Pages 9281±9594 Vol. 60 2±17±95 No. 33 federal register February 17,1995 Friday issue. Dallas, TX,seeannouncementontheinsidecoverofthis For informationonbriefingsinWashington,DC,and Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995
SUBSCRIPTIONS AND COPIES
PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser 2 III Contents Federal Register Vol. 60, No. 33 Friday, February 17, 1995 Agriculture Department BASF Corp.; correction, 9407 See Forest Service Contract Fusing, 9407–9408 NOTICES EFR Corp., 9408 Agency information collection activities under OMB McCord Winn Textron, 9408 review, 9321 Owens-Illinois, 9408–9409 Committees; establishment, renewal, termination, etc.: Wailuku Agribusiness Co., Inc., 9409 Ski Fee System Advisory Committee, 9321 Warnaco Men’s Apparel Division, 9409 Import quotas and fees: NAFTA transitional adjustment assistance: Upland cotton, 9321–9322 Footware Management Co., 9409 Antitrust Division Employment Standards Administration NOTICES NOTICES Competitive impact statements and proposed consent Minimum wages for Federal and federally-assisted judgments: construction; general wage determination decisions, Sabreliner Corp., 9399–9406 9410–9411 Army Department Energy Department NOTICES See Energy Efficiency and Renewable Energy Office Meetings: See Federal Energy Regulatory Commission Science Board, 9327 Energy Efficiency and Renewable Energy Office Blind or Severely Disabled, Committee for Purchase From NOTICES People Who Are Consumer product test procedures; waiver petitions: See Committee for Purchase From People Who Are Blind or Miele Appliance Inc., 9330–9332 Severely Disabled Environmental Protection Agency Centers for Disease Control and Prevention RULES NOTICES Superfund program: Meetings: Toxic chemical release reporting; community right-to- Vital and Health Statistics National Committee, 9334 know— Butyl benzyl phthalate, 9299–9301 Commerce Department PROPOSED RULES See International Trade Administration Water pollution; effluent guidelines for point source See National Oceanic and Atmospheric Administration categories: RULES Oil and gas extraction, 9428–9481 Employee testimony and document production in legal NOTICES proceedings, 9291–9294 Environmental statements; availability, etc.: Agency statements— Committee for Purchase From People Who Are Blind or Comment availability, 9332–9333 Severely Disabled Weekly receipts, 9333 NOTICES Meetings: Procurement list; additions and deletions, 9325–9327 Clean Air Act Advisory Committee, 9333 Defense Department Executive Office of the President See Army Department See Management and Budget Office See Navy Department See Presidential Documents Education Department Federal Aviation Administration NOTICES RULES Grants and cooperative agreements; availability, etc.: Class E airspace, 9281–9283, 9285–9287 International education exchange program, 9564–9565 Standard instrument approach procedures, 9287–9291 Telecommunications demonstration project for VOR Federal airways, 9283–9285 mathematics, 9576–9589 PROPOSED RULES Postsecondary education: Airworthiness directives: William D. Ford Federal direct student loan program, Bombardier, 9302–9304 9568–9571 Jetstream, 9304–9306 Rulemaking petitions; summary and disposition, 9302 Employment and Training Administration NOTICES NOTICES Advisory circulars; availability, etc.: Adjustment assistance: Weld repair of aluminum crankcases and cylinders of Allied Signal et al., 9406 piston engines, 9422 BASF Corp., 9407 Exemption petitions; summary and disposition, 9422–9424 IV Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Contents Federal Energy Regulatory Commission See National Institutes of Health NOTICES See Public Health Service Electric rate and corporate regulation filings: See Social Security Administration Austin Cogeneration Partners, L.P., et al., 9328–9329 See Substance Abuse and Mental Health Services Florida Power & Light Co. et al., 9329 Administration Environmental statements; availability, etc.: Puget Sound Power & Light Co., 9329–9330 Housing and Urban Development Department Applications, hearings, determinations, etc.: RULES CGE Fulton, L.L.C., 9330 Government National Mortgage Association (Ginnie Mae): Koch Gateway Pipeline Co., 9330 Guaranteed multiclass securities, 9530–9532 New England Power Co., 9330 Mortgage and loan insurance programs: 90 percent-of-value criterion in Section 223 refinancing; Federal Highway Administration deletion, 9297–9298 PROPOSED RULES NOTICES Engineering and traffic operations: Grants and cooperative agreements; availability, etc.: Federal-aid program approval and project authorization, Facilities to assist homeless— 9306–9309 Excess and surplus Federal property, 9342–9393 Housing assistance payments (Section 8)— Federal Maritime Commission Homeless individuals; single room occupancy program NOTICES and supportive housing and shelter plus programs, Agreements filed, etc., 9333–9334 9534–9542 Complaints filed: Low income housing— Puerto Rico Freight Systems, Inc., et al., 9334 Drug elimination program, 9544–9552 Federal Reserve System Indian Affairs Bureau RULES NOTICES Extensions of credit by Federal Reserve banks (Regulation Irrigation projects; operation and maintenance charges: A): Blackfeet Irrigation Project, MT, 9574 Discount rate change, 9281 Interior Department Federal Trade Commission See Fish and Wildlife Service RULES See Indian Affairs Bureau Appliances, consumer, energy costs and consumption See Land Management Bureau information in labeling and advertising See Minerals Management Service Residential energy sources; average unit energy costs, See National Park Service 9295–9296 See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office Fish and Wildlife Service PROPOSED RULES Internal Revenue Service Endangered and threatened species: PROPOSED RULES Northern spotted owl, 9484–9527 Income taxes: Food and Drug Administration Stock and asset consistency rules— Qualified stock purchase of target; continuity of RULES interest in assets transfer to purchasing Administrative practice and procedure: corporation, 9309–9312 Advisory committees— Name and function changes, 9296–9297 PROPOSED RULES International Trade Administration Drug labeling: NOTICES Topical acne drug products containing benzoyl peroxide; Meetings: sun exposure warning, 9554–9558 Environmental Technologies Trade Advisory Committee, NOTICES 9324 Medical devices; premarket approval: Molecular Biosystems, Inc.; Albunex air-filled International Trade Commission microspheres suspension used as an ultrasound NOTICES contrast enhancement aid, 9334–9335 Import investigations: Meetings: Lamb meat; competitive conditions affecting U.S. and Advisory committees, panels, etc., 9335–9339 foreign lamb industries, 9396 Stainless steel bar from— Forest Service Brazil et al., 9396–9397 NOTICES National Forest System lands: Interstate Commerce Commission Southern Appalachian assessment preparation, 9322– NOTICES 9324 Environmental statements; availability, etc.: Norfolk Southern Railway Co. et al., 9397 Health and Human Services Department Railroad services abandonment: See Centers for Disease Control and Prevention Duluth, Missabe & Iron Range Railway Co., 9397–9398 See Food and Drug Administration Missouri Pacific Railroad Co., 9398 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Contents V Justice Department Hearings, 9320 See Antitrust Division NOTICES NOTICES Fishery conservation and management: Agency information collection activities under OMB Atlantic striped bass fishery; 1993 survey, 9324 review, 9398–9399 Meetings: Monterey Bay National Marine Sanctuary Advisory Labor Department Council, 9324 See Employment and Training Administration Pacific Fishery Management Council, 9325 See Employment Standards Administration See Mine Safety and Health Administration National Park Service NOTICES Land Management Bureau Management and land protection plans; availability, etc.: NOTICES Timucuan Ecological and Historic Preserve, FL, 9395 Realty actions; sales, leases, etc.: Meetings: Arizona, 9393 National Capital Memorial Commission, 9395 Utah, 9393–9394 Sleeping Bear Dunes National Lakeshore Advisory Resource management plans, etc.: Commission, 9395–9396 Sweet Grass Hills, Liberty and Toole Counties, MT, 9394 Survey plat filings: Navy Department Idaho, 9394 NOTICES Environmental statements; availability, etc.: Management and Budget Office Marine Corps Camp Pendleton, CA; disposal of treated NOTICES effluent from five sewagetreatment plants, 9327–9328 Cost-effectiveness analysis of Federal programs; discount rates (Circular A–94), 9414 Nuclear Regulatory Commission NOTICES Martin Luther King, Jr. Federal Holiday Commission Agency information collection activities under OMB NOTICES review, 9411–9412 Meetings, 9411 Applications, hearings, determinations, etc.: Illinois Power Co., 9412–9414 Minerals Management Service RULES Office of Management and Budget Outer Continental Shelf; oil, gas, and sulphur operations: See Management and Budget Office Liquid hydrocarbons, burning; notice of interpretation, 9298–9299 Presidential Documents PROPOSED RULES PROCLAMATIONS Outer Continental Shelf; oil, gas, and sulphur operations: Special observances: Flaring or venting gas and burning liquid hydrocarbons, Poison Prevention Week, National (Proc. 6770), 9593 9312–9313 Public Health Service Mine Safety and Health Administration See Centers for Disease Control and Prevention NOTICES See Food and Drug Administration Committees; establishment, renewal, termination, etc.: See National Institutes of Health Elimination of pneumoconiosis among coal miners; See Substance Abuse and Mental Health Services advisory committee, 9411 Administration PROPOSED RULES National Highway Traffic Safety Administration Grants: NOTICES National Institutes of Health Center grants, 9560–9562 Meetings: Research and development programs, 9424–9425 Reclamation Bureau NOTICES National Institutes of Health Environmental statements; availability, etc.: NOTICES McPhee Dam, Colorado River Storage Project, CO, 9394– Meetings: 9395 Gaucher disease; technology assessment conference, 9339–9340 Securities and Exchange Commission National Heart, Lung, and Blood Institute, 9340–9341 NOTICES National Institute on Aging, 9341 Committees; establishment, renewal, termination, etc.: Research Grants Division Advisory Committee, 9341 Capital Formation and Regulatory Processes Advisory Committee, 9415 National Oceanic and Atmospheric Administration Meetings; Sunshine Act, 9426 RULES Self-regulatory organizations; proposed rule changes: Marine sanctuaries: American Stock Exchange, Inc., 9415–9417 Olympic Coast National Marine Sanctuary, WA, 9294– National Association of Securities Dealers, Inc., 9417– 9295 9418 PROPOSED RULES Options Clearing Corp., 9418–9419 Fishery conservation and management: Applications, hearings, determinations, etc.: Gulf of Mexico coral and coral reefs Public utility holding company filings, 9419–9421 VI Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Contents Treasury First Inc., 9421 Part V Department of Housing and Urban Development, 9534– Social Security Administration 9542 NOTICES Agency information collection activities under OMB Part VI review, 9341–9342 Department of Housing and Urban Development, 9544– Substance Abuse and Mental Health Services 9552 Administration NOTICES Part VII Grants and cooperative agreements; availability, etc.: Department of Health and Human Services, Food and Drug Substance abuse treatment conference program, 9342 Administration, 9554–9558 Surface Mining Reclamation and Enforcement Office Part VIII PROPOSED RULES Department of Health and Human Services, Public Health Permanent program and abandoned mine land reclamation Services, 9560–9562 plan submissions: Indiana, 9313–9314 Part IX Kentucky, 9314–9317 Department of Education, 9564–9565 Ohio, 9317–9320 Transportation Department Part X See Federal Aviation Administration Department of Education, 9568–9571 See Federal Highway Administration See National Highway Traffic Safety Administration Part XI NOTICES Department of Interior, Bureau of Indian Affairs, 9574 Aviation proceedings: Agreements filed; weekly receipts, 9421–9422 Part XII Certificates of public convenience and necessity and Department of Education, 9576–9589 foreign air carrier permits; weekly applications, 9422 Treasury Department Part XIII See Internal Revenue Service The President, 9593 Separate Parts In This Issue Reader Aids Additional information, including a list of public laws, Part II telephone numbers, and finding aids, appears in the Reader Environmental Protection Agency, 9428–9481 Aids section at the end of this issue. Part III Department of Interior, Fish and Wildlife Service, 9484– 9527 Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law Part IV numbers, Federal Register finding aids, and a list of Department of Housing and Urban Development, 9530– documents on public inspection is available on 202–275– 9532 1538 or 275–0920. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Contents VII CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue. 3 CFR Proclamations: 6770...... 9593 12 CFR 201...... 9281 14 CFR 71 (6 documents) ...... 9281, 9282, 9283, 9285, 9286, 9287 97 (2 documents) ...... 9287, 9289 Proposed Rules: Ch. I ...... 9302 39 (2 documents) ...... 9302, 9304 15 CFR 15a...... 9291 925...... 9294 16 CFR 305...... 9295 21 CFR 14...... 9296 Proposed Rules: 201...... 9554 23 CFR Proposed Rules: 630...... 9306 24 CFR 207...... 9297 213...... 9297 221...... 9297 236...... 9297 390...... 9530 395...... 9530 26 CFR Proposed Rules: 1...... 9309 30 CFR 250...... 9298 Proposed Rules: 250...... 9312 914...... 9313 917...... 9314 935...... 9317 40 CFR 372...... 9299 Proposed Rules: 435...... 9428 42 CFR Proposed Rules: 52a...... 9560 50 CFR Proposed Rules: 17...... 9484 638...... 9320 9281 Rules and Regulations Federal Register Vol. 60, No. 33 Friday, February 17, 1995 This section of the FEDERAL REGISTER Bank’s discretion, for extended credit. PART 201ÐEXTENSIONS OF CREDIT contains regulatory documents having general In increasing the basic discount rate, the BY FEDERAL RESERVE BANKS applicability and legal effect, most of which Board acted on requests submitted by (REGULATION A) are keyed to and codified in the Code of the Boards of Directors of the twelve Federal Regulations, which is published under 1. The authority citation for 12 CFR Federal Reserve Banks. The new rates 50 titles pursuant to 44 U.S.C. 1510. part 201 continues to read as follows: were effective on the dates specified The Code of Federal Regulations is sold by below. The increase was implemented Authority: 12 U.S.C. 343 et seq., 347a, the Superintendent of Documents. Prices of to keep inflation contained, and thereby 347b, 347c, 347d, 348 et seq., 357, 374, 374a and 461. new books are listed in the first FEDERAL foster sustainable economic growth. REGISTER issue of each week. The provisions of 5 U.S.C. 553(b) 2. Section 201.51 is revised to read as follows: relating to notice and public FEDERAL RESERVE SYSTEM participation were not followed in § 201.51 Adjustment credit for depository connection with the adoption of this institutions. 12 CFR Part 201 amendment because the Board for ‘‘good The rates for adjustment credit [Regulation A] cause’’ finds that delaying the change in provided to depository institutions the basic discount rate in order to allow under § 201.3(a) are: Extensions of Credit by Federal notice and public comment on the Reserve Banks; Change in Discount change is impracticable, unnecessary, Federal Re- Rate Effective Rate and contrary to the public interest in serve Bank keeping inflation contained, and thereby AGENCY: Board of Governors of the Boston ...... 5.25 February 1, 1995. 1 Federal Reserve System. fostering sustainable economic growth. New York ...... 5.25 February 1, 1995. Philadelphia .... 5.25 February 2, 1995. ACTION: Final rule. The provisions of 5 U.S.C. 553(d) that prescribe 30 days’ prior notice of the Cleveland ...... 5.25 February 9, 1995. Richmond ...... 5.25 February 1, 1995. SUMMARY : The Board of Governors has effective date of a rule have not been Atlanta ...... 5.25 February 2, 1995. amended its Regulation A on Extensions followed because section 553(d) Chicago ...... 5.25 February 1, 1995. of Credit by Federal Reserve Banks to provides that such prior notice is not St. Louis ...... 5.25 February 1, 1995. reflect its approval of an increase in the necessary whenever there is good cause Minneapolis .... 5.25 February 2, 1995. basic discount rate at each Federal for finding that such notice is contrary Kansas City .... 5.25 February 1, 1995. Reserve Bank. The Board acted on to the public interest. As previously Dallas ...... 5.25 February 2, 1995. San Francisco 5.25 February 1, 1995. requests submitted by the Boards of stated, the Board determined that Directors of the twelve Federal Reserve delaying the changes in the basic Banks. By order of the Board of Governors of the discount rate is contrary to the public Federal Reserve System, February 13, 1995. EFFECTIVE DATE: These amendments to interest. Williams W. Wiles, part 201 (Regulation A) were effective Secretary of the Board. February 13, 1995. The rate changes for Regulatory Flexibility Act Analysis adjustment credit were effective on the [FR Doc. 95–3993 Filed 2–16–95; 8:45 am] Pursuant to section 605(b) of the BILLING CODE 6210±01±P dates specified in 12 CFR 201.51. Regulatory Flexibility Act (5 U.S.C. FOR FURTHER INFORMATION CONTACT: 601–612), the Board certifies that the William W. Wiles, Secretary of the change in the basic discount rate will Board (202/452–3257); for the hearing DEPARTMENT OF TRANSPORTATION not have a significant adverse economic impaired only, contact Dorothea impact on a substantial number of small Federal Aviation Administration Thompson, Telecommunications Device entities. Although the change increases for the Deaf (TDD) (202/452–3544), 14 CFR Part 71 Board of Governors of the Federal the rate of interest charged to borrowers Reserve System, 20th and C Streets from Reserve Banks, the Board believes [Airspace Docket No. 94±AWP±23] NW., Washington, DC 20551. that the higher cost of funds is outweighed by the salutary effect on the Amendment to Class E airspace; Page, SUPPLEMENTARY INFORMATION: Pursuant AZ to the authority of sections 10(b), 13, 14, economy. 19, et al., of the Federal Reserve Act, the List of Subjects in 12 CFR Part 201 AGENCY: Federal Aviation Board has amended its Regulation A (12 Administration (FAA), DOT. CFR part 201) to incorporate changes in Banks, Banking, Credit, Federal ACTION: Final rule. discount rates on Federal Reserve Bank Reserve System. SUMMARY: This amendment modifies extensions of credit. The discount rates For the reasons outlined in the are the interest rates charged to Class E airspace at Page, AZ. Controlled preamble, the Board of Governors depository institutions when they airspace extending from 700 feet and amends 12 CFR part 201 as follows: borrow from their district Reserve 1200 feet above the surface is amended Banks. to accommodate aircraft executing the 1 The Board’s Rules of Procedure provide that VHF Omnidirectional Range (VOR–A) The ‘‘basic discount rate’’ is a fixed advance notice and deferred effective date will rate charged by Reserve Banks for ordinarily be omitted in the public interest for instrument approach procedure. This adjustment credit and, at the Reserve changes in discount rates. 12 CFR 262.2(e). action will provide adequate Class E 9282 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations airspace for instrument flight rules (IFR) a significant economic impact on a ACTION: Final rule. operations at Page Municipal Airport. substantial number of small entities SUMMARY: This amendment modifies the EFFECTIVE DATE: 0901 UTC, March 30, under the criteria of the Regulatory 1995. Flexibility Act. Class E airspace at Red Bluff, CA and Redding, CA. This action will provide FOR FURTHER INFORMATION CONTACT: List of Subjects in 14 CFR Part 71 controlled airspace for the VHF Scott Speer, Airspace Specialist, System Omnidirectional Range/Distant Management Branch, AWP–530, Air Aviation Safety, Incorporation by Reference, Navigation (air). Measuring Equipment (VOR/DME), VHF Traffic Division, Western-Pacific Omnidirectional Range (VOR), and Region, Federal Aviation Adoption of the Amendment Nondirectional Radio Beacon (NDB) Administration, 15000 Aviation In consideration of the foregoing, the Standard Instrument Approach Boulevard, Lawndale, California, 90261, Federal Aviation Administration Procedures (SIAPs) at the Red Bluff telephone (310) 297–0010. amends 14 CFR part 71 as follows: Municipal Airport. SUPPLEMENTARY INFORMATION: EFFECTIVE DATE: 0901 UTC, May 25, PART 71Ð[AMENDED] History 1995. 1. The authority citation for part 71 FOR FURTHER INFORMATION CONTACT: On November 30, 1994, the FAA continues to read as follows: proposed to amend part 71 of the Scott Speer, Airspace Specialist, System Federal Aviation Regulations (14 CFR Authority: 49 U.S.C. app. 1348(a), 1354(a), Management Branch, AWP–530, Air part 71) by modifying the Class E 1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Traffic Division, Western-Pacific airspace area at Page, AZ (59 FR 63938). 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Region, Federal Aviation 11.69. This action will provide additional Administration, 15000 Aviation Boulevard, Lawndale, California, 90261, controlled airspace to accommodate a § 71.1 [Amended] telephone (310) 297–0010. VOR-A instrument approach procedure 2. The incorporation by reference in to Runway 15 at the Page Municipal 14 CFR 71.1 of the Federal Aviation SUPPLEMENTARY INFORMATION: Airport. Administration Order 7400.9B, Airspace History Interested parties were invited to Designations and Reporting Points, participate in this rulemaking dated July 18, 1994, and effective On December 6, 1994, the FAA proceeding by submitting written September 16, 1994, is amended as proposed to amend part 71 of the comments on the proposal to the FAA. follows: Federal Aviation Regulations (14 CFR No comments to the proposal were part 71) by modifying the Class E received. Class E airspace areas Paragraph 6005 Class E airspace areas airspace area at Red Bluff, CA and extending from 700 feet or more above Redding, CA (59 FR 65285). This action extending from 700 feet or more above the surface of the earth. the surface of the earth are published in will provide additional controlled paragraph 6005 of FAA Order 7400.9B, * * * * * airspace for Instrument Flight Rules dated July 18, 1994, and effective AWP CA E5 Page, AZ [Revised] (IFR) procedures at the Red Bluff September 16, 1994, which is Page Municipal Airport, AZ Municipal Airport. incorporated by reference in 14 CFR (lat. 36°55′34′′N, long. 111°26′54′′W) Interested parties were invited to 71.1. The Class E airspace designation Page VOR/DME participate in this proposed rulemaking listed in this document will be (lat. 36°55′41′′ N, long. 111°27′02′′W) by submitting written comments on the published subsequently in the Order. That airspace extending upward from 700 proposal to the FAA. No comments feet above the surface within a 6.5-mile were received. Class E airspace areas The Rule radius of the Page Municipal Airport, and designated as a surface area for an This amendment to part 71 of the within 3-miles either side of the Page VOR airport and extending from 700 feet or ° Federal Aviation Regulations (14 CFR 340 radial, extending from the 6.5-mile more above the surface are published in part 71) amends the Class E airspace radius to 10 miles northwest of the Page Paragraph 6002 and Paragraph 6005, area at Page, Arizona, by providing VOR. That airspace extending upward from 1200 feet above the surface within 6.5 mile respectively, of FAA Order 7400.9B, additional controlled airspace for Northeast and 10 miles Southwest of the Page dated July 18, 1994, and effective aircraft executing the VOR–A VOR 340° radial and 160° radial, extending September 16, 1994, which is instrument approach procedure to from the 18-miles northwest to 8-miles incorporated by reference in 14 CFR Runway 15 at the Page Municipal southeast of the Page VOR. 71.1. The Class E airspace designations Airport. * * * * * listed in this document will be The FAA has determined that this Issued in Los Angeles, California, on published subsequently in the Order. regulation only involves an established January 27, 1995. The Rule body of technical regulations for which Dennis Koehler, frequent and routine amendments are Acting Manager, Air Traffic Division, This amendment to part 71 of the necessary to keep them operationally Western-Pacific Region. Federal Aviation Regulation amends the current. Therefore, this regulation—(1) [FR Doc. 95–4066 Filed 2–16–95; 8:45 am] Class E airspace areas at Red Bluff, CA is not a ‘‘significant regulatory action’’ BILLING CODE 4910±13±M and Redding, CA. This action will under Executive Order 12866; (2) is not provide additional controlled airspace a ‘‘significant rule’’ under DOT for Instrument Flight Rules (IFR) Regulatory Policies and Procedures (44 14 CFR Part 71 procedures at the Red Bluff Municipal FR 11034; February 26, 1979); and (3) Airport. does not warrant preparation of a [Airspace Docket No. 94±AWP±25] The FAA has determined that this Regulatory Evaluation as the anticipated Amendment of Class E airspace; Red regulation only involves an established impact is so minimal. Since this is a Bluff and Redding, CA body of technical regulations for which routine matter that will only affect air frequent and routine amendments are traffic procedures and air navigation, it AGENCY: Federal Aviation necessary to keep them operationally is certified that this rule will not have Administration (FAA), DOT. current. Therefore, this regulation—(1) Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations 9283 is not a ‘‘significant regulatory action’’ AWP CA E5 Red Bluff, CA [Revised] Issued in Los Angeles, California, on under Executive Order 12866; (2) is not Red Bluff Municipal Airport, CA January 30, 1995. a ‘‘significant rule’’ under DOT (lat. 40°09′04′′N, long. 122°15′08′′W) Richard R. Lien, Regulatory Policies and Procedures (44 Red Bluff VORTAC Manager, Air Traffic Division, Western-Pacific FR 10034; February 26, 1979); and (3) (lat. 40°05′56′′N, long. 122°14′11′′W) Region. does not warrant preparation of a Proberta NDB [FR Doc. 95–4067 Filed 2–16–95; 8:45 am] (lat. 40°06′51′′N, long. 122°14′15′′W) Regulatory Evaluation as the anticipated BILLING CODE 4910±13±M impact is so minimal. Since this is a That airspace extending upward from 700 routine matter that will only affect air feet above the surface within a 6.5-mile traffic procedures and air navigation, it radius of the Red Bluff Municipal Airport 14 CFR Part 71 and within 8 miles east and 4 miles west of is certified that this rule will not have the 161° bearing from the Red Bluff [Airspace Docket No. 94±ASO±16] a significant economic impact on a Municipal Airport extending from 2 miles substantial number of small entities south to 17 miles south of the Red Bluff Establishment and Alteration of VOR under the criteria of the Regulatory Municipal Airport. That airspace extending Federal Airways; Florida Flexibility Act. upward from 1200 feet above the surface AGENCY: within a 17.4-mile radius of the Red Bluff Federal Aviation List of Subjects in 14 CFR Part 71 VORTAC and within 7.8 miles each side of Administration (FAA), DOT. Aviation safety, Incorporation by the Red Bluff VORTAC 291° radial, extending ACTION: Final rule. reference, Navigation (Air). from the 17.4-mile radius to 45.2 miles west of the Red Bluff VORTAC and within 26.1- SUMMARY: This amendment establishes a Adoption of the Amendment mile radius of the Red Bluff VORTAC, new Federal airway and modifies extending from the north edge of V–195 to existing Federal airways in the Miami, In consideration of the foregoing, the the west edge of V–23 and within 7.8 miles FL, area. This action is necessary Federal Aviation Administration west of and 8.7 miles east of the Red Bluff because of the commissioning of the amends 14 CFR part 71 as follows: VORTAC 342° radial, extending from the Virginia Key, FL, Very High Frequency 17.4-mile radius to 58.2 miles north of the Omnidirectional Range and Distance PART 71Ð[AMENDED] Red Bluff VORTAC and within 8.7 miles Measuring Equipment (VOR/DME). In west and 5.2 miles east of the Red Bluff 1. The authority citation for part 71 ° addition, the NPRM contained several VORTAC 015 radial, extending from the inadvertent errors. In the description for continues to read as follows: 17.4-mile radius to 48.7 miles north of the ° Red Bluff VORTAC and within an area V–3, the ‘‘INT Solberg 0441 ’’ radial Authority: 49 U.S.C. app. 1348(a), 1354(a), should be ‘‘INT Solberg 044°’’ radial; V– 1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959– bounded by a line beginning at lat. ° ° 40°41′27′′N, long. 121°54′42′′W; to lat. 159, ‘‘INT Vero Beach 319 T (323 M)’’ 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR ° ′ ′′ ° ′ ′′ radial should be ‘‘INT Vero Beach 318°T 11.69. 40 34 40 N, long. 121 52 34 W; to lat. 40°21′46′′N, long. 121°56′49′′W; to lat. (322°M)’’ radial; and V–492, ‘‘INT § 71.1 [Amended] 40°22′35′′N, long. 122°01′04′′W, to the point Pahohee 115°’’ radial should be ‘‘INT of beginning and that airspace within a 20.9- Pahokee 115°’’ radial. The description 2. The incorporation by reference in mile radius of the Red Bluff VORTAC, for Federal Airway V–537, ‘‘From Vero 14 CFR 71.1 of the Federal Aviation extending from the Red Bluff VORTAC 015° Beach, FL, via INT Vero Beach 318°’’ Administration Order 7400.9B, Airspace radial clockwise via the 20.9-mile arc to lat. should be ‘‘From Vero Beach, FL, via Designations and Reporting Points, ° ′ ′′ 40 00 00 N. INT Vero Beach 318° and Orlando, FL, dated July 18, 1994, and effective * * * * * 140° radials; INT Orlando 140° and September 16, 1994, is amended as Melbourne, FL, 298° radials;’’. follows: AWP CA E5 Redding, CA [Revised] Redding Municipal Airport, CA EFFECTIVE DATE: 0901 UTC, March 30, Paragraph 6002 Class E airspace areas (lat. 40°30′32′′N, long. 122°17′36′′W) 1995. designated as a surface area for an Redding VOR/DME FOR FURTHER INFORMATION CONTACT: airport. (lat. 40°30′16′′N, long. 122°17′30′′W) Patricia P. Crawford, Airspace and * * * * * Lassn NDB Obstruction Evaluation Branch (ATP– ° ′ ′′ ° ′ ′′ AWP CA E2 Red Bluff, CA [Revised] (lat. 40 23 34 N, long. 122 17 41 W) 240), Airspace—Rules and Aeronautical That airspace extending upward from 700 Red Bluff Municipal Airport, CA Information Division, Air Traffic Rules feet above the surface within a 4.3-mile (lat. 40°09′04′′N, long. 122°15′08′′W) and Procedures Service, Federal radius of the Redding Municipal Airport and Red Bluff VORTAC Aviation Administration, 800 within 1.8 miles each side of the Redding (lat. 40°05′56′′N, long. 122°14′11′′W) Independence Avenue, SW., Instrument Landing System (ILS) localizer Proberta NDB North course, extending from the 4.3-mile Washington, DC 20591; telephone: (202) (lat. 40°06′51′′N, long. 122°14′15′′W) radius to 10 miles north of the threshold of 267–9255. Within a 6.5-mile radius of the Red Bluff Runway 16 and within 8 miles west and 5.5 SUPPLEMENTARY INFORMATION: Municipal Airport and within 2.6 miles ° ° ° miles east of the 179 /359 bearing from/to either side of the 161 bearing from the Red the Lassn NDB extending from 9.5 miles History Bluff Municipal Airport extending from the north of the Lassn NDB to 16 miles south of On October 26, 1994, the FAA 6.5-mile radius to 10 miles south of the Red the Lassn NDB and that airspace within a 5.5- Bluff Airport. This Class E airspace area is proposed to amend part 71 of the mile arc of the Redding VOR/DME from the Federal Aviation Regulations (14 CFR effective during the specific dates and times Redding VOR/DME 100° radial clockwise to established in advance by a Notice of the Redding VOR/DME 152° radial. That part 71) to establish a Federal airway Airmen. The effective date and time will airspace extending upward from 1200 feet and to modify several existing airways thereafter be continuously published in the above the surface north of the Redding VOR/ (59 FR 53766). Airport/Facility Directory. DME within an arc of a 20-mile radius of the Interested parties were invited to * * * * * Redding VOR/DME within an arc of the 20- participate in this rulemaking process Paragraph 6005 Class E airspace areas mile radius of the Redding VOR/DME, by submitting written comments on the extending from 700 feet or more above extending from the east edge of V–23 proposal to the FAA. the surface of the earth. clockwise to the west edge of V–25. Three written comments were * * * * * * * * * * received objecting to realignment of 9284 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations Federal Airway V–3 in the vicinity of proposed in the notice. Domestic VOR 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Homestead General Aviation Airport Federal airways are published in 11.69. and Homestead Air Reserve Base. In paragraph 6010(a) of FAA Order § 71.1 [Amended] particular, the commenters emphasized 7400.9B dated July 18, 1994, and 2. The incorporation by reference in two key issues to support their effective September 16, 1994, which is 14 CFR 71.1 of the Federal Aviation objections to this proposed action. incorporated by reference in 14 CFR Administration Order 7400.9B, Airspace The first issue concerns the relocation 71.1. The airways listed in this Designations and Reporting Points, of V–3 in proximity of airspace serving document will be published dated July 18, 1994, and effective Homestead General Aviation Airport. subsequently in the Order. This airspace has a significant level of September 16, 1994, is amended as aeronautical activity including The Rule follows: parachute jumping, ultralight, This amendment to part 71 of the Paragraph 6010(a)—Domestic VOR Federal aerobatics, and gliders. Each of the Federal Aviation Regulations establishes Airways commenters stated that sports activity a new Federal airway and modifies the * * * * * would be adversely affected if this description of existing Federal airways V–3 (Revised) airway was realigned as proposed. in Miami, FL. This action is necessary ° This proposal to align V–3 over because of the commissioning of the From Key West, FL; INT Key West 083 and Miami, FL, 185° radials; Miami; Ft. Homestead General Aviation Airport new Virginia Key, FL, VOR/DME. does not necessitate changes to the Lauderdale, FL; Palm Beach, FL; Vero Beach, Commissioning of the Virginia Key FL; Melbourne, FL; Ormond Beach, FL; current traffic pattern in the Miami VOR/DME necessitated the Brunswick, GA; Savannah, GA; Vance, SC; airspace. The sports activity in the establishment of a new airway and the Florence, SC; Sandhills, NC; Raleigh- vicinity of Homestead General Aviation realignment existing airways to support Durham, NC; INT Raleigh-Durham 016° and Airport will not be affected by this air traffic operations in the Miami area. Flat Rock, VA, 214° radials; Flat Rock; action because there are no changes to The FAA has determined that this Gordonsville, VA; INT Gordonsville 331° and the prevailing air traffic procedures or Martinsburg, WV, 216° radials; Martinsburg; regulation only involves an established ° patterns. Currently, aircraft departing body of technical regulations for which Westminster, MD; INT Westminster 048 and Modena, PA, 258° radials; Modena; Solberg, the Miami airspace are radar-vectored to frequent and routine amendments are ° ° intercept V–3 south of the Homestead NJ; INT Solberg 044 and Carmel, NY, 243 necessary to keep them operationally radials; Carmel; Hartford, CT; INT Hartford Airport and clear of any aviation-related current. It, therefore—(1) Is not a 084° and Boston, MA, 224° radials; Boston; sporting activity using the adjacent ‘‘significant regulatory action’’ under INT Boston 014° and Pease, NH, 185° radials; airspace. The FAA will continue to use Executive Order 12866; (2) is not a Pease; INT Pease 004° and Augusta, ME, 233° the same established air traffic control ‘‘significant rule’’ under DOT radials; Augusta; Bangor, ME; INT Bangor procedures, thus realigning this airway Regulatory Policies and Procedures (44 039° and Houlton, ME, 203° radials; Houlton; will not impact the sports activity at FR 11034; February 26, 1979); and (3) Presque Isle, ME; to PQ, Canada. The Homestead Airport or compromise does not warrant preparation of a airspace within R–2916, R–2934, R–2935 and within Canada is excluded. safety. regulatory evaluation as the anticipated The last issue concerns a possible impact is so minimal. Since this is a * * * * * future alignment of V–3 over the routine matter that will only affect air Homestead Air Reserve Base once the traffic procedures and air navigation, it * * * * * new Dolphin Very High Frequency is certified that this rule will not have V–7 (Revised) Omnidirectional Range is a significant economic impact on a ° commissioned. The air reserve base is a From INT Miami, FL, 222 and Lee County, substantial number of small entities ° joint civil/military-use airport. The FL, 120 radials; Lee County; Lakeland, FL; under the criteria of the Regulatory commenters suggested that realigning Cross City, FL; Tallahassee, FL; Wiregrass, Flexibility Act. AL; INT Wiregrass 333° and Montgomery, the airway over the base may have an The original airspace docket was AL, 129° radials; Montgomery; Vulcan, AL; impact on aircraft arriving and submitted to the Department of Defense Muscle Shoals, AL; Graham, TN; Central departing this facility. City, KY; Pocket City, IN; INT Pocket City This comment is premature and does and the Department of State in ° ° accordance with Executive Order 10854. 016 and Terre Haute, IN, 191 radials; Terre not pertain to this action, which aligns Haute; Boiler, IN; Chicago Heights, IL; INT V–3 over Homestead General Aviation The application of International Civil Chicago Heights 358° and Falls, WI, 170° Airport. The FAA, however, will keep Aviation Organization (ICAO) radials; Falls; Green Bay, WI; Menominee, the comment on file for consideration International Standards and MI; Marquette, MI. The airspace below 2,000 for rulemaking actions in the future. Recommended Practices will not be feet MSL outside the United States is Except for editorial changes and the affected by this action. excluded. The portion outside the United States has no upper limit. correction of several inadvertent errors List of Subjects in 14 CFR Part 71 in the descriptions for V–3, the ‘‘INT * * * * * Airspace, Incorporation by reference, Solberg 0441°’’ radial should be ‘‘INT Navigation (air). V–51 (Revised) Solberg 044°’’ radial; V–159, ‘‘INT Vero ° ° ° From Pahokee, FL; INT Pahokee 009 and Beach 319 T (323 M)’’ radial should be Adoption of the Amendment Vero Beach, FL, 193° radials; Vero Beach; ‘‘INT Vero Beach 318°T (322°M)’’ radial; INT Vero Beach 330° and Ormond Beach, FL, ° In consideration of the foregoing, the ° V–492, ‘‘INT Pahohee 115 ’’ radial Federal Aviation Administration 183 radials; Ormond Beach; Craig, FL; Alma, ° GA; Dublin, GA; Athens, GA; INT Athens, should be ‘‘INT Pahokee 115 ’’ radial; amends 14 CFR part 71, as follows: and the inclusion of an intersection GA, 340° and Harris, GA, 148° radials; Harris; which is necessary to define a dogleg in PART 71Ð[AMENDED] Hinch Mountain, TN; Livingston, TN; Louisville, KY; Nabb, IN; Shelbyville, IN; INT the description for V–537 ‘‘From Vero ° ° ° 1. The authority citation for part 71 Shelbyville 313 and Boiler, IN, 136 radials; Beach, FL, via INT Vero Beach 318 and Boiler; Chicago Heights, IL. Orlando, FL, 140° radials; INT Orlando continues to read as follows: * * * * * 140° and Melbourne, FL, 298° radials;’’, Authority: 49 U.S.C. app. 1348(a), 1354(a), this amendment is the same as that 1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959– V–97 (Revised) Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations 9285 From Miami, FL; INT Miami 313° and La Ormond Beach, FL, 211° radials; Ormond accommodate existing Standard Belle, FL, 137° radials; La Belle; St. Beach; Savannah, GA; Charleston, SC; Instrument Approach Procedures Petersburg, FL; Tallahassee, FL; Pecan, GA; Florence, SC. The airspace within R–2935 is (SIAPs) to the airport. The intended Atlanta, GA; INT Atlanta 001° and Volunteer, excluded. ° effect of this action is to provide TN, 197 radials; Volunteer; London, KY; * * * * * Lexington, KY; Cincinnati, OH; Shelbyville, segregation of aircraft using instrument IN, INT Shelbyville 313° and Boiler, IN, 136° V–492 (Revised) approach procedures in instrument radials; Boiler; Chicago Heights, IL; to INT From La Belle, FL; Pahokee, FL; INT conditions from other aircraft operating ° Chicago Heights 358 and Chicago O’Hare, IL, Pahokee 115° and Palm Beach, FL, 270° in visual weather conditions. ° ° 127 radials. From INT Northbrook, IL, 290 ° EFFECTIVE DATE: 0901 UTC, May 25, ° radials; Palm Beach; INT Palm Beach 356 and Janesville, WI, 112 radials; Janesville; and Melbourne, FL, 146° radials; to 1995. Lone Rock, WI; Nodine, MN; to Gopher, MN. Melbourne. The airspace below 2,000 feet MSL outside FOR FURTHER INFORMATION CONTACT: the United States is excluded. * * * * * Jeffrey L. Griffith, Air Traffic Division, * * * * * V–509 (Revised) System Management Branch, AGL–530, Federal Aviation Administration, 2300 V–157 (Revised) From St. Petersburg, FL; INT St. Petersburg East Devon Avenue, Des Plaines, Illinois 110° and Lakeland, FL, 140° radials. From Key West, FL; Miami, FL; INT Miami 60018, telephone (708) 294–7568. 332° and La Belle, FL, 113° radials; La Belle; * * * * * SUPPLEMENTARY INFORMATION: Lakeland, FL; Ocala, FL; Gainesville, FL; V–511 (Revised) Taylor, FL; Waycross, GA; Alma, GA; From Lakeland, FL; INT Lakeland 140° and History Allendale, SC; Vance, SC; Florence, SC; ° Fayetteville, NC; Kinston, NC; Tar River, NC; Miami, FL, 332 radials; Miami. On November 30, 1994, the FAA Lawrenceville, VA; Richmond, VA; INT * * * * * proposed to amend part 71 of the Richmond 039° and Patuxent, MD, 228° Federal Aviation Regulations (14 CFR V–521 (Revised) radials; Patuxent; Smyrna, DE; Woodstown, part 71) to modify the Class E airspace ° NJ; Robbinsville, NJ; INT Robbinsville 044° From Miami, FL; INT Miami 313 and La area at Williston, ND (59 FR 61301). ° ° ° and LaGuardia, NY, 213 radials; LaGuardia; Belle, FL, 137 radials; INT La Belle 137 and Interested parties were invited to INT LaGuardia 032° and Deer Park, NY, 326° Lee County, FL, 099° radials; Lee County; radials; INT Deer Park 326° and Kingston, INT Lee County 014° and Lakeland, FL, 154° participate in this rulemaking NY, 191° radials; Kingston, NY; to Albany, radials; Lakeland; Cross City, FL; INT Cross proceeding by submitting written NY. The airspace within R–2901A and R– City 287° and Marianna, FL, 141° radials; comments on the proposal to the FAA. 6602A is excluded. The airspace at and above Marianna; Wiregrass, AL; INT Wiregrass 333° No comments objecting to the proposal 7,000 feet MSL which lies within the Lake and Montgomery, AL, 129° radials; were received. Placid MOA is excluded during the time the Montgomery; INT Montgomery 357° and The coordinates for this airspace Lake Placid MOA is activated. The airspace Vulcan, AL, 139° radials; Vulcan. docket are based on North American within R–4005 and R–4006 is excluded. * * * * * Datum 83. Class E airspace designations * * * * * are published in Paragraph 6002 of FAA V–537 (Revised) Order 7400.9B dated July 18, 1994, and V–159 (Revised) From Vero Beach, FL, via INT Vero Beach ° ° effective September 16, 1994, which is From Virginia Key, FL; INT Virginia Key 318 and Orlando, FL, 140 radials; INT incorporated by reference in 14 CFR 344° and Vero Beach, FL, 178° radials; Vero Orlando 140° and Melbourne, FL, 298° Beach; INT Vero Beach 318° and Orlando, radials; INT Melbourne 298° and Ocala, FL, 71.1. The Class E airspace designation FL, 140° radials; Orlando; Ocala, FL; Cross 145° radials; Ocala; Gainesville, FL; listed in this document will be City, FL; Greenville, FL; Pecan, GA; Eufaula, Greenville, FL; Moultrie, GA; Macon, GA. published subsequently in the Order. AL; Tuskegee, AL; Vulcan, AL; Hamilton, * * * * * The Rule AL; Holly Springs, MS; Gilmore, AR; Walnut Ridge, AR; Dogwood, MO; Springfield, MO; V–599 (New) This amendment to part 71 of the ° Napoleon, MO; INT Napoleon 336 and St. From Lee County, FL; INT Lee County 083° Federal Aviation Regulations modifies ° Joseph, MO, 132 radials; St. Joseph; Omaha, and Miami, FL, 332° radials; Miami. the Class E airspace area at Sloulin Field NE; Sioux City, IA; Yankton, SD; Mitchell, International Airport, Williston, ND, to SD; to Huron, SD. * * * * * Issued in Washington, DC, on February 6, accommodate existing SIAPs to the * * * * * 1995. airport. The intended effect of this V–267 (Revised) Harold W. Becker, action is to provide segregation of From Miami, FL; INT Miami 020° and Manager, Airspace—Rules and Aeronautical aircraft using instrument approach Pahokee, FL, 157° radials; Pahokee; Orlando, Information Division. procedures in instrument conditions FL; Craig, FL; Dublin, GA; Athens, GA; INT [FR Doc. 95–4073 Filed 2–16–95; 8:45 am] from other aircraft operating in visual ° ° Athens 340 and Harris, GA, 148 radials; BILLING CODE 4910±13±P weather conditions. Harris; Volunteer, TN. Aeronautical maps and charts will * * * * * reflect the defined area which will 14 CFR Part 71 enable pilots to circumnavigate the area V–295 (Revised) in order to comply with applicable From Virginia Key, FL; INT Virginia Key [Airspace Docket No. 94±AGL±34] visual flight rule requirements. 014° and Vero Beach, FL, 143° radials; Vero The FAA has determined that this ° Modification of Class E Airspace; Beach; INT Vero Beach 296 and Orlando, regulation only involves an established ° Williston, ND FL, 162 radials; Orlando; Ocala, FL; Cross body of technical regulations for which City, FL; to Tallahassee, FL. The portion outside the United States has no upper limit. AGENCY: Federal Aviation frequent and routine amendments are Administration (FAA), DOT. necessary to keep them operationally * * * * * ACTION: Final rule. current. It, therefore—(1) is not a V–437 (Revised) ‘‘significant regulatory action’’ under From Miami, FL; INT Miami 020° and SUMMARY: This action modifies the Class Executive Order 12866; (2) is not a Pahokee, FL, 157° radials; Pahokee; E airspace area at Sloulin Field ‘‘significant rule’’ under DOT Melbourne, FL; INT Melbourne 322° and International Airport, Williston, ND, to Regulatory Policies and Procedures (44 9286 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations FR 11034; February 26, 1979); and (3) 14 CFR Part 71 Datum 83. Class E airspace areas does not warrant preparation of a extending upward from 700 feet or more [Airspace Docket No. 94±ANM±23] regulatory evaluation as the anticipated above the surface of the earth are impact is so minimal. Since this is a Establishment of Class E Airspace; published in Paragraph 6005 of FAA routine matter that will only effect air Wenatchee, WA Order 7400.9B dated July 18, 1994, and traffic procedures and air navigation, it effective September 16, 1994, which is is certified that this rule will not have AGENCY: Federal Aviation incorporated by reference in 14 CFR a significant economic impact on a Administration (FAA), DOT. 71.1. This action is necessary to substantial number of small entities ACTION: Final rule; Request for accommodate a new instrument under the criteria of the Regulatory comments. approach procedure at Pangborn Flexibility Act. Memorial Airport. The area will be SUMMARY: This action establishes Class depicted on aeronautical charts for pilot List of Subjects in 14 CFR Part 71 E airspace at Wenatchee, Washington. reference, The Class E airspace Establishment of a new instrument Airspace, Incorporation by reference, designation listed in this document will approach procedure requires additional be published subsequently in the Order. Navigation (air). controlled airspace for the procedure. The Rule Adoption of the Amendment The area will be depicted on aeronautical charts for pilot reference. This amendment to part 71 of Federal In consideration of the foregoing, the EFFECTIVE DATE: 0901 UTC. March 30, Aviation Regulations amends Class E Federal Aviation Administration 1995. Comments must be received on or airspace at Wenatchee, Washington. The amends 14 CFR part 71 as follows: before March 15, 1995. FAA has determined that this regulation only involves an established body of PART 71Ð[AMENDED] ADDRESSES: Send comments on the proposal in triplicate to: Manager, technical regulations for which frequent System, Management Branch, ANM– and routine amendments are necessary 1. The authority citation for 14 CFR to keep them operationally current. It, part 71 continues to read as follows: 530, 1601 Lind Avenue SW., Renton, WA 98055–4056. therefore, (1) is not a ‘‘significant Authority: 49 U.S.C. app. 1348(a), 1354(a), regulatory action’’ under Executive FOR FURTHER INFORMATION CONTACT: 1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Order 12866; (2) is not a ‘‘significant Ted Melland, System Management 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR rule’’ under DOT Regulatory Policies Branch, ANM–530, Federal Aviation 11.69. and Procedures (44 FR 11034; February Administration, Docket No. 94–ANM– 26, 1979); and (3) does not warrant § 71.1 [Amended] 23, 1601 Lind Avenue S.W., Renton, preparation of a regulatory evaluation as Washington, 98055–4056; telephone 2. The incorporation by reference in the anticipated impact is so minimal. number: (206) 227–2536. 14 CFR 71.1 of the Federal Aviation Since this is a routine matter that will Administration Order 7400.9B, Airspace SUPPLEMENTARY INFORMATION: only affect air traffic procedures and air navigation, it is certified that this rule Designations and Reporting Points, History dated July 18, 1994, and effective will not have a significant economic September 16, 1994, is amended as On December 5, 1994, the FAA impact on a substantial number of small follows: proposed to amend part 71 of Federal entities under the criteria of the Aviation Regulations (14 CFR part 71) to Regulatory Flexibility Act. Paragraph 6002 Class E airspace areas establish Class E airspace area at designated as a surface area for an List of Subjects in 14 CFR Part 71 airport. Pangborn Memorial Airport, Wenatchee, Washington (59 FR 62365). Interested Airspace, Incorporation by reference. * * * * * parties were invited to participate in the Navigation (air). AGL ND E2 Williston, ND [Revised] rulemaking proceeding by submitting Adoption of the Amendment written comments on the proposal. No Williston, Sloulin Field International In consideration of the foregoing, the Airport, ND comments were received. However, in (Lat. 48°10′41′′ N., long. 103°38′32′′ W.) the proposal one line was inadvertently FAA amends 14 CFR part 71 as follows: omitted in the airspace description. The Williston, VORTAC PART 71Ð[AMENDED] (Lat. 48°15′12′′ N., long. 103°45′02′′ W.) line has been inserted and comments Within a 4.1-mile radius of the Sloulin are again solicited. After review of any 1. The authority citation for 14 CFR Field International Airport, and within 1.6 comments and, if the FAA finds that part 71 continues to read as follows: miles each side of the Williston VORTAC further changes are appropriate, it will ° Authority: 49 U.S.C. app. 1348(a), 1354(a), 135 radial, extending from the 4.1-mile initiate rulemaking proceedings to 1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959– radius to 5.9 miles southeast of the airport, extend the effective date or to amend 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR ° and within 1.8 miles each side of the 124 the regulation. 11.69. bearing from the airport, extending from the Comments that provide the factual 4.1-mile radius to 5.6 miles southeast of the basis supporting the views and § 71.1 [Amended] airport, and within 1.3 miles each side of the suggestions presented are particularly 2. The incorporation by reference in Williston VORTAC 137° and 317° radials, helpful in evaluating the effects of the 14 CFR 71.1 of the Federal Aviation extending from the 4.1-mile radius to 6.3 Administration Order 7400.9B, Airspace miles northwest of the airport. rule, and in determining whether additional rulemaking is required. Designations and Reporting Points, * * * * * Comments are specifically invited on dated July 18, 1994, and effective Issued in Des Plaines, Illinois, on February the overall regulatory, aeronautical, September 16, 1994, is amended as 7, 1995. economic, environmental, and energy- follows: Roger Wall, related aspects of the rule which might Paragraph 6005 Class E airspace areas Manager, Air Traffic Division. suggest the need to modify the rule. extending upward from 700 feet or more [FR Doc. 95–4070 Filed 2–16–95; 8:45 am] The coordinates for this airspace above the surface of the earth BILLING CODE 4910±13±M docket are based on North American * * * * * Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations 9287 ANM WA E5 Wenatchee, WA [Revised] SUPPLEMENTARY INFORMATION: PART 71Ð[AMENDED] Wenatchee, Pangborn Memorial Airport, WA History (lat. 47°23′55′′N, long. 120°12′24′′W) 1. The authority citation for 14 CFR Wenatchee. VOR/DME On December 12, 1994, the FAA part 71 continues to read as follows: ° ′ ′′ ° ′ ′′ (lat. 47 23 58 N, long. 120 12 39 W) proposed to amend part 71 of the Authority: 49 U.S.C. app. 1348(a), 1354(a), That airspace extending upward from 700 Federal Aviation Regulations (14 CFR 1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959– feet above the surface within 4.3 miles each part 71) to establish Class E airspace at 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR side of the 299° radial from the Wenatchee Green Bay, WI, (59 FR 63939). Interested 11.69. VOR/DME to 13.4 miles northwest of the parties were invited to participate in VOR/DME and within 4.3 miles southwest this rulemaking proceeding by § 71.1 [Amended] ° and 8 miles northeast of the 124 radial from submitting written comments on the 2. The incorporation by reference in the Wenatchee VOR/DME to 21 miles proposal to the FAA. No comments 14 CFR 71.1 of the Federal Aviation southeast of the VOR/DME, excluding that objecting to the proposal were received. portion within the Moses Lake, Grant Administration Order 7400.9B, Airspace County, and Quincy Airport, WA, Class E The coordinates for this airspace Designations and Reporting Points, airspace areas; that airspace extending docket are based on North American dated July 18, 1994, and effective upward from 1,200 feet above the surface Datum 83. Class E airspace designations September 16, 1994, is amended as bounded by a line beginning at: are published in Paragraph 6002 of FAA follows: ° ′ ′′ ° ′ ′′ lat. 47 36 00 N, long. 120 43 00 W; Order 7400.9B dated July 18, 1994, and Paragraph 6002 Class E airspace areas ° ′ ′′ ° ′ ′′ to lat. 47 36 00 N, long. 119 39 30 W; effective September 16, 1994, which is designated as a surface area for an ° ′ ′′ ° ′ ′′ to lat. 47 07 00 N, long. 119 39 30 W; incorporated by reference in 14 CFR airport. to lat. 47°07′00′′N, long. 120°43′00′′W; 71.1. The Class E airspace designation * * * * * to the point of beginning. Excluding that listed in this document will be portion within the Moses Lake, Grant published subsequently in the Order. AGL WI E2 Green Bay, WI [New] County Airport, WA, Class E airspace Green Bay, Austin Straubel International area. The Rule Airport, WI * * * * * This amendment to part 71 of the (lat. 44°29′09′′N., long. 88°07′46′′W.) Issued in Seattle, Washington, on February Federal Aviation Regulations establishes Within a 5-mile radius of the Austin 1, 1995. Class E airspace at Austin Straubel Straubel International Airport. This Class E Richard E. Prang, International Airport, Green Bay, WI. airspace area is effective during the specific Acting Manager, Air Traffic Division, Presently, the area is designated as a dates and times established in advance by a Northwest Mountain Region. Class C airspace when the associated Notice to Airmen. The effective dates and [FR Doc. 95–4068 Filed 2–16–95; 8:45 am] control tower is in operation. However, times will thereafter be continuously published in the Airport/Facility Directory. BILLING CODE 4910±13±M controlled airspace to the surface is needed when the control tower located * * * * * at this airport is closed. The intended Issued in Des Plaines, Illinois on February 7, 1995. 14 CFR Part 71 effect of this action is to provide adequate Class E airspace for instrument Roger Wall, [Airspace Docket No. 94±AGL±35] flight rule (IFR) operations when this Manager, Air Traffic Division. control tower is closed. [FR Doc. 95–4069 Filed 2–16–95; 8:45 am] Establishment of Class E Airspace; The FAA has determined that this BILLING CODE 4910±13±M Green Bay, WI regulation only involves an established body of technical regulations for which AGENCY: Federal Aviation frequent and routine amendments are 14 CFR Part 97 Administration (FAA), DOT. necessary to keep them operationally ACTION: Final rule. current. It, therefore—(1) is not a [Docket No. 28074; Amdt. No. 1651] ‘‘significant regulatory action’’ under Standard Instrument Approach SUMMARY: This action establishes Class Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Procedures; Miscellaneous E airspace at Austin Straubel Amendments International Airport, Green Bay, WI. Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) Presently, the area is designated as Class AGENCY: Federal Aviation does not warrant preparation of a C airspace when the associated control Administration (FAA), DOT. tower is in operation. However, regulatory evaluation as the anticipated ACTION: Final rule. controlled airspace to the surface is impact is so minimal. Since this is a routine matter that will only effect air needed when the control tower located SUMMARY: This amendment establishes, at this airport is closed. The intended traffic procedures and air navigation, it is certified that this rule will not have amends, suspends, or revokes Standard effect of this action is to provide Instrument Approach Procedures adequate Class E airspace for instrument a significant economic impact on a substantial number of small entities (SIAPs) for operations at certain flight rule (IFR) operations when this airports. These regulatory actions are control tower is closed. under the criteria of the Regulatory Flexibility Act. needed because of changes occurring in EFFECTIVE DATE: 0901 UTC, May 25, the National Airspace System, such as 1995. List of Subjects in 14 CFR Part 71 the commissioning of new navigational Airspace, Incorporation by reference, facilities, addition of new obstacles, or FOR FURTHER INFORMATION CONTACT: Navigation (air). changes in air traffic requirements. Jeffrey L. Griffith, Air Traffic Division, These changes are designed to provide System Management Branch, AGL–530, Adoption of the Amendment safe and efficient use of the navigable Federal Aviation Administration, 2300 In consideration of the foregoing, the airspace and to promote safe flight East Devon Avenue, Des Plaines, Illinois Federal Aviation Administration operations under instrument flight rules 60018, telephone (708) 294–7568. amends 14 CFR part 71 as follows: at the affected airports. 9288 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations DATES: An effective date for each SIAP The large number of SIAPs, their for making these SIAPs effective in less is specified in the amendatory complex nature, and the need for a than 30 days. provisions. special format make their verbatim Conclusion Incorporation by reference-approved publication in the Federal Register by the Director of the Federal Register expensive and impractical. Further, The FAA has determined that this on December 31, 1980, and reapproved airmen do not use the regulatory text of regulation only involves an established as of January 1, 1982. the SIAPs, but refer to their graphic body of technical regulations for which ADDRESSES: Availability of matter depiction of charts printed by frequent and routine amendments are incorporated by reference in the publishers of aeronautical materials. necessary to keep them operationally amendment is as follows: Thus, the advantages of incorporation current. It, therefore—(1) is not a by reference are realized and ‘‘significant regulatory action’’ under For Examination publication of the complete description Executive Order 12866; (2) is not a 1. FAA Rules Docket, FAA of each SIAP contained in FAA form ‘‘significant rule’’ under DOT Headquarters Building, 800 documents is unnecessary. The Regulatory Policies and Procedures (44 Independence Avenue SW., provisions of this amendment state the FR 11034; February 26, 1979); and (3) Washington, DC 20591; affected CFR (and FAR) sections, with does not warrant preparation of a 2. The FAA Regional Office of the the types and effective dates of the regulatory evaluation as the anticipated region in which affected airport is SIAPs. This amendment also identifies impact is so minimal. For the same located; or the airport, its location, the procedure reason, the FAA certifies that this 3. The Flight Inspection Area Office identification and the amendment amendment will not have a significant which originated the SIAP. number. economic impact on a substantial The Rule number of small entities under the For Purchase criteria of the Regulatory Flexibility Act. This amendment to part 97 of the Individual SIAP copies may be Federal Aviation Regulations (14 CFR List of Subjects in 14 CFR Part 97 obtained from: part 97) establishes, amends, suspends, 1. FAA Public Inquiry Center (APA– Air Traffic Control, Airports, or revokes SIAPs. For safety and 200), FAA Headquarters Building, 800 Navigation (air). timeliness of change considerations, this Independence Avenue SW., amendment incorporates only specific Issued in Washington, DC, on February 10, Washington, DC 20591; or 1995. changes contained in the content of the 2. The FAA Regional Office of the following FDC/P NOTAM for each Thomas C. Accardi, region in which the affected airport is SIAP. The SIAP information in some Director, Flight Standards Service. located. previously designated FDC/Temporary Adoption of the Amendment By Subscription (FDC/T) NOTAMs is of such duration as Accordingly, pursuant to the Copies of all SIAPs, mailed once to be permanent. With conversion to FDC/P NOTAMs, the respective FDC/T authority delegated to me, part 97 of the every 2 weeks, are for sale by the Federal Aviation Regulations (14 CFR Superintendent of Documents, U.S. NOTAMs have been cancelled. The FDC/P NOTAMs for the SIAPs part 97) is amended by establishing, Government Printing Office, contained in this amendment are based amending, suspending, or revoking Washington, DC 20402. on the criteria contained in the U.S. Standard Instrument Approach FOR FURTHER INFORMATION CONTACT: Paul Standard for Terminal Instrument Procedures, effective at 0901 UTC on J. Best, Flight Procedures Standards Approach Procedures (TERPS). In the dates specified, as follows: Branch (AFS–420), Technical Programs developing these chart changes to SIAPs PART 97ÐSTANDARD INSTRUMENT Division, Flight Standards Service, by FDC/P NOTAMs, the TERPS criteria APPROACH PROCEDURES Federal Aviation Administration, 800 were applied to only these specific Independence Avenue SW., conditions existing at the affected 1. The authority citation for part 97 Washington, DC 20591; telephone (202) airports. All SIAP amendments in this continues to read as follows: 267–8277. rule have been previously issued by the Authority: 49 U.S.C. app. 1348, 1354(a), SUPPLEMENTARY INFORMATION: This FAA in a National Flight Data Center 1421 and 1510; 49 U.S.C. 106(g); and 14 CFR amendment to part 97 of the Federal (FDC) Notice to Airmen (NOTAM) as an 11.49(b)(2). Aviation Regulations (14 CFR part 97) emergency action of immediate flight establishes, amends, suspends, or safety relating directly to published 2. Part 97 is amended to read as revokes Standard Instrument Approach aeronautical charts. The circumstances follows: Procedures (SIAPs). The complete which created the need for all these §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, regulatory description on each SIAP is SIAP amendments requires making and 97.35 [Amended] contained in the appropriate FAA Form them effective in less than 30 days. By amending: § 97.23 VOR, VOR/ 8260 and the National Flight Data Further, the SIAPs contained in this DME, VOR or TACAN, and VOR/DME Center (FDC)/Permanent (P) Notices to amendment are based on the criteria or TACAN; § 97.25 LOC, LOC/DME, Airmen (NOTAM) which are contained in the TERPS. Because of the LDA, LDA/DME, SDF, SDF/DME; incorporated by reference in the close and immediate relationship § 97.27 NDB, NDB/DME; § 97.29 ILS, amendment under 5 U.S.C. 552(a), 1 between these SIAPs and safety in air ILS/DME, ISMLS, MLS, MLS/DME, CFR part 51, and § 97.20 of the Federal commerce, I find that notice and public MLS/RNAV; § 97.31 RADAR SIAPs; Aviations Regulations (FAR). Materials procedure before adopting these SIAPs § 97.33 RNAV SIAPs; and § 97.35 incorporated by reference are available are unnecessary, impracticable, and COPTER SIAPs, identified as follows: for examination or purchase as stated contrary to the public interest and, above. where applicable, that good cause exists ** * Effective Upon Publication Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations 9289 FDC date State City Airport FDC No. SIAP 01/24/95 ...... WI Madison ...... Dane County Regional-Truax Field . FDC 5/0303 VOR or TACAN or GPS RWY 18 AMDT 20... 01/24/95 ...... WI Madison ...... Dane County Regional-Truax Field . FDC 5/0306 ILS RWY 18 AMDT 6... 01/24/95 ...... WI Madison ...... Dane County Regional-Truax Field . FDC 5/0308 ILS RWY 36 AMDT 29... 01/24/95 ...... WI Madison ...... Dane County Regional-Truax Field . FDC 5/0496 NDB or GPS RWY 36 AMDT 28... 01/24/95 ...... WI Madison ...... Dane County Regional-Truax Field . FDC 5/0496 NDB or GPS RWY 36 AMDT 28... 01/24/95 ...... WI Madison ...... Morey ...... FDC 5/0300 VOR or GPS-B AMDT 5... 01/24/95 ...... WI Madison ...... Morey ...... FDC 5/0302 VOR or GPS-A AMDT 6... 01/25/95 ...... IA Fort Dodge ...... Fort Dodge Regional ...... FDC 5/0332 RNAV or GPS RWY 24, AMDT 5... 01/25/95 ...... ME Bangor ...... Bangor Intl ...... FDC 5/0317 ILS RWY 15 AMDT 2... 01/27/95 ...... FL Melbourne ...... Melbourne Intl ...... FDC 5/0365 VOR RWY 9R AMDT 19... 01/27/95 ...... FL Melbourne ...... Melbourne Intl ...... FDC 5/0366 VOR or GPS RWY 27L AMDT 11... 01/27/95 ...... FL Melbourne ...... Melbourne Intl ...... FDC 5/0368 ILS RWY 9R AMDT 9... 01/27/95 ...... FL Miami ...... Kendall-Tamiami Executive ...... FDC 5/0362 ILS RWY 9R AMDT 7A... 01/27/95 ...... FL Miami ...... Kendall-Tamiami Executive ...... FDC 5/0363 NDB RWY 9R ORIG±A... 01/27/95 ...... FL Punta Gorda ...... Charlotte County ...... FDC 5/0359 VOR or GPS RWY 3 ORIG... 01/27/95 ...... FL Punta Gorda ...... Charlotte County ...... FDC 5/0360 VOR or GPS RWY 21 AMDT 3... 01/31/95 ...... FL Fort Lauderdale ...... Fort Lauderdale-Hollywood Intl ...... FDC 5/0415 NDB RWY 13 AMDT 14A... 01/31/95 ...... FL Fort Lauderdale ...... Fort Lauderdale-Hollywood Intl ...... FDC 5/0416 LOC RWY 9R AMDT 3A... 01/31/95 ...... FL Fort Lauderdale ...... Fort Lauderdale-Hollywood Intl ...... FDC 5/0417 VOR RWY 27R AMDT 10A... 01/31/95 ...... FL Fort Lauderdale ...... Fort Lauderdale-Hollywood Intl ...... FDC 5/0418 LOC RWY 13 ORIG±A... 01/31/95 ...... FL Kissimmee ...... Kissimmee Muni ...... FDC 5/0423 NDB RWY 15 AMDT 9... 01/31/95 ...... FL Miami ...... Miami Intl ...... FDC 5/0425 NDB or GPS RWY 27L AMDT 18... 01/31/95 ...... FL Miami ...... Miami Intl ...... FDC 5/0428 NDB RWY 27R ORIG... 01/31/95 ...... FL Miami ...... Miami Intl ...... FDC 5/0429 ILS RWY 12, AMDT 2A... 01/31/95 ...... FL Miami ...... Miami Intl ...... FDC 5/0431 IL RWY 27L, AMDT 22... 01/31/95 ...... FL Vero Beach ...... Vero Beach Muni ...... FDC 5/0434 VOR/DME RWY 29L, AMDT 2A... 01/31/95 ...... FL Vero Beach ...... Vero Beach Muni ...... FDC 5/0435 NDB RWY 29L, ORIG±A... 01/31/95 ...... GA Augusta ...... Bush Field ...... FDC 5/0441 RADAR±1 AMDT 6... 01/31/95 ...... GA Elberton ...... Elberton County-Patz Field ...... FDC 5/0444 VOR/DME or GPS RWY 10, AMDT 2A... 01/31/95 ...... MS Bay St. Louis ...... Stennis Intl ...... FDC 5/0445 NDB RWY 17 ORIG... 01/31/95 ...... MS Bay St. Louis ...... Stennis Intl ...... FDC 5/0446 RNAV or GPS RWY 17 AMDT 2... 02/01/95 ...... FL Fort Lauderdale ...... Fort Lauderdale-Hollywood Intl ...... FDC 5/0456 RADAR±1 AMDT 3A... 02/01/95 ...... FL Miami ...... Miami Intl ...... FDC 5/0455 ILS RWY 9R AMDT 7... 02/01/95 ...... FL Pompano Beach ...... Pompano Beach Airpark ...... FDC 5/0457 LOC RWY 14 ORIG... 02/01/95 ...... FL Vero Beach ...... Vero Beach Muni ...... FDC 5/0451 NDB RWY 11R ORIG 2A... 02/02/95 ...... AK Kodiak ...... Kodiak ...... FDC 5/0476 NDB±1, RWY 25, AMDT 3... 02/02/95 ...... GA Macon ...... Middle Georgia Regional ...... FDC 5/0500 VOR RWY 13 AMDT 7A... 02/02/95 ...... MN Grand Marais ...... Cook County ...... FDC 5/0483 NDB or GPS RWY 27 ORIG... 02/02/95 ...... MN Moose Lake ...... Moose Lake Carlton County ...... FDC 5/0520 NDB or GPS RWY 4 ORIG... 02/02/95 ...... NY Islip ...... Long Island MacArthur ...... FDC 5/0504 ILS RWY 6 AMDT 21... 02/03/95 ...... AL Mobile ...... Mobile Downtown ...... FDC 5/0541 RADAR±1 ASR RWY 36 ORIG... 02/03/95 ...... CA San Diego ...... San Diego Intl-Lindbergh Field ...... FDC 5/0523 NDB RWY 27 AMDT 1... 02/03/95 ...... CA San Diego ...... San Diego Intl-Lindbergh Field ...... FDC 5/0526 LOC RWY 27 AMDT 2... 02/07/95 ...... MN Duluth ...... Duluth Intl ...... FDC 5/0572 ILS RWY 9 AMDT 18... 02/07/95 ...... NY New York ...... John F. Kennedy Intl ...... FDC 5/0594 ILS/DME RWY 22R ORIG... [FR Doc. 95–4072 Filed 2–16–95; 8:45 am] SUMMARY: This amendment establishes, instrument flight rules at the affected BILLING CODE 4910±13±M amends, suspends, or revokes Standard airports. Instrument Approach Procedures DATES: An effective date for each SIAP (SIAPs) for operations at certain is specified in the amendatory 14 CFR Part 97 airports. These regulatory actions are provisions. needed because of the adoption of new [Docket No. 28073; Amdt. No. 1650] or revised criteria, or because of changes Incorporation by reference-approved occurring in the National Airspace by the Director of the Federal Register Standard Instrument Approach System, such as the commissioning of on December 31, 1980, and reapproved Procedures; Miscellaneous new navigational facilities, addition of as of January 1, 1982. Amendments new obstacles, or changes in air traffic ADDRESSES: Availability of matters AGENCY: Federal Aviation requirements. These changes are incorporated by reference in the Administration (FAA), DOT. designed to provide safe and efficient amendment is as follows: use of the navigable airspace and to ACTION: Final rule. promote safe flight operations under 9290 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations For Examination provisions of this amendment state the Issued in Washington, DC on February 10, 1995. 1. FAA Rules Docket, FAA affected CFR (and FAR) sections, with Headquarters Building, 800 the types and effective dates of the Thomas C. Accardi, Independence Avenue, SW., SIAPs. This amendment also identifies Director, Flight Standards Service. Washington, DC 20591; the airport, its location, the procedure Adoption of the Amendment 2. The FAA Regional Office of the identification and the amendment region in which the affected airport is number. Accordingly, pursuant to the located; or authority delegated to me, part 97 of the The Rule 3. The Flight Inspection Area Office Federal Aviation Regulations (14 CFR part 97) is amended by establishing, which originated the SIAP. This amendment to part 97 is effective amending, suspending, or revoking For Purchase upon publication of each separate SIAP Standard Instrument Approach as contained in the transmittal. Some Individual SIAP copies may be Procedures, effective at 0901 UTC on SIAP amendments may have been obtained from: the dates specified, as follows: 1. FAA Public Inquiry Center (APA– previously issued by the FAA in a 200), FAA Headquarters Building, 800 National Flight Data Center (FDC) PART 97ÐSTANDARD INSTRUMENT Independence Avenue, SW., Notice to Airmen (NOTAM) as an APPROACH PROCEDURES Washington, DC 20591; or emergency action of immediate flight safety relating directly to published 1. The authority citation for part 97 2. The FAA Regional Office of the continues to read as follows: region in which the affected airport is aeronautical charts. The circumstances located. which created the need for some SIAP Authority: 49 U.S.C. app. 1348, 1354(a), amendments may require making them 1421 and 1510; 49 U.S.C. 106(g); and 14 CFR By Subscription effective in less than 30 days. For the 11.49(b)(2). Copies of all SIAPs, mailed once remaining SIAPs, an effective date at 2. Part 97 is amended to read as every 2 weeks, are for sale by the least 30 days after publication is follows: Superintendent of Documents, U.S. provided. Government Printing Office, §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, Further, the SIAPs contained in this Washington, DC 20402. 97.35 [Amended] amendment are based on the criteria FOR FURTHER INFORMATION CONTACT: By amending: § 97.23 VOR, VOR/ contained in the U.S. Standard for Paul J. Best, Flight Procedures DME, VOR or TACAN, and VOR/DME Terminal Instrument Approach Standards Branch (AFS–420), Technical or TACAN; § 97.25 LOC, LOC/DME, Programs Division, Flight Standards Procedures (TERPS). In developing LDA, LDA/DME, SDF, SDF/DME; Service, Federal Aviation these SIAPs, the TERPS criteria were § 97.27 NDB, NDB/DME; § 97.29 ILS, Administration, 800 Independence applied to the conditions existing or ILS/DME, ISMLS, MLS, MLS/DME, Avenue, SW., Washington, DC 20591; anticipated at the affected airports. MLS/RNAV; § 97.31 RADAR SIAPs; telephone (202) 267–8277. Because of the close and immediate § 97.33 RNAV SIAPs; and § 97.35 relationship between these SIAPs and SUPPLEMENTARY INFORMATION: This COPTER SIAPs, identified as follows: safety in air commerce, I find that notice amendment to part 97 of the Federal * * * Effective May 25, 1995 Aviation Regulations (14 CFR part 97) and public procedure before adopting these SIAPs are unnecessary, Block Island, RI, Block Island State, GPS establishes, amends, suspends, or RWY 28, Orig. revokes Standard Instrument Approach impracticable, and contrary to the Hereford, TX, Hereford Muni, NDB or GPS Procedures (SIAPs). The complete public interest and, where applicable, RWY 21, Amdt 2 that good cause exists for making some regulatory description of each SIAP is ** * Effective March 30, 1995 contained in official FAA form SIAPs effective in less than 30 days. documents which are incorporated by Colorado City, AZ, Colorado City Muni, The FAA has determined that this NDB–A RWY 29, Orig reference in this amendment under 5 regulation only involves an established Hot Springs, AR, Memorial Fld, ILS RWY 5, U.S.C. 552(a), 1 CFR part 51, and § 97.20 body of technical regulations for which Amdt 13 of the Federal Aviation Regulations frequent and routine amendments are Windsor Locks, CT, Bradley Intl, GPS RWY (FAR). The applicable FAA Forms are necessary to keep them operationally 15, Orig. identified as FAA Forms 8260–3, 8260– current. It, therefore—(1) is not a Fort Lauderdale, FL, Fort Lauderdale 4, and 8260–5. Materials incorporated ‘‘significant regulatory action’’ under Executive, NDB Rwy 8, Amdt 8 by reference are available for Fort Lauderdale, FL, Fort Lauderdale Executive Order 12866; (2) is not a Executive, ILS RWY 8, Amdt 4 examination or purchase as stated ‘‘significant rule’’ under DOT above. Fort Lauderdale, FL, Fort Lauderdale Regulatory Policies and Procedures (44 Executive, VOR/DME RNAV or GPS RWY The large number of SIAPs, their FR 11034; February 26, 1979); and (3) 8, Amdt 3 complex nature, and the need for a does not warrant preparation of a Miami, FL, Miami INTL, VOR/DME RNAV or special format make their verbatim regulatory evaluation as the anticipated GPS RWY 9L, Amdt 10 publication in the Federal Register impact is so minimal. For the same Miami, FL, Miami INTL, VOR/DME RNAV or expensive and impractical. Further, GPS RWY 27R, Orig airmen do not use the regulatory text of reason, the FAA certifies that this Miami, FL, Miami INTL, RNAV RWY 27R, the SIAPs, but refer to their graphic amendment will not have a significant Amdt 5A, Cancelled depiction on charts printed by economic impact on a substantial Miami, FL, Opa Locka, VOR/DME RNAV publishers of aeronautical materials. number of small entities under the RWY 9L, Amdt 8 criteria of the Regulatory Flexibility Act. Miami, FL, Opa Locka, VOR/DME RNAV Thus, the advantages of incorporation RWY 27R, Orig by reference are realized and List of Subjects in 14 CFR Part 97 Atlanta, GA, Fulton County Airport-Brown publication of the complete description Field, RADAR–1, Amdt 18, Cancelled of each SIAP contained in FAA form Air Traffic Control, Airports, Rantoul, IL, Rantoul National Aviation documents is unnecessary. The Navigation (air). Center, VOR RWY 27, Orig Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations 9291 Shelbyville, IN, Shelbyville Muni, VOR or serve as a statement of policy and the 46598). One comment was received GPS RWY 18, Amdt 9 amendments expand the scope of the regarding the standing of the individual Shenandoah, IA, Shenandoah Muni, VOR/ existing regulations and provide for or business entity, from whom the DME OR GPS RWY 12, Amdt 3 more comprehensive standards and information was obtained, to contest its Rochester, NH, Sykhaven, GPS RWY 33, Orig Hickory, NC, Hickory Regional, VOR/DME or guidelines for Department components, production or release. This comment GPS RWY 6, Orig, Cancelled employees, former employees, other did not require a modification in the Maxton, NC, Laurinburg-Maxton, VOR/DME– federal agencies, and the public in final rule. The Department of A, Orig–A, Cancelled general regarding the appropriate Commerce’s Touhy regulations cannot, Sanford, NC, Sanford-Lee County Brick Field, procedures concerning testimony and in and of themselves, provide standing VOR/DME–A, Orig-A, Cancelled the production of documents. to third parties. Touhy regulations only Wilmington, NC, New Hanover County, VOR EFFECTIVE DATE: March 20, 1995. provide a procedure whereby the agency or TACAN–A, Amdt 2A, Cancelled Wilmington, NC, New Hanover County, FOR FURTHER INFORMATION CONTACT: M. can determine whether any evidentiary RNAV RWY 24, Amdt 4A, Cancelled Timothy Conner or Donald J. Reed, privileges or statutory requirements of Harrison, OH, Cincinnati West, VOR or GPS (202) 482–1067. privacy or confidentiality apply, or if RWY 18, Amdt 2 SUPPLEMENTARY INFORMATION: Section there is any other legal basis for Marysville, OH, Union County, NDB or GPS 301 of Title 5, United States Code, withholding information. RWY 27, Amdt 5 Ardmore, OK, Ardmore Muni, ILS RWY 30, provides that the head of an Executive This rule has been determined to be Amdt 3 department may prescribe regulations ‘‘not significant’’ for purposes of Chambersburg, PA, Chambersburg Muni, for the custody, use and preservation of Executive Order 12866. VOR/DME–A, Amdt 2, Cancelled its records. The Supreme Court has The Assistant General Counsel for Friday Harbor, WA, Friday Harbor, NDB upheld the ability of Federal agencies to Legislation and Regulation certified to RWY 34, Orig. establish procedures in section 301 the Chief Counsel for Advocacy of the * * * Effective March 2, 1995 regulations governing the production of Small Business Administration that this records and testimony in legal Holland, MI, Tulip City, ILS/DME RWY 26, rule would not have a significant Orig proceedings in which the United States economic impact on a substantial Amarillo, TX, Amarillo Intl, GPS RWY 22, is not a party. United States ex rel. number of small entities. This is Orig Touhy v. Ragen, 340 U. S. 462 (1951). because the rule is established to These rules establish Department of ** * Effective 2 February 1995 facilitate the Department’s safeguarding, Commerce (DOC) policies and control and preservation of its records, Jacksonville, FL, Jacksonville Intl, ILS RWY procedures applicable to the production 7, Amdt 12 information, papers and property . As a of DOC documents and/or testimony by result, a regulatory flexibility analysis ** * Effective Upon Publication DOC employees in legal proceedings. was not prepared. Teterboro, NJ, Teterboro, VOR/DME RWY 24, Basically, the legal proceedings Amdt 8 addressed in the rules are any List of Subjects in 15 CFR Part 15a Santa Fe, NM, Santa Fe County Muni, VOR administrative or judicial activities OR GPS RWY 33, Amdt 8 traditionally conducted within the Administrative practice and Castroville, TX, Castroville Muni, NDB OR executive or judicial branches of procedure, Courts, Government GPS RWY 33, Amdt 2 Federal, state, local or foreign employees. Bluefield, WV, Mercer County, VOR/DME or governmental entities in which the For the reasons set out in the GPS RWY 23, Amdt 4 United States: (i) Is not a party; (ii) is preamble Part 15a is revised to read as [FR Doc. 95–4071 Filed 2–16–95; 8:45 am] not represented; (iii) does not have a follows: BILLING CODE 4910±13±M direct and substantial interest; and (iv) is not providing representation to an PART 15aÐTESTIMONY BY individual or entity that is a party. EMPLOYEES AND THE PRODUCTION DEPARTMENT OF COMMERCE Similarly, the rules will not cover OF DOCUMENTS IN LEGAL activities that are not legal proceedings PROCEEDINGS Office of the Secretary such as Congressional request for records or testimony, or requests for Sec. 15 CFR Part 15a records under the Freedom of 15a.1 Scope. 15a.2 Definitions. [Docket No. 950126028±5028±01] Information Act, 5 U.S.C. 552. In addition, the rules will not infringe 15a.3 Demands for testimony or production RIN 0690±AA22 upon or displace responsibilities of documents: Department Policy. committed to the Department of Justice 15a.4 Demand for testimony or production Testimony by Employees and the in conducting litigation on behalf of the of documents: Department procedures. Production of Documents in Legal United States. 15a.5 Procedures when a Department employee receives a subpoena. Proceedings Finally, the rules will not remove the 15a.6 Legal Proceedings between private AGENCY: Office of the Secretary, need to comply with any applicable litigants: Expert and/or opinion Department of Commerce. confidentiality provisions such as the testimony. ACTION: Final rule. Privacy Act, The Freedom of 15a.7 Demands or requests in legal Information Act or the Trade Secrets proceedings for records protected by SUMMARY: The Department of Commerce Act. In fact, if the requirements of confidentiality statutes. is revising its regulations which confidentiality statutes or regulations 15a.8 Testimony of Department employees prescribes policies and procedures to be are not met, records or testimony cannot in proceedings involving the United followed with respect to the testimony be provided even where the States. of Department employees regarding requirements of these regulations are Authority: 5 U. S. C. 301; 15 U. S. C. 1501, official matters, and the production of satisfied. 1512, 1513, 1515 and 1518; Reorganization Department documents in legal A notice of proposed rule making was Plan No. 5 of 1950; 3 CFR, 1949–1953 Comp., proceedings. These regulations will published on September 9, 1994, (59 FR p. 1004; 44 U.S.C. 3101. 