associated with the remarketing and Document (DOCD). of A.I.D.’s development assistance nature of the remarketing committment program. The proceeds of this loan will (i.e., underwritten or best efforts). s u m m a r y : Notice is hereby given that be used to finance shelter projects for Other requirements of responsive Tenneco Oil Exploration and Production low income families in Sri Lanka. The bids: has submitted a DOCD describing the name and address of the representative 1. Full amount of loan will be activities it proposes to conduct on of the Borrower to be contacted by disbursed at same time as closing of Lease OCS-G 2241, Block 643, West interested U.S. lenders or investment loan. Cameron Area, offshore Louisiana. bankers, the amount of the loan and 2. The loan shall be for a thirty (30) Proposed plans for the above area project number are indicated below: year period. provide for the development and SRI LANKA, Project: 383-HG-002— 3. There will be a ten (10) year grace production of hydrocarbons with $14,000,000, Attention: Dr. A. C. period on the repayment of principal; no support activities to be conducted from Randeni, Director of Economic grace period on interest payments. an onshore base located at Sabine Pass, Affairs, Ministry of Finance and 4. All investment expenses, fees and Texas. Planning, Telephone: 212/986-7040. costs will be paid at closing from the DATE: The subject DOCD was deemed Telex: 420646 or 423040 Lankrep, NY, proceeds of the loan. Bids should specify all fees and expenses associated with submitted on November 12,1985. c/o Mission of the Democratic financing. a d d r e s s e s : A copy of the subject Socialist Republic of Sri Lanka to the DOCD is available for public review at 5. The repayment schedule shall not United Nations, 630 Third Avenue, call for extraordinarily large payments the Office of the Regional Director, Gulf 20th Floor, New York, NY 10017. of Mexico OCS Region, Minerals during the mortization period. Interested investors should telegram Management Service, 3301 North Selection of investment bankers and/ their bids to the Borrower’s Causeway Blvd., Room 147, Metairie, or lenders and the terms of the loan are representative on December 3,1985 but Louisiana (Office Hours: 9 a.m. to 3:30 initially subject to the individual no later than 12:00 noon New York time. p.m., Monday through Friday). discretion of the Borrowers and Bids should be open for at least 24 thereafter subject to approval by A.I.D. FOR FURTHER INFORMATION CONTACT: hours. Copies of all bids should be The lender and A.I.D. shall enter into a Ms. Angie Gobert; Minerals simultaneously sent to the following Contract of Guaranty, covering the loan. Management Service; Gulf of Mexico addresses: Disbursement under the loan will be OCS Region; Rules and Production; Dr. W. M. Tilakaratna, Secretary, subject to certain conditions required of Plans, Platform and Pipeline Section; Ministry of Finance and Planning, the Borrower by A.I.D. as set forth in Exploratiori/Development Plans Unit; agreements between A.I.D. and the Phone (504) 83&-0876. Colombo 1, Sri Lanka, Telex: 21409 FINMIN C.E. Borrower. SUPPLEMENTARY INFORMATION: The Jeremy Hagger, Mission Housing The full repayment of the loan will be purpose of this Notice is to inform the Advisor, USAID/Colobmo, c/o guaranteed by A.I.D. The A.I.D. public, pursuant to section 25 of the OCS guaranty will be backed by the full faith Lands Act Amendments of 1978, that the American Embassy, Colombo, Sri Lanka, Telephone: 94-1-21271 Ext. and credit of the United States of Minerals Management Service is America and will be issued pursuant to 240, Telex: 0803-21305 AMEMB CE considering approval of the DOCD and authority in section 222 of the Foreign Agency for International Development, that it is available for public review. Assistance Act of 1961, as amended (the Revised rules governing practices and Michael G. Kitay, PRE/H, Room 625, “Act”). procedures under which the Minerals SA-12, Washington, DC 20523, Telex Lenders eligible to receive an A.I.D. Management Service makes information No. 892703 guaranty are those specified in Section contained in DOCDs available to For the $14,000,000 loan the Borrower 238(c) of the Act. They are: (a) U.S. affected states, executives of affected is requesting and will consider three (3) citizens; (2) domestic U.S. corporations, local governments, and other interested bidding options as follows: (1) Fixed, (2) partnerships, or associations parties became effective December 13, Floating and (3) Floating with option to substantially beneficially owned by U.S. 1979 (44 FR 53685). Those practices and convert-to Fixed. citizens; (3) foreign corporations whose 48142 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices

share capital is at least 95 percent Advisory Committee on Voluntary International Development, Washington, owned by U.S. citizens; and, (4) foreign Foreign Aid; Meeting D.C. 20523. partnerships or associations wholly Dated: November 14,1985. Pursuant to the Federal Advisory owned by U.S. citizens. Julia Chang Bloch, To be eligible for an A.I.D. guaranty, Committee Act, notice is hereby given of a meeting of the Advisory Committee on Assistant Administrator, Bureau for Food for the loan must be repayable in full no Peace and Voluntary Assistance. later than the thirtieth anniversary of Voluntary Foreign Aid (ACVFA) on Small-Scale Projects for Long-Term [FR Doc. 85-27832 Filed 11^20-85; 6:45 am] the disbursement of the principal BILUNG CODE 6116-01-M amount thereof and the interest rates African Development, which will be may be no higher than the maximum held Thursday and Friday, December 5 rate established from time to time by and 6,1985, in the Loy Henderson A.I.D. International Conference Room, INTERSTATE COMMERCE Department of State. To enter the COMMISSION Information as to the eligibility of building, use C Street (Diplomatic investors and other aspects of the A.I.D. Entrance) betweèn 21st and 23rd Streets, [Docket No. AB-252 (Sub-No. IX)] housing guaranty program can be N.W., Washington, D.C. obtained from: Director, Office of Northern Missouri Railroad Co.; Housing and Urban Programs, Agency Registration: Discontinuance of Service in Iowa and for International Development, Room The meeting is free and open to the Missouri; Exemption 625, SA/12, Washington, DC 20523, public. However, Pre-Registration by Telephone: (202) 632-3544. Applicant has filed a notice of November 29 Through Advisory exemption under 49 CFR Part 1152 Dated: November 14.1985. Committee Headquarters is Required by Subpart F—Exempt Abandonments and Mario Pita, the State Department for Security Discontinuances o f Service and Deputy Director, Office o f Housing and Urban reasons. Trackage Rights, to discontinue service Program s. For pre-registered participants, on-site over trackage of the Norfolk & Western [FR D o g . «5-27761 Filed 11-20-85; 8:45 am ] registration will begin at 8:00 a.m., Railway as follows: (1) Between BILLING CODE 4710-02-M Thursday, December 5,1985. milepost 226.0 at Chillicothe and Thursday, December 5,1985 milepost 239.2 at Lock Springs, MO, (2) 8:36-9:30 a.m.— Introductory Remarks— Brief between milepost 332.4 at Burlington Research Advisory Committee; Question and Answer Period Junction, MO., and milepost 344.8 at Meeting Blanchard, IA, and (3) between milepost Topic I: Increasing the Number o f Small- 344.8 at Blanchard and milepost 410.86 Pursuant to the provisions of the Scale Projects in Africa at Council Bluffs, IA. Federal Advisory Committee Act, notice 9:30-12:00 a.m.— Session 1: Management Applicant has certified (1) that no is hereby given of the A.I.D. Research issues local traffic has moved over the lines for Advisory Committee meeting on (10:45-11:00 a.m.— Break) A. Mechanisms for Funding Multiple Small- at least 2 years and that overhead traffic December 16-17,1985 at the Pan Scale Activities is not moved over the lines or may be American Health Organization Building, B. Operational Issues v rerouted, and (2) that no formal „ 525 23rd Street, NW.. Washington, DC, 12:00-1:30 p.m.— Lunch Break complaint filed by a user of rail service Conference Room ‘C\ The Committee 1:30-3:30 p.m.— Session 2: Program Issues on the lines (or by a State or local will discuss recent developments in A. Coordination in Planning Program governmental entity acting on behalf of A.I.D. research policy. Priorities such user) regarding cessation of service The meeting will begin at 9:00 a.m. B. Communication over the lines either is pending with the and adjourn at 5:30 p.m. The meeting is C. Forging and Strengthening Links Between Commission or any U.S. District Court, U.S. and African PVOS open to the public. Any interested 3:30-3:45 p.m.— Break or has been decided in favor of the persons may attend, may file written ' complainant within the 2-year period. statements with the Committee before or Topic II: Increasing PVO Participation in P.L. The appropriate State agencies have after the meeting, or may present oral 480 Development Programs been notified in writing at least 10 days statements in accordance with 3:45-4:30 p.m. prior to the filing of this notice. procedures established by the 4:30-5:30 p.m.— ACVFA Business Session As a condition to use of this Committee and to the extent the time Friday, December 6,1985 exemption, any employee affected by available for the meeting permits. Dr. 9:00-12:00 noon— ACVFA Business Session— the discontinuance of service shall be Erven J. Long, Director, Office of Adjournment protected pursuant to Oregon Short Line Technical Review and Information, R. Co.-Abandonment-Goshen, 3601.C.C. Bureau for Science and Technology, is Any interested person may attend, 91 (1979), designated as the A.I.D. representative request to appear before, or file The exemption will be effective at the meeting. It is suggested that those statements with the Advisory December 21,1985, (unless stayed desiring more specific information Committee. Written statements should pending reconsideration). Petitions to contact Dr. Long, 1601N. Kent Street, be filed prior to the meeting and should stay must be filed by December 2,1985 Arlington, Virginia 22209 or call area be available in twenty five copies. and petitions for reconsideration, code (703) 235-8929. Persons wishing to attend the ACVFA including environmental, energy, and Dated: November 1,1985. meeting must call (703) 235-2708 or 3336, public use concerns, must be filed by or write, or send registration form, NLT December 11,1985, with: Office of the Erven j. Long, NOVEMBER 29,1985, to arrange Secretary, Case Control Branch, A.I.D. Representative, Research Advisory entrance to the Department of State Interstate Commerce Commission, C om m ittee. Building. The address is: The Advisory Washington, DC 20423. {FR Doc. 85-27823 Filed 11-20-85; 8:45 am] Committee on Voluntary Foreign Aid, A copy of any petition filed with the BILLING CODE 6H6-01-M Room 227, SA-8, Agency for Commission must be sent to applicant’s Federai Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices 48143 representative: John D. Heffner, Suite New York, New York 10278;,and the Management Liaison Officer, NCIC 1000,1133 15th Street, NW., Washington, Environmental Enforcement Section, Federal Bureau of Investigation, DC 20005. Land and Natural Resources Division of Washington, DC 20535, telephone If the notice of exemption contains the Department of Justice, Room 1515, number 202-324-2606. false or misleading information, use of Ninth Street and Pennsylvania Avenue, Dated: November 15,1985. the exemption is void a b initio. NW, Washington, DC 20530. A copy of A notice to the parties will be issued if the partial consent decree may be William H. Webster, use of the exemption is conditioned obtained in person or by mail from the D irector. upon environmental or public use Environmental Enforcement Section, [FR Doc. 85-27764 Filed 11-20-85; 8:45 am] conditions. Land and Natural Resources Division of BILLING CODE 4410-02-M Decided: November 18,1985. the Department of Justice. In requesting By the Commission, Richard Lewis, Acting a copy, please enclose a check in the Director, Office of Proceedings. .amount of $1.70 (10 cents per page NATIONAL FOUNDATION ON THE James H. Bayne, reproduction charge) payable to the ARTS AND HUMANITIES S ecretary. Treasurer of the United States. F. Henry Habicht II, [FR Doc, 85-27817 Filed 11-20-85; 8:45 am] Agency Information Collection BILLING CQDE 7035-01-M Assistant A ttomey General, Land and Activities Under OMB Review Natural Resources Divison. [FR Doc. 85-27830 Filed 11-20-85; 8:45 am] AGENCY: National Endowment for the DEPARTMENT OF JUSTICE BILLING CODE 4410-01-M Humanities. Partial Consent Decree Under Clean a c t i o n : Notice. Water Act To Enjoin Discharge of Federal Bureau of Investigation Water Pollutants SUMMARY: The National Endowment for Advisory Policy Board, National Crime the Humanities (NEH] has sent to the In accordance with Departmental' Information Center; Meeting Office of Management and Budget Policy, 28 CFR 50.7, 38 FR 19029, notice (OMB) the following proposals for the is hereby given that a partial consent The Advisory Policy Board of the collection of information under the decree in U nited S tates v. Join t M eeting- National Crime Information Center provisions of the Paperwork Reduction Rutherford, East Rutherford, Carlstadt; (NCIC) will meet on December 4-5,1985, Act (44 U.S.C. Chapter 35). Borough o f Rutherford, New Jersey; from 9 a.m. until 5 p.m. at the Kona Kai Borough o f East Rutherford, New Jersey; Inn, 1551 Shelter Island Drive, San DATES: Comments on this information Borough o f Carlstadt, New Jersey; State Diego, California 92106. collection must be submitted on or of New Jersey, Civil Action No. 84- The major topics to be discussed before December 23,1985. 2744(SA), was lodged with the United include: ADDRESSES: Send comments to Ms. States District Court for the District of (1) Presentations of proposals Ingrid Foreman, Management Assistant, New Jersey on November 7,1985. The recommended by state and local users National Endowment for the partial consent decree establishes a of the NCIC System to enhance the Humanities, Administrative Services compliance program for the'Rutherford, quality and completeness of records in Office, Room 202,1100 Pennsylvania Bergen County, New Jersey sewage the System. Avenue, NW., Washington, DC 20506 treatment facility owned and operated (2) Status report and future testing (202) 786-0233 or Mr. Joseph Lackey, by defendants, Joint Meeting-Rutherford plans for the Interstate Identification Office of Management and Budget, New and the Boroughs of Rutherford, East Index. Rutherford, and Carlstadt, to bring the (3) Status of various efforts to improve Executive Office Building, 726 Jackson facility, into compliance with the Clean the use and results of the Missing and Place, NW., Room 3208, Washington, DC Water Act, 33 U.S.C. 1251 e t seq . and its Unidentified Persons Files. 20503(202) 395-7316. National Pollutant Discharge The meeting will be open to the public FOR FURTHER INFORMATION CONTACT: Elimination System (“NPDES”) permit, with approximately 30 seats available Ms. Ingrid Foreman, National relating to the discharge of pollutants for seating on a first-come-first-served Endowment for the Humanities, into navigable waters of the United basis. Any member of the public may Administrative Services Office, Room States. file a written statement with the 202,1100 Pennsylvania Avenue, NW., The Department of Justice will receive Advisory Policy Board before or after Washington, DC 20506 (202) 786-0233 for thirty (30) days from the date of themeeting. Anyone wishing to address from whom copies of forms and publication of this notice, written a session of the meeting should notify supporting documents are available. comments relating to the partial consent the Advisory Committee Management decree. Comments should be addressed Officer, Mr. William A. Bayse, FBI, at SUPPLEMENTARY INFORMATION: All of the to the Assistant Attorney General, Land least 24 hours prior to the start of the entries are grouped into new forms, and Natural Resources Division, session. The notification may be by revisions or extensions. Each entry is Department of Justice, Washington, DC mail, telegram, cable, or hand-delivered issued by NEH and contains the 20530 and should refer to United States note. It should contain the name, following information: (1) The title of the v- Joint Meeting-Rutherford, East corporate designation, along with a form; (2) the agency form number, if Rutherford, Carlstadt, et al„ D.J. Ref. No. capsulized version of the statement and applicable; (3) how often the form must 90-5-2-1-2152. an outline of the material to be offered. be filled out; (4) who will be required or The partial consent decree may be A person will be allowed not more than asked to report; (5) what form will be examined at the office of the United 15 minutes to present a topic, except used for; (6) an estimate of the number States Attorney, District of New Jersey, with the special approval of the of responses; (7) an estimate of the total Newark, New Jersey 07102; at the Chairman of the Board. number of hours needed to fill out the Region II office of the Environmental Inquiries may be addressed to Mr. form. None of these entries are subject Protection Agency, 26 Federal Plaza, David F. Nemecek, Committee to 44 U.S.C. 3504(h). 46144 Federal Register / Voi. SO, No. 225 f Thursday, November 21, 1985 / Notices