9292 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations § 15a.1 Scope. other Department employee to whom (f) To protect confidential, sensitive (a) This part sets forth the policies the General Counsel has delegated information and the deliberative process and procedures of the Department of authority to act under this part. of the Department. Commerce regarding the testimony of (h) Legal proceeding means all pretrial, trial and post trial stages of all § 15a.4. Demand for testimony or employees, and former employees, as production of documents: Department witnesses in legal proceedings and the existing or reasonably anticipated procedures. production or disclosure of information judicial or administrative actions, (a) Whenever a demand for testimony contained in Department of Commerce hearings, investigations, or similar or for the production of documents is documents for use in legal proceedings proceedings before courts, commissions, made upon an employee, the employee pursuant to a request, order, or boards or other tribunals, foreign or shall immediately notify the General subpoena (collectively referred to in this domestic. This phrase includes all Counsel (Room 5890, U. S. Department part as a ‘‘demand’’). phases of discovery as well as responses of Commerce, Washington, D. C. 20230, (b) This part does not apply to any to formal or informal requests by (202) 482–1067) or appropriate agency legal proceeding in which an employee attorneys or others involved in legal counsel. When a demand for testimony is to testify while on leave status, proceedings. or for the production of documents is regarding facts or events that are (i) Official business means the made upon an employee of the Patent unrelated to the official business of the authorized business of the Department. and Trademark Office, the employee Department. (j) Secretary means the Secretary of (c) This part in no way affects the the Department of Commerce. should immediately notify the Solicitor, rights and procedures governing public (k) Solicitor means the Solicitor of the by phone, (703) 305–9035; by mailed access to records pursuant to the Patent and Trademark Office. addressed Solicitor, Box 8, Patent and Freedom of Information Act, the Privacy (l) Testimony means a statement in Trademark Office, Washington, D. C. Act or the Trade Secrets Act.. any form, including personal 20231; or in person to 2121 Crystal (d) This part is not intended to be appearances before a court or other legal Drive, Crystal Park 2, Suite 918, relied upon to, and does not, create any tribunal, interviews, depositions, Arlington, Virginia 22215. right or benefit, substantive or telephonic, televised, or videotaped (b) A Department employee may not procedural, enforceable at law by any statements or any responses given give testimony, produce documents, or party against the United States. during discovery or similar proceedings, answer inquiries from a person not which response would involve more employed by the Department regarding § 15a.2 Definitions. than the production of documents. testimony or documents subject to a For the purpose of this part: (m) United States means the Federal demand or a potential demand under (a) Agency counsel means the chief Government, its departments and the provisions of this part without the legal officer (or his/her designee) of an agencies, and individuals acting on approval of the General Counsel, or the agency within the Department of behalf of the Federal Government. Solicitor, or the appropriate agency Commerce. counsel. A Department employee shall (b) Component means Office of the § 15a.3. Demand for testimony or immediately refer all inquiries and Secretary or an operating unit of the production of documents: Department Demands to the General Counsel, or the Department as defined in Department policy. Solicitor, or appropriate agency counsel. Organization Order 1–1. No employee shall in response to a Where appropriate, the General (c) Demand means a request, order, or demand, produce any documents, or Counsel, or the Solicitor, or appropriate subpoena for testimony or documents provide testimony regarding any agency counsel, may instruct the for use in a legal proceeding. information relating to, or based upon Department employee, orally or in (d) Department means the United Department of Commerce documents, or writing, not to give testimony or States Department of Commerce and its disclose any information or produce produce documents. constituent agencies. materials acquired as part of the (c)(1) Demand for testimony or (e) Document means any record, performance of that employee’s official documents. A demand for the testimony paper and other property held by the duties, or because of that employee’s of a Department employee shall be Department, including without official status without the prior addressed to the General Counsel, Room limitation, official letters, telegrams, authorization of the General Counsel, or 5890, Department of Commerce, memoranda, reports, studies, calendar the Solicitor, or the appropriate agency Washington, D. C. 20230 or appropriate and diary entries, maps, graphs, counsel. The reasons for this policy are agency counsel. A demand for pamphlets, notes, charts, tabulations, as follows: testimony of an employee of the Patent analyses, statistical or informational (a) To conserve the time of and Trademark Office shall be mail accumulations, any kind of summaries Department employees for conducting addressed to the Solicitor, Box 8, Patent of meetings and conversations, film official business; and Trademark Office, Washington, D. impressions, magnetic tapes and sound (b) To minimize the possibility of C. 20231; or in person to 2121 Crystal or mechanical reproductions. involving the Department in Drive, Crystal Park 2, Suite 918, (f) Employee means all current or controversial issues that are not related Arlington, Virginia 22215. former employees or officers of the to the Department’s mission; (2) Subpoenas. A subpoena for Department, including commissioned (c) To prevent the possibility that the testimony by a Department employee or officers of the National Oceanic and public will misconstrue variances a document shall be served in Atmospheric Administration and any between personal opinions of accordance with the Federal Rules of other individual who has been Department employees and Department Civil or Criminal Procedure or appointed by, or subject to the policy; applicable state procedure and a copy of supervision, jurisdiction or control of (d) To avoid spending the time and the subpoena shall be sent to the the Secretary of the Department of money of the United States for private General Counsel, or the Solicitor, or Commerce. purposes; appropriate agency counsel. (g) General Counsel means the (e) To preserve the integrity of the (3) Affidavit. Except when the United General Counsel of the Department or administrative process; and States is a party, every demand shall be Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations 9293 accompanied by an affidavit or under this section when circumstances Department employee. Employees, with declaration under 28 U.S.C. 1746 or, if warrant. or without compensation, shall not an affidavit is not feasible, a statement provide expert testimony in any legal setting forth the title of the legal § 15a.5 Procedures when a Department proceedings regarding Department employee receives a subpoena. proceeding, the forum, the requesting information, subjects or activities except party’s interest in the legal proceeding, (a) A Department employee who on behalf of the United States or a party the reason for the demand, a showing receives a subpoena shall immediately represented by the United States that the desired testimony or document forward the subpoena to the General Department of Justice. However, upon a is not reasonably available from any Counsel, or the appropriate agency showing by the requester that there are other source, and if testimony is counsel. In the case of an employee of exceptional circumstances and that the requested, the intended use of the the Patent and Trademark Office, the anticipated testimony will not be testimony, a general summary of the subpoena shall immediately be adverse to the interest of the Department desired testimony, and a showing that forwarded to the Solicitor. The General or the United States, the General no document could be provided and Counsel, or the Solicitor, or appropriate Counsel, or the Solicitor, or appropriate used in lieu of testimony. The purpose agency counsel will determine the agency counsel may, in writing grant of this requirement is to assist the extent to which a Department employee special authorization for the employee General Counsel, or the Solicitor, or will comply with the subpoena. to appear and give the expert or opinion appropriate agency counsel in making (b) If an employee is served with a testimony. an informed decision regarding whether subpoena that the General Counsel, or (b)(1) If, while testifying in any legal testimony or the production of a the Solicitor, or appropriate agency proceeding, an employee is asked for document(s) should be authorized. counsel determines should not be expert or opinion testimony regarding (d) A certified copy of a document for complied with, the General Counsel, official DOC information, subjects or use in a legal proceeding may be Solicitor or appropriate agency counsel activities, which testimony has not been provided upon written request and will attempt to have the subpoena approved in advance in accordance with payment of applicable fees. Written withdrawn or modified. If this cannot be the regulations in this part, the witness requests for certification shall be done, the General Counsel, Solicitor or shall: addressed to the agency counsel for the appropriate agency counsel will attempt (i) Respectfully decline to answer on component having possession, custody, to obtain Department of Justice the grounds that such expert or opinion or control of the document. Unless representation for the employee and testimony is forbidden by the governed by another applicable move to have the subpoena modified or regulations in this part; provision of law or component quashed. If, because of time constraints, (ii) Request an opportunity to consult regulation, the applicable fee includes this is not possible prior to the with the General Counsel, or the charges for certification and compliance date specified in the Solicitor, or appropriate agency counsel reproduction as set out in 15 CFR part subpoena, the employee should appear before giving such testimony; and 4.9. Other reproduction costs and at the time and place set forth in the (iii) Explain that upon such postage fees, as appropriate, must also subpoena. If legal counsel cannot appear consultation, approval for such be borne by the requester. on behalf of the employee, the employee testimony may be provided. (e) The Secretary retains the authority should produce a copy of the (2) If the witness is then ordered by to authorize and direct testimony in Department’s regulations and inform the the body conducting the proceeding to those cases where a statute or legal tribunal that he/she has been provide expert or opinion testimony Presidential order mandates a personal advised by counsel not to provide the regarding official DOC information, decision by the Secretary. requested testimony and/or produce subjects or activities without the (f) The General Counsel, or the documents. If the legal tribunal rules opportunity to consult with either the Solicitor, or appropriate agency counsel that the demand in the subpoena must General Counsel, or the Solicitor, or may consult or negotiate with an be complied with, the employee shall appropriate agency counsel, the witness attorney for a party or the party if not respectfully decline to comply with the shall respectfully refuse to provide such represented by an attorney, to refine or demand. United States ex rel. Touhy v. testimony. See United States ex rel. limit a demand so that compliance is Ragen, 340 U. S. 462 (1951). Touhy v. Ragen, 340 U. S. 462 (1951). less burdensome or obtain information (c) Where the Department employee is (c) If an employee is unaware of the necessary to make the determination an employee of the Office of the regulations in this part and provides required by paragraph (b) of this section. Inspector General, the Inspector General expert or opinion testimony regarding Failure of the attorney to cooperate in in consultation with the General official DOC information, subjects or good faith to enable the General Counsel, will make a determination activities in a legal proceeding without Counsel, or the Solicitor, or the under paragraphs (a) and (b) of this the aforementioned consultation, the Secretary, or the appropriate agency section. witness shall, as soon after testifying as counsel to make an informed possible, inform the General Counsel, or determination under this part may § 15a.6 Legal Proceedings between private litigants: Expert or opinion testimony. the Solicitor, or appropriate agency serve, where appropriate, as a basis for counsel that such testimony was given a determination not to comply with the In addition to the policies and and provide a written summary of the demand. procedures as outlined in §§ 15a.1 expert or opinion testimony provided. (g) A determination under this part to through 15a.6., the following applies to comply or not to comply with a demand legal proceedings between private § 15a.7 Demands or requests in legal is not an assertion or waiver of litigants: proceedings for records protected by privilege, lack of relevance, technical (a) If a Department employee is confidentiality statutes. deficiency or any other ground for authorized to give testimony in a legal Demands in legal proceedings for the noncompliance. proceeding not involving the United production of records, or for the (h) The General Counsel, or the States, the testimony, if otherwise testimony of Department employees Solicitor, or appropriate agency counsel proper, shall be limited to facts within regarding information protected by the may waive any requirements set forth the personal knowledge of the Privacy Act, 5 U.S.C. 552a, the Trade 9294 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations Secrets Act, 18 U.S.C. 1905 or other National Oceanic and Atmospheric Point due north to the U.S./Canada confidentiality statutes, must satisfy the Administration international boundary seaward to the requirements for disclosure set forth in 100 fathom isobath. The seaward those statutes before the records may be 15 CFR Part 925 boundary of the Sanctuary approximates provided or testimony given. The RIN 0648±AC63 the 100 fathom isobath in a southerly General Counsel, or the Solicitor, or direction from the U.S./Canada appropriate agency counsel should first Olympic Coast National Marine international boundary to a point due determine if there is a legal basis to Sanctuary Regulations west of the mouth of the Copalis River provide the testimony or records sought cutting across the heads of Nitnat, Juan AGENCY: Sanctuaries and Reserves under applicable confidentiality statutes de Fuca and Quinault Canyons. Division (SRD), Office of Ocean and before applying §§ 15a.1 through 15a.8. Appendix A has been corrected to more Coastal Resource Management (OCRM), Where an applicable confidentiality accurately represent the U.S./ National Ocean Service (NOS), National international boundary, which statute mandates disclosure, §§ 15a.1 Oceanic and Atmospheric through 15a.8 will not apply. delineates the northern boundary of the Administration (NOAA), Department of Sanctuary. The remaining coordinates Commerce (DOC). § 15a.8 Testimony of Department have not been changed. employees in proceedings involving the ACTION: Correcting amendment. United States. (Federal Domestic Assistance Catalog SUMMARY: This document contains Number 11.429 Marine Sanctuary Program.) The following applies in legal corrections to Appendix A to the final List of Subjects in 15 CFR Part 925 proceedings in which the United States regulations for the Olympic Coast is a party: National Marine Sanctuary which were Administrative practice and (a) A Department employee may not published on Wednesday, May 11, 1994 procedure, Coastal zone, Education, testify as an expert or opinion witness (59 FR 24586). Environmental protection, Marine for any other party other than the EFFECTIVE DATE: February 17, 1995. resources, Natural resources, Penalties, United States. FOR FURTHER INFORMATION CONTACT: Recreation and recreation areas, Reporting and recordkeeping (b) Whenever, in any legal proceeding Todd Jacobs, Sanctuary Manager, at (206) 457–6622 or Elizabeth Moore at requirements, Research. involving the United States, a request is (301) 713–3141. made by an attorney representing or Accordingly, 15 CFR part 925 is acting under the authority of the United SUPPLEMENTARY INFORMATION: The corrected by making the following States, the General Counsel, or the National Oceanic and Atmospheric correcting amendment: Solicitor, or appropriate agency counsel Administration (NOAA), by the PART 925ÐOLYMPIC COAST will make all necessary arrangements designation document published in the NATIONAL MARINE SANCTUARY for the Department employee to give 59 FR 24586, May 11, 1994, designated approximately 2,500 square nautical testimony on behalf of the United 1. The authority citation for part 925 States. Where appropriate, the General miles of coastal and ocean waters, and the submerged lands thereunder, off the continues to read as follows: Counsel, or the Solicitor, or appropriate Olympic Peninsula of Washington State, agency counsel may require Authority: Sections 302, 303, 304, 305, including the waters of the Strait of Juan 306, 307, 310, and 312 of Title III of the reimbursement to the Department of the de Fuca eastward to Koitlah Point, as Marine Protection, Research, and Sanctuaries expenses associated with a Department the Olympic Coast National Marine Act of 1972, as amended (16 U.S.C. 1431 et employee giving testimony on behalf of Sanctuary (Sanctuary). This notice seq.). the United States. corrects a discrepancy between the 2. Appendix A to part 925 is revised Alden F. Abbott, Sanctuary boundary as described in 15 to read as follows: Assistant General Counsel for Finance and CFR 925.2(b) and the coordinates for Litigation. that boundary listed in Appendix A. Appendix A To Part 925ÐOlympic [FR Doc. 95–3998 Filed 2–16–95; 8:45 am] Section 925.2(b) describes the Sanctuary Coast National Marine Sanctuary BILLING CODE 3510±BW±P boundary as extending from Koitlah Boundary Coordinates [Based on North American Datum of 1983] 2500 square nautical miles Point Latitude Longitude 1 ...... 47 07′45′′ 124 11′02′′ 2 ...... 47 07′45′′ 124 58′12′′ 3 ...... 47 35′05′′ 124 00′00′′ 4 ...... 47 40′05′′ 124 04′44′′ 5 ...... 47 50′01′′ 124 05′42′′ 6 ...... 47 57′13′′ 124 29′13′′ 7 ...... 48 07′33′′ 125 38′20′′ 8 ...... 48 15′00′′ 125 40′54′′ 9 ...... 48 18′21.2′′ 125 30′02.9′′ 10 ...... 48 20′15.2′′ 125 22′52.9′′ 11 ...... 48 26′46.2′′ 125 09′16.9′′ 12 ...... 48 27′09.2′′ 125 08′29.9′′ 13 ...... 48 28′08.2′′ 125 05′51.9′′ 14 ...... 48 29′43.2′′ 125 00′10.9′′ 15 ...... 48 29′56.2′′ 124 59′19.9′′ 16 ...... 48 30′13.2′′ 124 54′56.9′′ 17 ...... 48 30′21.2′′ 124 50′25.9′′ Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations 9295 [Based on North American Datum of 1983] 2500 square nautical miles Point Latitude Longitude 18 ...... 48 30′10.2′′ 124 47′17.9′′ 19 ...... 48 29′36.4′′ 124 43′38.1′′ 20 ...... 48 28′08′′ 124 38′13′′ 21 ...... 48 23′17′′ 124 38′13′′ Dated: February 6, 1995. efficiency, consumption, or cost section 305.8 for these product Frank W. Maloney, information on labels and in retail sales categories (which are to enable the Deputy Assistant Administrator for Ocean catalogs for eight categories of Commission to publish ranges of Services and Coastal Zone Management. appliances, and mandates that the comparability) must be made in terms of [FR Doc. 95–4015 Filed 2–16–95; 8:45 am] energy costs, consumption, or efficiency estimated annual energy consumption, BILLING CODE 3510±08±M ratings be based on standardized test for the determination of which the DOE procedures developed by DOE. The cost cost figures are unnecessary. The 1995 information obtained by following the (and all subsequent) submissions also FEDERAL TRADE COMMISSION test procedures is derived by using the must be made in terms of the new representative average unit energy costs product sub-categories created by the 16 CFR Part 305 provided by DOE. Table 1 in § 305.9(a) above-mentioned amendments. The of the rule sets forth the representative energy efficiency energy usage Appliance Labeling Rule average unit energy costs to be used for descriptors for the other products all cost-related requirements of the rule. covered by the rule (room air AGENCY: Federal Trade Commission. As stated in § 305.9(b), the Table is conditioners, furnaces, boilers, central ACTION: Final rule revision. intended to be revised periodically on air conditioners, heat pumps, and pool SUMMARY: The Federal Trade the basis of updated information heaters) are unaffected by the Commission’s Appliance Labeling Rule provided by DOE. amendments mentioned above. The requires that Table 1, in § 305.9, which On January 5, 1995, DOE published annual data submission requirements sets forth the representative average unit the most recent figures for for those products, which are not based energy costs for five residential energy representative average unit energy costs. on the DOE cost figures, will continue sources, be revised periodically on the Accordingly, Table 1 is revised to reflect to be in terms of energy efficiency basis of updated information provided these latest cost figures as set forth (although submissions for room air by the Department of Energy (‘‘DOE’’). below. conditioners, furnaces, and boilers must This document revises the table to The dates when use of the figures in be made in terms of the new product incorporate the latest figures for average revised Table 1 becomes mandatory in sub-categories created by the unit energy costs as published by DOE calculating cost disclosures for use in amendments). For convenience, the in the Federal Register on January 5, labeling and catalog sales of products annual dates for data submissions are 1995.1 covered by the Commission’s rule and/ repeated here: DATES: The revisions to § 305.9(a) and or EPCA are as follows: Table 1 are effective February 17, 1995. For 1995 Submissions of Data Under Fluorescent lamp ballasts ...... Mar. 1. The mandatory dates for using these Section 305.8 of the Commission’s Rule Clothes washers ...... Mar. 1. revised DOE cost figures in connection Water heaters ...... May 1. Manufacturers no longer need to use Furnances ...... May 1. with the Appliance Labeling Rule are the DOE cost figures in complying with Room air conditioners ...... May 1. detailed in the Supplementary the data submission requirements of Pool Heaters ...... May 1. Information Section, below. section 305.8 of the rule. Pursuant to Dishwashers ...... June 1. FOR FURTHER INFORMATION CONTACT: Central air conditioners ...... July 1. recent amendments to the rule, which Heat pumps ...... July 1. James Mills, Attorney, 202–326–3035, were published on July 1, 1994 3 (with Division of Enforcement, Federal Trade Refrigerators ...... Aug. 1. extended compliance dates published Refrigerator-freezers ...... Aug. 1. Commission, Washington, DC 20580. on December 8, 1994),4 the estimated Freezers ...... Aug. 1. SUPPLEMENTARY INFORMATION: On annual operating cost is no longer the For Labeling and Catalog Sales of November 19, 1979, the Federal Trade primary energy usage descriptor for Products Covered by the Commission’s Commission issued a final rule in refrigerators, refrigerator-freezers, Rule response to a directive in section 324 of freezers, clothes washers, dishwashers, the Energy Policy and Conservation Act and water heaters. Under the The July 1, 1994, amendments will (‘‘EPCA’’), 42 U.S.C. 6201.2 The rule amendments, the energy usage and the require that labels for refrigerators, requires the disclosure of energy ranges of comparability for those refrigerator-freezers, freezers, clothes product categories must be expressed in washers, dishwashers, water heaters, 1 60 FR 1773. terms of estimated annual energy and room air conditioners contain a 2 44 FR 66466. Since its promulgation, the rule consumption (kilowatt-hour use per secondary energy usage disclosure in has been amended four times to include new product categories—central air conditioners (52 FR year for electricity, therms per year for terms of an estimated annual operating 46888, Dec. 10, 1987), fluorescent lamp ballasts (54 natural gas, or gallons per year for cost (labels for clothes washers and FR 1182, Jan. 12, 1989), certain plumbing products propane and oil). Thus, the 1995 (and dishwashers will show two such (58 FR 54955, Oct. 25, 1993), and certain lamp all subsequent) data submissions under secondary disclosures—one based on products (59 FR 25176, May 13, 1994). Obligations under the rule concerning fluorescent lamp ballasts, operation with water heated by natural lighting products, and plumbing products are not 3 59 FR 34014. gas, and one on operation with water affected by the cost figures in this notice. 4 59 FR 63688. heated by electricity). These secondary 9296 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations estimated annual operating cost must use the then-current DOE energy costs for energy in all operating cost disclosures must be based on the 1995 cost figures when they prepare new representations beginning May 18, 1995. DOE cost figures published in this labels in response to the new energy List of Subjects in 16 CFR Part 305 notice. The labels must also disclose, consumption ranges of comparability. under the secondary estimated annual When such new ranges are published, Advertising, Energy conservation, operating cost disclosure, the fact that the effective date for labeling new Household appliances, Labeling, the estimated annual operating cost is products will be ninety days after Reporting and recordkeeping based on the appropriate 1995 DOE publication of the ranges in the Federal requirements. energy cost figure. Manufacturers of the Register. As in the past, products that PART 305Ð[AMENDED] above-mentioned products must make have been properly labeled prior to the these disclosures on the labels required effective date of any range modification Accordingly, 16 CFR Part 305 is by the amendments and in catalogs need not be relabeled. amended as follows: beginning ninety days after the 1. The authority citation for part 305 Commission publishes new energy For Energy Cost Representations continues to read as follows: Respecting Products Covered by EPCA consumption ranges of comparability Authority: 42 U.S.C. 6294. based on the 1995 submissions required but Not by the Commission’s Rule 2. Section 305.9(a) is revised to read by § 305.8. They must continue to use Manufacturers of products covered by as follows: the 1995 DOE cost figures in the manner section 323(c) of EPCA, but not by the just described until the Commission § 305.9 Representative average unit Appliance Labeling Rule (clothes publishes new ranges of comparability energy costs. dryers, television sets, kitchen ranges based on future annual submissions of and ovens, and space heaters) must use (a) Table 1, below, contains the estimated annual energy consumption representative unit energy costs to be the 1995 representative average unit data. At that time, these manufacturers utilized for all requirements of this part. TABLE 1.ÐREPRESENTATIVE AVERAGE UNIT COSTS OF ENERGY FOR FIVE RESIDENTIAL ENERGY SOURCES (1995) Type of energy In common terms As required by DOE Dollars per test procedure million Btu 1 Electricity ...... 8.67¢/kWh 2 3 ...... $0.0867/kWh ...... $25.41 Natural Gas ...... 63.0¢/therm 4 or $6.49/ 0.00000630/Btu ...... 6.30 MCF 5 6. No. 2 heating oil ...... 1.008/gallon 7 ...... 0.00000727/Btu ...... 7.27 Propane ...... 0.985/gallon 8 ...... 0.00001079/Btu ...... 10.79 Kerosene ...... 1.094/gallon 9 ...... 0.00000810/Btu ...... 8.10 1 Btu stands for British thermal unit. 2 kWh stands for kilowatt hour. 3 1 kWh=3,412 Btu. 4 1 therm=100,000 Btu. Natural gas prices include taxes. 5 MCF stands for 1,000 cubic feet. 6 For the purposes of this table, 1 cubic foot of natural gas has an energy equivalence of 1,030 Btu. 7 For the purposes of this table, 1 gallon of No. 2 heating oil has an energy equivalence of 138,690 Btu. 8 For the purposes of this table, 1 gallon of liquid propane has an energy equivalance of 91,333 Btu. 9 For the purposes of this table, 1 gallon of kerosene has an energy equivalence of 135,000 Btu. * * * * * the function of the Dermatologic Drugs and Ophthalmic Drugs Advisory Donald S. Clark, Advisory Committee. This action is Committee (formerly the Dermatologic Secretary. being taken due to an administrative Drugs Advisory Committee). The [FR Doc. 95–4010 Filed 2–16–95; 8:45 am] transfer of functions for the committees function of the Anti-Infective Drugs BILLING CODE 6750±01±M in the review of human drug products Advisory Committee was revised in the for use in the treatment of ophthalmic charter renewal dated October 3, 1994. disorders. In this document, FDA is formally DEPARTMENT OF HEALTH AND EFFECTIVE DATE: February 17, 1995. changing the function of the committee. HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: FDA is also revising § 14.100(c)(6) to Donna M. Combs, Committee change the name and the function of the Food and Drug Administration Management Office (HFA–306), Food Dermatologic Drugs Advisory 21 CFR Part 14 and Drug Administration, 5600 Fishers Committee. The function of the Lane, Rockville, MD 20857, 301–443– committee has been amended to include Advisory Committees; Amendments 2765. the review of human drug products for AGENCY: Food and Drug Administration, SUPPLEMENTARY INFORMATION: use in the treatment of ophthalmic HHS. FDA is revising § 14.100(c)(2) (21 CFR disorders. The name was changed to ACTION: Final rule. 14.100(c)(2)) to remove the review of reflect the committee’s revised function. human drug products for use in the In the Federal Register of December 6, SUMMARY: The Food and Drug treatment of ophthalmic disorders from 1994 (59 FR 62734), FDA published a Administration (FDA) is amending the the function of the Anti-Infective Drugs notice of charter renewals dated October standing advisory committees’ Advisory Committee. The review of 3, 1994, for the Anti-Infective Drugs regulations to change the function of the human drug products for use in the Advisory Committee and the Anti-Infective Drugs Advisory treatment of ophthalmic disorders has Dermatologic and Ophthalmic Drugs Committee and to change the name and been transferred to the Dermatologic Advisory Committee. In that notice, the Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations 9297 agency stated that the name of the (ii) Function: Reviews and evaluates Act) authorizes HUD to insure Dermatologic Drugs Advisory available data concerning the safety and mortgages given to refinance existing Committee had been changed to the effectiveness of marketed and HUD-insured mortgages under any Dermatologic and Ophthalmic Drugs investigational human drug products for section or title of the Act. Due to Advisory Committee. In this document, use in the treatment of dermatologic and requirements of the Act, the HUD FDA is formally changing the name and ophthalmic disorders. regulations implementing Section the function of the committee. * * * * * 223(a)(7) limit the principal amount of Under the Administrative Procedure Dated: February 14, 1995. the refinanced mortgage to the amount Act (5 U.S.C. 553(b)(3) and (d)) and Linda A. Suydam, of the original insured mortgage. under 21 CFR 10.40(c)(4), (d), and (e), Interim Deputy Commissioner for Operations. Additionally, HUD’s implementing notice and public procedure and [FR Doc. 95–4196 Filed 2–16–95; 8:45 am] regulations had prohibited the delayed effective date on this regulation BILLING CODE 4160±01±F refinanced mortgage amount from are unnecessary and not in the public exceeding a stated percentage of the interest. The regulation relates to agency DEPARTMENT OF HOUSING AND Federal Housing Commissioner’s organization and procedure. URBAN DEVELOPMENT estimate of value of the project after Furthermore, the agency finds good completion of any repairs or cause to proceed to an immediately Office of the Assistant Secretary for improvements to the property. Unlike effective rule. It would be contrary to Housing-Federal Housing the original-value limitation noted the public interest to delay notice to the Commissioner above, this value criterion was not a public and embodiment in the statutory requirement. 24 CFR Parts 207, 213, 221, and 236 regulations of the administrative change The value criterion precluded many regarding review of information on [Docket No. R±95±1660; FR±3342±F±03] troubled projects from refinancing their HUD-insured mortgages, thus ophthalmic disorders by the RIN 2502±AG04 appropriately constituted advisory preventing them from lowering their committee. Deletion of Value Criterion in Section debt service payments and gaining a 223(a)(7) Refinancing sounder financial footing. Because List of Subjects in 21 CFR Part 14 Section 223(a)(7) mortgages are already Administrative practice and AGENCY: Office of the Assistant limited by the amount of the original procedure, Advisory committees, Color Secretary for Housing-Federal Housing insured mortgage, HUD felt the public additives, Drugs, Radiation protection. Commissioner, HUD. interest and HUD’s Insurance Fund Therefore, under the Federal Food, ACTION: Final rule. would be better served by allowing Drug, and Cosmetic Act and under these loans to be refinanced to take authority delegated to the Commissioner SUMMARY: Section 223(a)(7) of the advantage of lower interest rates. of Food and Drugs, 21 CFR part 14 is National Housing Act authorizes HUD Therefore, on October 26, 1993, HUD amended as follows: to insure mortgages given to refinance published an interim rule (58 FR 57558) existing HUD-insured mortgages. In the removing the value criterion from its PART 14ÐPUBLIC HEARING BEFORE past, HUD’s implementing regulations regulations implementing Section A PUBLIC ADVISORY COMMITTEE have prohibited the refinanced mortgage 223(a)(7). The effect of the interim rule amount from exceeding a stated was extended by a notice published on 1. The authority citation for 21 CFR percentage of the value of the property. October 26, 1994 (59 FR 53731). This part 14 continues to read as follows: This value criterion precluded some rule makes final the policies contained Authority: Secs. 201–903 of the Federal troubled projects from lowering their in the October 26, 1993, interim rule. Food, Drug, and Cosmetic Act (21 U.S.C. debt service payments and gaining a Comments on the October 26, 1993, 321–394; 21 U.S.C. 41–50, 141–149, 467f, more sound financial footing. On Interim Rule 679, 821, 1034; secs. 2, 351, 354, 361 of the October 26, 1993, HUD published an Public Health Service Act (42 U.S.C. 201, interim rule in the Federal Register By the expiration of the comment 262, 263b, 264); secs. 2–12 of the Fair deleting the value criterion from the period on the October 26, 1993, interim Packaging and Labeling Act (15 U.S.C. 1451– rule, HUD had received only two 1461); 5 U.S.C. App. 2; 28 U.S.C. 2112. HUD regulations implementing Section 223(a)(7), which was extended by a comments, both from the same 2. Section 14.100 is amended by notice published on October 26, 1994. commenter. revising paragraph (c)(2)(ii), the heading This rule makes final the policies The first comment addressed the of paragraph (c)(6), and paragraph contained in the October 26, 1993, backlog of applications languishing in (c)(6)(ii) to read as follows: interim rule. some HUD offices and requested that HUD Field Offices be notified that EFFECTIVE DATE: March 20, 1995. § 14.100 List of standing advisory Section 223(a)(7) refinancing committees. FOR FURTHER INFORMATION CONTACT: Jane applications already in process should * * * * * Luton, Acting Director, Policies and be given priority over those received (c) * * * Procedures Division, Department of after the effective date of the interim (2) * * * Housing and Urban Development, 451 rule. The preamble to the interim rule (ii) Function: Reviews and evaluates Seventh Street, SW., Room 6142, established processing priorities, in available data concerning the safety and Washington, DC 20410. Telephone order to better manage the increased effectiveness of marketed and number (202) 708–2556; and TDD (202) workload anticipated as a result of the investigational human drug products for 708–4594. (These are not toll-free rule change. Supplemental instructions use in the treatment of infectious numbers.) were provided to HUD Field Office staff diseases and disorders. SUPPLEMENTARY INFORMATION: and mortgagees through issuance of * * * * * HUD Notice H93–89 and Mortgagee (6) Dermatologic and Ophthalmic Background Letter 93–39, both dated November 24, Drugs Advisory Committee. Section 223(a)(7) of the National 1993, addressing processing priorities * * * * * Housing Act (12 U.S.C. 1715n(a)(7)) (the and other issues. Inasmuch as the 9298 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations priorities are no longer applicable, HUD subdivisions, or the relationship PART 207ÐMULTIFAMILY HOUSING has not adopted the comment in this between the Federal government and MORTGAGE INSURANCE final rule. the States, or on the distribution of The authority citation for part 207 is The interim rule’s preamble refers to power and responsibilities among the revised to read as follows: deletion of the 90 percent-of-value various levels of government. As a criterion. The commenter noted that result, the rule is not subject to review Authority: 12 U.S.C. 1701z–11(e), 1713, Section 223(a)(7) applications under the Order. The rule is limited to and 1715b; 42 U.S.C. 3535(d). refinancing loans insured pursuant to removing an unnecessary restriction on Dated: February 8, 1995. section 223(f) of the Act are subject to refinancing certain HUD-insured Jeanne K. Engel, an 85 percent-of-value limitation, in lieu mortgages at more favorable rates. General Deputy Assistant Secretary for of 90 percent. The commenter believed Housing-Federal Housing Commissioner. this could cause confusion and Executive Order 12606, The Family [FR Doc. 95–3975 Filed 2–16–95; 8:45 am] recommended that the rule explicitly BILLING CODE 4210±27±P eliminate the 85 percent loan-to-value The General Counsel, as the limitation. Although the specific Designated Official under Executive Order 12606, The Family, has language of the regulatory change is DEPARTMENT OF THE INTERIOR clear, HUD accepts the commenter’s determined that this rule does not have suggestion that the explanation of the potential for significant impact on Minerals Management Service change should be clarified to avoid family formation, maintenance, and confusion. Because there are also general well-being, and, thus, is not 30 CFR Part 250 instances (in 24 CFR 221.560(a)(1)(iii) subject to review under the Order. No and 24 CFR 236.40(b)(1)(iii)) where the significant change in existing HUD Notice of Interpretation Concerning the value criterion limited the maximum policies or programs would result from Burning of Liquid Hydrocarbons insurable mortgage amount to 100 promulgation of this rule, as those AGENCY: Minerals Management Service, percent-of-value in lieu of 90 percent or policies and programs relate to family Interior. concerns. 85 percent, HUD is revising the ACTION: Notice of interpretation. preamble simply to state that HUD is Regulatory Agenda deleting the value criterion in Section SUMMARY: This notice presents the 223(a)(7) refinancing. This rule was listed as sequence 1793 intention of the Minerals Management Service (MMS) to restrict the burning of Other Matters in HUD’s Semiannual Agenda of Regulations published on November 14, liquid hydrocarbons. Guidance on Regulatory Flexibility Act 1994 (59 FR 57632, 57654), under burning liquid hydrocarbons is The Secretary, in accordance with the Executive Order 12866 and the necessary because applicable Regulatory Flexibility Act (5 U.S.C. Regulatory Flexibility Act. regulations do not provide specific 605(b)), has reviewed this rule before direction on burning liquid publication and by approving it certifies List of Subjects hydrocarbons. EFFECTIVE DATE: that this rule does not have a significant 24 CFR Part 207 February 17, 1995. economic impact on a substantial FOR FURTHER INFORMATION CONTACT: number of small entities. The rule Manufactured homes, Mortgage Sharon Buffington, Engineering and deletes a counterproductive restriction insurance, Reporting and recordkeeping Standards Branch, telephone (703) 787– that unnecessarily limits the refinancing requirements, Solar energy. 1600. of certain HUD-insured mortgages. By SUPPLEMENTARY INFORMATION: Requests 24 CFR Part 213 removing this restriction, HUD hopes to to burn liquid hydrocarbons (crude oil avoid unnecessary defaults by viable Cooperatives, Mortgage insurance, and condensate) have recently become projects and resulting losses to HUD’s Reporting and recordkeeping more prevalent in the Outer Continental Insurance Fund. requirements. Shelf (OCS). The OCS Lands Act requires the Secretary of the Interior to Environmental Review 24 CFR Part 221 provide for the prevention of waste and In accordance with 40 CFR 1508.4 of conservation of the natural resources of the regulations of the Council on Low and moderate income housing, the OCS. Section 250.20(a) provides that Environmental Quality and 24 CFR Mortgage insurance, Reporting and lessees perform all operations in a safe 50.20 of the HUD regulations, the recordkeeping requirements. and workmanlike manner and maintain policies and procedures contained in 24 CFR Part 236 all equipment in a safe condition for the this rule relate only to the establishment protection of the lease and associated of loan limits and approval of mortgage Grant programs—housing and facilities, the health and safety of all refinancing under section 223(a)(7) of community development, Low and persons, and the preservation and the National Housing Act, and, moderate income housing, Mortgage conservation of property and the therefore, are categorically excluded insurance, Rent subsidies, Reporting environment. Conservation of property from the requirements of the National and recordkeeping requirements. and the environment requires that Environmental Policy Act. lessees not burn liquid hydrocarbons. Accordingly, the interim rule Therefore, it is the intention of MMS Executive Order 12612, Federalism published in the Federal Register on to prohibit the burning of liquid The General Counsel, as the October 26, 1993 (58 FR 57558), hydrocarbons unless the lessee Designated Official under section 6(a) of entitled, ‘‘Parts 207, 213, 221, and 236, demonstrates to the Regional Supervisor Executive Order 12612, Federalism, has Deletion of the 90–Percent-of-Value that the amount of liquid hydrocarbons determined that the policies contained Criterion in Section 223(a)(7) to be burned is minimal or the in this rule will not have substantial Refinancing’’, is adopted as final with alternatives are infeasible or pose a direct effects on States or their political the following change: significant risk to offshore personnel or Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations 9299 the environment. Therefore, lessees I. Introduction The proposal to grant the petition was must contact the appropriate MMS based upon EPA’s preliminary finding A. Statutory Authority Regional Supervisor prior to burning that BBP did not meet the listing criteria liquid hydrocarbons. This final rule is issued under section found in section 313(d) of EPCRA. It The MMS recognizes that the best 313(d) and (e)(1) of the Emergency was EPA’s belief that there was not way to provide restrictions on burning Planning and Community Right-to- sufficient evidence to demonstrate that liquid hydrocarbons is by rulemaking. Know Act of 1986 (EPCRA), 42 U.S.C. BBP causes or can reasonably be Therefore, MMS is issuing a proposed 11023. EPCRA is also referred to as Title anticipated to cause significant adverse rule under a separate Federal Register III of the Superfund Amendments and human health or environmental effects. Notice that will cover the restrictions on Reauthorization Act (SARA) of 1986 One concern which remained burning liquid hydrocarbons. (Pub. L. 99–499). following the initial review was the The proposed rule will also give the B. Background apparently widespread presence of BBP public the opportunity to comment on in the environment despite low Section 313 of EPCRA requires certain the restrictions on burning liquid anticipated release levels. Because of facilities manufacturing, processing, or hydrocarbons. this concern, EPA stated in the otherwise using listed toxic chemicals proposed rule that the delisting would Dated: December 23, 1994. to report their environmental releases of not be promulgated until the 1987 Toxic Bob Armstrong, such chemicals annually. Beginning Chemical Release Inventory (TRI) Assistant Secretary, Land and Minerals with the 1991 reporting year, such reports submitted pursuant to section Management. facilities must also report pollution 313 could be examined to confirm that [FR Doc. 95–3985 Filed 2–16–95; 8:45 am] prevention and recycling data for such there were no substantial releases of BILLING CODE 4310±MR±M chemicals, pursuant to section 6607 of BBP from covered facilities (see unit III. the Pollution Prevention Act (42 U.S.C. of this preamble). 13106). When enacted, section 313 Only one commenter, the Monsanto ENVIRONMENTAL PROTECTION established an initial list of toxic Company, responded to EPA’s proposal AGENCY chemicals that was comprised of more to delete BBP from the section 313 list than 300 chemicals and 20 chemical of toxic chemicals. The Monsanto 40 CFR Part 372 categories. Section 313(d) authorizes Company concurred with EPA’s EPA to add or delete chemicals from the proposed deletion but objected to the [OPPTS±400006A; FRL±4929±6] list, and sets forth criteria for these decision to delay promulgation until the actions. Under section 313(e)(1), any Butyl Benzyl Phthalate; Toxic 1987 TRI reports could be reviewed. person may petition EPA to add Based upon evaluation of the petition, Chemical Release Reporting; chemicals to or delete chemicals from available toxicity and exposure Community Right-to-Know the list. EPA has, from time-to-time, information, the review of the 1987 - AGENCY: Environmental Protection added and deleted chemicals from the 1992 TRI reports, and the comment, Agency (EPA). original statutory list. EPA affirms its determination that BBP EPA issued a statement of petition ACTION: Final rule. does not meet any of the toxicity criteria policy and guidance in the Federal listed in section 313(d). Therefore, EPA SUMMARY: EPA is granting a petition to Register of February 4, 1987 (52 FR is deleting BBP from the list of delete butyl benzyl phthalate (BBP) 3479), to provide guidance regarding the chemicals subject to reporting under from the list of toxic chemicals under recommended content and format for section 313 of EPCRA. section 313 of the Emergency Planning petitions. On May 23, 1991 (56 FR BBP also appears on the Priority and Community Right-to-Know Act 23703), EPA published guidance Pollutant List (PPL) of section 307 of the (EPCRA). By promulgating this rule, regarding the recommended content of Clean Water Act (33 U.S.C. 1317); EPA is relieving facilities of their petitions to delete individual members however, at this time EPA believes that obligation to report releases of BBP that of section 313 metal compound insufficient data preclude the derivation occurred during the 1994 calendar year categories. EPA has also published a of ambient water quality criteria for BBP and releases that will occur in the statement clarifying its interpretation of by the Agency. future. This relief applies only to the section 313(d)(2) criteria for adding This petition does not request that reporting requirements under section and deleting chemicals from the section any action be taken under any statutory 313 of EPCRA. 313 list (59 FR 61439, November 30, provision other than EPCRA section EFFECTIVE DATE: This rule is effective 1994). 313, and today’s rule should not be inferred as an action under any statutory February 17, 1995. II. Description of Petition and Proposed provision other than EPCRA section Response FOR FURTHER INFORMATION CONTACT: For 313. Each statute prescribes different specific information on this rule: Maria On January 12, 1987, EPA received standards for adding or deleting J. Doa, Petition Coordinator, Mail Code from the Monsanto Company a petition chemicals of pollutants from their 7408, Environmental Protection Agency, to delete BBP from the list of toxic respective list. Specifically, the deletion 401 M St., SW., Washington, DC 20460, chemicals subject to reporting under of BBP from the EPCRA section 313 list Telephone: 202–260–9592. For more section 313 of EPCRA. BBP was does not alter its regulatory status under information on EPCRA section 313: included on the original list of toxic other statutory provisions. Today’s rule Emergency Planning and Community chemicals when EPCRA was enacted. is based solely on the criteria in EPCRA Right-to-Know Hotline, Environmental On July 20, 1987, following a review section 313. Protection Agency, Mail Code 5101, 401 which consisted of a toxicity evaluation M St., SW., Washington, DC 20460, Toll and an exposure analysis, EPA proposed III. EPA’s Review of Butyl Benzyl free: 1–800–535–0202, In Virginia and to grant the petition to delete BBP from Phthalate Alaska, 703–412–9877 or Toll free TTD: the section 313 list by issuing a As discussed in the proposal, EPA 1–800–553–7672. proposed rule in the Federal Register preliminarily determined that BBP has SUPPLEMENTARY INFORMATION: (52 FR 27226). low toxicity with respect to human 9300 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations health, and moderate environmental BBP exhibits low toxicity for purposes facilities were made using recent stream toxicity. Under these circumstances, of EPCRA 313(d)(2)(B) listing decisions. flow data. Surface water concentrations EPA believes that it is appropriate to Accordingly, exposure consideration for the five highest releasers of BBP consider exposure in its listing will be factored in. EPA has no evidence ranged from 0.03 ppb to 1.0 ppb during decisions (see position set out in to indicate other potential human mean flow conditions, and from 0.2 ppb November 30, 1994 Federal Register toxicity. to 18.8 ppb during low flow conditions. cited above). Therefore, EPA’s review of 2. Environmental toxicity. As Only the 18.8 ppb value exceeds the BBP consisted of two main components: discussed in the proposal, EPA has Maximum Acceptable Toxicant a toxicity evaluation and a release and concluded that BBP is moderately but Concentrations (MATCs) for several exposure analysis. EPA has concluded not highly ecotoxic. There is low algal species. However, because the low that (1) human health effects from BBP concern for potential bioconcentration, flow conditions are only expected to are not expected to be significant for and the half-life for primary occur during one 7–day event in 10 purposes of section 313, and (2) BBP’s biodegradation of BBP is approximately years, EPA does not believe that this moderate environmental toxicity, 2 days, which indicates that the will result in adverse effects to the coupled with a low concern for substance should have low persistence environment. Efforts were made to persistence and bioaccumulation, does in the environment. check as many sites as feasible in not represent a significantly high level B. Release and Exposure Analysis addition to the five highest releasers, of risk for the purposes of section because moderate releases may lead to 313(d). Details of the review can be EPA has received and entered into the higher concentrations for streams with found in the proposed rule (52 FR section 313 TRI data base more than 100 less dilution. The surface water 27226) and in the document entitled reports per year for BBP for reporting concentrations for the stream found to ‘‘Hazard Assessment of n-Butyl Benzyl years 1987 to 1992. EPA examined these have potentially higher concentrations Phthalate’’ in the public docket. reports primarily for water releases, were estimated to be less than 2 ppb both directly to surface waters and during mean flow conditions, and less A. Toxicity Evaluation through Publicly Owned Treatment than 13 ppb for low flow conditions. 1. Human toxicity. At the time of Works (POTWs). For these years, from Again, although the low flow publication of the proposed rule, EPA 18 to 53 companies reported water concentrations may exceed the MATC had preliminarily placed BBP in EPA’s releases to POTWs and from 1 to 15 for certain algal species, the duration of weight-of-evidence cancer risk reported releases directly to surface exceedence is not expected to be assessment Category D (i.e., available water. For the releases to POTWs, EPA sufficient to result in significant adverse evidence inadequate to determine assumed (based on the physical and effects. human carcinogenic potential). EPA chemical characteristics of BBP) that Human exposure potential to BBP was later placed BBP in weight-of-evidence BBP releases are 90 percent removed in also examined. The aquatic Category C (i.e., a possible human wastewater treatment at the POTW concentrations at drinking water carcinogen based on limited evidence in before the final release to surface water. utilities under mean flow conditions are animals). EPA analyzed the 1987 reported expected to be below 1 ppb (i.e., less BBP’s classification is based upon a release data to estimate the surface than 1 microgram per liter). The two 1982 study conducted by the National water concentrations based upon mean largest release facilities are both on the Toxicology Program (NTP). Because of and low receiving stream flow data, Delaware River, and their combined serious flaws in this study, NTP has where available. Where stream flow data result (after accounting for treatment) is undertaken a second animal study to were unavailable, the POTW mean less than 0.7 ppb under mean flow evaluate the carcinogenicity of BBP. It effluent flow was used as a worst-case conditions. These concentrations are not was initially expected that results of this estimate. Where BBP releases were expected to result in significant adverse study would be available by 1994. EPA reported as a range (e.g., 1 to 499 lb/yr), effects in humans. has waited for a number of years for the the upper end of the release range was results of this study; however, there is used as a conservative estimate for IV. Conclusion of EPA’s Review currently no indication that the study purposes of this section 313 analysis. The hazard review conducted in 1987 will be completed and results made No firms were identified with a concluded that BBP has low toxicity available in the near future. Therefore, potential surface water concentration at with respect to human health and EPA has decided to take action on this or above the Lowest Effect moderate environmental toxicity. There petition at this time using the existing Concentration (LEC) for BBP of 110 ppb is no new data available which would cancer study. If the results of the NTP (chronic aquatic ecotoxicity) under cause EPA to change this assessment. study indicate that BBP can reasonably mean flow conditions. Under low flow EPA’s review of the 1987 and 1992 TRI be anticipated to cause cancer, EPA will conditions, two firms had a predicted reports for BBP uncovered no re-evaluate the chemical and may concentration of this magnitude (200 potentially significant releases at mean consider re-adding BBP to the section ppb for one firm, and an unquantifiable, flow conditions and only two 313 list of toxic chemicals. high concentration for the other site). potentially significant releases at low This reclassification resulted from The other 17 firms all had estimated flow conditions. EPA’s conclusion is further review of the existing evidence; surface water concentrations under low that these releases do not raise sufficient no new evidence has been found flow conditions of 30 ppb or less. concern about potential human or beyond that considered in EPA’s initial The release patterns from subsequent environmental exposures to warrant review of this petition to delete BBP years were similar, and thus the retention of BBP on the section 313 list. from the section 313 list. Therefore, EPA analyses using 1987 data were After reviewing available data and the continues to believe that, while the considered representative of subsequent comment on the proposed rule, EPA limited animal evidence available for years. To confirm this assumption, an continues to believe that BBP does not BBP suggests a possible carcinogenic additional exposure review was cause, nor can it reasonably be effect, the study providing this evidence conducted using 1992 release data (the anticipated to cause, the adverse human is flawed. Because of the flawed nature most current data available). Estimates health or environmental effects set forth of the study, EPA has concluded that of concentrations downstream from TRI in section 313(d). Accordingly, it is Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations 9301 appropriate to delete BBP from the list VI. Regulatory Assessment will be significantly affected. Because of toxic chemicals in EPCRA section Requirements the rule will result in cost savings to facilities, EPA certifies that small 313. A. Executive Order 12866 entities will not be significantly affected V. Effective Date Under Executive Order 12866 (58 FR by this rule. 51735, October 4, 1993), the Agency This action becomes effective upon C. Paperwork Reduction Act publication. Thus the last year in which must determine whether the regulatory This rule relieves facilities from facilities had to file a TRI report for BBP action is ‘‘significant’’ and therefore subject to the Office of Management and having to collect information on the use was 1994, covering releases and other Budget (OMB) and the requirements of and releases of BBP. Therefore, there activities that occurred in 1993. Section the Executive Order. Under section 3(f), were no information collection 313(d)(4) provides that ‘‘[a]ny revision’’ the order defines a ‘‘significant requirements for OMB to review under to the section 313 list of toxic chemicals regulatory action’’ as an action likely to the provisions of the Paperwork shall take effect on a delayed basis. EPA lead to a rule (1) Having an annual effect Reduction Act of 1980, 44 U.S.C. 3501 interprets this delayed effective date on the economy of $100 million or et seq. provision to apply only to actions that more, or adversely and materially List of Subjects in 40 CFR Part 372 add chemicals to the section 313 list. affecting a sector of the economy, For deletions, EPA may, in its productivity, competition, jobs, the Environmental protection, discretion, make such actions environment, public health or safety, or Community right-to-know, Reporting immediately effective. An immediate State, local, or tribal governments or and recordkeeping requirements, Toxic effective date is authorized, in these communities (also referred to as chemicals. circumstances, under 5 U.S.C. section ‘‘economically significant’’); (2) creating Dated: February 10, 1995. 553(d)(1) because a deletion from the serious inconsistency or otherwise Lynn R. Goldman, section 313 list relieves a regulatory interfering with an action taken or Assistant Administrator for Prevention, restriction. planned by another agency; (3) Pesticides and Toxic Substances. EPA believes that where the Agency materially altering the budgetary Therefore, 40 CFR part 372 is has determined, as it has with BBP, that impacts of entitlements, grants, user amended as follows: fees, or loan programs; or (4) raising a chemical does not satisfy any of the 1. The authority citation for part 372 novel legal or policy issues arising out criteria of section 313(d)(2)(A)–(C), no continues to read as follows: of legal mandates, the President’s purpose is served by requiring facilities priorities, or the principles set forth in Authority: 42 U.S.C. 11013 and 11028. to collect data or file TRI reports for that this Executive Order. Pursuant to the chemical, or, therefore, by leaving that terms of this Executive Order, EPA has § 372.65 [Amended] chemical on the section 313 list for any determined that this rule is not additional period of time. This ‘‘significant’’ and therefore not subject 2. Section 372.65(a) and (b) are construction of section 313(d)(4) is to OMB review. amended by removing the entire entry consistent with previous rules deleting for butyl benzyl phthalate under chemicals from the section 313 list. For B. Regulatory Flexibility Act paragraph (a) and removing the entire further discussion of the rationale for Under the Regulatory Flexibility Act CAS No. entry for 85–68–7 under immediate effective dates for EPCRA of 1980, EPA must conduct a small paragraph (b). section 313 delistings (see 59 FR 33205, business analysis to determine whether [FR Doc. 95–3937 Filed 2–16–95; 8:45 am] June 28, 1994). a substantial number of small entities BILLING CODE 6560±50±F 9302 Proposed Rules Federal Register Vol. 60, No. 33 Friday, February 17, 1995 This section of the FEDERAL REGISTER Washington, D.C. 20591; telephone an inspection to verify the proper contains notices to the public of the proposed (202) 267–3132. operation of the uplock latch of the air issuance of rules and regulations. The FOR FURTHER INFORMATION CONTACT: Mr. driven generator (ADG), and purpose of these notices is to give interested D. Michael Smith, Office of Rulemaking replacement of the uplock latch with a persons an opportunity to participate in the serviceable part, if necessary. This rule making prior to the adoption of the final (ARM–1), Federal Aviation rules. Administration, 800 Independence proposal would also require replacing Avenue, SW., Washington, D.C. 20591; the uplock assembly with a modified telephone (202) 267–7470. uplock assembly, and performing a DEPARTMENT OF TRANSPORTATION This notice is published pursuant to rigging inspection. This proposal is paragraphs (b) and (f) of § 11.27 of Part prompted by a report indicating that, Federal Aviation Administration 11 of the Federal Aviation Regulations upon operation of the manual release (14 CFR Part 11). system, the ADG did not deploy due to 14 CFR Chapter I failure of the shaft pin. The actions Issued in Washington, D.C. on February 6, 1995. specified by the proposed AD are [Summary Notice No. PR±95±1] intended to prevent failure of the shaft Donald P. Byrne, pin, which could lead to the inability of Petition for Rulemaking: Summary of Assistant Chief Counsel for Regulations. the pilot to manually deploy the ADG Petitions Received; Dispositions of Petitions for Rulemaking when necessary (i.e., when an airplane’s Petitions primary electrical power sources are lost Docket No.: 27956 and the ADG fails to deploy Petitioner: Air Line Pilots Association AGENCY: Federal Aviation automatically). Administration (FAA), DOT. Regulations Affected: 14 CFR appendixes I and J, part 121 DATES: Comments must be received by ACTION: Notice of petitions for Description of Rulechange Sought: To March 31, 1995. rulemaking received and of dispositions add procedural safeguards, including ADDRESSES: Submit comments in of prior petitions. notice and hearing requirements, for triplicate to the Federal Aviation Administration (FAA), Transport SUMMARY: Pursuant to FAA’s rulemaking pilots and other airline employees Airplane Directorate, ANM–103, provisions governing the application, accused of conduct that would bar Attention: Rules Docket No. 94–NM– processing, and disposition of petitions them from continuing in their 239–AD, 1601 Lind Avenue, SW., for rulemaking (14 CFR part 11), this occupations. Renton, Washington 98055–4056. notice contains a summary of certain Petitioner’s Reason for the Request: The Comments may be inspected at this petitions requesting the initiation of petitioner feels that the FAA’s location between 9:00 a.m. and 3:00 rulemaking procedures for the permanent ban regulation fails to p.m., Monday through Friday, except amendment of specified provisions of provide due process of law and should be modified to provide at least Federal holidays. the Federal Aviation Regulations and of The service information referenced in denials or withdrawals of certain the process accorded in a certificate revocation proceeding. the proposed rule may be obtained from petitions previously received. The Bombardier, Inc., Canadair, Aerospace purpose of this notice is to improve the [FR Doc. 95–4074 Filed 2–16–95; 8:45 am] Group, P.O. Box 6087, Station Centre- public’s awareness of, and participation BILLING CODE 4910±13±M ville, Montreal, Quebec H3C 3G9, in, this aspect of FAA’s regulatory Canada. This information may be activities. Neither publication of this examined at the FAA, Transport notice nor the inclusion or omission of 14 CFR Part 39 Airplane Directorate, 1601 Lind information in the summary is intended [Docket No. 94±NM±239±AD] Avenue, SW., Renton, Washington; or at to affect the legal status of any petition the FAA, Engine and Propeller or its final disposition. Airworthiness Directives; Bombardier Directorate, New York Aircraft DATES: Comments on petitions received Model CL±600±1A11 (CL±600), ±2A12 Certification Office, 10 Fifth Street, must identify the petition docket (CL±601), ±2B16 (CL±601±3A, ±3R), Third Floor, Valley Stream New York. number involved and must be received and ±2B19 (Regional Jet Series 100) FOR FURTHER INFORMATION CONTACT: April 18, 1995. Series Airplanes, Equipped with Wing Chan, Electronics Engineer, ADDRESSES: Send comments on any Sundstrand Air Driven Generator Systems and Equipment Branch, ANE– petition in triplicate to: Federal (ADG) Uplock Assembly 173, FAA, Engine and Propeller Aviation Administration, Office of the AGENCY: Federal Aviation Directorate, New York Aircraft Chief Counsel, Attn: Rules Docket No. Administration, DOT. Certification Office, 10 Fifth Street, llllll Third Floor, Valley Stream, New York , 800 Independence ACTION: Notice of proposed rulemaking 11581; telephone (516) 256–7511; fax Avenue, SW., Washington, D.C. 20591. (NPRM). The petition, any comments received, (516) 568–2716. and a copy of any final disposition are SUMMARY: This document proposes the SUPPLEMENTARY INFORMATION: filed in the assigned regulatory docket adoption of a new airworthiness and are available for examination in the directive (AD) that is applicable to Comments Invited Rules Docket (AGC–200), Room 915G, certain Bombardier Model CL–600– Interested persons are invited to FAA Headquarters Building (FOB 10A), 1A11, –2A12, –2B16, and –2B19 series participate in the making of the 800 Independence Ave., SW., airplanes. This proposal would require proposed rule by submitting such Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9303 written data, views, or arguments as A1601R–24–019, Revision ‘A’, dated misunderstand the legal effect of AD’s they may desire. Communications shall August 9, 1994 (for Model CL–600–2B19 on airplanes that are identified in the identify the Rules Docket number and series airplanes); Canadair Challenger applicability provision of the AD, but be submitted in triplicate to the address Service Bulletin 600–0638, dated April that have been altered or repaired in the specified above. All communications 25, 1994 (for Model CL–600–1A11 series area addressed by the AD. The FAA received on or before the closing date airplanes); and Canadair Challenger points out that all airplanes identified in for comments, specified above, will be Service Bulletin 601–0430, dated April the applicability provision of an AD are considered before taking action on the 25, 1994 (for Model CL–600–2A12 and legally subject to the AD. If an airplane proposed rule. The proposals contained –2B16 series airplanes). These service has been altered or repaired in the in this notice may be changed in light bulletins describe procedures for a one- affected area in such a way as to affect of the comments received. time inspection to verify the proper compliance with the AD, the owner or Comments are specifically invited on operation of the uplock latch of the operator is required to obtain FAA the overall regulatory, economic, ADG, and replacement of the uplock approval for an alternative method of environmental, and energy aspects of latch with a serviceable part, if the compliance with the AD, in accordance the proposed rule. All comments uplock latch cannot be activated. These with the paragraph of each AD that submitted will be available, both before service bulletins also describe provides for such approvals. A note has and after the closing date for comments, procedures for replacing the uplock been included in this notice to clarify in the Rules Docket for examination by assembly with a modified uplock this requirement. interested persons. A report assembly, and performing a rigging The FAA estimates that 194 airplanes summarizing each FAA-public contact inspection. Transport Canada Aviation of U.S. registry would be affected by this concerned with the substance of this classified these service bulletins as proposed AD, that it would take proposal will be filed in the Rules mandatory and issued Canadian approximately 6 work hours per Docket. airworthiness directive CF–94–14, dated airplane to accomplish the proposed Commenters wishing the FAA to September 7, 1994 (for Model CL–600– actions, and that the average labor rate acknowledge receipt of their comments 2B19 series airplanes); and Canadian is $60 per work hour. Required parts submitted in response to this notice airworthiness directive CF–94–13, dated would be supplied by the manufacturer must submit a self-addressed, stamped September 1, 1994 (for Model CL–600– at no cost to the operators. Based on postcard on which the following 1A11, –2A12, and –2B16 series these figures, the total cost impact of the statement is made: ‘‘Comments to airplanes); in order to assure the proposed AD on U.S. operators is Docket Number 94–NM–239–AD.’’ The continued airworthiness of these estimated to be $69,840, or $360 per postcard will be date stamped and airplanes in Canada. airplane. This airplane model is manufactured returned to the commenter. The total cost impact figure discussed in Canada and is type certificated for above is based on assumptions that no Availability of NPRMs operation in the United States under the operator has yet accomplished any of Any person may obtain a copy of this provisions of section 21.29 of the the proposed requirements of this AD NPRM by submitting a request to the Federal Aviation Regulations (14 CFR action, and that no operator would FAA, Transport Airplane Directorate, 21.29) and the applicable bilateral accomplish those actions in the future if ANM–103, Attention: Rules Docket No. airworthiness agreement. Pursuant to this AD were not adopted. 94–NM–239–AD, 1601 Lind Avenue, this bilateral airworthiness agreement, SW., Renton, Washington 98055–4056. the Transport Canada Aviation has kept The regulations proposed herein would not have substantial direct effects Discussion the FAA informed of the situation described above. The FAA has on the States, on the relationship Transport Canada Aviation, which is examined the findings of the Transport between the national government and the airworthiness authority for Canada, Canada Aviation, reviewed all available the States, or on the distribution of recently notified the FAA that an unsafe information, and determined that AD power and responsibilities among the condition may exist on certain action is necessary for products of this various levels of government. Therefore, Bombardier Model CL–600–1A11 (CL– type design that are certificated for in accordance with Executive Order 600), –2A12 (CL–601), –2B16 (CL–601– operation in the United States. 12612, it is determined that this 3A, –3R), and –2B19 (Regional Jet Series Since an unsafe condition has been proposal would not have sufficient 100) series airplanes, equipped with a identified that is likely to exist or federalism implications to warrant the certain Sundstrand air driven generator develop on other airplanes of the same preparation of a Federalism Assessment. (ADG) uplock assembly. Transport type design registered in the United For the reasons discussed above, I Canada Aviation advises that, upon States, the proposed AD would require certify that this proposed regulation (1) operation of the manual release system, a one-time inspection to verify the is not a ‘‘significant regulatory action’’ the air driven generator (ADG) did not proper operation of the uplock latch of under Executive Order 12866; (2) is not deploy. Investigation has revealed that the ADG, and replacement of the uplock a ‘‘significant rule’’ under the DOT the cause of this failure has been latch with a serviceable part, if the Regulatory Policies and Procedures (44 attributed to a broken shaft pin in the uplock latch cannot be activated. The FR 11034, February 26, 1979); and (3) if ADG uplock assembly. Failure of the proposed AD would also require promulgated, will not have a significant shaft pin could lead to the inability of replacing the uplock assembly with a economic impact, positive or negative, the pilot to manually deploy the ADG modified uplock assembly, and on a substantial number of small entities when necessary (i.e., when an airplane’s performing a rigging inspection. The under the criteria of the Regulatory primary electrical power sources are lost actions would be required to be Flexibility Act. A copy of the draft and the ADG fails to deploy accomplished in accordance with the regulatory evaluation prepared for this automatically). If this were to occur, all service bulletins described previously. action is contained in the Rules Docket. electrical power on the airplane would As a result of recent communications A copy of it may be obtained by be lost. with the Air Transport Association contacting the Rules Docket at the Bombardier has issued Canadair (ATA) of America, the FAA has learned location provided under the caption Regional Jet Alert Service Bulletin S.B. that, in general, some operators may ‘‘ADDRESSES.’’ 9304 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules List of Subjects in 14 CFR Part 39 N 721863B: Accomplish paragraphs (a)(1), Issued in Renton, Washington, on February (a)(2), and (a)(3), in accordance with 13, 1995. Air transportation, Aircraft, Aviation Canadair Alert Service Bulletin S.B. 1601R– safety, Safety. S.R. Miller, 24–019, Revision ‘A’, dated August 9, 1994. Acting Manager, Transport Airplane The Proposed Amendment (1) Within 600 flight hours after the Directorate, Aircraft Certification Service. effective date of this AD, perform an [FR Doc. 95–4002 Filed 2–16–95; 8:45 am] Accordingly, pursuant to the inspection to verify the proper operation of authority delegated to me by the the uplock latch of the ADG, in accordance BILLING CODE 4910±13±U Administrator, the Federal Aviation with the Accomplishment Instructions of the Administration proposes to amend part service bulletin. If the uplock latch cannot be 39 of the Federal Aviation Regulations activated, prior to further flight, replace the 14 CFR Part 39 (14 CFR part 39) as follows: uplock latch with a serviceable part in [Docket No. 94±NM±189±AD] accordance with the service bulletin. PART 39ÐAIRWORTHINESS (2) Within 12 months after the effective Airworthiness Directives; Jetstream DIRECTIVES date of this AD, replace the uplock assembly Model 4101 Airplanes with a modified uplock assembly, in 1. The authority citation for part 39 accordance with the Accomplishment AGENCY: Federal Aviation continues to read as follows: Instructions of the service bulletin. Administration, DOT. Authority: 49 U.S.C. App. 1354(a), 1421 (3) After accomplishment of paragraph ACTION: Notice of proposed rulemaking and 1423; 49 U.S.C. 106(g); and 14 CFR (a)(1) or (a)(2) of this AD, perform a rigging (NPRM). 11.89. inspection in accordance with the Accomplishment Instructions of the service SUMMARY: § 39.13 [Amended] This document proposes the bulletin. adoption of a new airworthiness 2. Section 39.13 is amended by (b) For Model CL–600–2A12, CL–2B16, directive (AD) that is applicable to adding the following new airworthiness and CL–600–1A11 series airplanes: certain Jetstream Model 4101 airplanes. Accomplish paragraphs (b)(1), (b)(2), and directive: This proposal would require an (b)(3), in accordance with Canadair Service Bombardier Inc. (Formerly Canadair): inspection to determine if a travel stop Docket 94–NM–239–AD. Bulletin 600–0638, dated April 25, 1994 (for Model CL–600–1A11 series airplanes), or (screw) is installed at the flight control Applicability: Model CL–600–1A11 (CL– Canadair Service Bulletin 601–0430, dated assembly, and various follow-on 600) series airplanes, serial numbers 1004 April 25, 1994 (for Model CL–600–2A12 and actions. This proposal is prompted by a through 1085 inclusive; Model CL–600–2A12 –2B15 series airplanes), as applicable. report of failure of the travel stop, which (CL–601) series airplanes, serial numbers 3001 through 3066 inclusive; Model CL–600– (1) Within 150 flight hours after the allowed the elevator and aileron 2B16 (CL–601–3A, –3R) series airplanes, effective date of this AD, perform an disconnect handles to rotate within the serial numbers 5001 through 5150 inclusive; inspection to verify the proper operation of housing due to migration of the travel Model CL–500–2B19 (Regional Jet Series 100) the uplock latch of the ADG, in accordance stop from its position. The actions series airplanes, serial numbers 7003 through with the Accomplishment Instructions of the specified by the proposed AD are 7040 inclusive; equipped with Sundstrand applicable service bulletin. If the uplock intended to prevent such migration, air driven generator (ADG) uplock assembly latch cannot be activated, prior to further which could result in the elevator and having part number 721863, 721863A, or flight, replace the uplock latch with a aileron disconnect system resetting 721863B; certificated in any category. serviceable part, in accordance with the applicable service bulletin. without the use of the reset button; this Note 1: This AD applies to each airplane condition could lead to jamming of the identified in the preceding applicability (2) Within 12 months after the effective provision, regardless of whether it has been date of this AD, replace the uplock assembly disconnect handles. modified, altered, or repaired in the area with a modified uplock assembly, in DATES: Comments must be received by subject to the requirements of this AD. For accordance with the Accomplishment March 31, 1995. airplanes that have been modified, altered, or Instructions of the applicable service ADDRESSES: Submit comments in repaired so that the performance of the bulletin. triplicate to the Federal Aviation requirements of this AD is affected, the (3) After accomplishment of paragraph Administration (FAA), Transport owner/operator must use the authority (b)(1) or (b)(2) of this AD, perform a rigging provided in paragraph (c) to request approval inspection in accordance with the Airplane Directorate, ANM–103, from the FAA. This approval may address Accomplishment Instructions of the Attention: Rules Docket No. 94–NM– either no action, if the current configuration applicable service bulletin. 189–AD, 1601 Lind Avenue, SW., eliminates the unsafe condition; or different (c) An alternative method of compliance or Renton, Washington 98055–4056. actions necessary to address the unsafe adjustment of the compliance time that Comments may be inspected at this condition described in this AD. Such a provides an acceptable level of safety may be location between 9:00 a.m. and 3:00 request should include an assessment of the used if approved by the Manager, New York p.m., Monday through Friday, except effect of the changed configuration on the Aircraft Certification Office (ACO), FAA, Federal holidays. unsafe condition addressed by this AD. In no Engine and Propeller Directorate. Operators The service information referenced in case does the presence of any modification, shall submit their requests through an alteration, or repair remove any airplane from the proposed rule may be obtained from appropriate FAA Principal Maintenance the applicability of this AD. Jetstream Aircraft, Inc., P.O. Box 16029, Inspector, who may add comments and then Dulles International Airport, Compliance: Required as indicated, unless send it to the Manager, New York ACO. accomplished previously. Washington, DC 20041–6029. This Note 2: Information concerning the To prevent failure of the shaft pin, which information may be examined at the could lead to the inability of the pilot to existence of approved alternative methods of FAA, Transport Airplane Directorate, manually deploy the air driven generator compliance with this AD, if any, may be 1601 Lind Avenue, SW., Renton, obtained from the New York ACO. (ADG) when necessary (i.e., when an Washington. airplane’s primary electrical power sources (d) Special flight permits may be issued in FOR FURTHER INFORMATION CONTACT: are lost and the ADG fails to deploy accordance with sections 21.197 and 21.199 Sam automatically), accomplish the following: of the Federal Aviation Regulations (14 CFR Grober, Aerospace Engineer, (a) For Model CL–600–2B19 (Regional Jet 21.197 and 21.199) to operate the airplane to Standardization Branch, ANM–113, Series 100) series airplanes equipped with a location where the requirements of this AD FAA, Transport Airplane Directorate, Sundstrand ADG uplock assembly having P/ can be accomplished. 1601 Lind Avenue, SW., Renton, Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9305 Washington 98055–4056; telephone travel stop screws are retained against airplane to accomplish the proposed (206) 227–1187; fax (206) 227–1320. vibration (which could cause them to actions, and that the average labor rate become loose) by means of a screw is $60 per work hour. Required parts SUPPLEMENTARY INFORMATION: locking insert. Migration of the travel would be supplied by the manufacturer Comments Invited stop, if not corrected, could result in the at no cost to the operators. Based on Interested persons are invited to elevator and aileron disconnect system these figures, the total cost impact of the participate in the making of the resetting without the use of the reset proposed AD on U.S. operators is proposed rule by submitting such button; this condition could lead to estimated to be $3,360, or $240 per written data, views, or arguments as jamming of the disconnect handles. airplane. they may desire. Communications shall Jetstream has issued Service Bulletin The total cost impact figure discussed identify the Rules Docket number and J41–27–036, dated September 2, 1994, above is based on assumptions that no be submitted in triplicate to the address which describes procedures for: operator has yet accomplished any of 1. Performing an inspection to specified above. All communications the proposed requirements of this AD determine if a travel stop (screw) is received on or before the closing date action, and that no operator would installed at the flight control assembly; for comments, specified above, will be accomplish those actions in the future if 2. Installing a new travel stop, if no considered before taking action on the this AD were not adopted. proposed rule. The proposals contained travel stop is found installed; in this notice may be changed in light 3. Performing a rotation to determine The regulations proposed herein of the comments received. the security of the travel stop, if a travel would not have substantial direct effects Comments are specifically invited on stop is installed; on the States, on the relationship the overall regulatory, economic, 4. Performing an inspection to detect between the national government and environmental, and energy aspects of damage, if the travel stop is found to be the States, or on the distribution of the proposed rule. All comments loose; and replacing the travel stop with power and responsibilities among the submitted will be available, both before a new travel stop, if damage is found; various levels of government. Therefore, and after the closing date for comments, 5. Applying Loctite Superfast 290 to in accordance with Executive Order in the Rules Docket for examination by the travel stop; 12612, it is determined that this interested persons. A report 6. Permanently marking the flight proposal would not have sufficient summarizing each FAA-public contact control assembly; and federalism implications to warrant the concerned with the substance of this 7. Performing a functional test of the preparation of a Federalism Assessment. aileron and elevator disconnect systems proposal will be filed in the Rules For the reasons discussed above, I and setting them to the locked position. Docket. certify that this proposed regulation (1) Commenters wishing the FAA to The service bulletin also describes procedures for an optional installation is not a ‘‘significant regulatory action’’ acknowledge receipt of their comments under Executive Order 12866; (2) is not submitted in response to this notice of a protective spiral wrap cover. The CAA classified the service bulletin as a ‘‘significant rule’’ under the DOT must submit a self-addressed, stamped Regulatory Policies and Procedures (44 postcard on which the following mandatory. This airplane model is manufactured FR 11034, February 26, 1979); and (3) if statement is made: ‘‘Comments to promulgated, will not have a significant Docket Number 94–NM–189–AD.’’ The in the United Kingdom and is type certificated for operation in the United economic impact, positive or negative, postcard will be date stamped and on a substantial number of small entities returned to the commenter. States under the provisions of section 21.29 of the Federal Aviation under the criteria of the Regulatory Availability of NPRMs Regulations (14 CFR 21.29) and the Flexibility Act. A copy of the draft regulatory evaluation prepared for this Any person may obtain a copy of this applicable bilateral airworthiness action is contained in the Rules Docket. NPRM by submitting a request to the agreement. Pursuant to this bilateral A copy of it may be obtained by FAA, Transport Airplane Directorate, airworthiness agreement, the CAA has contacting the Rules Docket at the ANM–103, Attention: Rules Docket No. kept the FAA informed of the situation location provided under the caption 94–NM–189–AD, 1601 Lind Avenue, described above. The FAA has ADDRESSES. SW., Renton, Washington 98055–4056. examined the findings of the CAA, reviewed all available information, and List of Subjects in 14 CFR Part 39 Discussion determined that AD action is necessary The Civil Aviation Authority (CAA), for products of this type design that are Air transportation, Aircraft, Aviation which is the airworthiness authority for certificated for operation in the United safety, Safety. the United Kingdom, recently notified States. The Proposed Amendment the FAA that an unsafe condition may Since an unsafe condition has been exist on certain Jetstream Model 4101 identified that is likely to exist or Accordingly, pursuant to the airplanes. The CAA advises that a report develop on other airplanes of the same authority delegated to me by the has been received indicating that a type design registered in the United Administrator, the Federal Aviation screw, which is used as the travel stop States, the proposed AD would require Administration proposes to amend part in both the elevator and aileron an inspection to determine if a travel 39 of the Federal Aviation Regulations disconnect handles, had migrated out of stop (screw) is installed at the flight (14 CFR part 39) as follows: their position. This allowed the elevator control assembly, and various follow-on and aileron disconnect control handles actions. The actions would be required PART 39ÐAIRWORTHINESS to rotate within its housing. Such to be accomplished in accordance with DIRECTIVES rotation bypassed the operation of the the service bulletin described ratchet assembly and allowed the previously. 1. The authority citation for part 39 elevator and aileron disconnect system The FAA estimates that 14 airplanes continues to read as follows: to reset without the use of the reset of U.S. registry would be affected by this Authority: 49 U.S.C. App. 1354(a), 1421 button. The cause of this migration is proposed AD, that it would take and 1423; 49 U.S.C. 106(g); and 14 CFR unknown at this time; normally, the approximately 4 work hours per 11.89. 9306 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules § 39.13 [Amended] Note 2: Procedures for installing a received after that date will be 2. Section 39.13 is amended by protective spiral wrap cover are contained in considered to the extent practicable. Jetstream Service Bulletin J41–27–036, dated adding the following new airworthiness ADDRESSES: September 2, 1994. This installation is All written, signed directive: recommended, but is not required by this comments should refer to the docket Jetstream Aircraft Limited: Docket 94–NM– AD. number that appears at the top of this 189–AD. (c) An alternative method of compliance or document and should be submitted to Applicability: Model 4101 airplanes, adjustment of the compliance time that Federal Highway Administration, Office constructors numbers 41004 through 41039 provides an acceptable level of safety may be of the Chief Counsel, Room 4232, HCC– inclusive, certificated in any category. used if approved by the Manager, 10, 400 Seventh Street, SW., Note 1: This AD applies to each airplane Standardization Branch, ANM–113, FAA, Washington, D.C. 20590. All comments identified in the preceding applicability Transport Airplane Directorate. Operators received will be available for provision, regardless of whether it has been shall submit their requests through an examination at the above address modified, altered, or repaired in the area appropriate FAA Principal Maintenance Inspector, who may add comments and then between 8:30 a.m. and 3:30 p.m., e.t., subject to the requirements of this AD. For Monday through Friday, except Federal airplanes that have been modified, altered, or send it to the Manager, Standardization repaired so that the performance of the Branch, ANM–113. holidays. Those desiring notification of requirements of this AD is affected, the Note 3: Information concerning the receipt of comments must include a self- owner/operator must use the authority existence of approved alternative methods of addressed, stamped postcard. provided in paragraph (c) to request approval compliance with this AD, if any, may be FOR FURTHER INFORMATION CONTACT: Jerry from the FAA. This approval may address obtained from the Standardization Branch, L. Poston, Office of Engineering, 202– either no action, if the current configuration ANM–113. 366–0450, or Wilbert Baccus, Office of eliminates the unsafe condition; or different (d) Special flight permits may be issued in the Chief Counsel, 202–366–0780, actions necessary to address the unsafe accordance with sections 21.197 and 21.199 condition described in this AD. Such a FHWA, 400 Seventh Street, SW., of the Federal Aviation Regulations (14 CFR Washington, D.C. 20590. Office Hours request should include an assessment of the 21.197 and 21.199) to operate the airplane to effect of the changed configuration on the a location where the requirements of this AD are from 7:45 a.m. to 4:15 p.m., e.t., unsafe condition addressed by this AD. In no can be accomplished. Monday through Friday except Federal case does the presence of any modification, Issued in Renton, Washington, on February holidays. alteration, or repair remove any airplane from 13, 1995. SUPPLEMENTARY INFORMATION: The the applicability of this AD. S.R. Miller, initiation of work for transportation Compliance: Required as indicated, unless Acting Manager, Transport Airplane projects funded under the Federal-aid accomplished previously. highway program is a two-step process. To prevent jamming of the elevator and Directorate, Aircraft Certification Service. aileron disconnect handles, accomplish the [FR Doc. 95–4003 Filed 2–16–95; 8:45 am] First, the State, in cooperation and following: BILLING CODE 4910±13±U consultation with local officials, as (a) Within 600 flight hours after the appropriate, through the metropolitan effective date of this AD, or within 6 months and statewide planning process, after the effective date of this AD, whichever Federal Highway Administration determines activities which will be occurs first, perform an inspection to advanced with Federal funds made determine if a travel stop (screw) is installed 23 CFR Part 630 available under title 23, United States at the flight control assembly, in accordance Code, and the Federal Transit Act (49 with Jetstream Service Bulletin J41–27–036, [FHWA Docket No. 94±30] dated September 2, 1994. U.S.C. 5301–5338) and develops a RIN 2125±AD40 (1) If no travel stop is found to be installed, statewide program of projects for these activities. Prior to passage of the ISTEA, prior to further flight, install a new travel Federal-Aid Project Authorization stop in accordance with the service bulletin. the requirements for developing the After installation, accomplish paragraph AGENCY: Federal Highway program of projects were found in 23 (a)(2) of this AD. Administration (FHWA), DOT. U.S.C. 105 and the implementing (2) If such a travel stop is installed, prior ACTION: Notice of proposed rulemaking regulations in 23 CFR 630, subpart A. to further flight, perform a rotation to With passage of the ISTEA, title 23, determine the security of the travel stop, in (NPRM). accordance with the service bulletin. U.S.C., was modified and the new SUMMARY: The FHWA proposes to requirements concerning development (i) If the travel stop is found to be properly amend its regulation on Federal-aid secured, no further action is required by of a program of projects, now referred to paragraph (a) of this AD. program approval and project as the Statewide transportation (ii) If the travel stop is found to be loose, authorization. In light of changes made improvement program, are contained in prior to further flight, remove it and perform by the Intermodal Surface 23 U.S.C. 135. The implementing an inspection to detect damage in accordance Transportation Efficiency Act of 1991 regulation for this section are at 23 CFR with the service bulletin. If any damage is (ISTEA) in the area of statewide 450 and were initiated through previous found, replace the travel stop with a new planning, and the joint FHWA/Federal travel stop, in accordance with the service rulemaking actions. Transit Administration (FTA) Accordingly, those requirements bulletin. After replacement, repeat the regulations implementing those requirements of paragraph (a)(2) of this AD. pertaining to a program of projects in 23 (b) After accomplishment of paragraph (a) changes, this NPRM proposes to remove CFR 630, subpart A, no longer need to of this AD, prior to further flight, accomplish all other project programming be retained. The FHWA therefore paragraphs (b)(1), (b)(2), and (b)(3) of this AD, provisions from the FHWA’s proposes to eliminate §§ 630.106, in accordance with Jetstream Service Bulletin regulations. This NPRM would also 630.108, 630.110 and 630.112 along J41–27–036, dated September 2, 1994. provide more flexible funding with inappropriate programming (1) Apply Loctite Superfast 290 to the arrangements and make the Federal-aid references from the existing regulation. travel stop; authorization process more flexible. The second step in initiation of work (2) Permanently mark the flight control Changes contained in related laws are assembly; and is the project authorization process. The (3) Perform a functional test of the aileron included. State highway agency (SHA) requests and elevator disconnect systems and set them DATES: Written comments are due on or FHWA authorization to proceed with a to the locked position. before April 18, 1995. Comments proposed Federal-aid highway project. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9307 The FHWA authorization commits the incurred after the date the FHWA has Federal-aid projects. Donations of Federal Government to participate in authorized the State to proceed with the private cash contributions for a specific the funding of a project, except in those project. However, exceptions to this Federal-aid project reduce the cost instances where the State requests requirement have been allowed under a incurred; therefore, the private funds FHWA authorization without the process set forth in 23 CFR 1.9(b). For cannot be used to reduce the required commitment of Federal funds. In informational purposes, wording has State match. Private cash contributions addition, FHWA authorization also been included in paragraph (b) to can be applied to either eligible or establishes a point in time after which identify and cross reference the ineligible items of work. However, when costs incurred on a project are eligible exception process. a private cash contribution is applied to for Federal participation. Requirements Paragraphs (c), (d) and (e) would costs eligible for Federal participation, covering project authorization are also retain the requirement that at the time the private cash contribution is contained in 23 CFR 630, subpart A. a Federal-aid project is authorized, the considered to have reduced the cost of The FHWA proposes to modify certain appropriate Federal funds for this the project and thus reduced the cost of these requirements, both for project must be available. Five general incurred by the State. clarification and to provide the SHA a categories for exceptions to this rule are On the other hand, if a private cash greater degree of flexibility on certain presented, these being the same five contribution is made to a State or local funding arrangements. These categories that are in the existing government with no designation to a modifications are discussed in the regulation. specific project, then the private cash following section-by-section analysis. Paragraph (f) is new and would be contribution can be treated as funds of added for purposes of clarification. The the State or local government and may Section-By-Section Analysis FHWA authorization represents a be used in any way State or local funds Section 630.102 Purpose contractual action by the FHWA and the are authorized to be used, including Federal share of eligible costs must be The statement of purpose would be providing State match on Federal-aid agreed upon when the authorization projects. revised to eliminate the reference to occurs. The Federal share may be in the Contributions of funds from other programming of projects since this form of a specified percentage of eligible Federal agencies to a specific project are activity would be eliminated from this costs or a lump sum amount. Use of the for the most part treated similarly to subpart. lump sum share is a relatively new private cash donations. These other concept and is introduced to Section 630.104 Applicability Federal agency funds may not be used accommodate those instances where to provide the required State match on The existing § 630.104, Definitions, there is a desire to commit a fixed a Federal-aid project but, instead, are would be replaced with a new section amount of Federal funds to a project. viewed as having reduced the cost to identify the types of projects that are The lump sum amount may not exceed incurred by the State on the project. The covered by this subpart. FHWA the legal pro rata share for the Federal planning and research funds, as defined funds involved. This may require only exception is in those cases where in 23 CFR 420.103, are authorized using downward adjustment of the lump sum the other Federal agency has specific the procedures in the regulations amount when costs of eligible work on legislative authority to use its funds to dealing specifically with these types of a project are less than the initial match other Federal funds. projects. At times, certain special estimates at the time of FHWA Paragraph (h) is new and would funding categories may have unique authorization. require that all contributions to a project authorization requirements and these The Federal share agreed to at FHWA be accounted for and properly credited types of projects are authorized as set authorization would continue through to the project. The sum of cash out in implementing instructions or the life of the project. Manipulation of contributions from all sources plus the regulations. funding levels of individual projects to Federal funds may not exceed the total accommodate program funding changes cost of the project. Section 630.106 Authorization to Paragraph (i) is new and would Proceed or needs would not be allowed. However, adjustments to the Federal incorporate into the regulation the Current § 630.106, Policy, would be share would be permitted for projects in provision in 23 U.S.C. 120(i) that allows removed. A new § 630.106, situations where bid prices are the State to contribute more than the Authorization to proceed, would be significantly different from the estimates normal State match on a Federal-aid redesignated from current § 630.114 at the time of FHWA authorization. project. This provision has been covering the authorization process. It Paragraph (g) is new and would interpreted to mean that a State may retains many of the basic principles set incorporate the cost sharing principles overmatch without being tied to a forth in existing § 630.114. However, of title 23, U.S.C., into the regulation. mandatory Federal share. However, there are modifications to provide For Federal-aid projects, the Federal token financing, such as when the greater flexibility in some funding areas share of eligible costs incurred by the Federal share represents only a minor and additions for clarification. The State cannot exceed the maximum share percentage of eligible work or when following discussion covers proposed permitted by legislation. There is an large contributions are applied to the § 630.106 by individual paragraph. agreed to Federal share of eligible costs project to reduce the total cost, would Paragraph (a) would retain the and the non-Federal share of eligible not be permitted. As a general rule of requirement that FHWA authorization costs must come from State funds (State thumb, it would be expected that the to proceed with a Federal-aid project match). Local government funds are amount of Federal funds requested will will only be given in response to a considered to be State funds. Thus, local represent at least 50 percent of eligible request from the SHA, and then only if government funds can be combined project costs. Exceptions to the 50 the applicable requirements in law have with SHA funds to cover the required percent level should be based on sound been satisfied for the project. State match of eligible costs. project development or management Paragraph (b) would retain the Cash contributions from private reasons. longstanding requirement that Federal- sources are a different matter. FHWA The following table is provided to aid funds will only participate in costs participates in costs incurred on assist the user in locating regulatory 9308 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules paragraph changes proposed by this simplify procedures used by SHA’s in Issued on: February 10, 1995. rulemaking: accordance with existing laws, Rodney E. Slater, regulations, or guidance. Federal Highway Administrator. Old Section New section Executive Order 12612 (Federalism PART 630ÐPRECONSTRUCTION 630.102 ...... 630.102 Assessment) PROCEDURES 630.104 ...... Removed None ...... 630.104 This action has been analyzed in Subpart AÐFederal-Aid Project 630.106 ...... Removed accordance with the principles and Authorization 630.108 ...... Removed criteria contained in Executive Order Sec. 630.110 ...... Removed 630.102 Purpose. 630.112 ...... Removed 12612, and it has been determined that 630.114(b) ...... 630.106(a) this action does not have sufficient 630.104 Applicability. 630.114(g) ...... 630.106(b) federalism implications to warrant the 630.106 Authorization to proceed. 630.114(h) ...... 630.106(c) preparation of a federalism assessment. Authority: 23 U.S.C. 106, 118, 120, and 630.114(h)(3) .... 630.106(d) 315; 49 CFR 1.48(b). 630.114(h)(3) .... 630.106(e) Executive Order 12372 None ...... 630.106(f) through (i) (Intergovernmental Review) § 630.102 Purpose. The purpose of this subpart is to Rulemaking Analyses and Notices Catalog of Federal Domestic prescribe policies for authorizing Assistance Program Number 20.205, Federal-aid projects. All comments received before the Highway Planning and Construction. close of business on the comment § 630.104 Applicability. closing date indicated above will be The regulations implementing Executive Order 12372 regarding (a) This subpart is applicable to all considered and will be available for Federal-aid projects unless specifically examination in the docket at the above intergovernmental consultation on Federal programs and activities apply to exempted. address. Comments received after the (b) Projects financed with FHWA this program. comment closing date will be filed in planning and research funds, as defined the docket and will be considered to the Paperwork Reduction Act in 23 CFR 420.103 are not covered by extent practicable, but the FHWA may this subpart. These projects are to be issue a final rule at any time after the This action does not contain a handled in accordance with 23 CFR close of the comment period. In collection of information requirement parts 420 and 450. addition to late comments, the FHWA for purposes of the Paperwork (c) Other projects which involve will also continue to file relevant Reduction Act of 1980, 44 U.S.C. 3501– special procedures shall be authorized information in the docket as it becomes 3520. as set out in the implementing available after the comment closing instructions. date, and interested persons should National Environmental Policy Act continue to examine the docket for new § 630.106 Authorization to proceed. The Agency has analyzed this action material. (a) The FHWA issuance of an for the purpose of the National authorization to proceed with a Federal- Executive Order 12866 (Regulatory Environmental Policy Act of 1969 (42 aid project shall be in response to a Planning and Review) and DOT U.S.C. 4321 et. seq.) and has determined written request from the State highway Regulatory Policies and Procedures that this action would not have any agency (SHA). Authorization can be The FHWA has determined that this effect on the quality of the environment. given only after applicable prerequisite action is not a significant regulatory Regulation Identification Number requirements of Federal laws and action within the meaning of Executive implementing regulations and directives Order 12866 or significant within the A regulation identification number have been satisfied. meaning of Department of (RIN) is assigned to each regulatory (b) Federal funds shall not participate Transportation regulatory policies and action listed in the Unified Agenda of in costs incurred prior to the date of procedures. It is anticipated that the Federal Regulations. The Regulatory authorization to proceed except as economic impact of this rulemaking Information Service Center publishes provided by 23 CFR 1.9(b). would be minimal; therefore, a full the Unified Agenda in April and (c) Authorization to proceed shall be regulatory evaluation is not required. October of each year. The RIN contained deemed a contractual obligation of the The FHWA does not consider this Federal Government under 23 U.S.C. in the heading of this document can be action to be a significant regulatory 106 and shall require that appropriate used to cross reference this action with action because the proposed funds be available at the time of the Unified Agenda. amendments would update the Federal- authorization for the agreed Federal aid project authorization regulation to List of Subjects in 23 CFR Part 630 share, either pro rata or lump sum, of conform to recent laws, regulations, and the cost of eligible work to be incurred to clarify existing policies. Government contracts, Grant by the State except as follows: programs—transportation, Highways (1) Advance construction projects Regulatory Flexibility Act and roads, Project authorization. authorized under 23 U.S.C. 115. In compliance with the Regulatory (2) Bond issue projects authorized In consideration of the foregoing, the Flexibility Act (5 U.S.C. 601–612), the under 23 U.S.C. 122. FHWA has evaluated the effects of this FHWA proposes to amend title 23, Code (3) Projects for preliminary studies for rule on small entities. Based on the of Federal Regulations, by revising Part the portion of the preliminary evaluation, the FHWA certifies that this 630, subpart A to read as set forth engineering and right-of-way (ROW) action would not have a significant below. phase(s) through the selection of a economic impact on a substantial location. number of small entities. The proposed (4) Projects for ROW acquisition in amendments would only clarify or hardship and protective buying Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9309 situations through the selection of a (i) The State may contribute more SUPPLEMENTARY INFORMATION: particular location. This includes ROW than the normal non-Federal share of Background acquisitions within a potential highway title 23, U.S.C., projects. However, corridor under consideration where proposals resulting in token Federal This document proposes guidance as necessary to preserve the corridor for financing of a Federal-aid project shall to the treatment of transfers of target future highway purposes. Authorization not be approved. assets to another corporation after a of work under this paragraph shall be in qualified stock purchase of target stock, [FR Doc. 95–4029 Filed 2–16–95; 8:45 am] accord with the provisions of 23 CFR if a section 338 election is not made for part 712. BILLING CODE 4910±22±P the target. It addresses the effect of (5) In special cases where the Federal section 338 on the result in Yoc Heating Highway Administrator determines it to v. Commissioner and similar cases. be in the best interest of the Federal-aid DEPARTMENT OF THE TREASURY Under § 1.368–1(b), for a transfer of highway program. assets to be pursuant to a reorganization (d) The authorization to proceed with Internal Revenue Service within the meaning of section 368, there a project under 23 CFR 630.106(c)(3) must be a continuity of interest in the through (c)(5) shall contain the 26 CFR Part 1 target’s business enterprise on the part following statement: ‘‘Authorization to of those persons who, directly or proceed shall not constitute any [CO±62±94] indirectly, were the owners of the commitment of Federal funds, nor shall enterprise prior to the reorganization. RIN 1545±AT15 it be construed as creating in any In Yoc Heating v. Commissioner, 61 T.C. 168 (1973), a corporation bought 85 manner any obligation on the part of the Continuity of Interest in Transfer of Federal Government to provide Federal percent of a target corporation’s stock Target Assets After Qualified Stock for cash and notes. As part of the same funds for that portion of the undertaking Purchase of Target not fully funded herein.’’ plan, the target subsequently transferred (e) When a project has received an AGENCY: Internal Revenue Service (IRS), its assets to a newly formed subsidiary authorization under 23 CFR 630.106 Treasury. of the purchaser and dissolved. The purchaser received additional stock of (c)(3) and (c)(4), subsequent ACTION: Notice of proposed rulemaking its subsidiary in exchange for the authorizations beyond the location stage and notice of public hearing. shall not be given until appropriate purchaser’s target stock and the available funds have been obligated to SUMMARY: This document contains minority shareholders received cash in cover eligible costs of the work covered proposed regulations relating to the exchange for their target stock. by the previous authorization. income tax treatment of the transfer of The Tax Court, viewing the stock (f)(1) The Federal-aid share of eligible target assets to the purchasing purchase and asset acquisition as an project costs shall be established at the corporation or another member of the integrated transaction in which the time of project authorization in one of same affiliated group as the purchasing purchaser acquired all of the target’s the following manners: corporation (the transferee) after a assets for cash and notes, held there was (i) Pro rata, with the authorization qualified stock purchase (QSP) of target insufficient continuity of interest to stating the Federal share as a specified stock, if a section 338 election is not qualify the asset transfer as a percentage, or made. These regulations provide reorganization under section 368 (ii) Lump sum, with the authorization guidance to parties to such transfers and because the shareholders of the target stating that Federal funds are limited to their shareholders. This document also before the stock purchase received no a specified dollar amount not to exceed provides notice of a public hearing on stock in the acquiring entity. As a result, the legal pro rata. these proposed regulations. the subsidiary received a cost basis in (2) The pro-rata or lump sum share the target’s assets. DATES: Written comments and outlines In addition to Yoc Heating, there are may be adjusted to reflect any of topics to be discussed at the public substantive change in the bids received other cases in which courts have denied hearing scheduled for June 7, 1995, reorganization treatment and have given as compared to the SHA’s estimated cost must be received by May 19, 1995. of the project at the time of FHWA the transferee a stepped-up basis in the authorization, provided that Federal ADDRESSES: Send submissions to: target’s assets following the purchase of funds are available. CC:CORP:T:R (CO–62–94), room 5228, the target’s stock and the merger of the (g) Federal participation is limited to Internal Revenue Service, POB 7604, target into the purchaser or a related the agreed Federal share of eligible costs Ben Franklin Station, Washington, DC corporation. See, e.g., Russell v. actually incurred by the State, not to 20044. In the alternative, submissions Commissioner, 832 F.2d 349 (6th Cir. exceed the maximum permitted by may be hand delivered between the 1987), aff’g Cannonsburg Skiing Corp. v. enabling legislation. Any private cash hours of 8 a.m. and 5 p.m. to: Commissioner, T.C. Memo 1986–150 contributions to the project must be CC:CORP:T:R (CO–62–94), Courier’s (corporation purchased target stock and credited to, and thereby such Desk, Internal Revenue Service, 1111 then target merged into purchaser); contributions reduce, the total project Constitution Avenue NW., Washington, Security Industrial Insurance Co. v. cost and are not considered to be costs DC. The public hearing will be held in United States, 702 F.2d 1234 (5th Cir. incurred by the State. Private cash room 3313, Internal Revenue Building, 1983) (corporation purchased stock of contributions may be applied to 1111 Constitution Avenue NW., targets and then targets merged into participating or nonparticipating work. Washington, DC. purchaser, which then transferred the Cash contributions provided by a local FOR FURTHER INFORMATION CONTACT: target assets to a subsidiary of the government are considered the same as Concerning the proposed regulations, purchaser); South Bay Corporation v. State funds. William Alexander, (202) 622–7780; Commissioner, 345 F.2d 698 (2d Cir. (h) The sum of cash contributions concerning the submissions and 1965) (individual purchased stock in from all sources plus the Federal funds requests for a hearing, Christina two targets and then targets merged into may not exceed the total cost of the Vasquez, (202) 622–7180 (not toll-free a third corporation owned by the project. numbers). individual); Superior Coach of Florida 9310 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules v. Commissioner, 80 T.C. 895 (1983) believe that the result in Yoc Heating is reorganization under generally (individual purchased target stock and inconsistent with the legislative intent applicable rules without regard to the then target merged into another behind section 338. As a result of the provisions of the proposed regulations. corporation controlled by the enactment of section 338, an intragroup The legislative history of section 338 individual); Estate of McWhorter v. merger or similar transaction following does not indicate any intent to eliminate Commissioner, 69 T.C. 650 (1978), aff’d, a QSP generally should not be treated as the continuity of interest requirement 590 F.2d 340 (8th Cir. 1978) part of an overall asset acquisition. The generally and allow reorganization (corporation purchased target stock and qualified stock purchase must be treatment to shareholders receiving then target merged into purchaser); and accorded its intended effect. Cf. Rev. stock in acquisitions where the overall Kass v. Commissioner, 60 T.C. 218 Rul. 90–95, 1990–2 C.B. 67 (applying consideration does not preserve (1973), aff’d, 491 F.2d 749 (3d Cir. 1974) sections 332 and 334 to a merger of the continuity of interest. The rules (corporation purchased target stock and target into the purchasing corporation provided in the proposed regulations then target merged into purchaser). following a QSP). If a section 338 reconcile Congress’ concerns in enacting The Yoc Heating court’s analysis of election is not made, in a subsequent section 338 with general reorganization the transaction as, in substance, a intragroup merger or similar transaction, principles. taxable asset acquisition by the the target assets generally should The IRS and Treasury request subsidiary is consistent with generally preserve their historic basis maintained comments on the proposed rules, applied federal income tax principles. in the qualified stock purchase. The IRS including, particularly, comments For example, in Kimbell-Diamond and Treasury believe that applying the regarding the collateral consequences of Milling Co. v. Commissioner, 14 T.C. 74 reorganization rules to the target and treating the transaction as a (1950), aff’d per curiam, 187 F.2d 718 purchasing group in mergers and similar reorganization to the target and to the (5th Cir.), cert. denied, 342 U.S. 827 transactions following a QSP is the purchasing corporation and its affiliates, (1951), an acquiring corporation’s simplest and most effective means of but not to persons unaffiliated with the purchase of a target corporation’s stock achieving the congressional intent in purchasing corporation. The IRS and followed by the liquidation of the target repealing the Kimbell-Diamond Treasury also solicit comments as to was treated for federal income tax doctrine. whether guidance is needed as to the purposes as, in substance, a direct Explanation of Provisions proper treatment of post-QSP mergers purchase of the target’s assets by the and similar transactions if a section 338 acquiring corporation. The Tax Court’s Proposed § 1.338–2(c)(3) applies to election is made for the target. characterization in Kimbell-Diamond the transfer of target assets to the was based on a finding that the purchasing corporation or another Proposed Effective Date acquiring corporation intended to obtain member of the same affiliated group as Section 1.338–2(c)(3) is proposed to the target’s assets rather than its stock. the purchasing corporation (the be effective for transfers of target assets As a result, the acquiring corporation’s transferee) following a QSP of target occurring on or after the date final basis in the target’s assets was stock, if the purchasing corporation regulations are filed with the Office of determined by reference to the purchase does not make a section 338 election for the Federal Register. price of the target’s stock. the target. In 1954, Congress codified principles As noted above, for the transfer of Special Analyses derived from Kimbell-Diamond by target assets to be pursuant to a It has been determined that this notice enacting former section 334(b)(2) of the reorganization within the meaning of of proposed rulemaking is not a Internal Revenue Code of 1954, which section 368, there must be a continuity significant regulatory action as defined created an objective test that permitted of interest in the target’s business in EO 12866. Therefore, a regulatory a stock purchase followed by enterprise on the part of those persons assessment is not required. It has also liquidation of the target to be treated as who, directly or indirectly, were the been determined that section 553(b) of an asset acquisition. S. Rep. No. 1622, owners of the enterprise prior to the the Administrative Procedure Act (5 83d Cong., 2d Sess. 257 (1954). reorganization. See § 1.368–1(b). The U.S.C. chapter 5) and the Regulatory In 1982, Congress repealed section proposed regulations generally provide Flexibility Act (5 U.S.C. chapter 6) do 334(b)(2) and replaced it with section that, by virtue of the application of not apply to these regulations, and, 338, which provides that, if a section 338, the purchasing therefore, a Regulatory Flexibility corporation makes a qualified stock corporation’s target stock acquired in Analysis is not required. Pursuant to purchase (QSP) of the stock of a target, the QSP represents an interest on the section 7805(f) of the Internal Revenue the purchasing corporation may elect to part of a person who was an owner of Code, this notice of proposed have the target treated as having sold all the target’s business enterprise prior to rulemaking will be submitted to the of its assets at the close of the the transfer that can be continued in a Chief Counsel for Advocacy of the Small acquisition date in a single transaction reorganization for the purpose of Business Administration for comment and as a new corporation that purchased determining whether the continuity of on its impact on small business. all such assets at the beginning of the interest requirement is satisfied. A following day. Section 338 was corollary provision enables the transfer Comments and Requests for a Public ‘‘intended to replace any nonstatutory to satisfy the requirements for an Hearing treatment of a stock purchase as an asset acquisitive reorganization under section Before this proposed regulation is purchase under the Kimbell-Diamond 368(a)(1)(D). adopted as a final regulation, doctrine.’’ H.R. Conf. Rep. No. 760, 97th Notwithstanding the general rule consideration will be given to any Cong., 2d Sess. 467, 536 (1982), 1982– above, the proposed regulations provide written comments (a signed original and 2 C.B. 600, 632. that sections 354, 355, 356 and 358 do eight (8) copies) that are submitted Under section 338(i), the IRS and not apply to any person other than the timely to the IRS. All comments will be Treasury are authorized to prescribe purchasing corporation or another available for public inspection and such regulations as may be necessary or member of the same affiliated group as copying. appropriate to carry out the purposes of the purchasing corporation unless the A public hearing has been scheduled section 338. The IRS and Treasury transfer of target assets is pursuant to a for June 7, 1995, at 10 a.m. in room Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9311 3313, Internal Revenue Building, 1111 § 1.338±2 Miscellaneous issues under determining whether the continuity of Constitution Avenue NW, Washington, section 338. interest requirement of § 1.368–1(b) is DC. Because of access restrictions, * * * * * satisfied, P’s T stock acquired in the qualified visitors will not be admitted beyond the (c) * * * stock purchase represents an interest on the Internal Revenue Building lobby more (3) Consequences of post-acquisition part of a person who was an owner of T’s than 15 minutes before the hearing elimination of target—(i) Scope. The business enterprise prior to the transfer that starts. rules of this paragraph (c)(3) apply to can be continued in a reorganization through The rules of 26 CFR 601.601(a)(3) the transfer of target assets to the P’s continuing ownership of X. Thus, the apply to the hearing. purchasing corporation (or another continuity of interest requirement is satisfied Persons that wish to present oral member of the same affiliated group as and the merger of T into X is a reorganization comments at the hearing must submit the purchasing corporation) (the within the meaning of section 368(a)(1)(A). written comments by May 19, 1995, and transferee) following a qualified stock Moreover, by virtue of section 338, the submit an outline of the topics to be purchase of target stock, if the requirement of section 368(a)(1)(D) that a discussed and the time to be devoted to purchasing corporation does not make a target shareholder control the transferee each topic (signed original and eight (8) section 338 election for target. immediately after the transfer is satisfied copies) by May 19, 1995. (ii) Continuity of interest. By virtue of because P controls X immediately after the A period of 10 minutes will be section 338, in determining whether the transfer. In addition, all of T’s assets are allocated to each person for making continuity of interest requirement of transferred to X in the merger and P and K comments. § 1.368–1(b) is satisfied on the transfer receive the X stock exchanged therefor in An agenda showing the scheduling of of assets from target to the transferee, pursuance of the plan of reorganization. the speakers will be prepared after the the purchasing corporation’s target stock Thus, the merger of T into X is also a deadline for receiving outlines has acquired in the qualified stock purchase reorganization within the meaning of section passed. Copies of the agenda will be represents an interest on the part of a 368(a)(1)(D). available free of charge at the hearing. person who was an owner of the target’s (C) Treatment of T and X. Under section 361(a), T recognizes no gain or loss in the Drafting Information business enterprise prior to the transfer that can be continued in a merger. Under section 362(b), X’s basis in the The principal author of these reorganization. Notwithstanding the assets received in the merger is the same as regulations is William Galanis, Office of preceding sentence, sections 354, 355, the basis of the assets in T’s hands. X Assistant Chief Counsel (Corporate), 356 and 358 do not apply to any person succeeds to and takes into account the items Internal Revenue Service. However, other than the purchasing corporation or of T as provided in section 381. other personnel from the IRS and another member of the same affiliated (D) Treatment of P. By virtue of section Treasury Department participated in group as the purchasing corporation 338, the transfer of T assets to X is a their development. unless the transfer is pursuant to a reorganization. Pursuant to that reorganization, P exchanges its T stock solely List of Subjects in 26 CFR Part 1 reorganization under generally for stock of X, a party to the reorganization. applicable rules without regard to this Income taxes, Reporting and Because P is the purchasing corporation, recordkeeping requirements. paragraph (c)(3)(ii). (iii) Control requirement. By virtue of section 354 applies to P’s exchange of T stock for X stock in the merger of T into X. Thus, Proposed Amendments to the section 338, the purchasing corporation P recognizes no gain or loss on the exchange. Regulations is treated as a shareholder of the target Under section 358, P’s basis in the X stock transferor for the purpose of Accordingly, 26 CFR part 1 is received in the exchange is the same as the determining whether, immediately after proposed to be amended as follows: basis of P’s T stock exchanged therefor. the transfer of target assets, a (E) Treatment of K. Because K is not the PART 1ÐINCOME TAXES shareholder of the transferor is in purchasing corporation (or an affiliate control of the corporation to which the Paragraph 1. The authority citation thereof), section 354 does not apply to K’s assets are transferred within the for part 1 continues to read, in part, as exchange of T stock for X stock in the merger follows: meaning of section 368(a)(1)(D). of T into X unless the transfer is pursuant to (iv) Example. This paragraph (c)(3) is Authority: 26 U.S.C. 7805 * * * a reorganization under generally applicable illustrated by the following example: rules without regard to paragraph (c)(3)(ii) of Par. 2. Section 1.338–0 is amended by Example. (A) Facts. P, T, and X are this section. Under general income tax adding entries for § 1.338–2(c)(3) to read domestic corporations. T and X each operate principles applicable to reorganizations, the as follows: a trade or business. A and K, individuals continuity of interest requirement is not unrelated to P, own 85 and 15 percent, satisfied because P’s stock purchase and the § 1.338±0 Outline of topics. respectively, of the stock of T. P owns all of merger of T into X are pursuant to an * * * * * the stock of X. The total adjusted basis of T’s property exceeds the sum of T’s liabilities integrated transaction in which A, the owner § 1.338±2 Miscellaneous issues under plus the amount of liabilities to which T’s of 85 percent of the stock of T, received section 338. property is subject. P purchases all of A’s T solely cash in exchange for A’s T stock. See, * * * * * stock for cash in a qualified stock purchase. e.g., Yoc Heating v. Commissioner, 61 T.C. (c)* * * P does not make an election under section 168 (1973); Kass v. Commissioner, 60 T.C. (3) Consequences of post-acquisition 338(g) with respect to its acquisition of T 218 (1973), aff’d, 491 F.2d 749 (3d Cir. 1974). elimination of target. stock. Shortly after the acquisition date, and Thus, the requisite continuity of interest (i) Scope. as part of the same plan, T merges under under § 1.368–1(b) is lacking and section 354 applicable state law into X in a transaction (ii) Continuity of interest. does not apply to K’s exchange of T stock for (iii) Control requirement. that, but for the question of continuity of interest, satisfies all the requirements of X stock. K recognizes gain or loss, if any, (iv) Example. pursuant to section 1001(c) with respect to its (v) Effective date. section 368(a)(1)(A). In the merger, all of T’s assets are transferred to X. P and K receive T stock. * * * * * X stock in exchange for their T stock. P Par. 3. Section 1.338–2 is amended by intends to retain the stock of X indefinitely. (v) Effective date. The provisions of adding paragraph (c)(3) to read as (B) Status of transfer as a reorganization. this paragraph (c)(3) are effective for follows: By virtue of section 338, for the purpose of transfers of target assets on or after the 9312 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules date final regulations are filed with the without the prior approval of the interference with constitutionally Office of the Federal Register. Regional Supervisor. To obtain protected property rights. Thus, a * * * * * approval, the lessee must demonstrate Takings Implication Assessment does Margaret Milner Richardson, that the amounts to be burned would be not need to be prepared pursuant to E.O. Commissioner of Internal Revenue. minimal or that the alternatives, such as 12630, Government Action and transporting the liquids or storing and Interference with Constitutionally [FR Doc. 95–3771 Filed 2–16–95; 8:45 am] re-injecting the liquids, are infeasible or Protected Property Rights. BILLING CODE 4830±01±P pose a significant risk to offshore E.O. 12778 personnel or the environment. The term ‘‘lessee’’ also includes their agents and The DOI certified to OMB that this DEPARTMENT OF THE INTERIOR designees. proposed rule meets the applicable civil justice reform standards provided in Minerals Management Service Authors Sections 2(a) and 2(b)(2) of E.O. 12778. 30 CFR Part 250 Sharon Buffington and Jo Ann Lauterbach, Engineering and National Environmental Policy Act RIN 1010±AB96 Technology Division, MMS, prepared The DOI determined that this action this document. does not constitute a major Federal Flaring or Venting Gas and Burning action significantly affecting the quality Executive Order (E.O.) 12866 Liquid Hydrocarbons of the human environment; therefore, an AGENCY: Minerals Management Service The Department of the Interior (DOI) Environmental Impact Statement is not (MMS), Interior. reviewed this proposed rule under E.O required. 12866 and determined that it is not a ACTION: Proposed rule. significant rule. List of Subjects in 30 CFR Part 250 SUMMARY: This proposed rule would Regulatory Flexibility Act Continental shelf, Environmental amend regulations governing the impact statements, Environmental restrictions on flaring or venting gas to The DOI determined that this protection, Government contracts, include restrictions on burning liquid proposed rule will not have a significant Incorporation by reference, hydrocarbons. The MMS is proposing to effect on a substantial number of small Investigations, Mineral royalties, Oil amend these regulations because of the entities. In general, the entities that and gas development and production, increased interest in burning liquid engage in offshore activities are not Oil and gas exploration, Oil and gas hydrocarbons and to clarify the considered small due to the technical reserves, Penalties, Pipelines, Pubic restrictions on burning this natural and financial resources and experience lands—mineral resources, Public resource. The amendment would necessary to safety conduct such lands—rights-of-way, Reporting and conserve liquid hydrocarbons and activities. recordkeeping requirements, Sulphur protect the environment from the Paperwork Reduction Act development and production, Sulphur possible effects of burning liquid exploration, Surety bonds. hydrocarbons. The proposed information collection requirements contained in § 250.175 Dated: December 23, 1994. DATES: Comments on this proposed rule were submitted to the Office of Bob Armstrong, must be postmarked or received on or Management and Budget (OMB) for Assistant Secretary, Land and Minerals before April 18, 1995 to be considered approval as required by the Paperwork Management. for this rulemaking. Reduction Act (44 U.S.C. 3501 et seq.). For the reasons set forth above, MMS ADDRESSES: Mail or hand-carry The DOI will not require the proposes to amend 30 CFR part 250 to comments to the Department of the collection on this information until read as follows: Interior; Minerals Management Service; OMB has approved its collection. Mail Stop 4700; 381 Elden Street; The MMS estimates the public PART 250ÐOIL AND GAS AND Herndon, Virginia 22070–4817; reporting burden for this information to SULPHUR OPERATIONS IN THE Attention: Chief, Engineering and average 1.5 hours per response, OUTER CONTINENTAL SHELF Standards Branch. including the time for reviewing FOR FURTHER INFORMATION CONTACT: instructions, searching existing data 1. The authority citation for part 250 Sharon Buffington, Engineering and sources, gathering and maintaining the continues to read as follows: Standards Branch, telephone (703) 787– data needed, and completing and Authority: 43 U.S.C. 1334. 1600. reviewing the information collection. 2. Section 250.175 is revised to read SUPPLEMENTARY INFORMATION: Requests Send comments regarding this burden as follows: for burning liquid hydrocarbons (crude estimate or any other aspects of this oil and condensate) have become more collection of information, including § 250.175 Flaring or venting gas and frequent in the Outer Continental Shelf. suggestions for reducing the burden, to burning liquid hydrocarbons. In the interest of conserving natural the Information Collection Clearance (a) Lessees must not flare or vent oil- resources, and because of the Officer; Minerals Management Service; well gas or gas-well gas without the environmental concerns associated with Mail Stop 2053, 381 Elden Street; prior approval of the Regional this burning, MMS proposes to amend Herndon, Virginia 22070–4817, and the Supervisor except in the following the regulations at 30 CFR 250.175, Office of Management and Budget, situations: which currently include restrictions on Paperwork Reduction Project (1010– (1) When gas vapors are flared or flaring and venting of gas, to include 0041), Washington, DC 20503. vented in small volumes from storage restrictions on burning liquid vessels or other low-pressure hydrocarbons. Takings Implication Assessment production vessels and cannot be Under proposed new paragraph (c) of The DOI determined that this economically recovered. 30 CFR 250.175, lessees will not be proposed rule does not represent a (2) During temporary situations such permitted to burn liquid hydrocarbons governmental action capable of as a compressor or other equipment Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9313 failure or the relief of system pressures. (4) A list of the wells contributing to amendment by contacting OSM’s The following conditions apply: flaring, venting, or burning, along with Indianapolis Field Office. (i) Lessees must not flare or vent oil- the gas-oil ratio data. Roger W. Calhoun, Director, well gas for more than 48 continuous (e) Lessees must keep these records Indianapolis Field Office, Office of hours without the approval of the for at least two (2) years. Lessees must Surface Mining Reclamation and Regional Supervisor. The Regional make the records available for Enforcement, Minton-Capehart Supervisor may specify a limit of less inspection by Minerals Management Federal Building, Room 301, than 48 hours when necessary to Service (MMS) representatives at the Indianapolis, Indiana 46204, prevent air quality degradation. Flaring lessees’ field office that is nearest the Telephone: (317) 226–6166. or venting gas from a facility must not Outer Continental Shelf facility, or at Indiana Department of Natural continue for more than 144 cumulative other locations conveniently available to Resources, 402 West Washington hours during any calendar month the Regional Supervisor. Upon request Street, Room C256, Indianapolis, without the approval of the Regional by the Regional Supervisor, lessees must Indiana 46204, Telephone: (317) 232– Supervisor. provide a copy of the records to MMS. 1547. (ii) Lessees must not flare or vent gas- [FR Doc. 95–3986 Filed 2–16–95; 8:45 am] FOR FURTHER INFORMATION CONTACT: well gas beyond the time required to Roger W. Calhoun, Director, BILLING CODE 4310±MR±M eliminate a temporary emergency Indianapolis Field Office, Telephone: without the approval of the Regional (317) 226–6166. Supervisor. Office of Surface Mining Reclamation (3) During the unloading or cleaning SUPPLEMENTARY INFORMATION: and Enforcement of a well, drill-stem testing, production- I. Background on the Indiana Program testing, or other well-evaluation testing 30 CFR Part 914 for periods not to exceed 48 cumulative On July 29, 1982, the Secretary of the hours per testing operation on a single [IN±121±FOR; Amendment 94±7] Interior conditionally approved the completion. The Regional Supervisor Indiana program. Background Indiana Regulatory Program may specify a shorter period of time, information on the Indiana program, including the Secretary’s findings, the under prior notice, to prevent air quality AGENCY: Office of Surface Mining degradation. Reclamation and Enforcement (OSM), disposition of comments, and the (b) Lessees may flare or vent oil-well Interior. conditions of approval can be found in gas for a period not to exceed 1 year the July 26, 1982, Federal Register (47 ACTION: Proposed rule; public comment when the Regional Supervisor approves FR 32071). Subsequent actions period and opportunity for public concerning the conditions of approval the request for one of the following hearing. reasons: and program amendments can be found (1) The lessee initiated an action SUMMARY: OSM is announcing receipt of at 30 CFR 914.10, 914.15, and 914.16. which, when completed, will eliminate a proposed amendment to the Indiana II. Discussion of the Proposed flaring and venting; or regulatory program (hereinafter referred Amendment (2) The lessee submitted an evaluation to as the ‘‘Indian program’’) under the By letter dated January 31, 1995 supported by engineering, geologic, and Surface Mining Control and (Administrative Record No. IND–1420), economic data indicating that the oil Reclamation Act of 1977 (SMCRA). The the Indiana Department of Natural and gas produced from the well(s) will proposed amendment consists of Resources (IDNR) submitted to OSM a not economically support the facilities changes to the Indiana Surface Coal State program amendment package necessary to save and/or sell the gas, or Mining rules. The amendment is consisting of revisions to the Indiana that sufficient quantities of gas are not intended to revise 310 IAC 12–5–54.1 program rules. The amendment revises available for marketing. and the timing limitations of backfilling language at 310 IAC 12–5–54.1 (c) Lessees must not burn produced and grading for surface coal mining and concerning the timing limitations for liquid hydrocarbons without the prior reclamation operations under IC 13–4.1. approval of the Regional Supervisor. To backfilling and grading of surface coal DATES: Written comments must be burn produced liquid hydrocarbons, the mining and reclamation operations. The received by 4:00 p.m., E.S.T. March 20, lessee must demonstrate that the following amendments are being 1995. If requested, a public hearing on amounts to be burned would be proposed. the proposed amendment will be held minimal, or that the alternatives are on March 14, 1995. Requests to speak at 1. 310 IAC 12–5–54.1 Backfilling and infeasible or pose a significant risk to the hearing must be received by 4:00 Grading; Timing Limitations offshore personnel or the environment. p.m., E.S.T. on March 6, 1995. Alternatives to burning liquid Subsection (a). The word hydrocarbons include transporting the ADDRESSES: Written comments and ‘‘commission’’ is being deleted and is liquids or storing and re-injecting them requests to speak at the hearing should replaced by the word ‘‘director.’’ The into a producible zone. be mailed or hand delivered to Roger W. word ‘‘paragraphs’’ is being deleted and (d) Lessees must prepare records Calhoun, Director, Indianapolis Field replaced by ‘‘subsection.’’ The words detailing gas flaring or venting, and Office at the first address listed below. ‘‘of this rule’’ are being deleted. liquid hydrocarbon burning, for each Copies of the Indiana program, the Subsection (a)(1). The word ‘‘and’’ is facility. The records must include, at a proposed amendment, a listing of any being deleted immediately before ‘‘eight minimum: scheduled public hearings, and all (180).’’ The words ‘‘an average of’’ are (1) Daily volumes of gas flared or written comments received in response being deleted immediately preceding vented, and liquid hydrocarbons to this document will be available for ‘‘four (4).’’ The words ‘‘(by length)’’ are burned. public review at the addresses listed being deleted immediately following (2) Number of hours of flaring, below during normal business hours, ‘‘four (4) spoil ridges.’’ With these venting, or burning on a daily basis. Monday through Friday, excluding changes, backfilling and grading for (3) Reasons for flaring, venting, or holidays. Each requester may receive dragline type operations which deposit burning. one free copy of the proposed the overburden into spoil ridges must be 9314 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules accomplished within 180 days of advance of the hearing will allow OSM 30 CFR parts 730, 731, and 732 have deposition, provided that no more than officials to prepare adequate responses been met. four (4) spoil ridges remain at any one and appropriate questions. National Environmental Policy Act time. The public hearing will continue on Subsection (a)(4). In the second the specified date until all persons No environmental impact statement is sentence, the word ‘‘commission’’ is scheduled to speak have been heard. required for this rule since section deleted and is replaced by the word Persons in the audience who have not 702(d) of SMCRA (30 U.S.C. 1292(d)) ‘‘director.’’ been scheduled to speak, and who wish provides that agency decisions on Subsection (b). The changes to this to do so, will be heard following those proposed State regulatory program subsection all involve nonsubstantive who have been scheduled. The hearing provisions do not constitute major wording changes. will end after all persons scheduled to Federal actions within the meaning of Subsection (c). Nonsubstantive speak and persons present in the section 102(2)(C) of the National wording changes are being made to the audience who wish to speak have been Environmental Policy Act (42 U.S.C. first sentence. The second sentence heard. 4332(2)(C)). concerning the required commission Any disabled individual who has Paperwork Reduction Act approval of variances is being deleted in need for a special accommodation to This rule does not contain its entirety. With these changes, the attend a public hearing should contact information collection requirements that revised subsection provides that ‘‘[t]he the individual listed under FOR FURTHER require approval by OMB under the director may grant variances to the INFORMATION CONTACT. limitations of subsection (a) for good Paperwork Reduction Act (44 U.S.C. cause.’’ Public Meeting 3507 et seq.). The proposed program amendment If only one person requests an Regulatory Flexibility Act submitted by Indiana is available for opportunity to speak at a hearing, a The Department of the Interior has public inspection at the addresses listed public meeting, rather than a public determined that this rule will not have above. The Director now seeks public hearing, may be held. Persons wishing a significant economic impact on a comment on whether the proposed to meet with OSM representatives to substantial number of small entities amendment is no less effective than the discuss the proposed amendment may under the Regulatory Flexibility Act (5 Federal regulations. If approved, the request a meeting by contacting the U.S.C. 601 et seq.) The State submittal amendment will become part of the person listed under FOR FURTHER which is the subject of this rule is based Indiana program. INFORMATION CONTACT. All such meetings upon corresponding Federal regulations III. Public Comment Procedures will be open to the public and, if for which an economic analysis was possible, notices of meetings will be In accordance with the provisions of prepared and certification made that posted at the locations listed under such regulations would not have a 30 CFR 732.17(h), OSM is seeking ADDRESSES. A written summary of each comments on whether the proposed significant economic effect upon a meeting will be made a part of the substantial number of small entities. amendment satisfies the applicable Administrative Record. program approval criteria of 30 CFR Accordingly, this rule will ensure that existing requirements previously 732.15. If the amendment is deemed IV. Procedural Determinations promulgated by OSM will be adequate, it will become part of the Executive Order 12866 implemented by the State. In making the Indiana program. This rule is exempted from review by determination as to whether this rule Written Comments the Office of Management and Budget would have a significant economic Written comments should be specific, (OMB) under Executive Order 12866 impact, the Department relied upon the pertain only to the issues proposed in (Regulatory Planning and Review). data and assumptions for the corresponding Federal regulations. this rulemaking, and include Executive Order 12778 explanations in support of the List of Subjects in 30 CFR Part 914 commenter’s recommendations. The Department of the Interior has conducted the reviews required by Intergovernmental relations, Surface Comments received after the time mining, Underground mining. indicated under DATES or at locations section 2 of Executive Order 12778 other than the Indianapolis Field Office (Civil Justice Reform) and has Dated: February 10, 1995. will not necessarily be considered in the determined that, to the extent allowed Richard J. Seibel, final rulemaking or included in the by law, this rule meets the applicable Acting Assistant Director, Eastern Support Administrative Record. standards of subsections (a) and (b) of Center. that section. However, these standards [FR Doc. 95–4063 Filed 2–16–95; 8:45 am] Public Hearing are not applicable to the actual language BILLING CODE 4310±05±M Persons wishing to speak at the public of State regulatory programs and hearing should contact the person listed program amendments since each such under FOR FURTHER INFORMATION program is drafted and promulgated by 30 CFR Part 917 CONTACT by 4:00 p.m., E.S.T. on March a specific State, not by OSM. Under 6, 1995. The location and time of the sections 503 and 505 of SMCRA (30 Kentucky Regulatory Program hearing will be arranged with those U.S.C. 1253 and 1255) and 30 CFR AGENCY: Office of Surface Mining persons requesting the hearing. If no one 730.11, 732.15, and 732.17(h)(10), Reclamation and Enforcement (OSM), requests an opportunity to testify at the decisions on proposed State regulatory Interior. public hearing, the hearing will not be programs and program amendments ACTION: Proposed rule; reopening and held. submitted by the States must be based extension of public comment period on Filing of a written statement at the solely on a determination of whether the proposed amendment. time of the hearing is requested as it submittal is consistent with SMCRA and will greatly assist the transcriber. its implementing Federal regulations SUMMARY: OSM is announcing the Submission of written statements in and whether the other requirements of receipt of revisions of two previously Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9315 proposed amendments to the Kentucky document will be available for review at public comment period ended on regulatory program (hereinafter referred the addresses listed below, Monday September 6, 1994. to as the ‘‘Kentucky program’’) under through Friday, excluding holidays. By letter dated August 2, 1994 the Surface Mining Control and Each requestor may receive one free (Administrative Record No. KY–1305), Reclamation Act of 1977 (SMCRA). By copy of the proposed amendment by Kentucky submitted a proposed letter of January 11, 1995 contacting OSM’s Lexington Field amendment to its program pursuant to (Administrative Record No. KY–1332), Office. SMCRA. Kentucky submitted the Kentucky resubmitted a proposed William J. Kovacic, Director, Office of proposed amendment at its own program amendment that completed the Surface Mining Reclamation and initiative. The provisions of the Kentucky regulation promulgation Enforcement, Lexington Field Office, regulations that Kentucky proposed to process under Kentucky Revised 2675 Regency Road, Lexington, amend are 405 KAR 16:010 and 405 Statutes 9KRS) Chapter 13A. The Kentucky 40503, Telephone: (606) KAR 18:010. OSM announced receipt of amendment consists of proposed 233–2894 the proposed amendment in the modifications to Kentucky Department for Surface Mining September 6, 1994, Federal Register (59 Administrative Regulations (KAR) Reclamation and Enforcement, #2/ FR 46013), provided an opportunity for 10:010, 16:010, 16:020 and 18:010 Hudson Hollow Complex, Frankfort, a public hearing or meeting on its relating to bonding, outcrop barrier and Kentucky 40601, Telephone: (502) substantive adequacy, and invited contemporaneous reclamation. Also, 564–6940. public comment on its adequacy. included in this reopening is the If a public hearing is held, its location Because no one requested a public Statement of Consideration for these will be: The Harley Hotel, 2143 North hearing or meeting, none was held. The regulations dated October 14, 1994 Broadway, Lexington, Kentucky 40505. public comment period ended on (Administrative Record No. KY–1321). FOR FURTHER INFORMATION CONTACT: October 6, 1994. The Statement of Consideration is William J. Kovacic, Director, Lexington By letter dated January 11, 1995 Kentucky’s response to comments on its Field Office Telephone (606) 233–2894. (Administrative Record No. KY–1332), proposed regulations. This proposed Kentucky resubmitted a proposed program amendment replaces an earlier SUPPLEMENTARY INFORMATION: program amendment that completed the Kentucky regulation promulgation proposed program amendment I. Background on the Kentucky process under KRS Chapter 13A. This submitted on August 2, 1994 Program (Administrative Record No. KY–1305), resubmission contains proposed On May 18, 1982, the Secretary of the modifications to 405 KAR 10:010 and portions of Kentucky’s submittal of Interior conditionally approved the July 19, 1994 (Administrative Record General Requirements for Performance Kentucky program. General background Bond and Liability Insurance, 405 KAR No. KY–1304), containing 405 KAR information on the Kentucky program 16:010 General Provisions, 405 KAR 10:010 General Requirements for including the Secretary’s findings, the 16:020 Contemporaneous Reclamation, Performance Bond and Liability disposition of comments, and and 405 KAR 18:010 General Provisions. Insurance and 405 KAR 16:020 conditions of approval can be found in Also, included in this reopening is the Contemporaneous Reclamation. The the May 18, 1982, Federal Register (47 Statement of Consideration for these changes to 405 KAR 7:015, 7:095, FR 21404). Subsequent actions regulations dated October 14, 1994 16:200, 18:200, the Penalty Assessment concerning Kentucky’s program can be (Administrative Record No. KY–1321). Manual and Technical Reclamation found at 30 CFR 917.11, 917.15, 917.16 The Statement of Consideration is Memorandum #21 identified in the and 917.17. Kentucky’s response to comments on its submittal of July 19, 1994 II. Proposed Amendment proposed regulations. This proposed (Administrative Record No. KY–1304), program amendment replaces an earlier are not included in this proposed By letter dated July 19, 1994 proposed program amendment amendment. These changes have not (Administrative Record No. KY–1304), submitted on August 2, 1994 completed the Kentucky regulation Kentucky submitted a proposed (Administrative Record No. KY–1305), promulgation process under KRS amendment to its program pursuant to and portions of Kentucky’s submittal of Chapter 13A. They will be resubmitted SMCRA. Kentucky submitted the July 19, 1994 (Administrative Record to OSM when that process is completed. proposed amendment at its own No. KY–1304), containing 405 KAR DATES: Written comments must be initiative. The provisions of KAR that 10:010 General Requirements for received by 4:00 p.m., E.S.T., on March Kentucky proposed to amend are 405 Performance Bond and Liability 20, 1995. If requested, a public hearing KAR 7:015—Documents Incorporated by Insurance and 405 KAR 16:020 on the proposed amendment will be Reference, 405 KAR 7:095—Assessment Contemporaneous Reclamation. held at 10:00 a.m. on March 14, 1995. of Civil Penalties, 405 KAR 10:010— Specifically, Kentucky proposes the Requests to present oral testimony at the General Requirements for Performance following changes: hearing must be received on or before Bond and Liability Insurance, 405 KAR 4:00 p.m. on March 6, 1995. Any 16:020—Contemporaneous Reclamation, 405 KAR 10:010—General Requirements disabled individual who has need for a 405 KAR 16:200—Revegetation for for Performance Bond and Liability special accommodation to attend a Surface Coal Mining, and 405 KAR Insurance public hearing should contact the 18:200 Revegetation for Underground New Section 2(4) resulted from individual listed under FOR FURTHER Mining Operations. OSM announced recommendations in the July 1993, INFORMATION CONTACT. receipt of the proposed amendment in report of the joint steering committee on ADDRESSES: Written comments and the August 9, 1994, Federal Register (59 reclamation bonding, a work group requests to testify at the hearing should FR 40503), provided an opportunity for consisting of representatives of the be mailed or hand delivered to: William a public hearing or meeting on its Department of Surface Mining J. Kovacic at the address listed below. substantive adequacy, and invited Reclamation and Enforcement, OSM, Copies of the Kentucky program, the public comment on its adequacy. the Kentucky coal industry, public and proposed amendment, and all written Because no one requested a public environmental interests, and the surety comments received in response to this hearing or meeting, none was held. The industry. Coupled with the amendments 9316 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules to 405 KAR 16:020 (see discussion SME–42 (SA), and the escrow agreement (1) The removal will not adversely below), this amendment is intended to form SME–64 (SA). affect the stability of the barrier; reduce the chances that a forfeited bond (2) The removal will completely 405 KAR 16:010—General Provisions. will be inadequate to reclaim the eliminate or significantly reduce (Surface Mines) minesite. New Section 2(4) requires that existing underground workings; if a permit revision adds a coal washer, 405 KAR 18:010—General Provisions. (3) The removal will eliminate or a crush and load facility, a refuse pile, (Underground Mines) significantly reduce an existing or or a coal mine waste impoundment to The amendments to these two potential threat to the health or safety of the existing permit, or alters the administrative regulations are intended the public resulting from the boundary of a permit area or increment, to reduce occurrences of a rapid release underground workings; (4) The removal will eliminate or the permittee must submit a rider to his to the land surface of a large volume of significantly reduce existing or potential performance bond, confirming coverage water impounded in underground mine adverse impacts of the underground of the revision. workings, often called a ‘‘blowout.’’ New Section 5 incorporates by working to the quantity or quality of Blowouts have caused considerable reference the various forms in use ground water or surface water; or damage to property and the pertaining to performance bonds and (5) The barrier is not necessary to environment, and create a hazard to liability insurance. protect the health or safety of the public persons in the areas where they occur. or to protect the quantity of ground 405 KAR 16:020—Contemporaneous Additionally, an underground mine can water or surface water. Reclamation become a source of acid mine drainage The amendments to this regulation after a blowout. III. Public Comment Procedures also resulted from the recommendations Blowouts usually result from OSM is reopening the comment in the July 1993, bonding report underground workings that extend too period on the proposed Kentucky discussed above. The amendments to close to the land surface, leaving an program amendment to provide the Section 2 and new Section 6 require a unmined barrier of coal that is too weak public an opportunity to reconsider the permittee to post supplemental to withstand the buildup of water adequacy of the proposed amendment assurance (certificate of deposit, letter pressure against it. New Section 6 of 405 in light of the additional materials of credit, surety guarantee, etc.) in KAR 18:010 requires that adequate coal submitted. In accordance with the addition to the normal performance barriers be left in areas with blowout provisions of 30 CFR 732.17(h), OSM is bond whenever he obtains approval of potential. Except where surface seeking comments on whether the alternate distance limits for backfilling openings are approved in the permit, proposed amendment satisfies the and grading or if additional pits are the underground mine must leave an applicable program approval criteria of approved. When the backfilling and unmined barrier of coal where the 30 CFR 732.15. If the amendment is grading has progressed to the point that underground workings dip toward and deemed adequate, it will become part of the alternate distance limits are no approach the land surface. This the Kentucky program. longer needed, the supplemental requirement will be waived if assurance is then returned to the person accumulation of water in the Written Comments that submitted it. This supplemental underground workings cannot Written comments should be specific, assurance is not subject to the normal reasonably be expected to occur, or if pertain only to the issues proposed in bond release requirements of 405 KAR adequate measures to prevent an this rulemaking, and include 10:040. Supplemental assurance is also unmined barrier of coal is required, it explanations in support of the required if the permittee wishes to open must be of sufficient width to prevent commentor’s recommendations. more than one pit on the permit area. failure and sudden release of water. The Comments received after the time Section 2 permits an approved cabinet may determine on a case-by-case indicated under DATES or at locations backfilling and grading plan to include basis the width of the barrier that is other than the Lexington Field Office more than one pit per permit area if necessary. The width must not be less will not necessarily be considered in the certain demonstrations are made by the than the width given by the formula: final rulemaking or included in the permittee. Sections 2(1) through 2(5) W=50+H, where W is the minimum administrative record. place limits on the number of mining width in feet and H is the maximum operations per permit area. Section 2(6) hydrostatic head in feet that can build Public Hearing requires that if a mountaintop removal up on the outcrop barrier pillar; unless Persons wishing to comment at the operation begins by mining a contour the cabinet approves a lesser width public hearing should contact the cut around all or part of the based upon the applicant’s person listed under FOR FURTHER mountaintop, the time and distance demonstration that a lesser width is INFORMATION CONTACT by 4:00 p.m. on limits for contour mining shall apply to adequate. March 6, 1995. If no one requests an that cut unless alternate limits are A blowout can also result from opportunity to comment at a public approved. surface mining activities that remove hearing, the hearing will not be held. New Section 6(7) makes the coal from and thereby weaken, a coal Filing of a written statement at the time supplemental assurance requirements barrier left by underground mining. of the hearing is requested as it will applicable to all permit applications New Section 8 of 405 KAR 16:010 greatly assist the transcriber. submitted on or after December 12, requires that surface mining activities Submission of written statements in 1994. Existing operations must come not remove coal from barriers left by advance of the hearing will allow OSM into compliance with the supplemental underground mining where the officials to prepare adequate responses assurance requirements 180 days after underground workings dip toward and and appropriate questions. December 12, 1994. approach the land surface, except when The public hearing will continue on New Section 7 incorporates by approved by the cabinet. The cabinet the specified date until all persons reference two new forms used for will approve the removal if it meets all scheduled to comment have been heard. supplemental assurance. These are the other applicable requirements and at Persons in the audience who have not supplemental assurance form itself, least one of the following conditions: been scheduled to comment, and who Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9317 wish to do so, will be heard following Paperwork Reduction Act decision on the engineering portion of those scheduled. The hearing will end This rule does not contain Ohio’s overall staffing proposal in the after all persons scheduled to comment information collection requirements that previous submissions of this program and persons present in the audience require approval by OMB under the amendment. who wish to comment have been heard. Paperwork Reduction Act (44 U.S.C. This document sets forth the times and locations that the Ohio programs Public Meeting 3507 et seq.). and the proposed amendments to those If only one person requests an Regulatory Flexibility Act programs will be available for public opportunity to comment at a hearing, a The Department of the Interior has inspection, the comment period during public meeting, rather than a public determined that his rule will not have which interested persons may submit hearing, may be held. Persons wishing a significant economic impact on a written comments on the proposed to meet with OSM representatives to substantial number of small entities amendments, and the procedures that discuss the proposed amendments may under the Regulatory Flexibility Act (5 will be followed regarding the public request a meeting at the OSM Lexington U.S.C. 601 et seq.). The State submittal hearing, if one is requested. Field Office listed under ADDRESSES by which is the subject of this rule is based DATES: Written comments must be contacting the person listed under FOR upon corresponding Federal regulations received on or before 4:00 p.m., e.s.t., on FURTHER INFORMATION CONTACT. All such March 20, 1995. If requested, a public meetings will be open to the public and, for which an economic analysis was hearing on the proposed amendments if possible, notices of meetings will be prepared and certification made that will be held at 1:00 p.m., e.s.t., on posted in advance at the locations listed such regulations would not have a significant economic effect upon a March 14, 1995. Requests to present oral under ADDRESSES. A written summary of testimony at the hearing must be each meeting will be made a part of the substantial number of small entities. received on or before 4:00 p.m., e.s.t., on Administrative Record. Accordingly, this rule will ensure that existing requirements previously March 6, 1995. IV. Procedural Determinations promulgated by OSM will be ADDRESSES: Written comments and Executive Order 12866 implemented by the State. In making the requests to testify at the hearing should determination as to whether this rule be mailed or hand-delivered to Mr. This rule is exempted from review by would have a significant economic Robert H. Mooney, Acting Director, the Office of Management and Budget impact, the Department relied upon the Columbus Field Office, at the address (OMB) under Executive Order 12866 data and assumptions for the listed below. (Regulatory Planning and Review). corresponding Federal regulations. Copies of the Ohio programs, the Executive Order 12778 List of Subjects in 30 CFR Part 917 proposed amendments, and all written comments received in response to this The Department of the Interior has Intergovernmental relations, Surface document will be available for public conducted the reviews required by mining, Underground mining. section 2 of Executive Order 12778 review at the addresses listed below (Civil Justice Reform) and has Dated: February 9, 1995. during normal business hours, Monday determined that, to the extent allowed Tim L. Dieringer, through Friday, excluding holidays. by law, this rule meets the applicable Acting Assistant Director, Eastern Support Each requester may receive one free standards of subsections (a) and (b) of Center. copy of the proposed amendments by that section. However, these standards [FR Doc. 95–4064 Filed 2–16–95; 8:45 am] contacting OSM’s Columbus Field are not applicable to the actual language BILLING CODE 4310±05±M Office. of State regulatory programs and Office of Surface Mining Reclamation program amendments since each such and Enforcement, Columbus Field program is drafted and promulgated by 30 CFR Part 935 Office, 4480 Refugee Road, Suite 201, a specific State, not by OSM. Under [OH±234; Amendment Number 63R] Columbus, Ohio 43232, Telephone: sections 503 and 505 of SMCRA (30 (614) 886–0578 U.S.C. 1253 and 1255) and 30 CFR Ohio Regulatory and AML Programs; Ohio Department of Natural Resources, 730.11, 732.15 and 732.17(h)(10), Reduction and Reorganization of Division of Reclamation, 1855 decisions on proposed State regulatory Engineering Staff Fountain Square Court, Building H–3, programs and program amendments Columbus, Ohio 43224, Telephone: submitted by the States must be based AGENCY: Office of Surface Mining (614) 265–6675. solely on a determination of whether the Reclamation and Enforcement (OSM), FOR FURTHER INFORMATION CONTACT: Mr. submittal is consistent with SMCRA and Interior. Robert H. Mooney, Acting Director, its implementing Federal regulations ACTION: Proposed rule; reopening of Columbus Field Office, (614) 866–0578. and whether the other requirements of public comment period. 