Category: Revisions submittal of an updated FDSA. By letter Environmental Impact o f the Proposed Title: Applications and Instruction dated September 13,1985, the licensee A ction requested an additional exemption to Forms for the Conferences Category The proposed exemption affects only Form Number: Not Applicable defer submittal of the updated FDSA for the Haddam Neck Plant. However, by the required date for updating the FDSA Frequency of Collection: Twice a year and does not affect the risk of facilty Respondents: Humanities researchers letter dated October 2,1985, the staff notified CYAPCo that its request for an accidents. Thus, post-accident and institutions radiological releases will not differ from Use: Application for funding additional exemption was being denied those determined previously, and the Estimated Number of Respondents: 133 because the licensee's request was not proposed exemption does not otherwise per year responsive to the term identified in the affect facility radiological impacts, the Estimated Hours for Respondents to exemption issued on April 11,1985. By proposed exemption does not affect Provide Information: 60 per letter dated October 11,1985, CYAPCo respondents resubmitted a request for an exemption plant non-radiological effluents and has Susan Metts, from the schedular requirements of 10 no other environmental impact Therefore, the Commission concludes Acting Director o f Administration. CFR 50.71(e](3](ii) that contained the there are no measurably radiological or [FR Doc. 85-27770 Filed 1-20-85; 8:45 am] schedular information required. The nonradiological environmental impacts BILLING CODE 7536-01-M deferral of the submittal of the updated FDSA is the proposed action being associated with the proposed considered by the staff. exemption. NUCLEAR REGULATORY The Need for the Proposed Action Alternatives to the Proposed Action COMMISSION For most plants covered by 10 CFR Since the Commision has concluded [Docket No. 50-213] 50.71(e)(3)(ii), ample time was available there is no measurable environmental for updating the FDSA within the 24- impact associated with the proposed Connecticut Yankee Atomic Power month interval allowed in the exemption, any alternatives with equal Co.; Environmental Assessment and regulations. However, the Haddam Neck or greater environmental impacts need Finding of No Significant Impact Plant requested participation in an not be evaluated. The principal The U.S. Nuclear Regulatory expanded assessment of outstanding alternative to the exemption would be to Commission (the Commission] is regulatory requirements with the idea of require an earlier date for submittal of considering issuance of an exemption establishing an integrated schedule for the updated FDSA. Such an action from the schedular requirement of 10 the completion of these issues in a would not enhance the protection of the CFR 50.71(e](3](ii] to the Connecticut resource efficient manner. environment and would result in Yankee Atomic Power Company The licensee has other ongoing unnecessary diversion of utility (CYAPCo} (the licensee] for the Haddam activities which would directly affect engineering resources from other work Neck Plant, located at the licensee’s site the quality and substance of an updated of higher safety significance. in Middlesex County, Connecticut. FDSA. For example, CYAPCo is Alternative Use of Resources contracting with Westinghouse to Environmental Assessment develop and document detailed This action does not involve the use of Identification o f Proposed action information on the design and licensing resources not considered previously in The proposed action would grant an bases for key systems at the Haddam the Final Environmental Statement for exemption from the requirements of 10 Neck Plant, CYAPCo has also the Haddam Neck Plant. undertaken an extensive design bases CFR 50.71(e)(3](ii) to submit an updated Agencies and Persons Consulted Facility Description and Safety Analysis reanalysis which will result in new (FDSA) for the Haddam Neck Plant analyses for all FDSA Chapter 10 The NRC staff reviewed the licensee’s within 24 months of receipt of a letter transients and accidents for several request and did not consult other notifying the licensee that the systematic evaluation program topics. agencies or persons. systematic evaluation program has been Also, the staff is now implementing a Finding of No Significant Impact completed. By letter dated July 20,1983, limited Integrated Safety Assessment the staff informed CYAPCo that the Program (ISAP) for the Haddam Neck The Commission has determined not systematic evaluation program had been Plant. The purpose of ISAP is to to prepare an environmental impact completed for the Haddam Neck Plant prioritize outstanding NRC requirements statement for the proposed exemption. and licensee initiatives resulting in an and that, pursuant to 10 CFR 50.71(e){3], Based upon the environmental integrated living schedule and will serve the licensee was required to file an assessment, the NRC staff concludes as a basis upon which future regulatory updated FDSA. By letter dated February that the proposed action will not have a requirements can be judged. The 4,1985, the licensee requested an significant effect on the quality of the licensee believes that these additional exemption to defer submittal of the human environment. updated FDSA for the Haddam Neck efforts will facilitate a better For further details with respect to this Plant. By letter dated April 11,1985, the understanding of the plant design bases proposed action, see the licensee’s letter staff issued an exemption to 10 CFR when the updated FDSA is submitted. dated October 11,1985. This letter is 50.71(e](3) for the Haddam Neck Plant The licensee in its October 11,1985, permitting a 6 month extension from the exemption request identified the available for public inspection at the date of issuance of the exemption for milestones for the completion of the Commission’s Public Document Room, submittal of the updated FDSA. Any FDSA update as required in the April 11, 1717 H Street, NW„ Washington, DC, additional exemptions to 10 CFR 50.71 1985 exemption. In this exemption and at the Russell Library, 123 Broad would be granted by the Director of request the licensee requested relief Street, Middletown, Connecticut 06547. Licensing, ONRR, only upon review and from the required completion date until Dated at Bethesda, Maryland, this 12th day approval of a program plan for the June 30,1987. of November 1985. Federai Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices 48145

For the Nuclear Regulatory Commission. House; to check local level indication at SMALL BUSINESS ADMINISTRATION Dennis M. Crutchfield, the Refueling Water Storage Tank Assistant Director for Safety Assessment, (RWST) and Condensate Storage Tank [Declaration of Disaster Loan Area #2219} Division o f Licensing, O ffice o f Nuclear (CST); and to manhandle certain valves Reactor Regulation. -in the Piping Penetration Area. The Pennsylvania; Declaration of Disaster [FR Doc. 85-27801 Filed 11-20-85; 8:45 amj licensee also indicated that operators Loan Area BILLING CODE 7590-01-M would have to gain access t6 the IP-1 As a result of the President’s major Superheater Building which contains the [Docket No. 50-247] disaster declaration on November 9, switchgear and controls for operation of 1985,1 find that the Counties of Consolidated Edison Company of New certain shutdown-related pumps. Allegheny, Fayette, Greene, Somerset, York, Inc. (Indian Point Nuclear The licensee does not meet the Washington, and Westmoreland Generating Unit No. 2); Exemption Section III.J. requirements in the IP-2 constitute a disaster loan area because I screenwell area, the RWST area or the of damage from severe storms, landslides and flooding beginning on or The Consolidated Edison Company of CST area. However, the licensee intends about November 3,1985. Eligible New York (the licensee) is the holder of to utilize the pole-mounted security persons, firms, and organizations may Facility Operating License No. DPR-26 lighting system available in the yard file applications for loans for physical which authorizes operation of the Indian area for these areas. The security damage until the close of business on Point Nuclear Generating Unit No. 2 (IP- lighting will provide sufficient January 10,1986, and for economic 2). This license provides, among other illumination to the shutdown injury until August 11,1986, at: Disaster things, that it is subject to all rules, components and access and egress Area 2 Office, Small Business regulations and Orders of the routes thereto, that are associated with Administration, Richard B. Russell Commission now or hereafter in effect. this exemption. In addition, the security Federal Bldg., 75 Spring St., SW., Suite The facility consists of one lighting is supplied power from the 822, Atlanta, Georgia 30303. pressurized water reactor at the security diesel and is, therefore, not licensee’s site located in Westchester vulnerable to fire loss under the or other locally announced locations. The interest rates are: County, New York. postulated fire scenario. Percent 1.3.4 Conclusions. » Homeowners with credit available On November 19,1980, the Based on our review, we conclude elsewhere...... 8.000 Commission published a revised section that the use of the proposed emergency Homeowners without credit avail­ 10 CFR 50.48 and a new Appendix R to lighting systems provides an acceptable able elsewhere...... 4.000 10 CFR Part 50 regarding the fire margin of safety equivalent to that Businesses with credit available protection features of nuclear power provided by the technical requirements elsewhere...... 8.000 Businesses without credit available of Section III.J. Therefore, the licensee’s plants (45 FR 76602). The revised § 50.48 elsewhere...... 4.000 and Appendix R became effective on request for an exemption should be Businesses (EIDL) without credit February 17,1981. Section 50.48(e) granted. available elsewhere...... 4.000 established the schedules for satisfying Other (non-profit organizations in­ Ill the provisions of Appendix R. Section III cluding charitable and religious of Appendix R contains fifteen Accordingly, the Commission has organizations)_____ 10.500 subsections, lettered A through O, each determined that, pursuant to 10 CFR Part The number assigned to this disaster of which specifies requirements for a 50.12, this technical exemption is is 221906 for physical damage and for particular aspect of the fire protection authorized by law and will not endanger economic injury the number is 636800. features at a nuclear power plant. One life or property or the common defense (Catalog of Federal Domestic Assistance of the fifteen subsections, III.}, is the and security, and is otherwise in the Program Nos. 59002 and 59008). subject of this exemption request. public interest. The Commission hereby Dated: November 13,1985. 1.0.0 Technical Exemption. approves the requested exemption from Bernard Kullk, 1.1.1 Exemption Requested. Appendix R of 10 CFR Part 50 Section By letter dated July 13,1983 the Deputy A ssociate A dministrator for Disaster III.J. Assistance. licensee requested an exemption from Section III.J of Appendix R to 10 CFR 50 Pursuant to 10 CFR 51.32, the [FR Doc. 85-27854 Filed 11-20-05; 8:45 am] to the extent that it requires that all Commission has determined that the BILLING CODE 8025-01-M areas needed for operation of safe issuance of the Exemption will have no shutdown equipment and in access and significant impact on the environment [Declaration of Disaster Loan Area #2218] egress routes thereto be provided with 8- (50 FR 45954). Virginia; Declaration of Disaster Loan hour battery powered emergency This exemption is effective upon issuance. Area lighting units. Dated at Bethesda, Maryland this 13th day 1.2 Discussion and Evaluation. of November 1985. As a result of the President’s major To effect and maintain safe shutdown For the Nuclear Regulatory Commission. disaster declaration on November 9, under certain fire scenarios the licensee 1985,1 find that the Counties of Hugh L. Thompson, Jr., has indicated that operators would need Albemarle, Alleghany, Amherst, to operate transfenswitches adjacent to Director, Division o f Licensing, Office o f Appomattox, Augusta, Bath, Bedford, the IP-2 Screenwell Area; to operate Nuclear Reactor Regulation. Botetourt, Campbell, Clarke, Craig, breakers at the Indian Point Unit No. 1 [FR Doc. 85-27802 Filed 11-20-85; 8:45 am] Fluvanna, Franklin, Gloucester, (IP-1) Intake Structure/Screenwell BILLING CODE 7590-01-M Highland, Madison, Montgomery, 48146 Federal Register / Vol. 50, No. 225 / Thursday; November 21, 1985 / Notices