30 CFR Parts 730, 731, and 732 have SUPPLEMENTARY INFORMATION: been met. SUMMARY: OSM is reopening the public comment period for a proposed I. Background of the Ohio Program National Environmental Policy Act amendment to the Ohio regulatory On August 16, 1982, the Secretary of No environmental impact statement is program and AML program (hereinafter the Interior conditionally approved the required for this rule since section referred to as the Ohio programs) under Ohio programs. Information on the 702(d) of SMCRA [30 U.S.C. 1292(d)] the Surface Mining Control and general background of the Ohio program provides that agency decisions on Reclamation Act of 1977. This submissions, including the Secretary’s proposed State regulatory program amendment is intended to reduce and findings, the disposition of comments, provisions do not constitute major reorganize the engineering staff of the and a detailed explanation of the Federal actions within the meaning of Ohio programs in response to recent conditions of approval of the Ohio section 102(2)(C) of the National drops in Ohio coal production. Ohio has programs, can be found in the August Environmental Policy Act (42 U.S.C. resubmitted this amendment in 10, 1982, Federal Register (47 FR 4332(2)(C)). response to OSM’s deferral of its 34688). Subsequent actions concerning 9318 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules the conditions of approval and program No. OH–2014), with additional (1) Description and Justification of amendments are identified at 30 CFR information on both issues. OSM Engineering Staff Actions 935.11, 935.12, 935.15, and 935.16. announced receipt of this additional Ohio is proposing to have a total of information, along with the explanatory II. Discussion of the Proposed 3.2 full-time engineering staff positions information submitted by Ohio on June Amendments dedicated to its regulatory program. 16, 1993, and reopened the comment These 3.2 positions will be made up of By letter dated March 15, 1993 period for PA 63 in the June 9, 1994, varying percentages of the work hours of (Administrative Record No. OH–1845), Federal Register (59 FR 29748). The 8 employees: 25 percent of 1 Central the Ohio Department of Natural public comment period closed on June Office Engineer, 50 percent of 2 Field Resources, Division of Reclamation 24, 1994. (Ohio) submitted proposed Program In the September 1, 1994, Federal Engineers, 25 percent of 1 Field Amendment Number 63 (PA 63). In that Register (59 FR 45206), the Director of Engineer, 20 percent of 1 Surveyor, and submission, Ohio proposed to reduce OSM partially approved PA 63 but 50 percent of 3 Engineering Specialists. the staff of the Ohio programs by deferred his decision on the engineering This staffing level represents a abolishing 28 existing positions. Ohio portions of the amendment. The reduction of 0.8 full-time staff positions also proposed to reorganize the Director based this decision on Ohio’s from the 4.0 regulatory engineering remaining staff positions to assume the April 21, 1994, letter in which Ohio positions that existed prior to PA 63. existing job duties. The amendment indicated that the reorganization of its Ohio is proposing to have a total of contained no proposed revisions to engineering staff was still underway. 7.2 full-time engineering staff positions Ohio’s coal mining law in the Ohio Ohio stated that the changes to its dedicated to its AML program. These Revised Code or coal mining rules in the engineering staff proposed by Ohio in 7.2 positions will be made up of varying Ohio Administrative Code. the 1993 submissions of PA 63 no percentages of the work hours of 11 OSM announced receipt of the longer accurately reflected Ohio’s employees: 100, 70, and 50 percents of proposed amendment in the April 8, proposed engineering structure. Ohio 3 Central Office Engineers, respectively; 1993, Federal Register (58 FR 18185, was still analyzing the workload and 65 percent of 1 Field Engineer; 45 and, in the same document, opened the functions of its engineering staff. Ohio percent of 2 Field Engineers; 80 percent public comment period and provided an stated that when it has finalized its of 1 Surveyors; 50 percent of 3 opportunity for a public hearing on the proposed engineering staff Engineering Specialists; and 100 percent adequacy of the proposed amendment. configuration, Ohio would resubmit that of 1 Drafting Technician. This staffing The public comment period closed on staff configuration to OSM for review level represents a reduction of 2.8 full- May 10, 1993. and approval. time staff positions from the 10.0 AML OSM and Ohio staff met on May 20, On November 29, 1994, OSM and engineering positions that existed prior 1993, to discuss OSM’s preliminary Ohio staff met to discuss Ohio’s to PA 63. concerns and questions about PA 63. By progress with reorganizing its As justification for these engineering letter dated June 16, 1993 engineering staff (Administrative Record staff changes, Ohio has submitted a (Administrative Record No. OH–1890), No. OH–2071). OSM and Ohio staff met narrative explaining its staffing proposal Ohio submitted additional information again on December 15, 1994 and summarizing the results of an in response to those OSM concerns and (Administrative Record No. OH–2074), engineering workload analysis questions. Through an oversight, OSM at which time Ohio provided several conducted by Ohio with OSM did not reopen the public comment documents describing Ohio’s projection assistance. Ohio has also stated its plans period at that time. of the engineering resources needed to to conduct on-going assessment of any Subsequently, by letter dated support its regulatory prgram. On additional engineering support needed November 2, 1993 (Administrative December 30, 1994, Ohio provided a by its regulatory and ALM programs. Record No. OH–1948), OSM formally similar analysis of the needs of its AML (2) Proposed Table of Organization for provided Ohio with its questions and program (Administrative Record No. Engineering Staff comments on the March 15 and June 16, OH–2089). On January 23, 1995 1993, submissions of PA 63. By letter (Administrative Record No. OH–2084), Ohio has submitted a proposed table dated December 6, 1993 (Administrative OSM provided comments to Ohio on of organization dated January 1995 Record No. OH–1971), Ohio provided these engineering work projections. which shows the proposed 10.4 its responses to OSM’s November 2, By letter dated February 2, 1995 engineering staff positions. 1993, questions and comments. (Administrative Record No. OH–2088), OSM announced receipt of Ohio’s Ohio submitted its revised engineering (3) Proposed Position Descripotion for December 6, 1993, response in the staff configuration as Program Engineering Specialists January 21, 1994, Federal Register (59 Amendment Number 63 Revised (PA Ohio has submitted a proposed FR 3325), and, in the same document, 63R). In this submission, Ohio is Position Description for the three opened the public comment period and proposing to reduce the engineering Engineering Specialist positions which provided an opportunity for a public staff of the Ohio regulatory and AML it plans to create to provide technical hearing on the adequacy of the proposed programs down to 10.4 full-time assistance to its Central Office and Field amendment. The public comment positions by abolishing 3.6 of the 14 Engineers. Ohio has provided an period closed on February 7, 1994. engineering positions which supported explanation of the need for and During its review of Ohio’s December those programs prior to PA 63. As with responsibilities of these positions in the 6, 1993, response, OSM identified two the previous submissions of PA 63, PA narrative portion of PA 63R. concerns regarding engineering 63R contains no proposed revisions to (4) Personnel Table practices and engineering wordload Ohio’s coal mining law in the Ohio which OSM staff communicated to the Revised Code or coal mining rules in the Ohio has submitted a table showing State during a meeting held on April 20, Ohio Administrative Code. how the work percentages of its 10.4 1994 (Administrative Record No. OH– The five major parts of Ohio’s engineering staff positions will be 2012). Ohio responded in a letter dated February 2, 1995, submission of PA 63R distributed between Ohio’s regulatory April 21, 1994 (Administrative Record are described briefly below: and AML programs. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9319 (5) Documents Included by Reference those scheduled. The hearing will end Environmental Policy Act (42 U.S.C. Following the narrative portion of PA after all persons scheduled to comment 4332(2)(C)). and persons present in the audience 63R, Ohio has listed eight documents Paperwork Reduction Act which it considers to be attachments to who wish to comment have been heard. This rule does not contain PA 63R and which include the table of Public Meeting information collection requirements that organization, position description, and require approval by OMB under the personnel table listed above. Ohio If only one person requests an Paperwork Reduction Act (44 U.S.C. provided the other five documents to opportunity to comment at a hearing, a 3507 et seq.). OSM on December 15, 1994 public meeting, rather than a public (Administrative Record No. OH–2074); hearing, may be held. Persons wishing Regulatory Flexibility Act to meet with OSM representatives to Regulatory Workload Assessment, The Department of the Interior has discuss the proposed amendments may Regulatory Workload: Geographic determined that this rule will not have request a meeting at the Columbus Field Distribution–1993, Regulatory Work a significant economic impact on a Office by contracting the person listed Logs-1993, Regulatory ARP Logs-1993) substantial number of small entities under FOR FURTHER INFORMATION and on December 30, 1994 under the Regulatory Flexibility Act (5 CONTACT. (Administrative Record No. OH-2089; All such meetings shall be U.S.C. 601 et seq.). The State submittal AML Workload Analysis). Ohio is open to the public and, if possible, which is the subject of this rule is based including these Administrative Record notices of the meetings will be posted at upon corresponding Federal regulations ADDRESSES. documents in PA 63R by reference. the locations listed under A for which an economic analysis was written summary of each public meeting III. Public Comment Procedures prepared and certification made that will be made a part of the such regulations would not have a In accordance with the provisions of Administrative Record. significant economic effect upon a 30 CFR 732.17(h), OSM is now seeking substantial number of small entities. comment on whether the amendments IV. Procedural Determinations Accordingly, this rule will ensure that proposed by Ohio satisfy the applicable Executive Order 12866 existing requirements previously program approval criteria of 30 CFR promulgated by OSM will be 732.15. If the amendments are deemed This rule is exempted from review by implemented by the State. In making the adequate, they will become part of the the Office of Management and Budget determination as to whether this rule Ohio programs. (OMB) under Executive Order 12866 (Regulatory Planning and Review). would have a significant economic Written Comments impact, the Department relied upon the A. Ohio Regulatory Program Written comments should be specific, data and assumptions for the pertain only to the issues proposed in Executive Order 12778 corresponding Federal regulations. this rulemaking, and include The Department of the Interior has B. Ohio AML Program explanations in support of the conducted the reviews required by commenter’s recommendations. Executive Order 12778 section 2 of Executive Order 12778 Comments received after the time The Department of the Interior has (Civil Justice Reform) and has indicated under DATES or at locations conducted the reviews required by determined that, to the extent allowed other than the Columbus Field Office section 2 of Executive Order 12778 and will not necessarily be considered in the by law, this rule meets the applicable has determined that, to the extent final rulemaking or included in the standards of subsections (a) and (b) of allowed by law, this rule meets the Administrative Record. that section. However, these standards applicable standards of subsections (a) are not applicable to the actual language and (b) of that section. However, these Public Hearing of State regulatory programs and standards are not applicable to the Persons wishing to comment at the program amendments since each such actual language of State and Tribal public hearing should contact the program is drafted and promulgated by abandoned mine land reclamation plans person listed under FOR FURTHER a specific State, not by OSM. Under and revisions thereof since each such INFORMATION CONTACT by 4:00 p.m., sections 503 and 505 of SMCRA (30 plan is drafted and adopted by a specific E.S.T., on March 6, 1995. If no one U.S.C. 1253 and 1255) and 30 CFR State or Tribe, not by OSM. Decisions requests an opportunity to comment at 730.11, 732.15 and 732.17(h)(10), on proposed State and Tribal abandoned a public hearing, the hearing will not be decisions on proposed State regulatory mine land reclamation plans and held. Any disabled individual who has programs and program amendments revisions thereof submitted by a State or need for a special accommodation to submitted by the States must be based Tribe are based on a determination of attend a public hearing should contact solely on a determination of whether the whether the submittal meets the the individual listed under FOR FURTHER submittal is consistent with SMCRA and requirements of Title IV of SMCRA (30 INFORMATION CONTACT. its implementing Federal regulations U.S.C. 1231–1243) and the Federal Filing of a written statement at the and whether the other requirements of regulations at 30 CFR parts 884 and 888. time of the hearing is requested as it 30 CFR parts 730, 731, and 732 have will greatly assist the transcriber. been met. National Environmental Policy Act Submission of written statements in National Environmental Policy Act No environmental impact statement is advance of the hearing will allow OSM required for this rule since agency officials to prepare adequate responses No environmental impact statement is decisions on proposed State and Tribal and appropriate questions. required for this rule since section abandoned mine land reclamation plans The public hearing will continue on 702(d) of SMCRA [30 U.S.C. 1292(d)] and revisions thereof are categorically the specified date until all persons provides that agency decisions on excluded from compliance with the scheduled to comment have been heard. proposed State regulatory program National Environmental Policy Act (42 Persons in the audience who have not provisions do not constitute major U.S.C. 4332) by the Manual of the been scheduled to comment and who Federal actions within the meaning of Department of the Interior [516 DM 6, wish to do so will be heard following section 102(2)(C) of the National appendix 8, paragraph 8.4B(29)]. 9320 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Paperwork Reduction Act DEPARTMENT OF COMMERCE 2. Thursday, March 2, 1995, in Destin, This rule does not contain FL National Oceanic and Atmospheric information collection requirements that Administration ADDRESSES: Comments should be sent require approval by the Office of to, and copies of the Draft amendment Management and Budget under the 50 CFR Part 638 are available from Mr. Terrance R. Paperwork Reduction Act, 44 U.S.C. Leary, Gulf of Mexico Fishery 3507 et seq. [I.D. 020795A] Management Council, 5401 West Regulatory Flexibility Act Kennedy Boulevard, Suite 331, Tampa, Coral and Coral Reefs of the Gulf of FL 33609; FAX: 813–225–7015. The Department of the Interior has Mexico; Public Hearings on Draft determined that this rule will not have Amendment 3 The hearings will be held at the a significant economic impact on a following locations: AGENCY: National Marine Fisheries substantial number of small entities 1. Tampa, FL—Ramada Airport Hotel, under the Regulatory Flexibility Act (5 Service (NMFS), National Oceanic and 5303 West Kennedy Boulevard, Tampa, U.S.C. 601 et seq.). The submittal which Atmospheric Administration (NOAA), FL 33609 is the subject of this rule is based upon Commerce. corresponding Federal regulations for ACTION: Public hearings; request for 2. Destin, FL—Holiday Inn, 1020 which an economic analysis was comments. Highway 98 East, Destin, FL 32540 prepared and certification made that FOR FURTHER INFORMATION CONTACT: such regulations would not have a SUMMARY: The Gulf of Mexico Fishery Terrance R. Leary, Fishery Biologist, significant economic effect upon a Management Council (Council) will substantial number of small entities. convene two public hearings on Draft 813–228–2815. Accordingly, this rule will ensure that Amendment 3 to the Fishery SUPPLEMENTARY INFORMATION: These existing requirements previously Management Plan for Coral and Coral meetings are physically accessible to promulgated by OSM will be Reefs in the Gulf of Mexico. people with disabilities. Requests for implemented. In making the Amendment 3 would close the sign language interpretation or other determination as to whether this rule exclusive economic zone off the Florida auxiliary aids should be directed to Julie would have a significant economic Panhandle to live rock harvest, establish Krebs (see ADDRESSES) by February 22, impact, the Department relied upon the an annual commercial live rock harvest 1995. data and assumptions in the analyses for quota in the Gulf of Mexico, revise trip the corresponding Federal regulations. limits, define an allowable amount of Dated: February 13, 1995. David S. Crestin, List of Subjects in 30 CFR Part 935 base rock for octocoral, and consider allowing a personal use harvest limit in Acting Director, Office of Fisheries Intergovernmental relations, Surface the Gulf. Conservation and Management, National mining, Underground mining. DATES: Written comments on Draft Marine Fisheries Service. Dated: February 9, 1995. Amendment 3 will be accepted until [FR Doc. 95–4035 Filed 2–16–95; 8:45 am] Tim L. Dieringer, March 8, 1995. The hearings are BILLING CODE 3510±22±F Acting Assistant Director, Eastern Support scheduled from 7 p.m. to 10 p.m. as Center. follows: [FR Doc. 95–4065 Filed 2–16–95; 8:45 am] 1. Wednesday, March 1, 1995, in BILLING CODE 4310±05±M Tampa, FL 9321 Notices Federal Register Vol. 60, No. 33 Friday, February 17, 1995 This section of the FEDERAL REGISTER Office of the Secretary needs of the diverse groups served by contains documents other than rules or the Department, membership shall proposed rules that are applicable to the Proposed Establishment of the Ski Fee include, to the extent practicable, public. Notices of hearings and investigations, System Advisory Committee individuals with demonstrated ability to committee meetings, agency decisions and represent minorities, women, and rulings, delegations of authority, filing of AGENCY: Department of Agriculture. petitions and applications and agency persons with disabilities. To achieve a statements of organization and functions are ACTION: Notice; proposed establishment balance of views, members shall examples of documents appearing in this of Advisory Committee. represent the ski industry, ski area section. users, nationally or regionally SUMMARY: This notice announces the recognized environmental or resource proposed establishment of a Federal conservation groups, and employees of DEPARTMENT OF AGRICULTURE advisory committee by the Secretary of State and Federal agencies with Agriculture in accordance with the jurisdiction over matters related to Forms Under Review by Office of provisions of the Federal Advisory skiing, public land management, Management and Budget Committee Act. The purpose of the recreational access to public lands, fish committee is to advise the Secretary on and wildlife conservation, or February 10, 1995. developing a new ski area fee system to environmental protection. Membership The Department of Agriculture has be administered by the Forest Service shall include individuals who have submitted to OMB for review the on National Forest System lands. expertise through their education or following proposal for the collection of EFFECTIVE DATE: This decision is practical experience in ski area permit information under the provisions of the effective February 17, 1995. administration, recreation business Paperwork Reduction Act (44 U.S.C. management, economic sciences, Chapter 35) since the last list was FOR FURTHER INFORMATION CONTACT: natural resources management, or published. This list is grouped into new Questions about this committee should similar disciplines. proposals, revisions, extension, or be addressed to Lyle Laverty, Director, The Secretary has determined that the reinstatements. Each entry contains the Recreation, Heritage, and Wilderness Committee is necessary and in the following information: Resources Staff, Forest Service, USDA, public interest. PO Box 96090, Washington, DC 20090– (1) Agency proposing the information 6090, (202) 205–1706. Dated: February 10, 1995. collection; (2) Title the information Wardell C. Towsend, Jr., SUPPLEMENTARY INFORMATION: The Forest collection; (3) Form number(s), if Assistant Secretary for Administration. applicable; (4) Who will be required or Service is responsible for developing and administering a permit fee system [FR Doc. 95–4042 Filed 2–16–95; 8:45 am] asked to report; (5) An estimate of the BILLING CODE 3410±11±M number of responses; (6) An estimate of based on fair market value for the use of National Forest System lands by ski the total number of hours needed to areas, and is developing a revised ski fee provide the information; (7) Name and system to more closely reflect fair Limited Global Cotton Import Quota telephone number of the agency contact market value. The Secretary of Announcement person. Agriculture (Secretary) proposed to AGENCY: Office of the Secretary, USDA. Questions about the items in the establish the Ski Fee System Advisory listing should be directed to the agency Committee (Committee) in accordance ACTION: Notice. person named at the end of each entry. with the provisions of the Federal SUMMARY: A limited global import quota Copies of the proposed forms and Advisory Committee Act (FACA) (5 supporting documents may be obtained for upland cotton equal to 193,632,858 U.S.C. app.), for the purpose of advising kilograms (426,887,727 pounds) is from: Department Clearance Officer, the Secretary during the development of USDA, OIRM, Room 404–W Admin. established in accordance with section the new ski fee system. This advice will 103B(n) of the Agricultural Act of 1949, Bldg., Washington, DC., 20250, (202) include: consideration of diverse 690–2118. as amended (1949 Act). This quota is interests in the development of a new covered under Presidential Revision ski fee system; the methodologies Proclamation 6301 of June 7, 1991, and selected and employed by the Forest • is referenced as the Secretary of Agricultural Marketing Service Service in developing a new ski fee Agriculture’s Limited Global Cotton Cotton Classing, Testing, and Standards system based on fair market value; Import Quota Announcement, chapter implementation options the agency CN–246, CN–247, CN–248, CN–357 99, subchapter III, subheading might consider; and other matters 9903.52.00 of the Harmonized Tariff Individuals or households; Businesses relating to the new ski area fee system Schedule (HTS). or other for-profit; 1299 responses; as deemed necessary by the Secretary. 115 hours. The Secretary shall appoint the DATES: The quota is established for the 90-day period beginning on January 6 Elvis W. Morris, (901) 766–2921. members of the Committee. Equal opportunity practices in line with and ending on April 6, 1995. Larry K. Roberson, USDA policies will be followed in all FOR FURTHER INFORMATION CONTACT: Deputy Departmental Clearance Officer. appointments to the Committee. To Janise Zygmont, Consolidated Farm [FR Doc. 95–4040 Filed 2–16–95; 8:45 am] ensure that the recommendations on the Service Agency, United States BILLING CODE 3410±01±M Committee have taken into account the Department of Agriculture, Room 3756– 9322 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices S, PO Box 2415, Washington, DC SUMMARY: This Notice is to announce Sumter National Forest are scheduled to 20013–2415 or call 202–720–8841. the U.S. Forest Service’s participation in complete the drafts of their Analysis of SUPPLEMENTARY INFORMATION: The 1949 the preparation of the Southern the Management Situation between Act requires that a limited global import Appalachian Assessment (SAA). This October 1995 and January 1996. During quota for upland cotton be determined Assessment is being prepared by the this same time period, these Forests are and announced immediately whenever U.S. Forest Service (the Southern scheduled to issue their Notices of the average price of the base quality of Region of the National Forest System Intent to Prepare an Environmental upland cotton in the designated spot and the Southeastern Forest Experiment Impact Statement (NOI) for their markets for a month exceeds 130 Station) in cooperation with the other Revised Land and Resource percent of the average price of such Federal agencies that are members of Management Plans. A Revised NOI for quality of cotton in such markets for the SAMAB (Southern Appalachian Man the Jefferson National Forest will also be preceding 36 months. The limited global and the Biosphere Cooperative). It will issued during this time period. import quota means a quantity of include national forest lands of the ADDRESSES: Requests for information, imports that is not subject to the over- George Washington, Jefferson, and comments concerning this notice quota tariff rate of a tariff-rate quota. Nantahala-Pisgah, Cherokee, and can be sent to: The December 1994 spot market average Chattahoochee National Forests; and Director, Planning and Budget, USDA– for base quality cotton was 81.92 cents parts of the Sumter and Talladega Forest Service, 1720 Peachtree Rd. per pound, which is 136 percent of the National Forests. Also involved will be NW, Atlanta, Georgia 30367–9102. 60.06 cents-per-pound average of the National Park Service lands in the Great Co–Team Leader, Southern Appalachian previous 36-month period from Smoky Mountains National Park, Assessment, USDA–Forest Service, December 1991 through November Shenandoah National Park, and the Blue 1720 Peachtree Rd. NW, Atlanta, 1994. Ridge Parkway. Georgia 30367–9102. This Notice also announces the The 1949 Act requires that if a quota Forest Supervisor, National Forests in beginning of the efforts to revise the has been established under the authority Alabama, 2946 Chestnut, Land and Resource Management Plans of section 103(B)(n) during the Montgomery, Alabama 36107–3010. (Forest Plans) for the National Forests in Forest Supervisor, Chattahoochee- preceding 12 months, the quantity of the Alabama, the Chattahoochee-Oconee, Oconee NFs, 508 Oak Street, NW, quota shall be the smaller of 21 days of the Cherokee, and the Sumter National Gainesville, Georgia 30501. domestic mill consumption at the Forests. This is not the ‘‘Notice of Forest Supervisor, Cherokee NF, 2800 seasonally-adjusted average rate of the Intent’’ (NOI) for the Environmental N. Oconee St. NE, P.O. Box 2010, most recent 3 months for which data are Impact Statements that will accompany Cleveland, Tennessee 37320–2010. available (21-day supply) or the quantity the Revised Forest Plans. Those NOIs Forest Supervisor, Francis Marion- required to increase supply to 130 will be issued at a later date. Sumter NFs, 4931 Broad River, percent of demand. Since the 21-day The Southern Appalachian Columbia, South Carolina 29210– supply is smaller than the amount Assessment will support and facilitate 4021. needed to increase supply to 130 ecosystem management decisions to be Forest Supervisor, George Washington percent of demand, the quota is equal to made in Forest Plan revisions. As the NF, P.O. Box 233, Harrison Plaza, 21 days of domestic mill consumption National Forests in the Southern Harrisonburg, Virginia 22801. of upland cotton at the seasonally- Appalachians are conducting their local Forest Supervisor, Jefferson NF, 5162 adjusted average rate for the period efforts to describe their ‘‘Analysis of the Valley Pointe Parkway, Roanoke, September through November 1994. The Management Situation’’ (AMS), they Virginia 24019–3050. quota is not divided by staple length or will also be providing information for Forest Supervisor, National Forests in by country of origin. The quota does not the larger scale Southern Appalachian North Carolina, 100 Post and Otis affect existing tariff rates or Assessment. Streets, P.O. Box 2750, Asheville, phytosanitary regulations. The Assessment will be used to help North Carolina 28802. Authority: 7 U.S.C. 1444–2 (n) and U.S. determine each National Forests’ ‘‘Need FOR FURTHER INFORMATION CONTACT: For Note 6(b), Subchapter III, Chapter 99 of the for Change’’ section of their AMS. This more information concerning this notice HTS. information will then be used to publish contact: Gary Pierson, Director of Signed at Washington, DC, on February 10, the Notices of Intent to prepare the Planning and Budget, Southern Region. 1995. Environmental Impact Statements, For more information on the Southern Richard E. Rominger, which will begin the NEPA (National Appalachian Assessment contact: Acting Secretary. Environmental Policy Act) processes Forrest Carpenter, Co-Team Leader, [FR Doc. 95–4041 Filed 2–16–95; 8:45 am] associated with each Forest Plan Southern Region. For more information from the BILLING CODE 3410±05±P revision. Public involvement is critical individual National Forests contact: throughout these processes and it will Rick Morgan, Planning Team Leader, Forest Service be requested and accepted continually National Forests in Alabama throughout these efforts. Formal public Caren Briscoe, Planning Staff Officer, Notice of the Preparation of the involvement with the Forest Plan Chattahoochee-Oconee NF Red Anderson, Planning Team Leader, Southern Appalachian Assessment, revision efforts will also be conducted and the Beginning of the Forest Plan Cherokee NF through ‘‘Scoping’’, following the Dave Plunkett, NEPA Coordinator, Revision Efforts for the National issuance of the National Forests NOIs. Forests in Alabama, Chattahoochee- George Washington NF Oconee, Cherokee, and Sumter DATES: The Southern Appalachian Nacy Ross, Planning Team Leader, National Forests Assessment is scheduled to be Jefferson NF completed by January 1996. Larry Hayden, Planning Team Leader, AGENCY: Forest Service, USDA. The National Forests in Alabama, the Nantahala-Pisgah NF Chattahoochee-Oconee National Forests, Richard Shelfer, Planning Team Leader, ACTION: Notice. the Cherokee National Forest, and the Sumter NF Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9323 SUPPLEMENTARY INFORMATION: 2. Beginning of the Forest Plan Revision will ‘‘delay’’ revising National Forest Efforts for the National Forests in Land and Resource Management Plans The Southern Region of the National Alabama, the Chattahoochee-Oconee, in the Southern Appalachians. Forest System and the Southeastern the Cherokee, and the Sumter National However, the SAA is being conducted Forest Experiment Station, in Forests concurrently, and in support of, the cooperation with the other Federal This Notice announces that the forest plan revisions. agencies that are members of the National Forests in Alabama, the Many of the information needs for the Southern Appalachian Man and the Chattahoochee-Oconee National Forests, Forest AMSs and for the SAA are the Biosphere Cooperative (SAMAB, i.e., the Cherokee National Forest, and the same. The Assessment will support the the Environmental Protection Agency, Sumter National Forest either have revision of the LRMPs by determining the Forest Service, the Fish and Wildlife already started or are beginning efforts how the lands, resources, people and Service, the National Park Service, the to revise their Land and Resource management of the National Forests Tennessee Valley Authority, the Management Plans (LRMP). These interrelate within the larger context of Geological Survey, the Department of Forests are each in the process of the Southern Appalachian area. The Energy Oak Ridge National Laboratory, preparing their Analysis of the SAA, however, will not be a ‘‘decision document’’ and it will not involve the the Economic Development Management Situation (AMS), one of NEPA process. As broad-scale issues are Administration, and the National the first steps in the revision process. This step includes updating resource identified and addressed at the sub- Biological Survey) have begun regional level in the Assessment, the conducting a Southern Appalachian inventories, defining the current situation, estimating supply capabilities individual National Forest’s role in Assessment (SAA). The Assessment will resolving those broad-scale issues will include the national forest lands of the and resource demands, and determining the ‘‘Need for Change’’ (36 CFR become a part of the ‘‘need for change’’ George Washington, Jefferson, at the Forest level. Nantahala-Pisgah, Cherokee, and 291.12(e)(5)). Chattahoochee National Forests, and 3. Public Involvement in Developing the 6. Issuing the Notice of Intent to parts of the Sumter and Talladega ‘‘Need for Change’’ in an AMS Prepare an EIS National Forests. The Assessment will Determining the concerns and The National Forests identified above also include National Park Service lands expectations of National Forest will issue their NOIs when enough in the Great Smoky Mountains National constituents and getting public input on information from the SAA is available Park, Shenandoah National Park, and how well current forest plans are for them to develop the ‘‘Need for the Blue Ridge Parkway. working, or not working, are critical Change’’ section of their Draft AMS. The elements of describing the ‘‘need to Draft AMSs are scheduled to be The Assessment will facilitate an completed between October 1995 and interagency ecological approach to change’’ a forest plan. An integral part of determining the need for change is January 1996. Their NOIs are also management in the Southern scheduled to be issued during this same Appalachian area by collecting and public involvement. Each of the National Forests described above either time period. analyzing broad-scale biological, have already, or will soon contact their Each NOI will include a description physical, social and economic data to interested public to solicit their of a preliminary ‘‘Proposed Action’’ and serve as a foundation for more local participation in this step of the forest of some preliminary alternatives. natural resource management decisions. plan revision process. Scoping to receive public comments on The Assessment will be organized the preliminary proposed action and around four ‘‘themes’’—(1) Terrestrial 4. Relationship Between the AMS and preliminary alternatives will begin (which includes the Health of Forest a Notice of Intent To Prepare an following the publication of the NOIs. Ecosystems, and Plant and Animal Environmental Impact Statement These public comments will be used to Resources); (2) Aquatic Resources; (3) In the past, a ‘‘Notice of Intent to further refine the ‘‘Proposed Action’’ Air Quality and (4) the Human Prepare an Environmental Impact and the preliminary alternatives, to Dimension of Ecosystems (which Statement’’ (NOI) was issued at the possibly identify additional alternatives, includes Communities and Human beginning of the forest planning process, and to finalize the AMS and the ‘‘Need Influences; Roadless Areas and including before the development of the for Change’’. AMS. Wilderness; Recreation, Wildlife and 7. Status of the Jefferson, George This time, we are first defining the Fish Supply and Demand; and the Washington, and Nantahala-Pisgah current situation and an initial ‘‘need Timber Economy of the Southern for change’’ in a Draft AMS, and then National Forests Appalachians). issuing a NOI prior to developing The Jefferson National Forest, which Public comment on the SAA process alternatives. This will allow us to is also currently working on its Revised began with a series of open town hall incorporate a more definable ‘‘Proposed LRMP, previously issued a Notice of meetings held in Asheville, NC; Action’’ and ‘‘Purpose and Need’’ into Intent to Prepare an Environmental Gainesville, GA; and Roanoke, VA in our NOIs, which will begin the formal Impact Statement for its Revised LRMP August 1994. In addition, interested NEPA process of preparing the on June 28, 1993. A Revised NOI for the members of the public were asked for Environmental Impact Statements (EIS) Forest will be issued between October further written comments to be received that will accompany the Revised Land 1995 and January 1996, to coincide with by September 15. As the Assessment and Resource Management Plans. the NOIs issued for the other National progresses, continued public Forests in the Southern Appalachians. 5. Relationship Between the Southern The George Washington National involvement will be facilitated through Appalachian Assessment and the additional meetings and newsletters. Forest completed its Final Revised Process for Revising the Southern Forest Plan on January 21, 1993, and the Appalachian National Forests’ LRMPs Nantahala-Pisgah National Forests The public has expressed concern that completed a significant amendment, the Southern Appalachian Assessment Amendment 5 to their Land and 9324 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Resource Management Plan on March Dated: February 13, 1995 Delaware. Information from sampling 18, 1994. These two forests are not Carlos Montoulieu the population of striped bass shows an currently involved in the revision Acting Deputy Assistant Secretary for increased relative abundance from process. However, if information from Environmental Technologies Exports recent year classes. Copies of the survey the Southern Appalachian Assessment [FR Doc. 95–3997 Filed 2–16–95; 8:45 am] are available upon request (see identifies conditions requiring additions BILLING CODE 3510±DR±P ADDRESSES). or changes to these plans to ensure Dated: February 13, 1995. consistency between the National Richard H. Schaefer, National Oceanic and Atmospheric Forests in the Southern Appalachians, Office of Fisheries Conservation and then amendments to these plans could Administration Management, National Marine Fisheries be considered. [I.D. 021095B] Service. [FR Doc. 95–4037 Filed 2–16–95; 8:45 am] 8. The Responsible Official Atlantic Striped Bass Fishery; 1993 BILLING CODE 3510±22±F The Responsible Official for the Survey of Atlantic Striped Bass Revised Land and Resource Fisheries Monterey Bay National Marine Management Plans for the National AGENCY: National Marine Fisheries Sanctuary Advisory Council; Meeting Forests in the Southern Appalachians is Service (NMFS), National Oceanic and Robert C. Joslin, Regional Forester, Atmospheric Administration (NOAA), AGENCY: Sanctuaries and Reserves Southern Region, 1720 Peachtree Road Commerce. Division (SRD), Office of Ocean and NW, Atlanta, Georgia 30367. ACTION: Summary and notice of Coastal Resource Management (OCRM), Dated: February 13, 1995. availability of survey results. National Ocean Service (NOS), Nation R. Gary Pierson, Oceanic and Atmospheric SUMMARY: NMFS announces the Administration (NOAA), Department of Acting Deputy Regional Forester. availability and summarizes the results Commerce. [FR Doc. 95–4000 Filed 2–16–95; 8:45 am] of a survey of the Atlantic coast striped ACTION: Monterey Bay National Marine BILLING CODE 3410±11±M bass fisheries for 1993. The Atlantic Sanctuary Advisory Council open Striped Bass Conservation Act (the Act), meeting. requires NMFS to provide information on the status of the fisheries. SUMMARY: The Advisory Council was DEPARTMENT OF COMMERCE ADDRESSES: Copies of the survey results established in December 1993 to advise are available from William T. Hogarth, NOAA’s Sanctuaries and Reserves International Trade Administration NOAA/NMFS/FCM3, 1315 East-West Division regarding the management of Highway, Room 14837 Silver Spring, the Monterey Bay National Marine Notice of Environmental Technologies MD 20910. Sanctuary. Trade Advisory Committee (ETTAC) FOR FURTHER INFORMATION CONTACT: TIME AND PLACE: Friday, February 24, Meeting William T. Hogarth, (301) 713–2347. 1995, from 8:30 until 5:00. The meeting will be held at the Pacific Grove Natural ACTION: Notice of Open Meeting. SUPPLEMENTARY INFORMATION: The Act requires the Secretary of History Museum, 165 Forest Avenue Commerce and the Secretary of the (intersection of Forest Avenue and SUMMARY: Pending availability of the Central Avenue), Pacific Grove, Environmental Technologies Trade Interior to conduct a comprehensive annual survey of the Atlantic striped California. Advisory Committee (ETTAC) members, bass fisheries. The following is a AGENDA: General issues related to the ETTAC will hold its next meeting to summary of the survey for 1993. Monterey Bay National Marine discuss future projects and current Management measures restricting the Sanctuary are expected to be discussed, issues which influence the export of harvest of striped bass by commercial including a report from Fort Ord U.S. environmental technologies. and recreational fisheries remained in officials concerning the former marine DATES: Monday, March 13, 1995, 9:00 place during 1993, as the stocks impact areas, a discussion of Moss am–4:00 pm. continue to rebuild. Landing Harbor contaminant issues, a The 1993 commercial harvest of discussion of Piedras Blancas elephant ADDRESSES: The meeting will be held at striped bass was 1,695,000 lb (769.5 mt), seal harassment, a Sanctuary update, the U.S. Department of Commerce, an increase of 0.2 percent above the and reports from working groups. Room 4830, 14th Street and landings of 1,692,000 lb in 1992. The PUBLIC PARTICIPATION: The meeting will Constitution Avenue NW., Washington, Chesapeake Bay area (Maryland, be open to the public. Seats will be DC 20230. Virginia, and the Potomac River) available on a first-come, first-served PUBLIC PARTICIPATION: The meeting will accounted for 72 percent of the 1993 basis. be open to the public. Seating is limited commercial landings. The recreational FOR FURTHER INFORMATION CONTACT: and will be on a first come, first serve catch in 1993 was an estimated 5.6 Scott Kathey at (408) 647–4201 or basis. million striped bass, of which 561,000 Elizabeth Moore at (301) 713–3141. were harvested; the remaining 5.1 FOR FURTHER INFORMATION CONTACT: million, were released alive. The Federal Domestic Assistance Catalog Number Anne Alonzo, Office of Environmental estimated weight of the recreational 11.429 Marine Sanctuary Program Technologies Exports, Room 4324, U.S. harvest was 6.7 million lb (2,986.1 mt), Dated: February 13, 1995. Department of Commerce, 14th Street about four times that of the commercial W. Stanley Wilson, and Constitution Avenue, NW, harvest. Assistant Administrator, for Ocean Services Washington, DC 20230, phone (202) Juvenile production in 1993 was and Coastal Zone Management. 482–5225, facsimile (202) 482–5665, above the long-term averages for [FR Doc. 95–4016 Filed 2–16–95; 8:45 am] TDD 1–800–833–8723. Maryland, North Carolina, Virginia, and BILLING CODE 3510±08±M Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9325 [I.D. 020995A] 4. National review of overfishing FOR FURTHER INFORMATION CONTACT: definitions; Lawrence D. Six, Executive Director, Pacific Fishery Management Council; 5. Appointments; Pacific Fishery Management Council, Meetings 6. Revisions to Council rules and 2130 SW. Fifth Avenue, Suite 224, AGENCY: National Marine Fisheries procedures; and Portland, OR 97201; telephone: (503) Service (NMFS), National Oceanic and 7. April 1995 agenda. 326–6352. Atmospheric Administration (NOAA), E. Coastal Pelagic Species Management SUPPLEMENTARY INFORMATION: This Commerce. meeting is physically accessible to 1. Final action on management ACTION: Notice of public meetings. people with disabilities. Requests for approach; and sign language interpretation or other SUMMARY: The Pacific Fishery 2. Review of overfishing definition. auxiliary aids should be directed to Management Council (Council) and its F. Pacific Halibut Management Michelle Perry Sailer at (503) 326–6352, advisory entities will hold a public at least 5 days prior to the meeting date. meeting on March 6–10, 1995, at the 1. Status of implementation of catch Dated: February 13, 1995. Holiday Inn and Conference Center, 275 sharing plan; South Airport Boulevard, South San 2. Results of the International Pacific David S. Crestin, Francisco, CA 94080; telephone: (415) Halibut Commission annual meeting; Acting Director, Office of Fisheries 873–3550. The Council meeting will 3. Proposed halibut/chinook ratio for Conservation and Management, National Marine Fisheries Service. begin on March 7, 1995, at 8:00 a.m. in the 1995 troll fishery; and a closed session (not open to the public) 4. Update on estimate of bycatch. [FR Doc. 95–4036 Filed 2–16–95; 8:45 am] to discuss personnel matters and G. Groundfish Management BILLING CODE 3510±22±F litigation. The open session begins at 1. Status of Federal regulations; 8:30 a.m. The Council will reconvene at 2. Consistency of state setnet closure 8:00 a.m. each day, March 8 through COMMITTEE FOR PURCHASE FROM in the exclusive economic zone off March 10, and may continue sessions PEOPLE WHO ARE BLIND OR Southern California with Groundfish each day into the evening hours, if SEVERELY DISABLED Plan; necessary, to complete business. The following items are on the 3. Progress report on the Oregon Procurement List Additions Council agenda: Trawl Observer Program; and 4. Groundfish analytical work load AGENCY: Committee for Purchase From A. Call to Order and Groundfish Management Team People Who Are Blind or Severely Disabled. 1. Opening remarks, introductions, Work Plan. ACTION: Additions to the Procurement roll call; Other Meetings 2. Proposed agenda; and List. The Scientific and Statistical 3. Approve minutes of October 1994 SUMMARY: This action adds to the meeting. Committee will meet on March 6, at 1:00 p.m., to address scientific issues on Procurement List commodities and B. Salmon Management the Council agenda. services to be furnished by nonprofit 1. Review of 1994 fisheries and The Salmon Technical Team will agencies employing persons who are summary of 1995 stock abundance meet, as necessary (irregular hours), blind or have other severe disabilities. EFFECTIVE DATE: March 20, 1995. estimates; throughout the week, March 6–10, to 2. Endangered Species Act prepare impact analyses of the proposed ADDRESSES: Committee for Purchase considerations for 1995; salmon management measures for 1995. From People Who Are Blind or Severely 3. Preliminary definition of 1995 The Salmon Advisory Subpanel will Disabled, Crystal Square 3, Suite 403, management options; meet on March 6, at 9:00 a.m., and at 1735 Jefferson Davis Highway, 4. Adoption of 1995 management 8:00 a.m. each day thereafter through Arlington, Virginia 22202–3461. options for Salmon Technical Team March 10, to address salmon FOR FURTHER INFORMATION CONTACT: analysis management items on the Council Beverly Milkman, (703) 603–7740. 5. Status report on escapement agenda. SUPPLEMENTARY INFORMATION: On estimation methodology for Oregon The Habitat Steering Group will meet September 30 and December 30, 1994, coastal natural coho salmon; on March 6, at 10:00 a.m., to consider the Committee for Purchase From 6. Review of overfishing definition; activities affecting the habitat of fish People Who Are Blind or Severely 7. Adopt 1995 management options stocks managed by the Council. Disabled published notices (59 FR for public review; and The Legislative Committee will meet 8. Schedule of hearings and 49913 and 67703) of proposed additions on March 6, at 1:00 p.m., to discuss appointment of hearing officers to the Procurement List. reauthorization of the Magnuson Act After consideration of the material C. Habitat Issues and other legislative issues impacting presented to it concerning capability of 1. Report of the Habitat Steering Council activities. qualified nonprofit agencies to provide Group. The Budget Committee will meet on the commodities and services, fair March 6, at 3:00 p.m., to review the market price, and impact of the D. Administrative Matters and Other status of the fiscal year 1995 Council additions on the current or most recent Matters budget and other related issues. contractors, the Committee has 1. Report of the Budget Committee; The Enforcement Consultants will determined that the commodities and 2. Report of the Legislative Committee meet on March 7, at 7:00 p.m., to services listed below are suitable for on Magnuson Fishery Conservation and address enforcement issues related to procurement by the Federal Government Management Act (Magnuson Act) Council agenda items. under 41 U.S.C. 46–48c and 41 CFR 51– amendments; Detailed agendas for the above 2.4. 3. Marine Mammal Protection Act advisory meetings will be available after I certify that the following action will implementation plans; February 24, 1995. not have a significant impact on a 9326 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices substantial number of small entities. and to delete commodities and a service NPA: Lakeview Center, Inc., Pensacola, The major factors considered for this previously furnished by such agencies. Florida certification were: COMMENTS MUST BE RECEIVED ON OR Vehicle Maintenance 1. The action will not result in any BEFORE: March 20, 1995. McClellan Air Force Base, California additional reporting, recordkeeping or ADDRESSES: Committee for Purchase NPA: PRIDE Industries, Roseville, other compliance requirements for small From People Who Are Blind or Severely California entities other than the small Disabled, Crystal Square 3, Suite 403, Deletions organizations that will furnish the 1735 Jefferson Davis Highway, I certify that the following action will commodities and services to the Arlington, Virginia 22202–3461. Government. not have a significant impact on a FOR FURTHER INFORMATION CONTACT: 2. The action does not appear to have substantial number of small entities. Beverly Milkman (703) 603–7740. a severe economic impact on current The major factors considered for this contractors for the commodities and SUPPLEMENTARY INFORMATION: This certification were: services. notice is published pursuant to 41 1. The action will not result in any 3. The action will result in U.S.C. 47(a) (2) and 41 CFR 51–2.3. Its additional reporting, recordkeeping or authorizing small entities to furnish the purpose is to provide interested persons other compliance requirements for small commodities and services to the an opportunity to submit comments on entities. Government. the possible impact of the proposed 2. The action does not appear to have 4. There are no known regulatory actions. a severe economic impact on future alternatives which would accomplish Additions contractors for the commodities and the objectives of the Javits-Wagner- service. If the Committee approves the O’Day Act (41 U.S.C. 46–48c) in 3. The action will result in proposed addition, all entities of the connection with the commodities and authorizing small entities to furnish the Federal Government (except as services proposed for addition to the commodities and service to the otherwise indicated) will be required to Procurement List. Accordingly, the Government. procure the services listed below from 4. There are no known regulatory following commodities and services are nonprofit agencies employing persons alternatives which would accomplish hereby added to the Procurement List: who are blind or have other severe the objectives of the Javits-Wagner- Commodities disabilities. O’Day Act (41 U.S.C. 46–48c) in I certify that the following action will Tray, Repositional Note Pad connection with the commodities and not have a significant impact on a 7520–01–207–4351 service proposed for deletion from the substantial number of small entities. 7520–01–166–0878 Procurement List. The major factors considered for this The following commodities and Services certification were: service have been proposed for deletion Grounds Maintenance, Military Family 1. The action will not result in any from the Procurement List: additional reporting, recordkeeping or Housing, Kelly Air Force Base, Texas Commodities Janitorial/Custodial, Foley Federal other compliance requirements for small Gown, Operating, Surgical Building and U.S. Courthouse, 300 entities other than the small organizations that will furnish the 6532–01–058–2518 Las Vegas Boulevard, Las Vegas, 6532–01–058–2519 Nevada. services to the Government. 2. The action does not appear to have 6532–01–058–2520 This action does not affect current a severe economic impact on current 6532–01–058–2521 contracts awarded prior to the effective contractors for the services. 6532–01–058–2522 date of this addition or options 3. The action will result in 6532–01–058–2523 exercised under those contracts. authorizing small entities to furnish the 6532–01–058–2524 6532–01–058–2525 Beverly L. Milkman, services to the Government. Executive Director. 4. There are no known regulatory Service [FR Doc. 95–4053 Filed 2–16–95; 8:45 am] alternatives which would accomplish Janitorial/Grounds Maintenance, U.S. BILLING CODE 6820±33±P the objectives of the Javits-Wagner- Coast Guard Loran Station, Malone, O’Day Act (41 U.S.C. 46–48c) in Florida. connection with the services proposed Beverly L. Milkman, for addition to the Procurement List. COMMITTEE FOR PURCHASE FROM Comments on this certification are Executive Director. PEOPLE WHO ARE BLIND OR invited. Commenters should identify the [FR Doc. 95–4054 Filed 2–16–95; 8:45 am] SEVERELY DISABLED statement(s) underlying the certification BILLING CODE 6820±33±P PROCUREMENT LIST on which they are providing additional information. Proposed Additions and Deletions The following services have been Procurement List Additions AGENCY: Committee for Purchase From proposed for addition to Procurement AGENCY: Committee for Purchase From People Who Are Blind or Severely List for production by the nonprofit People Who Are Blind or Severely Disabled. agencies listed: Disabled. ACTION: Proposed additions to and Food Service Attendant ACTION: Additions to the Procurement deletions from procurement list. VA Medical Center List. West Palm Beach, Florida SUMMARY: The Committee has received NPA: Gulfstream Goodwill Industries, SUMMARY: This action adds to the proposals to add to the Procurement List Inc., West Palm Beach, Florida Procurement List commodities to be services to be furnished by nonprofit Operation of Publication Distribution furnished by nonprofit agencies agencies employing persons who are Office employing persons who are blind or blind or have other severe disabilities, Eglin Air Force Base, Florida have other severe disabilities. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9327 EFFECTIVE DATE: March 20, 1995. 4. There are no known regulatory 0900–1600, March 7, 1995. 0900–1200, March 8, 1995. ADDRESSES: Committee for Purchase alternatives which would accomplish From People Who Are Blind or Severely the objectives of the Javits-Wagner- Place: Aberdeen Proving Grounds, MD. O’Day Act (41 U.S.C. 46–48c) in Agenda: The Army Science Board (ASB) Disabled, Crystal Square 3, Suite 403, Analysis, Test and Evaluation Issue Group 1735 Jefferson Davis Highway, connection with the commodities proposed for addition to the will hold a meeting on ‘‘The Impact of Arlington, Virginia 22202–3461. Personnel Reductions on Mission Procurement List. FOR FURTHER INFORMATION CONTACT: Accomplishment Within the Army Accordingly, the following Beverly Milkman, (703) 603–7740. Analytical Community.’’ This meeting will commodities are hereby added to the be open to the public. Any interested person SUPPLEMENTARY INFORMATION: On July Procurement List: may attend, appear before, or file statements 15, 1994, the Committee for Purchase Transparency Film, Xerographic with the committee at the time and in the From People Who Are Blind or Severely 7530–00–NIB–0099 (Clear) manner permitted by the committee. The Disabled published notice (59 FR 36169) 7530–00–NIB–0100 (Color) ASB Administrative Officer, Sally Warner, of proposed addition to the Procurement 7530–00–NIB–0101 (Clear w/strip). may be contacted for further information at (703) 695–0781. List. This action does not affect current Sally A. Warner, Comments were received from one of contracts awarded prior to the effective the current contractors, which indicated date of this addition or options Administrative Officer, Army Science Board. that addition of these transparency films exercised under those contracts. [FR Doc. 95–4218 Filed 2–16–95; 8:45 am] to the Procurement List would have a BILLING CODE 3710±08±M Beverly L. Milkman, severe impact on the company due to lost sales and loss of the ability to Executive Director. purchase raw materials in large enough [FR Doc. 95–4052 Filed 2–16–95; 8:45 am] Department of the Navy quantities to get more favorable prices BILLING CODE 6820±33±P from its suppliers. The percentage of the Notice of Intent to Prepare an company’s sales which it would lose is Environmental Impact Statement/ not large enough, in the Committee’s DEPARTMENT OF DEFENSE Environmental Impact Report for judgement, to constitute severe adverse Treated Effluent Disposal from Marine impact on the contractor. The contractor Department of the Army Corps Base Camp Pendleton to the City of Oceanside, California did not indicate how great an impact it Army Science Board; Notice of Closed would sustain by purchasing raw Meeting Pursuant to the National materials in lesser quantities, except to Environmental Policy Act as speculate that it could be placed at a In accordance with Section 10(a)(2) of implemented by Council on great competitive disadvantage in both the Federal Advisory Committee Act Environmental Quality regulations (40 the commercial and Government (P.L. 92–463), announcement is made of CFR Parts 1500–1508), and pursuant to markets. Accordingly, the Committee the following Committee Meeting: the California Environmental Quality has concluded that even if this impact Name of Committee: Army Science Board Act (CA Public Resources Code Sec et. is added to the sales loss, the contractor (ASB). seq. 21000) the U.S. Marine Corps and will not suffer severe adverse impact as Date of Meeting: March 7, 1995. City of Oceanside intend to prepare a a result of addition of these Time of Meeting: 1000–1600. joint Environmental Impact Statement/ transparency films to the Procurement Place: Pentagon—Washington, DC. Environmental Impact Report (EIS/EIR) List. Agenda: The Army Science Board’s Acquisition Reform Issue Group will meet to to evaluate the environmental effects of After consideration of the material the disposal of treated effluent from five presented to it concerning capability of discuss the analysis of ‘‘Industry Data Concerning Their Management and Oversight existing sewage treatment plants at qualified nonprofit agencies to provide Costs.’’ This meeting will be closed to the Marine Corps Base (MCB) Camp the commodities, fair market price, and public in accordance with Section 552b(c) of Pendleton to the City of Oceanside, impact of the addition on the current or Title 5 U.S.C., specifically subparagraph (4) California. most recent contractors, the Committee thereof, and Title 5, U.S.C., Appendix 2, The proposed action would construct has determined that the commodities subsection 10(d). The proprietary matters to two new sewage pipelines to connect listed below are suitable for be discussed are so inextricably intertwined five existing sewage treatment plants in procurement by the Federal Government so as to preclude opening any portion of the meeting. The ASB Administrative Officer, the Santa Margarita Basin in MCB Camp under 41 U.S.C. 46–48c and 41 CFR 51– Pendleton to existing sewage outfalls in 2.4. I certify that the following action Sally Warner, may be contacted for further information at (703) 695–0781. the City of Oceanside. One proposed will not have a significant impact on a pipeline would transport treated substantial number of small entities. Sally A. Warner, Administrative Officer, Army Science Board. effluent from three existing sewage The major factors considered for this treatment plants at MCB Camp [FR Doc. 95–4216 Filed 2–16–95; 8:45 am] certification were: Pendleton to the existing outfall serving 1. The action will not result in any BILLING CODE 3710±08±M the La Salina sewage treatment plant in additional reporting, recordkeeping or Army Science Board; Notice of Open the City of Oceanside. A second other compliance requirements for small Meeting proposed pipeline would transport entities other than the small treated effluent from two existing organizations that will furnish the In accordance with Section 10(a)(2) of sewage treatment plants at MCB Camp commodities to the Government. the Federal Advisory Committee Act Pendleton to the existing outfall serving 2. The action does not appear to have (P.L. 92–463), announcement is made of the San Luis Rey sewage treatment plant a severe economic impact on current the following Committee Meeting: in the City of Oceanside. All effluent contractors for the commodities. Name of Committee: Army Science Board from these pipelines at MCB Camp 3. The action will result in (ASB). Pendleton would then be transported for authorizing small entities to furnish the Date of Meeting: March 7 and 8, 1995. ocean disposal via existing City of commodities to the Government. Time of Meeting: Oceanside land and ocean outfalls. No 9328 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices additional treatment of MCB Camp Dated: February 13, 1995. ER94–152–000. Copies of North Pendleton effluent would be provided Robert Watkins, American’s informational filing are on by City of Oceanside sewage treatment Colonel, USMC, Head, Land Use and Military file with the Commission and are plants. Construction Branch, Facilities and Services available for public inspection. Division, Installations and Logistics Alternatives currently under Department. 4. Howell Power Systems, Inc. consideration that will be addressed in [FR Doc. 95–3983 Filed 2–16–95; 8:45 am] [Docket No. ER94–178–004] the EIS/EIR include construction of a BILLING CODE 3810±AE±P Take notice that on January 30, 1995, new tertiary sewage treatment plant at Howell Power Systems, Inc. (Howell MCB Camp Pendleton, upgrade and Power) filed information required by the consolidation of existing sewage DEPARTMENT OF ENERGY Commission’s January 14, 1994 letter treatment plants, injection wells, order in Docket No. ER94–178–000. percolation ponds, and no action. Federal Energy Regulatory Copies of Howell Power’s informational Alternative pipeline alignments will Commission filing are on file with the Commission also be evaluated. [Docket No. EG95±30±000, et al.] and are available for public inspection. Major environmental issues that will 5. LG&E Power Marketing, Inc. be addressed in the EIS/EIR include Austin Cogeneration Partners, L.P., et land use, hydrology, water quality, air al.; Electric Rate and Corporate [Docket No. ER94–1188–004] quality, biological resources, cultural Regulation Filings Take notice that on January 30, 1995, resources, noise, traffic/circulation/ LG&E Power Marketing, Inc. (LG&E) February 10, 1995. access, public services and utilities, filed information required by the Take notice that the following filings human health and safety, and hazardous Commission’s August 19, 1994 order in have been made with the Commission: materials and waste management. Docket No. ER94–1188–000. Copies of 1. Austin Cogeneration Partners, L.P. LG&E’s informational filing are on file The Department of the Navy with the Commission and are available published a Notice Of Intent in the [Docket No. EG95–30–000] for public inspection. Federal Register on September 26, 1991, On February 6, 1995, Austin initiating a scoping process for Cogeneration Partners, L.P. 6. Valero Power Services Co. preparation of an EIS/EIR for a sewage (‘‘Applicant’’) filed with the Federal [Docket No. ER94–1394–002] effluent compliance project at MCB Energy Regulatory Commission an Take notice that on January 30, 1995, Camp Pendleton for the San Onofre and application for determination of exempt Valero Power Services (Valero Power) Santa Margarita Basins. A scoping wholesale generator status pursuant to filed information required by the meeting was held in the City of 18 CFR Part 365. Commission’s August 24, 1994 letter Oceanside on October 17, 1991, and an Applicant is a Delaware limited order in Docket No. ER94–1394–000. EIS/EIR was begun. Since that time, the partnership formed to acquire an Copies of Valero Power’s informational proposed action has been revised as ownership interest in a 255 MW natural filing are on file with the Commission additional studies have been gas-fired cogeneration facility to be and are available for public inspection. located in the City of Austin, Texas, undertaken, and additional alternatives 7. Coastal Electric Services Co. have been identified that needed to be and/or operate such facility and engage evaluated. While the EIS/EIR for the San in project development activities with [Docket No. ER94–1450–001] Onofre basin is continuing, the EIS/EIR respect thereto. Take notice that on January 30, 1995, for the Santa Margarita basin is Comment date: March 6, 1995, in Coastal Electric Services Company beginning. Therefore, the scoping accordance with Standard Paragraph E (Coastal Services) filed information at the end of this notice. The process is being reopened until March 6, required by the Commission’s Commission will limit its consideration 1995, in order to collect additional September 29, 1994 letter order in of comments to those that concern the Docket No. ER94–1450–000. Copies of comments on the scope of issues to be adequacy or accuracy of the application. addressed in the EIS/EIR for the Santa Coastal Services’ informational filing are on file with the Commission and are Margarita basin proposed action. 2. Louis Dreyfus Electric Power, Inc. available for public inspection. However, no additional scoping [Docket No. ER92–850–010] meetings will be held. Take notice that on January 26, 1995, 8. Calpine Power Marketing Agencies and the public are invited Louis Dreyfus Electric Power, Inc. [Docket No. ER94–1545–000] and encouraged to provide written (Louis Dreyfus) filed information Take notice that on February 8, 1995, comment on scoping issues. To be most required by the Commission’s December Calpine Power Marketing, Inc. (CPMI), helpful, scoping comments should 2, 1992 letter order in Docket No. ER92– filed an amendment to its petition to the clearly describe specific issues or topics 850–000. Copies of Louis Dreyfus’ Commission for acceptance of CPMI which the commentor believes the EIS/ informational filing are on file with the Revised Rate Schedule FERC No. 1; the EIR should address. Written statements Commission and are available for public granting of certain blanket approvals, and or questions regarding the scoping inspection. including the authority to sell electricity process should be mailed no later than 3. North American Energy at market-based rates; and the waiver of March 6, 1995 to Commanding Officer, Conservation, Inc. certain Commission regulations. CPMI Southwest Division, Naval Facilities is a direct subsidiary of Calpine [Docket No. ER94–152–004] Engineering Command, 1220 Pacific Corporation which, through other Highway, San Diego, California 92132– Take notice that on January 30, 1995, subsidiaries, owns and operates non- 5190, (Attn: Ms. Sheila Donovan, Code North American Energy Conservation, utility generating facilities and related 2032), telephone (619) 532–3624. Inc. (North American) filed information business ventures in the United States. required by the Commission’s February Calpine Corporation is indirectly and 10, 1994 letter order in Docket No. partially owned by CS Holding of Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9329 Zurich, Switzerland, which, through 2. Wisconsin Electric Power Co. tendered for filing a series of rate other subsidiaries, owns utility [Docket No. ER95–299–000] schedule amendments to all of the generating facilities in Europe, financial agreements under which KU makes Take notice that on February 1, 1995, service providers and other entities. coordination sales in order to assure Wisconsin Electric Power Company recovery of the incremental cost of Comment date: February 24, 1995, in tendered for filing an amendment in the emission allowances associated with accordance with Standard Paragraph E above-referenced docket. at the end of this notice. Comment date: February 23, 1995, in coordination sales. Comment date: February 23, 1995, in accordance with Standard Paragraph E 9. Gulfstream Energy, LLC accordance with Standard Paragraph E at the end of this notice. [Docket No. ER94–1597–001] at the end of this notice. 3. Wickland Power Services Take notice that on January 30, 1995, Standard Paragraphs [Docket No. ER95–300–000] Gulfstream Energy, LLC (Gulfstream) E. Any person desiring to be heard or filed information required by the Take notice that on February 6, 1995, to protest said filing should file a Commission’s November 21, 1994 letter Wickland Power Services tendered for motion to intervene or protest with the order in Docket No. ER94–1597–000. filing an amendment in the above- Federal Energy Regulatory Commission, Copies of Gulfstream’s informational referenced docket. 825 North Capitol Street NE., Comment date: February 23, 1995, in filing are on file with the Commission Washington, D.C. 20426, in accordance accordance with Standard Paragraph E and are available for public inspection. with Rules 211 and 214 of the at the end of this notice. Standard Paragraphs Commission’s Rules of Practice and 4. Allegheny Power Service Corp. on Procedure (18 CFR 385.211 and 18 CFR E. Any person desiring to be heard or behalf of Monongahela Power Co., and 385.214). All such motions or protests to protest said filing should file a the Potomac Edison Co. should be filed on or before the motion to intervene or protest with the [Docket No. ER95–468–000] comment date. Protests will be considered by the Commission in Federal Energy Regulatory Commission, Take notice that on January 20, 1995, determining the appropriate action to be 825 North Capitol Street N.E., Allegheny Power Service Corporation taken, but will not serve to make Washington, D.C. 20426, in accordance on behalf of Monongahela Power protestants parties to the proceeding. with Rules 211 and 214 of the Company, The Potomac Edison Any person wishing to become a party Commission’s Rules of Practice and Company and West Penn Power must file a motion to intervene. Copies Procedure (18 CFR 385.211 and 18 CFR Company (The APS Companies), filed of this filing are on file with the 385.214). All such motions or protests Standard Transmission Service Commission and are available for public should be filed on or before the Agreements to add AES Power, Inc. inspection. comment date. Protests will be PECO Energy and Electric considered by the Commission in Clearinghouse, Inc. to The APS Lois D. Cashell, determining the appropriate action to be Companies’ Standard Transmission Secretary. taken, but will not serve to make Service Rate Schedule which has been [FR Doc. 95–3979 Filed 2–16–95; 8:45 am] protestants parties to the proceeding. accepted for filing by the Federal Energy BILLING CODE 6717±01±P Any person wishing to become a party Regulatory Commission. The proposed must file a motion to intervene. Copies effective date when customers may take [Project No. 2493±006±WA] of this filing are on file with the service under the proposed rate Commission and are available for public schedule is January 2, 1995. Puget Sound Power & Light Co; Notice inspection. Copies of the filing have been of Intent to Hold a Public Meeting in Lois D. Cashell, provided to the Public Utilities Snoqualmie, Washington, and a Public Secretary. Commission of Ohio, the Pennsylvania Meeting in Kirkland, Washington, to [FR Doc. 95–3980 Filed 2–16–95; 8:45 am] Public Utility Commission, and the Discuss Staff's Draft Environmental BILLING CODE 6717±01±P West Virginia Public Service Impact Statement (DEIS) for the Commission. Snoqualmie Falls Hydroelectric Project Comment date: February 23, 1995, in February 13, 1995. [Docket No. ER93±327±002, et al.] accordance with Standard Paragraph E at the end of this notice. On November 15, 1994, the Commission staff mailed the Florida Power & Light Co., et al.; 5. Madison Gas and Electric Co. Electric Rate and Corporate Regulation Snoqualmie Falls DEIS to the Filings [Docket No. ER95–494–000] Environmental Protection Agency, Take notice that on January 30, 1995, resource and land management February 9, 1995. Madison Gas and Electric Company agencies, and interested organizations Take notice that the following filings (MGE), tendered for filing a service and individuals. This documents have been made with the Commission: agreement with InterCoast Power evaluates the environmental Marketing Company under MGE’s consequences of operating the 1. Florida Power & Light Co. Power Sales Tariff. MGE requests an applicant’s existing 42-megawatt (MW) [Docket No. ER93–327–002] effective date of February 1, 1995. hydroelectric project, located on the Comment date: February 23, 1995, in Snoqualmie River, approximately 25 Take notice that on February 1, 1995, accordance with Standard Paragraph E miles east of Seattle in western Florida Power & Light Company (F&L), at the end of this notice. Washington. tendered for filing its compliance refund The applicant proposes extensive 6. Kentucky Utilities Co. report in the above-referenced docket. structural modifications of the existing Comment date: February 23, 1995, in [Docket No. ER95–529–000] project facilities and construction of accordance with Standard Paragraph E Take notice that on February 1, 1995, additional project facilities needed to at the end of this notice. Kentucky Utilities Company (KU), expand the project from 42 MW to 72 9330 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices MW; hydraulic capacity would increase of Practice and Procedure (18 CFR 385.214) a motion to intervene or notice from 2,500 to 3,620 cubic feet per 385.211, 384.214). All such motions or of intervention and pursuant to Section second. protests should be filed on or before 157.205 of the Regulations under the The subject DEIS also evaluates the February 28, 1995. Protests will be Natural Gas Act (18 CFR 157.205) a environmental effects of: additional considered by the Commission in protest to the request. If no protest is flow options and supplemental determining the appropriate actions to filed within the time allowed therefor, measures with the applicant’s proposal; be taken, but will not serve to make the proposed activity shall be deemed to a minor upgrade; decommissioning the protestants parties to the proceeding. be authorized effective the day after the project; and the no action alternative. Any person wishing to become a party time allowed for filing a protest. If a The public meetings on the must file a motion to intervene. Copies protest is filed and not withdrawn Snoqualmie Falls Project will be of this filing are on file with the within 30 days after the time allowed recorded by an official stenographer. Commission and are available for public for filing a protest, the instant request The first meeting will be held from 6:30 inspection. shall be treated as an application for P.M. to 11 P.M. on Wednesday, March Lois D. Cashell, authorization pursuant to Section 7 of 1, 1995, at the Mount Si High School in Secretary. the Natural Gas Act. Snoqualmie, Washington. The second [FR Doc. 95– 4103 Filed 2–16–95; 8:45 am] Lois D. Cashell, meeting will be held from 6:30 P.M. to BILLING CODE 6717±01±M Secretary. 11 P.M. on Thursday, March 2, 1995, at [FR Doc. 95–3977 Filed 2–16–95; 8:45 am] Lake Washington Technical College, BILLING CODE 6717±01±M West Building 4th floor auditorium, [Docket No. CP95±200±000] 132nd Avenue N.E., Kirkland, Washington. Koch Gateway Pipeline Co.; Notice of [Docket Nos. ER95±267±000 and EL95±25± At the subject meeting, resource Request Under Blanket Authorization 000] agency personnel and other interested February 13, 1995. New England Power Co.; Notice of persons will have the opportunity to Take notice that on February 8, 1995, provide oral and written comments and Initiation of Proceeding and Refund Koch Gateway Pipeline Company Effective Date recommendations regarding the (Koch), P.O. Box 1478, Houston, Texas Snoqualmie Falls DEIS for the 77251–1478, filed in Docket No. CP95– February 13, 1995. Commission’s public record. 200–000 a request pursuant to Sections Take notice that on February 9, 1995, For further information, please 157.205 and 157.211 of the the Commission issued an order in the contact Kathleen Sherman, at (202) 219– Commission’s Regulations under the above-indicated dockets initiating a 2834. Natural Gas Act )18 CFR 157.205, proceeding in Docket No. EL95–25–000 Lois D. Cashell, 157.211) for authorization to install a under section 206 of the Federal Power Secretary. new tap in Jones County, Mississippi, Act. [FR Doc. 95–3978 Filed 2–16–95; 8:45 am] for service to an existing local The refund effective date in Docket BILLING CODE 6717±01±M distribution company customer, Entex, No. EL95–25–000 will be 60 days after Inc. (Entex), under Koch’s blanket publication of this notice in the Federal Register. [Docket No. EL95±27±000] certificate issued in Docket No. CP82– 430–000, pursuant to Section 7 of the Lois D. Cashell, CGE Fulton, L.L.C.; Notice of Filing Natural Gas Act, all as more fully set Secretary. forth in the request that is on file with [FR Doc. 95–4009 Filed 2–16–95; 8:45 am] February 14, 1995. the Commission and open to public BILLING CODE 6717±01±M Take notice that on February 13, 1995, inspection CGE Fulton, L.L.C. (‘‘CGE Fulton’’), filed Koch proposes to construct and a petition for a declaratory order and operate interconnecting tap facilities for Office of Energy Efficiency and requested expedited treatment of the service to Entex, which will deliver gas Renewable Energy petition. CGE Fulton states that it is to one agricultural customer in Jones developing a waste-fired qualifying County. Koch states that the tap would [Case No. CD±001] small power production facility in the be used for the deliver of 84 MMBtu Energy Conservation Program for City of Fulton, Illinois (‘‘Project’’). CGE equivalent of natural gas on a peak day, Consumer Products: Decision and Fulton will sell electricity from the transported by Koch under its FTS rate Order Granting a Waiver from the Project at tariff rates prescribed by schedule. It is stated that this volume is Clothes Dryer Test Procedures to Miele Section 8–403.1 of the Illinois Public with Entex’s existing certificated Appliance Inc. Utilities Act and regulations of the entitlement from Koch. The cost of the Illinois Commerce Commission. CGE proposed tap is estimated at $800 and AGENCY: Office of Energy Efficiency and Fulton seeks a declaratory order that the Koch states that it would be reimbursed Renewable Energy, Department of Illinois statute is not preempted by by Entex for the construction cost. It is Energy. PURPA, and thus, that the Project is not stated that Koch’s tariff does not ACTION: Decision and Order. affected by the Commission’s decision prohibit the proposed addition of a in Connecticut Light & Power Co., 70 delivery tap. It is asserted that Koch as SUMMARY: Notice is given of the FERC ¶ 61,012 (January 11, 1995). sufficient capacity to make the Decision and Order (Case No. CD–001) Any person desiring to be heard or to deliveries without detriment or granting a Waiver to Miele Appliance protest said filing should file a motion disadvantage to its other customers. Incorporated (Miele) from the existing to intervene or protest with the Federal Any person or the Commission’s staff Department of Energy (DOE or Energy Regulatory Commission, 825 may, with 45 days after issuance of the Department) test procedure for clothes North Capitol Street, NE, Washington, instant notice by the Commission, file dryers. The Department is granting D.C. 20426, in accordance with Rules pursuant to Rule 214 of the Miele a Waiver from the Department’s 211 and 214 of the Commission’s Rules Commission’s Procedural Rules (18 CFR test procedures for its condenser clothes Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9331 dryers, models T1565CA and T1570C, clothes dryers in a final rule (56 FR condenser dryers. Miele has certified on which do not have an outside exhaust. 