Nelson, Northumberland, Page, until August 7,1986, at: Disaster Area 2 on all persons listed in Attachment A to Richmond, Roanoke, Rockbridge, Office, Small Business Administration, the order. Objections shall be filed no Rockingham, Shenandoah, Stafford, Richard B. Russell Federal Bldg., 75 later than December 6,1985. Warren and Westmoreland, and the Spring St., SW., Suite 822, Atlanta, FOR FURTHER INFORMATION CONTACT: independent Cities of Buena Vista, Georgia 30303. Mary Catherine Terry, Special Clifton Forge, Covington, Harrisonburg, or other locally announced locations. Authorities Division, Department of Lynchburg, Richmond, Roanoke, Salem The interest rates are: Transportation, 400 7th Street, SW., and Waynesboro, constitute a disaster Washington, DC 20590 (202) 755-3812. loan area because of damage from Percent Dated: November 15,1985. severe storms, landslides and flooding Homeowners with credit available Matthew V. Scocozza, beginning on or about November 3,1985. elsewhere...... 8.000 Eligible persons, firms, and Homeowners without credit avail­ Assistant Secretary for Policy and organizations may file applications for able elsewhere...... 4.000 International Affairs. loans for physical damage until the close Businesses with credit available [FR Doc. 85-27725 Filed 11-20-85; 8:45 am] of business on January 10,1986, and for elsewhere...... 8.000 BILLING CODE 4910-62-M economic injury until August 11,1986, at: Businesses without credit available elsewhere..... ;...... 4.000 Disaster Area 2 Office, Small Business Businesses (EIDL) without credit [Docket 43419] Administration, Richard B. Russell available elsewhere...... 4.000 Federal Bldg., 75 Spring St., SW., Suite Other (non-profit organizations in­ Horizon Air et a!.; Application 822, Atlanta, Georgia 30303. cluding charitable and religious or other locally announced locations. organizations)...... 10.500 Issued by the Department of The interest rates are: Transportation on the 14th day of November 1985. Percent The number assigned to this disaster Order Homeowners with credit available is 221706 for physical damage and for elsewhere...... 8.000 economic injury the number is 636600. On September 23,1985, Horizon Air Homeowners without credit avail­ (Catalog of Federal Domestic Assistance Industries, Inc. d/b/a Horizon Air able elsewhere...... 4.000 Program Nos. 59002 and 59008) (“Horizon”), Cascade Airways, Inc. Businesses with credit available Date: November 8,1985. (“Cascade”), Vanguard Ventures, Inc. elsewhere...... 8.000 Bernard Kulik, (“Vanguard”), AIC Management Businesses without credit available Corporation, American Investment _ elsewhere...... 4.000 Deputy Associate Administrator for Disaster Assistance. Corporation, and Field Point Holding Businesses (EIDL) without credit Corporation filed a joint application for available elsewhere...... 4.000 [FR Doc. 85-27856 Filed 11-20-85; 8:45 am] approval under section 403 of the Other (non-profit organizations in­ BILLING CODE 8025-01-M cluding charitable and religious Federal Aviation Act, 49 U.S.C. 1378, of organizations)...... 10.500 the acquisition of Cascade by Horizon. DEPARTMENT OF TRANSPORTATION Field Point Holding Corporation owns 82 percent of Cascade’s outstanding The number assigned to this disaster Office of the Secretary stock, the balance being held by is 221806 for physical damage and for Cascade’s president and employees. economic injury the number is 636700. Fitness Determination of Golden Under the proposed acquisition, Horizon (Catalog of Federal Domestic Assistance States Airlines will buy Field Point’s shares of Cascade Program Nos. 59002 and 59008). stock.1 Cascade and Horizon serve AGENCY: Department of Transportation. Dated: November 13,1985. points in the Pacific Northwest, mostly ACTION: Notice of Commuter Air Carrier Bernard Kulik, with commuter aircraft, but each holds Fitness Determination—Order 85-11-42, section 401 certificate authority (49 Deputy Associate Administrator for Disaster Order to Show Cause and Grant of U.S.C. 1371) and conducts some Assistance. Exemption (D. 43445). [FR Doc. 85-27855 Filed 11-20-85: 8:45 am] operations with large jet aircraft. The applicants state that Cascade’s BILLING CODE 8025-01-M SUMMARY: The Department of worsening financial difficulties led Transportation is proposing to find that Vanguard to attempt to sell its Cascade Golden States Airlines is fit, willing, and stock. Following several unsuccessful [Declaration of Disaster Loan Area #2217] able to provide commuter air service negotiations with other parties, Horizon under section 419(c)(2) of the Federal West Virginia; Declaration of Disaster agreed to purchase the Cascade stock Aviation Act, as amended, and that the Loan Area on July 31,1985. However, despite the aircraft used in this service will conform stock purchase agreement, Cascade filed As a result of the President’s major to applicable safety standards. Pending for protection from its creditors under disaster declaration on November 7, the outcome of the fitness review, the Chapter 11 of the Bankruptcy Code on 1985,1 find that the Counties of Grant, Department has granted Golden State August 12,1985. The applicants state Greenbrier, Hardy, Harrison, Pendleton, an emergency exemption to begin its that Cascade has been able to continue Pocahantas, Preston and Tucker proposed commuter operations. operating since then only because constitute a disaster loan area because Responses: All interested persons Horizon has loanded Cascade funds to of damage from severe storms, wishing to respond to the Department of support its operations. Horizon made landslides and flooding beginning on or Transportation’s tentative fitness about November 3,1985. Eligible determination should file their persons, firms, and organizations may responses with the Special Authorities 1 Field Point Holding is a wholly-owned subsidiary of American Investors Corporation, file applications for loans for physical Division, Room 6420, Department of which is, in turn, wholly-owned by AIC damage until the close of business on Transportation, 400 7th Street, SW., Management Corporation, a subsidiary of Vanguard January 6,1986, and for economic injury Washington, DC 20590, and serve them Ventures, Inc. Federal Register / Vol 50, No. 225 / Thursday, November 21, 1985 / Notices 4 8 147

these Joans pursuant to a financing Before the applicants filed this merits of the application, whether agreement (Ex. HOCA-102(a)), which additional material, the Office of the additional information should be restricts Cascade’s operational freedom Attorney General of the State of required from the applicants, what and apparently limits the routes which Washington (the “State”) filed procedures should be followed in may be operated by Cascade. See objections to the sufficiency of the considering the application, and other Financing Agreement, Para. 2.3. The application.3 The State submitted that matters interested persons wish to raise applicants further state they believe that the applicants’ initial non-compliance at this time. Any person who wishes the this agreement required no prior with Part 303 prevented any informed Department to conduct an oral approval frorti the Department, but they analysis of the effects of the transaction^ evidentiary hearing on the application seek the Department’s approval to the The State also objected to exempting must specify the disputed material extent requried. Ap. p, 7, n.4. Cascade's parent corporations from Part issues of fact that cannot be resolved The applicants request expeditious 303. It asked the Department either to without such a hearing. We will processing of the application through dismiss the application or to require the consider ALPA’s previously-filed show cause procedures. They claim that applicants to file additional information. comments when we consider the the transaction posesjio threat to The Air Line Pilots Association competition in any relevant market in responses to this order, but ALPA may ("ALPA”) filed comments contending file additional comments if its chooses. light of the presence of actual and that the Department must impose LPP’s potential competitors and the absence of We will also rule on the applicants’ if it approves Horizon’s acquisition of request to exempt Cascade’s parent entry barriers. They further contend that Cascade. corporations from the requirements of the proposal falls within the “failing The applicants filed a response to the Part 303 of our regulations after we company doctrine,” which permits State’s objections which contended that review the comments on the application. approval of otherwise anticompetitive the application was substantially At the same time, we will determine transactions. Furthermore, they submit complete. that the precarious financial state of whether the financing agreement Cascade requires prompt approval. The Request for Comments required approval under section 408 and, applicants do riot seek antitrust The Department’s antitrust rules, if so, what further action [e.g., approval immunity under section 414 of the Act, effective on August 30,1985, provide or enforcement review or both) is 49 U.S.C. 1384. Horizon states that it will that interested parties may file warranted. not accept the imposition of labor comments on a section 408 application Additional Information Requirements protective provisions (LPP’s) as a twenty-one days after the application’s condition to section 408 approval. filing. 14 CFR 303.42. In this case, the Although the Department has The applicants filed substantial comment period would have closed on determined to begin reviewing the portions of the information required by October 15,1985; however, the initial application on its merits, the part 303 of the Department’s regulations, application’s incompleteness has Department finds that additional 14 CFR Part 303, but request an necessitated an alteration of the information is required with respect to exemption from the filing requirements procedural schedule to enable other the “failing company” doctrine as a for Cascade’s parent corporations. The persons to comment on the application. potential ground for approving Horizon’s applicants assert that those corporations See 14 CFR 303.04. The applicants acquisition of Cascade.4 The applicants will hold no other aviation interests submitted sufficient information by have asked us to rely on this doctrine as once the sale of their Cascade stock is October 21 to allow the Department to a basis for approving the acquisition; approved. They accordingly consider the begin processing the application and however, the applicants have not filed data requirements of Part 303 other persons to respond to the adequate documentation to permit our unnecessary as appleid to the parent application. Accordingly, we will set a consideration of it. corporations. schedule for public comment on the Therefore, if the applicants wish us to After review of the application, the application. r ... rely on the "failing company” doctrine, Department’s staff informally asked We find, however, that the applicants they must submit affidavits from the applicants’ counsel to file additional have not provided sufficient appropriate officers of Cascade and information on Vanguard’s earlier documentation if they wish us to Vanguard discussing in detail Cascade’s efforts to sell Cascade and to review the consider approving the transaction dependence on additional financing to applicants’ records to see whether the under the “failing company” doctrine or maintain operations, its inability to original application contained all the section 408’s savings clause, as obtain additional financing from anyone material required by § 303.13(c) of the discussed below. We are therefore but Horizon, and Vanguard’s inability to Department’s rules, which requires the requiring the applicants to provide us sell its interest in Cascade to anyone but filing of documents on such matters as additional documentation if they wish Horizon. The affidavits should also competition, new entry, profitability, us to apply the "failing company” explain why Cascade found it necessary and scheduling.2 In response, the doctrine or the savings clause. We have to seek protection under chapter 11 of applicants by October 21 filed decided to allow interested persons to the Bankruptcy Code. In addition, the Vanguard’s documents on its efforts to comment on the application within applicants must file copies of all sell Cascade and the two carriers’ twenty-one days from the date that the Cascade and Vanguard documents materials required by § 303.13(c), and applicants either provide the additional relevant to their claims that Cascade asked for confidential treatment for documentation required for the “failing cannot maintain operations without those filings. The applicants also filed company” doctrine and the savings Horizon’s financial assistance and that copies of relevant pleadings form clause or the date that the applicants the "failing company” doctrine is Cascade’s bankruptcy proceeding. notify us and the other parties that they applicable. The applicants should file choose not to seek approval on those the affidavits and other documents grounds. Comments may address the 2 The staffs informal request was confirmed by an October 11,1985, letter to applicants' counsel, a 4 Southwest Air/ines-Muse Air Show-Cause copy of which is included in the docket of this 3 We will grant the State’s motion for leave to file Acquisition Proceeding, Orders 85-5-28 (May 3, proceeding. its objections. 1985} at 20-22 and 85-6-79 (June 24,1985) at 21-27. 48148 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices fourteen days after the issuance of this believe the application is adequate in prepared for a proposed highway project order. these areas. If, however, the State can in the Municipality of Anchorage, The applicants also have asked the show that other carriers may not be able Alaska. Department to approve the Acquisition to gain entry into one or more of the FOR FURTHER INFORMATION CONTACT: under section 408’s savings clause, if the airports served by the applicants, we Tom Neunaber, Operations Engineer, Department finds that the transaction would consider requiring additional Federal Highway Administration, P.O. will result in a monopoly or a information. Box 1648, Juneau, Alaska 99801, substantial reduction in competition. Confidentiality Telephone (907) 586-7428; Merlyn L. The savings clause allows the Paine, Central Region Environmental Department to approve an The applicants requested confidential Coordinator, Alaska Department of anticompetitive transaction if its effects treatment for the documentation Transportation and Public Facilities, are outweighed in the public interest by submitted after filing of the original P.O. Box 196900, Anchorage, Alaska meeting significant transportation needs application. We will grant the motion, 99519-6900, Telephone (907) 266-1508. and conveniences which would not be subject to reconsideration at any time satisfied by reasonably available, less for good cause shown. Counsel and SUPPLEMENTARY INFORMATION: The anticompetitive alternatives. Section experts for other parties may inspect the FHWA, in cooperation with the Alaska 408(b)(1)(B) of the Act. The application, documents on the submission of an Department of Transportation and however, does not include an adequate affidavit stating that he or she will Public Facilties (ADOT&PF), will response to the filing requirements preserve the confidentiality of the prepare an Environmental Imjpact applicable to a party seeking section 408 information contained in the documents. Statement (EIS) on proposed approval under the savings clause, S e e Order 85-7-17 (July 3,1985) at 2. improvements to C Street in the § 303.15, although the proponents of the Accordingly, Municipality of Anchorage (MOA), transaction must demonstrate the 1. We direct the applicants to file Alaska. The proposed action is the applicability o£the savings clause. If the within 14 calendar days all material construction of an expressway facility applicants nonetheless wish us to relevant to the “failing company” along the C Street corridor between consider approving Horizon’s doctrine and the transaction's public Minnesota Drive and Tudor Road. The acquisition on these grounds, they must benefits under the savings clause of proposed project is approximately four file the material required by § 303.15 section 408, if the applicants wish the miles long; one and one-half miles of the fourteen days after this order’s issuance. Department to consider approval of the length will be construction on a new We recognize the applicants’ interest transaction under either theory; location (between Minnesota Drive and in obtaining an early approval for 2. We direct interested parties to file Dimond Boulevard). Horizon’s acquisition. We intend to rule their comments on the application Proposed imrpovements would promptly on the merits of their within 21 calendar days after the include: four to six express lanes for application, but our ability to do so applicants either provide the through traffic along the entire length of largely depends on the applicants’ documentation called for by ordering the project; a one-way street system on timely submission of the additional paragraph 1 or give notice to the each side of the express lanes which information required by this order and Department and the parties that the would have at-grade intersections with needed for our review of the transaction. applicants do not wish to consider all existing arterial and collector streets The State’s Objection approval of the transaction under either for local access; full urban interchanges the “failing company” doctrine or the The State argues that the application at Tudor Road, Dimond Boulevard, and savings clause of section 408; is incomplete with respect to equipment Minnesota Drive; modified urban 3. We grant, subject to and facilities information (14 CFR interchanges ait 100th Avenue, 92nd reconsideration at any time for good 303.12), financial and competitive data Avenue, Dowling Road, and cause shown, the applicants’ motion for (14 CFR 303.11 and 303.13, respectively), International Airport Road intersections; confidential treatment; and resource availability (14 CFR grade separations (over or 4. We grant the request of the State of 303.14). undercrossings) at the Alaska Railroad We agree, in part, with the State’s Washington for leave to file its (Neilsen Way), 64th Avenue, 68th objections, particularly with the objections;,and Avenue, and 76th Avenue (76th Avenue contention that the application’s 5. This order will be published in the would have access ramps to and from information is insufficient to allow Federal Register. the north); a new bridge crossing consideration of the “failing company” Matthew V. Scocozza, Campbell Creek; facilities for doctrine. However, the earlier staff A ssistan t Secretary for Policy and pedestrian, bicyclists, handicapped, and requests that the applicants file International Affairs. transit users; signalization and documentation on Vanguard’s efforts to [FR Doc. 85-27726 Filed 11-20-85; 8:45 am] illumination; and a drainage system. The sell Cascade, and this order’s BILLING CODE 4910-62-M proposed would be stage constucted. requirement for additional information, The proposed action is necessary to address that problem. The State also meet current and future traffic demands alleged that the original application’s Federal Highway Administration on the facility. The existing C Street facility between Dimond Boulevard and filing of competitive information .appears Environmental Impact Statement; Tudor Road is primarily a two-lane to be incomplete, but the later filing qf Anchorage, AK information and this order’s street with a 40-foot paved surface. requirements should also serve to AGENCY: Federal Highway South of Dimond Boule vard, C Street remedy that problem. Administration (FHWA), DOT. does not presently exist. The major The State, on the other hand, a c t i o n : Notice of intent. intersections in the proposed project incorrectly asserted that the applicants area are currently operating near failed to file adequate information on s u m m a r y : The FHWA is issuing this capacity during peak hours. The airport facilities and potential notice to advise the public that an proposed action is an integral part of the restrictions on entry at any airport. We environment impact statement will be Anchorage Metropolitan Area Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices 4 8149