22279) issued May 14, 1991, and which January 27, 1995, with the Department The existing clothes dryer test is effective for products manufactured that its clothes dryer models T1515A procedure only applies to clothes dryers on or after May 14, 1994. Test and T1520 can be tested using the that are vented. procedures for clothes dryers appear at existing test procedure, and comply FOR FURTHER INFORMATION CONTACT: 10 CFR Part 430, Subpart D. with the existing 1994 minimum energy P. Marc LaFrance, U.S. Department of The Department amended the conservation standard. On September Energy, Office of Energy Efficiency prescribed test procedure by adding 10 29, 1994, the Department published in and Renewable Energy, Mail Station CFR 430.27 on September 26, 1980, the Federal Register the Miele petition, EE–431, Forrestal Building, 1000 creating the waiver process. (45 FR and solicited comments, data, and Independence Avenue, SW, 64108). Thereafter, DOE further information respecting the petition, and Washington, DC, 20585, (202) 586– amended the appliance test procedure denied the requested Interim Waiver. 8423 waiver process to allow the Assistant (59 FR 49658). Eugene Margolis, Esq., U.S. Department Secretary for Energy Efficiency and Comments were received from Miele of Energy, Office of General Counsel, Renewable Energy (Assistant Secretary) and the Association of Home Appliance Mail Station GC–72, Forrestal to grant an Interim Waiver from test Manufacturers (AHAM). The Building, 1000 Independence Avenue, procedure requirements to Department consulted with the Federal SW, Washington, DC, 20585, (202) manufacturers that have petitioned DOE Trade Commission (FTC) concerning the 586–9507. for a waiver of such prescribed test Miele petition. The FTC did not have procedures. (51 FR 42823, November 26, any objections to the Decision and SUPPLEMENTARY INFORMATION: In 1986). Order. accordance with 10 CFR 430.27(g), The waiver process allows the notice is hereby given of the issuance of Assistant Secretary to temporarily waive Assertions and Determinations the Decision and Order as set below. In the test procedures for a particular basic On December 22, 1994, Miele the Decision and Order, Miele has been model when a petitioner shows that the provided comment to the Department granted a Waiver for its condenser basic model contains one or more that after consultation with AHAM, it clothes dryers, models T1565CA and design characteristics which prevent had decided to restrict its request to its T1570C, which do not have an outside testing according to the prescribed test condenser clothes dryers, models exhaust. procedures, or when the prescribed test T1565CA and T1570C. Miele indicated Issued in Washington, DC, February 10, procedures may evaluate the basic that the condenser clothes dryers offer 1995. model in a manner so unrepresentative additional utility to the consumer which Christine A. Ervin, of its true energy consumption as to affects energy consumption. The Assistant Secretary, Energy Efficiency and provide materially inaccurate condenser clothes dryer does not have Renewable Energy. comparative data. Waivers generally an outside exhaust and requires more remain in effect until final test energy to extract the moisture from the Decision and Order procedure amendments become drum’s exhaust prior to expelling the air In the Matter of: Miele [Case No. CD–001]. effective, resolving the problem that is back into the surrounding air. This type Background the subject of the waiver. of product is suited for installation The Interim Waiver provisions, added conditions where venting is not The Energy Conservation Program for by the 1986 amendment, allow the practical or cost prohibitive. Consumer Program Products (other than Assistant Secretary to grant an Interim Miele stated that the Department’s automobiles) was established pursuant Waiver when it is determined that the existing test procedure is applicable for to the Energy Policy and Conservation applicant will experience economic vented clothes dryers because the test Act (EPCA), Public Law 94–163, 89 Stat. hardship if the Application for Interim procedure requires the use of an exhaust 917, as amended by the National Energy Waiver is denied, if it appears likely restrictor to simulate an installed Conservation Act (NECPA), Public Law that the Petition for Waiver will be condition. Miele further stated that 95–619, 92 Stat. 3266, the National granted, and/or the Assistant Secretary since its condenser clothes dryers do Appliance Energy Conservation Act of determines that it would be desirable for not have an exhaust, they cannot be 1987 (NAECA), Public Law 100–12, the public policy reasons to grant tested in accordance with the National Appliance Energy immediate relief pending a Department’s test procedure, and the Conservation Amendments of 1988 determination on the Petition for test procedure does not apply to them. (NAECA 1988), Public Law 100–357, Waiver. An Interim Waiver remains in Miele added, ‘‘Consequently, the DOE and the Energy Policy Act of 1992, effect for a period of 180 days or until energy conservation standard for clothes Public Law 102–486, 106 Stat. 2776, DOE issues its determination on the dryers does not apply to Miele which requires DOE to prescribe Petition for Waiver, whichever is condenser dryers since the DOE standardized test procedures to measure sooner, and may be extended for an standard must be ’determined in the energy efficiency, energy use, or additional 180 days, if necessary. accordance with test procedures estimated annual operating cost of Miele filed a Petition for Waiver and prescribed under section 6293 of this covered consumer products, including an Application for Interim Waiver on title.’ 42 U.S.C. § 6291(6).’’ clothes dryers. The clothes dryer test April 5, 1994, which was amended on Miele also proposed that the procedure, among other things, provides April 20, 1994, and April 22, 1994, Department consider adding a class for a means of calculating an energy factor, regarding its clothes dryer models condenser clothes dryers in the current a measure of energy efficiency, which is T1515A, T1520, T1565CA, and T1570C. clothes dryer rulemaking (Docket No. used to determine if a product is Miele’s petition submission was EE-RM–94–403) for minimum energy compliant with the minimum energy primarily based on the reverse tumble efficiency standards, which will become conservation standards. The Department design feature which all four models effective in the 1999 timeframe, along imposed amended energy conservation have. However, today’s Decision and with an appropriate test procedure. standards requiring minimum energy Order is only applicable to models On December 27, 1994, AHAM factors for four of the five classes of T1565CA and T1570C, which are provided comment and stated, 9332 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices ‘‘[AHAM] unanimously supports the clothes dryer energy Factor within 82.5 Draft EISs position that Miele’s condenser clothes percent of the existing non-condenser ERP No. D-AFS-J65225–MT Rating dryer provides separate functions and clothes dryer standard. The Department EC2, Crane Mountain Salvage Project, utilities which affect energy use and, supports this effort, although, this Resource Management, Implementation, therefore, justify creation of a separate measure will have no bearing on future Flathead National Forest, Swan Lake class for condenser clothes dryers. A condenser clothes dryer standards. separate clothes dryer standard and Ranger District, Flathead County, MT. Conclusion modified test procedure applicable to Summary that product class should be (1) The Petition for Waiver filed by promulgated.’’ Miele (Case CD–001), as modified by EPA expressed environmental The Department agrees with Miele Miele’s letter of December 22, 1994, is concerns about the inadequate/ and AHAM that the condenser clothes hereby granted as set forth in paragraph identification, delineation and dryer offers the consumer additional (2) below, subject to the provisions of assessment level of wetlands, potential utility, and is justified to consum more paragraphs (3) and (4). impacts to water quality in Flathead energy (lower energy factor) versus non- (2) Miele is not required to test its lake; and the inadequacy of the condenser clothes dryers. Furthermore, condenser clothes dryers, models monitoring and evaluation plans. the Department believes that the models T1565CA and T1570C. The ERP No. D-NOA-A91061–00 Rating existing clothes dryer test procedure is existing 1994 minimum energy LO, Atlantic Mackerel, Squid and not applicable to the Miele condenser conservation standard for clothes dryers Butterfish Fisheries, Fishery clothes dryers. This assertion is based is not applicable to these Miele Management Plan, Amendment No. 5, on the fact that the existing test condenser clothes dryers. Implementation, Exclusive Economic procedure requires the use of an exhaust (3) The Waiver shall remain in effect Zone (EEZ) off the US Atlantic Coast. restrictor and does not provide any from the date of issuance of this Order Summary definition or mention of condenser until DOE prescribes final test clothes dryers. The Department agrees proccedures and minimum minimum EPA offered suggestions on various with Miele that the current clothes dryer energy conservation standards aspects to improve the EIS, particularly minimum energy conservation standard appropriate to Miele’s condenser clothes including more analysis on the possible does not apply to Miele’s condenser dryers, model T1565CA and T157OC. use of economic forces in limiting catch clothes dryers. Today’s Decision and (4) This waiver is based upon the size. Order exempts Miele from testing its presumed validity of statements, ERP No. DS-AFS-J65183–UT Rating condenser clothes dryer and allegations, and documentary materials LO, East Fork Black Forks Multiple Use determining an Energy Factor. submitted by the petitioner. This Management Project, Updated The Department is not publishing an exemption may be revoked or modified Information, Implementation, Wasatch- amended test procedure for Miele at this at any time upon a determination that Cache National Forest, Evanston Ranger time because there is not any reason to. the factual basis underlying the District, Summit County, UT. The existing minimum energy submitted data is incorrect. conservation standard for clothes dryers Summary Filed in Washington, DC is not applicable to the Miele condenser EPA recommends that the Final clothes dryer. Furthermore, the FTC Christine A. Ervin, Supplement include discussion of does not have a labeling program for Assistant Secretary, Energy Efficiency and monitoring data and analyses to support clothes dryers, therefore, Miele is not Renewable Energy. the Forest Service’s conclusions required to test its condenser clothes [FR Doc. 95–4049 Filed 2–16–95; 8:45 am] regarding water quality impacts. dryers. BILLING CODE 6450±01±P Presently, the Department is Final EISs conducting a rulemaking to review the minimum energy conservation standard ERP No. F-MMS-G02004–00 1995 Central and Western Gulf of Mexico levels for clothes dryers, clothes ENVIRONMENTAL PROTECTION Outer Continental Shelf (OCS) Oil and washers, and dishwashers, entitled the AGENCY ‘‘Three Cleaning Products Rulemaking’’ Gas Sales 152 (April 1995) and 155 (August 1995), Lease Offering, Offshore (Docket No. EE-RM–94–403). The [ER-FRL±4720±4] Department will consider adding a new Marine Environment and coastal counties, AL, MS, LA and TX. product class for condenser clothes Environmental Impact Statements and dryers in the above mentioned Regulations; Availability of EPA Summary rulemaking. The Department will Comments initiate a clothes dryers test procedure EPA had no objection to the proposed rulemaking to add the capability of Availability of EPA comments action. testing condenser clothes dryers to the prepared January 16, 1995 Through ERP No. F1–NOA-A90061–00 Deep existing test procedure for any potential January 20, 1995 pursuant to the Seabed Hard Mining Exploration future use. Environmental Review Process (ERP), Project, License Issuance for the former Miele and AHAM provided the under Section 309 of the Clean Air Act Kenecott Mining Site (USA–4) to Ocean Department with an agreed upon and Section 102(2)(c) of the National Minerals Mining, Pacific Ocean, Central version of definitions for ‘‘condenser Environmental Policy Act as amended. America to HI. Requests for copies of EPA comments clothes dryers’’ and ‘‘electric clothes Summary dryer’’. The Department will consider can be directed to the Office of Federal these definitions when drafting a Activities at (202) 260–5076. EPA had no objections to the revised test procedure. An explanation of the ratings assigned proposed action. EPA encouraged Miele also voluntarily provided the to draft environmental impact NOAA to prepare supplemental NEPA Department with a statement that it statements (EISs) was published in FR documentation when at-sea activities plans on maintaining its condenser dated April 10, 1994 (59 FR 16807). are finally proposed by applicants. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9333 Dated: February 14, 1995. Amended Notices FEDERAL MARITIME COMMISSION William D. Dickerson, Director, Federal Agency Liaison Division, EIS No. 940501, DRAFT EIS, AFS, ID, Notice of Agreement(s) Filed Office of Federal Activities. Stibnite Gold Mine Expansion Project, Construction and Operation, Plan of The Federal Maritime Commission [FR Doc. 95–4039 Filed 2–16–95; 8:45 am] hereby gives notice that the following BILLING CODE 6560±50±U Operation Approval, NPDES Permit and COE Section 404 Permit, Payette agreement(s) has been filed with the National Forest, Krassel Ranger Commission for approval pursuant to section 15 of the Shipping Act, 1916, as District, Valley County, ID, Due: [ER-FRL±4720±3] amended (39 Stat. 733, 75 Stat. 763, 46 February 14, 1995, Contact: Jane U.S.C. § 814). Environmental Impact Statements; Wurster (206) 634–0614. Published Interested parties may inspect and Notice of Availability FR -12–16–94 Review period may request a copy of each agreement extended. and the supporting statement at the Responsible Agency: Office of Federal Dated: February 14, 1995. Washington, D.C. Office of the Federal Activities, General Information (202) Maritime Commission, 1100 L Street, 260–5076 OR (202) 260–5075. Weekly William D. Dickerson, N.W., Room 10325. Interested parties receipt of Environmental Impact Director, Federal Agency Liaison Div., Office may submit protests or comments on Statements Filed February 06, 1995 of Federal Activities. each agreement to the Secretary, Federal Through February 10, 1995 Pursuant to [FR Doc. 95–4038 Filed 2–16–95; 8:45 am] Maritime Commission, Washington, 40 CFR 1506.9. BILLING CODE 6560±50±U D.C. 20573, within 10 days after the date EIS No. 950043, DRAFT EIS, NPS, FL, of the Federal Register in which this Timucuan Ecological and Historic notice appears. The requirements for Preserve, General Management Plan [FRL±5156±1] comments and protests are found in and Development Concept Plans, § 560.7 of Title 46 of the Code of Federal Implementation, Fort Caroline Economic Incentive and Regulatory Regulations. Interested persons should National Memorial Area, Duval Innovation Subcommittee of the Clean consult this section before County, FL, Due: April 10, 1995, Air Act Advisory Committee communicating with the Commission Contact: Suzanne Lewis (904) 221– regarding a pending agreement. 5568. AGENCY: Environmental Protection Any person filing a comment or EIS No. 950044, DRAFT EIS, FRC, VT, Agency. protest with the Commission shall, at Clyde River Hydroelectric (FERC No. ACTION: Notice of open meeting. the same time, deliver a copy of that 23306) Project, New License document to the person filing the (Relicense) for three Hydroelectric agreement at the address shown below. SUMMARY: Developments, Construction and Pursuant to the Federal Agreement No.: 224–003154–001. Operation, Clyde River within the St. Advisory Committee Act, Public Law Title: Port of Seattle/Sell Oil Company Lawrence River Basin, Orleans 92–463, notice is hereby given that the Preferential Use Agreement. County, VT, Due: April 18, 1995, Environmental Protection Agency is Parties: Contact: Kathleen Sherman (202) 219– convening an open meeting of the Port of Seattle 2834. Economic Incentive and Regulatory Shell Oil Company (‘‘Shell’’) EIS No. 950045, FINAL SUPPLEMENT, Innovation Subcommittee of the Clean Filing Agent: James G. Rice, Senior COE, FL, Palm Beach County Beach Air Act Advisory Committee on March Property Manager, Port of Seattle, P.O. Erosion Project, Updated Information, 3, 1995. This meeting will concern the Box 1209, Seattle, WA 98111. Shore Protection Project, Jupiter/ development of generic language for a Synopsis: The proposed amendment Carlin Segment from Martin Co., Line rule on emissions trading. The meeting authorizes Shell to sell and transfer its to Lake Worth Inlet and from South is open to the public. Seating will be rights and obligations to GATX Lake Worth Inlet to Broward General available on a first-come, first-served Terminal Corporation. It also adds an Design Plan, Implementation, Martin basis. annual minimum guarantee and revises and Broward Counties, FL, Due: certain payment provisions to the DATES: The Subcommittee will meet on March 20, 1995, Contact: Michael Agreement. March 3, 1995. The meeting will begin Dupes (904) 232–1689. Dated: February 13, 1995. EIS No. 950046, DRAFT EIS, BLM, MT, at approximately 9 a.m. EST and run until about 1 p.m. By Order of the Federal Maritime Sweet Grass Hills Resource Commission. Management Plan Amendment, ADDRESSES: The Subcommittee will Joseph C. Polking, Implementation, West HiLine # meet in conference room 3 North Secretary. Resource Management Plan, Toole located in EPA Headquarters, 401 M [FR Doc. 95–3982 Filed 2–16–95; 8:45 am] and Liberty Counties, MT, Due: May Street, SW, Washington, DC 20460. 18, 1995, Contact: James Beaver (406) BILLING CODE 6730±01±M 255–2910. FOR FURTHER INFORMATION CONTACT: EIS No. 950047, DRAFT EIS, BPA, WA, Carey Fitzmaurice, US EPA (202) 260– Notice of Agreement(s) Filed OR, WA, Resource Contingency 7433 or Scott Mathias, US EPA–OAQPS Program, Construction and Operation, (919) 541–5310. The Federal Maritime Commission Three Proposed Plant Sites, Chelalis Dated: February 9, 1995. hereby gives notice of the filing of the Hermiston and Satsop Power Projects, following agreement(s) pursuant to Lewis and Grays Harbor Counties, John S. Seitz, section 5 of the Shipping Act of 1984. WA and Washington and Umattilla Director, Office of Air Quality Planning and Interested parties may inspect and Counties, OR, Due: April 03, 1995, Standards. obtain a copy of each agreement at the Contact: Dawn Boorse (503) 230– [FR Doc. 95–4050 Filed 2–16–95; 8:45 am] Washington, DC Office of the Federal 5678. BILLING CODE 6560±50±M Maritime Commission, 800 North 9334 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Capitol Street, NW., 9th Floor. and only after consideration has been Dated: February 13, 1995. Interested parties may submit comments given by the parties and the presiding William H. Gimson, on each agreement to the Secretary, officer to the use of alternative forms of Acting Associate Director for Policy Federal Maritime Commission, dispute resolution. The hearing shall Coordination, Centers for Disease Control and Washington, DC 20573, within 10 days include oral testimony and cross- Prevention (CDC). after the date of the Federal Register in examination in the discretion of the [FR Doc. 95–3999 Filed 2–16–95; 8:45 am] which this notice appears. The presiding officer only upon proper BILLING CODE 4163±18±M requirements for comments are found in showing that there are genuine issues of § 572.603 of Title 46 of the Code of material fact that cannot be resolved on Food and Drug Administration Federal Regulations. Interested persons the basis of sworn statements, affidavits, should consult this section before depositions, or other documents or that [Docket No. 95M±0023] communicating with the Commission the nature of the matter in issue is such regarding a pending agreement. that an oral hearing and cross- Molecular Biosystems, Inc.; Premarket Agreement No.: 202–011432–003. examination are necessary for the Approval of Albunex Title: Pacific Latin America Agreement. development of an adequate record. AGENCY: Food and Drug Administration, Parties: Pursuant to the further terms of 46 CFR HHS. 502.61, the initial decision of the Sea-Land Service, Inc. ACTION: Notice. presiding officer in this proceeding shall Central American Container Line, be issued by February 14, 1996, and the SUMMARY: The Food and Drug S.A. Administration (FDA) is announcing its A.P. Moller-Maersk Line final decision of the Commission shall be issued by June 14, 1996. approval of the application by Synopsis: The proposed amendment Joseph C. Polking, Molecular Biosystems, Inc., San Diego, deletes Central America Container Line, CA, for premarket approval, under the S.A., changes the notification period for Secretary. Federal Food, Drug, and Cosmetic Act independent action from two days to [FR Doc. 95–4027 Filed 2–16–95; 8:45 am] (the act), of Albunex. After reviewing five days and authorizes the Conference BILLING CODE 6730±01±M the recommendation of the Radiological Chairman or his designee to sign and Devices Panel, FDA’s Center for Devices file any amendments to the basic and Radiological Health (CDRH) Agreement. notified the applicant, by letter of Dated: February 13, 1995. DEPARTMENT OF HEALTH AND August 5, 1994, of the approval of the By Order of the Federal Maritime HUMAN SERVICES application. Commission. DATES: Petitions for administrative Centers for Disease Control and Joseph C. Polking, review by March 20, 1995. Prevention Secretary. ADDRESSES: Written requests for copies [FR Doc. 95–3981 Filed 2–16–95; 8:45 am] National Committee on Vital and Health of the summary of safety and BILLING CODE 6730±01±M Statistics: Meeting effectiveness data and petitions for administrative review to the Dockets Pursuant to Pub. L. 92–463, the Management Branch (HFA–305), Food FEDERAL MARITIME COMMISISON National Center for Health Statistics and Drug Administration, rm. 1–23, (NCHS), Centers for Disease Control and 12420 Parklawn Dr., Rockville, MD [Docket No. 95±03] Prevention (CDC), announces the 20857. FOR FURTHER INFORMATION CONTACT: Puerto Rico Frieght Systems, Inc. v. R following committee meeting. Robert Phillips, Center for Devices and & S Trading and J.C. Trading; Notice Name: National Committee on Vital and Radiological Health (HFZ–470), Food of Filing of Complaint and Assignment Health Statistics (NCVHS). and Drug Administration, 9200 Times and Dates: 1 p.m.–5 p.m., March 8, Notice is given that a complaint filed Corporate Blvd., Rockville, MD 20850, 1995; 9 a.m.–5 p.m., March 9, 1995; 9 a.m.– 301–594–1212. by Puerto Rico Freight Systems, Inc. 3 p.m., March 10, 1995. (‘‘Complainant’’) against R & S Trading Place: Room 703A, Hubert H. Humphrey SUPPLEMENTARY INFORMATION: On and J.C.Trading (‘‘Respondents’’) was Building, 200 Independence Avenue, SW, February 5, 1991, Molecular Biosystems, served February 14, 1995. Complainant Washington, D.C. 20201. Inc., San Diego, CA 92121, submitted to alleges that Respondents have violated Status: Open. CDRH an application for premarket sections 3, 14, 15, 16, 17, and 18 of the Purpose: The purpose of this meeting is for approval of Albunex . The device, Shipping Act of 1916, 46 U.S.C. app. the committee to consider reports from each which is a suspension of air-filled 804, 812, 814, 815, 816 and 817(b)(1), by NCVHS subcommittee; to receive reports microspheres made from sonicated 5 issuing false manifests, shipping from offices of the Department of Health and percent human albumin, is an materials in containers which are not Human Services; to explore information ultrasound contrast media that is used manifested or declared by Respondents, needs for health reform; and to address new as an aid for ultrasound contrast operating without a tariff, waiving fees business as appropriate. enhancement of ventricular chambers for ocean freight, competing with other Contact Person for More Information: and improvement of endocardial border freight operators who adhere to a tariff Substantive program information as well as definition in patients with suboptimal to their disadvantage, and operating summaries of the meeting and a roster of echoes undergoing ventricular function without bills of lading. committee members may be obtained from and regional wall motion studies. This proceeding has been assigned to Gail F. Fisher, Ph.D., Executive Secretary, On July 29, 1992, the Radiological the office of Administrative Law Judges. NCVHS, NCHS, CDC, Room 1100, Devices Panel of the Medical Devices Hearing in this matter, if any is held, Presidential Building, 6525 Belcrest Road, Advisory Committee, an FDA advisory shall commence within the time Hyattsville, Maryland 20782, telephone 301/ committee, reviewed and recommended limitations prescribed in 46 CFR 502.61, 436–7050. approval of the application. On August Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9335 5, 1994, CDRH approved the application Dated: February 7, 1995. a.m. to 4 p.m.; Robert A. Phillips, Center by a letter to the applicant from the Joseph A. Levitt, for Devices and Radiological Health Director of the Office of Device Deputy Director for Regulations Policy, Center (HFZ–470), Food and Drug Evaluation, CDRH. for Devices and Radiological Health. Administration, 9200 Corporate Blvd., A summary of the safety and [FR Doc. 95–4057 Filed 2–16–95; 8:45 am] Rockville, MD 20850, 301–594–1212, or effectiveness data on which CDRH BILLING CODE 4160±01±F FDA Advisory Committee Information based its approval is on file in the Hotline, 1–800–741–8138 (301–443– Dockets Management Branch (address 0572 in the Washington, DC area), above) and is available from that office Advisory Committees; Notice of Radiological Devices Panel, code 12526. upon written request. Requests should Meetings If anyone who is planning to attend the meeting will need any special assistance be identified with the name of the AGENCY: Food and Drug Administration, device and the docket number found in HHS. as defined under the Americans with Disabilities Act, please communicate brackets in the heading of this ACTION: Notice. document. with the contact person. SUMMARY: This notice announces General function of the committee. Opportunity for Administrative Review forthcoming meetings of public advisory The committee reviews and evaluates data on the safety and effectiveness of Section 515(d)(3) of the act (21 U.S.C. committees of the Food and Drug Administration (FDA). This notice also marketed and investigational devices 360e(d)(3)) authorizes any interested and makes recommendations for their person to petition, under section 515(g) summarizes the procedures for the meetings and methods by which regulation. of the act, for administrative review of Agenda—Open public hearing. CDRH’s decision to approve this interested persons may participate in open public hearings before FDA’s Interested persons may present data, application. A petitioner may request information, or views, orally or in either a formal hearing under part 12 (21 advisory committees. FDA has established an Advisory writing, on issues pending before the CFR part 12) of FDA’s administrative Committee Information Hotline (the committee. Those desiring to make practices and procedures regulations or hotline) using a voice-mail telephone formal presentations should notify the a review of the application and CDRH’s system. The hotline provides the public contact person before March 1, 1995, action by an independent advisory with access to the most current and submit a brief statement of the committee of experts. A petition is to be information on FDA advisory committee general nature of the evidence or in the form of a petition for meetings. The advisory committee arguments they wish to present, the reconsideration under § 10.33(b) (21 hotline, which will disseminate current names and addresses of proposed CFR 10.33(b)). A petitioner shall information and information updates, participants, and an indication of the identify the form of review requested can be accessed by dialing 1–800–741– approximate time required to make their (hearing or independent advisory 8138 or 301–443–0572. Each advisory comments. committee) and shall submit with the committee is assigned a 5-digit number. Open committee discussion. The petition supporting data and This 5-digit number will appear in each committee will discuss clinical data information showing that there is a individual notice of meeting. The requirements (experimental designs, genuine and substantial issue of hotline will enable the public to obtain protocols, quality assurance, etc.) for material fact for resolution through information about a particular advisory digital mammography submissions. administrative review. After reviewing committee by using the committee’s 5- Copies of a draft protocol are available the petition, FDA will decide whether to digit number. Information in the hotline from the contact person. grant or deny the petition and will is preliminary and may change before a publish a notice of its decision in the meeting is actually held. The hotline Blood Products Advisory Committee Federal Register. If FDA grants the will be updated when such changes are Date, time, and place. March 23 and petition, the notice will state the issue made. to be reviewed, the form of review to be 24, 1995, 8 a.m., Parklawn Bldg., MEETINGS: The following advisory conference rooms D and E, 5600 Fishers used, the persons who may participate committee meetings are announced: in the review, the time and place where Lane, Rockville, MD. Type of meeting and contact person. the review will occur, and other details. Radiological Devices Panel of the Open committee discussion, March 23, Medical Devices Advisory Committee Petitioners may, at any time on or 1995, 8 a.m. to 9:30 a.m.; open public before March 20, 1995, file with the Date, time, and place. March 6, 1995, hearing, 9:30 a.m. to 10 a.m., unless Dockets Management Branch (address 8 a.m., Corporate Bldg., conference public participation does not last that above) two copies of each petition and room 20G, 9200 Corporate Blvd., long ; open committee discussion, 10 supporting data and information, Rockville, MD. A limited number of a.m. to 11:30 a.m.; open public hearing, identified with the name of the device overnight accommodations have been 11:30 a.m. to 12 m., unless public and the docket number found in reserved at the Gaithersburg Marriott participation does not last that long; brackets in the heading of this Washingtonian Center, 9751 open committee discussion, 12 m. to document. Received petitions may be Washingtonian Blvd., Gaithersburg, MD. 2:30 p.m.; open public hearing, 2:30 seen in the office above between 9 a.m. Attendees requiring overnight p.m. to 3:30 p.m., unless public and 4 p.m., Monday through Friday. accommodations may contact the hotel participation does not last that long; This notice is issued under the at 301–590–0044 and reference the FDA open committee discussion, 3:30 p.m. to Federal Food, Drug, and Cosmetic Act panel meeting block. Reservations will 5:30 p.m.; open committee discussion, (secs. 515(d), 520(h) (21 U.S.C. 360e(d), be confirmed at the group rate based on March 24, 1995, 8 a.m. to 9 a.m.; open 360j(h))) and under authority delegated availability. public hearing, 9 a.m. to 10:30 a.m., to the Commissioner of Food and Drugs Type of meeting and contact person. unless public participation does not last (21 CFR 5.10) and redelegated to the Open public hearing, 8 a.m. to 9 a.m., that long; open committee discussion, Director, Center for Devices and unless public participation does not last 10:30 a.m. to 5:30 p.m.; Linda A. Radiological Health (21 CFR 5.53). that long; open committee discussion, 9 Smallwood, Center for Biologics 9336 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Evaluation and Research (HFD–350), of Congressional, International, and pulmonary disease and diseases with Food and Drug Administration, 1401 Consumer Affairs, Center for Biologics allergic and/or immunologic Rockville Pike, Rockville, MD 20852– Evaluation and Research (HFM–11), mechanisms. The Arthritis Advisory 1448, 301–594–6700, or FDA Advisory 1401 Rockville Pike, rm. 200N, Committee reviews and evaluates data Committee Information Hotline, 1–800– Rockville, MD 20857, 301–594–1800. on the safety and effectiveness of 741–8138 (301–443–0572 in the marketed and investigational human Washington, DC area), Blood Products Joint Meeting of the Nonprescription drugs for use in arthritic conditions. Advisory Committee, code 12388. Drugs and the Dermatologic and Agenda—Open public hearing. General function of the committee. Ophthalmic Drugs Advisory Interested persons may present data, The committee reviews and evaluates Committees, Followed by a Session information, or views, orally or in data on the safety and effectiveness, and with Pulmonary-Allergy Drugs writing, on issues pending before the appropriate use of blood products Committee Representation, and a committee. Those desiring to make intended for use in the diagnosis, Joint Meeting with the Arthritis formal presentations should notify the prevention, or treatment of human Advisory Committee contact person before March 22, 1995, diseases. and submit a brief statement of the Agenda—Open public hearing. Date, time, and place. March 27 and 28, 1995, 8 a.m., Parklawn Bldg., general nature of the evidence or Interested persons may present data, arguments they wish to present, the information, or views, orally or in conference rooms D and E, 5600 Fishers Lane, Rockville, MD. Elsewhere in this names and addresses of proposed writing, on issues pending before the participants, and an indication of the committee. Those desiring to make issue of the Federal Register, FDA is publishing a notice announcing a approximate time required to make their formal presentations should notify the comments. contact person before March 13, 1995, separate meeting of the Arthritis Advisory Committee to be held on Open committee discussion. During and submit a brief statement of the the morning of March 27, 1995, the general nature of the evidence or March 27, 1995. Type of meeting and contact person. Nonprescription Drugs Advisory arguments they wish to present, the Committee and the Dermatologic and names and addresses of proposed Open committee discussion, March 27, 1995, 8 a.m. to 10 a.m.; open public Ophthalmic Drugs Advisory Committee participants, and an indication of the will discuss data relevant to new drug approximate time required to make their hearing, 10 a.m. to 10:30 a.m., unless public participation does not last that application (NDA) 18–751 to switch comments. econazole nitrate cream 1% Open committee discussion. On the long; open committee discussion, 10:30 a.m. to 3 p.m., open public hearing, 3 (Spectazole , Johnson & Johnson morning of March 23, 1995, the Consumer Products, Inc.) from committee will discuss and provide p.m. to 3:30 p.m., unless public participation does not last that long; prescription to OTC status for the recommendations for warnings in the treatment of tinea pedis (athlete’s foot). labeling for blood products regarding open committee discussion, 3:30 p.m. to 5:30 p.m.; open committee discussion, During the afternoon of March 27, 1995, potential transmission of viral agents. the Nonprescription Drugs Advisory Additionally, the committee will March 28, 1995, 8 a.m. to 11:30 a.m.; Committee and representatives of the discuss and provide recommendations open public hearing, 11:30 a.m. to 12 Pulmonary-Allergy Drugs Advisory for the format of blood container m., unless public participation does not Committee will discuss data relevant to labeling. In the afternoon, the committee last that long; open committee the efficacy and use of antihistamines will discuss the practice of alanine discussion, 12 m. to 4 p.m.; Lee L. for the treatment of the common cold. aminotransferase (ALT) testing of blood Zwanziger or Liz Ortuzar, Center for In the morning on March 28, 1995, the and plasma donors, and they will Drug Evaluation and Research (HFD–9), Nonprescription Drugs Advisory provide recommendations. On the Food and Drug Administration, 5600 Committee and the Arthritis Drugs morning of March 24, 1995, the Fishers Lane, Rockville, MD 20857, Advisory Committee will discuss data committee will discuss pool size for the 301–443–5455, or FDA Advisory relevant to NDA 20–512 for ibuprofen manufacture of plasma products and, in Committee Information Hotline, 1–800– the afternoon, the committee will 741–8138 (301–443–0572 in the suspension (Motrin , McNeil Consumer participate in a workshop entitled, Washington, DC area), Nonprescription Products) for the treatment of fever and ‘‘Human Tissue Intended for Drugs Advisory Committee, code 12541. of pain in children between 2 and 12 Transplantation and Human General function of the committees. years of age. During the afternoon, the Reproductive Tissue: Donor Screening The Nonprescription Drugs Advisory committees will discuss and Infectious Disease Testing.’’ The Committee reviews and evaluates recommendations regarding appropriate issues to be discussed at the workshop available data concerning the safety and OTC indication(s) for muscle relaxants, are: (1) Recommendations for donor effectiveness of over-the-counter (OTC) OTC dose(s) and duration of use, safety screening and infectious disease testing (nonprescription) human drug products profiles, abuse potential, and needed to clarify the interim rule for for use in the treatment of a broad pharmacokinetic information. spectrum of human symptoms and human tissue intended for Subcommittee Meeting of the Antiviral diseases. The Dermatologic and transplantation (21 CFR 1270) that Drugs Advisory Committee on Ophthalmic Drugs Advisory Committee published in the Federal Register of Immunosuppressive Drugs December 13, 1993 (58 FR 65514), (2) reviews and evaluates available data on draft recommendations for screening the safety and effectiveness of marketed Date, time, and place. March 30 and and testing donors of human and investigational human drug 31, 1995, 8 a.m., Holiday Inn, Plaza reproductive tissue, and (3) the draft products for use in the treatment of Ballroom, 8777 Georgia Ave., Silver registration form. The agency is dermatologic and ophthalmic disorders. Spring, MD. announcing the availability, before the The Pulmonary-Allergy Drugs Advisory Type of meeting and contact person. meeting, of a draft document on the Committee reviews and evaluates data Open committee discussion, March 30, issues to be discussed at the workshop. on the safety and effectiveness of 1995, 8 a.m. to 11:30 a.m.; open public Requests for single copies of the draft marketed and investigational human hearing, 11:30 a.m. to 12 m., unless document may be made to the Division drugs for use in the treatment of public participation does not last that Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9337 long; open committee discussion, 12 m. unless public participation does not last Public hearings are subject to FDA’s to 6 p.m.; open committee discussion, that long; open committee discussion, guideline (subpart C of 21 CFR part 10) March 31, 1995, 8 a.m. to 11:30 a.m.; 10 a.m. to 5 p.m.; Peter E. Maxim, concerning the policy and procedures open public hearing, 11:30 a.m. to 12 Center for Devices and Radiological for electronic media coverage of FDA’s m., unless public participation does not Health (HFZ–440), Food and Drug public administrative proceedings, last that long; open committee Administration, 2098 Gaither Rd., including hearings before public discussion, 12 m. to 2 p.m.; Lee L. Rockville, MD 20850, 301–594–1293, or advisory committees under 21 CFR part Zwanziger or Liz Ortuzar, Center for FDA Advisory Committee Information 14. Under 21 CFR 10.205, Drug Evaluation and Research (HFD–9), Hotline, 1–800–741–8138 (301–443– representatives of the electronic media 0572 in the Washington, DC area), Food and Drug Administration, 5600 may be permitted, subject to certain Fishers Lane, Rockville, MD 20857, Immunology Devices Panel, code 12516. General function of the committee. limitations, to videotape, film, or 301–443–5455, or FDA Advisory otherwise record FDA’s public Committee Information Hotline, 1–800– The committee reviews and evaluates administrative proceedings, including 741–8138 (301–443–0572 in the data on the safety and effectiveness of presentations by participants. Washington, DC area), Antiviral Drugs marketed and investigational devices Advisory Committee, code 12531. and makes recommendations for their Meetings of advisory committees shall General function of the committee. regulation. be conducted, insofar as is practical, in The committee reviews and evaluates Agenda—Open public hearing. accordance with the agenda published available data concerning the safety and Interested persons may present data, in this Federal Register notice. Changes effectiveness of marketed and information, or views, orally or in in the agenda will be announced at the investigational human drug products for writing, on issues pending before the beginning of the open portion of a use in the treatment of acquired committee. Those desiring to make meeting. formal presentations should notify the immune deficiency syndrome (AIDS), Any interested person who wishes to AIDS-related complex (ARC), and other contact person before March 15, 1995, be assured of the right to make an oral viral, fungal, and mycobacterial and submit a brief statement of the presentation at the open public hearing infections. general nature of the evidence or Agenda—Open public hearing. arguments they wish to present, the portion of a meeting shall inform the Interested persons may present data, names and addresses of proposed contact person listed above, either orally information, or views, orally or in participants, and an indication of the or in writing, prior to the meeting. Any writing, on issues pending before the approximate time required to make their person attending the hearing who does committee. Those desiring to make comments. not in advance of the meeting request an formal presentations should notify a Open committee discussion. The opportunity to speak will be allowed to committee will discuss a premarket contact person before March 22, 1995, make an oral presentation at the approval application for a software and submit a brief statement of the hearing’s conclusion, if time permits, at computer program to assist physicians general nature of the evidence or the chairperson’s discretion. and laboratory professionals in the data- arguments they wish to present, the base management, calculations, and The agenda, the questions to be names and addresses of proposed reporting of results from quantitative addressed by the committee, and a participants, and an indication of the measurements of alpha-fetoprotein as an current list of committee members will approximate time required to make their aid in the detection of fetal open neural be available at the meeting location on comments. tube defects. the day of the meeting. Open committee discussion. On FDA public advisory committee Transcripts of the open portion of the March 30, 1995, the subcommittee will meetings may have as many as four discuss data relevant to NDA 20–513 meeting may be requested in writing separable portions: (1) An open public from the Freedom of Information Office (250 milligrams (mg) capsules) and NDA hearing, (2) an open committee (HFI–35), Food and Drug 20–514 (500 mg tablets), for discussion, (3) a closed presentation of Administration, rm. 12A–16, 5600 mycophenolate mofetil (CellCept , data, and (4) a closed committee Syntex Laboratories, Inc.), for use in the deliberation. Every advisory committee Fishers Lane, Rockville, MD 20857, prophylaxis of organ rejection and meeting shall have an open public approximately 15 working days after the treatment of refractory organ rejection in hearing portion. Whether or not it also meeting, at a cost of 10 cents per page. patients receiving allergenic renal includes any of the other three portions The transcript may be viewed at the transplants. On March 31, 1995, the will depend upon the specific meeting Dockets Management Branch (HFA– subcommittee will discuss data relevant involved. There are no closed portions 305), Food and Drug Administration, to NDA 50–715 (soft gelatin capsules) for the meetings announced in this rm. 1–23, 12420 Parklawn Dr., and NDA 50–716 (oral solution) for Rockville, MD 20857, approximately 15 notice. The dates and times reserved for cyclosporine microemulsion (Neoral , the open portions of each committee working days after the meeting, between Sandoz Pharmaceuticals Corp.) for meeting are listed above. the hours of 9 a.m. and 4 p.m., Monday prophylaxis of organ rejection in The open public hearing portion of through Friday. Summary minutes of kidney, liver, and heart allergenic each meeting shall be at least 1 hour the open portion of the meeting may be transplants. long unless public participation does requested in writing from the Freedom Immunology Devices Panel of the not last that long. It is emphasized, of Information Office (address above) Medical Devices Advisory Committee however, that the 1 hour time limit for beginning approximately 90 days after an open public hearing represents a the meeting. Date, time, and place. March 31, minimum rather than a maximum time This notice is issued under section 1995, 9 a.m., Corporate Bldg., 9200 for public participation, and an open Corporate Blvd., main conference room, public hearing may last for whatever 10(a)(1) and (2) of the Federal Advisory Rockville, MD. longer period the committee Committee Act (5 U.S.C. app. 2), and Type of meeting and contact person. chairperson determines will facilitate FDA’s regulations (21 CFR part 14) on Open public hearing, 9 a.m. to 10 a.m., the committee’s work. advisory committees. 9338 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Dated: February 14, 1995. Bethesda, MD 20852, 301–827–0314, or information, or views, orally or in Linda A. Suydam, FDA Advisory Committee Information writing, on issues pending before the Interim Deputy Commissioner for Operations. Hotline, 1–800–741–8138 (301–443– committee. Those desiring to make [FR Doc. 95–4194 Filed 2–16–95; 8:45 am] 0572 in the Washington, DC area), formal presentations should notify the BILLING CODE 4160±01±F Allergenic Products Advisory contact person before March 16, 1995, Committee, code 12388. and submit a brief statement of the General function of the committee. general nature of the evidence or Advisory Committees; Notice of Meetings The committee reviews and evaluates arguments they wish to present, the AGENCY: Food and Drug Administration, data on the safety and effectiveness of names and addresses of proposed HHS. allergenic biological products intended participants, and an indication of the for use in the diagnosis, prevention, or approximate time required to make their ACTION: Notice. treatment of human disease. comments. SUMMARY: This notice announces Agenda—Open public hearing. Open committee discussion. The forthcoming meetings of public advisory Interested persons requesting to present committee will discuss the new drug committees of the Food and Drug data, information, or views, orally or in application (NDA) 18–922, Lodine Administration (FDA). This notice also writing, on issues pending before the (etodolac) Wyeth-Ayerst Laboratories, summarizes the procedures for the committee, should communicate with which is proposed for the treatment of meetings and methods by which the contact person. rheumatoid arthritis. interested persons may participate in Open committee discussion. The Closed committee deliberations. The open public hearings before FDA’s committee will discuss the intramural committee will review trade secret and/ advisory committees. scientific program of the Laboratory of or confidential commercial information Immunobiochemistry and the clinical relevant to pending investigational new FDA has established an Advisory research programs of individuals in the drugs. This portion of the meeting will Committee Information Hotline (the Division of Allergenic Products and be closed to permit discussion of this hotline) using a voice-mail telephone Parasitology. information (5 U.S.C. 552b(c)(4)). system. The hotline provides the public Closed committee deliberations. The Each public advisory committee with access to the most current committee will discuss the intramural meeting listed above may have as many information on FDA advisory committee scientific program. This portion of the as four separable portions: (1) An open meetings. The advisory committee meeting will be closed to prevent public hearing, (2) an open committee hotline, which will disseminate current disclosure of personal information discussion, (3) a closed presentation of information and information updates, concerning individuals associated with data, and (4) a closed committee can be accessed by dialing 1–800–741– the research program, disclosure of deliberation. Every advisory committee 8138 or 301–443–0572. Each advisory which would constitute a clearly meeting shall have an open public committee is assigned a 5-digit number. unwarranted invasion of personal hearing portion. Whether or not it also This 5-digit number will appear in each privacy (5 U.S.C. 552b(c)(6)). includes any of the other three portions individual notice of meeting. The will depend upon the specific meeting hotline will enable the public to obtain Arthritis Advisory Committee involved. The dates and times reserved information about a particular advisory Date, time, and place. March 27, for the separate portions of each committee by using the committee’s 5- 1995, 8:30 a.m., Holiday Inn—Silver committee meeting are listed above. digit number. Information in the hotline Spring, Plaza Ballroom, 8777 Georgia The open public hearing portion of is preliminary and may change before a Ave., Silver Spring, MD. Elsewhere in each meeting shall be at least 1 hour meeting is actually held. The hotline this issue of the Federal Register, FDA long unless public participation does will be updated when such changes are is publishing a notice announcing a not last that long. It is emphasized, made. joint meeting on March 28, 1995, with however, that the 1 hour time limit for MEETINGS: The following advisory the Nonprescription Drugs Advisory an open public hearing represents a committee meetings are announced: Committee. minimum rather than a maximum time Allergenic Products Advisory Type of meeting and contact person. for public participation, and an open Committee Open public hearing, 8:30 a.m. to 9:30 public hearing may last for whatever a.m., unless public participation does longer period the committee Date, time, and place. March 10, not last that long; open committee chairperson determines will facilitate 1995, 9 a.m., Woodmont Office Complex discussion, 9:30 a.m. to 12:30 p.m.; the committee’s work. I, conference room 400–N, 1401 closed committee deliberations, 12:30 Public hearings are subject to FDA’s Rockville Pike, Rockville, MD. p.m. to 5:30 p.m.; Isaac F. Roubein, guideline (subpart C of 21 CFR part 10) Type of meeting and contact person. Center for Drug Evaluation and Research concerning the policy and procedures This meeting will be held by a (HFD–9), Food and Drug for electronic media coverage of FDA’s telephone conference call. A speaker Administration, 5600 Fishers Lane, public administrative proceedings, telephone will be provided in the Rockville, MD 20857, 301–443–5455, or including hearings before public conference room to allow public FDA Advisory Committee Information advisory committees under 21 CFR part participation in the meeting. Open Hotline, 1–800–741–8138 (301–443– 14. Under 21 CFR 10.205, committee discussion on review of 0572 in the Washington, DC area), representatives of the electronic media research, 9 a.m. to 10 a.m.; closed Arthritis Advisory Committee, code may be permitted, subject to certain committee deliberations, 10 a.m. to 12532. limitations, to videotape, film, or 11:05 a.m.; open public hearing, 11:05 General function of the committee. otherwise record FDA’s public a.m. to 12:05 p.m., unless public The committee reviews and evaluates administrative proceedings, including participation does not last that long; data on the safety and effectiveness of presentations by participants. Jack Gertzog or Sandy Salins, Center for marketed and investigational human Meetings of advisory committees shall Biologics Evaluation and Research drugs for use in arthritic conditions. be conducted, insofar as is practical, in (HFM–21), Food and Drug Agenda—Open public hearing. accordance with the agenda published Administration, 1401 Rockville Pike, Interested persons may present data, in this Federal Register notice. Changes Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9339 in the agenda will be announced at the Examples of portions of FDA advisory Gaucher disease, the inherited beginning of the open portion of a committee meetings that ordinarily may deficiency of the enzyme meeting. be closed, where necessary and in glucocerebrosidase, is the most common Any interested person who wishes to accordance with FACA criteria, include lysosomal storage disease and the most be assured of the right to make an oral the review, discussion, and evaluation frequently inherited disorder in the presentation at the open public hearing of drafts of regulations or guidelines or Ashkenazic Jewish population. In the portion of a meeting shall inform the similar preexisting internal agency past decade there has been much contact person listed above, either orally documents, but only if their premature progress both in our understanding of or in writing, prior to the meeting. Any disclosure is likely to significantly the molecular biology of the disease and person attending the hearing who does frustrate implementation of proposed the ability to treat Gaucher patients. not in advance of the meeting request an agency action; review of trade secrets However, many issues regarding opportunity to speak will be allowed to and confidential commercial or diagnosis, population screening, and make an oral presentation at the financial information submitted to the therapy for Gaucher patients do not hearing’s conclusion, if time permits, at agency; consideration of matters have clear consensus. Gaucher disease the chairperson’s discretion. involving investigatory files compiled is characterized by a remarkable degree The agenda, the questions to be for law enforcement purposes; and of clinical heterogeneity, ranging from addressed by the committee, and a review of matters, such as personnel severely affected infants to totally current list of committee members will records or individual patient records, asymptomatic adults. Patients with be available at the meeting location on where disclosure would constitute a Gaucher disease have been classified the day of the meeting. clearly unwarranted invasion of into three major types on the basis of Transcripts of the open portion of the personal privacy. clinical signs and symptoms: Type 1— meeting may be requested in writing Examples of portions of FDA advisory non-neuropathic; type 2—acute from the Freedom of Information Office committee meetings that ordinarily shall neuropathic; and type 3—subacute (HFI–35), Food and Drug not be closed include the review, neuropathic. Administration, rm. 12A–16, 5600 discussion, and evaluation of general All types of Gaucher disease result Fishers Lane, Rockville, MD 20857, preclinical and clinical test protocols from the deficiency of the same enzyme, approximately 15 working days after the and procedures for a class of drugs or glucocerebrosidase, and the diagnosis meeting, at a cost of 10 cents per page. devices; consideration of labeling can be made by measurement of enzyme The transcript may be viewed at the requirements for a class of marketed activity obtained from a tube of blood. Dockets Management Branch (HFA– drugs or devices; review of data and The most striking difference between 305), Food and Drug Administration, information on specific investigational the types is the presence of neurologic rm. 1–23, 12420 Parklawn Dr., or marketed drugs and devices that have manifestations and the rate of Rockville, MD 20857, approximately 15 previously been made public; progression. Even within the different working days after the meeting, between presentation of any other data or types there is not a unique clinical the hours of 9 a.m. and 4 p.m., Monday information that is not exempt from presentation. Some patients with type 1 through Friday. Summary minutes of public disclosure pursuant to the FACA, Gaucher disease, which is by far the the open portion of the meeting may be as amended; and, deliberation to most common type, may display requested in writing from the Freedom formulate advice and recommendations anemia, low platelets, massively of Information Office (address above) to the agency on matters that do not enlarged livers and spleens, and beginning approximately 90 days after independently justify closing. extensive skeletal disease, while others the meeting. This notice is issued under section have no symptoms and have been The Commissioner has determined for 10(a)(1) and (2) of the Federal Advisory recognized only during screening or the reasons stated that those portions of Committee Act (5 U.S.C. app. 2), and evaluation for other diseases. the advisory committee meetings so FDA’s regulations (21 CFR part 14) on The gene for glucocerebrosidase on designated in this notice shall be closed. advisory committees. chromosome 1q21 has been The Federal Advisory Committee Act Dated: February 14, 1995. characterized and sequenced. Multiple (FACA) (5 U.S.C. app. 2, 10(d)), permits mutations have been identified in the Linda A. Suydam, such closed advisory committee glucocerebrosidase gene in patients’ meetings in certain circumstances. Interim Deputy Commissioner for Operations. DNA, several of which are encountered Those portions of a meeting designated [FR Doc. 95–4195 Filed 2–16–95; 8:45 am] frequently. While some patients with as closed, however, shall be closed for BILLING CODE 4160±01±F similar clinical courses share the same the shortest possible time, consistent genotype, there are other examples with the intent of the cited statutes. where patients with the same DNA National Institutes of Health The FACA, as amended, provides that mutations have very different clinical a portion of a meeting may be closed Technology Assessment Conference manifestations. It is still not clear to where the matter for discussion involves on Gaucher Disease: Current Issues in what extent a person’s phenotype or a trade secret; commercial or financial Diagnosis and Treatment prognosis can be accurately predicted information that is privileged or on the basis of current DNA mutation confidential; information of a personal Notice is hereby given of the NIH analysis. Furthermore, while the nature, disclosure of which would be a Technology Assessment Conference on availability of molecular techniques has clearly unwarranted invasion of ‘‘Gaucher Disease: Current Issues in made possible early prenatal diagnosis, personal privacy; investigatory files Diagnosis and Treatment,’’ which will heterozygote detection and population compiled for law enforcement purposes; be held February 27–March 1, 1995, in screening for Gaucher disease, the information the premature disclosure of the Masur Auditorium of the National advisability and usefulness of these which would be likely to significantly Institutes of Health, 9000 Rockville techniques remains unsolved. frustrate implementation of a proposed Pike, Bethesda, Maryland 20892. The Gaucher disease has been agency action; and information in conference begins at 8:30 a.m. on traditionally managed by supportive certain other instances not generally February 27 and 28 and at 9 a.m. on therapy including total and partial relevant to FDA matters. March 1. splenectomy, transfusions, and 9340 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices orthopedic procedures. Bone marrow National Institute of Child Health and identify gaps and make recommendations transplantation has also been Human Development, the National regarding opportunities and priorities for successfully performed. More recently Institute of Diabetes and Digestive and future contract or grant solicitations. enzyme replacement therapy has Kidney Diseases, the National Institute Contact Person: Hannah H. Peavy, M.D., become available using a mannose of Neurological Disorders and Stroke, 5333 Westbard Avenue, Room 6A09, terminated form human the National Center for Research Bethesda, Maryland 20892 (301) 594–7428. glucocerebrosidase. This therapy, often Resources, and the National Center for Name of Panel: NHLBI SEP on Critical costing $100,000 to $300,000 per adult Human Genome Research. Care. patient annually, has effectively Advance information on the Dates of Meeting: March 28, 1995. Time of Meeting: 8:30 a.m. improved biochemical and hematologic conference program and conference Place of Meeting: National Institutes of manifestations of this disorder in many registration materials may be obtained Health, Natcher, Building 45, Conference patients and has reversed from: Debra DeBose, Technical Room C–1, Bethesda, Maryland 20892. hepatosplenomegaly. The optimal Resources International, Inc., 3202 Agenda: The panel will review the current dosing for this preparation is still under Tower Oaks Blvd., Suite 200, Rockville, status of research in the designated areas, investigation. Also, other novel Maryland 20852, (301) 770–3153. identify gaps and make recommendations strategies for enzyme therapy and gene The technology assessment statement regarding opportunities and priorities for therapy for Gaucher disease are being will be submitted for publication in future contract or grant solicitations. actively pursued. professional journals and other Contact Person: Carol H. Bosken, M.D., The purpose of this Technology publications. In addition, the statement 5333 Westbard Avenue, Room 6A07, Assessment Conference is to evaluate will be available beginning March 1, Bethesda, Maryland 20892, (301) 549–7428. current concepts concerning diagnosis, 1995 from the NIH Consensus Program (Catalog of Federal Domestic Assistance genetic counseling, and management of Information Service, P.O. Box 2577, Programs Nos. 93.837, Heart and Vascular Gaucher disease. The conference will Kensington, Maryland 20891, phone 1– Diseases Research; 93.838, Lung Diseases bring together epidemiologists, 800–NIH–OMAR (1–800–644–6627). Research; and 93.839, Blood Diseases and Resources Research, National Institutes of geneticists, pediatricians, neurologists, Dated: February 10, 1995. obstetricians, orthopedists, Health.) Ruth L. Kirschstein, hematologists, genetic counselors, Dated: February 9, 1995. clinical pathologists, others involved in Deputy Director, NIH. Susan K. Feldman, health care delivery, as well as [FR Doc. 95–3991 Filed 2–16–95; 8:45 am] Committee Management Officer, NIH. representatives of the public to review BILLING CODE 4140±01±M [FR Doc. 95–3988 Filed 2–16–95; 8:45 am] available data and make BILLING CODE 4140±01±M recommendations regarding population National Heart, Lung, and Blood screening, genetic counseling, and Institute; Notice of Meeting current patient management as well as National Heart, Lung, and Blood for future research. Pursuant to Pub. L. 92–463, notice is Institute; Notice of a Closed Meeting After 1-1⁄2 days of presentations and hereby given of the meetings of the audience discussion, an independent, following Heart, Lung, and Blood Pursuant to Section 10(d) of the non-Federal panel will weigh the Special Emphasis Panels. Federal Advisory Committee Act, as scientific evidence and write a draft These meetings will be open to the amended (5 U.S.C. Appendix 2), notice statement that it will present to the public to provide concept review of is hereby given of the following Heart, audience on the third day. The proposed contract or grant solicitations. Lung, and Blood Special Emphasis statement will address the following key Individuals who plan to attend and Panel (SEP) meeting: questions: need special assistance, such as a sign Name of SEP: Demonstration and What is the natural history of Gaucher language interpretation or other Education Research Applications. disease and what is the appropriate reasonable accommodations, should Date: March 14–15, 1995. technology to assess the severity and to inform the Contact Person listed below Time: 9:00 a.m. predict the progression of this disorder? in advance of the meeting. Place: Stouffer Concourse Hotel, Arlington, What are the roles of current VA. Name of Panel: NHLBI SEP on Pulmonary molecular and enzymatic assays for Contact Person: Dr. Louise Corman, 5333 Vascular Biology. Westbard Avenue, Room 548, Bethesda, MD ascertaining affected individuals and Dates of Meeting: March 9, 1995. carriers in various populations? Time of Meeting: 8:00 a.m. 20892, (301) 594–7452. What are the indications for treatment Place of Meeting: National Institutes of Purpose/Agenda: To review and evaluate of patients with Gaucher disease and Health, Building 31C, Conference Room 8, grant applications. what are the appropriate modes of Bethesda, Maryland. The meeting will be closed in accordance therapy? Agenda: The panel will review the current with the provisions set forth in sec. What are the goals for and status of research in the designated areas, 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. consequences of treatment and how can identify gaps and make recommendations Applications and/or proposals and the discussions could reveal confidential trade the therapeutic interventions be regarding opportunities and priorities for secrets or commercial property such as assessed? future contract or grant solicitations. Contact Person: Dorothy B. Gail, Ph.D., patentable material and personal information Under what circumstances could concerning individuals associated with the genotype/phenotype correlations be 5333 Westbard Avenue, Room 6407, Bethesda, Maryland 20892, (301) 549–7428. applications and/or proposals, the disclosure used for patient care and counseling? of which would constitute a clearly What are the appropriate directions Name of Panel: NHLBI SEP on TB/AIDS. Dates of Meeting: March 21, 1995. unwarranted invasion of personal privacy. for future research? Time of Meeting: 8:30 a.m. (Catalog of Federal Domestic Assistance The primary sponsors for this Place of Meeting: National Institutes of Programs Nos. 93.837, Heart and Vascular conference are the National Institute of Health, Natcher, Building 45, Conference Diseases Research; 93.838, Lung Diseases Mental Health and the NIH Office of Room C–1, Bethesda, Maryland 20892. Research; and 93.839, Blood Diseases and Medical Applications of Research. The Agenda: The panel will review the current Resources Research, National Institutes of conference is cosponsored by the status of research in the designated areas, Health.) Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9341 Dated: February 9, 1995. The meetings will be closed in accordance 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Susan K. Feldman, with the provisions set forth in sec. Applications and/or proposals and the 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Committee Management Officer, NIH. discussions could reveal confidential trade Applications and/or proposals and the secrets or commercial property such as [FR Doc. 95–3989 Filed 2–16–95; 8:45 am] discussions could reveal confidential trade patentable material and personal information BILLING CODE 4140±01±M secrets or commercial property such as concerning individuals associated with the patentable material and personal information applications and/or proposals, the disclosure concerning individuals associated with the of which would constitute a clearly National Institute on Aging; Notice of applications and/or proposals, the disclosure unwarranted invasion of personal privacy. Closed Meetings of which would constitute a clearly This notice is being published less than 15 unwarranted invasion of personal privacy. days prior to the meeting due to the urgent Pursuant to Section 10(d) of the (Catalog of Federal Domestic Assistance need to meet timing limitations imposed by Federal Advisory Committee Act, as Program No. 93.866, Aging Research, the grant review cycle. amended (5 U.S.C. Appendix 2), notice National Institutes of Health.) (Catalog of Federal Domestic Assistance is hereby given the following meetings: Dated: February 9, 1995. Program Nos. 93.306, 93.333, 93.337, 93.393– Name of Committee: Biological and Susan K. Feldman, 93.396, 93.837–93.844, 93.846–93.878, Clinical Aging Review Committee Committee Management Officer, NIH. 93.892, 93.893, National Institutes of Health, HHS) (Subcommittee A). [FR Doc. 95–3987 Filed 2–16–95; 8:45 am] Date: March 6, 1995. Dated: February 9, 1995. BILLING CODE 4140±01±M Time: 1 p.m. to adjournment. Susan K. Feldman, Place: Gateway Building, Bethesda, Committee Management Officer, NIH. Maryland 20892. Contact Person: Arthur Schaerdel, D.V.M., Division of Research Grants; Notice of [FR Doc. 95–3990 Filed 2–16–95; 8:45 am] Gateway Building, Room 2C212, National Closed Meetings BILLING CODE 4140±01±M Institutes of Health, Bethesda, Maryland Pursuant to Section 10(d) of the 20892, (301) 496–9666. Purpose/Agenda: Teleconference call for Federal Advisory Committee Act, as the review, discussion, and evaluation of amended (5 U.S.C. Appendix 2), notice DEPARTMENT OF HEALTH AND individual research grant applications. is hereby given of the following Division HUMAN SERVICES Name of Committee: Biological and of Research Grants Special Emphasis Clinical Aging Review Committee Panel (SEP) meetings: Social Security Administration (Subcommittee B). Purpose/Agenda: To review individual Agency Forms Submitted to the Office Date: March 7–8, 1995. grant applications. Time: March 7–8 to 10 p.m.; March 8–8 Name of SEP: Chemistry and Related of Management and Budget for a.m. to 12 noon. Sciences. Clearance Place: Holiday Inn Crowne Plaza, 1750 Date: March 3, 1995. Rockville Pike, Rockville, Maryland 20850. Time: 1:00 p.m. Normally on Fridays, the Social Contact Person: James Harwood, Ph.D., Place: NIH, Westwood Building, Room Security Administration publishes a list Gateway Building, Room 2C212, National 318A, Telephone Conference. of information collection packages that Institutes of Health, Bethesda, Maryland Contact Person: Dr. Alec Liacouras, have been submitted to the Office of 20892, (301) 496–9666. Scientific Review Administrator, 5333 Management and Budget (OMB) for Purpose/Agenda: For the review, Westbard Ave., Room 318A, Bethesda, MD clearance in compliance with P.L. 96– discussion, and evaluation of individual 20892, (301) 594–7264. research grant applications. 511, The Paperwork Reduction Act. The Name of SEP: Biological and Physiological following clearance packages have been Name of Committee: Neuroscience, Sciences. submitted to OMB since the last list was Behavior and Sociology of Aging Review Date: March 10, 1995. Committee (Subcommittee A). Time: 1:30 p.m. published in the Federal Register on Date: March 19–21, 1995. Place: NIH, Westwood Building, Room January 13, 1995. Time: March 19—7:30 to 8 p.m.; March 418A, Telephone Conference. (Call Reports Clearance Officer on (410) 965– 20—8:30 a.m. to 5 p.m.; March 21—8:30 a.m. Contact Person: Dr. Anne Clark, Scientific 4142 for copies of package.) to 5 p.m. Review Administrator, 5333 Westbard Ave., Place of Meeting: Bethesda Marriott Hotel, Room 418A, Bethesda, MD 20892, (301) 594– 1. Drug Addiction and Alcoholism 5151 Pooks Hill Road, Bethesda, Maryland 7115. Referral and Monitoring Agency 20814. Name of SEP: Chemistry and Related Treatment Requirements Contact Person: Maria Mannarino, M.D., Sciences. Acknowledgement; Drug Addiction and Louise Hsu, Ph.D., Gateway Building, Room Date: March 8, 1995. Alcoholism Referral and Monitoring 2C212, National Institutes of Health, Time: 12:00 p.m. (noon). Agency Assessment/Referral and Bethesda, Maryland 20892, (301) 496–9666. Place: NIH, Westwood Building, Room Purpose/Agenda: For the review, Tracking Summary—0960–NEW. The 335, Telephone Conference. information is needed to implement the discussion, and evaluation of individual Contact Person: Dr. Edward Zapolski, research grant applications. Scientific Review Administrator, 5333 requirements of Public Law 103–296, Name of Committee: Neuroscience, Westbard Ave., Room 335, Bethesda, MD section 201. The form SSA–386 is used Behavior and Sociology of Aging Review 20892, (301) 594–7302. by the Social Security Administration to Committee (Subcommittee B). Name of SEP: Chemistry and Related obtain acknowledgement of the Date: March 13, 1995. Sciences. individual’s understanding of his rights Time: 12:30 p.m. to 5 p.m. Date: March 15, 1995. and responsibilities as a beneficiary Place: Gateway Building, Bethesda, Time: 2:00 p.m. receiving drug addiction and alcoholism Maryland 20814. Place: NIH, Westwood Building, Room (DA&A) benefits. The form SSA–387 is Contact Person: William Kachadorian, 335, Telephone Conference. used to monitor compliance with Ph.D., Gateway Building, Room 2C212, Contact Person: Dr. Edward Zapolski, treatment requirements of DA&A National Institutes of Health, Bethesda, Scientific Review Administrator, 5333 Maryland 20892, (301) 496–9666. Westbard Ave., Room 335, Bethesda, MD beneficiaries and to determine eligibility Purpose/Agenda: Teleconference call for 20892, (301) 594–7302. for and retention of DA&A benefits. The the review, discussion, and evaluation of The meetings will be closed in accordance respondents are referral and monitoring individual research grant applications. with the provisions set forth in secs. agencies, treatment facilities and 9342 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices beneficiaries who are disabled based on Date: February 8, 1995. DEPARTMENT OF HOUSING AND DA&A. Charlotte Whitenight, URBAN DEVELOPMENT Number of Respondents: 184,000 Reports Clearance Officer, Social Security Frequency of Response: One (SSA–386) Administration. Office of the Assistant Secretary for One per month (SSA–387) [FR Doc. 95–3672 Filed 2–16–95; 8:45 am] Community Planning and Average Burden Per Response: 5 BILLING CODE 4190±29±P Development minutes (SSA–386) 10 minutes (SSA– [Docket No. N±95±1917; FR±3778±N±24] 387) Estimated Annual Burden: 395,600 Substance Abuse and Mental Health Federal Property Suitable as Facilities hours Services Administration to Assist the Homeless 2. Employer Verification of Earnings AGENCY: Office of the Assistant for Children Under Age 7—0960–0505. Substance Abuse Treatment Secretary for Community Planning and The information on form SSA-L3231–C1 Conference Grants Development, HUD. is used by the Social Security Administration to ensure that the proper AGENCY: Center for Substance Abuse ACTION: Notice. Treatment, Substance Abuse and Mental person is credited with earnings SUMMARY: This Notice identifies reported for a minor under age 7. The Health Services Administration (SAMHSA), HHS. unutilized, underutilized, excess, and respondents are businesses reporting surplus Federal property reviewed by earnings for children under age 7. ACTION: Clarification notice. HUD for suitability for possible use to Number of Respondents: 20,000 assist the homeless. Frequency of Response: 1 SUMMARY: Public notice was given in the ADDRESSES: For further information Average Burden Per Response: 10 Federal Register on July 25, 1994, contact William Molster, room 7256, minutes Volume 59, No. 141, pages 37773– Department of Housing and Urban Estimated Annual Burden: 3,333 hours 37775, that the Center for Substance Development, 451 Seventh Street SW, 3. Application for Child’s Insurance Abuse Treatment is soliciting Washington, DC 20410; telephone (202) Benefits—0960–0010. The information applications for domestic conferences 708–1226; TDD number for the hearing- on form SSA–4–BK is used by the Social for the purpose of coordinating, and speech-impaired (202) 708–2565 Security Administration to elicit exchanging and disseminating (these telephone numbers are not toll- information needed to determine information in furtherance of its mission free), or call the toll-free Title V eligibility of benefits to the child of an to ensure the availability of effective information line at 1–800–927–7588. insured individual retired because of treatment and recovery services for SUPPLEMENTARY INFORMATION: In old age or disability, and to a surviving individuals who suffer from problems accordance with 56 FR 23789 (May 24, child of a deceased worker. The related to alcohol and other drugs 1991) and section 501 of the Stewart B. respondents are children of fully (AOD) of abuse. McKinney Homeless Assistant Act (42 insured wage earners. On page 37773, under the Program U.S.C. 11411), as amended, HUD is Number of Respondents: 1,740,000 Description section, it states that ‘‘CSAT publishing this Notice to identify Frequency of Response: 1 will provide support for up to fifty Federal buildings and other real Average Burden Per Response: Varies— percent (to a maximum of $50,000) of property that HUD has reviewed for 10.5 or 15.5 minutes, depending on the total costs of planned meetings and suitability for use to assist the homeless. type of claim conferences sponsored by new or The properties were reviewed using Estimated Annual Burden: 372,417 information provided to HUD by hours ongoing constituent organizations or coalitions in their efforts to provide Federal landholding agencies regarding 4. Certificate of Responsibility for treatment for drugs of abuse.’’ unutilized and underutilized buildings Welfare and Care of Child Not in and real property controlled by such Applicant’s Custody—0960–0019. The This funding guideline should have agencies or by GSA regarding its information on form SSA–781 is used translated into one additional criterion inventory of excess or surplus Federal by the Social Security Administration to under Award Decision Criteria on page property. This Notice is also published determine whether the ‘‘In Care’’ 37775, to read as follows: ‘‘7. A budget in order to comply with the December entitlement factor is met. The fully documenting that non-CSAT 12, 1988 Court Order in National respondents are applicants for benefits support equals at least 50% of the total Coalition for the Homeless v. Veterans whose entitlement depends upon cost of the conference.’’ Administration, No. 88–2503–OG having an entitled child of the wage All applications received after the (D.D.C.). earner in their care. publication of this clarification notice Properties reviewed are listed in this Number of Respondents: 14,000 will be returned to the applicant if the Notice according to the following Frequency of Response: 1 application does not provide a budget categories: Suitable/available, suitable/ Average Burden Per Response: 10 that fully documents that non-CSAT unavailable, suitable/to be excess, and minutes support equals at least 50% of the total unsuitable. The properties listed in the Estimated Annual Burden: 2,333 hours cost of the conference. three suitable categories have been OMB Desk Officer: Laura Oliven All future guidance provided to reviewed by the landholding agencies, Written comments and potential applicants who request grant and each agency has transmitted to recommendations regarding these application kits will contain this HUD: (1) Its intention to make the information collections should be sent additional award criterion. property available for use to assist the directly to the appropriate OMB Desk homeless, (2) its intention to declare the Officer designated above at the Dated: February 12, 1995. property excess to the agency’s needs, or following address: Office of Richard Kopanda, (3) a statement of the reasons that the Management and Budget, OIRA New Acting Executive Officer, SAMHSA. property cannot be declared excess or Executive Office Building, Room 10230 [FR Doc. 95–3969 Filed 2–16–95; 8:45 am] made available for use as facilities to Washington, DC 20503. BILLING CODE 4162±20±P assist the homeless. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9343 Properties listed as suitable/available Force Real Estate Agency (Area/MI), Bldg. 605 will be available exclusively for Bolling AFB, 172 Luke Avenue, Suite Point Arena Air Force Station homeless use for a period of 60 days 104, Building 5683, Washington, DC (See County) Co: Mendocino CA 95468–5000 from the date of this Notice. Homeless Landholding Agency: Air Force 20332–5113; (202) 767–6235; GSA: Property Number: 189010238 assistance providers interested in any Leslie Carrington, Federal Property Status: Unutilized such property should send a written Resources Services, GSA, 18th and F Comment: 1232 sq. ft.; stucco-wood frame; expression of interest to HHS, addressed Streets NW., Washington, DC 20405; most recent use—housing. to Judy Breitman, Division of Health (202) 208–0619; Dept. of Interior: Lola Bldg. 612 Facilities Planning, U.S. Public Health D. Knight, Property Management Point Arena Air Force Station Service, HHS, room 17A–10, 5600 Specialist, Dept of Interior, 1849 C St. (See County) Co: Mendocino CA 95468–5000 Fishers Lane, Rockville, MD 20857; NW., Mailstop 5512–MIB, Washington, Landholding Agency: Air Force (301) 443–2265. (This is not a toll-free DC 20240; (202) 208–4080; (These are Property Number: 189010239 number.) HHS will mail to the not toll-free numbers). Status: Unutilized interested provider an application Comment: 1232 sq. ft.; stucco-wood frame; Dated: February 10, 1995. most recent use—housing. packet, which will include instructions Jacquie M. Lawing, for completing the application. In order Bldg. 611 Point Arena Air Force Station to maximize the opportunity to utilize a Deputy Assistant Secretary for Economic Development. (See County) Co: Mendocino CA 95468–5000 suitable property, providers should Landholding Agency: Air Force submit their written expressions of Title V, Federal Surplus Property Program, Property Number: 189010240 interest as soon as possible. For Federal Register Report for 02/17/95 Status: Unutilized complete details concerning the Suitable/Available Properties Comment: 1232 sq. ft.; stucco-wood frame; processing of applications, the reader is most recent use—housing. Buildings (by State) encouraged to refer to the interim rule Bldg. 613 governing this program, 56 FR 23789 Alabama Point Arena Air Force Station (May 24, 1991). Bldg. TU–22 (See County) Co: Mendocino CA 95468–5000 For properties listed as suitable/to be Selden Lock and Dam Landholding Agency: Air Force excess, that property may, if Route 1 Property Number: 189010241 subsequently accepted as excess by Sawyerville Co: Hale AL 36776– Status: Unutilized Comment: 1232 sq. ft.; stucco-wood frame; GSA, be made available for use by the Landholding Agency: COE Property Number: 319011551 most recent use—housing. homeless in accordance with applicable Status: Unutilized Bldg. 614 law, subject to screening for other Comment: 1080 sq. ft., 1-story frame Point Arena Air Force Station Federal use. At the appropriate time, residence, needs minor repair, most recent (See County) Co: Mendocino CA 95468–5000 HUD will publish the property in a use—lock tender’s dwelling. Landholding Agency: Air Force Notice showing it is either suitable/ Bldg. TU–21 Property Number: 189010242 available or suitable/unavailable. Selden Lock and Dam Status: Unutilized For properties listed as suitable/ Route 1 Comment: 1232 sq. ft.; stucco-wood frame; unavailable, the landholding agency has Sawyerville Co: Hale AL 36776– most recent use—housing. decided that the property cannot be Landholding Agency: COE Bldg. 615 declared excess or made available for Property Number: 319011552 Point Arena Air Force Station use to assist the homeless, and the Status: Unutilized (See County) Co: Mendocino CA 95468–5000 Comment: 1080 sq. ft.; 1 story frame Landholding Agency: Air Force property will not be available. residence; needs minor repair; most recent Properties listed as unsuitable will Property Number: 189010243 use—lock tender’s dwelling. Status: Unutilized not be made available for any other Bldg. TU–23 Comment: 1232 sq. ft.; stucco-wood frame; purpose for 20 days from the date of this Selden Lock and Dam most recent use—housing. Notice. Homeless assistance providers Route 1 Bldg. 616 interested in a review by HUD of the Sawyerville Co: Hale AL 36776– Point Arena Air Force Station determination of unsuitability should Landholding Agency: COE (See County) Co: Mendocino CA 95468–5000 call the toll free information line at 1– Property Number: 319011553 Landholding Agency: Air Force 800–927–7588 for detailed instructions Status: Unutilized Property Number: 189010244 or write a letter to William Molster at Comment: 1080 sq. ft.; 1 story frame Status: Unutilized residence; needs minor repair; most recent Comment: 1232 sq. ft.; stucco-wood frame; the address listed at the beginning of use—lock tender’s dwelling. this Notice. Included in the request for most recent use—housing. Bldg. TU–24 review should be the property address Bldg. 617 Selden Lock and Dam Point Arena Air Force Station (including zip code), the date of Route 1 publication in the Federal Register, the (See County) Co: Mendocino CA 95468–5000 Sawyerville Co: Hale AL 36776– Landholding Agency: Air Force landholding agency, and the property Landholding Agency: COE Property Number: 189010245 number. Property Number: 319011554 Status: Unutilized For more information regarding Status: Unutilized Comment: 1232 sq. ft.; stucco-wood frame; Comment: 1080 sq. ft.; 1-story frame particular properties identified in this most recent use—housing. Notice (i.e., acreage, floor plan, existing residence; needs minor repair; most recent use—lock tender’s dwelling. Bldg. 618 sanitary facilities, exact street address), Point Arena Air Force Station providers should contact the California (See County) Co: Mendocino CA 95468–5000 appropriate landholding agencies at the Bldg. 604 Landholding Agency: Air Force following addresses: Corps of Engineers: Point Arena Air Force Station Property Number: 189010246 Bob Swieconek, Headquarters, Army (See County) Co: Mendocino CA 95468–5000 Status: Unutilized Landholding Agency: Air Force Comment: 1232 sq. ft.; stucco-wood frame; Corps of Engineers, Attn: CERE–MC, Property Number: 189010237 most recent use—housing; needs rehab. Room 4224, 20 Massachusetts Ave. NW, Status: Unutilized Washington, DC 20314–1000; (202) 272– Comment: 1232 sq. ft.; stucco-wood frame; Colorado 1750; U.S. Air Force: Carol Xander, Air most recent use—housing. Former AF Finance Center 9344 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 3800 York Street Status: Excess Comment: 900 sq. ft.; one floor wood frame; Denver Co: Denver CO 80205– Comment: 3375 sq. ft.; 1 story wood frame; most recent use—residence. Landholding Agency: GSA potential utilities; needs rehab; presence of Bldg. 1 Property Number: 549310011 asbestos; building is set on piers; most Ohio River Locks & Dam No. 53 Status: Excess recent use—medical administration, Grand Chain Co: Pulaski IL 62941–9801 Comment: 293,932 sq. ft., 1-story timber veterinary services. Location: Ohio River Locks and Dam No. 53 frame with masonry exterior, fair Bldg. 611 at Grand Chain condition, most recent use—storage, office, Mountain Home Air Force Base Landholding Agency: COE rehab. Mountain Home AFB Co: Elmore ID 83648– Property Number: 319010007 GSA Number: 7–GR–CO–468–D. Landholding Agency: Air Force Status: Unutilized Florida Property Number: 189440016 Comment: 900 sq. ft.; one floor wood frame; most recent use—residence. Bldg. SF–97 Status: Underutilized Port Mayaca Lock & Spillway Comment: 3200 sq. ft.; 1 story wood frame; Indiana needs repair, presence of lead base paint 9 miles north of Canal Point Bldg. 01, Monroe Lake Port Mayaca Co: Martin FL 33438– and asbestos; most recent use—base chapel. Monroe Cty. Rd. 37 North to Monroe Dam Landholding Agency: COE Rd. Property Number: 319340001 Illinois Bloomington Co: Monroe IN 47401–8772 Status: Unutilized Bldg. 7 Landholding Agency: COE Comment: 1700 sq. ft., 1-story concrete Ohio River Locks & Dam No. 53 Property Number: 319140002 block/stucco, most recent use—laboratory, Grand Chain Co: Pulaski IL 62941–9801 Status: Unutilized off-site use only. Location: Ohio River Locks and Dam No. 53 Comment: 1312 sq. ft., 1 story brick Guam at Grand Chain residence, off-site use only. Anderson VOR Landholding Agency: COE Bldg. 02, Monroe Lake In the municipality of Dededo Property Number: 319010001 Monroe Cty. Rd. 37 North to Monroe Dam Dededo Co: Guam GU 96912– Status: Unutilized Rd. Location: Access is through Route 1 and Comment: 900 sq. ft.; 1 floor wood frame; Bloomington Co: Monroe IN 47401–8772 Route 3, Marine Drive. most recent use—residence. Landholding Agency: COE Landholding Agency: Air Force Bldg. 6 Property Number: 319140003 Property Number: 189010267 Ohio River Locks & Dam No. 53 Status: Unutilized Status: Unutilized Grand Chain Co: Pulaski IL 62941–9801 Comment: 1312 sq. ft., 1 story brick Comment: 550 sq. ft.; 1 story perm/concrete; Location: Ohio River Locks and Dam No. 53 residence, off-site use only. on 226 acres. at Grand Chain Iowa Landholding Agency: COE Anderson Radio Beacon Annex Bldg. 00627 Property Number: 319010002 In the municipality Dededo Sioux Gateway Airport Dededo Co: Guam GU 96912– Status: Unutilized Sioux City Co: Woodbury IA 51110– Location: Approximately 7.2 miles southwest Comment: 900 sq. ft.; one floor wood frame; Landholding Agency: Air Force of Anderson AFB proper; access is from most recent use—residence. Property Number: 189310001 Route 3, Marine Drive. Bldg. 5 Status: Unutilized Landholding Agency: Air Force Ohio River Locks & Dam No. 53 Comment: 1932 sq. ft., 1-story concrete block Property Number: 189010268 Grand Chain Co: Pulaski IL 62941–9801 bldg., most recent use—storage, pigeon Status: Unutilized Location: Ohio River Locks and Dam No. 53 infested. Comment: 480 sq. ft.; 1 story perm/concrete; at Grand Chain Bldg. 00669 on 25 acres; most recent use—radio beacon Landholding Agency: COE facility. Sioux Gateway Airport Property Number: 319010003 Sioux City Co: Woodbury IA 51110– Annex No. 4 Status: Unutilized Landholding Agency: Air Force Anderson Family Housing Comment: 900 sq. ft.; one floor wood frame; Property Number: 189310002 Municipality of Dededo most recent use—residence. Status: Unutilized Dededo Co: Guam GU 96912– Bldg. 4 Comment: 1113 sq. ft., 1-story concrete block Location: Access is through Route 1, Marine Ohio River Locks & Dam No. 53 bldg., contamination clean-up in process. Drive. Grand Chain Co: Pulaski IL 62941–9801 Landholding Agency: Air Force Bldg. 00106, Fort Dodge Location: Ohio River Locks and Dam No. 53 Ft. Dodge Co: Webster IA 50501– Property Number: 189010545 at Grand Chain Status: Underutilized Landholding Agency: Air Force Landholding Agency: COE Property Number: 189310051 Comment: Various sq. ft.; 1 story frame/ Property Number: 319010004 modified quonset; on 376 acres; portions of Status: Unutilized Status: Unutilized Comment: 200 sq. ft., 1-story wood frame, building and land leased to Government of Comment: 900 sq. ft.; one floor wood frame; Guam. needs rehab, most recent use—storage. most recent use—residence. Bldg. —Bridgeview Harmon VORsite (Portion) (AJKZ) Bldg. 3 # Municipality of Dededo rathbun Lake Project, R.R. 3 Ohio River Locks & Dam No. 53 Centerville Co: Appanoose IA 52544– Dededo Co: Guam GU 96912– Grand Chain Co: Pulaski IL 62941–9801 Location: Approx. 12 miles southwest of Landholding Agency: COE Location: Ohio River Locks and Dam No. 53 Anderson AFB proper. Property Number: 319340003 at Grand Chain Landholding Agency: Air Force Status: Unutilized Landholding Agency: COE Property Number: 189120234 Comment: 416 sq. ft., 1-story, most recent Property Number: 319010005 Status: Unutilized use—storage, needs major rehab, off-site Status: Unutilized use only. Comment: 550 sq. ft. bldg., needs rehab on Comment: 900 sq. ft.; one floor wood frame. 82 acres. Bldg. —Island View Bldg. 2 Rathbun Lake Project, R.R. #3 Idaho Ohio River Locks & Dam No. 53 Centerville Co: Appanoose IA 52544– Bldg. 121 Grand Chain Co: Pulaski IL 62941–9801 Landholding Agency: COE Mountain Home Air Force Base Location: Ohio River Locks and Dam No. 53 Property Number: 319340004 Main Avenue (See County) Co: Elmore ID at Grand Chain Status: Unutilized 83648– Landholding Agency: COE Comment: 416 sq. ft., 1-story, most recent Landholding Agency: Air Force Property Number: 319010006 use—storage, needs major rehab, off-site Property Number: 189030007 Status: Unutilized use only. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9345 Bldg. —Rolling Cove Barksdale Radio Beacon Annex Landholding Agency: Air Force Rathbun Lake Project, R.R. #3 Curtis Co: Bossier LA 71111– Property Number: 189010795 Centerville Co: Appanoose IA 52544– Location: 7 miles south of Bossier City on Status: Excess Landholding Agency: COE highway 71 south; left 11⁄4 miles of Comment: 1134 sq. ft.; 1 story wood frame Property Number: 319340005 highway C1552. residence with garage; possible asbestos. Status: Unutilized Landholding Agency: Air Force Bldg. 56 Comment: 416 sq. ft., 1-story, most recent Property Number: 189010269 Calumet Air Force Station use—storage, needs major rehab, off-site Status: Unutilized Calumet Co: Keweenaw MI 49913– use only. Comment: 360 sq. ft.; 1 story wood/concrete; Landholding Agency: Air Force Kansas on 11.25 acres. Property Number: 189010796 Trailer—Clinton Lake Massachusetts Status: Excess Rt. 5, Box 109B NPS Tract #250–50 Comment: 1134 sq. ft.; 1 story wood frame Lawrence Co: Douglas KS 66046– Former Kimpel Property residence with garage; possible asbestos. Landholding Agency: COE Sheffield Co: Berkshire MA 01257– Bldg. 57 Property Number: 319410003 Landholding Agency: Interior Calumet Air Force Station Status: Excess Property Number: 619510004 Calumet Co: Keweenaw MI 49913– Comment: double-wide trailer (24×50), most Status: Excess Landholding Agency: Air Force recent use—residence, needs repair, off-site Comment: 1724 sq. ft., 2 story frame house Property Number: 189010797 use only. w/detached garage; off-site removal only. Status: Excess Comment: 1134 sq. ft.; 1 story wood frame Kentucky Michigan residence with garage; possible asbestos. Green River Lock & Dam #3 Bldg. 30 Bldg. 58 Rochester Co: Butler KY 42273– Calumet Air Force Station Location: SR 70 west from Morgantown, KY., Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– approximately 7 miles to site. Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: COE Property Number: 189010779 Property Number: 189010798 Property Number: 319010022 Status: Excess Status: Excess Status: Unutilized Comment: 2593 sq. ft.; 1 floor; concrete Comment: 1134 sq. ft.; 1 story wood frame Comment: 980 sq. ft.; 2 story wood frame; block; possible asbestos; potential utilities; residence with garage; possible asbestos. two story residence; potential utilities; most recent use-communications needs major rehab. transmitter building. Bldg. 59 Calumet Air Force Station Kentucky River Lock and Dam 3 Bldg. 46 Calumet Co: Keweenaw MI 49913– Plesureville Co: Henry KY 40057– Calumet Air Force Station Landholding Agency: Air Force Location: SR 421 North from Frankfort, KY. Calumet Co: Keweenaw MI 49913– to highway 561, right on 561 Landholding Agency: Air Force Property Number: 189010799 approximately 3 miles to site. Property Number: 189010786 Status: Excess Landholding Agency: COE Status: Excess Comment: 1134 sq. ft.; 1 story wood frame Property Number 319010060 Comment: 5898 sq. ft.; 2 story; concrete residence with garage; possible asbestos. Status: Unutilized block; potential utilities; possible asbestos; Bldg. 60 Comment: 897 sq. ft.; 2 story wood frame; most recent use-visiting personnel housing. Calumet Air Force Station structural deficiencies. Bldg. 51 Calumet Co: Keweenaw MI 49913– Bldg. 1 Calumet Air Force Station Landholding Agency: Air Force Kentucky River Lock and Dam Calumet Co: Keweenaw MI 49913– Property Number: 189010800 Carrolton Co: Carroll KY 41008– Landholding Agency: Air Force Status: Excess Location: Take I–71 to Carrolton, KY exit, go Property Number: 189010791 Comment: 1134 sq. ft.; 1 story wood frame # east on SR 227 to Highway 320, then left Status: Excess residence with garage; possible asbestos. for about 1.5 miles to site. Comment: 1134 sq. ft.; 1 story wood frame Bldg. 61 Landholding Agency: COE residence with garage; possible asbestos. Calumet Air Force Station Property Number: 319011628 Bldg. 52 Calumet Co: Keweenaw MI 49913– Status: Unutilized Calumet Air Force Station Landholding Agency: Air Force Comment: 1530 sq. ft.; 2 story wood frame Calumet Co: Keweenaw MI 49913– Property Number: 189010801 house; subject to periodic flooding; needs Landholding Agency: Air Force Status: Excess rehab. Property Number: 189010792 Comment: 1134 sq. ft.; 1 story wood frame Bldg. 2 Status: Excess residence with garage; possible asbestos. Kentucky River Lock and Dam Comment: 1134 sq. ft.; 1 story wood frame Bldg. 62 Carrolton Co: Carroll KY 41008– residence with garage; possible asbestos. Calumet Air Force Station Location: Take I–71 to Carrolton, KY exit, go Bldg. 53 Calumet Co: Keweenaw MI 49913– east on SR #227 to highway 320, then left Calumet Air Force Station Landholding Agency: Air Force for about 1.5 miles to site. Calumet Co: Keweenaw MI 49913– Property Number: 189010802 Landholding Agency: COE Landholding Agency: Air Force Status: Excess Property Number: 3190011629 Property Number: 189010793 Comment: 1134 sq. ft.; 1 story wood frame Status: Unutilized Status: Excess residence with garage; possible asbestos. Comment: 1530 sq. ft.; 2 story wood frame Comment: 1134 sq. ft.; 1 story wood frame Bldg. 63 house; subject to periodic flooding, needs residence with garage; possible asbestos. rehab. Calumet Air Force Station Bldg. 54 Calumet Co: Keweenaw MI 49913– Utility Bldg, Noline River Lake Calumet Air Force Station Landholding Agency: Air Force Moutardier Recreation Site Calumet Co: Keweenaw MI 49913– Property Number: 189010803 Co: Edmonson KY Landholding Agency: Air Force Status: Excess Landholding Agency: COE Property Number: 189010794 Comment: 1306 sq. ft.; 1 story wood frame Property Number: 319320002 Status: Excess residence with garage; possible asbestos. Status: Unutilized Comment: 1134 sq. ft.; 1 story wood frame Comment: 541 sq. ft., concrete block, off-site Bldg. 64 residence with garage; possible asbestos. use only. Calumet Air Force Station Bldg. 55 Calumet Co: Keweenaw MI 49913– Louisiana Calumet Air Force Station Landholding Agency: Air Force Barksdale Radio Beacon Annex Calumet Co: Keweenaw MI 49913– Property Number: 189010804 9346 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Status: Excess Property Number: 189010814 Comment: 1168 sq. ft.; 1 story wood frame Comment: 1306 sq. ft.; 1 story wood frame Status: Excess residence; potential utilities; possible residence with garage; possible asbestos. Comment: 1168 sq. ft.; 1 story wood frame asbestos. Bldg. 65 residence; potential utilities; possible Bldg. 84 Calumet Air Force Station asbestos. Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Bldg. 76 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Calumet Air Force Station Landholding Agency: Air Force Property Number: 189010805 Calumet Co: Keweenaw MI 49913– Property Number: 189010823 Status: Excess Landholding Agency: Air Force Status: Excess Comment: 1306 sq. ft.; 1 story wood frame Property Number: 189010815 Comment: 1168 sq. ft.; 1 story wood frame residence with garage; possible asbestos. Status: Excess residence; potential utilities; possible Bldg. 66 Comment: 1168 sq. ft.; 1 story wood frame asbestos. Calumet Air Force Station residence; potential utilities; possible Bldg. 85 Calumet Co: Keweenaw MI 49913– asbestos. Calumet Air Force Station Landholding Agency: Air Force Bldg. 77 Calumet Co: Keweenaw MI 49913– Property Number: 189010806 Calumet Air Force Station Landholding Agency: Air Force Status: Excess Calumet Co: Keweenaw MI 49913– Property Number: 189010824 Comment: 1306 sq. ft.; 1 story wood frame Landholding Agency: Air Force Status: Excess residence with garage; possible asbestos. Property Number: 189010816 Comment: 1168 sq. ft.; 1 story wood frame Bldg. 67 Status: Excess residence; potential utilities; possible Calumet Air Force Station Comment: 1168 sq. ft.; 1 story wood frame asbestos. Calumet Co: Keweenaw MI 49913– residence; potential utilities; possible Bldg. 86 Landholding Agency: Air Force asbestos. Calumet Air Force Station Property Number: 189010808 Bldg. 78 Calumet Co: Keweenaw MI 49913– Status: Excess Calumet Air Force Station Landholding Agency: Air Force Comment: 1306 sq. ft.; 1 story wood frame Calumet Co: Keweenaw MI 49913– Property Number: 189010825 residence with garage; possible asbestos. Landholding Agency: Air Force Status: Excess Bldg. 68 Property Number: 189010817 Comment: 1168 sq. ft.; 1 story wood frame Calumet Air Force Station Status: Excess residence; potential utilities; possible Calumet Co: Keweenaw MI 49913– Comment: 1168 sq. ft.; 1 story wood frame asbestos. Landholding Agency: Air Force residence; potential utilities; possible Bldg. 87 Property Number: 189010808 asbestos. Calumet Air Force Station Status: Excess Bldg. 79 Calumet Co: Keweenaw MI 49913– Comment: 1478 sq. ft.; 1 story wood frame Calumet Air Force Station Landholding Agency: Air Force residence with garage; possible asbestos. Calumet Co: Keweenaw MI 49913– Property Number: 189010826 Bldg. 70 Landholding Agency: Air Force Status: Excess Calumet Air Force Station Property Number: 189010818 Comment: 1168 sq. ft.; 1 story wood frame Calumet Co: Keweenaw MI 49913– Status: Excess residence; potential utilities; possible Landholding Agency: Air Force Comment: 1168 sq. ft.; 1 story wood frame asbestos. Property Number: 189010809 residence; potential utilities; possible Bldg. 88 Status: Excess asbestos. Calumet Air Force Station Comment: 1394 sq. ft.; 1 story concrete block; Bldg. 80 Calumet Co: Keweenaw MI 49913– possible asbestos; most recent use-youth Calumet Air Force Station Landholding Agency: Air Force center. Calumet Co: Keweenaw MI 49913– Property Number: 189010827 Bldg. 72 Landholding Agency: Air Force Status: Excess Calumet Air Force Station Property Number: 189010819 Comment: 1168 sq. ft.; 1 story wood frame Calumet Co: Keweenaw MI 49913– Status: Excess residence; potential utilities; possible Landholding Agency: Air Force Comment: 1168 sq. ft.; 1 story wood frame asbestos. Property Number: 189010811 residence; potential utilities; possible Bldg. 89 Status: Excess asbestos. Calumet Air Force Station Comment: 1168 sq. ft.; 1 story wood frame Bldg. 81 Calumet Co: Keweenaw MI 49913– residence with garage; possible asbestos. Calumet Air Force Station Landholding Agency: Air Force Bldg. 73 Calumet Co: Keweenaw MI 49913– Property Number: 189010828 Calumet Air Force Station Landholding Agency: Air Force Status: Excess Calumet Co: Keweenaw MI 49913– Property Number: 189010820 Comment: 1168 sq. ft.; 1 story wood frame Landholding Agency: Air Force Status: Excess residence; potential utilities; possible Property Number: 189010812 Comment: 1168 sq. ft.; 1 story wood frame asbestos. Status: Excess residence; potential utilities; possible Bldg. 97 Comment: 1168 sq. ft.; 1 story wood frame asbestos. Calumet Air Force Station residence; potential utilities; possible Bldg. 82 Calumet Co: Keweenaw MI 49913– asbestos. Calumet Air Force Station Landholding Agency: Air Force Bldg. 74 Calumet Co: Keweenaw MI 49913– Property Number: 189010829 Calumet Air Force Station Landholding Agency: Air Force Status: Excess Calumet Co: Keweenaw MI 49913– Property Number: 189010821 Comment: 171 sq. ft.; 1 floor; potential Landholding Agency: Air Force Status: Excess utilities; most recent use—pump house. Property Number: 189010813 Comment: 1168 sq. ft.; 1 story wood frame Bldg. 98 Status: Excess residence; potential utilities; possible Calumet Air Force Station Comment: 1168 sq. ft.; 1 story wood frame asbestos. Calumet Co: Keweenaw MI 49913– residence; potential utilities; possible Bldg. 83 Landholding Agency: Air Force asbestos. Calumet Air Force Station Property Number: 189010830 Bldg. 75 Calumet Co: Keweenaw MI 49913– Status: Excess Calumet Air Force Station Landholding Agency: Air Force Comment: 114 sq. ft.; 1 floor; potential Calumet Co: Keweenaw MI 49913– Property Number: 189010822 utilities; most recent use—pump house. Landholding Agency: Air Force Status: Excess Bldg. 10 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9347 Calumet Air Force Station Landholding Agency: Air Force Property Number: 549230007 Calumet Co: Keweenaw MI 49913– Property Number: 189010855 Status: Surplus Landholding Agency: Air Force Status: Excess Comment: 1333 sq. ft.; 1-story frame Property Number: 189010836 Comment: 780 sq. ft.; 1 story wood frame residence. Status: Excess housing garage. GSA Number: 2–U–MN–503–E. Comment: 1056 sq. ft.; 1 story wood frame Bldg. 215 Coast Guard Family Housing residence. Calumet Air Force Station 404 East Hamilton Avenue Bldg. 216 Calumet Co: Keweenaw MI 49913– Baudette Co: Lake of the Wood MN 56623– Calumet Air Force Station Landholding Agency: Air Force Landholding Agency: GSA Calumet Co: Keweenaw MI 49913– Property Number: 189010856 Property Number: 549230008 Landholding Agency: Air Force Status: Excess Status: Surplus Property Number: 189010847 Comment: 390 sq. ft.; 1 story wood frame Comment: 1633 sq. ft.; 1-story wood frame Status: Excess housing garage. residence. Comment: 780 sq. ft.; 1 story wood frame Bldg. 212 GSA Number: 2–U–MN–503–E. housing garage. Calumet Air Force Station Coast Guard Family Housing Bldg. 217 Calumet Co: Keweenaw MI 49913– 404 East Hamilton Avenue Calumet Air Force Station Landholding Agency: Air Force Baudette Co: Lake of the Wood MN 56623– Calumet Co: Keweenaw MI 49913– Property Number: 189010859 Landholding Agency: GSA Landholding Agency: Air Force Status: Excess Property Number: 549230009 Property Number: 189010848 Comment: 780 sq. ft.; 1 story wood frame Status: Surplus Status: Excess housing garage. Comment: 1633 sq. ft.; 1-story wood frame Comment: 780 sq. ft.; 1 story wood frame Bldg. 214 residence. housing garage. Calumet Air Force Station GSA Number: 2–U–MN–503–E. Bldg. 218 Calumet Co: Keweenaw MI 49913– Coast Guard Family Housing Calumet Air Force Station Landholding Agency: Air Force 404 East Hamilton Avenue Calumet Co: Keweenaw MI 49913– Property Number: 189010861 Baudette Co: Lake of the Wood MN 56623– Landholding Agency: Air Force Status: Excess Landholding Agency: GSA Property Number: 189010849 Comment: 780 sq. ft.; 1 story wood frame Property Number: 549230010 Status: Excess housing garage. Status: Surplus Comment: 780 sq. ft.; 1 story wood frame Bldg. 23 Comment: 1633 sq. ft.; 1-story wood frame housing garage. Calumet Air Force Station residence. Bldg. 219 Calumet Co: Keweenaw MI 49913– GSA Number: 2–U–MN–503–E. Calumet Air Force Station Landholding Agency: Air Force Missouri Calumet Co: Keweenaw MI 49913– Property Number: 189010865 House No. 2, Clearwater Lake Landholding Agency: Air Force Status: Excess Rt. HH at the dam Property Number: 189010850 Comment: 44 sq. ft.; 1 story; metal frame; Piedmont Co: Wayne MO 63957– Status: Excess prior use—storage of fire hoses. Landholding Agency: COE Comment: 780 sq. ft.; 1 story wood frame Bldg. 24 Property Number: 319430009 housing garage. Calumet Air Force Station Status: Excess Calumet Co: Keweenaw MI 49913– Bldg. 220 Comment: 1600 sq. ft.; 1-story brick veneer Landholding Agency: Air Force Calumet Air Force Station residence, off-site use only. Calumet Co: Keweenaw MI 49913– Property Number: 189010866 Montana Landholding Agency: Air Force Status: Excess Property Number: 189010851 Comment: 44 sq. ft.; 1 story; metal frame; Bldg.-Conrad Training Site Status: Excess prior use—storage of fire hoses. 15 miles east of the City of Conrad Comment: 780 sq. ft.; 1 story wood frame Bldg. 36 Co: Pondera MT 59425– housing garage. Calumet Air Force Station Landholding Agency: Air Force Bldg. 221 Calumet Co: Keweenaw MI 49913– Property Number: 189420025 Calumet Air Force Station Landholding Agency: Air Force Status: Unutilized Calumet Co: Keweenaw MI 49913– Property Number: 189010872 Comment: 7000 sq. ft.; 1-story brick, most Landholding Agency: Air Force Status: Excess recent use-technical training site. Property Number: 189010852 Comment: 25 sq. ft.; 1 floor metal; frame; Nebraska prior use—storage of fire hoses. Status: Excess Bldg. 20, Portion of VA Center Comment: 780 sq. ft.; 1 story wood frame Bldg. 37 600 South 70th Street housing garage. Calumet Air Force Station Lincoln Co: Lancaster NE 68510– Calumet Co: Keweenaw MI 49913– Bldg. 222 Landholding Agency: GSA Landholding Agency: Air Force Calumet Air Force Station Property Number: 549430003 Property Number: 189010873 Calumet Co: Keweenaw MI 49913– Status: Excess Status: Excess Landholding Agency: Air Force Comment: 3428 sq. ft.; 2-story, needs major Comment: 25 sq. ft.; 1 floor metal frame; prior Property Number: 189010853 rehab, presence of asbestos, ornamental use—storage of fire hoses. Status: Excess concrete block structure. Comment: 780 sq. ft.; 1 story wood frame Bldg. 201 GSA Number: 2–RG–NE–427C. Calumet Air Force Station housing garage. New Mexico Calumet Co: Keweenaw MI 49913– Bldg. 223 Landholding Agency: Air Force Socorro Field Division Office Calumet Air Force Station Property Number: 189010879 2401 State Road 1 Calumet Co: Keweenaw MI 49913– Status: Excess Socorro NM 87801–0678 Landholding Agency: Air Force Comment: 25 sq. ft.; 1 floor metal frame; prior Landholding Agency: GSA Property Number: 189010854 use—storage of fire hoses. Property Number: 549510004 Status: Excess Status: Surplus Comment: 780 sq. ft.; 1 story wood frame Minnesota Comment: 8056 sq. ft.; 1-story wood and housing garage. Coast Guard Family Housing metal frame, most recent use-offices/shop/ Bldg. 224 404 East Hamilton Avenue storage, fair condition, off-site removal Calumet Air Force Station Baudette Co: Lake of the Wood MN 56623– only. Calumet Co: Keweenaw MI 49913– Landholding Agency: GSA GSA Number: 7–I–NM–0564. 9348 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Ohio Status: Unutilized easement, if habitation is desired the Barker Historic House Comment: 728 sq. ft., 2-story, needs repairs, property will be required to be flood Willow Island Locks and Dam most recent use—residential/parsonage, if proofed or removed. Newport Co: Washington OH 45768–9801 used for habitation must be flood proofed South Carolina or removed off-site. Location: Located at lock site, downstream of Bldg. 5 Tract 403A lock and dam structure J. S. Thurmond Dam and Reservoir Grays Landing Lock & Dam Project Landholding Agency: COE Clarks Hill Co: McCormick SC Property Number: 319120018 Greensboro Co: Greene PA 15338– Location: 1⁄2 mile east of Resource Managers Status: Unutilized Landholding Agency: COE Office. 1 Comment: 1600 sq. ft. bldg with ⁄2 acre of Property Number: 319430021 Landholding Agency: COE land, 2 story brick frame, needs rehab, on Status: Unutilized Property Number: 319011548 Natl Register of Historic Places, no utilities, Comment: 620 sq. ft., 2-story, needs repair, Status: Excess off-site use only. most recent use—residential, if used for Comment: 1900 sq. ft., 1-story masonry Pennsylvania habitation must be flood proofed or frame; possible asbestos; most recent use— removed off-site. storage, off-site removal only. Mahoning Creek Reservoir Tract 403B New Bethlehem Co: Armstrong PA 16242– Grays Landing Lock & Dam Project South Dakota Landholding Agency: COE Greensboro Co: Greene PA 15338– West Communications Annex Property Number: 31921008 Landholding Agency: COE Ellsworth Air Force Base Status: Unutilized Property Number: 319430022 Ellsworth AFB Co: Meade SD 57706– Comment: 1015 sq. ft., 2 story brick Status: Unutilized Landholding Agency: Air Force residence, off-site use only. Comment: 1600 sq. ft., 2-story, brick Property Number: 189340051 One Unit/Residence structure, needs repair, most recent use— Status: Unutilized Conemaugh River Lake, RD #1, Box 702 residential, if used for habitation must be Comment: 2 bldgs. on 2.37 acres, remote area, Saltburg Co: Indiana PA 15681– flood proofed or removed off-site. lacks infrastructure, road hazardous during Landholding Agency: COE Tract 403C winter storms, most recent use—industrial Property Number: 319430011 Grays Landing Lock & Dam Project storage. Status: Unutilized Greenboro Co: Greene PA 15338– Texas Comment: 2642 sq. ft., 1-story, 1-unit of Landholding Agency: COE duplex, fair condition, access restrictions. Bldg. 121 Property Number: 319430023 Lauglin Air Force Base Tract 302A Status: Unutilized Grays Landing Lock & Dam Project Co: Val Verde TX 78843–5000 Comment: 672 sq. ft., 2-story carriage house/ Landholding Agency: Air Force Old Glassworks Co: Greene PA 15338– stable barn type structure, needs repair, Landholding Agency: COE Property Number: 189420026 most recent use—storage/garage, if used for Status: Unutilized Property Number: 319430016 habitation must be flood proofed or Status: Unutilized Comment: 11202 sq. ft., 1-story, needs rehab, removed. presence of asbestos, secured area with Comment: 960 sq. ft., 2-story log structure, Tract 434 most recent use—residential, needs rehab, alternate access. Grays Landing Lock & Dam Project Bldg. 348 if used for habitation must be flood proofed Greensboro Co: Greene PA 15338– or removed off-site. Lauglin Air Force Base Landholding Agency: COE Co: Val Verde TX 78843–5000 Tract 302B Property Number: 319430024 Grays Landing Lock & Dam Project Landholding Agency: Air Force Status: Unutilized Property Number: 189420027 Old Glassworks Co: Greene PA 15338– Comment: 1059 sq. ft., 2-story, wood frame, Landholding Agency: COE Status: Unutilized 2 apt. units, historic property, if used for Comment: 1799 sq. ft., 1-story, needs rehab, Property Number: 319430017 habitation must be flood proofed or Status: Unutilized presence of asbestos, secured area with removed off-site. alternate access. Comment: 502 sq. ft., 2-story, needs repair, Tract 440 most recent use—beauty shop/residence, if Bldg. 475 Grays Landing Lock & Dam Project Lauglin Air Force Base used for habitation must be flood proofed Greensboro Co: Greene PA 15338– or removed off-site. Co: Val Verde TX 78843–5000 Landholding Agency: COE Landholding Agency: Air Force Tract 314 Property Number: 319430025 Grays Landing Lock & Dam Project Property Number: 189420028 Status: Unutilized Status: Unutilized Old Glassworks Co: Greene PA 15338– Comment: 1000 sq. ft., 2-story, asbestos Comment: 1083 sq. ft., 1-story, needs rehab, Landholding Agency: COE shingle siding, most recent use— secured area with alternate access. Property Number: 319430018 residential, if used for habitation must be Status: Unutilized flood proofed or removed off-site. 19 Buildings and Land Subtropical Agricultural Research Worksite Comment: 1864 sq. ft., 2-story, brick structure Tract No. 224 needs repair, most recent use—residential, Brownsville Co: Cameron TX 78520– Grays Landing Lock & Dam Project Landholding Agency: GSA if used for habitation must be flood proofed Greensboro Co: Greene PA 15338– or removed off-site. Property Number: 549440007 Landholding Agency: COE Status: Excess Tract 353 Property Number: 31944001 Comment: 25,000 sq. ft., 1-story, pres. of Grays Landing Lock & Dam Project Status: Unutilized asbestos, most recent use—housing, 18.76 Greensboro Co: Greene PA 15338– Comment: 1040 sq. ft., 2-story bldg., needs acres which includes 16 acres of vacant Landholding Agency: COE repair, historic struct., flowage easement, if land. Property Number: 319430019 habitation is desired property will be GSA Number: 7–A–TX–0451G. Status: Unutilized required to be flood proofed or removed Comment: 812 sq. ft., 2-story, log structure, off-site. Virginia needs repair, most recent use—residential, Tract No. 301 Peters Ridge Site if used for habitation must be flood proofed Grays Landing Lock & Dam Project Gathright Dam or removed off-site. Greensboro Co: Greene PA 15338– Covington VA Tract 402 Landholding Agency: COE Landholding Agency: COE Grays Landing Lock & Dam Project Property Number: 319440002 Property Number: 319430013 Greensboro Co: Greene PA 15338– Status: Excess Status: Excess Landholding Agency: COE Comment: 1330 sq. ft., 2-story brick bldg., Comment: 64 sq. ft., metal bldg. Property Number: 319430020 needs repair, historic struct., flowage Coles Mountain Site Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9349 Gathright Dam, Rt. 607 Comment: 1300 sq. ft.; potential utilities; 2- DeGray Lake Co: Bath VA story wood frame residence; needs rehab; Sections 24, 25, 30 and 31 Landholding Agency: COE secured area with alternate access. Arkadelphia Co: Clark AR 71923–9361 Property Number: 319430015 Former Lockmaster’s Dwelling Landholding Agency: COE Status: Excess Rapid Croche Lock Property Number: 319010074 Comment: 64 sq. ft., 1-story metal bldg. Lock Road Status: Unutilized NPS Tract 422–25 Wrightstown Co: Outagamie WI 54180– Comment: 236.37 acres. Former White property Location: 3 miles southwest of intersection Parcel 05 County Rd. 602 on Moore Run near 4–H State Highway 96 and Canal Road. DeGray Lake Camp Landholding Agency: COE Section 16 Front Royal Co: Warren VA 22630– Property Number: 319011533 Arkadelphia Co: Clark AR 71923–9361 Landholding Agency: Interior Status: Unutilized Landholding Agency: COE Property Number: 619440002 Comment: 1952 sq. ft.; 2-story wood frame Property Number: 319010075 Status: Excess residence; potential utilities; needs rehab. Status: Unutilized Comment: 864 sq. ft.; 2-story frame residence, Former Lockmaster’s Dwelling Comment: 187.30 acres. w/Natl. Appalachian Trails System Act, Little KauKauna Lock Parcel 06 off-site use only. Little KauKauna DeGray Lake Lawrence Co: Brown WI 54130– Section 13 Washington Location: 2 miles southeasterly from Arkadelphia Co: Clark AR 71923–9361 Park Hdqts. House intersection of Lost Dauphin Road (County Landholding Agency: COE McNary Lock & Dam Project Trunk Highway ‘‘D’’) and River Street. Property Number: 319010076 5107 West Columbia Dr. Landholding Agency: COE Status: Unutilized Kennewick Co: Benton WA 99336– Property Number: 319011535 Comment: 13.0 acres. Landholding Agency: COE Status: Unutilized Parcel 07 Property Number: 319430014 Comment: 1224 sq. ft.; 2-story brick/wood DeGray Lake Status: Unutilized frame residence; needs rehab. Section 34 Comment: 1696 sq. ft.; 1-story brick Former Lockmaster’s Dwelling Arkadelphia Co: Hot Spring AR 71923–9361 residence, off-site use only. Little Chute, 2nd Lock Landholding Agency: COE Construction Office Bldg. 214 Mill Street Property Number: 319010077 Roosevelt Way Little Chute Co: Outagamie WI 54140– Status: Unutilized Coulee Dam Co: Okanogan WA 99116– Landholding Agency: COE Comment: 0.27 acres. Landholding Agency: Interior Property Number: 319011536 Parcel 08 Property Number: 619410002 Status: Unutilized DeGray Lake Status: Excess Comment: 1224 sq. ft.; 2-story brick/wood Section 13 Comment: 7778 sq. ft.; 1-story frame frame residence; potential utilities; needs Arkadelphia Co: Clark AR 71923–9361 structure, off-site removal only, most rehab; secured area with alternate access. Landholding Agency: COE recent use—offices. Land (by State) Property Number: 319010078 Wisconsin Status: Unutilized Arizona Comment: 14.6 acres. Former Lockmaster’s Dwelling Tract No. APO–SRP–RB–5 Cedar Locks Parcel 09 Mesa Co: Maricopa AZ 85213– DeGray Lake 4527 East Wisconsin Road Location: 2000′ south of Thomas Road at Val Appleton Co: Outagamie WI 54911– Section 12 Vista Drive Arkadelphia Co: Hot Spring AR 71923–9361 Landholding Agency: COE Landholding Agency: Interior Property Number: 319011524 Landholding Agency: COE Property Number: 619410005 Property Number: 319010079 Status: Unutilized Status: Unutilized Comment: 1224 sq. ft.; 2-story brick/wood Status: Unutilized Comment: 0.57 acre; 20-foot strip of land Comment: 6.60 acres. frame residence; needs rehab; secured area which is 1,026 ft. long. with alternate access. Parcel 10 Arkansas Former Lockmaster’s Dwelling DeGray Lake Appleton 4th Lock Parcel 01 Section 12 905 South Lowe Street DeGray Lake Arkadelphia Co: Hot Spring AR 71923–9361 Appleton Co: Outagamie WI 54911– Section 12 Landholding Agency: COE Landholding Agency: COE Arkadelphia Co: Clark AR 71923–9361 Property Number: 319010080 Property Number: 319011525 Landholding Agency: COE Status: Unutilized Status: Unutilized Property Number: 319010071 Comment: 4.5 acres. Comment: 908 sq. ft.; 2-story wood frame Status: Unutilized Parcel 11 residence; needs rehab. Comment: 77.6 acres. DeGray Lake Former Lockmaster’s Dwelling Parcel 02 Section 19 Kaukauna 1st Lock DeGray Lake Arkadelphia Co: Hot Spring AR 71923–9361 301 Canal Street Section 13 Landholding Agency: COE Kaukauna Co: Outagamie WI 54131– Arkadelphia Co: Clark AR 71923–9361 Property Number: 319010081 Landholding Agency: COE Landholding Agency: COE Status: Unutilized Property Number: 319011527 Property Number: 319010072 Comment: 19.50 acres. Status: Unutilized Status: Unutilized Lake Greeson Comment: 1290 sq. ft.; 2-story wood frame Comment: 198.5 acres. Section 7, 8 and 18 residence; needs rehab; secured area with Parcel 03 Murfreesboro Co: Pike AR 71958–9720 alternate access. DeGray Lake Landholding Agency: COE Property Number: 319010083 Former Lockmaster’s Dwelling Section 18 Arkadelphia Co: Clark AR 71923–9361 Status: Unutilized Appleton 1st Lock Comment: 46 acres. 905 South Oneida Street Landholding Agency: COE Appleton Co: Outagamie WI 54911– Property Number: 319010073 California Landholding Agency: COE Status: Unutilized 60 ARG/DE Property Number: 319011531 Comment: 50.46 acres. Travis ILS Outer Marker Annex Status: Unutilized Parcel 04 Rio-Dixon Road 9350 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Travis AFB Co: Solano CA 94535–5496 Property Number: 319240004 Cadiz Co: Trigg KY 42211– Location: State Highway 113 Status: Unutilized Location: 1 mile in a southerly direction from Landholding Agency: Air Force Comment: 5 parcels of land equalling 0.70 the village of Rockcastle. Property Number: 189010189 acres, improved w/4 small equipment Landholding Agency: COE Status: Excess storage bldgs. and a small access road, Property Number: 319010031 Comment: .13 acres; most recent use— easement restrictions. Status: Excess location for instrument landing systems Kansas Comment: 4.90 acres; wooded; no utilities. equipment. Parcel 1 Tract 4318 Barkley Lake, Kentucky and Tennessee Lake Mendocino El Dorado Lake Canton Co: Trigg KY 42212– 1160 Lake Mendocino Drive Section 13, 24, and 18 Location: Trigg Co. adjoining the city of Ukiah Co: Mendocino CA 95482–9494 (See County) Co: Butler KS Canton, KY on the waters of Hopson Creek Landholding Agency: COE Landholding Agency: COE Landholding Agency: COE Property Number: 319011015 Property Number: 319010064 Property Number: 319010032 Status: Unutilized Status: Unutilized Status: Excess Comment: 20 acres; steep, dense brush; Comment: 61 acres; most recent use— Comment: 8.24 acres; steep and wooded. potential utilities. recreation. Tract 4502 Receiver Site Parcels #2 and #3 Dixon Relay Station Barkley Lake, Kentucky and Tennessee Fall River Lake Canton Co: Trigg KY 42212– 7514 Radio Station Road Section 25 and 26 Dixon CA 95620–9653 Location: 31⁄2 miles in a southerly direction Co: Greenwood KS from Canton, KY Location: Approximately .16 miles southeast Landholding Agency: GSA of Dixon, CA Landholding Agency: COE Property Number: 319010066 Property Number: 319010033 Landholding Agency: GSA Status: Excess Property Number: 549010042 Status: Excess Comment: 64.24 acres, most recent use— Comment: 4.26 acres; steep and wooded. Status: Excess recreation. Comment: 80 acres, 1,560 sq. ft. radio GSA Number: 7–D–KS–0513. Tract 4611 receiver bldg. on site, subject to grazing Barkley Lake, Kentucky and Tennessee lease, limited utilities. Kentucky Canton Co: Trigg KY 42212– GSA Number: 9–2–CA–1162–A. Tract 2625 Location: 5 miles south of Canton, KY. (P) Camp Elliott Barkley Lake, Kentucky, and Tennessee Landholding Agency: COE Rosedale Tract Cadiz Co: Trigg KY 42211– Property Number: 319010034 San Diego Co: San Diego CA Location: Adjoining the village of Rockcastle Status: Excess Landholding Agency: GSA Landholding Agency: COE Comment: 10.51 acres; sttep and wooded; no Property Number: 549310008 Property Number: 319010025 utilities. Status: Surplus Status: Excess Tract 4619 Comment: Parcel 1–0.15 acre, Parcel 2–0.17 Comment: 2.57 acres; rolling and wooded. Barkley Lake, Kentucky and Tennessee acre, located in the narrow median strip Tract 2709–10 and 2710–2 Canton Co: Trigg KY 42212– between Murphy Canyon Rd. and State Barkley Lake, Kentucky and Tennessee Location: 41⁄2 miles south from Canton, KY. Highway 15, previously leased by Cadiz Co: Trigg KY 42211– Landholding Agency: COE homeless provider. Location: 21⁄2 miles in a southerly direction Property Number: 319010035 GSA Number: 9–GR(6)–CA–694A. from the village of Rockcastle Status: Excess L–4 Reservoir Landholding Agency: COE Comment: 2.02 acres; steep and wooded; no La Quinta Co: Riverside CA 92253– Property Number: 319010026 utilities. Location: Borders Adams St., 1⁄4 mile north Status: Excess Tract 4817 of Calle Tampico Comment: 2.00 acres; steep and wooded. Barkley Lake, Kentucky and Tennessee Landholding Agency: Interior Tract 2708–1 and 2709–1 Canton Co: Trigg KY 42212– Property Number: 619410004 Barkley Lake, Kentucky and Tennessee Location: 61⁄2 miles south of Canton, KY. Status: Excess Cadiz Co: Trigg KY 42211– Landholding Agency: COE Comment: 1.69 acres; concrete reservoir; Location: 21⁄2 miles in a southerly direction Property Number: 319010036 most recent use—water retention. from the village of Rockcastle Status: Excess Guam Landholding Agency: COE Comment: 1.75 acres; wooded. Property Number: 319010027 Annex 1 Tract 1217 Status: Excess Andersen Communication Barkley Lake, Kentucky and Tennessee Comment: 3.59 acres; rolling and wooded; no Eddyville Co: Lyon KY 42030– Dededo Co: Guam GU 96912– utilities. Location: In the municipality of Dededo. Location: On the north side of the Illinois Landholding Agency: Air Force Tract 2800 Central Railroad. Property Number: 189010428 Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Status: Underutilized Cadiz Co: Trigg KY 42211– Property Number: 319010042 1 Comment: 862 acres; subject to utilities Location: 4 ⁄2 miles in a southeasterly Status: Excess easements. direction from the village of Rockcastle Comment: 5.80 acres; steep and wooded. Landholding Agency: COE Tract 1906 Annex 2, (Partial) Property Number: 319010028 Andersen Petroleum Storage Barkley Lake, Kentucky and Tennessee Status: Excess Eddyville Co: Lyon KY 42030– Dededo Co: Guam GU 96912– Comment: 5.44 acres; steep and wooded. Location: In the municipality of Dededo Location: Approximately 4 miles east of Tract 2915 Eddyville, KY. Landholding Agency: Air Force Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Property Number: 189010428 Cadiz Co: Trigg KY 42211– Property Number: 319010044 Status: Underutilized Location: 61⁄2 miles west of Cadiz Status: Excess Comment: 35 acres; subject to utilities Landholding Agency: COE Comment: 25.86 acres; rolling steep and easements. Property Number: 319010029 partially wooded; no utilities. Illinois Status: Excess Tract 1907 Lake Shelbyville Comment: 5.76 acres; steep and wooded; no Barkley Lake, Kentucky and Tennessee Shelbyville Co: Shelby & Moultr IL 62565– utilities. Eddyville Co: Lyon KY 42038– 9804 Tract 2702 Location: On the waters of Pilfen Creek, 4 Landholding Agency: COE Barkley Lake, Kentucky and Tennessee miles east of Eddyville, KY. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9351 Landholding Agency: COE Tract 215 Comment: 3.71 acres; steep and wooded; Property Number: 319010045 Barkley Lake, Kentucky and Tennessee subject to utility easements. Status: Excess Grand Rivers Co: Lyon KY 42045– Tract 4619–B Comment: 8.71 acres; rolling steep and Location: 5 miles southwest of Kuttawa Barkley Lake, Kentucky and Tennessee wooded; no utilities. Landholding Agency: COE Canton Co: Trigg KY 42212– Tract 2001 #1 Property Number: 319010053 Location: 41⁄2 miles south from Canton, KY. Barkley Lake, Kentucky and Tennessee Status: Excess Landholding Agency: COE Eddyville Co: Lyon KY 42030– Comment: 1.40 acres; wooded; no utilities. Property Number: 319011622 Location: Approximately 41⁄2 miles east of Tract 241 Status: Excess Eddyville, KY. Barkley Lake, Kentucky and Tennessee Comment: 1.73 acres; steep and wooded; Landholding Agency: COE Grand Rivers Co: Lyon KY 42030– subject to utility easements. Property Number: 319010046 Location: Old Henson Ferry Road, 6 miles Tract 2403–B Status: Excess west of Kuttawa, KY. Barkley Lake, Kentucky and Tennessee Comment: 47.42 acres; steep and wooded; no Landholding Agency: COE Eddyville Co: Lyon KY 42038– utilities. Property Number: 319010054 Location: 7 miles southeasterly from Tract 2001 #2 Status: Excess Eddyville, KY. Barkley Lake, Kentucky and Tennessee Comment: 1.26 acres; steep and wooded; no Landholding Agency: COE Eddyville Co: Lyon KY 42030– utilities. Property Number: 319011623 Location: Approximately 41⁄2 miles east of Tracts 306, 311, 315 and 325 Status: Unutilized Eddyville, KY. Barkley Lake, Kentucky and Tennessee Comment: 0.70 acres, wooded; subject to Landholding Agency: COE Grand Rivers Co: Lyon KY 42045– utility easements. Property Number: 319010047 Location: 2.5 miles southwest of Kuttawa, Tract 241–B Status: Excess KY. on the waters of Cypress Creek. Barkley Lake, Kentucky and Tennessee Comment: 8.64 acres; steep and wooded; no Landholding Agency: COE Grand Rivers Co: Lyon KY 42045– utilities. Property Number: 319010055 Location: South of Old Henson Ferry Road, Tract 2005 Status: Excess 6 miles west of Kuttawa, KY. Barkley Lake, Kentucky and Tennessee Comment: 38.77 acres; steep and wooded; no Landholding Agency: COE Eddyville Co: Lyon KY 42030– utilities. Property Number: 319011624 Location: Approximately 51⁄2 miles east of Tracts 2305, 2306, and 2400–1 Status: Excess Eddyville, KY. Barkley Lake, Kentucky and Tennessee Comment: 11.16 acres; steep and wooded; Landholding Agency: COE Eddyville Co: Lyon KY 42030– subject to utility easements. Property Number: 319010048 Location: 61⁄2 miles southeasterly of Tract 212 and 237 Status: Excess Eddyville, KY. Barkley Lake, Kentucky and Tennessee Comment: 4.62 acres; steep and wooded; no Landholding Agency: COE Grand Rivers Co: Lyon KY 42045– utilities. Property Number: 319010056 Location: Old Henson Ferry Road, 6 miles Tract 2307 Status: Excess west of Kuttawa, KY. Barkley Lake, Kentucky and Tennessee Comment: 97.66 acres; steep rolling and Landholding Agency: COE Eddyville Co: Lyon KY 42030– wooded; no utilities. Property Number: 319011625 Location: Approximately 71⁄2 miles Tract 500–2 Status: Excess southeasterly of Eddyville, KY. Barkley Lake, Kentucky and Tennessee Comment: 2.44 acres; steep and wooded; Landholding Agency: COE Eddyville Co: Lyon KY 42055– subject to utility easements. Property Number: 319010049 Location: Situated on the waters of Poplar Tract 215–B Status: Excess Creek, approximately 1 mile southwest of Barkley Lake, Kentucky and Tennessee Comment: 11.43 acres; steep; rolling and Kuttawa, KY. Grand Rivers Co: Lyon KY 42045– wooded; no utilities. Landholding Agency: COE Location: 5 miles southwest of Kuttawa Tract 2403 Property Number: 319010057 Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Status: Excess Property Number: 319011626 Eddyville Co: Lyon KY 42030– Comment: 3.58 acres; hillside ridgeland and Status: Excess Location: 7 miles southeasterly of Eddyville, wooded; no utilities. Comment: 1.00 acres; wooded; subject to KY. Tracts 5203 and 5204 utility easements. Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Tract 233 Property Number: 319010050 Linton Co: Trigg KY 42212– Barkley Lake, Kentucky and Tennessee Status: Excess Location: Village of Linton, KY state highway Grand Rivers Co: Lyon KY 42045– Comment: 1.56 acres; steep and wooded; no 1254. Location: 5 miles southwest of Kuttawa utilities. Landholding Agency: COE Landholding Agency: COE Tract 2504 Property Number: 319010058 Property Number: 319011627 Barkley Lake, Kentucky and Tennessee Status: Excess Status: Excess Eddyville Co: Lyon KY 42030– Comment: 0.93; rolling, partially wooded; no Comment: 1.00 acres; wooded; subject to Location: 9 miles southeasterly of Eddyville, utilities. utility easements. KY. Tract 5240 Tract B—Markland Locks & Dam Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Hwy 42, 3.5 miles downstream of Warsaw Property Number: 319010051 Linton Co: Trigg KY 42212– Warsaw Co: Gallatin KY 41095– Status: Excess Location: 1 mile northwest of Linton, KY. Landholding Agency: COE Comment: 24.46 acres; steep and wooded; no Landholding Agency: COE Property Number: 319130002 utilities. Property Number: 319010059 Status: Unutilized Tract 214 Status: Excess Comment: 10 acres, most recent use— Barkley Lake, Kentucky and Tennessee Comment: 2.26 acres; steep and wooded; no recreational, possible periodic flooding. Grand Rivers Co: Lyon KY 42045– utilities. Tract A—Markland Locks & Dam Location: South of the Illinois Central Tract 4628 Hwy 42, 3.5 miles downstream of Warsaw Railroad, 1 mile east of the Cumberland Barkley Lake, Kentucky and Tennessee Warsaw Co: Gallatin KY 41095– River. Canton Co: Trigg KY 42212– Landholding Agency: COE Landholding Agency: COE Location: 41⁄2 south from Canton, KY. Property Number: 319130003 Property Number: 319010052 Landholding Agency: COE Status: Unutilized Status: Excess Property Number: 319011621 Comment: 8 acres, most recent use— Comment: 5.5 acres; wooded; no utilities. Status: Excess recreational, possible periodic flooding. 9352 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Tract C—Markland Locks & Dam Landholding Agency: COE Section 4, T23N, R5E Hwy 42, 3.5 miles downstream of Warsaw Property Number: 319011038 Grenada Co: Yalobusha MS 38901–0903 Warsaw Co: Gallatin KY 41095– Status: Excess Landholding Agency: COE Landholding Agency: COE Comment: 17 acres; no utilities. Property Number: 319011024 Property Number: 319130005 Tract 92 Status: Underutilized Status: Unutilized Sandy Lake Comment: 120 acres; no utilities; most recent Comment: 4 acres, most recent use— McGregor Co: Aitkins MN 55760– use—wildlife and forestry management; recreational, possible periodic flooding. Location: 4 miles west of highway 65, 15 (13.5 acres/agriculture lease). Tract N–819 miles from city of McGregor. Parcel 4 Dale Hollow Lake & Dam Project Landholding Agency: COE Grenada Lake Illwill Creek, Hwy 90 Property Number: 319011040 Sections 2 and 3, T23N, R5E Hobart Co: Clinton KY 42601– Status: Excess Grenada Co: Yalobusha MS 38901–0903 Landholding Agency: COE Comment: 4 acres; no utilities. Landholding Agency: COE Property Number: 319140009 Tract 98 Property Number: 319011025 Status: Underutilized Leech Lake Status: Underutilized Comment: 91 acres, most recent use— Benedict Co: Hubbard MN 56641– Comment: 60 acres; no utilities; most recent hunting, subject to existing easements. Location: 1 mile from city of Federal Dam, use—wildlife and forestry management. Portion of Lock & Dam No. 1 Mn. Parcel 5 Kentucky River Landholding Agency: COE Grenada Lake Carrolton Co: Carroll KY 41008–0305 Property Number: 319011041 Section 7, T24N, R6E Landholding Agency: COE Status: Excess Grenada Co: Yalobusha MS 38901–0903 Property Number: 319320003 Comment: 7.3 acres; no utilities. Landholding Agency: COE Status: Unutilized Mississippi Property Number: 319011026 Comment: approx. 3.5 acres (sloping), access Status: Underutilized monitored. Parcel 7 Grenada Lake Comment: 20 acres; no utilities; most recent Portion of Lock & Dam No. 2 Sections 22, 23, T24N use—wildlife and forestry management; Kentucky River Grenada Co: Yalobusha MS 38901–0903 (14 acres/agriculture lease). Lockport Co: Henry KY 40036–9999 Landholding Agency: COE Parcel 6 Landholding Agency: COE Property Number: 319011019 Grenada Lake Property Number: 319320004 Status: Underutilized Section 9, T24N, R6E Status: Underutilized Comment: 100 acres; no utilities; Grenada Co: Yalobusha MS 38903–0903 Comment: approx. 13.14 acres (sloping), intermittently used under lease—expires Landholding Agency: COE access monitored. 1994. Property Number: 319011027 Louisiana Parcel 8 Status: Underutilized Comment: 80 acres; no utilities; most recent Wallace Lake Dam and Reservoir Grenada Lake use—wildlife and forestry management. Shreveport Co: Caddo LA 71103– Section 20, T24N Landholding Agency: COE Grenada Co: Yalobusha MS 38901–0903 Parcel 11 Property Number: 319011009 Landholding Agency: COE Grenada Lake Status: Unutilized Property Number: 319011020 Section 20, T24N, R8E Comment: 11 acres; wildlife/forestry; no Status: Underutilized Grenada Co: Calhoun MS 38901–0903 utilities. Comment: 30 acres; no utilities; Landholding Agency: COE Bayou Bodcau Dam and Reservoir intermittently used under lease—expires Property Number: 319011028 Haughton Co: Caddo LA 71037–9707 1994. Status: Underutilized Location: 35 miles Northeast of Shreveport, Parcel 9 Comment: 30 acres; no utilities; most recent LA. Grenada Lake use—wildlife and forestry management. Landholding Agency: COE Section 20, T24N, R7E Parcel 12 Property Number: 319011010 Grenada Co: Yalobusha MS 38901–0903 Grenada Lake Status: Unutilized Landholding Agency: COE Section 25, T24N, R7E Comment: 203 acres; wildlife/forestry; no Property Number: 319011021 Grenada Co: Yalobusha MS 38390–10903 utilities. Status: Underutilized Landholding Agency: COE Michigan Comment: 23 acres; no utilities; Property Number: 319011029 intermittently used under lease—expires Status: Underutilized Calumet Air Force Station 1994. Comment: 30 acres; no utilities; most recent Section 1, T57N, R31W Parcel 10 use—wildlife and forestry management. Houghton Township Grenada Lake Parcel 13 Calumet Co: Keweenaw MI 49913– Sections 16, 17, 18, T24N R8E Grenada Lake Landholding Agency: Air Force Grenada Co: Calhoun MS 38901–0903 Section 34, T24N, R7E Property Number: 189010862 Landholding Agency: COE Grenada Co: Yalobusha MS 38903–0903 Status: Excess Property Number: 319011022 Landholding Agency: COE Comment: 34 acres; potential utilities. Status: Underutilized Property Number: 319011030 Calumet Air Force Station Comment: 490 acres; no utilities; Status: Underutilized Section 31, T58N, R30W intermittently used under lease—expires Comment: 35 acres; no utilities; most recent Houghton Township 1994. use—wildlife and forestry management; Calumet Co: Keweenaw MI 49913– Parcel 2 (11 acres/agriculture lease). Landholding Agency: Air Force Grenada Lake Parcel 14 Property Number: 189010863 Section 20 and T23N, R5E Grenada Lake Status: Excess Grenada Co: Grenada MS 38901–0903 Section 3, T23N, R6E Comment: 3.78 acres; potential utilities. Landholding Agency: COE Grenada Co: Yalobusha MS 38901–0903 Minnesota Property Number: 319011023 Landholding Agency: COE Parcel D Status: Underutilized Property Number: 319011031 Pine River Comment: 60 acres; no utilities; most recent Status: Underutilized Cross Lake Co: Crow Wing MN 56442– use—wildlife and forestry management. Comment: 15 acres; no utilities; most recent Location: 3 miles from city of Cross Lake, Parcel 3 use—wildlife and forestry management. between highways 6 and 371. Grenada Lake Parcel 15 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9353 Grenada Lake Comment: 22 acres; river bank. Parcel No. 165/GSA No. 17 Section 4, T24N, R6E Middleport Public Access Site Lake Texoma Grenada Co: Yalobusha MS 38901–0903 Robert C. Byrd Locks & Dam Co: Love OK 73441– Landholding Agency: COE Middleport Co: Meigs OH 45760– Location: Section 3 Property Number: 319011032 Landholding Agency: GSA Landholding Agency: GSA Status: Underutilized Property Number: 319230001 Property Number: 549210015 Comment: 40 acres; no utilities; most recent Status: Excess Status: Excess use—wildlife and forestry management. Comment: Approximately 17.23 acres Comment: 32.62 acres, potential utilities, Parcel 16 including parking lot, flowage easement, most recent use — low density recreation. Grenada Lake right-of-way for city street and utilities GSA Number: 7–D–OK–0507–H. Section 9, T23N, R6E GSA Number: 2–D–OH–793. Parcel No. 166/GSA No. 18 Grenada Co: Yalobusha MS 38901–0903 Oklahoma Lake Texoma Landholding Agency: COE Co: Love OK 73441– Property Number: 319011033 Parcel No. 44/GSA No. 4 Location: Section 10 Status: Underutilized Lake Texoma Landholding Agency: GSA Comment: 70 acres; no utilities; most recent Section 15, T5S, R7E Property Number: 549210016 use—wildlife and forestry management. Co: Johnston OK Status: Excess Location: About 1⁄2 mile southeast of Bee Comment: 62.61 acres, potential utilities, Parcel 17 Landholding Agency: GSA Grenada Lake most recent use — low density recreation. Property Number: 319010475 GSA Number: 7–D–OK–0507–H. Section 17, T23N, R7E Status: Excess Parcel No. 68/GSA No. 10 Grenada Co: Grenada MS 28901–0903 Comment: 14.98 acres, no utilities, most Landholding Agency: COE Lake Texoma, Sect. 11 T6S, R6E recent use—recreation Property Number: 319011034 Cumberland Co: Marshall OK GSA Number: 7–D–OK–507–H. Status: Underutilized Landholding Agency: GSA Comment: 35 acres; no utilities; most recent Parcel No. 46/GSA No. 5 Property Number: 549240010 use—wildlife and forestry management. Lake Texoma Status: Excess Section 15 and Section 16, T5S, R7E Parcel 18 Comment: 29.76 acres, most recent use — Co: Johnston OK Grenada Lake recreation Location: About 1 mile southwest of Bee Section 22, T23N, R7E GSA Number 7–D–OK–507–H. Landholding Agency: GSA Grenada Co: Grenada MS 28902–0903 Property Number: 319010477 Pennsylvania Landholding Agency: COE Property Number: 319011035 Status: Excess Mahoning Creek Lake Status: Underutilized Comment: 23.91 acres, no utilities, most New Bethlehem Co: Armstrong PA 16242– recent use — recreation 9603 Comment: 10 acres; no utilities; most recent # use—wildlife and forestry management. GSA Number: 7–D–OK–507–H. Location: Route 28 north to Belknap, Road 4 Landholding Agency: COE Parcel 19 Parcel No. 7 Kaw Lake Property Number: 319010018 Grenada Lake Status: Excess Section 9, T22N, R7E Section 27 Co: Kay OK Comment: 2.58 acres; steep and densely Grenada Co: Grenada MS 38901–0903 wooded. Landholding Agency: COE Landholding Agency: GSA Property Number: 319011036 Property Number: 319010842 Tracts 610, 611, 612 Status: Underutilized Status: Excess Shenango River Lake Comment: 20 acres; no utilities; most recent Comment: 21 acres; potential utilities; most Sharpsville Co: Mercer PA 16150– use—wildlife and forestry management. recent use — recreation. Location: I–79 North, I–80 West, Exit Sharon. Pine Creek Lake R18 North 4 miles, left on R518, right on Missouri Section 27 Mercer Avenue. Harry S Truman Dam & Reservoir (See County) Co: McCurtain OK Landholding Agency: COE Warsaw Co: Benton MO 65355– Landholding Agency: COE Property Number: 319011001 Location: Triangular shaped parcel southwest Property Number: 319010923 Status: Excess of access road ‘‘B’’, part of Bledsoe Ferry Status: Unutilized Comment: 24.09 acres; subject to flowage Park Tract 150. Comment: 3 acres; no utilities; subject to easement. Landholding Agency: COE right of way for Oklahoma State Highway Tracts L24, L26 Crooked Creek Lake Property Number: 319030014 3. Co: Armstrong PA 03051– Status: Underutilized Parcel No. 66/GSA No. 9 Location: Left bank—55 miles downstream of Comment: 1.7 acres; potential utilities. Lake Texoma dam. Landholding Agency: COE Nevada Co: Marshall OK 73439– Property Number: 319011011 Location: Sections 12 and 13, 2 1/2 miles Freight Yard Status: Unutilized southwest of Cumberland, OK Fallon Rail Facility Comment: 7.59 acres; potential for utilities. Landholding Agency: GSA Fallon Co: Churchill NV 89406– Portion of Tract L–21A Landholding Agency: Interior Property Number: 549210009 Status: Excess Crooked Creek Lake, LR 03051 Property Number: 619440005 Ford City Co: Armstrong PA 16226– Status: Unutilized Comment: 14.05 acres, potential utilities, most recent use — low density recreation/ Landholding Agency: COE Comment: 6.3 acres; subject to a 10-year lease Property Number: 319430012 to the City. natural gas well and pipelines. GSA Number: 7–D–OK–0507–H. Status: Unutilized Ohio Comment: Approximately 1.72 acres of Parcel No. 164/GSA No. 16 undeveloped land, subject to gas rights. Hannibal Locks and Dam Lake Texoma Ohio River Co: Love OK 73441– Puerto Rico P.O. Box 8 Location. Section 3 La Hueca — Naval Station Hannibal Co: Monroe OH 43931–0008 Landholding Agency: GSA Roosevelt Roads Location: Adjacent to the new Martinsville Property Number: 549210014 Vieques PR 00765– Bridge. Status: Excess Landholding Agency: GSA Landholding Agency: COE Comment: 40.20 acres, potential utilities, Property Number: 549420006 Property Number: 319010015 most recent use — low density recreation. Status: Excess Status: Underutilized GSA Number: 7–D–OK–0507–H. Comment: 323 acres, cultural site 9354 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Tennessee Status: Excess Landholding Agency: COE Tract 6827 Comment: 15.31 acres; subject to existing Property Number: 319010943 Barkley Lake easements. Status: Excess Dover Co: Stewart TN 37058– Tract 2321 Comment: 6.6 acres; subject to existing Location: 2 1/2 miles west of Dover, TN. J. Percy Priest Dam and Reservoir easements. Landholding Agency: COE Murfreesboro Co: Rutherford TN 37130– Tract 69949 Property Number: 319010927 Location: South of Old Jefferson Pike Barkley Lake Status: Excess Landholding Agency: COE Dover Co: Stewart TN 37058– Comment: .57 acres; subject to existing Property Number: 319010935 Location: 11⁄2 miles SE of Dover, TN. easements. Status: Excess Landholding Agency: COE Tracts 6002–2 and 6010 Comment: 12 acres; subject to existing Property Number: 319010944 Barkley Lake easements. Status: Excess Dover Co: Stewart TN 37058– Tract 7206 Comment: 29.67 acres; subject to existing Location: 3 1/2 miles south of village of Barkley Lake easements. Tabaccoport. Dover Co: Stewart TN 37058– Tracts 6005 and 6017 Landholding Agency: COE Location: 21⁄2 miles east of Cumberland City. Barkley Lake Property Number: 319010928 Landholding Agency: COE Dover Co: Stewart TN 37058– Status: Excess Property Number: 319010936 Location: 3 miles south of Village of Comment: 100.86 acres; subject to existing Status: Excess Tobaccoport. easements. Comment: 10.15 acres; subject to existing Landholding Agency: COE Tract 11516 easements. Property Number: 319011173 Barkley Lake Tracts 8813, 8814 Status: Excess Ashland City Co: Dickson TN 37015– Barkley Lake Comment: 5 acres; subject to existing Location: 1/2 mile downstream from Cumberland Co: Stewart TN 37050– easements. Cheatham Dam Location: 11⁄2 miles east of Cumberland City. Tracts K–1191, K–1135 Landholding Agency: COE Landholding Agency: COE Old Hickory Lock and Dam Property Number: 319010929 Property Number: 319010937 Status: Excess Status: Excess Location: Comment: 26.25 acres; subject to existing Comment: 96 acres; subject to existing Landholding Agency: COE easements. easements. Property Number: 3190 Tract 2319 Tract 8911 Status: Excess J. Percy Priest Dam and Resorvior Barkley Lake Comment: acres; subject to existing Murfreesboro Co: Rutherford TN 37130– Cumberland City Co: Montgomery TN easements. Location: West of Buckeye Bottom Road 37050– Tracts K–1191, K–1135 Landholding Agency: COE Location: 4 miles east of Cumberland City. Old Hickory Lock and Dam Property Number: 319010930 Landholding Agency: COE Hartsville Co: Trousdale TN 37074– Status: Excess Property Number: 319010938 Landholding Agency: COE Comment: 14.48 acres; subject to existing Status: Excess Property Number: 3190130007 easements. Comment: 7.7 acres; subject to existing Status: Underutilized Tract 2227 easements. Comment: 92 acres (38 acres in floodway), J. Percy Priest Dam and Reservoir Tract 11503 most recent use—recreation. Murfreesboro Co: Rutherford TN 37130– Barkley Lake Tract A–102 Location: Old Jefferson Pike Ashland City Co: Cheatham TN 37015– Dale Hollow Lake & Dam Project Landholding Agency: COE Location: 2 miles downstream from Canoe ridge, State Hwy 52 Property Number: 319010931 Cheatham Dam. Celina Co: Clay TN 38551– Status: Excess Landholding Agency: COE Landholding Agency: COE Comment: 2.27 acres; subject to existing Property Number: 319010939 Property Number: 3191400 easements. Status: Excess Status: Underutilized Tract 2107 Comment: 1.1 acres; subject to existing Comment 351 acres, most recent use— J. Percy Priest Dam and Reservoir easements. hunting, subject to existing easements. Murfreesboro Co: Rutheford TN 37130– Tracts 11523, 11524 Tract A–120 Location: Across Fall Creek near Fall Creek Barkley Lake Dale Hollow Lake & Dam Project camping area. Ashland City Co: Cheatham TN 37015– Swann Ridge, State Hwy No. 53 Landholding Agency: COE Location: 21⁄2 miles downstream from Celina Co: Clay TN 38551– Property Number: 319010932 Cheatham Dam. Landholding Agency: COE Status: Excess Landholding Agency: COE Property Number: 319140007 Comment: 14.85 acres; subject to existing Property Number: 319010940 Status: Underutilized easements. Status: Excess Comment: 883 acres, most recent use— Tracts 2601, 2602, 2603, 2604 Comment: 19.5 acres; subject to existing hunting, subject to existing easements. Cordell Hull Lake and Dam Project easements. Tracts A–20, A–21 Doe Row Creek Tract 6410 Dale Hollow Lake & Dam Project Gainesboro Co: Jackson TN 38562– Barkley Lake Red Oak ridge, State Hwy No. 53 Location: TN Highway 56 Bumpus Mills Co: Stewart TN 37028– Celina Co: Clay TN 38551– Landholding Agency: COE Location: 41⁄2 miles SW. of Bumpus Mills. Landholding Agency: COE Property Number: 319010933 Landholding Agency: COE Property Number: 319140008 Status: Unutilized Property Number: 319010941 Status: Underutilized Comment: 11 acres; subject to existing Status: Excess Comment: 821 acres, most recent use— easements. Comment: 17 acres; subject to existing recreation, subject to existing easements. Tract easements. Tract D–185 J. Percy Priest Dam and Reservoir Tract 9707 Dale Hollow Lake & Dam Project Murfreesboro Co: Rutherford TN 37130– Barkley Lake Ashburn Creek, Hwy No. 53 Location: East of Lamar Road Palmyer Co: Montgomery TN 37142– Livingston Co: Clay TN 38570– Landholding Agency: COE Location: 3 miles NE of Palmyer, TN. Landholding Agency: COE Property Number: 319010934 Highway 149 Property Number: 319140010 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9355 Status: Underutilized Property Number: 549340001 Property Number: 549330002 Comment: 883 acres, most recent use— Status: Excess Status: Excess hunting, subject to existing easements. Comment: 39.42 acres, access easement, most Comment: 1100 sq. ft. 2-story house, 600 sq. recent use—rock quarry ft. 1-story house and 1800 sq. ft. garage, TEXAS GSA Number: 9–D–WA–824K. most recent use—classroom, storage, # Parcel 185/GSA No. 19 Wyoming residence Lake Texoma GSA Number: 7–GR–CO–525. Wind Site A Co: Cooke TX Florida Location: Robert Firinash survey A–368 Medicine Bow Co: Carbon WY 82329– Property Number: 319010405 Location: 3 miles south and 2 miles west of Bldg. CN7 Status: Excess Medicine Bow Ortona Lock Reservation, Okeechobee Comment: 31.64 acres, most recent use— Landholding Agency: GSA Waterway recreation Property Number: 419030010 Ortona Co: Glades FL 33471– GSA Number: 7–D–OK–507–H. Status: Excess Location: Located off Highway 78 Comment: 46.75 acres, limitation—easement approximately 7 miles west of intersection Parcel #222 restrictions. with Highway 27. Lake Texoma Landholding Agency: COE Co: Grayson TX Suitable/Unavailable Properties Property Number: 319010012 Location: C. Meyerheim survey A–829 J. Status: Unutilized Hamilton survey A–509 Buildings (by State) Comment: 1468 sq. ft.; one floor wood frame; Property Number: 319010421 Alaska most recent use—residence; secured with Status: Excess Ketchikan Ranger House alternate access. Comment: 52.80 acres; most recent use— Ketchikan AK 99901– recreation. Bldg. CN8 Landholding Agency: GSA Ortona Lock Reservation, Okeechobee Parcel No. 201 Property Number: 549430009 Waterway Lake Texoma Status: Surplus Ortona Co: Glades FL 33471– Co: Grayson TX Comment: 1832 sq. ft., 2 story residence, Location: Located off Highway 78 Property Number: 549320007 needs rehab, on National Register of approximately 7 miles west of intersection Status: Excess Historic Places with Highway 27. Comment: 8.07 acres, most recent use—low GSA Number: 9–A–AK–0746. Landholding Agency: COE density recreation, upland timber wildlife California Property Number: 319010013 habitat Status: Unutilized GSA Number: 7–D–OK–0507–H. Hawes Site (KHGM) March AFB Comment: 1468 sq. ft., one floor wood frame, Parcel No. 205 Hinckley Co: San Bernardino CA 92402– most recent use—residence; secured with Lake Texoma Landholding Agency: Air Force alternate access. Co: Grayson TX Property Number: 189010084 Bldg. SF–83 Property Number: 549320009 Status: Unutilized Moore Haven Lock & Dam Status: Excess Comment: 9290 sq ft., 2 story concrete, most Ockeechobee Waterway Comment: 11.18 acres, most recent use—low recent use—radio relay station, possible Moore Haven Co: Glades FL 33471– density recreation and grazing asbestos, land belongs to Bureau of Land Landholding Agency: COE GSA Number: 7–D–OK–0507–H. Management, potential utilities. Property Number: 319310006 8.83 Acre Tract Santa Fe Flood Control Basin Status: Unutilized Portion, former Fort Wolters Irwindale Co: Los Angeles CA 91706– Comment: 1441 sq. ft., 1-story frame Mineral Wells Co: Parker/Palo Pin TX 76067– Landholding Agency: COE residence, average condition, restricted Landholding Agency: GSA Property Number: 319011298 access. Property Number: 549440004 Status: Unutilized Kansas Status: Excess Comment: 1400 sq. ft.; 1 story stucco; needs Comment: Land w/former recreation bldg., rehab; termite damage; secured area with U.S. Post Office & Courthouse bldg. require repairs, potential utilities, alternate access. 812 North 7th Street Kansas City Co: Wyandotte KS 66101– parcel contains friable asbestos. Suppiger Residence GSA Number: 7–GR–TX–548AA&BB. Landholding Agency: GSA Point Reyes National Seashore Property Number: 549420003 10.75 Acre Tract Point Reyes Co: Marin CA 94956– Portion, former Fort Wolters Status: Excess Landholding Agency: GSA Comment: 52257 sq. ft., 4-story plus Mineral Wells Co: Parker/Palo Pin TX 76067– Property Number: 549410003 basement, presence of asbestos and lead Landholding Agency: GSA Status: Excess based paint, most recent use—offices Property Number: 549440005 Comment: 850 sq. ft., 2 story frame structure, GSA Number: 7–G–KS–0514. Status: Excess need repairs, off-site removal only, narrow Comment: Land w/former officer’s club bldg., access road, removal restrictions Kentucky bldg. require repairs, potential utilities, GSA Number: 9–I–CA–958B. Federal Building parcel contains friable asbestos. Suppiger Residence 4th & Main Streets GSA Number: 7–GR–TX–548AA&BB. Point Reyes National Seashore Danville Co: Boyle KY 40422– 120.26 Acre Tract Point Reyes Co: Marin CA 94956– Landholding Agency: GSA Portion, former Fort Wolters Landholding Agency: GSA Property Number: 549430015 Mineral Wells Co: Parker/Palo Pin TX 76067– Property Number: 549410003 Status: Excess Landholding Agency: GSA Status: Excess Comment: 4890 sq. ft., 3-story, stone-concrete Property Number: 549440006 Comment: 850 sq. ft., 2 story frame structure, foundation, presence of asbestos, first floor Status: Excess need repairs, off-site removal only, narrow occupied by U.S. Court of Appeals Judge Comment: Unimproved land containing access road, removal restrictions & staff until expiration of his tenure friable asbestos. GSA Number: 9–I–CA–958B. GSA Number: 4–G–KY–604. GSA Number: 7–GR–TX–548AA&BB. Colorado Maine Washington 3 Bldgs. 9 Capehart Family Houses Asotin Quarry—Lower Lock & Dam Former U.S. Forest Service Admin. Site Charleston Family Housing Annex, Union St. West of Upriver Road Fox Lane Bangor Co: Penobscot ME Asotin Co: Asotin WA 99402– Beaulah Co: Pueblo CO 81023– Landholding Agency: GSA Landholding Agency: GSA Landholding Agency: GSA Property Number: 189310052 9356 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Status: Surplus Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Comment: 2916–7097 sq. ft., 1–2 story wood, Landholding Agency: Air Force Property Number: 189010833 3-duplexes, 27-four plexes totaling 114 Property Number: 189010782 Status: Excess units with garages Status: Excess Comment: 6,751 sq. ft.; 1 floor concrete GSA Number: 2–D–ME–526G. Comment: 4,017 sq. ft.; 1 floor; concrete block; possible asbestos; most recent use— Massachusetts block; potential utilities; possible asbestos; gymnasium. most recent use—dining hall. Lowell Federal Building Bldg. 16 50 Kearny Square Bldg. 43 Calumet Air Force Station Lowell Co: Middlesex MA 01854– Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Landholding Agency: GSA Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Property Number: 549320003 Landholding Agency: Air Force Property Number: 189010834 Status: Excess Property Number: 189010783 Status: Excess Comment: 40,283, sq. ft., 3-story concrete and Status: Excess Comment: 3,000 sq. ft.; 1 floor concrete steel bldg., most recent use—storage/office Comment: 3,674 sq. ft.; 2 story; concrete block; most recent use—commissary and medical clinic. block; potential utilities; possible asbestos; facility. GSA Number: 2–G–MA–778 most recent use—dormitory. Bldg. 9 Calumet Air Force Station Michigan Bldg. 44 Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Bldg. 20 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Calumet Air Force Station Landholding Agency: Air Force Property Number: 189010835 Calumet Co: Keweenaw MI 49913– Property Number: 189010784 Status: Excess Landholding Agency: Air Force Status: Excess Comment: 1,056 sq. ft.; 1 story wood frame Property Number: 189010775 Comment: 7,216 sq. ft.; 2 story; concrete residence. Status: Excess block; possible asbestos; potential utilities; Bldg. 11 Comment: 13,404 sq. ft.; 1 floor; concrete most recent use—dormitory. Calumet Air Force Station block; potential utilities; possible asbestos; Calumet Co: Keweenaw MI 49913– most recent use—warehouse/supply Bldg. 45 Landholding Agency: Air Force facility. Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Property Number: 189010837 Bldg. 21 Landholding Agency: Air Force Status: Excess Calumet Air Force Station Property Number: 189010785 Comment: 1,056 sq. ft.; 1 floor wood frame Calumet Co: Keweenaw MI 49913– Status: Excess residence. Landholding Agency: Air Force Comment: 6,070 sq. ft.; 2 story; concrete Bldg. 12 Property Number: 189010776 block; potential utilities; possible asbestos; Calumet Air Force Station Status: Excess Comment: 2,146 sq. ft.; 1 floor; concrete most recent use—administrative facility. Calumet Co: Keweenaw MI 49913– block; potential utilities; possible asbestos; Bldg. 47 Landholding Agency: Air Force most recent use—storage. Calumet Air Force Station Property Number: 189010838 Status: Excess Bldg. 22 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Comment: 1,056 sq. ft.; 1 story wood frame Calumet Air Force Station residence. Calumet Co: Keweenaw MI 49913– Property Number: 189010787 Landholding Agency: Air Force Status: Excess Bldg. 13 Property Number: 189010777 Comment: 83 sq. ft.; 1 story; concrete block; Calumet Air Force Station Status: Excess potential utilities; most recent use— Calumet Co: Keweenaw MI 49913– Comment: 1,546 sq. ft.; 1 floor; concrete storage. Landholding Agency: Air Force block; potential utilities; possible asbestos; Bldg. 48 Property Number: 189010839 most recent use—administrative facility. Calumet Air Force Station Status: Excess Comment: 1,056 sq. ft.; 1 story wood frame Bldg. 28 Calumet Co: Keweenaw MI 49913– residence. Calumet Air Force Station Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Property Number: 189010788 Bldg. 5 Landholding Agency: Air Force Status: Excess Calumet Air Force Station Property Number: 189010778 Comment: 96 sq. ft.; 1 story; concrete block; Calumet Co: Keweenaw MI 49913– Status: Excess potential utilities; most recent use— Landholding Agency: Air Force Comment: 1,000 sq. ft.; 1 floor; possible storage. Property Number: 189010840 asbestos; potential utilities; most recent Bldg. 49 Status: Excess use—maintenance facility. Calumet Air Force Station Comment: 864 sq. ft.; 1 floor wood frame Bldg. 40 Calumet Co: Keweenaw MI 49913– residence; possible asbestos. Calumet Air Force Station Landholding Agency: Air Force Bldg. 6 Calumet Co: Keweenaw MI 49913– Property Number: 189010789 Calumet Air Force Station Landholding Agency: Air Force Status: Excess Calumet Co: Keweenaw MI 49913– Property Number: 189010780 Comment: 1,944 sq. ft.; 1 story; concrete Landholding Agency: Air Force Status: Excess block; potential utilities; most recent use— Property Number: 189010841 Comment: 2,069 sq. ft.; 2 floors; concrete dormitory. Status: Excess block; possible asbestos; potential utilities; Bldg. 50 Comment: 864 sq. ft.; 1 floor wood frame most recent use—administrative facility. Calumet Air Force Station residence; possible asbestos. Bldg. 41 Calumet Co: Keweenaw MI 49913– Bldg. 7 Calumet Air Force Station Landholding Agency: Air Force Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Property Number: 189010790 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Status: Excess Landholding Agency: Air Force Property Number: 189010781 Comment: 6,171 sq. ft.; 1 story; concrete Property Number: 189010842 Status: Excess block; potential utilities; possible asbestos; Status: Excess Comment: 2,069 sq. ft.; 1 floor; concrete most recent use—Fire Department vehicle Comment: 864 sq. ft.; 1 story wood frame block; potential utilities; possible asbestos; parking building. residence; possible asbestos. most recent use—dormitory. Bldg. 14 Bldg. 8 Bldg. 42 Calumet Air Force Station Calumet Air Force Station Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9357 Landholding Agency: Air Force Calumet Air Force Station Landholding Agency: Air Force Property Number: 189010843 Calumet Co: Keweenaw MI 49913– Property Number: 189010886 Status: Excess Landholding Agency: Air Force Status: Excess Comment: 864 sq. ft.; 1 floor wood frame Property Number: 189010870 Comment: 4314 sq. ft.; 2 story concrete block residence; possible asbestos. Status: Excess facility; (radar tower bldg.) potential use— Bldg. 4 Comment: 36 sq. ft.; 1 story; metal frame; storage. Calumet Air Force Station prior use—storage of fire hoses. Bldg. 154 Calumet Co: Keweenaw MI 49913– Bldg. 35 Calumet Air Force Station Landholding Agency: Air Force Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Property Number: 189010844 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Status: Excess Landholding Agency: Air Force Property Number: 189010887 Comment: 2340 sq. ft.; 1 floor concrete block; Property Number: 189010871 Status: Excess most recent use—heating facility. Status: Excess Comment: 8960 sq. ft.; 4 story concrete block Bldg. 3 Comment: 36 sq. ft.; 1 story metal frame; facility; (radar tower bldg.) potential use— Calumet Air Force Station prior use—storage of fire hoses. storage. Calumet Co: Keweenaw MI 49913– Bldg. 39 Bldg. 157 Landholding Agency: Air Force Calumet Air Force Station Calumet Air Force Station Property Number: 189010845 Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Status: Excess Landholding Agency: Air Force Landholding Agency: Air Force Comment: Property Number: 189010874 Property Number: 189010888 314 sq. ft.; 1 floor concrete block; possible Status: Excess Status: Excess concrete block; possible asbestos; most Comment: 25 sq. ft.; 1 floor metal frame; prior Comment: 3744 sq. ft.; 1 story concrete/steel recent use—maintenance shop and office. use—storage of fire hoses. facility; (radar tower bldg.); potential use— Bldg. 1 Bldg. 202 storage. Calumet Air Force Station Calumet Air Force Station Minnesota Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Army Reserve Center Landholding Agency: Air Force Landholding Agency: Air Force 301 Lexington Ave. South Property Number: 189010846 Property Number: 189010880 New Prague Co: LeSueur MN 56071– Status: Excess Status: Excess Landholding Agency GSA Comment: 4528 sq. ft.; 1 floor concrete block; Comment: 25 sq. ft.; 1 floor metal frame; prior Property Number: 549330003 possible asbestos; most recent use—office. use—storage of fire hoses. Status: Surplus Bldg. 158 Bldg. 203 Comment: 4316 sq. ft. brick veneer and Calumet Air Force Station Calumet Air Force Station concrete block office and training bldg. and Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– a 1170 sq. ft. maintenance shop on 3.82 Landholding Agency: Air Force Landholding Agency: Air Force acres of land leased by the City. Property Number: 189010857 Property Number: 189010881 GSA Number: 2–D–MN–558 Status: Excess Status: Excess Missouri Comment: 3603 sq. ft.; 1 story concrete/steel; Comment: 25 sq. ft.; 1 floor metal frame; prior possible asbestos; most recent use—electric use—storage of fire hoses. Jefferson Barracks ANG Base Missouri National Guard power station. Bldg. 204 1 Grant Road Bldg. 15 Calumet Air Force Station St. Louis Co: St. Louis MO 63125–4118 Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Landholding agency: Air Force Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Property Number: 189010081 Landholding Agency: Air Force Property Number: 189010882 Status: Underutilized Property Number: 189010864 Status: Excess Comment: 20 acres; portin near flammable Status: Excess Comment: 25 sq. ft.; 1 floor metal frame; prior materials; portion on archaeological site; Comment: 538 sq. ft.; concrete/wood use—storage of fire hoses. special fencing required. structure; potential utilizes; most recent Bldg. 205 use—gymnasium facility. Calumet Air Force Station Montana Bldg. 31 Calumet Co: Keweenaw MI 49913– Bldg. 00007 Calumet Air Force Station Landholding Agency: Air Force Havre Air Force Station Co: HIll MT 59501– Calumet Co: Keweenaw MI 49913– Property Number: 189010883 Landholding Agency: Air Force Landholding Agency: Air Force Status: Excess Property Number: 189330066 Property Number: 189010867 Comment: 25 sq. ft.; 1 floor metal frame; prior Status: Unutilized Status: Excess use—storage of fire hoses. Comment: 992 sq, ft,m 1-story metal, most Comment: 36 sq. ft.; 1 story; metal frame; Bldg. 206 recent use—auto/hobby shop. prior use—storage of fire hoses. Calumet Air Force Station Bldg. 00008 Bldg. 32 Calumet Co: Keweenaw MI 49913– Havre Air Force Station Co: Hill MT 59501– Calumet Air Force Station Landholding Agency: Air Force Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Property Number: 189010884 Property Number: 189330067 Landholding Agency: Air Force Status: Excess Status: Unutilized Property Number: 189010868 Comment: 25 sq. ft.; 1 floor metal frame; prior Comment: 2640 sq. ft., 1-story metal, most Status: Excess use—storage of fire hoses. recent use—vehicle parking. Comment: 36 sq. ft.; 1 story; metal frame; Bldg. 207 Bldg. 00016 prior use—storage of fire hoses. Calumet Air Force Station Havre Air Force Station Co: Hill MT 59501– Bldg. 33 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Calumet Air Force Station Landholding Agency: Air Force Property Number: 189330068 Calumet Co: Keweenaw MI 49913– Property Number: 189010885 Status: Unutilized Landholding Agency: Air Force Status: Excess Comment: 3604 sq. ft., 1-story cinder block, Property Number: 189010869 Comment: 25 sq. ft.; 1 floor metal frame; prior most recent use—storage. Status: Excess use—storage of fire hoses. Bldg. 00023 Comment: 36 sq. ft.; 1 story; metal frame; Bldg. 153 Havre Air Force Station Co: Hill MT 59501– prior use—storage of fire hoses. Calumet Air Force Station Landholding Agency: Air Force Bldg. 34 Calumet Co: Keweenaw MI 49913– Property Number: 189330069 9358 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Status: Unutilized Havre Air Force Station Co: Hill MT 59501– Status: Unutilized Comment: 3315 sq. ft., 1-story wood, most Landholding Agency: Air Force Comment: 36 sq. ft. each, most recent use— recent use—fire station. Property Number: 189330080 storage. Bldg. 00024 Status: Unutilized Nebraska Havre Air Force Station Co: Hill MT 59501– Comment: 3298 sq. ft., 1-story metal, most Bldg. 4, Hastings Family Hsg. Landholding Agency: Air Force recent use—wood hobby shop. Hastings Radar Bomb Scoring Site Property Number: 189330070 Bldgs. 