Transportation Study (AMATS) Long Warner Road from the vicinity of provisions of the Hours of Service Act Range Transportation Plan and Randolph Avenue to the proposed East (83 Stat. 464, Pub. L. 91-169, 45 U.S.C. Transportation Improvements Plan and Central Business District (ECBD) 64a(e)). the MOA Official Streets and Highway Bypass, while the second involves the Plan. The Hours of Service Act currently construction of a new segment of makes it unlawful for a railroad to Alternatives to the proposed action Shepard Road, referred to as the ECBD which would be considered in the EIS require specified employees to remain Bypass, between Warner Road and I- on duty for a period in excess of twelve incude: widening the existing facility 35E (north of downtown Saint Paul). The with at-grade intersections; hours. However, the Hours of Service proposed project generally consists of Act contains a provision that permits a transportation systems management; the construction or reconstruction of a mass transit; and making no railroad which employs not more than divided four (4) lane arterial type street. fifteen employees who are subject to the improvements (No-Build Alternative). The total project length will be from 4.75 A scoping process to identify the full statute to seek an exemption from the to 5.25 miles depending on the specific twelve-hour limitation. range of issues related to the proposed location corridor and final alignment action will include solicitation of sleeted. Little Rock and Western Railway Corp. comments from appropriate Federal, Various alignment alternatives are (LRWN) State, and local agencies, private being considered along the entire length [FRA Waiver Petition Docket No. HS-85-11] organizations, and the public. This of the project, particularly along process will most likely include formal Shepard Road between Randolph The LRWN seeks a continuation of a and informal meetings and written Avenue and Chestnut-Eagle Street, at previously issued exemption so that it correspondence. AH meetings will be the Shepard Road-Warher Road-ECBD can permit certain employees to remain announced well in advance of their Bypass interchange area, and at the on duty not more than sixteen hours in scheduled dates. ECBD Bypass connection to I-35E north any twenty-four hour period. (Catalog of Federal Domestic Assistance of downtown Saint Paul. Some of these • The LRWN states that it is not their Program Number 20.205, Highway Research, alternatives may be dropped form intention to employ a train crew over Planning and Construction) consideration while others are added as twelve (12) hours per day under normal Issued on: November 13,1985. a result of the scoping process. The “Do operating conditions, but that this Robert E. Ruby, Nothing” or “No Build” alternative will exemption, if granted, would help their Assistant Division Administrator, Federal also be evaluated in the environmental operation if they encountered unusual Highway Administration, Juneau, Alaska. review process. - operating conditions or circumstances. [FR Doc. 85-27751 Filed 11-20-85; 8:45 am] A task force will be formed, The petitioner indicates that granting BILLING CODE 4910-22-M comprised of representatives from the the exemption is in the public interest public and all interested agencies and and will not adversely affect safety. parties to participate in the scoping Additionally, the petitioner asserts that Environmental Impact Statement; Saint process. Information will be sent to it employs not more than fifteen Paul, MN Federal, State and local agencies that employees and has demonstrated good may have an interest in the project to cause for granting this exemption. a g e n c y : Federal Highway inform them of the proposed project and Administration (FHWA), DOT. scoping progress, as well as to solicit AT&L Railroad Company (AT&L) a c t io n : Notice of Intent. their comments and concerns. [FRA Waiver Petition Docket No. HS-85-12] To ensure that the full range of issues s u m m a r y : The FHWA is issuing this related to this project are addressed and The AT&L seeks this exemption so notice to advise the public that an all significant issues identified, that it can permit certain employees to environmental impact statement will be comments and suggestions are invited remain on duty not more than sixteen prepared for a proposed highway project from all interested parties. Comments or hours in any twenty-four period. in Saint Paul, Minnesota. questions concerning this proposed The AT&L provides switching service FOR FURTHER INFORMATION CONTACT: project and the EIS should be directed to between Watonga, Oklahoma, and El Mr. Tom Fudaly, Area Engineer, Federal the FHWA or the City of Saint Paul at Reno, Oklahoma, a distance of 39.7 Highway Administration, Suite 490, the addresses provided above. miles. The normal operation of the Metro Square Building, Saint Paul, Issued on November 13,1985. railroad calls for only one (1) train per Minnesota 55101, Telephone (612) 349- Alan J. Friesen, day, with work completed within the 5238, or Mr. Robert Peterson Associate twelve hour limitation. This exemption, District Engineer. City Engineer, City Hall Annex, Saint if granted, would allow the carrier to Paul, Minnesota 55102, Telephone (612) [FR Doc. 85-27829 Filed 11-20-85; 8:45 am] function if they encountered unusual 298-5070. BILLJNG CODE 4910-22-M operating conditions jor circumstances. SUPPLEMENTARY INFORMATION: The The petitioner indicates that granting FHWA, in cooperation with the Federal Railroad Administration the exemption is in the public interest Minnesota Department of and will not adversely affect safety. Transportation and the City of Saint [FRA Waiver Petition Docket No. HS-85-11, Additionally, the petitioner asserts that Paul, intends to prepare a draft etc.] it employs not more than fifteen Environmental Impact Statement (EIS) employees and has demonstrated good for a proposed street construction Little Rock & Western Railway Corp. et cause for granting this exemption. al.; Exemption project in the City of Saint Paul referred Kankakee, Beaverville and Southern to as the Shepard Road Improvement In accordance with 49 CFR 211.9 and Railroad (KB&S) and Construction project. The project 211.41, notice is hereby given that eleven consists of two (2) separate, but related, railroads have petitioned the Federal [FRA Waiver Petition Docket No. HS-85-13] projects. The first involves the Railroad Administration (FRA) for a The KB&S seeks this exemption so upgrading of existing Shepard Road and waiver of compliance with the that it can permit certain employees to 4 8150 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Notices

remain on duty not more than sixteen Green Mountain Railroad (GM) for a non-profit excursion company, hours in any twenty-four hour period. [FRA Waiver Petition Docket No. HS-85-16] hauling passengers oh weekends and The KB&S provides switching service special occasions. , The GM seeks a continuation of a to six grain elevators and stores empty The PV states that it is not their previously issued exemption so that it cars for two private rail car owners. The intention to operate a train crew over can permit certain employees to remain normal operation of the railroad calls for twelve (12) hours per day under normal on duty not more than sixteen hours in only one (1) train per day, with work operating conditions, but that this any twenty-four hour period. completed within eight to ten hours. The GM provides service between exemption, if granted, would help their This exemption, if granted, would allow Bellows Falls, Vermont, and Rutland, operation if they encountered unusual the carrier to function if they Vermont, a distance of 50 miles. The GM operating conditions or circumstances. encountered unusual operating states that it is not their intention to The petitioner indicates that granting conditions or circumstances. operate a train crew over twelve (12) the exemption is in the public interest The petitioner indicates that granting hours per day under normal operating and will not adversley effect safety. the exemption is in the public interest conditions, but that this exemption, if Additionally, the petitioner asserts that and will not adversely affect safety. granted, would help their operation if it employs not more than fifteen Additionally, the petitioner asserts that they encountered unusual operating employees and has demonstrated good it employs not more than fifteen conditions or Circumstances. cause for granting this exemption. employees and has demonstrated good The petitioner indicates that granting West Tennessee Railroad (WT) cause for granting this exemption. the exemption is in the public interest [FRA Waiver Petition Docket No. HS-85-20] Tennken Railroad Company (TK) and will not adversley affect safety. Additionally, the petitoner asserts that it The WT seeks this exemption so that [FRA Waiver Petition Docket No. HS-85-14] employes not more than fifteen it can permit certain employees to The TK seeks this exemption so that it employees and has demonstrated good remain on duty not more than sixteen can permit certain employees to remain cause for granting this exemption. hours in any twenty-four hour period. on duty not more than sixteen hours in Ontario Midland Railroad (OM) The WT provides service between any twenty-four hour period. Kenton and Jackson, Tennessee, a The TK provides service between [FRA Waiver Petition Docket No. HS-85-18] distance of 47 miles. The normal Dyersburg, Tennessee, to HiGkman, The OM seeks a continuation of a operation of the railroad calls for only Kentucky, a distance of 51.7 miles. The previously issued exemption so that it one (1) train per day, with work normal operation of the railroad calls for can permit certain employees to remain completed within the twelve-hour only one (1) train per day, with work on duty not more than sixteen hours in limitation. This exemption, if granted, completed within the twelve hour any twenty-four hour period. would allow the carrier to function if limitation. This exemption, if granted, The OM provides service, on two they encountered unsual operating would allow the carrier to function if interconnected lines joined at conditions or circumstances. they encountered unusual operating Walliogton, New York. The first line is The petitoner indicates that granting conditions or circumstances. between Newark, New York and Sodus the exemption is in the public interest The petitioner indicates that granting Point, New York, a distance of 15 miles. and will not adversely affect safety. the exemption is in the public interest The second line is between West Additionally, the petitioner asserts that and will not adversely affect safety. Webster, New York and Red Creek, it employs not more than fifteen Additionally, the petitioner asserts that New York, a distance of 40.6 miles. employees and has demonstrated good it employs not more than fifteen Total mileage operated by the OM is cause for granting this exemption. employees and has demonstrated good 55.6 miles. cause for granting this exemption. The OM states that it is not their Illinois and Rock River Railroad (IROC) Maryland & Delaware Railroad (M&D) intention to operate a train crew over [FRA Waiver Petition Docket No. HS-85-21] twelve (12) hours per day under normal The IROC seeks this exemption so [FRA Waiver Petition Docket No. HS-85-15] operating conditions, but that this that it can permit certain employees to The M&D seeks this exemption so that exemption, if granted, would help their remain on duty not more than sixteen it can permit certain employees to operation if they encountered unusual hours in any twenty-four hour period. remain on duty not more than sixteen operating conditions or circumstances. hours in any twenty-four hour period. The petitioner indicates that granting The normal operation of the railroad The M&D provides line haul and the exemption is in the public interest calls for only one (1) train per day, with industrial switching service on 117 miles and will not adversely affect safety. work completed within the twelve-hour of track located in the states of Additionally, the petitoner asserts that it limitation.This exemption, if granted, Maryland and Delaware. The normal employs not more than fifteen would allow the carrier to function if operation of the railroad calls for only employees and has demonstrated good they encountered unusual operating one {1} train per day, with work cause for granting this exemption. conditions or circumstances. completed within the twelve hour limit. The petitioners indicates that granting Pioneer Valley Railroad (PV) This exemption, if granted, would allow the exemption is in the public interest the carrier to function if they (FRA Waiver Petition Docket No. HS-85-19] and will not adversely effect safety. encountered unusual operating The PV seeks a continuation of a Additionally, the petitioner asserts that conditions or circumstances. previously issued exemption so that it it employs not more than fifteen The petitoner indicates that granting can permit certain employees to remain employees and has demonstrated good the exemption is in the public interest on duty not more than sixteen hours in cause for granting this exemption. and will not adversely affect safety. any twenty-four hour period. Ontario Central Railroad (OC) Additionally, the petitioner asserts that The PV provides freight service it employs not more than fifteen between Holyoke and Westfield, [FRA Waiver Petition Docket No. HS-85-22] employees and has demonstrated good Massachusetts, a distance of 24 miles in The OC seeks this exemption so that cause for granting this exemption. addition, the PV is a contract operation it can permit certain employees to Federal Register / Voi. 50, No. 225 / Thursday, November 21, 1985 / Notices 48151 remain on duty not more than sixteen Motor Vehicle Safety Standard No. 109, Issued on: November 18,1985. hours in any. twenty-four hour period. “New Pneumatic Tires-—Passenger Barry Felrice, . OC provides service, between East Cars”. The basis ofthe grant was that Associate Administrator for Rulemaking. Shortsville and West Victor, New York, the noncompliance is inconsequential as [FR Doc. 85-27833 Filed 11-20-85; 8:45 am] a distance of 12.9 miles. The OC states it relates to motor vehicle safety. BILLING CODE 4810-59-M that it is not their intention to operate a . Notice of receipt of the petition was train crew over twelve (12) hours per published on July 29,1985, and an day under normal operating conditions, opportunity afforded for comment (50 FR but that this exemption, if granted, 30778). DEPARTMENT OF THE TREASURY would help their operation if they Paragraph section 4.3(e) of Standard Internal Revenue Service encountered unusual operating No. 109 requires that the sidewall of conditions or circumstances. , each tire be labeled with the actual Commissioner’s Advisory Group; The petitioner indicates that granting number of plies in the sidewall, and the Renewal the exemption is in the public interest actual number of plies in the tread area, and will not adversely affect safety. if different. Sumitomo produced 6,821 Pursuant to the Federal Advisory Additionally, the petitioner asserts that SC675 White Slim Line passenger car Committee Act of October 6,1972, (Pub. it employs not more than fifteen tires, size designation P215/75R14, L. 92-463, 86 Stat. 770-776, 5 U.S.C. App. employees and has demonstrated good where the actual number of plies in the 1, Supp. II), and with the approval of the cause for granting this exemption. tread area was mistakenly labeled as Secretary of the Treasury and the Interested persons are invited to “4” plies instead of “6” plies. The concurrence of the Office of participate in these proceedings by incorrect labeling indicates "TREAD 4 Management and Budget, the Office of submitting written views and comments. PLIES 2 POLYESTER + 2 STEEL + 2 the Commissioner of Internal Revenue FRA has not scheduled a hearing or NYLON” whereas the correct labeling announces the renewal of the following other opportunity for oral comments should indicate “TREAD 6 PLIES 2 advisory committee: since the facts do not appear to warrant POLYESTER + 2 STEEL + 2 NYLON”. T itle: The Advisory Group to the it. Communications concerning the The tires were manufactured during the Commissioner of Internal Revenue proceedings should identify the docket period from October 16,1983 through P u rp ose: The primary purpose of the number and must be submitted in June 9,1985. Advisory Group is to provide an triplicate to the Docket Clerk, Office of Sumitomo has impounded 509 of the organized public forum for discussion Chief Counsel, Federal Railroad tires in its possesion and all recovered of relevant tax administration issues Administration, Nassif Building, 400 tires were rebranded with the correct between officialsof IRS and Seventh Street, SW., Washington, DC information of “6 PLIES”. Of the 20590. representatives of the public. The remaining tires, 5,860 were shipped to Advisory Group also offers Communications received before the United States, 216 to Puerto Rico, constructive observations about IRS’ January 10,1986 will be considered by and 236 to Canada. Therefore, this FRA before final action is taken. current or proposed policies, petition affects 6,076 passenger car tires programs, and procedures and, where Comments received after that will be shipped to jurisdictions covered by the considered, as far as practicable. necessary, suggests ways to improve National Traffic and Motor Vehicle IRS’ operations. All comments received will be Safety Act (15 U.S.C. 1381 e t se q .). The Commissioner and other senior available for examiniation both before Sumitomo argued that the officials receive from the Advisory and after the closing date for comments noncompliance is inconsequential Group a significant amount of during regular business hours (9 a.m.-5 because the failure to label property has information about the problem p.m.) in Room 8201, Nassif Building, 400 no impact on motor vehicle safety and taxpayers encounter, not only in dealing Seventh Street, SW., Washington, D.C. the tires otherwise comply with with IRS, but also in meeting obligations 20590. Standard No. 109. imposed on them statutorily. The Issued in Washington, D.C., on November No comments were received on the Service uses the advice of the Advisory 15,1985. petition. Group to develop a tax administration J.W. Walsh, After consideration, NHTSA has system which reflects the simplest, most Associate Administrator for Safety. concluded that the labeling error is an equitable approach to administering the obvious one since it is followed by a IFR Doc. 85-27791 Filed 11-20-85; 8:45am] tax system that it is within our power to discrete count of the six plies of generic BILLING CODE 4910—06—M pursue. Accordingly, the Advisory cord material in the tire. The error in no Group conveys to the Seryice the way affects the load carrying or public’s perceptions of IRS activities. National Highway Traffic Safety endurance properties of the tires, and Administration retreading operations will not Termination Date: The services of the compromise safety. Accordingly it is Group are expected to be needed for [Docket No. IP85-12; Notice 2] hereby found that Sumitomo has met its an indefinite period of time. No termination date has been established Sumitomo Rubber Industries, Ltd.; burden of persuasion that the which is less than two years from the Grant of Petition for Determination of noncompliance herein described is date the Advisory Group’s Charter is Inconsequential Noncompliance inconsequential as it relates to motor vehicle safety and its petition is granted. approved. The Advisory Group’s This notice grants the petition by The engineer and attorney primarily Charter is approved by signature of Sumitomo Rubber Industries, Ltd., of responsible for this notice are Art v the Assistant Secretary of the Kobe, Japan, to be exempted from the Casanova and Taylor Vinson, Treasury for Management. notification and remedy requirements of respectively. Rescoe L. Egger, Jr., the National Traffic and Motor Vehicle (Sec. 102. Pub. L. 93-492, 88 Stat. 1470 (15 Commissioner. Safety Act (15 U.S.C. 1381 e t s e q .) for a U.S.C. 1417); delegations of authority at 49 [FR Doc. 85-27837 Filed 11-20-85; 8:45 am] noncompliance with 49 CFR 571.109, CFR 1.50 and 49 CFR 501.8) BILLING CODE 4830-01-M 48152 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / N otices

UNITED STATES INFORMATION AGENCY

Medical Science Advisory Committee; Establishment The United States Information Agency announces the creation of the Medical Science Advisory Committee, effective November 14,1985. Members of this new committee will be eminent cardiologists who are interested in sharing their medical knowledge with foreign countries. The committee will advise USIA on how to disseminate information on medical science and technology through the communications facilities of the U.S. Information Agency. Creation of this committee is considered to be in the public interest. Dated: November 14,1985. Charles N. Canestro, Federal Register Liaison. [FR Doc. 85-27828 Filed 11-20-85; 8:45 am] BILLING CODE 8230-01-M 48153

Sunshine Act Meetings Federal Register Vol. 50, No. 225

Thursday, November 21, 1985

This section of the FEDERAL R EG ISTER Federal Communications Commission. Partial Wellhead Decontrol (Columbia Gas contains notices of meetings published William J. Tricarico, Transmission Corporation) under the “Government in the Sunshine CAM-11— RM85-1-000 (Parts A-D), Secretary. ' Act” (Pub. L. 94-409) 5 U.S.C. 552b(e)(3). Regulation of Natural Gas Pipelines After [FR Doc. 85-27935 Filed 11-19-85; 3:58 pmj Partial Wellhead Decontrol (Frito-Lay, Inc.) BILLING CODE 6712-01-M CAM-12— RM85-1-000 (Parts A-D), CONTENTS Regulation of Natural Gas Pipelines After Partial Wellhead Decontrol (Battle Creek Item 2 Gas Company and Kellogg Company) Federal Communications Commission. 1 FEDERAL DEPOSIT INSURANCE CAM-13— RM85-1-000 [Parts A-D), Federal Deposit Insurance Corpora­ CORPORATION Regulation of Natural Gas Pipelines After tion ...... 2 Partial Wellhead Decontrol (Teepak Inc. Federal Energy Regulatory Commis­ Agency Meeting and Consolidated Fuel Supply, Inc.) sion ...... 3 Pursuant to the provisions of the CAM-14— RM85-1-000 (Parts A-D), National Credit Union Administration.... 4 "Government in the Sunshine Act" (5 Regulation of'Natural Gas Pipelines After National Transportation Safety Board.. 5 U.S.C. 552b), notice is hereby given that Partial Wellhead Decontrol (Southwest Securities and Exchange Commission.______6 at 3:15 p.m. on Friday, November 15, Gas Company and United Distribution 1985, the Board of Directors of the Companies) 1 Federal Deposit Insurance Corporation CAM-15— RM85-1-000 (Parts A-D). Regulation of Natural Gas Pipelines After FEDERAL COMMUNICATIONS COMMISSION met in closed session, by telephone Partial Wellhead Decontrol (Energy November 18,1985. conference call, to consider a personnel Marketing Exchange Inc.) matter. Kenneth F. Plumb, The Federal Communications In calling the meeting, the Board Commission will hold a Special Open determined, on motion of Director Irvine Secretary. Meeting on the subject listed below on H. Sprague (Appointive), seconded by [FR Doc. 85-27847 Filed 11-19-85; 9:03 am] Monday, November 25,1985, which is Mr. Michael A, Mancusi, acting in the BILLING CODE 6717-02-M scheduled to commence at 2:00 p.m., in place and stead of Director H. Joe Selby Room 856, at 1919 M Street, NW„ (Acting Comptroller of the Currency), 4 Washington, DC. that Corporation business required its consideration of the matter on less than NATIONAL CREDIT UNION Agenda, Item No., and Subject seven days’ notice to the public; that no ADMINISTRATION Mass Media— 1— Title: Applications to earlier notice of the meeting was TIME AND d a t e : 11:00 a.m., Tuesday, transfer control of Storer Communications, practicable; that the public interest did November 26,1985. Incorporated, licensee of television stations not require consideration of the matter p l a c e : 1776 G Street NW„ Washington, WAGA-TV, Atlanta, Georgia;WJBK-TV, in a meeting open to public observation; DC 30456, Filene Board Room, 7th Floor. Detroit, Michigan: W JKW -TV, Cleveland, and that the matter could be considered Ohio: WTVG, Toledo, Ohio; W ITI-TV , in a closed meeting pursuant to s t a t u s : Closed. Milwaukee, Wisconsin; KCST-TV, San subsections (c)(2) and (c)(6) of the MATTER TO BE CONSIDERED*. Diego, California; WSBK-TV, Boston, “Government in the Sunshine Act” (5 1. Purchase of Agency Capital Equipment. Massachusetts; and K62AR (translator), La U.S.C. 552b(c)(2) and (c)(6)). Jolla, California; from The Board of Closed pursuant to exemption (2). Dated: November 19,1985. Directors of Storer Communications, FOR MORE INFORMATION CONTACT: Federal Deposit Insurance Corporation. Incorporated, on behalf of all shareholders, Rosemary Brady, Secretary of the Board, Hoyle L. Robinson, to SCI Holdings, Inc. (BTCCT-850715KE- telephone (202) 357-1100. KL). Summary: The Commission will Executive Secretary. Rosemary Brady, consider SCI Holdings’ applications to [FR Doc. 85-27925 Filed 11-19-85; 3:36 pm) Secretary of the Board. acquire control of Storer Communications. BILUNG CODE 6714-01-M Since the Grade B contours of television [FR Doc. 85-27924 Filed 11-19-85; 3:35 pm) stations WJBK-TV, Detroit; WTVG, BILLING CODE 7535-01-M Toledo; and W JKW -TV, Cleveland overlap 3 one another, Section 73.3555(a)(3) of the FEDERAL ENERGY REGULATORY 5 Commission’s Rules prohibits their transfer COMMISSION to a single entity. SCI Holdings has stated NATIONAL TRANSPORTATION SAFETY “FEDERAL REGISTER” CITATION OF that it will divest itself, within 18 months of BOARD PREVIOUS ANNOUNCEMENT: 49 FR 47497, consummation, of either the Detroit or November 18,1985. “FEDERAL REGISTER” CITATION OF Toledo television station and has requested PREVIOUSLY ANNOUNCED TIME AND DATE PREVIOUS ANNOUNCEMENT: 50 FR 45960, that the rule be waived permanently to November 5,1985. permit common ownership of the Cleveland OF MEETING: 10:00 a.m., November 20, station with either the Toledo or Detroit 1985. PREVIOUSLY ANNOUNCED TIME AND DATE television station. No election has been CHANGE IN THE MEETING: The following OF MEETING: 9 a.m., November 13,1985. made. The Commission will also consider a items have been added: PLACE: NTSB Board Room Eighth Floor, petition to deny filed by Ferris E. and Irene Item Nos., Docket Nos., and Companies 800 Independence Avenue, SW., V. Traylor. CAM-10— RM85-1-000 (Parts A-D), Washington, DC 20594. Issued: November 18,1985. Regulation of Natural Gas Pipelines After STATUS: Open. 48154 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Sunshine Act Meetings

MATTERS TO BE CONSIDERED: A majority Formal orders of investigation. directors of registered holding companies and of the Board determined by recorded Litigation matter. their subsidiaries. The amendments to Rule 50 would codify revised competitive bidding vote that the business of the Board Institution of administrative proceedings of an enforcement nature. procedures and address potential conflicts of required cancelling this meeting at this Institutions of injunctive actions. interest, The Commission had redrafted the time and that no earlier announcement Settlement of injunctive actions. proposal to reflect certain comments received was possible. Chapter 11 proceeding. on the initial proposal. For further CONTACT PERSON FOR MORE information, please contact Denis R. Molleur information : Catherine T. Kaputa (202) The subject matter of the open at (202) 272-2073 or Elizabeth K. Norsworthy 382-6525. meeting scheduled for Thursday, at(202) 272-2048. Catherine T. Kaputa, November 21,1985, at 3:00 pjn., will be: 3. Consideration of whether to issue notices Federal Register Liaison Officer. 1. Consideration of whether to issue a of and orders for hearing on two applications November 19,1985. release forqjublic comment proposed filed by South Jersey Industries, Inc. (“South [FR Doc. 85-27905 Filed 11-19-85; 1:08 pm] amendments to Securities Exchange Act Rule Jersey”), an exempt holding company under the Public Utility Holding Company Act of BILLING CODE 7533-01-M I7,f-1 that, among other things, would: (1) Broaden existing registration exemptions to 1935 (“Act”). The first application requests an include all reporting institutions that limit order permitting South Jersey to acquire 6 their securities activities to uncertificated Chesapeake Utilities Corporation SECURITIES AND EXCHANGE COMMISSION securities, global certificate securities issues (“Chesapeake”). The second application Notice is hereby given, pursuant to the or any securities for which neither record nor request an order declaring that if South provisions of the Government in the beneficial owners can obtain negotiable Jersey’s proposed acquisition of Chesapeake Sunshine Act, Pub. L. 94-409, that the securities certificates; (2) eliminate current is approved, and South Jersey obtains control exemptions from the reporting and inquiry of Chesapeake, it will remain entitled to its Securities and Exchange Commission requirements for registered government will hold the following meetings during securities, security issues that are not exempt status under the Act. For further the week of November 18,1985. assigned CUSIP numbers, and bond coupons, information, please contact William C. A closed meeting will be held on and replace them with exemptions for Weeden at (202) 272-7683. Wednesday, November 20,1985, at 10:00 uncertificated securities, global certificate 4. Consideration of whether to adopt a m. An open meeting will be held on securities issues and any securities for which amendments to various rules and forms under Thursday, November 2Î, 1985, at 3:00 neither record nor beneficial owners can the Securities Acts. These amendments p.m., in Room 1C30. obtain negotiable securities Certificates; (3) would eliminate rules which are duplicative The Commissioners, Counsel to the reduce the cfe minimis exemption from the of generally accepted accounting principles Commissioners, the Secretary of the inquiry requirements to securities or otherwise unnecessary, clarify language or transactions that have an aggregate value, of conform rules to existing staff interpretations Commission,- and recording secretaries $5,000 or less; (4) narrow the customer will attend the closed meeting. Certain and correct technical omissions and errors. exemption from the inquiry provisions to For further information, please contact John staff members who are responsible for circumstances where a 'reporting institution W. Albert at (202) 272-2130. the calendared matters may be present. receives securities certificates from a person The General Counsel of the to whom it previously had sold those At times changes in Commission Commission, or his designee, has certificates; arid (5) define “appropriate law certified that, in his opinion, the items to enforcement agency,” “uncertificated priorities require alternations in the scheduling of meeting items. For further be considered at the closed meeting may security,” and “global certificate securities be considered pursuant to one or more issue." For further information, please information and to ascertain what, if of the exemptions set forth ih 5 U.S.C; contact Joseph Furey at (202) 272-2416. any, matters have been added, deleted 552b(c) (4), (8), (9)(A) and (10) and 17 (2) Consideration of whether to repropose or postponed, please contact: Ida for public comment a revision of Rule 70 and Wurczinger at (202) 272-2014. CFR 200.402(a) (4), (8), (9)(i) and (TO). amendments to Rule 50 under the Public Commissioner Peters, as duty officer, Utility Holding Company Act of 1935. The Dated: November 8,1985 voted to consider the items listed for the revision of,rule 70 would simplify and expand John Wheeler, closed meeting in closed session. the exemptions now available under the Secretary. ' The subject matter of the closed existing rule which permit persons affiliated meeting scheduled for Wednesday, with investment bankers and commercial [FR Doc. 85-27906 Filed 11-19-85; 1:08 pm] November 20,1985, at 10:00 a.m., will be: banking institutions to serve as officers or BILLING CODE 8010-01-M Thursday November 21, 1985