51, 52, 56, 58 Hastings Co: Adams NE 68901– Status: Unutilized Havre Air Force Station Co: Hill MT 59501– Landholding Agency: Air Force Comment: 5016 sq. ft., 1-story brick, most Landholding Agency: Air Force Property Number: 189320059 recent use—dormitory. Property Number: 189330081 Status: Excess Status: Unutilized Bldg. 00027 Comment: 19370 sq. ft., brick frame, 1-story, Comment: 1352 sq. ft. each, 1-story wood, Havre Air Force Station Co: Hill MT 59501– possible asbestos, most recent use— most recent use—residential. Landholding Agency: Air Force recreation. Property Number: 189330071 Bldgs. 53–55, 57, 59, 61, 63, 65, 67, 69, 71 Bldg. 500 Status: Unutilized Havre Air Force Station Co: Hill MT 59501– Hastings Family Housing Comment: 14280 sq. ft., 1-story cinder block, Landholding Agency: Air Force Hastings Radar Bomb Scoring Site most recent use—recreation center and Property Number: 189330082 Hastings Co: Adams NE 68901– commissary store. Status: Unutilized Landholding Agency: Air Force Comment: 1152 sq. ft. each, 1-story wood, Bldg. 00029 Property Number: 189320060 most recent use—residential. Havre Air Force Station Co: Hill MT 59501– Status: Excess Landholding Agency: Air Force Bldgs. 60, 62, 64, 66, 68 Comment: 4984 sq. ft., 2-story plus 1/2 Property Number: 189330072 Havre Air Force Station Co: Hill MT 59501– basement wood frame family housing, Status: Unutilized Landholding Agency: Air Force possible asbestos. Comment: 63 sq. ft., 1-story metal. Property Number: 189330083 Bldg. 502 Status: Unutilized Bldg. 00031 Hastings Family Housing Comment: 1361 sq. ft. each, 1-story wood, Havre Air Force Station Co: Hill MT 59501– Hastings Radar Bomb Scoring Site most recent use—residential. Landholding Agency: Air Force Hastings Co: Adams NE 68901– Property Number: 189330073 Bldgs. 70, 72, 74, 78 Landholding Agency: Air Force Status: Unutilized Havre Air Force Station Co: Hill MT 59501– Property Number: 189320061 Comment: 3130 sq. ft., 1-story cinder block, Landholding Agency: Air Force Status: Excess most recent use—maintenance shop and Property Number: 189330084 Comment: 2108 sq. ft., 2-story plus 1/2 admin. Status: Unutilized basement wood frame family housing, Bldg. 00032 Comment: 1455 sq. ft. each, 1-story wood, possible asbestos. most recent use—residential. Havre Air Force Station Co: Hill MT 59501– Bldg. 504 Landholding Agency: Air Force Bldgs. 76, 80 Hastings Family Housing Property Number: 189330074 Havre Air Force Station Co: Hill MT 59501– Hastings Radar Bomb Scoring Site Status: Unutilized Landholding Agency: Air Force Hastings Co: Adams NE 68901– Comment: 64 sq. ft., metal, most recent use— Property Number: 189330085 Landholding Agency: Air Force storage. Status: Unutilized Property Number: 189320062 Bldg. 00035 Comment: 1343 sq. ft. each, 1-story wood, Status: Excess Havre Air Force Station Co: Hill MT 59501– most recent use—residential. Comment: 2852 sq. ft., 2-story plus 1/2 Landholding Agency: Air Force Bldg. 82 basement wood frame family housing, Property Number: 189330075 Havre Air Force Station Co: Hill MT 59501– possible asbestos. Status: Unutilized Landholding Agency: Air Force Bldg. 506 Comment: 2252 sq. ft., 4-story metal, most Property Number: 189330086 Hastings Family Housing recent use—storage. Status: Unutilized Hastings Radar Bomb Scoring Site Bldg. 00039 Comment: 1553 sq. ft. each, 1-story wood, Hastings Co: Adams NE 68901– Havre Air Force Station Co: Hill MT 59501– most recent use—residential. Landholding Agency: Air Force Landholding Agency: Air Force Bldgs. 150, 152, 154, 156, 158, 160, 162, 164, Property Number: 189320063 Property Number: 189330076 168, 170, 172, 174, 176, 178, 180, 182, 184 Status: Excess Status: Unutilized Havre Air Force Station Co: Hill MT 59501– Comment: 2960 sq. ft., 2-story plus 3/4 Comment: 21824 sq. ft., 1-story masonry, Landholding Agency: Air Force basement wood frame family housing, most recent use—storage. Property Number: 189330087 possible asbestos. Bldg. 00040 Status: Unutilized Bldg. 507 Havre Air Force Station Co: Hill MT 59501– Comment: 1247 sq. ft. each, 1-story wood, Hastings Family Housing Landholding Agency: Air Force most recent use—residential. Hastings Radar Bomb Scoring Site Property Number: 189330077 Bldgs. 106–109, 112–113 Hastings Co: Adams NE 68901– Status: Unutilized Havre Air Force Station Co: Hill MT 59501– Landholding Agency: Air Force Comment: 874 sq. ft., 1-story masonry, most Landholding Agency: Air Force Property Number: 189320064 recent use—storage. Property Number: 189330088 Status: Excess Bldg. 00041 Status: Unutilized Comment: 2154 sq. ft., 2-story plus 1/2 Havre Air Force Station Co: Hill MT 59501– Comment: 36 sq. ft., each, most recent use— basement wood frame family housing, Landholding Agency: Air Force fire hose house. possible asbestos. Property Number: 189330078 Bldgs. 202, 204, 206, 212, 214, 216, 218 Bldg. 509 Status: Unutilized Havre Air Force Station Co: Hill MT 59501– Hastings Family Housing Comment: 108 sq. ft., 1-story masonry. Landholding Agency: Air Force Hastings Radar Bomb Scoring Site Bldg. 00042 Property Number: 189330089 Hastings Co: Adams NE 68901– Havre Air Force Station Co: Hill MT 59501– Status: Unutilized Landholding Agency: Air Force Landholding Agency: Air Force Comment: 72 sq. ft. each, most recent use— Property Number: 189320065 Property Number: 189330079 storage units. Status: Excess Status: Unutilized Bldgs. 208, 210 Comment: 2404 sq. ft., 2-story plus 1/2 Comment: 760 sq. ft., 1-story masonry, most Havre Air Force Station Co: Hill MT 59501– basement wood frame family housing, recent use—warehouse. Landholding Agency: Air Force possible asbestos. Bldg. 00044 Property Number: 189330090 Bldg. 511 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9359 Hastings Family Housing Status: Excess Hastings Family Housing Hastings Radar Bomb Scoring Site Comment: 2718 sq. ft., 2-story plus 3/4 Hastings Radar Bomb Scoring Site Hastings Co: Adams NE 68901– basement wood frame family housing, Hastings Co: Adams NE 68901– Landholding Agency: Air Force possible asbestos. Landholding Agency: Air Force Property Number: 189320066 Bldg. 526 Property Number: 189320081 Status: Excess Hastings Family Housing Status: Excess Comment: 3156 sq. ft., 2-story plus full Hastings Radar Bomb Scoring Site Comment: 2452 sq. ft., 2-story plus full basement wood frame family housing, Hastings Co: Adams NE 68901– basement wood frame family housing, possible asbestos. Landholding Agency: Air Force possible asbestos. Bldg. 512 Property Number: 189320074 Bldg. 542 Hastings Family Housing Status: Excess Hastings Family Housing Hastings Radar Bomb Scoring Site Comment: 3720 sq. ft., 2-story plus 1/2 Hastings Radar Bomb Scoring Site Hastings Co: Adams NE 68901– basement wood frame family housing, Hastings Co: Adams NE 68901– Landholding Agency: Air Force possible asbestos. Landholding Agency: Air Force Property Number: 189320067 Bldg. 529 Property Number: 189320082 Status: Excess Hastings Family Housing Status: Excess Comment: 2948 sq. ft., 2-story plus 3/4 Hastings Radar Bomb Scoring Site Comment: 2566 sq. ft., 2-story plus 3/4 basement wood frame family housing, Hastings Co: Adams NE 68901– basement wood frame family housing, possible asbestos. Landholding Agency: Air Force possible asbestos. Bldg. 515 Property Number: 189320075 Bldg. 544 Hastings Family Housing Status: Excess Hastings Family Housing Hastings Radar Bomb Scoring Site Comment: 2252 sq. ft., 2-story plus 3/4 Hastings Radar Bomb Scoring Site Hastings Co: Adams NE 68901– basement wood frame family housing, Hastings Co: Adams NE 68901– Landholding Agency: Air Force possible asbestos. Landholding Agency: Air Force Property Number: 189320068 Bldg. 531 Property Number: 189320083 Status: Excess Hastings Family Housing Status: Excess Comment: 2554 sq. ft., 2-story plus 1/2 Hastings Radar Bomb Scoring Site Comment: 3488 sq. ft., 1-story plus full basement wood frame family housing, Hastings Co: Adams NE 68901– basement wood frame family housing, possible asbestos. Landholding Agency: Air Force possible asbestos. Bldg. 517 Property Number: 189320076 Bldg. 546 Hastings Family Housing Status: Excess Hastings Family Housing Hastings Radar Bomb Scoring Site Comment: 2782 sq. ft., 2-story plus 3/4 Hastings Radar Bomb Scoring Site Hastings Co: Adams NE 68901– basement wood frame family housing, Hastings Co: Adams NE 68901– Landholding Agency: Air Force possible asbestos. Landholding Agency: Air Force Property Number: 189320069 Bldg. 533 Property Number: 189320084 Status: Excess Hastings Family Housing Status: Excess Comment: 2554 sq. ft., 2-story plus 1/2 Hastings Radar Bomb Scoring Site Comment: 3724 sq. ft., 1-story plus full basement wood frame family housing, Hastings Co: Adams NE 68901– basement wood frame family housing, possible asbestos. Landholding Agency: Air Force possible asbestos. Bldg. 519 Property Number: 189320077 Bldg. 549 Hastings Family Housing Status: Excess Hastings Family Housing Hastings Radar Bomb Scoring Site Comment: 2324 sq. ft., 2-story plus 3/4 Hastings Radar Bomb Scoring Site Hastings Co: Adams NE 68901– basement wood frame family housing, Hastings Co: Adams NE 68901– Landholding Agency: Air Force possible asbestos. Landholding Agency: Air Force Property Number: 189320070 Bldg. 534 Property Number: 189320085 Status: Excess Hastings Family Housing Status: Excess Comment: 2800 sq. ft., 2-story plus full Hastings Radar Bomb Scoring Site Comment: 2624 sq. ft., 2-story plus 1/2 basement wood frame family housing, Hastings Co: Adams NE 68901– basement wood frame family housing, possible asbestos. Landholding Agency: Air Force possible asbestos. Bldg. 521 Property Number: 189320078 Bldg. 550 Hastings Family Housing Status: Excess Hastings Family Housing Hastings Radar Bomb Scoring Site Comment: 3276 sq. ft., 2-story plus 1/2 Hastings Radar Bomb Scoring Site Hastings Co: Adams NE 68901– basement wood frame family housing, Hastings Co: Adams NE 68901– Landholding Agency: Air Force possible asbestos. Landholding Agency: Air Force Property Number: 189320071 Bldg. 536 Property Number: 189320086 Status: Excess Hastings Family Housing Status: Excess Comment: 2268 sq. ft., 2-story plus 1/2 Hastings Radar Bomb Scoring Site Comment: 2270 sq. ft., 2-story plus 1/2 basement wood frame family housing, Hastings Co: Adams NE 68901– basement wood frame family housing, possible asbestos. Landholding Agency: Air Force possible asbestos. Bldg. 523 Property Number: 189320079 Bldg. 552 Hastings Family Housing Status: Excess Hastings Family Housing Hastings Radar Bomb Scoring Site Comment: 2228 sq. ft., 2-story plus 1/2 Hastings Radar Bomb Scoring Site Hastings Co: Adams NE 68901– basement wood frame family housing, Hastings Co: Adams NE 68901– Landholding Agency: Air Force possible asbestos. Landholding Agency: Air Force Property Number: 189320072 Bldg. 538 Property Number: 189320087 Status: Excess Hastings Family Housing Status: Excess Comment: 2718 sq. ft., 2-story plus 3/4 Hastings Radar Bomb Scoring Site Comment: 2358 sq. ft., 2-story plus 1/2 basement wood frame family housing, Hastings Co: Adams NE 68901– basement wood frame family housing, possible asbestos. Landholding Agency: Air Force possible asbestos. Bldg. 525 Property Number: 189320080 Bldg. 553 Hastings Family Housing Status: Excess Hastings Family Housing Hastings Radar Bomb Scoring Site Comment: 2228 sq. ft., 2-story plus full Hastings Radar Bomb Scoring Site Hastings Co: Adams NE 68901– basement wood frame family housing, Hastings Co: Adams NE 68901– Landholding Agency: Air Force possible asbestos. Landholding Agency: Air Force Property Number: 189320073 Bldg. 541 Property Number: 189320088 9360 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Status: Excess Hastings Co: Adams NE 68901– Property Number: 549430005 Comment: 2012 sq. ft., 2-story plus 1/2 Landholding Agency: Air Force Status: Excess basement wood frame family housing, Property Number: 189320096 Comment: 1527 sq. ft., 1 story wood possible asbestos. Status: Excess residence, 4 bedrooms/2 bathrooms. Bldg. 555 Comment: 115 sq. ft., 1-story metal frame, GSA Number: 9–U–NV–467–C. Hastings Family Housing most recent use—storage, no known utility Bldg. 111 Hastings Radar Bomb Scoring Site potential. Tonopah Housing Complex Hastings Co: Adams NE 68901– Bldg. 6 Tonopah Co: Nye NV 89049– Landholding Agency: Air Force Hastings Family Housing Landholding Agency: GSA Property Number: 189320089 Hastings Radar Bomb Scoring Site Property Number: 54930006 Status: Excess Hastings Co: Adams NE 68901– Status: Excess Comment: 2286 sq. ft., 2-story plus full Landholding Agency: Air Force Comment: 2507 sq. ft., most recent use— basement wood frame family housing, Property Number: 189320097 office. possible asbestos. Status: Excess GSA Number: 9–U–NV–467–D. Bldg. 557 Comment: 256 sq. ft., 1-story wood frame, Bldg. 111 Hastings Family Housing most recent use—storage, possible Tonopah Housing Complex Hastings Radar Bomb Scoring Site asbestos. Tonopah Co: Nye NV 89049– Hastings Co: Adams NE 68901– Bldg. 547 Landholding Agency: GSA Landholding Agency: Air Force Hastings Family Housing Property Number: 549430006 Property Number: 189320090 Hastings Radar Bomb Scoring Site Status: Excess Status: Excess Hastings Co: Adams NE 68901– Comment: 2507 sq. ft., most recent use— Comment: 2176 sq. ft., 1-story plus full Landholding Agency: Air Force office. basement wood frame family housing, Property Number: 189320098 GSA Number: 9–U–NV–467–D. possible asbestos. Status: Excess Bldg. 112 Comment: 731 sq. ft., 1-story plus full Bldg. 558 Tonopah Housing Complex basement wood frame, most recent use— Hastings Family Housing Tonopah Co: Nye NV 89049– storage, possible asbestos. Hastings Radar Bomb Scoring Site Landholding Agency: GSA Hastings Co: Adams NE 68901– Bldg. 604 Property Number: 549430007 Landholding Agency: Air Force Hastings Family Housing Status: Excess Property Number: 189320091 Hastings Radar Bomb Scoring Site Comment: 1920 sq. ft., most recent use— Status: Excess Hastings Co: Adams NE 68901– storage. Comment: 2052 sq. ft., 2-story plus 1/2 Landholding Agency: Air Force GSA Number: 9–U–NV–467–D. basement wood frame family housing, Property Number: 189320099 Bldg. 112 possible asbestos. Status: Excess Tonopah Housing Complex Comment: 224 sq. ft., 1-story wood frame, Tonopah Co: Nye NV 89049– Bldg. 560 most recent use—storage. Hastings Family Housing Landholding Agency: GSA Hastings Radar Bomb Scoring Site Nevada Property Number: 549430007 Hastings Co: Adams NE 68901– Status: Excess 17 Single Family Residences Comment: 1920 sq. ft., most recent use— Landholding Agency: Air Force Tonopah Housing Complex Property Number: 189320092 storage. Tonopah Co: Nye NV 89049– GSA Number: 9–U–NV–467–D. Status: Excess Landholding Agency: GSA Bldg. 120 Comment: 2600 sq. ft., 2-story plus 3/4 Property Number: 549430004 Tonopah Housing Complex basement wood frame family housing, Status: Excess Tonopah Co: Nye NV 89049– possible asbestos. Comment: 1192 to 1378 sq. ft., 1 story wood Landholding Agency: GSA 27 Detached Garages residences, 3 bedrooms/ 1 bathroom, (4 of Property Number: 549430008 Hastings Family Housing these residences are unavailable for Status: Excess Hastings Radar Bomb Scoring Site homeless asst. use due to a compelling Comment: 1440 sq. ft., most recent use— Hastings Co: Adams NE 68901– Federal need). motor pool. Landholding Agency: Air Force GSA Number: 9–U–NV–467–C. GSA Number: 9–U–NV–467–D. Property Number: 189320093 17 Single Family Residences Bldg. 120 Status: Excess Tonopah Housing Complex Comment: 280—708 sq. ft., wood frame, Tonopah Housing Complex Tonopah Co: Nye NV 89049– Tonopah Co: Nye NV 89049– accommodates 1 to 3 vehicles, possible Landholding Agency: GSA asbestos. Landholding Agency: GSA Property Number: 549430004 Property Number: 549430008 Bldg. 17 Status: Excess Status: Excess Hastings Radar Bomb Scoring Site Comment: 1192 to 1378 sq. ft., 1 story wood Comment: 1440 sq. ft., most recent use— Hastings Co: Adams NE 68901– residences, 3 bedrooms/1 bathroom, (4 of motor pool. Landholding Agency: Air Force these residences are unavailable for GSA Number: 9–U–NV–467–D. Property Number: 189320094 homeless asst. use due to a compelling Status: Excess Federal need). New Hampshire Comment: 2225 sq. ft., 1-story wood frame, GSA Number: 9–U–NV–467–C. Bldg. 114 most recent use—offices, needs rehab, 1 Single Family Residence New Boston Air Force Staton possible asbestos. Tonopah Housing Complex Amherst Co: Hillsborough NH 03031–1514 Bldg. 16 Tonopah Co: Nye NV 89049– Landholding Agency: Air Force Hastings Radar Bomb Scoring Site Landholding Agency: GSA Property Number: 189320055 Hastings Co: Adams NE 68901– Property Number: 549430005 Status: Excess Landholding Agency: Air Force Status: Excess Comment: 2606 sq. ft., 1-story, concrete block Property Number: 189320095 Comment: 1527 sq. ft., 1 story wood frame possible asbestos, access restrictions, Status: Excess residence, 4 bedrooms/2 bathrooms. most recent use—storage. Comment: 3278 sq. ft., 1-story plus basement GSA Number: 9–U–NV–467–C. Bldg. 115 brick frame, most recent use—storage, 1 Single Family Residence New Boston Air Force Staton possible asbestos. Tonopah Housing Complex Amherst Co: Hillsborough NH 03031–1514 Bldg. 18 Tonopah Co: Nye NV 89049– Landholding Agency: Air Force Hastings Radar Bomb Scoring Site Landholding Agency: GSA Property Number: 189320056 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9361 Status: Excess Texas GSA Number: 7–D–TX–879A. Comment: 2606 sq. ft., 1-story, concrete block Bldg. 605 Bldg. 29 frame, possible asbestos, access Brooks Air Force Base Saginaw Army Aircraft Plant restrictions, most recent use—storage. San Antonio Co: Bexar TX 78235– Saginaw Co: Tarrant TX 76070– Bldg. 127 Landholding Agency: Air Force Landholding Agency: GSA New Boston Air Force Staton Property Number: 189110090 Property Number: 219014818 Amherst Co: Hillsborough NH 03031–1514 Status: Unutilized Status: Excess Landholding Agency: Air Force Comment: 392 sq. ft.; 1 story sheet metal Comment: 5028 sq. ft.; 1 story wood, masonry Property Number: 189320057 building; most recent use—storage; and metal frame; subject to sewer pipeline Status: Excess possible asbestos; needs rehab. easement; needs rehab. Comment: 698 sq. ft., 1-story, concrete and Bldg. 696 GSA Number: 7–D–TX–879A. metal frame, possible asbestos, access Brooks Air Force Base Bldg. 30 restrictions, most recent use—storage. San Antonio Co: Bexar TX 78235– Saginaw Army Aircraft Plant New Mexico Landholding Agency: Air Force Saginaw Co: Tarrant TX 76070– Property Number: 189110091 Landholding Agency: GSA Mobile Home, GQ Status: Unutilized Property Number: 219014819 Gran Quivira Ruins Comment: 1344 sq. ft.; possible asbestos; Status: Excess Mountainair Co: Socorro NM 87036– most recent use—auto hobby shop; needs Comment: 5323 sq. ft.; 1 story wood and Landholding Agency: Interior rehab. metal frame; subject to sewer pipeline Property Number: 619430003 Bldg. 697 easement; needs rehab. Status: Excess GSA Number: 7–D–TX–879A. Comment: 938 sq. ft.; wood frame/wood Brooks Air Force Base San Antonio Co: Bexar TX 78235– Bldg. 18 siding mobile home; off-site removal only. Landholding Agency: Air Force Saginaw Army Aircraft Plant North Carolina Property Number: 189110092 Saginaw Co: Tarrant TX 76070– Portion VA Reservation Status: Unutilized Landholding Agency: GSA Nurses Quarters Comment: 770 sq. ft.; possible asbestos; most Property Number: 219014820 Oteen Co: Buncombe NC recent use—supply store; needs rehab. Status: Excess Landholding Agency: GSA Bldg. 698 Comment: 9560 sq. ft.; 1 story wood, masonry Property Number: 549320006 Brooks Air Force Base and metal frame; subject to sewer pipeline Status: Excess San Antonio Co: Bexar TX 78235– easement; needs rehab. Comment: 8752 sq. ft., 3-story stucco bldg., Landholding Agency: Air Force GSA Number: 7–D–TX–879A. presence of asbestos, Property Number: 189110093 Bldg. 6 GSA Number: 4–GR–NC–481B. Status: Unutilized Saginaw Army Aircraft Plant Pennsylvania Comment: 5815 sq. ft.; 1 story corrugated Saginaw Co: Tarrant TX 76070– iron; possible asbestos; needs rehab; most Landholding Agency: GSA Residence recent use—recreation, workshop. Property Number: 219014821 Crooked Creek Lake, RD #3 Bldg. 699 Status: Excess Ford City Co: Armstrong PA 16226– Brooks Air Force Base Comment: 1258 sq. ft.; 1 story structured clay Landholding Agency: COE San Antonio Co: Bexar TX 78235– tile and metal frame; subject to pipeline Property Number: 319430010 Landholding Agency: Air Force eaement; needs rehab. Status: Unutilized Property Number: 189110094 GSA Number: 7–D–TX–879A. Comment: 1847 sq. ft., 1-story wood frame Status: Unutilized Bldg. 7 residence, fair condition. Comment: 2659 sq. ft.; 1 story; possible Saginaw Army Aircraft Plant Tract No. 408E asbestos; most recent use—arts and crafts Saginaw Co: Tarrant TX 76070– Grays Landing Lock & Dam Project center. Landholding Agency: GSA Greensboro Co: Green PA 15338– Bldg. 2 Property Number: 219014822 Landholding Agency: COE Saginaw Army Aircraft Plant Status: Excess Property Number: 319440003 Saginaw Co: Tarrant TX 76070– Comment: 508 sq. ft.; 1 story wood and metal Status: Excess Landholding Agency: GSA frame; subject to sewer pipeline easement; Comment: 1187 sq. ft., 2 story brick bldg., Property Number: 219014815 needs rehab. historic structure, flowage easement. Status: Unutilized GSA Number: 7–D–TX–879A. Storage & Maint. Facility Comment: 94606 sq. ft.; 1 story wood, Bldg. 8 1200 Airport Road masonry, and metal frame; subject to sewer Saginaw Army Aircraft Plant Hopewell Co: Beaver PA 15001– pipeline easement; needs rehab. Saginaw Co: Tarrant TX 76070– Landholding Agency: GSA GSA Number: 7–D–TX–879A. Landholding Agency: GSA Property Number: 549330004 Bldg. 4 Property Number: 219014824 Status: Excess Saginaw Army Aircraft Plant Status: Excess Comment: 44157 sq. ft., 1-story concrete Saginaw Co: Tarrant TX 76070– Comment: 171 sq. ft.; 2 story concrete block block bldg. (inadequate heating) and 19 Landholding Agency: GSA and brick; subject to sewer pipeline acres of land, easements for pipelines and Property Number: 219014816 easement; needs rehab; most recent use— public utilities Status: Excess watch tower GSA Number: 4–L–PA–766. Comment: 1350 sq. ft.; 1 story structured clay GSA Number: 7–D–TX–879A. Tennessee tile and metal frame; subject to sewer Bldg. 16 Transient Quarters pipeline easement; needs rehab. Saginaw Army Aircraft Plant Dale Hollow Lake and Dam Project GSA Number: 7–D–TX–879A. Saginaw Co: Tarrant TX 76070– Dale Hollow Resource Mgr Office, Rt 1, Box Bldg. 17 Landholding Agency: GSA 64 Saginaw Army Aircraft Plant Property Number: 219014825 Celina Co: Clay TN 38551– Saginaw Co: Tarrant TX 76070– Status: Excess Landholding Agency: COE Landholding Agency: GSA Comment: 17263 sq. ft.; 1 story wood and Property Number: 319140005 Property Number: 219014817 metal frame; subject to sewer pipeline Status: Unutilized Status: Excess easement; needs rehab. Comment: 1400 sq. ft., concrete block, Comment: 68 sq. ft.; wood and metal frame; GSA Number: 7–D–TX–879A. possible security restrictions, subject to subject to sewer pipeline easement; needs Bldg. 19 existing easements. rehab; most recent use—guard house. Saginaw Army Aircraft Plant 9362 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Saginaw Co: Tarrant TX 76070– Comment: 50581 sq. ft.; 1 story wood and Ave. B—County 23 St. Landholding Agency: GSA metal frame; subject to sewer pipeline Yuma Co: Yuma AZ 85364– Property Number: 219014826 easement; needs rehab. Landholding Agency: Interior Status: Excess GSA Number: 7–D–TX–879A. Property Number: 619340001 Comment: 25399 sq. ft.; 1 story wood and Bldg. 27 Status: Unutilized metal frame; subject to sewer pipeline Saginaw Army Aircraft Plant Comment: Desert land, currently no water easement; needs rehab. Saginaw Co: Tarrant TX 76070– available, possible lease restrictions. GSA Number: 7–D–TX–879A. Landholding Agency: GSA Tract No. APO–SRP–JL–4 Bldg. 31 Property Number: 219014834 West of 91st Ave. & South of Indian School Saginaw Army Aircraft Plant Status: Excess Rd Co: Maricopa AZ Saginaw Co: Tarrant TX 76070– Comment: 228 sq. ft.; 2 story wood and metal Landholding Agency: Interior Landholding Agency: GSA frame; subject to sewer pipeline easement; Property Number: 619340002 Property Number: 219014827 needs rehab; most recent use—control Status: Unutilized Status: Excess tower Comment: 26 foot strip of land 800 foot long, Comment: 1392 sq. ft.; 1 story wood and GSA Number: 7–D–TX–879A. possible easement restrictions. metal frame; subject to sewer pipeline Bldg. 32 Quartermaster Depot easement; needs rehab. Saginaw Army Aircraft Plant 4th Avenue and Colorado River GSA Number: 7–D–TX–879A. Saginaw Co: Tarrant TX 76070– Yuma Co: Yuma AZ 85364– Bldg. 9 Landholding Agency: GSA Landholding Agency: Interior Saginaw Army Aircraft Plant Property Number: 219014835 Property Number: 619420001 Saginaw Co: Tarrant TX 76070– Status: Excess Status: Unutilized Landholding Agency: GSA Comment: 19546 sq. ft.; 1 story wood and Comment: less than 1 acre, dirt and Property Number: 219014828 metal frame; subject to sewer pipeline shrubbery along the river, lease Status: Excess easement; needs rehab. restrictions, historical site. Comment: 244 sq. ft.; 1 story wood, hollow GSA Number: 7–D–TX–879A. Arkansas tile and metal frame; subject to sewer Del Rio Federal Building Old Lock & Dam site No. 6 pipeline easement; needs rehab. Main at Broadway GSA Number: 7–D–TX–879A. Ouachita-Black Rivers Navigation Proj. Co: Del Rio Co: Val Verde TX 78840– Ashley/Union AR Bldg. 25 Landholding Agency: GSA Landholding Agency: GSA Saginaw Army Aircraft Plant Property Number: 549310001 Property Number: 549420007 Saginaw Co: Tarrant TX 76070– Status: Excess Status: Excess Landholding Agency: GSA Comment: 15600 sq. ft. 3-story plus Comment: 62.37 acres in two tracts, no Property Number: 219014829 basement, masonry frame, most recent known utilities potential. Status: Excess use—offices and courthouse. GSA Number: 7–D–AR–549. Comment: 1320 sq. ft.; 1 story wood and GSA Number: 7–G–TX–1034. metal frame; subject to sewer pipeline California Washington easement; needs rehab; most recent use— Camp Kohler Annex fire house. Olympia Federal Building McClellan AFB GSA Number: 7–D–TX–879A. 801 Capitol Way Sacramento Co: Sacramento CA 95652–5000 Bldg. 10 Olympia Co: Thurston WA Landholding Agency: Air Force Saginaw Army Aircraft Plant Landholding Agency: GSA Property Number: 189010045 Saginaw Co: Tarrant TX 76070– Property Number: 549420002 Status: Unutilized Landholding Agency: GSA Status: Excess Comment: 35.30 acres + .11 acres easement, Property Number: 219014830 Comment: 13,800 sq. ft., 3-story/basement, on 30 + acres undeveloped; potential utilities; Status: Excess Natl Hist. Reg., pres. of lead based paint, secured area; alternate access. Comment: 354 sq. ft.; 1 story concrete block city seismic code prohibits residential use, Norton Com. Facility Annex and brick, subject to sewer pipeline does not meet Federal standards for Norton AFB easement; needs rehab. seismic tests. Sixth and Central Streets GSA Number: 7–D–TX–879A. GSA Number: G–WA–1040. Highland Co: San Bernadino CA 92409–5045 Bldg. 26 West Virginia Landholding Agency: Air Force Saginaw Army Aircraft Plant Point Pleasant Depot Property Number: 189010194 Status: Excess Saginaw Co: Tarrant TX 76070– State Route 35 Comment: 30.3 acres; most recent use— Landholding Agency: GSA Point Pleasant Co: Mason MV recreational area; portion subject to Property Number: 219014831 Landholding Agency: GSA easements. Status: Excess GSA Number: 549430013 Comment: 3518 sq. ft.; 1 story wood and Status: Excess Receiver Site metal frame; subject to sewer pipeline Comment: 2400 sq. ft. masonry storage bldg., Dixon Relay Station easement; needs rehab. 936 sq. ft. garage, on 275 acres of land. 7514 Radio Station Road GSA Number: 7–D–TX–879A. GSA Number: WV0015PP. Dixon CA 95620–9653 Bldg. 21 Location: Approximately .16 miles southeast Saginaw Army Aircraft Plant Wisconsin of Dixon, CA. Saginaw Co: Tarrant TX 76070– Former Lockmaster’s Dwelling Landholding Agency: GSA Landholding Agency: GSA DePere Lock Property Number: 549010042 Property Number: 219014832 100 James Street Status: Surplus Status: Excess De Pere Co: Brown WI 54115– Comment: 80 acres, 1560 sq. ft. radio receiver Comment: 65 sq. ft.; wood and metal frame; Landholding Agency: COE bldg. on site, subject to grazing lease, subject to sewer pipeline easement; needs GSA Number: 319011526 limited utilities. rehab; most recent use—guard house. Status: Unutilized GSA Number: 9–2–CA–1162–A. GSA Number: 7–D–TX–879A. Comment: 1224 sq. ft.; 2 story brick/wood Receiver Site Bldg. 22 frame residence; needs rehab; secured area Delano Relay Station Saginaw Army Aircraft Plant with alternate access. Route 1, Box 1350 Saginaw Co: Tarrant TX 76070– Land (by State) Delano Co: Tulare CA 93215– Landholding Agency: GSA Location: 5 miles west of Pixley, 17 miles Property Number: 219014833 Arizona north of Delano. Status: Excess Land—640 acres Landholding Agency: GSA Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9363 Property Number: 549010044 Property Number: 319310003 Landholding Agency: GSA Status: Excess Status: Unutilized Property Number: 219013808 Comment: 81 acres, 1560 sq. ft. radio receiver Comment: 0.30 acre, potential utilities. Status: Surplus bldg. on site, subject to grazing lease, Portion of Tract No. 1207 Comment: 8.77 acres; subject to grazing lease; potential utilities, environmental Salamonie Lake, SR 9 most recent use—recreation. restrictions. Huntington Co: Huntington IN 46750– GSA Number: 7–D–OK–0442E–0004. GSA Number: 9–2–CA–1308. Landholding Agency: COE Parcel No. 7 Receiver Site Property Number: 319310004 Kaw Lake Delano Relay Station Status: Unutilized Section 27 Co: Kay OK Route 1, Box 1350 Comment: 0.28 acre, potential utilities. Landholding Agency: COE Delano Co: Tulare CA 93215– Portion of Tract No. 116 Property Number: 319010842 Location: 5 miles west of Pixley, 17 miles Huntington Lake Status: Excess north of Delano. Huntington Co: Huntington IN 46750– Comment: 21 acres; potential utilities; most Landholding Agency: GSA Landholding Agency: COE recent use—recreation. Property Number: 549010044 Property Number: 319320001 Parcel 14 Status: Surplus Status: Excess Fort Gibson Lake Comment: 81 acres, 1560 sq. ft. radio receiver Comment: 3.41 acres with road easement. Section 20 Co: Cherokee OK 74434 bldg. on site, subject to grazing lease, Landholding Agency: GSA potential utilities, environmental Kansas # # Property Number: 319010870 restrictions. Parcels 2 and 3 Status: Surplus GSA Number: 9–2–GA–1380. Fall River Lake Comment: 52.09 acres; potential utilities; Dixon Relay Station Section 25 and 26 Co: Greenwood KS subject to haying/grazing leases; most Landholding Agency: COE 7514 Radio Road recent use—recreational. Property Number: 319010066 Dixon Co: Solano CA 95620–9653 GSA Number: 7–D–OK–0442E–0002. Landholding Agency: GSA Status: Excess Comment: 64.24 acres; most recent use— Parcel 28 Property Number: 549320002 Fort Gibson Lake Status: Surplus recreation. GSA Number: 7–D–KS–0513. Section 35 Co: Mayes OK 74434 Comment: 787.53 acres, with 7 bldgs. most Landholding Agency: GSA recent use —transmitter site. Kentucky Property Number: 319010877 GSA Number: 9–Z–CA–1162B. Car Fork Lake Status: Surplus Folsom South Canal 5 miles SE of Hindman, Ky., Hwy. 60 Comment: 36.59 acres; potential utilities; SW corner of Whiterock Rd. & Folsom S Hinkman Co: Knott KY most recent use—recreational. Canal Landholding Agency: COE GSA Number: 7–D–OK–0442E–0005. Rancho Cordova Co: Sacramento CA 95670– Property Number: 319240003 Parcel 75 Landholding Agency: Interior Status: Unutilized Fort Gibson Lake Property Number: 619310002 Comment: 2.81 acres, most recent use— Section 16 Co: Mayes OK 74434 Status: Excess drainage area for bank stabilization for Landholding Agency: GSA Comment: 1.52 acres; perpetual easement adjacent cemetery. Property Number: 319010887 over .25 acre, surrounding land use is Montana Status: Surplus commercial. Makoshika Radio Site Comment: 45 acres; potential utilities; subject Georgia Glendive Co: Dawson MT 59330– to haying lease and flowage easement; most Portion of Tract I–801 Landholding Agency: GSA recent use—recreational. Lake Allatoona, Yacht Club Road Property Number: 549420004 GSA Number: 7–D–OK–0442E–0009. Acworth Co: Cherokee GA 30102— Status: Excess Parcel No. 43 Landholding Agency: GSA Comment: 4.13 acres, limited utilities, most Fort Gibson Lake Property Number: 549340009 recent use—communication site. Section 11 Co: Mayes OK 74434 Status: Excess GSA Number: 7–B–MT–599. Landholding Agency: GSA Comment: 7.02 acres, no sewer or public New Mexico Property Number: 319011371 water system, most recent use—timber Status: Surplus Western Perimeter Tract growth. Comment: 125 acres; potential utilities; Los Alamos Co: Los Alamos NM GSA Number: 4–D–GA–826. portion subject to grazing lease and Landholding Agency: GSA Idaho flowage easements. Property Number: 549310010 GSA Number: 7–D–OK–0442E–0006. Portion Status: Surplus Parcel No. 49 Former Farragut Naval Training Center Comment: 194 acres, potential utilities, open Fort Gibson Lake Athol Co: Kootenai ID 83801– area, no roadways through property. Section 15 Co: Mayes OK 74434 Landholding Agency: GSA GSA Numbers: 7–B–NM–504–G, 7–GR(1)– Landholding Agency: GSA Property Number: 549230004 NM–504–L. Property Number: 319011377 Status: Excess Ohio Status: Surplus Comment: 48.42 acres, former railroad right- Portion, Camp Sherman Range Comment: 26.94 acres; potential utilities; of-way. Approximately 1 mile north of Chillicothe portion subject to grazing lease and GSA Number: 9–GR(2) –ID–421C. Springfield Co: Ross OH flowage easements. Indiana Landholding Agency: GSA GSA Number: 7–D–OK–0442E–0007. Portion of Tract 1219 Property Number: 549310004 Parcel No. 61 Salamonie Lake, SR 9 Status: Excess Fort Gibson Lake Huntington Co: Huntington IN 46750– Comment: 4.674 acres, potential utilities, Section 13 Co: Mayes OK 74434 Landholding Agency: COE previously leased by non-profit for Landholding Agency: GSA Property Number: 319310002 homeless assistance use. Property Number: 319011389 Status: Unutilized GSA Number: 2–GH–OH–433B. Status: Surplus Comment: 0.88 acre, potential utilities. Oklahoma Comment: 54 acres; potential utilities; subject Portion of Tract No. 1220 Parcel No. 18 to flowage easement; most recent use— Salamonie Lake, SR 9 Fort Gibson Lake recreation. Huntington Co: Huntington IN 46750– Section 12 GSA Number: 7–D–OK–0442E–0008. Landholding Agency: COE Wagoner Co. Co: Wagoner OK Parcel No. 99 9364 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Fort Gibson Lake Comment: 1.46 acres; most recent use— Landholding Agency: Air Force Section 21 Co: Wagoner OK 74434 highway equipment storage; potential for Property Number: 189120005 Landholding Agency: GSA city utility services; land slopes. Status: Unutilized Property Number: 319011400 GSA Number: 9–GR(1)–WA–543. Comment: 2750 Sq. ft., one story family Status: Surplus Sandpoint Control Tower housing, easement restrictions, potential Comment: 5 acres; small creek on land; most Near 7600 Sandpoint Way, NE utilities, off-site removal only. recent use—recreation. Seattle Co: King WA 98115– Bldg. 305 GSA Number: 7–D–OK–0442E–0013. Landholding Agency: GSA Nellis Air Force Base 45 acre parcel, Sardis Lake Property Number: 549440003 Indian Springs AF Aux. Field SE1⁄4 NE1⁄4 Section 4, T 2 N, R 18 E Co: Status: Excess Indian Spring Co: Clark NV 89018– Pushmataha OK 74521– Comment: 11.3 acres, w/deteriorated bldg. Landholding Agency: Air Force Landholding Agency: COE and parking lot. Property Number: 189120006 Property Number: 319140004 GSA Number: 9–C–WA–1069. Status: Unutilized Status: Excess Suitable/To Be Excessed Comment: 2750 Sq. ft., one story family Comment: approx. 45 acres, most recent housing, easement restrictions, potential use—fish and wildlife conservation. Buildings (by State) utilities, off-site removal only. Pennsylvania Michigan Bldg. 306 East Branch Clarion River Lake Former C. G. Lightkeeper Sta. Nellis Air Force Base Wilcox Co: Elk PA Little Rapids Channel Project Indian Springs AF Aux. Field Location: Free camping area on the right St. Marys River Indian Spring Co: Clark NV 89018– bank off entrance roadway. Sault Ste. Marie Co: Chippewa MI 49783– Landholding Agency: Air Force Landholding Agency: COE Location: 3 miles east of downtown Sault Ste. Property Number: 189120007 Property Number: 319011012 Marie. Status: Unutilized Status: Underutilized Landholding Agency: COE Comment: 2750 Sq. ft., one story family Comment: 1 acre; most recent use—free Property Number: 319011573 housing, easement restrictions, potential campground. Status: Excess utilities, off-site removal only. Comment: 1411 sq. ft.; 2 story, wood frame Bldg. 307 Puerto Rico on .62 acres; needs rehab; secured area with alternate access. Nellis Air Force Base Parcel C Indian Springs AF Aux. Field Naval Station, Roosevelt Roads Nevada Indian Spring Co: Clark NV 89018– Vieques PR 00765– Bldg. 300 Landholding Agency: Air Force Landholding Agency: GSA Nellis Air Force Base Property Number: 189120008 Property Number: 549340004 Indian Springs AF Aux. Field Status: Unutilized Status: Excess Indian Spring Co: Clark NV 89018– Comment: 2170 Sq. ft., one story family Comment: 96.41 acres; subject to water/sewer Landholding Agency: Air Force housing, easement restrictions, potential easement, access restrictions, most recent Property Number: 189120001 utilities, off-site removal only. use—buffer zone. Status: Unutilized Bldg. 308 GSA Number: 7–N–PR–486. Comment: 1573 Sq. ft., one story family Nellis Air Force Base housing, easement restrictions, potential Texas Indian Springs AF Aux. Field utilities, off-site removal only. Part of Tract 340 Indian Spring Co: Clark NV 89018– Joe Pool Lake Co: Dallas TX Bldg. 301 Landholding Agency: Air Force Landholding Agency: COE Nellis Air Force Base Property Number: 189120009 Indian Springs AF Aux. Field Property Number: 319010400 Status: Unutilized Indian Spring Co: Clark NV 89018– Status: Unutilized Comment: 2170 Sq. ft., one story family Landholding Agency: Air Force Comment: 1 acre; future use—recreation. housing, easement restrictions, potential Property Number: 189120002 utilities, off-site removal only. Virginia Status: Unutilized Bldg. 309 Rutherford Coleman Estate Comment: 1573 Sq. ft., one story family Nellis Air Force Base Goodwin Farm housing, easement restrictions, potential Indian Springs AF Aux. Field Norwood Co: Nelson VA 24581– utilities, off-site removal only. Indian Spring Co: Clark NV 89018– Landholding Agency: GSA Bldg. 302 Landholding Agency: Air Force Property Number: 549410002 Nellis Air Force Base Property Number: 189120010 Status: Excess Indian Springs AF Aux. Field Status: Unutilized Comment: 468.25 acres, most recent use— Indian Spring Co: Clark NV 89018– Comment: 2170 Sq. ft., one story family timber cutting, some areas environmentally Landholding Agency: Air Force housing, easement restrictions, potential protected. Property Number: 189120003 utilities, off-site removal only. GSA Number: 4–G–VA–691. Status: Unutilized Comment: 1573 Sq. ft., one story family Bldg. 310 Washington housing, easement restrictions, potential Nellis Air Force Base Portion of Tract 905 utilities, off-site removal only. Indian Springs AF Aux. Field Lower Monumental Lock & Dam Bldg. 303 Indian Spring Co: Clark NV 89018– 1⁄2 mi SE of Lyons Ferry Marina Co: Whitman Nellis Air Force Base Landholding Agency: Air Force WA Indian Springs AF Aux. Field Property Number: 189120011 Landholding Agency: COE Indian Spring Co: Clark NV 89018– Status: Unutilized Property Number: 319320005 Landholding Agency: Air Force Comment: 2170 Sq. ft., one story family Status: Excess Property Number: 189120004 housing, easement restrictions, potential Comment: 3.788 acres with encroaching Status: Unutilized utilities, off-site removal only. private well. Comment: 2750 Sq. ft., one story family Bldg. 311 Former Stadium Homes site housing, easement restrictions, potential Nellis Air Force Base 1701 28th Avenue, South utilities, off-site removal only. Indian Springs AF Aux. Field Seattle Co: King WA 98144— Bldg. 304 Indian Spring Co: Clark NV 89018– Landholding Agency: GSA Nellis Air Force Base Landholding Agency: Air Force Property Number: 549410005 Indian Springs AF Aux. Field Property Number: 189120012 Status: Excess Indian Spring Co: Clark NV 89018– Status: Unutilized Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9365 Comment: 2424 Sq. ft., one story family Nellis Air Force Base Status: Unutilized housing, easement restrictions, potential Indian Springs AF Aux. Field Comment: 2424 Sq. ft., one story family utilities, off-site removal only. Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Bldg. 312 Landholding Agency: Air Force utilities, off–site removal only. Nellis Air Force Base Property Number: 189120020 Bldg. 331 Indian Springs AF Aux. Field Status: Unutilized Nellis Air Force Base Indian Spring Co: Clark NV 89018– Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Landholding Agency: Air Force housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Property Number: 189120013 utilities, off–site removal only. Landholding Agency: Air Force Status: Unutilized Bldg. 320 Property Number: 189120028 Comment: 2424 Sq. ft., one story family Nellis Air Force Base Status: Unutilized housing, easement restrictions, potential Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family utilities, off-site removal only. Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off–site removal only. Bldg. 313 Landholding Agency: Air Force Nellis Air Force Base Property Number: 189120021 Bldg. 332 Indian Springs AF Aux. Field Status: Unutilized Nellis Air Force Base Indian Spring Co: Clark NV 89018– Comment: 2170 Sq. ft., one story family Indian Springs AF Aux. Field Landholding Agency: Air Force housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Property Number: 189120014 utilities, off–site removal only. Landholding Agency: Air Force Status: Unutilized Bldg. 321 Property Number: 189120029 Comment: 2424 Sq. ft., one story family Nellis Air Force Base Status: Unutilized housing, easement restrictions, potential Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family utilities, off-site removal only. Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Landholding Agency: Air Force utilities, off–site removal only. Bldg. 314 Property Number: 189120022 Nellis Air Force Base Bldg. 333 Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 2170 Sq. ft., one story family Indian Springs AF Aux. Field Indian Spring Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off–site removal only. Landholding Agency: Air Force Property Number: 189120015 Property Number: 189120030 Status: Unutilized Bldg. 322 Status: Unutilized Comment: 2424 Sq. ft., one story family Nellis Air Force Base Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs AF Aux. Field housing, easement restrictions, potential utilities, off-site removal only. Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off–site removal only. Bldg. 315 Property Number: 189120023 Bldg. 334 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 2170 Sq. ft., one story family Indian Springs AF Aux. Field Indian Spring Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off–site removal only. Landholding Agency: Air Force Property Number: 189120016 Property Number: 189120031 Status: Unutilized Bldg. 323 Nellis Air Force Base Status: Unutilized Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off-site removal only. Landholding Agency: Air Force utilities, off–site removal only. Bldg. 316 Property Number: 189120024 Bldg. 335 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 1233 Sq. ft., one story family Indian Springs AF Aux. Field Indian Spring Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off–site removal only. Landholding Agency: Air Force Property Number: 189120017 Bldg. 324 Property Number: 189120032 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off-site removal only. Landholding Agency: Air Force utilities, off–site removal only. Bldg. 317 Property Number: 189120025 Bldg. 336 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Indian Spring Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off–site removal only. Landholding Agency: Air Force Property Number: 189120018 Bldg. 325 Property Number: 189120033 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off-site removal only. Landholding Agency: Air Force utilities, off–site removal only. Bldg. 318 Property Number: 189120026 Bldg. 337 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Indian Spring Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off–site removal only. Landholding Agency: Air Force Property Number: 189120019 Bldg. 326 Property Number: 189120034 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 2170 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off-site removal only. Landholding Agency: Air Force utilities, off–site removal only. Bldg. 319 Property Number: 189120027 Bldg. 338 9366 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Nellis Air Force Base Status: Unutilized Bldg. 404 Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family Nellis Air Force Base Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs AF Aux. Field Landholding Agency: Air Force utilities, off-site removal only. Indian Springs Co: Clark NV 89018– Property Number: 189120035 Bldg. 349 Landholding Agency: Air Force Status: Unutilized Nellis Air Force Base Property Number: 189120050 Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Status: Unutilized housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Comment: 2376 Sq. ft., one story, most recent utilities, off–site removal only. Landholding Agency: Air Force use-religious education facility, easement Bldg. 339 Property Number: 189120043 restrictions, potential utilities, off-site Nellis Air Force Base Status: Unutilized removal only. Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family Bldg. 406 Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Nellis Air Force Base Landholding Agency: Air Force utilities, off-site removal only. Indian Springs AF Aux. Field Property Number: 189120036 Bldg. 350 Indian Springs Co: Clark NV 89018– Status: Unutilized Nellis Air Force Base Landholding Agency: Air Force Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Property Number: 189120051 housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Status: Unutilized utilities, off–site removal only. Landholding Agency: Air Force Comment: 2605 Sq. ft., one story, most recent Bldg. 340 Property Number: 189120044 use-child care facility, easement Nellis Air Force Base Status: Unutilized restrictions, potential utilities, off-site Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family removal only. Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Bldg. 3027 Landholding Agency: Air Force utilities, off-site removal only. Nellis Air Force Base Property Number: 189120037 Bldg. 351 Indian Springs AF Aux. Field Status: Unutilized Nellis Air Force Base Indian Springs Co: Clark NV 89018– Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Landholding Agency: Air Force housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Property Number: 189120052 utilities, off–site removal only. Landholding Agency: Air Force Status: Unutilized Bldg. 341 Property Number: 189120045 Comment: 120 Sq. ft., one story, most recent Nellis Air Force Base Status: Unutilized use-storage, easement restrictions, Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family potential utilities, off-site removal only. Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Bldg. 3028 Landholding Agency: Air Force utilities, off-site removal only. Nellis Air Force Base Property Number: 189120038 Bldg. 352 Indian Springs AF Aux. Field Status: Unutilized Nellis Air Force Base Indian Springs Co: Clark NV 89018– Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Landholding Agency: Air Force housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Property Number: 189120053 utilities, off–site removal only. Landholding Agency: Air Force Status: Unutilized Bldg. 343 Property Number: 189120046 Comment: 60 Sq. ft., one story, most recent Nellis Air Force Base Status: Unutilized use-storage, easement restrictions, Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family potential utilities, off-site removal only. Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Bldg. 3029 Landholding Agency: Air Force utilities, off-site removal only. Nellis Air Force Base Property Number: 189120039 Bldg. 353 Indian Springs AF Aux. Field Status: Unutilized Nellis Air Force Base Indian Springs Co: Clark NV 89018– Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Landholding Agency: Air Force housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Property Number: 189120054 utilities, off–site removal only. Landholding Agency: Air Force Status: Unutilized Bldg. 345 Property Number: 189120047 Comment: 120 Sq. ft., one story, most recent Nellis Air Force Base Status: Unutilized use-storage, easement restrictions, Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family potential utilities, off-site removal only. Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Bldg. 3030 Landholding Agency: Air Force utilities, off-site removal only. Nellis Air Force Base Property Number: 189120040 Bldg. 400 Indian Springs AF Aux. Field Status: Unutilized Nellis Air Force Base Indian Springs Co: Clark NV 89018– Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Landholding Agency: Air Force housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Property Number: 189120055 utilities, off-site removal only. Landholding Agency: Air Force Status: Unutilized Bldg. 346 Property Number: 189120048 Comment: 120 Sq. ft., one story, most recent Nellis Air Force Base Status: Unutilized use-storage, easement restrictions, Indian Springs AF Aux. Field Comment: 2464 Sq. ft., one story, most recent potential utilities, off-site removal only. Indian Springs Co: Clark NV 89018– use—maintenance shop, easement Bldg. 3031 Landholding Agency: Air Force restrictions, potential utilities, off-site Nellis Air Force Base Property Number: 189120041 removal only. Indian Springs AF Aux. Field Status: Unutilized Bldg. 402 Indian Springs Co: Clark NV 89018– Comment: 1170 Sq. ft., one story family Nellis Air Force Base Landholding Agency: Air Force housing, easement restrictions, potential Indian Springs AF Aux. Field Property Number: 189120056 utilities, off-site removal only. Indian Springs Co: Clark NV 89018– Status: Unutilized Bldg. 348 Landholding Agency: Air Force Comment: 120 Sq. ft., one story, most recent Nellis Air Force Base Property Number: 189120049 use-storage, easement restrictions, Indian Springs AF Aux. Field Status: Unutilized potential utilities, off-site removal only. Indian Springs Co: Clark NV 89018– Comment: 2570 Sq. ft., one story, most recent Bldg. 3032 Landholding Agency: Air Force use—Chapel, easement restrictions, Nellis Air Force Base Property Number: 189120042 potential utilities, off-site removal only. Indian Springs AF Aux. Field Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9367 Indian Springs Co: Clark NV 89018– Comment: 120 Sq. ft., one story, most recent Landholding Agency: COE Landholding Agency: Air Force use-storage, easement restrictions, Property Number: 319011689 Property Number: 189120057 potential utilities, off-site removal only. Status: Excess Status: Unutilized Bldg. 3040 Comment: 2.68 acres; narrow triangular Comment: 120 Sq. ft., one story, most recent Nellis Air Force Base shaped area of land. use-storage, easement restrictions, Indian Springs AF Aux. Field Brookville Lake—Land potential utilities, off-site removal only. Indian Springs Co: Clark NV 89018– Liberty Co: Union In 47353– Bldg. 3033 Landholding Agency: Air Force Landholding Agency: COE Nellis Air Force Base Property Number: 189120065 Property Number: 319440009 Indian Springs AF Aux. Field Status: Unutilized Status: Unutilized Indian Springs Co: Clark NV 89018– Comment: 120 Sq. ft., one story, most recent Comment: 6.19 acres, limited utilities. Landholding Agency: Air Force use-storage, easement restrictions, Kansas potential utilities, off-site removal only. Property Number: 189120058 Parcel #1 Status: Unutilized Washington Fall River Lake Comment: 120 Sq. ft., one story, most recent Section 26 Co: Greenwood KS use-storage, easement restrictions, Quarters No. 1204 604 S. Maple Landholding Agency: COE potential utilities, off-site removal only. Warden Co: Grant WA 98857– Property Number: 319010065 Bldg. 3034 Landholding Agency: Interior Status: Unutilized Nellis Air Force Base Property Number: 619330001 Comment: 155 acres; most recent use— Indian Springs AF Aux. Field Status: Excess recreation and leased cottage sites. Indian Springs Co: Clark NV 89018– Comment: 850 sq. ft., one story frame Parcel No. 2, El Dorado Lake Landholding Agency: Air Force residence, asbestos siding. Approx. 1 mi east of the town of El Dorado Property Number: 189120059 Quarters No. 1208 Co: Butler KS Status: Unutilized 608 S. Maple Landholding Agency: COE Comment: 120 Sq. ft., one story, most recent Warden Co: Grant WA 98857– Property Number: 319210005 use-storage, easement restrictions, Landholding Agency: Interior Status: Unutilized potential utilities, off-site removal only. Property Number: 619330002 Comment: 11 acres, part of a relocated Bldg. 3035 Status: Excess railroad bed, rural area. Nellis Air Force Base Comment: 709 sq. ft., one story frame Massachusetts Indian Springs AF Aux. Field residence, asbestos siding. Buffumville Dam Indian Springs Co: Clark NV 89018– Quarters No. 1301 Landholding Agency: Air Force Flood Control Project 3 SE and N Warden Road Gale Road Property Number: 189120060 Warden Co: Grant WA 98857– Carlton Co: Worcester MA 01540–0155 Status: Unutilized Landholding Agency: Interior Location: Portion of tracts B–200, B–248, B– Comment: 120 Sq. ft., one story, most recent Property Number: 619330003 251, B–204, B–247, B–200 and B–256 use-storage, easement restrictions, Status: Excess Landholding Agency: COE potential utilities, off-site removal only. Comment: 709 sq. ft., one story frame Property Number: 319010016 Bldg. 3036 residence, asbestos siding. Status: Excess Nellis Air Force Base Comment: 1.45 acres. Indian Springs AF Aux. Field Land (by State) Hodges Village Indian Springs Co: Clark NV 89018– Florida Dam Flood Control Project Landholding Agency: Air Force Springfield Annex (VZTD) Old Howarth Road Property Number: 189120061 Tyndall Air Force Base Oxford Co: Worcester MA 01540–0500 Status: Unutilized Springfield Co: Bay FL Location: Portion of Tract A–108, See Project Comment: 120 Sq. ft., one story, most recent Landholding Agency: Air Force Manager at Hodges Village Dam, Oxford, use-storage, easement restrictions, Property Number: 189240053 MA (508) 987–2600. potential utilities, off-site removal only. Status: Unutilized Landholding Agency: GSA Bldg. 3037 Comment: 7.55 acres; improved w/parking Property Number: 319011006 Nellis Air Force Base lot, 2 loading ramps and railroad tracks. Status: Excess Indian Springs AF Aux. Field Georgia Comment: 3.22 Indian Springs Co: Clark NV 89018– GSA Number: 2–D–MA–0821. Lake Sidney Lanier Co: Forsyth GA 30130– Landholding Agency: Air Force Minnesota Property Number: 189120062 Location: Located on Two Mile Creek adj. to # Status: Unutilized State Route 369 Tract 3 Comment: 120 Sq. ft., one story, most recent Landholding Agency: COE Lac Qui Parle Flood Control Project use-storage, easement restrictions, Property Number: 319440010 County Rd. 13 potential utilities, off-site removal only. Status: Unutilized Watson Co: Lac Qui Parle MN 56295– Comment: 0.25 acres, endangered plant Landholding Agency: COE Bldg. 3038 species. Property Number: 319340006 Nellis Air Force Base Status: Unutilized Indian Springs AF Aux. Field Lake Sidney Lanier-3 parcels Comment: Approximately 2.9 acres, fallow Indian Springs Co: Clark NV 89018– Gainesville Co: Hall GA 30503– Location: Between Gainesville H.S. and State land. Landholding Agency: Air Force # Property Number: 189120063 Route 53 By-Pass Tract 34 Status: Unutilized Landholding Agency: COE Lac Qui Parle Flood Control Project Comment: 120 Sq. ft., one story, most recent Property Number: 319440011 Marsh Lake use-storage, easement restrictions, Status: Unutilized Watson Co: Lac Aui Parle MN 56295– potential utilities, off-site removal only. Comment: 3 parcels totalling 5.17 acres, most Landholding Agency: COE recent use—buffer zone, endangered plant Property Number: 319340007 Bldg. 3039 species. Status: Unutilized Nellis Air Force Base Comment: Approx. 8 acres, fallow land. Indian Springs AF Aux. Field Indiana Indian Springs Co: Clark NV 89018– Cecil M. Harden Lake Project Ohio Landholding Agency: Air Force Rockville Co: Parke IN 47872– Middleport Public Access Site Property Number: 189120064 Location: Route 57 at intersection w/county Robert C. Byrd Locks & Dam Status: Unutilized road 910E. Middleport Co: Meigs OH 45760– 9368 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Landholding Agency: COE Corpus Christi Co: Neuces TX Status: Unutilized Property Number: 319230001 Location: East side of Carbon Plant Road, Reason: Secured Area. Status: Underutilized approx. 14 miles NW of downtown Corpus Bldg. 861 Comment: Approximately 17.23 acres Christi Gunter AFB including parking lot, flowage easement, Landholding Agency: COE South Drive right-of-way for city street and utilities. Property Number: 319240001 Montgomery Co: Montgomery AL 36114– GSA Number: 2–D–OH–793. Status: Unutilized Landholding Agency: Air Force Pennsylvania Comment: 4.4 acres, most recent use—farm Property Number: 189010012 land. Dashields Locks and Dam (Glenwillard, PA) Status: Unutilized Crescent Twp. Co: Allegheny PA 15046–0475 Wisconsin Reason: Secured Area. Landholding Agency: COE Kewaunee Eng. Depot Bldg. 1011 Property Number: 319210009 East Storage Yard Gunter AFB Status: Unutilized Kewaunee Co: Kewaunee WI 54216– Avenue ‘‘A’’ Comment: 0.58 acre, most recent use— Landholding Agency: COE Montgomery Co: Montgomery AL 36114– baseball field. Property Number: 319440013 Landholding Agency: Air Force Tracts 1373 and 1374 Status: Excess Property Number: 189010013 Tioga-Hammond Lakes Project Comment: 0.87 acres, limited utilities, Status: Unutilized Mansfield Co: Tioga PA 16933– secured area w/alternate access. Reason: Secured Area. Bldg 1022 Landholding Agency: COE Unsuitable Properties Property Number: 319440012 Gunter AFB Status: Excess Buildings (by State) Montgomery Co: Montgomery AL 36114– Comment: 0.74 acre in residential area, Landholding Agency: Air Force Location: Adjacent to Avenues ‘‘A‘‘ and ‘‘C’’ possible easement restrictions. Property Number: 189140024 Landholding Agency: Air Force Property Number: 189010015 Tennessee Status: Unutilized Reason: Secured Area. Status: Underutilized Tract D–456 Reason: Secured Area. Landholding Agency: Air Force Cheatham Lock and Dam Bldg 1042 Ashland Co: Cheatham TN 37015– Property Number: 189140026 Status: Unutilized Gunter AFB Location: Right downstream bank of Montgomery Co: Montgomery AL 36114– Sycamore Creek. Reason: Within airport runway clear zone; Secured Area. Location: Between Avenues ‘‘A‘‘ and ‘‘C’’ Landholding Agency: COE Landholding Agency: Air Force Property Number: 319010942 Landholding Agency: Air Force Property Number: 189010016 Status: Excess Property Number: 189140027 Status: Underutilized Comment: 8.93 acres; subject to existing Status: Unutilized Reason: Secured area. easements. Reason: Secured Area. Bldg 1052 Texas Alabama Gunter AFB Tract J–957 Bldg. 913 Montgomery Co: Montgomery AL 36114– Whitney Lake Maxwell AFB Location: Between Avenues A and C Bosque Co: Bosque TX Avenue ‘‘C’’ Landholding Agency: Air Force Location: Via Avenue B within the Montgomery Co: Montgomery AL 36112– Property Number: 189010019 community of Kopperl. Landholding Agency: Air Force Status: Underutilized Landholding Agency: COE Property Number: 189101002 Reason: Secured Area. Property Number: 319110029 Status: Unutilized Bldg 1060 Status: Unutilized Reason: Secured Area. Gunter AFB Comment: 1.368 acres; potential utilities; Bldg. 927 4th Street at Avenue C encroachments on large portion of Maxwell AFB Montgomery Co: Montgomery AL 36114– property. Montgomery Co: Montgomery AL 36112– Landholding Agency: Air Force Tract J–936 Location: Off Avenue ‘‘C’’ Property Number: 189010020 Whitney Lake Landholding Agency: Air Force Status: Unutilized Bosque Co: Bosque TX Property Number: 189010003 Reason: Secured Area. Location: Off F. M. Highway 56 within the Status: Unutilized Bldg 1061 community of Kopperl. Reason: Secured Area. Gunter AFB Landholding Agency: COE Bldg. 935 Avenue C Property Number: 319110032 Maxwell AFB Montgomery Co: Montgomery AL 36114– Status: Unutilized Montgomery Co: Montgomery AL 36112– Landholding Agency: Air Force Comment: 5.661 acres; potential utilities. Location: Off Selfridge Street Property Number: 189010022 Tract F–516 O.C. Fisher Lake Landholding Agency: Air Force Status: Unutilized Parallel with Grape Creek Road Property Number: 189010004 Reason: Secured Area. San Angelo Co: Tom Green TX 76902–3085 Status: Unutilized Bldg 1435 Landholding Agency: COE Reason: Secured Area. Maxwell Air Force Base Property Number: 319120002 Bldg. 936 Mimosa Road Status: Unutilized Maxwell AFB Montgomery Co: Montgomery AL 36112– Comment: 2.13 acres, potential limited Selfridge Street Landholding Agency: Air Force utilities. Montgomery Co: Montgomery AL 36112– Property Number: 189030220 GSA Number: 7–D–TX–0968–A. Landholding Agency: Air Force Status: Unutilized Part of Tract 102 Segment 1 Property Number: 189010005 Reason: Floodway; Secured Area. Bardwell Dam Road Status: Unutilized Bldg 1436 Ennis Co: Ellis TX 75119– Reason: Secured Area. Maxwell Air Force Base Landholding Agency: COE Bldg. 809 Mimosa Road Property Number: 319140014 Gunter AFB Montgomery Co: Montgomery AL 36112– Status: Unutilized Montgomery Co: Montgomery AL 36114– Landholding Agency: Air Force Comment: Approx. 6.38 acres. Location: Off Renfroe Street Property Number: 189030221 GSA Number: 7–D–TX–738–D. Landholding Agency: Air Force Status: Unutilized Corpus Christi Ship Channel Property Number: 189010011 Reason: Floodway; Secured Area. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9369 Bldg 1440 Base Personnel Office 97 Selfridge & Maxwell Blvd. Maxwell Air Force Base Maxwell AFB Maxwell Air Force Base Mimosa Road 853 Second Street Montgomery Co: Montgomery AL 36112— Montgomery Co: Montgomery AL 36112– Montgomery Co: Montgomery AL 36112– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189130374 Property Number: 189030222 Property Number: 189120232 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Secured Area. Reason: Floodway; Secured Area. Reason: Secured Area. Bldg. 78, Maintenance Shop Bldg 1441 Bldg. 932 78 Selfridge & Maxwell Blvd. Maxwell Air Force Base 932 3rd St. & Ave. D, West Maxwell Air Force Base Mimosa Road Montgomery Co: Montgomery AL 36112– Montgomery Co: Montgomery AL 36112— Montgomery Co: Montgomery AL 36112– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189130335 Property Number: 189130375 Property Number: 189030223 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Secured Area. Reason: Secured Area. Reason: Floodway Secured Area. Bldg. 8 Bldg. 79, Warehouse Bldg 830 8 Maxwell Blvd., East 79 Selfridge & Maxwell Blvd. Gunter Air Force Base Montgomery Co: Montgomery AL 36112– Maxwell Air Force Base Ramp Road Landholding Agency: Air Force Montgomery Co: Montgomery AL 36112— Montgomery Co: Montgomery AL 36114– Property Number: 189130336 Landholding Agency: Air Force 5000 Status: Unutilized Property Number: 189130376 Landholding Agency: Air Force Reason: Secured Area. Status: Unutilized Property Number: 189040853 Bldg 712 Reason: Secured Area. Status: Underutilized Avenue ‘‘E’’ Bldg. 82, Storage CV Facility Reason: Secured Area. Gunter Air Force Base 82 Selfridge & Maxwell Blvd. Bldg 421 Montgomery Co: Montgomery AL 36114– Maxwell Air Force Base Gunter Air Force Base 5000 Montgomery Co: Montgomery AL 36112— Avenue D Landholding Agency: Air Force Landholding Agency: Air Force Montgomery Co: Montgomery AL 36114– Property Number: 189130349 Property Number: 189130377 5000 Status: Unutilized Status: Unutilized Landholding Agency: Air Force Reason: Secured Area. Reason: Secured Area. Property Number: 189040854 Bldg 1004 Bldg. 83, Storage CV Facility Status: Underutilized Reserves Forces Training Facility 83 Selfridge & Maxwell Blvd. Reason: Secured Area. Maxwell Air Force Base Maxwell Air Force Base Bldg 426 Montgomery Co: Montgomery AL 36112– Montgomery Co: Montgomery AL 36112— Gunter Air Force Base Location: 1004 Maxwell Blvd. & Kelly Street Landholding Agency: Air Force Montgomery Co: Montgomery AL 36114– Landholding Agency: Air Force Property Number: 189130378 5000 Property Number: 189130369 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area. Property Number: 189040855 Reason: Secured Area; Within airport runway Bldg. 88, Maintenance Shop Status: Underutilized clear zone. 88 Selfridge & Maxwell Blvd. Reason: Secured Area. Bldg 1006, Reproduction Plant Maxwell Air Force Base Petrol OPS Bldg. 1006 Kelly Street Montgomery Co: Montgomery AL 36112— Maxwell Air Force Base Maxwell AIr Force Base Landholding Agency: Air Force 1101 Chanute Street Montgomery Co: Montgomery AL 36112– Property Number: 189130379 Montgomery Co: Montgomery AL 36112– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189130370 Reason: Secured Area. Property Number: 189110165 Status: Unutilized Bldg. 90, Storage CV Facility Status: Unutilized Reason: Secured Area. 90 Selfridge & Maxwell Blvd. Reason: Secured Area. Bldg 72, Storage Shed Maxwell Air Force Base Law Center 72 Selfridge & Maxwell Blvd. Montgomery Co: Montgomery AL 36112— Maxwell Air Force Base Maxwell Air Force Base Landholding Agency: Air Force 519 10th Street Montgomery Co: Montgomery AL 36112– Property Number: 189130380 Montgomery Co: Montgomery AL 36112– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189130371 Reason: Secured Area. Property Number: 189110166 Status: Unutilized Bldg. 94, Storage CV Facility Status: Unutilized Reason: Secured Area. Reason: Secured Area. 94 Selfridge & Maxwell Blvd. Bldg. 95, Storage Shed Maxwell Air Force Base Bldg. 1011 95 Selfridge & Maxwell Blvd. Montgomery Co: Montgomery AL 36112— Maxwell Air Force Base Maxwell Air Force Base Landholding Agency: Air Force Dannelly Street Montgomery Co: Montgomery AL 36112— Property Number: 189130381 Montgomery Co: Montgomery AL 36112– Landholding Agency: Air Force Status: Unutilized 5000 Property Number: 189130372 Reason: Secured Area. Landholding Agency: Air Force Status: Unutilized Property Number: 189110167 Bldg. 135 Reason: Secured Area. Status: Unutilized Gunter Air Force Base Reason: Secured Area. Bldg. 96, Storage Shed 1st Street HQ Specified Bldg 96 Selfridge & Maxwell Blvd. Montgomery Co: Montgomery AL 36114– Maxwell AFB Maxwell Air Force Base 5000 677 Third Street Montgomery Co: Montgomery AL 36112— Landholding Agency: Air Force Montgomery Co: Montgomery AL 36112 Landholding Agency: Air Force Property Number: 189140001 Landholding Agency: Air Force Property Number: 189130373 Status: Unutilized Property Number: 189120231 Status: Unutilized Reason: Secured Area. Status: Unutilized Reason: Secured Area. Bldg. 206 Reason: Secured Area. Bldg. 97, Storage Shed Gunter Air Force Base 9370 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Off 1st Street Landholding Agency: Air Force Maxwell Air Force Base Montgomery Co: Montgomery AL 36114– Property Number: 189140010 Montgomery Co: Montgomery AL 36112– 5000 Status: Unutilized Landholding Agency: Air Force Landholding Agency: Air Force Reason: Secured Area. Property Number: 189220009 Property Number: 189140002 Bldg. 1001 Status: Unutilized Status: Unutilized Maxwell Air Force Base Reason: Secured Area. Reason: Secured Area. Kelly St., North & Airplane Park. Apron 3001 Bldg. 1210 Bldg. 208 Montgomery Co: Montgomery AL 36112— Maxwell Air Force Base Gunter Air Force Base Landholding Agency: Air Force Montgomery Co: Montgomery AL 36112– 1st Street at ‘‘D’’ Streets Property Number: 189140011 Landholding Agency: Air Force Montgomery Co: Montgomery AL 36114– Status: Unutilized Property Number: 189220010 5000 Reason: Secured Area. Status: Unutilized Landholding Agency: Air Force Bldg. 1010 Reason: Secured Area. Property Number: 189140003 Maxwell Air Force Base Bldg. 1211 Status: Unutilized Bet. Maxwell Blvd. & Dannelly St Maxwell Air Force Base Reason: Secured Area. Montgomery Co: Montgomery AL 36112— Montgomery Co: Montgomery AL 36112– Bldg. 420 Landholding Agency: Air Force Landholding Agency: Air Force Gunter Air Force Base Property Number: 189140012 Property Number: 189220011 2nd Street at Avenue ‘‘D’’ Status: Unutilized Status: Unutilized Montgomery Co: Montgomery AL 36114– Reason: Secured Area. Reason: Secured Area. 5000 Bldg. 1039 Bldg. 1214 Landholding Agency: Air Force Maxwell Air Force Base Maxwell Air Force Base Property Number: 189140004 Kelly Street at Taxiway 3004 Montgomery Co: Montgomery AL 36112– Status: Unutilized Montgomery Co: Montgomery AL 36112— Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: Air Force Property Number: 189220012 Bldg. 559 Property Number: 189140013 Status: Unutilized Gunter Air Force Base Status: Unutilized Reason: Secured Area. 4th Street Reason: Secured Area. Bldg. 1229 Montgomery Co: Montgomery AL 36114– Bldg. 1215 Maxwell Air Force Base 5000 Maxwell Air Force Base Montgomery Co: Montgomery AL 36112– Landholding Agency: Air Force March St. bet. Willow St. & Beech St. Landholding Agency: Air Force Property Number: 189140005 Montgomery Co: Montgomery AL 36112— Property Number: 189220013 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area. Property Number: 189140014 Reason: Secured Area. Bldg. 560 Status: Unutilized Bldg. 1245 Gunter Air Force Base Reason: Secured Area. Maxwell Air Force Base 4th Street Bldg. 823 Montgomery Co: Montgomery AL 36112– Montgomery Co: Montgomery AL 36114– Gunter Air Force Base Landholding Agency: Air Force 5000 Ramp Road at Second Street Property Number: 189220014 Landholding Agency: Air Force Montgomery Co: Montgomery AL 36114– Status: Unutilized Property Number: 189140006 5000 Reason: Secured Area. Landholding Agency: Air Force Status: Unutilized Bldg. 906 Property Number: 189140021 Reason: Secured Area. Maxwell Air Force Base Status: Unutilized Bldg. 561 Bet. Avenue B & C on Second Street Reason: Secured Area. Gunter Air Force Base Montgomery Co: Montgomery AL 36112– Off 4th Street Bldg. 81 Landholding Agency: Air Force Montgomery Co: Montgomery AL 36114– Maxwell Air Force Base Property Number: 189240013 5000 Montgomery Co: Montgomery AL 36112– Status: Unutilized Landholding Agency: Air Force Landholding Agency: Air Force Reason: Secured Area; Other Property Number: 189140007 Property Number: 189220005 Comment: Extensive Deterioration. Status: Unutilized Status: Unutilized Bldg. 907 Reason: Secured Area. Reason: Secured Area. Maxwell Air Force Base Bldg. 562 Bldg. 1041 Bet. Avenue B & C on Second Street Gunter Air Force Base Maxwell Air Force Base Montgomery Co: Montgomery AL 36112– 4th Street Montgomery Co: Montgomery AL 36112– Landholding Agency: Air Force Montgomery Co: Montgomery AL 36114– Landholding Agency: Air Force Property Number: 189240014 5000 Property Number: 189220006 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area; Other Property Number: 189140008 Reason: Secured Area. Comment: Extensive Deterioration. Status: Unutilized Bldg. 1042 Bldg. 931 Reason: Secured Area. Maxwell Air Force Base Maxwell Air Force Base Bldg. 818 Montgomery Co: Montgomery AL 36112– Corner of Selfridge & 3rd Street Gunter Air Force Base Landholding Agency: Air Force Montgomery Co: Montgomery AL 36112– Foster Street Property Number: 189220007 Landholding Agency: Air Force Montgomery Co: Montgomery AL 36114– Status: Unutilized Property Number: 189240015 5000 Reason: Secured Area. Status: Unutilized Landholding Agency: Air Force Bldg. 1114 Reason: Secured Area; Other Property Number: 189140009 Maxwell Air Force Base Comment: Extensive Deterioration. Status: Unutilized Montgomery Co: Montgomery AL 36112– Bldg. 933 Reason: Secured Area. Landholding Agency: Air Force Maxwell Air Force Base Bldg. 807 Property Number: 189220008 Corner of Selfridge & 3rd Street Maxwell Air Force Base Status: Unutilized Montgomery Co: Montgomery AL 36112– Maxwell Blvd. & Third Street Reason: Secured Area. Landholding Agency: Air Force Montgomery Co: Montgomery AL 36112— Bldg. 1208 Property Number: 189240016 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9371 Status: Unutilized Property Number: 189310047 1350 River Road Reason: Secured Area; Other Status: Unutilized Montgomery Co: Montgomery AL 36112– Comment: Extensive Deterioration. Reason: Extensive deterioration; Secured Landholding Agency: Air Force Bldg. 934 Area. Property Number: 189330047 Maxwell Air Force Base BE Storage Shed, Maxwell AFB Status: Unutilized Corner of Selfridge & 3rd Street 1043 Kelly Street Reason: Extensive deterioration; Secured Montgomery Co: Montgomery AL 36112– Montgomery Co: Montgomery AL 36112– Area. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 400 Property Number: 189240017 Property Number: 189310048 Maxwell Air Force Base Status: Unutilized Status: Unutilized 1350 River Road Reason: Secured Area; Other Reason: Secured Area. Montgomery Co: Montgomery AL 36112– Comment: Extensive Deterioration. Data Proc. Bldg., Maxwell AFB Landholding Agency: Air Force Bldg. 143 908 Avenue B at Avenue C Property Number: 189330048 Maxwell Air Force Base Montgomery Co: Montgomery AL 36112– Status: Unutilized Avenue D Landholding Agency: Air Force Reason: Secured Area. Montgomery Co: Montgomery AL 36112– Property Number: 189310049 Bldg. 402 Landholding Agency: Air Force Status: Unutilized Maxwell Air Force Base Property Number: 189240018 Reason: Secured Area. 1350 River Road Status: Unutilized Youth Center, Maxwell AFB Montgomery Co: Montgomery AL 36112– Reason: Secured Area. 712 6th Street Landholding Agency: Air Force Bldg. 839 Montgomery Co: Montgomery AL 36112– Property Number: 189330049 Maxwell Air Force Base Landholding Agency: Air Force Status: Unutilized 1st & Bay Streets at Ash Street Property Number: 189310050 Reason: Secured Area. Montgomery Co: Montgomery AL 36112– Status: Unutilized Bldg. 408 Landholding Agency: Air Force Reason: Secured Area. Maxwell Air Force Base Property Number: 189240019 Education Center 1350 River Road Status: Unutilized Maxwell Air Force Base Montgomery Co: Montgomery AL 36112– Reason: Secured Area. Montgomery Co: Montgomery AL 36112– Landholding Agency: Air Force Bldg. 603, Maxwell AFB Landholding Agency: Air Force Property Number: 189330050 Gunter Annex Property Number: 189320044 Status: Unutilized Montgomery Co: Montgomery AL 36114– Status: Unutilized Reason: Secured Area. 3112 Reason: Secured Area; Other. Bldg. 410 Landholding Agency: Air Force Comment: Extensive Deterioration. Maxwell Air Force Base Property Number: 189310042 Admin. Office 1350 River Road Status: Unutilized Maxwell Air Force Base Montgomery Co: Montgomery AL 36112– Reason: Extensive deterioration; Secured Montgomery Co: Montgomery AL 36112– Landholding Agency: Air Force Area. Landholding Agency: Air Force Property Number: 189330051 Bldg. 315, Maxwell AFB Property Number: 189320045 Status: Unutilized Gunter Annex Status: Unutilized Reason: Secured Area. Montgomery Co: Montgomery AL 36114– Reason: Secured Area; Other. Bldg. 502 3112 Comment: Extensive Deterioration. Maxwell Air Force Base Landholding Agency: Air Force Bldg. 830, Gunter Annex 1350 River Road Property Number: 189310043 Maxwell Air Force Base Montgomery Co: Montgomery AL 36112– Status: Unutilized Montgomery Co: Montgomery AL 36112– Landholding Agency: Air Force Reason: Extensive deterioration; Secured Landholding Agency: Air Force Property Number: 189330052 Area. Property Number: 189320046 Status: Unutilized Bldg. 314, Maxwell AFB Status: Unutilized Reason: Secured Area. Gunter Annex Reason: Secured Area. Bldg. 503 Montgomery Co: Montgomery AL 36114– Chaplain School Maxwell Air Force Base 3112 Maxwell Air Force Base 1350 River Road Landholding Agency: Air Force Montgomery Co: Montgomery AL 36112– Montgomery Co: Montgomery AL 36112– Property Number: 189310044 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189320047 Property Number: 189330053 Reason: Extensive deterioration; Secured Status: Unutilized Status: Unutilized Area. Reason: Secured Area. Reason: Secured Area. Bldg. 301, Maxwell AFB Recreation Bldg. Bldg. 504 Gunter Annex Maxwell Air Force Base Maxwell Air Force Base Montgomery Co: Montgomery AL 36114– 690 Ash Street 1350 River Road 3112 Montgomery Co: Montgomery AL 36112– Montgomery Co: Montgomery AL 36112– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189310045 Property Number: 189330045 Property Number: 189330054 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Extensive deterioration; Secured Reason: Secured Area. Reason: Secured Area. Area. Storage Shed Bldg. 505 Water Supply Bldg. Maxwell AFB Maxwell Air Force Base Maxwell Air Force Base Montgomery Co: Montgomery AL 36112– 1068 Kelly Street 1350 River Road Landholding Agency: Air Force Montgomery Co: Montgomery AL 36112– Montgomery Co: Montgomery AL 36112– Property Number: 189310046 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189330046 Property Number: 189330055 Reason: Extensive deterioration; Secured Status: Unutilized Status: Unutilized Area. Reason: Extensive deterioration; Secured Reason: Secured Area. Recrea./Library, Maxwell AFB Area. Bldg. 506 Montgomery Co: Montgomery AL 36112– Storage Shed Maxwell Air Force Base Landholding Agency: Air Force Maxwell Air Force Base 1350 River Road 9372 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Montgomery Co: Montgomery AL 36112– Landholding Agency: Air Force Elmendorf AFB Co: Anchorage AK 99506– Landholding Agency: Air Force Property Number: 189330065 5000 Property Number: 189330056 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area. Property Number: 189010304 Reason: Secured Area. Bldg. 813 Status: Unutilized Bldg. 508 Maxwell Air Force Base Reason: Secured Area; Contamination. Maxwell Air Force Base Montgomery AL 36114– Bldg. 43–010 1350 River Road Landholding Agency: Air Force Elmendorf Air Force Base Montgomery Co: Montgomery AL 36112– Property Number: 189430001 21 CSG/DEER Landholding Agency: Air Force Status: Unutilized Elmendorf AFB Co: Anchorage AK 99506– Property Number: 189330057 Reason: Secured Area. 5000 Status: Unutilized Alaska Landholding Agency: Air Force Reason: Extensive deterioration; Secured Property Number: 189010306 Bldg. 203 Area. Status: Unutilized Tin City Air Force Station Bldg. 509 Reason: Secured Area; Contamination. 21 CSG/DEER Maxwell Air Force Base Elmendorf AFB Co: Anchorage AK 99506– Bldg. 63–320 1350 River Road 5000 Elmendorf Air Force Base Montgomery Co: Montgomery AL 36112– Landholding Agency: Air Force 21 CSG/DEER Landholding Agency: Air Force Property Number: 189010296 Elmendorf AFB Co: Anchorage AK 99506– Property Number: 189330058 Status: Unutilized 5000 Status: Unutilized Reason: Secured Area; Isolated area; Not Landholding Agency: Air Force Reason: Secured Area. accessible by road; Contamination. Property Number: 189010307 Bldg. 512 Bldg. 165 Status: Unutilized Maxwell Air Force Base Sparrevohn Air Force Station Reason: Secured Area; Contamination. 1350 River Road 21 CSG/DEER Bldg. 63–325 Montgomery Co: Montgomery AL 36112– Elmendorf AFB Co: Anchorage AK 99506– Elmendorf Air Force Base Landholding Agency: Air Force 5000 21 CSG/DEER Property Number: 189330059 Landholding Agency: Air Force Elmendorf AFB Co: Anchorage AK 99506– Status: Unutilized Property Number: 189010298 5000 Reason: Secured Area. Status: Unutilized Landholding Agency: Air Force Bldg. 513 Reason: Secured Area; Isolated area; Not Property Number: 189010308 Maxwell Air Force Base accessible by road; Contamination. Status: Unutilized 1350 River Road Bldg. 150 Reason: Secured Area; Contamination. Montgomery Co: Montgomery AL 36112– Sparrevohn Air Force Station Bldg. 103 Landholding Agency: Air Force 21 CSG/DEER Ft. Yukon Air Force Station Property Number: 189330060 Elmendorf AFB Co: Anchorage AK 99506– 21 CSG/DEER Status: Unutilized 5000 Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area. Landholding Agency: Air Force 5000 Bldg. 715 Property Number: 189010299 Landholding Agency: Air Force Maxwell Air Force Base Status: Unutilized Property Number: 189010309 1350 River Road Reason: Secured Area; Isolated area; Not Status: Unutilized Montgomery Co: Montgomery AL 36112– accessible by road; Contamination. Reason: Secured Area; Isolated area; Not Landholding Agency: Air Force Bldg. 130 accessible by road; Contamination. Property Number: 189330061 Sparrevohn Air Foce Station Bldg. 110 Status: Unutilized 21 CSG/DEER Ft. Yukon Air Force Station Reason: Extensive deterioration; Secured Elmendorf AFB Co: Anchorage AK 99506– 21 CSG/DEER Area. 5000 Elmendorf AFB Co: Anchorage AK 99506– Bldg. 716 Landholding Agency: Air Force 5000 Maxwell Air Force Base Property Number: 189010300 Landholding Agency: Air Force 1350 River Road Status: Unutilized Property Number: 189010310 Montgomery Co: Montgomery AL 36112– Reason: Secured Area; Isolated area; Not Status: Unutilized Landholding Agency: Air Force accessible by road; Contamination. Reason: Secured Area; Isolated area; Not Property Number: 189330062 Bldg. 306 accessible by road; Contamination. Status: Unutilized King Salmon Airport Bldg. 112 Reason: Extensive deterioration; Secured 21 CSG/DEER Ft. Yukon Air Force Station Area. Elmendorf AFB Co: Anchorage AK 99506– 21 CSG/DEER Bldg. 820 5000 Elmendorf AFB Co: Anchorage AK 99506– Maxwell Air Force Base Landholding Agency: Air Force 5000 Montgomery Co: Montgomery AL 36112– Property Number: 189010301 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189010311 Property Number: 189330063 Reason: Secured Area; Isolated area; Not Status: Unutilized Status: Unutilized accessible by road; Contamination. Reason: Secured Area; Isolated area; Not Reason: Secured Area. Bldg. 11–230 accessible by road; Contamination. Bldg. 864 Elmendorf Air Force Base Bldg. 113 Maxwell Air Force Base 21 CSG/DEER Ft. Yukon Air Force Station Montgomery Co: Montgomery AL 36112– Elmendorf AFB Co: Anchorage AK 99506– 21 CSG/DEER Landholding Agency: Air Force 5000 Elmendorf AFB Co: Anchorage AK 99506– Property Number: 189330064 Landholding Agency: Air Force 5000 Status: Unutilized Property Number: 189010303 Landholding Agency: Air Force Reason: Extensive deterioration; Secured Status: Unutilized Property Number: 189010312 Area. Reason: Secured Area; Contamination. Status: Unutilized Facility 875 Bldg. 21–116 Reason: Secured Area; Isolated area; Not Maxwell Air Force Base Elmendorf Air Force Base accessible by road; Contamination. Montgomery Co: Montgomery AL 36112– 21 CSG/DEER Bldg. 114 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9373 Ft. Yukon Air Force Station Property Number: 189010321 Cape Lisburne Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road; Contamination. 