Part II

Department of Health and Human Services

Food and Drug Administration

21 CFR Part 870 Medical Devices; Cardiac Monitor; Performance Standard Development; Advance Notice of Proposed Rulemaking 4 8156 Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Proposed Rules

DEPARTMENT OF HEALTH AND performance standard under section 514 adequately controlled by voluntary HUMAN SERVICES of the act (21 U.S.C. 360d). As required standards because of the inadequacy of by section 514(b) of the act, the existing voluntary standards. As Food and Drug Administration proceeding was initiated by publishing discussed later in this notice, such in the Federal Register a notice of voluntary standards indadequately 21 CFR Part 870 opportunity to submit to the agency, define the specific performance features [Docket No. 83N-0191] within 15 days of the date of publication applicable to the product and do not of the notice, a request for a change in require disclosure of sufficient Medical Devices; Invitation for Offers the classification of the device based on information about the behavior of the. To Submit or To Develop a new information relevant to its device either through labels on the Performance Standard for Cardiac classification. FDA did not receive any product or through the user information Monitor (Including Cardiotachometer request for a change in the classification sheets supplied with the product. and Rate Alarm) of the device. Therefore, further action is 2. A comment expressed concern that not required under section 514(b) of the a g e n c y : Food and Drug Administration. any standard developed by the agency act. would primarily be a design standard ACTION: Notice of Inquiry. As provided by section 514(c) of the and would be limited in its usefulness act and Part 861 of the regulations s u m m a r y : The Food and Drug because applied technology changes governing performance standards Administration (FDA) is issuing this rapidly. The comment argued, in development (21 CFR Part 861), FDA is addition, that the requirements of the notice to invite interested persons, continuing the proceeding to establish a including any Federal agency, to submit standard should be confined to safety performance standard for the cardiac and to only those performance any existing standard as a proposed monitor by inviting interested persons to performance standard for the cardiac parameters directly related to safety and submit an existing standard as a effectiveness. monitor (including cardiotachometer proposed performance standard for the As to whether a performance and rate alarm) for use in measuring device or to submit an offer to develop standard for cardiac monitors will, or heart rate, or to submit an offer to such a proposed standard. develop such a proposed standard. If should, primarily be a “design FDA does not receive any response to Comments standard,” FDA advises that section this notice, or receives a response but Although FDA did not receive any 514(a)(2)(B) of the act requires that a does not accept any existing standard or requests for a change in the performance standard for a device offer to develop a standard, the agency classification of the cardiac monitor, the include, to the extent “necessary to will proceed to develop a performance agency received two comments in provide reasonable assurance of its safe standard or take other appropriate response to the July 8,1983 notice. One and effective performance,” provisions action to facilitate the development of a comment was from a hospital and the respecting both design and performance performance standard for the device. other comment was from a manufacturer characteristics of the device. Thus, a DATE: Existing standards or offers shall of cardiac monitors. performance standard for the cardiac be submitted on or before January 21, 1. Each comment noted that there are monitor may include either design or 1986. few difficulties with cardiac monitors performance features, or both, as necessary to provide reasonable ADDRESS: Existing standards or offers and that any such difficulties would be assurance of the safety and of the shall be submitted to the Dockets adequately controlled by adherence to effectiveness of the device. The Center Management Branch (HFA-305), Food existing voluntary standards. Difficulties for Devices and Radiological Health has and Drug Administration, Rm. 4-62, 5600 cited by the comments include failure to considerable experience with Fishers Lane, Rockville, MD 20857. detect cardiac arrhythmias, performance standards issued under the FOR FURTHER INFORMATION CONTACT: misdiagnosis due to inaccurate data as a result of inaccurate or unstable Radiation Control for Health and Safety Glenn E. Conklin, Center for Devices calibration, and electrical shock to users Act of 1968. FDA believes that the and Radiological Health (HFZ-84), Food of the device. distinction, in this case, between and Drug Administration, 5600 Fishers FDA advises that a class II device is performance requirements and design Lane, Rockville, MD 20857, 301-443- defined in section 513(a)(1)(B) of the act requirements is primarily one of the 4874. as one for which it is “necessary to specificity required in the manner of SUPPLEMENTARY INFORMATION: establish for the device a performance implementation of the protection needed standard under section 514” of the act. against a particular health hazard. A Background / Introduction Therefore, even the existence of an performance requirement will enable the Under section 513 of the Federal Food, adequate, adhered to voluntary use of many product-design options. Drug, and Cosmetic Act (the act) (21 standard would not authorize FDA to Close cooperation between all the U.S.C. 360c), FDA is required to classify decline to initiate proceedings to parties in the standards-setting process each medical device into one of three establish a performance standard under is needed to select the appropriate regulatory categories: class I (general section 514 of the act for the device, as balance between design and controls), class II (performance long as it remained in class II. The performance requirements. standards), or class III (premarket existence of an adequate, adhered to Current Action approval). voluntary standard for cardiac monitors In the Federal Register of February 5, could be relied upon by FDA to set Section 514(c)(1)(A) of the act and 1980 (45 FR 7923), FDA published a final priorities for initiating proceedings § 861.20(c) of the regulations provide rule (21 CFR 870.2300) classifying the under section 514 of the act for the that in the event further action is not device, the cardiac monitor (including development of a performance standard required under section 514(b) of the act, cardiotachometer and ratiTalann), into for the device. FDA shall publish in the Federal class II. In the Federal Register of July 8, In any event, the agency believes that Register a notice inviting any interested 1983 (48 FR 31394), FDA initiated a the difficulties with cardiac monitors person, including any Federal agency, to proceeding to establish for the device a enumerated later in this notice are not submit to FDA, within 60 days after the Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Proposed Rules 4 8 1 5 7 date of publication of the notice, an Scope of the Standard; Models of the Risks Associated With the Device and existing standard as a proposed D evice Which Are To Be Controlled by a performance standard or an offer to Performance Standard The term “cardiac monitor” as defined develop a proposed performance for the purpose of § 870.2300 includes FDA believes that the characteristics standard. devices that utilize any signal from of the cardiac monitor necessitating a Section 514(c)(2)(B) of the act and which heart rate information can be performance standard include the § 861.22 of the regulations provide that derived. FDA intends, however, that any importance of the accurate and reliable the notice is to include (1) a description proposed performance standard to be performance of the device, and the or other designation of the device; (2) a offered or developed at this time would general risks to health associated with statement of the risk or risks associated apply only to the cardiac monitor device the electrical and mechanical features of with the use of the device and which are products which utilize electrical signals the device. Its use in medical contexts in intended to be controlled by a associated with the heart. Cardiac which its failure to work properly can performance standard, including monitors thpt function using these have a significant negative effect on the pertinent portions of the electrical signals constitute the majority health of the patient, or can, in some recommendations of FDA’s advisory of the market, are likely to have most of situations, be life-threatening. Some committees with respect to the device; the risks associated with them, and specific risks associated with use of the (3) a summary of the data on which FDA frequently are depended upon for device include cardiac arrhythmia and has found a need for initiation of the critical diagnostic information. electrical shock due to electrical current proceeding to develop a performance Uses of cardiac monitors that employ leakage; misdiagnosis due to inaccurate standard, including pertinent portions of electrical signals associated with the calibration or unstable zero of the the recommendations of FDA’s advisory heart now include, but are not limited to, device or failure to alarm, when committees with respect to the device; monitoring patients in surgery and'in intended, or inadequate processing (4) identification of any existing surgical recovery rooms; monitoring the circuitry; unreliability of transportable performance standard known to FDA condition of emergency patients, devices; and improper cabling. which may be relevant to the especially where heart attack is A description of the risks identified by proceeding; (5) the approximate number suspected, during transport and in FDA’s advisory committees is presented of products (i.e., kinds of models) within emergency care facilities; and in the section of this notice “Summary of the generic type of device; and (6) the monitoring patients in intensive care the Data Supporting the Need for a time period within which the standard is units for long periods. Also, cardiac Performance Standard.” to be developed, which may be monitors are used on persons during Based upon the risks currently known extended by the Commissioner of Food diagnostic stress testing periods to help to FDA, the agency is providing to and Drugs for good cause shown. determine the optimum exercise level interested persons guidance in the Device Description and to prevent overexertion, especially concepts that may be used in a where cardiac problems may be performance standard and that FDA The cardiac monitor is identified in suspected. believes will provide reasonable § 870.2300(a) as a device%used to The many uses of cardiac monitors assurance of the safety and measure the heart rate from an analog that employ electrical signals associated effectiveness of the device. signal produced by an with the heart have led to a multiplicity A cardiac monitor should measure a electrocardiograph, vectorcardiograph, of design combinations for these uses. person’s heart rate with reliability, or blood pressure monitor. This device The cardiac monitor can be part of a accuracy, safety, and compatability with may sound an alarm when the heart rate general diagnostic monitoring system for other devices. These characteristics are falls outside preset upper and lower many patient parameters, such as especially necessary during limits. The agency notes that the term arrhythmia, respiration rate, systolic physiopathologic conditions, such as “sound an alarm” includes any method and diastolic blood pressures, and blood bradycardia or tachycardia. The cardiac of providing an alarm that is appropriate temperatures, or the cardiac monitor can monitor, when intended to provide an to the manner of use of the cardiac be a separate unit that measures only alarm (including an alarm signal to monitor, e.g., aural, visual, tactile, or a cardiac rate. The device can be designed another device) if the heart rate falls signal to another machine. for use on adults, infants, or fetuses. The outside preset upper and lower limits, Cardiac monitors classified by cardiac monitor read-out can be should do so in a timely manner and § 870.2300 include only devices that produced by using a video display, should do so regardless of the method of monitor the beating rate of the heart. liquid crystals, strip chart, orblinking providing the alarm. The read-out of the The term “cardiac monitor” has light. The device can be rack mounted, heart rate should be legible and developed through usage in the medical wall mounted, carried by a person other unambiguous. community, however, and now covers a than the patient, or carried by the The monitor should have the ability to broader rarjge of devices than FDA person being monitored. The cardiac reject or not be affected by considered at the time it issued monitor can be electrically powered environmental noises and spurious § 870.2300, e.g., those that also can either by using self-contained batteries electrical signals, such as signals from detect arrhythmias. For this reason, the or by using the electrical supply mains. other portions of the patient’s body, device classified by § 870.2300 would As of March 20,1984, 65 companies from a pacemaker pulse generator or more appropriately be called a “cardiac have submitted to FDA premarket from other equipment that may be rate monitor,” but for the purpose of this notifications under section 510(k) of the operating nearby. As a corollary, the proceeding it will be referred to as the act (21 U.S.C. 360(k)} regarding cardiac operation of the monitor should not cardiac monitor. The device may but monitors. FDA is aware of about 148 interfere with the functioning of other does not necessarily detect arrhythmias. different models of the device that devices that may be operating nearby. (Arrhythmia detection is the function of vyould be covered by the performance The monitor should not present an a class III device classified by 21 CFR standard proposed to be established in electrical shock or burn hazard to either 870.1025.) this proceeding. the patient or any operator of the device. 48158 Federal Register / Vok 5®, No, 225 /' Thursday?, November 21, 1986 / Proposed Rules

There should not be any electrical! cable: iatrogenic complications. I# the zero, or malfunctions does not provide- interface problems, including broken calibration of the device is inaccurate or quantitative: information mid should be jacks, excessive contact resistance,, stiff unstable, or if foe processing, circuitry is regarded only qualitatively. or weak cables, and cables without inadequate, the dfevice may generate FDA has reviewed recently received strain* relief. If the device is portable for inaccurate diagnostic data. If inaccurate DEN reports to identify those depends upon batteries in the event of a* diagnostic data are used in managing malfunctions of the cardiac monitor that power failure); the state-of charge of the the patient, foe physician may prescribe were- associated with the. heart rate batteries should1 be provided through »course of treatment that places foe monitor function. Specific reported self-contained charge1 measuring patient at risk unnecessarily. malfunctions to September 11,1985, are:, components to inform the operator of The advisory committees offered the (ltj Erratic, operation of the. device due to the remaining operating time. The fbBbwing; reasons for recommending various causes (29 reports); (2). electrical monitor should be well constructed so* that the cardiac monitor (including shorts, including device meltdown,, and that it is mechanically stable. cardiotachometer9 and rate alarms)1 be excessive voltage applied to patient and Each device should be supplied with classified into class Ik operator (8 reports); (3) electrical, cable user information that clearly delineates The cardiac monitor is an electrically interface problems, including broken the proper: usage of that device and the powered device that is neither life- jacks,, nor strain relief on Gables, and stiff quantities measured by that device; The supporting nor life-sustaining, but is caMes (Tl reportsJ;, (4)! rechargeable . information should state the response- of potentially hazardous to life or health battery foils to take an adequate charge,, the monitor when the- input signals are: even when properly used; Failure of foe* including, failure to provide an less than ideal, especially during various device to accurately measure heart rate indication when foe battery is not physiopathoiagiG' situations. The user can result in misdiagnosis that could - charged (7 reports); (5)! failure to alarm information should include statements have a significant negative effect on foe in cases of bradycardia or tachycardia concerning: those cardiac monitoring* patient’s health. The device is attached (4 reports); (8) unreliability in moving uses not intended, for the. unit,, especially ta the body through a series of vehicle (2f reports))- (7), erratic operation those diagnostic: uses that may be: amplifiers, transducers, or electrodes when switching power sources (2 necessary for supporting or sustaining- of and is used in a clinical environment reports); and’ (8) faulty instrument case human life or for a use which is of where excessive leakage current can be construction (4 reports).. substantial importance ira preventing, impairment of human health or that a serious hazard*. Thus; the electrical: In foe Federal Register of September presents a potential unreasonable risk of characteristics of the device, e.g., 14, Î984 (49 FR 36348), FDA issued Part electrical leakage current, need to meet illness or injury.. In addition,, adequate: 803 effective December 13,1984, which user instructions and. servicing certain requirements. Performance requires manufacturers, and importers of instructions should be available to keep characteristics, including' accuracy, medical devices,, including diagnostic the device in proper operating condition reproducibility, and any limitations on devices, to report to FDA whenever the throughout its useful! life. foe device’s measurement of heart rate, manufacturer or importer receives or should be maintained at »generally otherwise becomes aware of S u m m ary o f the. Data Supporting the accepted satisfactory level and should' information that reasonably suggests Need for a Performance Standard be made known to the user through that one of its marketed3 devices (T) may The need to establish a performance special, labeling, The device is used with, have caused or contributed to a death or standard1 for the- cardiac monitor is other devices in a system that may be serious injury or (2) has malfunctioned based on information from FDA’s hazardous if not satisfactorily and that the device or any other device advisory committees, reports received assembled, used,, and maintained. The marketed by the manufacturer or through the agency's Device Experience advisory committees; believed that importer would be likely- fo- cause or Network (DENI, and information general, controls alone would not contribute* to- a death or serious injury if submitted to-the agency under Part 803 provide sufficient control over foe- the malfunction were* to- recur. Several of die regulations- governing*medical performance and electrical such reports regarding cardiac monitors device reporting' (21 CFK Part 803); characteristics of the device;. They have been; submitted* to foe agency The Circulatory System Devices; further believed that a performance under Part 803. These reports currently Panel, the General Hospital and standard would provide reasonable are-being investigated-by FDA and will Personal Use- Dfevices Panel, and! the- assurance of the safety and be considered in foe proceeding to Anesthesiology and* Respiratory effectiveness of the device and that establish- a performance standard for foe Therapy Devices Phnel (formerly the- there is sufficient information to cardiac: monitor to. foe extent that they Chrdiovasculiar Device Classification establish a standard to provide such may bear on the provisions* of any such Panel, the General Hospital and assurance; The; advisory committee standard., Personal Use Device Classification. members based their recoimnendaMon A. search of foe: scientific literature* Panel,, and the* Anesthesiology Device on the potential hazards associated with published since 1980? was made to* Classification Panel*,, respectively); FDA the inherent properties of foe device and; identify significant causes- of advisory- committees,, made; comments: on their personal knowledge of,, and malfunctions of the heart rate monitor concerning the risks to* health presented experience with,, the device. function of the device. No relevant by the cardiac monitor (see the Federal DEN is an FDA system for reporting * publications were found. Register of March 9), 1-979;, 44. F R 13329);, and tracking; malfunctions in medical The committee members noted that devices. The: system is voluntary, which Invitation for Offers T a Submit Existing excessive electrical leakage current can limits: foe: reliability of foe data; FD A Standards disturb- foe normal, electrophysiology of assumes that:: (I); Not all device;- In: accordance with- section the heart,, leading to the onset of cardiac malfunctions are reported; (2); a listing of 514(c)(;l)(A)*of foe act and § 861.20(c), arrhythmias. Also, electrical leakage reported kinds of malfunctions probably FDA invites any interested person, current can cause electrical shock to; a does not include all of foe kinds, of including any Fédéral agency; to submit physician during a, catheterization or malfunctions that occur; and (3) foe by [insert date 60: days after date, o f surgical procedure; this may lead, tor frequency of reported kinds of publication in the Federal Register), an Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Proposed Rules 48159 existing standard as a proposed by itself would provide reasonable offer by January 21,1986. to develop a performance standard for the cardiac assurance of the safety and performance standard for the cardiac monitor. Alternatively, any such person effectiveness of the cardiac monitor, but monitor, as described in this notice, to may submit pertinent portions of an these standards contain many concepts control the risks associated with the existing standard, including completed that should be considered in the device. portions of any standard that is under development of a performance standard Section 514(c)(3) of the act sets out development. under section 514 of the act for the certain criteria applicable to any FDA has identified one voluntary device (Refs. 2, 3, and 4). offerors. Section 514(e)(3) of the act standard that is intended to cover Section 861.24 sets forth the provides that if an offer is accepted, cardiac monitors. This is the “American conditions under which FDA may accept FDA may, upon application which may National Standard^for Cardiac Monitors, an existing standard or a standard be made before the acceptance of the Heart Rate Meters and Alarms” that under development as a proposed offer, agree to contribute to the offeror’s was developed by the Association for performance standard. Accordingly, cost in developing a proposed standard the Advancement of Medical FDA advises that any such submission if FDA determines that such Instrumentation (AAMI) (Ref. 1). The is to include the following: contribution is likely to result in a more standard was approved August 6,1984, 1. A description of the procedures satisfactory standard than would be by the American National Standards used to develop the standard and a list developed without such contribution. Institute, Inc. (ANSI). of persons and organizations that Therefore, in accordance with section As approved August 6,1984, the participated in, or in the event thé 514 (c)(3) and (e) of the act and § 861.26, ANSI/ AAMI voluntary standard has standard is under development, that are FDA advises that any offer to develop a many useful and worthwhile concepts, participating in its development, to the proposed performance standard is to but the agency does not believe that this extent that such information is available include: standard in its current form would be or reasonably obtainable; 1. Information on the offeror’s acceptable as a performance standard to 2. An identification of the specific expertise and experience that qualifies ensure the safety and effectiveness of portions of the existing standard, or the offeror to develop the standard. the current generation of cardiac standard under development, that the 2. Sufficient information on the monitors. person submitting the standard believes offeror’s financial stability to establish In general, the text of the ANSI/AAMI are appropriate for adoption as, or its capability to conduct adequate voluntary standard is not clear and is inclusion in, the proposed standard; and sufficiently difficult to follow that FDA 3. A summary of the test data and standards development either with or believes the intent of the standard may other information, including rationales, without contribution by FDA to the be subverted. FDA believes that some of necessary to support each specific offeror’s costs. Any request for the ambiguity arises from the use of portion of the standard identified by the contribution by FDA to the offeror’s cost undefined technical terms that have person submitting the standard. More of developing the standard shall include: meaning only to a narrow group of detailed information may be requested (i) A list of the items of expense for specialists and from the mixing of concerning certain portions of the which contribution is sought and the labeling requirements, performance standard if FDA determines that the amount requested for each item; requirements, and test methods for summary is inadequate. (ii) A justification of each item of several different devices. In accordance with section 514(d)(2) expense, including an explanation of The ANSI/AAMI voluntary standard of the act, if an existing standard or one how the contribution is likely to ensure does not require disclosure in labeling or that is under development is submitted development of a more satisfactory user information of the response of the to FDA in response to this notice and standard; cardiac monitor to cardiac signals that FDA does not accept the standard, the (iii) A statement that the offeror will are associated with physiopathologic agency will publish a notice of that fact employ an adequate accounting system situations, such as ventricular together with the reasons therefor. In (one in accordance with generally fibrillation and tachycardia. Such accordance with § 861.24(b), if an accepted accounting principles) to information is important knowledge for existing standard or one that is under record the costs and expenditures the operator of the monitor, especially if development is submitted to FDA in allocable to development of the the cardiac rate monitoring function is response to this notice and FDA accepts standard; and part of a generalized cardiac monitoring the standard, or accepts the standard (iv) A statement requesting an system and is being depended upon in a with modification, as a proposed advance payment of funds, if necessary life-supporting or life-sustaining standard, the agency will publish a to enable the offeror to meet operating situation. notice of that fact. FDA advises that in expenses during the development Further, the system noise of the the latter event, it may publish the period. cardiac monitor, including the notice as a notice of proposed 3. Information relating to any potential transducer, does not appear to be rulemaking to establish a performance conflicts of interest on the part of the described appropriately in the ANSI/ standard under section 514(g) of the act offeror, its directors or officers, or any AAMI voluntary standard. FDA believes and § 861.20(e)(1). FDA expects to make employees or consultants who may that the input signal to the system such determination and publish the participate in the development of the should be specified in terms of a ratio of notice of its decision within 180 days standard, including any financial signal power to noise power, normalized after the close of the comment period on interest in the particular device or in the to the system bandwidth of observation, this notice. device industry generally, current or in terms of a suitable equivalent. industrial or commercial affiliates of the Invitation for Offers To Develop There are other voluntary standards, offeror, current sources of financial Proposed Standards some of which are in final form, that are support for research, and all business relevant only in part to a performance In accordance with section entities in which the offeror has a standard for the cardiac monitor. These 514(c)(1)(B) of the act and §§ 861.20(c) financial interest that may be relevant include standards for electrical safety and 861.22, FDA invites any interested to the offeror’s qualifications to develop and fire hazard. None of these standards person, including any Federal agency, to a standard for the particular device. 48160 Federal Register' f VoL 50, Nov 22$ / Thursday, November 21, 1965 f. Proposed Rules

4 Information regarding the offeror’s evaluate the qualifications of the offeror does notf individually or cumulatively compliance with Federal,- State, and on the basis of toe offeror’s expertise, have a significant effect on toe human local environmental regulations. experience;, financial stability, and environment. Therefore, neither an 5. A detailed description of the potential conflicts of interest. In environmental assessment nor an procedures the offeror intends to utilize: choosing among competing offerors, the environmental impact statement is in developing the standard, offeror without any financial interest in required. 6. A description of how the offeror the particular device for which a In any notice of proposed rulemaking intends to provide interested persons proposed standard is sought or in the that includes a proposed' performance adequate and reasonable; notice-of their device industry generally will-be standard for the cardiac rate monitor, right and opportunity to participate m preferred, all other things being equal, FDA will announce its initial the, development of the standard. More than one offer; however;, may be determination whether the proposed 7.. A description of the method accepted. rule is a major rule under Executive whereby interested persons who A s required by section 514(e)(2)' of the Order T2291 and'will consider the, respond-to the notice may participate,, act and § 861.28(g),, FDA will publish in requirements of toe Regulatory either in person or through the Federal Register the name and Flexibility Act (5U.S.C: 601-6121, Until correspondence, in the development of address of each person whose offer to the provisions of any proposed standard the standard. develbp- a standard is accepted and a are known, FDA cannot determine the 8.. A statement, describing, the facilities summary of the terms of the accepted economic consequences of toe or equipment the offeror intends to. offer, including a statement of the extent promulgation of such standard. utilize, in developing the standard! and to; which FDA will contribute, if at all, to how the offeror intends to gain access to the Gost of developing the proposed References them. standard. As required by section The following referencesihave been 9. An estimate of the time required to 514(e)(5) of the act and § 861.28(d), if placed on display in the Docket s develop the standard, including a FDA does not accept an offer, the Management Branch- (address above) detailed schedule for each phase of the. agency will publish in the Federal and may be seen by interested persons procedure. Register a notice of that fact and the 10.. A description of the method the reasons for its decision; between 9 a.m. and 4 p.m., Monday offeror intends to use or has used to through Friday. acquire test data or other information Future Actions 1,. “American National Standard for. needed to support die standard. Following expiration of the 60Rîây Cardiac. Monitors, Heart; Rate Meters and Alarms (ANSl/AAMI EC13-1983),,” 11. A description of the method the time period provided by this notice for offeror intends to-use to. maintain Association for the. Advancement o£ Medical interested persons to submit art existing Instrumentation, 1901 North Fort Meyer Dr, records of the development of the standard or to offer to develop a Arlington. VA. standard and other relevant matters and proposed standard, FDA will: 2. “Safe Current Limits fSCL-12/73),” to make such records available for 1.. Authorize a Federal agency to Association for the Advancement of Medical disclbsure during development, and a develop a proposed performance Instrumentation, 1901' Nbrth Fort Meyer Dr., schedule for meeting the periodic1 standard if FDA determines that a Arlington; VA. reporting requirements of § 861.30fb9‘. performance standard can be developed 3. “MedicalElectrical Equipment Parti1:: FDA advises that under section by; a Federal agency, based on the General Requirements (JEC 601-1-(T977)),” 514(c)(3) of the act and § 861.26(b); personnel, expertise, and resources of American- National Standards Institute; 1430 information included in* an offer to the; agency? or Btoadway, Nfew York, NY. develop a proposed standard is to be 2.. Accept an, existing standard as a 4. “Medical Electrical Equipment Part 2: made available to the public only if the proposed performance standard or as a Parhculac Requirements for die Safety of offer is accepted (except for information basis upon which a proposed Cardiac ¡Defibrillators and Cardiac exempt from disclosure under 2 1 CFR performance standard may be Defibrillators-nionitor3(IEC601-2.-4-{1983));" 20.61), or if disclosure is required under developed provided FDA determines American National Standards Institute,, 1430 21 CFR Fart 20. that such standard is based upon Broadway,,, New York,, NY., scientific data and information and' has Interested persons may, on- or before Time Period To Develop a Standard been subjected to adequate scientific January 21,1986, submit to foe Dockets FDA estimates the time period to consideration. An existing standard may Management Branch (address above) an develop a proposed standard and be one that is submitted in response to existing, standard or an offer to develop rationale for the. cardiac monitor will; be the invitation for standards or it may be a standard for the cardia-c: monitor; Two 2 years; This, time span, win enable the; a standard that has. been issued: or copies of any standards or offers are to- collection of existing information to adopted (or is being developed)’ by any be submitted. Submissions are; to- be* consider in the. development of the Federal agency or any other qualified identified with toe docket number found standard and will enable some public entityr or in brackets in* the heading of this comment to occur on the drafts of the 3. Accept one ormore offers to document. Received submissions may standard. The time period may be develop a proposed standard,; or be- seen* in toe- office above between 9 extended by the Commissioner tor good 4. Proceed to develop a proposed a.m. and 4 p.m., Monday through Friday. cause shown. standard; or Dated: October 30,1985,. 5. Take other appropriate action to Acceptance by FDA facilitate development of a performance Joseph P. Hile, As- required by section 514(e)j(li)j of the standard for the device. Associate Commissioner for Regulatory act and: § 861.28(a), in determining The agency has determined under 21 A ffairs.. whether to accept an* offer to develop a CFR 25.24(e)(3) (April 26,1985; 50 FR [FR Doc: 88-27738 Filed' 11-20-85; 8:45 amj performance standard! FDA will 16636) that this action is of a type: that! BILLING CODE 4160-01-M Reader Aids Federal Register Vol. 50, No. 225

Thursday, November 21, 1985

INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING NOVEMBER

SUBSCRIPTIONS AND ORDERS At the end of each month, the Office of the Federal Register Subscriptions (public) 202-783-3238 publishes separately a List of CFR Sections Affectfed (LSA), which Problems with subscriptions 275-3054 lists parts and sections affected by documents published since Subscriptions (Federal agencies) 523-5240 the revision date of each title. Single copies, back copies of FR 793-3238 Magnetic tapes of FR, CFR volumes 275-1184 3 CFR 1955...... 45740 Public laws (Slip laws) 275-3030 Proclamations: 1960...... 45740 4907 (See EO 12538)...... 47527 1962...... 45740 PUBLICATIONS AND SERVICES 5141 (See EO 12538)...... 47527 1965...... 46415 Daily Federal Register 5402 ...... 45591 1980...... 46415 5403 ...... 45593 3015...... 47034 General information, index, and finding aids 523-5227 5404 ...... 46279 Proposed Rules: Public inspection desk 523-5215 5405 ...... 46737 51*..... 47551 Corrections 523-5237 5406 ...... 47027 70 ...... 45829 Document drafting information 523-5237 5407 ...... 47029 225...... 45898 Legal staff 523-4534 5408 ...... 47201 318...... 47551 Machine readable documents, specifications 523-3408 5409 ...... 47203 400...... 45625 426...... 46772 Code of Federal Regulations 5410 ...... 47521 5411 ...... 47523 928...... 46773 General information, index, and finding aids 523-5227 5412...... 47525 945...... 47226 Printing schedules and pricing information 523-3419 Executive Orders: 989______45627 * 1007_i ...... L .46441 Laws 523-5230 12170 (See Notice of November 1, 1985)...... 45901 1421...... 48094 Presidential Documents 12538...... 47527 8 CFR Executive orders and proclamations 523-5230 Administrative Orders: 100...... „...45597 Public Papers of the President 523-5230 Notices: 212„„„„...... „.„„47035 Weekly Compilation of Presidential Documents 523-5230 November 1,1985...... 45901 287...... 47205 Memorandums: 316a...... 47355 United States Government Manual 523-5230 November 5, 1985...... 47198 Proposed Rules: Presidential Determinations: Other Services 204...... 46441 No. 86-2 of Library 523-4986 October 29, 1985...... 48073 9 CFR Privacy Act Compilation 523-4534 51...... 47035 TDD for the deaf 523-5229 5 CFR 71 ...... 45985 Proposed Rules: 78...... 45808, 45985 530...... 47057-47059 85...... „„...... 47346 FEDERAL REGISTER PAGES AND DATES, NOVEMBER 630...... 47060 97...... 47529 112...... 46416 45591-45804...... 1 7 CFR 318...... 48075 45805-45900...... 4 6 ...... Proposed47703, Rules: 47704 45901-45984...... 5 27...... 47706 51...... 46077 45985-46278...... 6 29...... 45805, 45806 75...... 46079 46279-46414...... 7 371...... ;...... „...... 47205 92...... 45918 46415-46626...... 8 404 .. 45903 94...... 46443 46627-46736...... 12 405 ...... 45903 145...... 47555 46737-47026...... 13 408...... 45903 147...... 47555 47027-47200...... 14 442...... 45903 307...... 47060 47201-47354...... 15 981...... 47707 317 ...... 48096 47355-47520...... 18 999...... 45807 318 ...... 47060, 48096 47521-47702.,.....;;...... 19 319 . 48097 47703-48072...... 20 1002...... 45595 48073-48160...... 21 1004...... 45595 381...... 47060, 48096 1032...... 46627 1468...... 47031 10 CFR 1530...... 47703, 47704 Ch. I...... 45597, 47355 1736...... 47709, 47713 2„„...... 47716 1772„...... 46628 20 .. 46630 1864...... 45740 21 ...... 46630 1872...... „__ __....45740 73...... 46630 1900...... 45740, 45906 903...... 48075 1910...... „.45740 Proposed Rules: 1924...... „.45740 Ch. 1...... 46672 1941...... „...45740 19...... 45628 1943...... 45740 21...... 45628 1945...... ;...... 45740 30...... 45628 1950...... 45740 40...... 45628 1951.. . 45740 50...... 45628 ii Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Reader Aids

70...... 45628 259...... 46300 357...... 46594 57...... 47700 71...... 45628 444...... 46082 730...... 47760 75...... ;.... 47702 73...... 45628 453...... 46266-46271 864...... 48058 914...... 47228 110...... 45628 1500...... 46300 870...... 48156 938...... 47230 962.. 45736, 47409 943 .. 47231, 47232 1046 ...... ;... 46672 17 CFR 22 CFR 944 ...... 47233 33...... 45811 11 CFR 41...... ’ 47048 140...... 47530, 47531 151...... ;...... 47214 31 CFR Proposed Rules: 200...... 45602, 45990 Proposed Rules: 103...... 46283, 47390 7...... 47752 249 ...... 46281 41...... 46085 355...... 46284 275...... 46281 12 CFR 42...... 46085 545...... 46726 Proposed Rules: 60...... ,...... 46555 202...... 48018 1 ...... 45831, 46674 61...... 46555 32 CFR 202a...... 48018 33...... 45831,62 46674...... 46555 78...... 47219 227...... 47036 145 ..... 45833 63...... 46555 518...... 47730 265...... 45809 146 ..... 45833 64...... 46555 644...... 47731 561...... 46739 190 ...... 45831, 46674 65...... 46555 706...... 46435, 48085 563...... 45988, 46739 240...... 46731 883...... 47048 591...... 46744 23 CFR 611...... 46417, 47043 18 CFR 635...... 46282 33 CFR 614...... 47043 2 .... 45907 658...... 46425 10 0 615...... 46418 ...... ;...... 48086 157...... 45907 1204...... 45815 117...... 46647, 47390 701...... 48075 250 ...... 45907 165...... 46284 Proposed Rules: 24 CFR 271...... 46758 Proposed Rules: 210...... 47752 282...... 47532 2 0 ...... 45910 225...... :...... 47754 117...... 46874, 48099 284...... 45907-45908, 46424 2 0 1 ...... 45993 165...... 46780 353...... 47409 375...... 45907, 47532 203...... 45993 13 CFR Proposed Rules: 232...... 47726 34 CFR 1 b...... 47556 234...... 45993 Proposed Rules: 121...... 46418 242 ...... 47726 614...... 46675 309...... ;...... 46749 19 CFR 251...... 46763 Proposed Rules: 12...... „„„„„„.„„„„„47206 990...... 47368 36 CFR 122.. ;...;...... 47227 175 ...... 45812- 25 CFR 254...... 45823 14 CFR Proposed Rules: 327...... 46284 19 1 .45919 61...... 46427 21...... ;...... 46872, 48077 902 ...... 45823, 45824 903 ...... „„..45824 23...... :...... 46872, 48077 20 CFR 26 CFR 39...... ;... 45598, 45810, 46631, 905...... 45824 416.. ..;.;...... ;..... 46760 1 ...... 45996, 46004, 46006 46750,47356 907 ...... 45824 71..; . ..45718, 45810, 45989, Proposed Rules: ...... 45996 908 ... .45824 46281,46751,46753, 404.. .;.. j l .;...... 4 7 7 5 8 5h...... 45996 Proposed Rules: 47044-47046,47358- 416...... ;..;,...;...... 46778 602...... „45996, 46004, 46006 903...... 45841 47361,48077 Proposed Rules: 73...... 47361, 47363 21 CFR 1 ...... „46086-46088, 46303, 38 CFR 75...... 47047 5...... 47207 46306,46460,46674 21..... 46763 2 0 ...... 91.. ..;..45599, 46872, 48077 73 ...... 45814, 45991, 47532 ...... 46460 Proposed Rules: 25...... 97„„„.„„„„„„„„„„...... 46421 74 .. 45909 ...... 46460 24...... 45629, 47066 Proposed Rules: 81 ...... 45909 53.....'...... 46460 ch. i.....;... 47757 82 ...... 45909 301...... 47563 39 CFR 602...... 46088, 46460 39...... 45829, 46444, 107...... 48078 Proposed Rules: 46775-46777,47409, 172...... 47367 27 CFR 10..... 46307, 46463 47411 175...... 47208 71.. ...;..... 45830, 46447-46452, 9...... 48078, 48083 111...... 47564, 48087 176 ...... ;...... 47208, 47209 265...... _..v.v|f.:;. 47068 47061,47062 47...... 46647 177...... I...... 47210 310...... ;...... 46464 75...... 47062 178...... 47211, 47212 28 CFR 320.;,..-...... ;... 46464 139...... 46673 189...... 47367 241...... 47063 310...... 46582 2...... 46282 40 CFR 17....;...... 46388 15 CFR 430...... 47212 35 ...... 45892, 46648 436...... 45603, 47212 29 CFR 52...... 45603, 45606, 46041, 371...... 47363 440.. „„„„„.. 47367 373...... 47363 47731 442...... 48078 Proposed Rules: 60...... 46042, 47732 379...... 47363 444...... 47212 541...... 47696 385...... ;. 47363 61...... 46042, 46284 446..... 47212 1953...... 46460, 46462 62...... 47734 386...... 47363 450...... ,...... 47212 399...... 30 CFR 81...... 46436, 46649, 46650, 47363 452...... 47212 47735 923...... 46422 455...... : 47212 256...... 47377 930...... 141...... 46880, 47142 46422 520...... 47725 906...... 47215 158 ...... 46764 Proposed Rules 522...... 45603 916...... 47216 162...... 46764 981...... 48097 558...... 45910, 46282, 47048, 917...... 47727, 47728 180...... „. 45607, 46043 47367 920...... 16 CFR ...... 47379 256...... 47049 1020...... 46646 925...... 47218 271...... 46437, 47736,-47740 13...... 45990, 46423, 46753, 1308...... 45815 926...... 47386 280...... 46602 46757 Proposed Rules: 938...... 45820 300..... ,47912 803...... 46633 201...... 47558 946...... 47388 704...... 47534 Proposed Rules: 343...... 46588 Proposed Rules: 712...... 47538 13...... 46453, 47063 355...... 46303 56...... 47700 716...... 46295, 47538 Federal Register / Vol. 50, No. 225 / Thursday, November 21,1985 / Reader Aids i i i

717...... ,... 46766 18...... 47050 675...... 47080 721..... 47534 21 ...... :...... 47051 681...... 48108 Proposed Rules: 61...... 47741 Ch. I...... 48100 67...... ;...... 47746 52...... 45630, 46782, 47069, 68...... 47543 LIST OF PUBLIC LAWS 47234,47235 73...... 46047, 47051, 47055, 60...... 46464 47391,47408,48089-48093 Note: No public bills which 65...... 46307 90...... 46048, 47748 have become law were 81...... 45630, 46089 97...... 46048 received by the Office of the 131...... 48102 Proposed Rules: Federal Register for inclusion 141.....;... 46902, 46936, 47025, Ch. I...... 45841 in today’s list of Public Laws. 47156 15...... 45843, 47412 Last List Novem ber 20, 1985 142...... „.... 46902, 47156 18...... 46144 143.. ..;...... 47156 21...... 45608 147...... „...... 47761 22 ...... 45843 180...... 46103, 47761 67...... 47765, 47774 261.. .;...... 46468, 47763 73...... 47076, 47784, 48106 264!...... 47236 76...... ,45843, 47412 265...... 47236 87...... 47080 271...... 467i34, 47073, 47566, 47567 48 CFR 302...... ;...... 46468 Ch. 24...... :...... 46572 435...... 46784 319...... 46298 439...... ;...... 45920 Proposed Rules: 440...... 47982 31.. ...:...... 45708, 46470 704...... 46090, 46309 231...... 47784 716...... 46104, 46309, 47765 235...... 46796 796...... 46785 797.. .;...... 48102 49 CFR 798...... 46104, 46121 Ch. V...... 46666 799...... 46909, 46104, 46121, 1...... 49614,45728 46133,46785,47569, 106...... 45728 48102 107...... 45728 42 CFR 171...... 45728 172...... 45728, 46053 412...... 46651 173...... 45728, 46053-46054 432...... 46652 174 ...... 45728, 46053 433...... 46652 175 ...... 45728 435...... 46652 176...... 45728, 46053 436,...... 46652 177...... 45728 Proposed Rules: 178...... 45728 435 ...... *48102 190...... 45728 436 ...... 48102191...... 45728 442...... 45921 192...... 45728 43 CFR 193...... 45728 195...... 45728 4>...... ;..rt....*...... 47222 571...... 46056 403...... 47049 1002...... 47224 416...... 47050 1144...... 46066, 47055 1820...... 46044 1241...... 47749 2780...... 46770 Proposed Rules: 4100...... 45824 192...... 45845 Proposed Rules: 212...... 45917 4.. 47237 217 ...... 45917 7...... 47073 218 ...... 45917 44 CFR 219 ... .45917 225...... 45917 64...... 46297, 47540 571...... 46144 65...... 46044 574...... 48107 67...... 46045 Proposed Rules: 50 CFR 67...... 46143 17.. .:...... 45614-45621 204.. .. 46068 45 CFR 285...... 45828 801...... 45608 604...... 47225 650...... 46069 46 CFR 652...... 46072, 46671, 47225 Proposed Rules: 663.. ... 45828 67.. .. 47411 671...... 47549 172.. U;...... 46315,47238 675...... 46072 Proposed Rules: 47 CFR 17...... 45632-45638, 45846, 0.,...... 47050" 46320,46797 1...... 1...... 45608,47051 611...... 47080 2...... ;...... 47050 652...... 46145 13.. ..;.....,..,...... 45827 672...... 47080