5000 Landholding Agency: Air Force Bldg. 113 Landholding Agency: Air Force Property Number: 189010313 Cape Lisburne Air Force Station Property Number: 189010329 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not accessible by road; Contamination. 5000 accessible by road; Contamination. Bldg. 115 Landholding Agency: Air Force Bldg. 103 Ft. Yukon Air Force Station Property Number: 189010322 Kotzebue Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road; Contamination. 5000 Landholding Agency: Air Force Bldg. 150 Landholding Agency: Air Force Property Number: 189010314 Cape Lisburne Air Force Station Property Number: 189010330 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not accessible by road; Contamination. 5000 accessible by road; Contamination. Bldg. 118 Landholding Agency: Air Force Bldg. 104 Ft. Yukon Air Force Station Property Number: 189010323 Kotzebue Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road; Contamination. 5000 Landholding Agency: Air Force Bldg. 152 Landholding Agency: Air Force Property Number: 189010315 Cape Lisburne Air Force Station Property Number: 189010331 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not accessible by road; Contamination. 5000 accessible by road; Contamination. Bldg. 1018 Landholding Agency: Air Force Bldg. 105 Ft. Yukon Air Force Station Property Number: 189010324 Kotzebue Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road; Contamination. 5000 Landholding Agency: Air Force Bldg. 301 Landholding Agency: Air Force Property Number: 189010317 Cape Lisburne Air Force Station Property Number: 189010332 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not accessible by road; Contamination. 5000 accessible by road; Contamination. Bldg. 1025 Landholding Agency: Air Force Bldg. 110 Ft. Yukon Air Force Station Property Number: 189010325 Kotzebue Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road; Contamination. 5000 Landholding Agency: Air Force Bldg. 1001 Landholding Agency: Air Force Property Number: 189010318 Cape Lisburne Air Force Station Property Number: 189010333 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not accessible by road; Contamination. 5000 accessible by road; Contamination. Bldg. 1055 Landholding Agency: Air Force Bldg. 114 Ft. Yukon Air Force Station Property Number: 189010326 Kotzebue Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road; Contamination. 5000 Landholding Agency: Air Force Bldg. 1003 Landholding Agency: Air Force Property Number: 189010319 Cape Lisburne Air Force Station Property Number: 189010334 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not accessible by road; Contamination. 5000 accessible by road; Contamination. Bldg. 107 Landholding Agency: Air Force Bldg. 202 Cape Lisburne Air Force Station Property Number: 189010327 Kotzebue Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road; Contamination. 5000 Landholding Agency: Air Force Bldg. 1055 Landholding Agency: Air Force Property Number: 189010320 Cape Lisburne Air Force Station Property Number: 189010335 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not accessible by road; Contamination. 5000 accessible by road; Contamination. Bldg. 115 Landholding Agency: Air Force Bldg. 204 Cape Lisburne Air Force Station Property Number: 189010328 Kotzebue Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road; Contamination. 5000 Landholding Agency: Air Force Bldg. 1056 Landholding Agency: Air Force 9374 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Property Number: 189010336 Property Number: 189420004 Arizona Status: Unutilized Status: Unutilized Facility 90002 Reason: Secured Area; Isolated area; Not Reason: Floodway; Secured area; Extensive Holbrook Radar Site accessible by road; Contamination. deterioration. Holbrook Co: Navajo AZ 86025– Bldg. 205 Bldg. 1832, Galena Airport Landholding Agency: Air Force Kotzebue Air Force Station Elmendorf AFB Co: Anchoroge AK 99506– Property Number: 189340049 21 CSG/DEER 4420 Status: Unutilized Elmendorf AFB Co: Anchorage AK 99506– Landholding Agency: Air Force Reason: Within airport runway clear zone. Property Number: 189420005 5000 Arkansas Landholding Agency: Air Force Status: Unutilized Property Number: 189010337 Reason: Floodway; Secured area; Extensive Silver Hill Cabin Status: Unutilized deterioration. Buffalo National River Reason: Secured area; Isolated area; Not Bldg. 1842, Galena Airport St. Joe Co: Newton AR 72675– accessible by road; Contamination. Elmendorf AFB Co: Anchoroge AK 99506– Landholding Agency: Interior Property Number: 619440003 Bldg. 1001 4420 Landholding Agency: Air Force Status: Unutilized Kotzebue Air Force Station Reason: Extensive deterioration. 21 CSG/DEER Property Number: 189420006 Elmendorf AFB Co: Anchorage AK 99506– Status: Unutilized Paul Ray/Barbara Still House 5000 Reason: Floodway; Secured area; Extensive Hwy. 268 Landholding Agency: Air Force deterioration. Yellville Co: Marion AR 72687– Property Number: 189010338 Bldg. 1844, Galena Airport Landholding Agency: Interior Status: Unutilized Elmendorf AFB Co: Anchoroge AK 99506– Property Number: 619440006 Reason: Secured area; Isolated area; Not 4420 Status: Unutilized accessible by road; Contamination. Landholding Agency: Air Force Reason: Extensive deterioration. Bldg. 1015 Property Number: 189420007 California Kotzebue Air Force Station Status: Unutilized Bldg. 4052 21 CSG/DEER Reason: Floodway; Secured area; Extensive March AFB Elmendorf AFB Co: Anchorage AK 99506– deterioration. Ice House in West March 5000 Bldg. 1853, Galena Airport Riverside Co: Riverside CA 92518– Landholding Agency: Air Force Elmendorf AFB Co: Anchoroge AK 99506– Landholding Agency: Air Force Property Number: 189010339 4420 Property Number: 189010082 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured area; Isolated area; Not Property Number: 189440011 Reason: Within airport runway clear zone. accessible by road; Contamination. Status: Unutilized Bldg. 392 60 ABG/DE Bldg. 50 Reason: Secured area; Floodway. Travis Air Force Base Cold Bay Air Force Station Bldg. 24–825 Hospital Drive 21 CSG/DEER Elmendorf Air Force Base Travis AFB Co: Solano CA 94535–5496 Elmendorf AFB Co: Anchorage AK 99506– Anchorage AK 99506–5000 Landholding Agency: Air Force 5000 Landholding Agency: Air Force Property Number: 189010187 Landholding Agency: Air Force Property Number: 189440012 Status: Unutilized Property Number: 189010433 Status: Unutilized Reason: Within 2000 ft. of flammable or Status: Unutilized Reason: Secured area; Within airport runway explosive material; Secured area. Reason: Other; Isolated area; Not accessible clear zone. Bldg. 1182 60 ABG/DE by road. Bldg. 24–820 Travis Air Force Base Comment: Isolated and remote; Arctic Elmendorf Air Force Base Perimeter Road environment. Anchorage AK 99506–5000 Travis AFB Co: Solano CA 94535–5496 Bldg. 1548, Galena Airport Landholding Agency: Air Force Landholding Agency: Air Force Elmendorf AFB Co: Anchoroge AK 99506– Property Number: 189440013 Property Number: 189010188 4420 Status: Unutilized Status: Unutilized Landholding Agency: Air Force Reason: Secured area; Within airport runway Reason: Within airport runway clear zone; Property Number: 189420001 clear zone. Secured area. Status: Unutilized Bldg. 21–878 Bldg. 152 60 ABG/DE Reason: Floodway; Secured area; Extensive Elmendorf Air Force Base Travis Air Force Base deterioration. Anchorage AK 99506–5000 Broadway Street Bldg. 1568, Galena Airport Landholding Agency: Air Force Travis AFB Co: Solano CA 94535–5496 Elmendorf AFB Co: Anchoroge AK 99506– Property Number: 189440014 Landholding Agency: Air Force 4420 Status: Unutilized Property Number: 189010190 Landholding Agency: Air Force Reason: Secured area; Extensive Status: Unutilized Property Number: 189420002 deterioration. Reason: Within 2000 ft. of flammable or Status: Unutilized Bldg. 10–480 explosive material; Secured Area. Reason: Floodway; Secured area; Extensive Elmendorf Air Force Base Bldg. 159 60 ABG/DE deterioration. Anchorage AK 99506–5000 Travis Air Force Base Bldg. 1570, Galena Airport Landholding Agency: Air Force Broadway Street Elmendorf AFB Co: Anchoroge AK 99506– Property Number: 189440015 Travis AFB Co: Solano CA 94535–5496 4420 Status: Unutilized Landholding Agency: Air Force Landholding Agency: Air Force Reason: Secured area; Extensive Property Number: 189010191 Property Number: 18942003 deterioration. Status: Unutilized Status: Unutilized USCG MSD Office (2 buildings) Reason: Within 2000 ft. of flammable or Reason: Floodway; Secured area; Extensive 2958 Tongass Avenue explosive material; Secured Area. deterioration. Ketchikan Co: Ketchikan AK 99901– Bldg. 384 60 ABG/DE Bldg. 1700, Galena Airport Landholding Agency: GSA Travis Air Force Base Elmendorf AFB Co: Anchoroge AK 99506– Property Number: 879130004 Hospital Drive 4420 Status: Excess Travis AFB Co: Solano CA 94535–5496 Landholding Agency: Air Force Reason: Extensive deterioration. Landholding Agency: Air Force Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9375 Property Number: 189010192 Reason: Secured Area. Landholding Agency: Air Force Status: Unutilized Bldg. 202 Property Number: 189230020 Reason: Within 2000 ft. of flammable or Vandenberg Air Force Base Status: Underutilized explosive material; Secured Area. Point Arguello Reason: Secured Area. Bldg. 707 63 ABG/DE Vandenberg AFB Co: Santa Barbara CA Bldg. 1791 Norton Air Force Base 93437– Vandenberg Air Force Base Norton Co: San Bernadino CA 92409–5045 Location: Highway 1, Highway 246, Coast Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Road, Pt Sal Road, Miguelito Cyn. 93437– Property Number: 189010193 Landholding Agency: Air Force Location: Hwy 1, Hwy 246, Coast Rd, PT Sal Status: Excess Property Number: 189010547 Road, Miguelito Cyn Reason: Within 2000 ft. of flammable or Status: Unutilized Landholding Agency: Air Force explosive material; Secured Area. Reason: Secured Area. Property Number: 189240044 Bldg. 575 63 ABG/DE Bldg. 203 Status: Unutilized Norton Air Force Base Vandenberg Air Force Base Reason: Secured Area. Norton Co: San Bernadino CA 92409–5045 Point Arguello Bldg. 10721 Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Vandenberg Air Force Base Property Number: 189010195 93437– Vandenberg AFB Co: Santa Barbara CA Status: Excess Location: Highway 1, Highway 246, Coast 93437– Reason: Within 2000 ft. of flammable or Road, Pt Sal Road, Miguelito Cyn. Location: Hwy 1, Hwy 246, Coast Rd, Pt Sal explosive material. Landholding Agency: Air Force Road, Miguelito Cyn Bldg. 502 63 ABG/DE Property Number: 189010548 Landholding Agency: Air Force Norton Air Force Base Status: Unutilized Property Number: 189240048 Lorton Co: San Bernadino CA 92409–5045 Reason: Secured Area. Status: Unutilized Reason: Secured Area. Landholding Agency: Air Force Bldg. 204 Property Number: 189010196 Vandenberg Air Force Base Bldg. 13028 Status: Excess Point Arguello Vandenberg Air Force Base Reason: Within 2000 ft. of flammable or Vandenberg AFB Co: Santa Barbara CA Vandenberg AFB Co: Santa Barbara CA explosive material; Secured Area. 93437– 93437– Bldg. 23 63 ABG/DE Location: Highway 1, Highway 246, Coast Location: Hwy 1, Hwy 246, Coast Rd, Pt Sal Norton Air Force Base Road, Pt Sal Road, Miguelito Cyn Road, Miguelito Cyn Norton Co: San Bernadino CA 92409–5045 Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189010549 Property Number: 189240050 Property Number: 189010197 Status: Unutilized Status: Unutilized Status: Excess Reason: Secured Area. Reason: Secured Area. Reason: Within 2000 ft. of flammable or Bldg. 1823 Bldg. 5427,Vandenberg Air Force Base explosive material; Secured Area. Vandenberg Air Force Base Vandenberg Co: Santa Barbara CA 93437– Bldg. 100 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Point Arena Air Force Station 93437– Property Number: 189310014 (See County) Co: Mendocino CA 95468–5000 Location: Highway 1, Highway 246, Coast Status: Unutilized Landholding Agency: Air Force Road, Pt Sal Road, Miguelito Cyn Reason: Secured Area. Property Number: 189010233 Landholding Agency: Air Force Bldg. 5428, Vandenberg AFB Status: Unutilized Property Number: 189010360 Vandenberg Co: Santa Barbara CA 93437– Reason: Secured Area. Status: Excess Landholding Agency: Air Force Bldg. 101 Reason: Secured Area; Within 2000 ft. of Property Number: 189310015 Point Arena Air Force Station flammable or explosive material. Status: Unutilized Reason: Secured Area. (See County) Co: Mendocino Ca 95468–5000 Bldg. 10312 Landholding Agency: Air Force Vandenberg Air Force Base Bldg. 5430, Vandenberg AFB Property Number: 189010234 Vandenberg AFB Co: Santa Barbara CA Vandenberg Co: Santa Barbara CA 93437– Status: Underutilized 93437– Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: Air Force Property Number: 189310016 Bldg. 116 Property Number: 189210026 Status: Unutilized Point Arena Air Force Station Status: Unutilized Reason: Secured Area. (See County) Co: Mendocino CA 95468–5000 Reason: Secured Area. Bldg. 5431, Vandenberg AFB Landholding Agency: Air Force Bldg. 10314 Vandenberg Co: Santa Barbara CA 93437– Property Number: 189010235 Vandenberg Air Force Base Landholding Agency: Air Force Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Property Number: 189310017 Reason: Secured Area. 93437– Status: Unutilized Bldg. 202 Landholding Agency: Air Force Reason: Secured Area. Point Arena Air Force Station Property Number: 189210027 Bldg. 6407, Vandenberg AFB (See County) Co: Mendocino CA 95468–5000 Status: Unutilized Vandenberg Co: Santa Barbara CA 93437– Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: Air Force Property Number: 189010236 Bldg. 10503 Property Number: 189310024 Status: Unutilized Vandenberg Air Force Base Status: Unutilized Reason: Secured Area. Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area. Bldg. 201 93437– Bldg. 6425, Vandenberg AFB Vandenberg Air Force Base Landholding Agency: Air Force Vandenberg Co: Santa Barbara CA 93437– Point Arguello Property Number: 189210028 Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Status: Unutilized Property Number: 189310027 93437– Reason: Secured Area. Status: Unutilized Location: Highway 1, Highway 246, Coast Bldg. 16104, Vandenberg AFB Reason: Secured Area. Road, Pt. Sal Road, Miguelito Cyn. Vandenberg AFB Co: Santa Barbara CA Bldg. 6444, Vandenberg AFB Landholding Agency: Air Force 93437– Vandenberg Co: Santa Barbara CA 93437– Property Number: 189010546 Location: Hwy 1, Hwy 246, Coast Rd, Pt Sal Landholding Agency: Air Force Status: Unutilized Road, Miguelito Cyn Property Number: 189310028 9376 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Status: Unutilized Landholding Agency: Air Force Property Number: 189330013 Reason: Secured Area. Property Number: 189320024 Status: Unutilized Bldg. 7303, Vandenberg AFB Status: Excess Reason: Secured Area. Vandenberg Co: Santa Barbara CA 93437– Reason: Secured Area. Bldg. 8215 Landholding Agency: Air Force Bldg. 12306 Vandenberg Air Force Base Property Number: 189310029 Vandenberg Air Force Base Vandenberg Air Force Base Co: Santa Barbara Status: Unutilized Vandenberg Air Force Base Co: Santa Barbara CA 93437– Reason: Secured Area. CA 93437– Landholding Agency: Air Force Bldg. 7304, Vandenberg AFB Landholding Agency: Air Force Property Number: 189330016 Vandenberg Co: Santa Barbara CA 93437– Property Number: 189320025 Status: Unutilized Landholding Agency: Air Force Status: Excess Reason: Secured Area. Property Number: 189310030 Reason: Secured Area. Bldg. 8220 Status: Unutilized Bldg. 12307 Vandenberg Air Force Base Reason: Secured Area. Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA Bldg. 12406, Vandenberg AFB Vandenberg Air Force Base Co: Santa Barbara 93437– Vandenberg Co: Santa Barbara CA 93437– CA 93437– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189330019 Property Number: 189310034 Property Number: 189320026 Status: Unutilized Status: Unutilized Status: Excess Reason: Secured Area. Reason: Secured Area. Reason: Secured Area. Bldg. 9001 Bldg. 12407, Vandenberg AFB Bldg. 12309 Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA Vandenberg Co: Santa Barbara CA 93437– Vandenberg Air Force Base 93437– Landholding Agency: Air Force Vandenberg Air Force Base Co: Santa Barbara Landholding Agency: Air Force Property Number: 189310035 CA 93437– Property Number: 189330028 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area. Property Number: 189320027 Status: Excess Reason: Extensive deterioration; Secured Bldg. 13010, Vandenberg AFB Area. Vandenberg Co: Santa Barbara CA 93437– Reason: Secured Area. Bldg. 13025 Landholding Agency: Air Force Bldg. 12310 Vandenberg Air Force Base Property Number: 189310036 Vandenberg Air Force Base Vandenberg Air Force Base Co: Santa Barbara Vandenberg AFB Co: Santa Barbara CA Status: Unutilized 93437– CA 93437– Reason: Secured Area. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 13014, Vandenberg AFB Property Number: 189330032 Property Number: 189320028 Vandenberg Co: Santa Barbara CA 93437– Status: Unutilized Status: Excess Landholding Agency: Air Force Reason: Secured Area. Reason: Secured Area. Property Number: 189310039 Bldg. 13027 Status: Unutilized Bldg. 12313 Vandenberg Air Force Base Reason: Secured Area. Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA Bldg. 12205 Vandenberg Air Force Base Co: Santa Barbara 93437– Vandenberg Air Force Base CA 93437– Landholding Agency: Air Force Vandenberg Air Force Base Co: Santa Barbara Landholding Agency: Air Force Property Number: 189330033 CA 93437– Property Number: 189320029 Status: Unutilized Landholding Agency: Air Force Status: Excess Reason: Secured Area. Reason: Secured Area. Property Number: 189320020 Bldg. 4412 Status: Excess Bldg. 12314 Vandenberg Air Force Base Reason: Secured Area. Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA Bldg. 12206 Vandenberg Air Force Base Co: Santa Barbara 93437– Vandenberg Air Force Base CA 93437– Landholding Agency: Air Force Vandenberg Air Force Base Co: Santa Barbara Landholding Agency: Air Force Property Number: 189340001 CA 93437– Property Number: 189320030 Status: Unutilized Landholding Agency: Air Force Status: Excess Reason: Within airport runway clear zone; Property Number: 189320021 Reason: Secured Area. Secured Area. Status: Excess Bldg. 12503 Bldg. 4415 Reason: Secured Area. Vandenberg Air Force Base Vandenberg Air Force Base Bldg. 12207 Vandenberg Air Force Base Co: Santa Barbara Vandenberg AFB Co: Santa Barbara CA Vandenberg Air Force Base CA 93437– 93437– Vandenberg Air Force Base Co: Santa Barbara Landholding Agency: Air Force Landholding Agency: Air Force CA 93437– Property Number: 189320031 Property Number: 189340002 Landholding Agency: Air Force Status: Excess Status: Unutilized Property Number: 189320022 Reason: Secured Area. Reason: Within airport runway clear zone; Status: Excess Bldg. 5437 Secured Area. Reason: Secured Area. Vandenberg Air Force Base Bldg. 1988 Bldg. 12209 Vandenberg Air Force Base Co: Santa Barbara Vandenberg Air Force Base Vandenberg Air Force Base CA 93437– Vandenberg AFB Co: Santa Barbara CA Vandenberg Air Force Base Co: Santa Barbara Landholding Agency: Air Force 93437– CA 93437– Property Number: 189330011 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189340003 Property Number: 189320023 Reason: Extensive deterioration; Secured Status: Unutilized Status: Excess Area. Reason: Other; Secured Area. Reason: Secured Area. Bldg. 6206 Comment: Electrical Power Generator Bldg. Bldg. 12210 Vandenberg Air Force Base Bldg. 1324 Vandenberg Air Force Base Vandenberg Air Force Base Co: Santa Barbara Vandenberg Air Force Base Vandenberg Air Force Base Co: Santa Barbara CA 93437– Vandenberg AFB Co: Santa Barbara CA CA 93437– Landholding Agency: Air Force 93437– Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9377 Landholding Agency: Air Force Status: Unutilized Bldg. 11190 Property Number: 189340006 Reason: Secured Area. Vandenberg Air Force Base Status: Unutilized Bldg. 6420 Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area. Vandenberg Air Force Base 93437– Bldg. 1341 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg Air Force Base 93437– Property Number: 189340025 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 189340016 Reason: Secured Area. Landholding Agency: Air Force Status: Unutilized Bldg. 11308 Property Number: 189340007 Reason: Secured Area. Vandenberg Air Force Base Status: Unutilized Bldg. 6429 Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area. Vandenberg Air Force Base 93437– Bldg. 1955 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg Air Force Base 93437– Property Number: 189340026 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 189340017 Reason: Secured Area. Landholding Agency: Air Force Status: Unutilized Bldg. 16164 Property Number: 189340008 Reason: Secured Area. Vandenberg Air Force Base Status: Unutilized Bldg. 6441 Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area. Vandenberg Air Force Base 93437– Bldg. 5007 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg Air Force Base 93437– Property Number: 189340028 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 189340018 Reason: Secured Area. Landholding Agency: Air Force Status: Unutilized Bldg. 6521 Property Number: 189340009 Reason: Secured Area. Vandenberg Air Force Base Status: Unutilized Bldg. 6442 Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area. Vandenberg Air Force Base 93437– Bldg. 5107 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg Air Force Base 93437– Property Number: 189410004 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 189340019 Reason: Secured Area. Landholding Agency: Air Force Status: Unutilized Bldg. 13019 Property Number: 189340010 Reason: Secured Area. Vandenberg Air Force Base Status: Unutilized Bldg. 6443 Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area. Vandenberg Air Force Base 93437– Bldg. 5118 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg Air Force Base 93437– Property Number: 189410005 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 189340020 Reason: Secured Area. Landholding Agency: Air Force Status: Unutilized Bldg. 501 Property Number: 189340011 Reason: Secured Area. Vandenberg Air Force Base Status: Unutilized Bldg. 7301 Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area. Vandenberg Air Force Base 93437– Bldg. 5120 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg Air Force Base 93437– Property Number: 189420008 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 189340021 Reason: Secured Area; Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 189340012 Reason: Secured Area. Bldg. 13020 Status: Unutilized Bldg. 7306 Vandenberg Air Force Base Reason: Secured Area. Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA Bldg. 5132 Vandenberg AFB Co: Santa Barbara CA 93437– Vandenberg Air Force Base 93437– Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Property Number: 189420011 93437– Property Number: 189340022 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area; Extensive Property Number: 189340013 Reason: Secured Area. deterioration. Status: Unutilized Bldg. 8309 Bldg. 1203 Reason: Secured Area. Vandenberg Air Force Base Vandenberg Air Force Base Bldg. 6008 Vandenberg AFB Co: Santa Barbara CA Vandenberg AFB Co: Santa Barbara CA Vandenberg Air Force Base 93437– 93437– Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Landholding Agency: Air Force 93437– Property Number: 189340023 Property Number: 189440001 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189340014 Reason: Secured Area. Reason: Secured Area. Status: Unutilized Bldg. 9310 Bldg. 1786 Reason: Secured Area. Vandenberg Air Force Base Vandenberg Air Force Base Bldg. 6418 Vandenberg AFB Co: Santa Barbara CA Vandenberg AFB Co: Santa Barbara CA Vandenberg Air Force Base 93437– 93437– Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Landholding Agency: Air Force 93437– Property Number: 189340024 Property Number: 189440002 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189340015 Reason: Secured Area. Reason: Secured Area. 9378 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Bldg. 10005 Former Naval Research Bldg. Aurora Co: Arapahoe CO 80011–9599 Vandenberg Air Force Base Pasadena Co: Los Angeles CA 91106– Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Landholding Agency: GSA Property Number: 189330009 93437– Property Number: 549430001 Status: Unutilized Landholding Agency: Air Force Status: Excess Reason: Extensive deterioration; Secured Property Number: 189440003 Reason: Extensive deterioration. Area. Status: Unutilized GSA Number: 9–N–CA–1304A. Bldg. 23 Reason: Secured Area. NW Seal Rock & Lighthouse Buckley Air National Guard Base Bldg. 11032 St. George Reef Co: Del Norte CA Aurora Co: Arapahoe CO 80011–9599 Vandenberg Air Force Base Landholding Agency: GSA Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Property Number: 549430012 Property Number: 189330010 93437– Status: Excess Status: Unutilized Landholding Agency: Air Force Reason: Other. Reason: Extensive deterioration; Secured Property Number: 189440004 Comment: Inaccessible. Area. Status: Unutilized GSA Number: 9–U–CA–556B. Delaware Reason: Secured Area. Colorado Bldg. 1900 Bldg. 11183 Bldg. 712 436 CSG Dover AFB Vandenberg Air Force Base Buckley Air National Guard Base Dover Co: Kent DE 19902–5516 Vandenberg AFB Co: Santa Barbara CA Aurora Co: Arapahoe CO 80011–9599 Landholding Agency: Air Force 93437– Landholding Agency: Air Force Property Number: 189120230 Landholding Agency: Air Force Property Number: 189330002 Status: Unutilized Property Number: 189440005 Status: Unutilized Reason: Within airport runway clear zone; Status: Unutilized Reason: Extensive deterioration; Secured Secured Area. Reason: Secured Area. Area. Bldg. 1304 (436 CSG) Bldg. 11219 Bldg. 518 Dover Air Force Base Vandenberg Air Force Base Buckley Air National Guard Base Dover Co: Kent DE 19902–5065 Vandenberg AFB Co: Santa Barbara CA Aurora Co: Arapahoe CO 80011–9599 Landholding Agency: Air Force 93437– Landholding Agency: Air Force Property Number: 189140018 Landholding Agency: Air Force Property Number: 189330003 Status: Unutilized Property Number: 189440006 Status: Unutilized Reason: Secured Area; Within airport runway Status: Unutilized Reason: Extensive deterioration; Secured clear zone. Reason: Secured Area. Area. Bldg. 11238 Bldg. 505 Florida Vandenberg Air Force Base Buckley Air National Guard Base Bldg. 902 Vandenberg AFB Co: Santa Barbara CA Aurora Co: Arapahoe CO 80011–9599 Tyndall Air Force Base 93437– Landholding Agency: Air Force Panama City Co: Bay FL 32403–5000 Landholding Agency: Air Force Property Number: 189330004 Landholding Agency: Air Force Property Number: 189440007 Status: Unutilized Property Number: 189130348 Status: Unutilized Reason: Extensive deterioration; Secured Status: Underutilized Reason: Secured Area. Area. Reason: Secured Area. Bldg. 11511 Bldg. 504 Bldg. 400 Vandenberg Air Force Base Buckley Air National Guard Base Patrick Air Force Base Vandenberg AFB Co: Santa Barbara CA Aurora Co: Arapahoe CO 80011–9599 C Street bet. First & Second Streets 93437– Landholding Agency: Air Force Cocoa Beach Co: Brevard FL 32925– Landholding Agency: Air Force Property Number: 189330005 Landholding Agency: Air Force Property Number: 189440008 Status: Unutilized Property Number: 189220001 Status: Unutilized Reason: Extensive deterioration; Secured Status: Unutilized Reason: Secured Area; Extensive Area. Reason: Secured Area. deterioration. Bldg. 503 Bldg. 430 Bldg. 13412 Buckley Air National Guard Base Patrick Air Force Vandenberg Air Force Base Aurora Co: Arapahoe CO 80011–9599 Third Street bet. B and C Streets Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Cocoa Beach Co: Brevard F: 32025– 93437– Property Number: 189330006 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189220002 Property Number: 189440009 Reason: Extensive deterioration; secured Status: Underutilized Status: Unutilized Area. Reason: Secured Area. Reason: Secured Area. Bldg. 502 Bldg. 460 Buckley Air National Guard Base Bldg. 1176 Vandenberg Air Force Base Aurora Co: Arapahoe CO 80011–9599 Patrick Air Force Base Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force 1176 School Avenue 93437– Property Number: 189330007 Co: Brevard FL 32935– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189510019 Reason: Extensive deterioration; Secured Property Number: 189240029 Status: Unutilized Area. Status: Unutilized Reason: Secured Area; Extensive Bldg. 32 Reason: Secured Area; Other. deterioration. Buckley Air National Guard Base Comment: Extensive Deterioration. Bldg. 6348 Aurora Co: Arapahoe CO 80011–9599 Bldg. 1179 Vandenberg Air Force Base Landholding Agency: Air Force Patrick Air Force Base Vandenberg AFB Co: Santa Barbara CA Property Number: 189330008 1179 School Avenue 93437– Status: Unutilized Co: Brevard FL 32935– Landholding Agency: Air Force Reason: Extensive deterioration; Secured Landholding Agency: Air Force Property Number: 189510020 Area. Property Number: 189240030 Status: Unutilized Bldg. 27 Status: Unutilized Reason: Secured Area. Buckley Air National Guard Base Reason: Secured Area; Other. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9379 Comment: Extensive Deterioration. Bldg. 2625 Scott Air Force Base Bldg. 321 Tyndall Air Force Base East Drive 375 ABG/DE Patrick Air Force Base Panama City Co: Bay FL 32403– Scott AFB Co: St. Clair IL 62225–5001 Co: Brevard FL 32925– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189430005 Property Number: 189010248 Property Number: 189320001 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Extensive deterioration Secured Reason: Secured Area. Reason: Secured Area, Within 2000 ft. of Area. Bldg. 503 flammable or explosive material; Other. Bldg. 2639 Scott Air Force Base Comment: Extensive Deterioration. Tyndall Air Force Base Scott AFB Co: St. Clair IL 62225– Bldg. 510 Panama City Co: Bay FL 32403– Landholding Agency: Air Force Patrick Air Force Base Landholding Agency: Air Force Property Number: 189010725 Co: Brevard FL 32925– Property Number: 189430006 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area. Property Number: 189320002 Reason: Extensive deterioration Secured Bldg. 869 Status: Unutilized Area. Scott Air Force Base Reason: Secured Area; Within 2000 ft. of Bldg. 2642 375 CSG/DEER flammable or explosive material; Other. Tyndall Air Force Base Scott AFB Co: St. Clair IL 62225–5045 Comment: Extensive Deterioration. Panama City Co: Bay FL 32403– Landholding Agency: Air Force Bldg. 558 Landholding Agency: Air Force Property Number: 189110087 Patrick Air Force Base Property Number: 189430007 Status: Unutilized Co: Brevard FL 32925– Status: Unutilized Reason: Secured Area. Landholding Agency: Air Force Reason: Secured Area Extensive Bldg. 865 Property Number: 189320003 deterioration. Scott Air Force Base Status: Unutilized Belleville Co: St. Clair IL 62225– Idaho Reason: Secured Area, Within 2000 ft. of Landholding Agency: Air Force flammable or explosive material; Within Bldg. 1012 Property Number: 189130347 airport runway clear zone; Other. Mountain Home Air Force Base Status: Unutilized Comment: Extensive Deterioration. 7th Avenue (See County) Co: Elmore ID Reason: Secured Area. 83648– Bldg. 575 Indiana Patrick Air Force Base Landholding Agency: Air Force Co: Brevard FL 32925– Property Number: 189030004 Brookville Lake—Bldg. Landholding Agency: Air Force Status: Excess Brownsville Rd. in Union Property Number: 189320004 Reason: Within 2000 ft. of flammable or Liberty Co: Union IN 47353– Status: Unutilized explosive material. Landholding Agency: COE Property Number: 319440004 Reason: Secured Area; Within 2000 ft. of Bldg. 923 Status: Excess flammable or explosive material; Within Mountain Home Air Force Base Reason: Extensive deterioration. airport runway clear zone; Other. 7th Avenue (See County) Co: Elmore ID Comment: Extensive Deterioration. 83648– Iowa Bldg. 184, MacDill AFB Landholding Agency: Air Force Bldg. 00273 MacDill AFB Co: Hillsbourgh FL 33608- Property Number: 189030005 Sioux Gateway Airport Landholding Agency: Air Force Status: Excess Sioux Co: Woodbury IA 51110– Property Number: 189320100 Reason: Within 2000 ft. of flammable or Landholding Agency: Air Force Status: Unutilized explosive material. Property Number: 189310008 Reason: Extensive deterioration. Bldg. 604 Status: Unutilized Facility 90523 Mountain Home Air Force Base Reason: Secured Area. Cape Canaveral AFS Pine Street (See County) Co: Elmore ID Bldg. 00671 Cape Canaveral AFS Co: Brevard FL 83648– Sioux Gateway Airport Landholding Agency: Air Force Landholding Agency: Air Force Sioux Co: Woodbury IA 51110– Property Number: 189330001 Property Number: 189030006 Landholding Agency: Air Force Status: Underutilized Status: Excess Property Number: 189310009 Reason: Secured Area. Reason: Within 2000 ft. of flammable or Status: Unutilized Bldg. 921 explosive material. Reason: Other Patrick Air Force Base Bldg. 229 Comment: Fuel pump station. Co: Brevard FL 32925– Mt. Home Air Force Base Bldg. 00736 Landholding Agency: Air Force 1st Avenue and A Street Sioux Gateway Airport Property Number: 189430002 Mt. Home AFB Co: Elmore ID 83648– Sioux Co: Woodbury IA 51110– Status: Unutilized Landholding Agency: Air Force Landholding Agency: Air Force Reason: Within 2000 ft. of flammable or Property Number: 189040857 Property Number: 189310010 explosive material, Secured Area. Status: Unutilized Status: Unutilized Facility No. 01676V Reason: Within 2000 ft. of flammable or Reason: Other Cape Canaveral AFS explosive material. Within airport runway Comment: Pump station. Co: Brevard FL 32925– clear zone. Kansas Landholding Agency: Air Force Property Number: 189430003 Illinois Bldg. 1407 Status: Unutilized Bldg. 3191 McConnell Air Force Base Reason: Secured Area. Scott Air Force Base Wichita Co: Sedgwick KS 67221– Bldg. 2613 East Drive 375/ABG/DE Landholding Agency: Air Force Tyndall Air Force Base Scott AFB Co: St. Clair IL 62225–5001 Property Number: 189340029 Panama City Co: Bay FL 32403– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189010247 Reason: Within airport runway clear zone Property Number: 189430004 Status: Unutilized Secured Area. Status: Unutilized Reason: Within airport runway clear zone Bldg. 186 Reason: Secured Area; Extensive Secured Area. McConnell Air Force Base deterioration. Bldg. 3670 Wichita Co: Sedgwick KS 67221– 9380 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Landholding Agency: Air Force Landholding Agency: COE Chicopee Co: Hampden MA 01022– Property Number: 189340030 Property Number: 319120011 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189010438 Reason: Extensive deterioration Secured Reason: Floodway. Status: Unutilized Area. Office and Warehouse Reason: Secured Area. Bldg. 187 Green River Lock and Dam No. 3 Bldg. 1833 McConnell Air Force Base Rochester Co: Butler KY 42273– Westover Air Force Base Wichita Co: Sedgwick KS 67221– Location: Off State Hwy 369, which runs off Chicopee Co: Hampden MA 01022–5000 Landholding Agency: Air Force of Western Ky. Parkway Landholding Agency: Air Force Property Number: 189340031 Landholding Agency: COE Property Number: 189040002 Status: Unutilized Property Number: 319120012 Status: Unutilized Reason: Extensive deterioration Secured Status: Unutilized Reason: Secured Area. Area. Reason: Floodway. Trailers, Former Kimpel Prop. Kentucky 2 Pit Toilets South Egremont Spring House Green River Lock and Dam No. 3 Sheffield Co: Berkshire MA 01257– Kentucky River Lock and Dam No. 1 Rochester Co: Butler KY 42273– Landholding Agency: Interior Highway 320 Landholding Agency: COE Property Number: 619510003 Carrollton Co: Carroll KY 41008– Property Number: 319120013 Status: Excess Landholding Agency: COE Status: Unutilized Reason: Extensive deterioration. Property Number: 219040416 Reason: Floodway. Michigan Status: Unutilized Louisiana Bldg. 560 Reason: Other Bldg. 3477 Selfridge Air National Guard Base Comment: Spring House. Barksdale Air Force Base Selfridge Co: Macomb MI 48045– Building Davis Avenue Location: North end of airfield. Kentucky River Lock and Dam No. 4 Barksdale AFB Co: Bossier LA 71110–5000 Landholding Agency: Air Force 1021 Kentucky Avenue Landholding Agency: Air Force Property Number: 189010522 Frankfort Co: Franklin KY 40601–9999 Property Number: 189140015 Status: Unutilized Landholding Agency: COE Status: Unutilized Reason: Secured Area. Property Number: 219040417 Reason: Secured Area. Bldg. 5658 Status: Unutilized Maryland Selfridge Air National Guard Base Reason: Other Selfridge Co: Macomb MI 48045– Comment: Car Storage. Bldg. 4 Brandywine Storage Annex Location: Near South Perimeter Road, near Building 1776 ABW/DE Brandywine Road, Route 381 Building 590. Kentucky River Lock and Dam No. 4 Andrews AFB Co: Prince Georges MD 20613– Landholding Agency: Air Force 1021 Kentucky Avenue Landholding Agency: Air Force Property Number: 189010523 Frankfort Co: Franklin KY 40601–9999 Property Number: 189010261 Status: Unutilized Landholding Agency: COE Status: Unutilized Reason: Secured Area. Property Number: 219040418 Reason: Secured Area. Bldg. 580 Status: Unutilized Bldg. 5 Selfridge Air National Guard Base Reason: Other Selfridge Co: Macomb MI 48045– Comment: Coal Storage. Brandywine Storage Annex 1776 ABW/DE Brandywine Road, Route 381 Location: South end of airfield. Barn Andrews AFB Co: Prince Georges MD 20613– Landholding Agency: Air Force Kentucky River Lock and Dam No. 3 Landholding Agency: Air Force Property Number: 189010524 Highway 561 Property Number: 189010264 Status: Unutilized Pleasureville Co: Henry KY 40057– Status: Unutilized Reason: Secured Area. Landholding Agency: COE Reason: Secured Area. Bldg. 856 Property Number: 219040419 Bldg. 3427 Selfridge Air National Guard Base Status: Underutilized Selfridge Co: Macomb MI 48045– Reason: Other Andrews Air Force Base 3427 Pennsylvania Avenue Landholding Agency: Air Force Comment: 110 year old barn with crumbled Property Number: 189010525 foundation. Andrews AFB Co: Prince Georges MD 20335– Landholding Agency: Air Force Status: Unutilized Latrine Property Number: 189140016 Reason: Secured Area. Kentucky River Lock and Dam No. 3 Status: Unutilized Bldg. 1005 Highway 561 Reason: Secured Area. Selfridge Air National Guard Base Pleasureville Co: Henry KY 40057– Bldg. 3492 1005 C. Street Landholding Agency: COE Andrews Air Force Base Selfridge Co: Macomb MI 48045– Property Number: 319040009 Andrews AFB Co: Prince Georges MD 20335– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189010526 Reason: Other Property Number: 189340050 Status: Unutilized Comment: Detached Latrine. Status: Unutilized Reason: Secured Area. 6-Room Dwelling Reason: Secured Area. Bldg. 1012 Green River Lock and Dam No. 3 5 Training Facilities Selfridge Air National Guard Base Rochester Co: Butler KY 42273– Interagency Training Center 1012 A. Street Location: Off State Hwy 369, which runs off 10530 Riverview Road Selfridge Co: Macomb MI 48045– of Western Ky. Parkway Ft. Washington Co: Prince Georges MD Landholding Agency: Air Force Landholding Agency: COE 20744– Property Number: 189010527 Property Number: 319120010 Landholding Agency: GSA Status: Unutilized Status: Unutilized Property Number: 549440002 Reason: Secured Area. Reason: Floodway. Status: Excess Bldg. 1041 2-Car Garage Reason: Secured Area. Selfridge Air National Guard Base Green River Lock and Dam No. 3 Selfridge Co: Macomb MI 48045– Rochester Co: Butler KY 42273– Massachusetts Landholding Agency: Air Force Location: Off State Hwy 369, which runs off Bldg. 1900 Property Number: 189010528 of Western Ky. Parkway Westover Air Force Base Status: Unutilized Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9381 Reason: Secured Area. Landholding Agency: Air Force St. Louis Co: St. Louis MO 63125– Bldg. 1412 Property Number: 189010876 Landholding Agency: Air Force Selfridge Air National Guard Base Status: Excess Property Number: 189010730 1412 Castle Avenue Reason: Other Comment: Gasoline station. Status: Unutilized Selfridge Co: Macomb MI 48045– Bldg. 166 Reason: Secured Area. Landholding Agency: Air Force Calumet Air Force Station Bldg. 61 Property Number: 189010529 Calumet Co: Keweenaw MI 49913– Jefferson Barracks ANG Base Status: Unutilized Landholding Agency: Air Force 1 Grant Road, Missouri National Guard Reason: Secured Area. Property Number: 189010877 St. Louis Co: St. Louis MO 63125– Bldg. 1434 Status: Excess Landholding Agency: Air Force Selfridge Air National Guard Base Reason: Other Comment: Pump lift station. Property Number: 189010731 1434 Castle Avenue Bldg. 168 Status: Unutilized Selfridge Co: Macomb MI 48045– Calumet Air Force Station Reason: Secured Area. Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Tract 2222 Property Number: 189010530 Landholding Agency: Air Force Stockton Project Status: Unutilized Property Number: 189010878 Aldrich Co: Polk MO 65601– Reason: Secured Area. Status: Excess Landholding Agency: COE Bldg. 1688 Reason: Other Comment: Gasoline station. Property Number: 319510001 Selfridge Air National Guard Base Bldg. 69 Status: Excess Selfridge Co: Macomb MI 48045– Calumet Air Force Station Reason: Extensive deterioration. Location: Near South Perimeter Road, near Calumet Co: Keweenaw MI 49913– Montana Building 1694. Landholding Agency: Air Force Bldg. 280 Landholding Agency: Air Force Property Number: 189010889 Malmstrom AFB Property Number: 189010531 Status: Excess Flightline & Avenue G Status: Unutilized Reason: Other Comment: Sewer pump Malmstrom Co: Cascade MT 59402– Reason: Secured Area. facility. Landholding Agency: Air Force Bldg. 1689 Bldg. 2 Property Number: 189010077 Selfridge Air National Guard Base Calumet Air Force Station Status: Underutilized Selfridge Co: Macomb MI 48045– Calumet Co: Keweenaw MI 49913– Reason: Within 2000 ft. of flammable or Location: Near South Perimeter Road, near Landholding Agency: Air Force explosive material, Within airport runway Building 1694. Property Number: 189010890 clear zone, Secured Area, Other Landholding Agency: Air Force Status: Excess environmental. Property Number: 189010532 Reason: Other Comment: Water pump Bldg. 627 Status: Unutilized station. Malmstrom Air Force Base Reason: Secured Area. Minnesota 2nd St. and I Avenue Bldg. 5670 Great Falls Co.: Cascade MT 59402– Naval Weapons Industrial Selfridge Air National Guard Base Landholding Agency: Air Force Reserve Plant Selfridge Co: Macomb MI 48045– Property Number: 189010722 1902 West Minnehaha Landholding Agency: Air Force Status: Unutilized St. Paul Co: Ramsey MN Property Number: 189010533 Reason: Secured Area, Other environmental. Status: Unutilized Landholding Agency: GSA Property Number: 549410004 Bldg. 1991 Reason: Secured Area. Malmstrom Air Force Base Bldg. 71 Status: Excess Reason: Within 2000 ft. of flammable or Between Avenue G and H Calumet Air Force Station Malmstrom Co: Cascade MT 59405– Calumet Co: Keweenaw MI 49913– explosive material GSA Number: 2–N–MN–559. Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189040057 Property Number: 189010810 Missouri Status: Underutilized Status: Excess Bldg. 42 Reason: Secured Area, Other environmental. Reason: Other Comment: Sewage treatment Jefferson Barracks ANG Base Bldg. 440 and disposal facility. 1 Grant Road, Missouri National Guard Malmstrom Air Force Base Bldg. 99 (WATER WELL) St. Louis Co: St. Louis MO 63125– Great Falls Co: Cascade MT 59402–7525 Calumet Air Force Station Landholding Agency: Air Force Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Property Number: 189010726 Property Number: 189430008 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189010831 Reason: Secured Area. Reason: Extensive deterioration, Secured Status: Excess Bldg. 45 Area. Reason: Other Comment: Water well. Jefferson Barracks ANG Base Bldg. 444 Bldg. 100 (WATER WELL) 1 Grant Road, Missouri National Guard Malmstrom Air Force Base Calumet Air Force Station St. Louis Co: St. Louis MO 63125– Great Falls Co: Cascade MT 59402–7525 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189010728 Property Number: 189430009 Property Number: 189010832 Status: Unutilized Status: Unutilized Status: Excess Reason: Secured Area. Reason: Secured Area, Extensive Reason: Other Comment: Water well. Bldg. 46 deterioration. Bldg. 118 Jefferson Barracks ANG Base Bldg. 464 Calumet Air Force Station 1 Grant Road, Missouri National Guard Malmstrom Air Force Base Calumet Co: Keweenaw MI 49913– St. Louis Co: St. Louis MO 63125– Great Falls Co: Cascade MT 59402–7525 Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189010875 Property Number: 189010729 Property Number: 189430010 Status: Excess Status: Unutilized Status: Unutilized Reason: Other Comment: Gasoline station. Reason: Secured Area. Reason: Secured Area. Bldg. 120 Bldg. 47 Bldg. 495 Calumet Air Force Station Jefferson Barracks ANG Base Malmstrom Air Force Base Calumet Co: Keweenaw MI 49913– 1 Grant Road, Missouri National Guard Great Falls Co: Cascade MT 59402–7525 9382 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Landholding Agency: Air Force Malmstrom Air Force Base Property Number: 189240007 Property Number: 189430011 Malmstrom AFB Co: Cascade MT 59405– Status: Unutilized Status: Unutilized Landholding Agency: Air Force Reason: Secured Area. Reason: Secured Area. Property Number: 189510011 Bldg. 311 Bldg. 626 Status: Underutilized Offutt Air Force Base Malmstrom Air Force Base Reason: Secured Area, Within 2000 ft. of Nelson Drive Great Falls Co: Cascade MT 59402–7525 flammable or explosive material. Offutt Co: Sarpy NE 68113– Landholding Agency: Air Force Bldg. 622 Landholding Agency: Air Force Property Number: 189430012 Malmstrom Air Force Base Property Number: 189240008 Status: Unutilized Malmstrom AFB Co: Cascade MT 59405– Status: Unutilized Reason: Secured Area, Extensive Landholding Agency: Air Force Reason: Secured Area. deterioration. Property Number: 189510012 Bldg. 401 Bldg. 1882 Status: Unutilized Offutt Air Force Base Malmstrom Air Force Base Reason: Secured Area. Custer Drive Great Falls Co: Cascade MT 59402–7525 Bldg. 624 Offutt Co: Sarpy NE 68113– Landholding Agency: Air Force Malmstrom Air Force Base Landholding Agency: Air Force Property Number: 189430013 Malmstrom AFB Co: Cascade MT 59405– Property Number: 189240009 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area. Property Number: 189510013 Reason: Secured Area. Bldg. 205 Status: Unutilized Bldg. 416 Malmstrom Air Force Base Reason: Secured Area. Offutt Air Force Base Malmstrom AFB Co: Cascade MT 59405– Bldg. 625 Sherman Turnpike Landholding Agency: Air Force Malmstrom Air Force Base Offutt Co: Sarpy NE 68113– Property Number: 189510004 Malmstrom AFB Co: Cascade MT 59405– Landholding Agency: Air Force Status: Underutilized Landholding Agency: Air Force Property Number: 189240010 Reason: Within 2000 ft. of flammable or Property Number: 189510014 Status: Unutilized explosive material. Status: Unutilized Reason: Secured Area. Bldg. 210 Reason: Secured Area. Bldg. 417 Malmstrom Air Force Base Bldg. 1880 Offutt Air Force Base Malmstrom AFB Co: Cascade MT 59405– Malmstrom Air Force Base Sherman Turnpike Landholding Agency: Air Force Malmstrom AFB Co: Cascade MT 59405– Offutt Co: Sarpy NE 68113– Property Number: 189510005 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189510015 Property Number: 189240011 Reason: Secured Area, Extensive Status: Underutilized Status: Unutilized deterioration. Reason: Secured Area. Reason: Secured Area. Bldg. 245 Sioux Pass Radio Relay Tower Bldg. 545 Malmstrom Air Force Base 17 Miles South of Culbertson Offutt Air Force Base Malmstrom AFB Co: Cascade MT 59405– Co: Richland MT 57212– Offutt Co: Sarpy NE 68113– Landholding Agency: Air Force Landholding Agency: GSA Landholding Agency: Air Force Property Number: 189510006 Property Number: 549320012 Property Number: 189240012 Status: Underutilized Status: Excess Status: Unutilized Reason: Secured Area. Reason: Other Reason: Secured Area. Bldg. 246 Comment: No public access Bldg. 21 Malmstrom Air Force Base GSA Number: 7–F–MT–594. Hastings Radar Bomb Scoring Site Malmstrom AFB Co: Cascade MT 59405– Nebraska Hastings Co: Adams NE 68901– Landholding Agency: Air Force Landholding Agency: Air Force Offutt Communications Annex–#3 Property Number: 189320058 Property Number: 189510007 Offutt Air Force Base Status: Excess Status: Underutilized Scribner Co: Dodge NE 68031– Reason: Other Comment: Generator. Reason: Secured Area, Within 2000 ft. of Landholding Agency: Air Force flammable or explosive material. Property Number: 189210006 Bldg. 686 Bldg. 334 Status: Unutilized Offutt Air Force Base Malmstrom Air Force Base Reason: Other Offutt Co: Sarpy NE 68113– Malmstrom AFB Co: Cascade MT 59405– Comment: former sewage lagoon. Landholding Agency: Air Force Property Number: 189510021 Landholding Agency: Air Force Bldg. 637 Status: Unutilized Property Number: 189510008 Lincoln Municipal Airport Reason: Secured Area. Status: Underutilized 2301 West Adams Reason: Secured Area, Within 2000 ft. of Lincoln Co: Lancaster NE 68524– Bldg. 439 flammable or explosive material. Landholding Agency: Air Force Offutt Air Force Base Bldg. 335 Property Number: 189230021 Offutt Co: Sarpy NE 68113– Malmstrom Air Force Base Status: Unutilized Landholding Agency: Air Force Malmstrom AFB Co: Cascade MT 59405– Reason: Extensive deterioration. Property Number: 189510022 Status: Unutilized Landholding Agency: Air Force Bldg. 639 Reason: Secured Area. Property Number: 189510009 Lincoln Municipal Airport Status: Underutilized 2301 West Adams Nevada Reason: Secured Area, Within 2000 ft. of Lincoln Co: Lancaster NE 68524– Residence flammable or explosive material. Landholding Agency: Air Force 237 Southeast Street Bldg. 365 Property Number: 189230022 Fallon Co: Churchill NV 89406– Malmstrom Air Force Base Status: Unutilized Landholding Agency: Interior Malmstrom AFB Co: Cascade MT 59405– Reason: Extensive deterioration. Property Number: 619430013 Landholding Agency: Air Force Bldg. 31 Status: Unutilized Property Number: 189510010 Offutt Air Force Base Reason: Extensive deterioration. Status: Unutilized Sac Boulevard Storage Shed Reason: Secured Area. Offutt Co: Sarpy NE 68113– Fallon Rail Facility Bldg. 529 Landholding Agency: Air Force Fallon Co: Churchill NV 89406– Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9383 Landholding Agency: Interior Holloman Air Force Base Landholding Agency: Air Force Property Number: 619440004 Co: Otero NM 88330– Property Number: 189430016 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Extensive deterioration. Property Number: 189240037 Reason: Within airport runway clear zone; New Hampshire Status: Unutilized Secured Area. Reason: Secured Area. Bldg. 101 Bldg. 813 New Boston Air Force Station Bldg. 802 Holloman Air Force Base Co: Otero NM Amherst Co: Hillsborough NH 03031–1514 Holloman Air Force Base 88330– Landholding Agency: Air Force Co: Otero NM 88330– Landholding Agency: Air Force Property Number: 189320005 Landholding Agency: Air Force Property Number: 189430017 Status: Unutilized Property Number: 189240038 Status: Unutilized Reason: Within 2000 ft. of flammable or Status: Unutilized Reason: Secured Area. explosive material. Reason: Secured Area. Bldg. 821 Bldg. 102 Bldg. 1095 Holloman Air Force Base Co: Otero NM New Boston Air Force Station Holloman Air Force Base 88330– Amherst Co: Hillsborough NH 03031–1514 Co: Otero NM 88330– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189430018 Property Number: 189320006 Property Number: 189240039 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Secured Area. Reason: Within 2000 ft. of flammable or Reason: Secured Area. Bldg. 829 explosive material. Bldg. 1096 Holloman Air Force Base Co: Otero NM Bldg. 104 Holloman Air Force Base Co: Otero NM 88330– New Boston Air Force Station 88330– Landholding Agency: Air Force Amherst Co: Hillsborough NH 03031–1514 Landholding Agency: Air Force Property Number: 189430019 Landholding Agency: Air Force Property Number: 189240040 Status: Unutilized Property Number: 189320007 Status: Unutilized Reason: Within airport runway clear zone; Status: Unutilized Reason: Secured Area. Secured Area. Reason: Within 2000 ft. of flammable or Facility 321 Bldg. 867 explosive material. Holloman Air Force Base Co: Otero NM Holloman Air Force Base Co: Otero NM 88330– 88330– New Mexico Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 831 Property Number: 189240041 Property Number: 189430020 833 CSG/DEER Status: Unutilized Status: Unutilized Holloman AFB Co: Otero NM 88330– Reason: Secured Area. Reason: Secured Area. Landholding Agency: Air Force Facility 75115 Bldg. 884 Property Number: 189130333 Holloman Air Force Base Co: Otero NM Holloman Air Force Base Co: Otero NM Status: Unutilized 88330– 88330– Reason: Secured Area. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 21 Property Number: 189240042 Property Number: 189430021 Holloman Air Force Base Status: Unutilized Status: Unutilized Co: Otero NM 88330– Reason: Secured Area. Reason: Within airport runway clear zone; Landholding Agency: Air Force Bldg. 874 Secured Area. Property Number: 189240032 Holloman Air Force Base Co: Otero NM Bldg. 886 Status: Unutilized 88330– Holloman Air Force Base Co: Otero NM Reason: Secured Area. Landholding Agency: Air Force 88330– Bldg. 80 Property Number: 189320041 Landholding Agency: Air Force Holloman Air Force Base Status: Unutilized Property Number: 189430022 Co: Otero NM 88330– Reason: Secured Area; Other. Status: Unutilized Landholding Agency: Air Force Comment: Extensive Deterioration. Reason: Within airport runway clear zone; Property Number: 189240033 Bldg. 1258 Secured Area. Status: Unutilized Holloman Air Force Base Co: Otero NM Bldg. 908 Reason: Secured Area. 88330– Holloman Air Force Base Co: Otero NM Bldg. 98 Landholding Agency: Air Force 88330– Holloman Air Force Base Property Number: 189320042 Landholding Agency: Air Force Co: Otero NM 88330– Status: Unutilized Property Number: 189430023 Landholding Agency: Air Force Reason: Secured Area; Other. Status: Unutilized Property Number: 189240034 Comment: Extensive Deterioration. Reason: Secured Area. Status: Unutilized Bldg. 134 Bldg. 599 Reason: Secured Area. Holloman Air Force Base Co: Otero NM Holloman Air Force Base Co: Otero NM Bldg. 324 88330– 88330– Holloman Air Force Base Landholding Agency: Air Force Landholding Agency: Air Force Co: Otero NM 88330– Property Number: 189430014 Property Number: 189510001 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189240035 Reason: Secured Area. Reason: Secured Area. Status: Unutilized Bldg. 640 Bldg. 600 Reason: Secured Area. Holloman Air Force Base Co: Otero NM Holloman Air Force Base Co: Otero NM Bldg. 598 88330– 88330– Holloman Air Force Base Landholding Agency: Air Force Landholding Agency: Air Force Co: Otero NM 88330– Property Number: 189430015 Property Number: 189510002 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189240036 Reason: Secured Area. Reason: Secured Area. Status: Unutilized Bldg. 703 Tract 102–34 (Gravette Resid.) Reason: Secured Area. Holloman Air Force Base Co: Otero NM Lava Tubes District Bldg. 801 88330– Grants Co: Cibola NM 87020– 9384 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Landholding Agency: Interior Facility 135 914th Tactical Airlift Group Property Number: 619510005 Griffiss Air Force Base Niagara Falls Co: Niagara NY 14304–5000 Status: Unutilized Hanger Road Landholding Agency: Air Force Reason: Extensive deterioration. Rome Co: Oneida NY 13441–4520 Property Number: 189420013 Tract 102–37 (Abeita) Landholding Agency: Air Force Status: Unutilized Grants Co: Cibola NM 87020– Property Number: 189240022 Reason: Secured Area Landholding Agency: Interior Status: Unutilized Naval Indus. Rsv. Ordance Pl. Property Number: 619510006 Reason: Secured Area. 121 Lincoln Avenue Status: Excess Facility 137 Rochester Co: Monroe NY 14611– Reason: Extensive deterioration. Griffiss Air Force Base Landholding Agency: GSA Hanger Road Property Number: 549430011 New York Rome Co: Oneida NY 13441–4520 Status: Excess Bldg. 626 (Pin: RVKQ) Landholding Agency: Air Force Reason: Within 2000 ft. of flammable or Niagara Falls International Airport Property Number: 189240023 explosive material. 914th Tactical Airlift Group Status: Unutilized GSA Number: TENT–2–N–NY–592 Niagara Falls Co: Niagara NY 14303–5000 Reason: Secured Area. Point AuRoche Light Landholding Agency: Air Force Facility 138 Beekmantown Co: Clinton NY 12901– Property Number: 189010075 Griffiss Air Force Base Landholding Agency: GSA Status: Unutilized Hanger Road Property Number: 879420002 Reason: Within 2000 ft. of flammable or Rome Co: Oneida NY 13441–4520 Status: Excess explosive material; Secured Area. Landholding Agency: Air Force Reason: Floodway; Extensive deterioration. Bldg. 272 Property Number: 189240024 GSA Number: 2–4–NY–817. Griffiss Air Force Base Status: Unutilized North Carolina Rome Co; Oneida NY 13441– Reason: Secured Area. Landholding Agency: Air Force Bldg. 4230—Youth Center Facility 173 Property Number: 189140022 Cannon Ave. Griffiss Air Force Base Status: Excess Goldsboro Co: Wayne NC 27531–5005 Hanger Road Reason: Secured Area. Landholding Agency: Air Force Rome Co: Oneida NY 13441–4520 Property Number: 189120233 Bldg. 888 Landholding Agency: Air Force Griffiss Air Force Base Status: Underutilized Property Number: 189240025 Reason: Secured Area. Rome Co; Oneida NY 13441– Status: Unutilized Bldg 600, Pope Air Force Base Landholding Agency: Air Force Reason: Secured Area. Property Number: 189140023 Fayetteville Co: Cumberland NC 28308–2890 Facility 261 Status: Excess Landholding Agency: Air Force Reason: Secured Area. Griffiss Air Force Base Property Number: 189330035 Hanger Road Status: Unutilized Facility 814, Griffiss AFB Rome Co: Oneida NY 13441–4520 NE of Weapons Storage Area Reason: Extensive Deterioration; Secured Landholding Agency: Air Force Area. Rome Co: Oneida NY 13441– Property Number: 189240026 Landholding Agency: Air Force Bldg 602, Pope Air Force Base Status: Unutilized Fayetteville Co: Cumberland NC 28308–2890 Property Number: 189230001 Reason: Secured Area. Status: Excess Landholding Agency: Air Force Reason: Within airport runway clear zone; Facility 308 Property Number: 189330036 Secured Area. Griffiss Air Force Base Status: Unutilized Hanger Road Reason: Extensive Deterioration; Secured Facility 808, Griffiss AFB Rome Co: Oneida NY 13441–4520 Perimeter Road Area. Landholding Agency: Air Force Rome Co: Oneida NY 13441– Bldg 603, Pope Air Force Base Property Number: 189240027 Landholding Agency: Air Force Fayetteville Co: Cumberland NC 28308–2890 Status: Unutilized Property Number: 189230002 Landholding Agency: Air Force Reason: Secured Area. Status: Excess Property Number: 189330037 Reason: Within airport runway clear zone; Facility 1200 Status: Unutilized Secured Area. Griffiss Air Force Base Reason: Extensive Deterioration; Secured Hanger Road Facility 807, Griffiss AFB Area. Rome Co: Oneida NY 13441–4520 Perimeter Road Bldg 604, Pope Air Force Base Landholding Agency: Air Force Rome Co: Oneida NY 13441– Fayetteville Co: Cumberland NC 28308–2890 Landholding Agency: Air Force Property Number: 189240028 Landholding Agency: Air Force Property Number: 189230003 Status: Unutilized Property Number: 189330038 Status: Excess Reason: Secured Area. Status: Unutilized Reason: Within airport runway clear zone; Bldg. 759, Hancock Field Reason: Extensive Deterioration; Secured Secured Area. 6001 East Molloy Road Area. Facility 126 Syracuse Co: Onondago NY 13211–7099 Bldg 605, Pope Air Force Base Griffiss Air Force Base Landholding Agency: Air Force Fayetteville Co: Cumberland NC 28308–2890 Hanger Road Property Number: 189310007 Landholding Agency: Air Force Rome Co: Oneida NY 13441–4520 Status: Unutilized Property Number: 189330039 Landholding Agency: Air Force Reason: Extensive deterioration; Secured Status: Unutilized Property Number: 189240020 Area. Reason: Extensive Deterioration; Secured Status: Unutilized Facility 841 Area. Reason: Secured Area. Griffiss Air Force Base Bldg 606, Pope Air Force Base Facility 127 Hanger Road Fayetteville Co: Cumberland NC 28308–2890 Griffiss Air Force Base Rome Co: Oneida NY 13441–4520 Landholding Agency: Air Force Hanger Road Landholding Agency: Air Force Property Number: 189330040 Rome Co: Oneida NY 13441–4520 Property Number: 189330097 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Extensive Deterioration; Secured Property Number: 189240021 Reason: Secured Area Area. Status: Unutilized Bldg. 852 Bldg 607, Pope Air Force Base Reason: Secured Area. Niagara Falls International Airport Fayetteville Co: Cumberland NC 28308–2890 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9385 Landholding Agency: Air Force Reason: Secured Area, Extensive Landholding Agency: Air Force Property Number: 189330041 deterioration. Property Number: 189220015 Status: Unutilized North Dakota Status: Unutilized Reason: Extensive Deterioration; Secured Reason: Secured Area. Area. Bldg. 422 Minot Air Force Base Bldg. 405, Test Cell Bldg 612, Pope Air Force Base Minot Co: Ward ND 58705– 910 Airlift Group Fayetteville Co: Cumberland NC 28308–2890 Landholding Agency: Air Force Kings-Graves Road Landholding Agency: Air Force Property Number: 189010724 Vienna Co: Trumbull OH 44473–5000 Property Number: 189330042 Status: Underutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area. Property Number: 189220016 Reason: Extensive Deterioration; Secured Status: Unutilized Area. Bldg. 50 Reason: Secured Area. Fortuna Air Force Station Bldg 619, Pope Air Force Base Extreme northwestern corner of North Dakota Lab Fayetteville Co: Cumberland NC 28308–2890 Fortuna Co: Divide ND 58844– Ohio River Division Laboratories Landholding Agency: Air Force Landholding Agency: Air Force Mariemont Co: Hamilton OH 15227–4217 Property Number: 189330043 Property Number: 189310107 Landholding Agency: COE Status: Unutilized Status: Excess Property Number: 319510002 Reason: Extensive Deterioration; Secured Reason: Other. Status: Unutilized Area. Comment: Garbage incinerator. Reason: Secured Area. Bldg. 6606 Bldg. 119 Storage Facility Pope Air Force Base Minot Air Force Base Ohio River Division Laboratories Fayetteville Co: Cumberland NC 28308–2890 Minot Co: Ward ND 58701– Mariemont Co: Hamilton OH 15227–4217 Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: COE Property Number: 189330044 Property Number: 189320034 Property Number: 319510003 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Extensive deterioration; Secured Reason: Secured Area. Reason: Secured Area. Area. Bldg. 191 Office Building Bldg. 255, Pope Air Force Base Minot Air Force Base Ohio River Division Laboratories Fayetteville Co: Cumberland NC 28308–2003 Minot Co: Ward ND 58701– Mariemont Co: Hamilton OH 15227–4217 Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: COE Property Number: 189420019 Property Number: 189320035 Property Number: 319510004 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Secured Area, Extensive Reason: Secured Area. Reason: Secured Area. deterioration. Bldg. 490 Oklahoma Bldg. 370, Pope Air Force Base Minot Air Force Base Fayetteville Co: Cumberland NC 28308–2003 Bldg. 604 Minot Co: Ward ND 58701– Landholding Agency: Air Force Vance Air Force Base Landholding Agency: Air Force Property Number: 189420020 Enid Co: Garfield OK 73705–5000 Property Number: 189320036 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area, Extensive Property Number: 189010204 Reason: Secured Area. deterioration. Status: Unutilized Bldg. 509 Reason: Secured Area, Within 2000 ft. of Bldg. 904, Pope Air Force Base Minot Air Force Base flammable or explosive material. Fayetteville Co: Cumberland NC 28308–2003 Minot Co: Ward ND 58701– Pennsylvania Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189420021 Property Number: 189320037 Tract 435 Status: Unutilized Status: Unutilized Grays Landing Lock & Dam Project Reason: Secured Area, Extensive Reason: Secured Area. Greensboro Co: Greene PA 15338– deterioration. Landholding Agency: COE Bldg. 526 Property Number: 319430003 Bldg. 910, Pope Air Force Base Minot Air Force Base Status: Unutilized Fayetteville Co: Cumberland NC 28308–2003 Minot Co: Ward ND 58701– Reason: Extensive deterioration. Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189420022 Property Number: 189320038 Tract 427 Status: Unutilized Status: Unutilized Grays Landing Lock & Dam Project Reason: Secured Area, Extensive Reason: Secured Area. New Geneva Co: Fayette PA 15467– deterioration. Landholding Agency: COE Bldg. 895 Property Number: 319430004 Bldg. 912, Pope Air Force Base Minot Air Force Base Status: Unutilized Fayetteville Co: Cumberland NC 28308–2003 Minot Co: Ward ND 58701– Reason: Extensive deterioration. Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189420023 Property Number: 189320039 Tract 426 Status: Unutilized Status: Unutilized Grays Landing Lock & Dam Project Reason: Secured Area, Extensive Reason: Secured Area. New Geneva Co: Fayette PA 15467– deterioration. Landholding Agency: COE Bldg. 1019 Property Number: 319430005 Bldg. 914, Pope Air Force Base Minot Air Force Base Status: Unutilized Fayetteville Co: Cumberland NC 28308–2003 Minot Co: Ward ND 58701– Reason: Extensive deterioration. Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189420024 Property Number: 189320040 Tract 405 Status: Unutilized Status: Unutilized Grays Landing Lock & Dam Project Reason: Secured Area, Extensive Reason: Secured Area. Greensboro Co: Greene PA 15338– deterioration. Landholding Agency: COE Bldg. 462, Pope Air Force Base Ohio Property Number: 319430006 Fayetteville Co: Cumberland NC 28308–2402 Bldg. 404, Hydrant Fuel Status: Unutilized Landholding Agency: Air Force 910 Airlift Group Reason: Extensive deterioration. Property Number: 189510003 Kings-Graves Road Tract 358 Status: Unutilized Vienna Co: Trumbull OH 44473–5000 Grays Landing Lock & Dam Project 9386 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Greensboro Co: Greene PA 15338– Ellsworth AFB Co: Pennington SD 57706– Property Number: 189340040 Landholding Agency: COE Landholding Agency: Air Force Status: Unutilized Property Number: 319430007 Property Number: 189320053 Reason: Secured Area. Status: Unutilized Status: Unutilized Bldg. 4101 Reason: Extensive deterioration. Reason: Extensive deterioration. Ellsworth Air Force Base Tract 356 Bldg. 00605 Ellsworth AFB Co: Meade SD 57706– Grays Landing Lock & Dam Project Ellsworth Air Force Base Landholding Agency: Air Force Greensboro Co: Greene PA 15338– Ellsworth AFB Co: Pennington SD 57706– Property Number: 189340041 Landholding Agency: COE Landholding Agency: Air Force Status: Unutilized Property Number: 319430008 Property Number: 189320054 Reason: Secured Area. Status: Unutilized Status: Underutilized Bldg. 4100 Reason: Extensive deterioration. Reason: Secured Area. Ellsworth Air Force Base Puerto Rico Bldg. 88535 Ellsworth AFB Co: Meade SD 57706– Landholding Agency: Air Force Bldg. 10 Ellsworth Air Force Base Property Number: 189340042 Punta Salinas Radar Site Ellsworth AFB Co: Meade SD 57706– Status: Unutilized Toa Baja Co: Toa Baja PR 00759– Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: Air Force Property Number: 189340032 Property Number: 189010544 Status: Unutilized Bldg. 3016 Status: Underutilized Reason: Secured Area. Ellsworth Air Force Base Reason: Secured Area. Bldg. 88470 Ellsworth AFB Co: Meade SD 57706– Ellsworth Air Force Base Landholding Agency: Air Force South Dakota Ellsworth AFB Co: Meade SD 57706– Property Number: 189340043 Bldg. 88513 Landholding Agency: Air Force Status: Unutilized Ellsworth Air Force Base Property Number: 189340033 Reason: Within 2000 ft. of flammable or Porter Avenue Status: Unutilized explosive material; Other; Secured Area. Ellsworth AFB Co: Meade SD 57706– Reason: Within 2000 ft. of flammable or Comment: Waste treatment bldg. Landholding Agency: Air Force explosive material; Secured Area. Bldg. 1115 Property Number: 189210001 Bldg. 88304 Ellsworth Air Force Base Status: Unutilized Ellsworth Air Force Base Ellsworth AFB Co: Meade SD 57706– Reason: Extensive deterioration. Ellsworth AFB Co: Meade SD 57706– Landholding Agency: Air Force Bldg. 88501 Landholding Agency: Air Force Property Number: 189340044 Ellsworth Air Force Base Property Number: 189340034 Status: Unutilized Ellsworth AFB Co: Meade SD 57706– Status: Unutilized Reason: Secured Area. Landholding Agency: Air Force Reason: Within 2000 ft. of flammable or Bldg. 1210 Property Number: 189210002 explosive material; Other; Secured Area. Ellsworth Air Force Base Status: Unutilized Comment: Extensive deterioration. Ellsworth AFB Co: Meade SD 57706– Reason: Extensive deterioration. Bldg. 9011 Landholding Agency: Air Force Bldg. 200, South Nike Ed Annex Ellsworth Air Force Base Property Number: 189340045 Ellsworth Air Force Base Ellsworth AFB Co: Meade SD 57706– Status: Unutilized Ellsworth AFB Co: Pennington SD 57706– Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: Air Force Property Number: 189340035 Bldg. 1112 Property Number: 189320048 Status: Unutilized Ellsworth Air Force Base Status: Unutilized Reason: Within 2000 ft. of flammable or Ellsworth AFB Co: Meade SD 57706– Reason: Extensive deterioration. explosive material; Other; Secured Area. Landholding Agency: Air Force Bldg. 201, South Nike Ed Annex Comment: Extensive deterioration. Property Number: 189340046 Ellsworth Air Force Base Bldg. 7506 Status: Unutilized Ellsworth AFB Co: Pennington SD 57706– Ellsworth Air Force Base Reason: Secured Area. Landholding Agency: Air Force Ellsworth AFB Co: Meade SD 57706– Bldg. 1110 Property Number: 189320049 Landholding Agency: Air Force Ellsworth Air Force Base Status: Unutilized Property Number: 189340037 Ellsworth AFB Co: Meade SD 57706– Reason: Extensive deterioration. Status: Unutilized Landholding Agency: Air Force Bldg. 203, South Nike Ed Annex Reason: Secured Area. Property Number: 189340047 Ellsworth Air Force Base Bldg. 6908 Status: Unutilized Ellsworth AFB Co: Pennington SD 57706– Ellsworth Air Force Base Reason: Secured Area. Landholding Agency: Air Force Ellsworth AFB Co: Meade SD 57706– Bldg. 606 Property Number: 189320050 Landholding Agency: Air Force Ellsworth Air Force Base Status: Unutilized Property Number: 189340038 Ellsworth AFB Co: Meade SD 57706– Reason: Extensive deterioration. Status: Unutilized Landholding Agency: Air Force Bldg. 204, South Nike Ed Annex Reason: Within 2000 ft. of flammable or Property Number: 189340048 Ellsworth Air Force Base explosive material; Other; Secured Area. Status: Unutilized Ellsworth AFB Co: Pennington SD 57706– Comment: Extensive deterioration. Reason: Within 2000 ft. of flammable or explosive material; Secured Area. Landholding Agency: Air Force Bldg. 6904 Property Number: 189320051 Ellsworth Air Force Base Bldg. 6905, Ellsworth AFB Status: Unutilized Ellsworth AFB Co: Meade SD 57706– Ellsworth AFB Co: Pennington SD 57706– Reason: Extensive deterioration. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 205, South Nike Ed Annex Property Number: 189340039 Property Number: 189440010 Ellsworth Air Force Base Status: Unutilized Status: Underutilized Ellsworth AFB Co: Pennington SD 57706– Reason: Within 2000 ft. of flammable or Reason: Secured Area. Landholding Agency: Air Force explosive material; Other; Secured Area. Tennessee Property Number: 189320052 Comment: Extensive deterioration. Bldg. 204 Status: Unutilized Bldg. 4102 Cordell Hull Lake and Dam Project. Reason: Extensive deterioration. Ellsworth Air Force Base Defeated Creek Recreation Area Bldg. 206, South Nike Ed Annex Ellsworth AFB Co: Meade SD 57706– Carthage Co: Smith TN 37030– Ellsworth Air Force Base Landholding Agency: Air Force Location: US Highway 85 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9387 Landholding Agency: COE Saginaw Army Aircraft Plant Reason: Within 2000 ft. of flammable or Property Number: 319011499 Saginaw Co: Tarrant TX 76070– explosive material; Secured Area. Status: Unutilized Landholding Agency: GSA Bldg. 1429 Reason: Floodway. Property Number: 219014823 Fairchild AFB Tract 2618 (Portion) Status: Excess Fairchild Co: Spokane WA 99011– Cordell Hull Lake and Dam Project Reason: Other. Landholding Agency: Air Force Roaring River Recreation Area Comment: Pump house. Property Number: 189010147 Gainesboro Co: Jackson TN 38562– GSA Number: 7–D–TX–879A. Status: Unutilized Location: TN Highway 135 Utah Reason: Within 2000 ft. of flammable or Landholding Agency: COE explosive material; Secured Area. Bldg. 789 Property Number: 319011503 Hill Air Force Base Bldg. 1464 Status: Underutilized (See County) Co: Davis UT 84056– Fairchild AFB Reason: Floodway. Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Water Treatment Plant Property Number: 189040859 Landholding Agency: Air Force Dale Hollow Lake & Dam Project Status: Unutilized Property Number: 189010148 Obey River Park, State Hwy 42 Reason: Within airport runway clear zone; Status: Unutilized Livingston Co; Clay TN 38351– Secured Area. Reason: Within 2000 ft. of flammable or Landholding Agency: COE explosive material; Secured Area Washington Property Number: 319140011 Bldg. 1465 Status: Excess Bldg. 640 Fairchild AFB Reason: Other. Fairchild AFB Fairchild Co: Spokane WA 99011– Comment: water treatment plant. Fairchild Co: Spokane WA 99011– Landholding Agency: Air Force Water Treatment Plant Landholding Agency: Air Force Property Number: 189010149 Dale Hollow Lake & Dam Project Property Number: 189010139 Status: Unutilized Lillydale Recreation Area, State Hwy 53 Status: Unutilized Reason: Within 2000 ft. of flammable or Livingston Co; Clay TN 38351– Reason: Secured Area. explosive material; Secured Area. Landholding Agency: COE Bldg. 641 Bldg. 1466 Property Number: 319140012 Fairchild AFB Fairchild AFB Status: Excess Fairchild Co: Spokane WA 99011– Fairchild Co: Spokane WA 99011– Reason: Other. Landholding Agency: Air Force Landholding Agency: Air Force Comment: water treatment plant. Property Number: 189010140 Property Number: 189010150 Water Treatment Plant Status: Unutilized Status: Unutilized Dale Hollow Lake & Dam Project Reason: Secured Area. Reason: Within 2000 ft. of flammable or Willow Grove Recreational Area, Hwy No. 53 Bldg. 642 explosive material; Secured Area. Livingston Co; Clay TN 38351– Fairchild AFB Bldg. 3503 Landholding Agency: COE Fairchild Co: Spokane WA 99011– Fairchild AFB Property Number: 319140013 Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Status: Excess Property Number: 189010141 Landholding Agency: Air Force Reason: Other. Status: Unutilized Property Number: 189010151 Comment: water treatment plant. Reason: Secured Area. Status: Unutilized Texas Bldg. 643 Reason: Secured Area. Bldg. 400 Fairchild AFB Bldg. 3504 Laughlin Air Force Base Fairchild Co: Spokane WA 99011– Fairchild AFB Val Verde Co: Val Verde TX 78843–5000 Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Location: Six miles on Highway 90 east of Property Number: 189010142 Landholding Agency: Air Force Del Rio, Texas. Status: Unutilized Property Number: 189010152 Landholding Agency: Air Force Reason: Secured Area. Status: Unutilized Property Number: 189010173 Bldg. 645 Reason: Secured Area. Status: Unutilized Fairchild AFB Bldg. 3505 Reason: Within 2000 ft. of flammable or Fairchild Co: Spokane WA 99011– Fairchild AFB explosive material; Within airport runway Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– clear zone. Property Number: 189010143 Landholding Agency: Air Force Bldg. 40 Status: Unutilized Property Number: 189010153 Laughlin Air Force Base Co: Val Verde TX Reason: Secured Area. Status: Unutilized 78843–5000 Bldg. 646 Reason: Secured Area. Landholding Agency: Air Force Fairchild AFB Bldg. 3506 Property Number: 189420014 Fairchild Co: Spokane WA 99011– Fairchild AFB Status: Unutilized Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Reason: Extensive deterioriation. Property Number: 189010144 Landholding Agency: Air Force Bldg. 107 Status: Unutilized Property Number: 189010154 Laughlin Air Force Base Co: Val Verde TX Reason: Secured Area. Status: Unutilized 78843–5000 Bldg. 647 Reason: Secured Area. Landholding Agency: Air Force Fairchild AFB Bldg. 3507 Property Number: 189420015 Fairchild Co: Spokane WA 99011– Fairchild AFB Status: Unutilized Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Reason: Extensive deterioriation. Property Number: 189010145 Landholding Agency: Air Force Bldg. 119 Status: Unutilized Property Number: 189010155 Laughlin Air Force Base Co: Val Verde TX Reason: Secured Area. Status: Unutilized 78843–5000 Bldg. 1415 Reason: Secured Area. Landholding Agency: Air Force Fairchild AFB Bldg. 3510 Property Number: 189420016 Fairchild Co: Spokane WA 99011– Fairchild AFB Status: Unutilized Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Reason: Extensive deterioriation. Property Number: 189010146 Landholding Agency: Air Force Bldg. 14 Status: Unutilized Property Number: 189010156 9388 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Status: Unutilized Bldg. 2143 Reason: Within 2000 ft. of flammable or Reason: Secured Area. Fairchild Air Force Base explosive material; Secured Area. Bldg. 3514 Fairchild AFB Co: Spokane WA 99011– Bldg. 2004 Fairchild AFB Landholding Agency: Air Force Fairchild Air Force Base Fairchild Co: Spokane WA 99011– Property Number: 189310059 Fairchild AFB Co: Spokane WA 99011– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189010157 Reason: Secured Area; Within 2000 ft. of Property Number: 189330093 Status: Unutilized flammable or explosive material. Status: Unutilized Reason: Secured Area. Bldg. 2385 Reason: Secured Area. Bldg. 3518 Fairchild Air Force Base Bldg. 2018 Fairchild AFB Fairchild AFB Co: Spokane WA 99011– Fairchild Air Force Base Fairchild Co: Spokane WA 99011– Landholding Agency: Air Force Fairchild AFB Co: Spokane WA 99011– Landholding Agency: Air Force Property Number: 189310060 Landholding Agency: Air Force Property Number: 189010158 Status: Unutilized Property Number: 189330094 Status: Unutilized Reason: Secured Area. Status: Unutilized Reason: Secured Area. Bldg. 3509 Reason: Within 2000 ft. of flammable or Bldg. 3521 Fairchild Air Force Base explosive material; Secured Area. Fairchild AFB Fairchild AFB Co: Spokane WA 99011– Bldg. 2150 Fairchild Co: Spokane WA 99011– Landholding Agency: Air Force Fairchild Air Force Base Landholding Agency: Air Force Property Number: 189310061 Fairchild AFB Co: Spokane WA 99011– Property Number: 189010159 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area. Property Number: 189330095 Reason: Secured Area. Bldg. 1405 Status: Unutilized Bldg. 100, Geiger Heights Fairchild Air Force Base Reason: Within 2000 ft. of flammable or Grove and Hallet Streets Fairchild AFB Co: Spokane WA 99011– explosive material; Secured Area. Fairchild AFB Co: Spokane WA 99204– Landholding Agency: Air Force Bldg. 2164 Landholding Agency: Air Force Property Number: 189310062 Fairchild Air Force Base Property Number: 189210004 Status: Unutilized Fairchild AFB Co: Spokane WA 99011– Status: Unutilized Reason: Secured Area; Within 2000 ft. of Landholding Agency: Air Force Reason: Extensive deterioration. flammable or explosive material. Property Number: 189330096 Bldg. 261 Facility 1468 Status: Unutilized Fairchild Air Force Base Fairchild Air Force Base Reason: Within 2000 ft. of flammable or Fairchild AFB Co: Spokane WA 99011– Fairchild AFB Co: Spokane WA 99011– explosive material; Secured Area. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 875 Property Number: 189310053 Property Number: 189310063 Portion, Ft. Vancouver Barracks Status: Unutilized Status: Unutilized E. 10th & Cabell Road, I–95 North Reason: Secured Area. Reason: Secured Area; Within 2000 ft. of Vancouver WA Bldg. 284 flammable or explosive material. Landholding Agency: GSA Fairchild Air Force Base Facility 1469 Property Number: 549430002 Fairchild AFB Co: Spokane WA 99011– Fairchild Air Force Base Status: Excess Landholding Agency: Air Force Fairchild AFB Co: Spokane WA 99011– Reason: Extensive deterioration. Property Number: 189310054 Landholding Agency: Air Force GSA Number: 9–D–WA–500L. Status: Unutilized Property Number: 189310064 Cabins 896 & 897 Reason: Secured Area. Status: Unutilized Olympic National Park Facility 923 Reason: Secured Area; Within 2000 ft. of Port Angeles Co: Clallam WA 98362– Fairchild Air Force Base flammable or explosive material. Landholding Agency: Interior Fairchild AFB Co: Spokane WA 99011– Property Number: 619510002 Landholding Agency: Air Force Facility 2450 Fairchild Air Force Base Status: Unutilized Property Number: 189310055 Reason: Extensive deterioration. Status: Unutilized Fairchild AFB Co: Spokane WA 99011– Reason: Secured Area. Landholding Agency: Air Force Wisconsin Property Number: 189310065 Bldg. 1330 Bldg. 204, 440 Airlift Wing Status: Unutilized Fairchild Air Force Base Gen. Mitchell IAP Reason: Secured Area; Within 2000 ft. of Fairchild AFB Co: Spokane WA 99011– Milwaukee Co: Milwaukee WI 53207–6299 flammable or explosive material. Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189310056 Bldg. 1, Waste Annex Property Number: 189320032 Status: Unutilized West of Craig Road Co: Spokane WA 99022– Status: Unutilized Reason: Secured Area; Within 2000 ft. of Landholding Agency: Air Force Reason: Secured Area. flammable or explosive material. Property Number: 189320043 Bldg. 306, 440 Airlift Wing Bldg. 1336 Status: Unutilized Gen. Mitchell IAP Fairchild Air Force Base Reason: Secured Area. Milwaukee Co: Milwaukee WI 53207–6299 Fairchild AFB Co: Spokane WA 99011– Bldg. 1220 Landholding Agency: Air Force Landholding Agency: Air Force Fairchild Air Force Base Property Number: 189320033 Property Number: 189310057 Fairchild AFB Co: Spokane WA 99011– Status: Unutilized Status: Unutilized Landholding Agency: Air Force Reason: Secured Area. Reason: Secured Area; Within 2000 ft. of Property Number: 189330091 flammable or explosive material. Status: Unutilized Wyoming Bldg. 2000 Reason: Within 2000 ft. of flammable or Bldg. 31 Fairchild Air Force Base explosive material; Secured Area. F.E. Warren Air Force Base Fairchild AFB Co: Spokane WA 99011– Bldg. 1224 Cheyenne Co: Laramie WY 82005– Landholding Agency: Air Force Fairchild Air Force Base Landholding Agency: Air Force Property Number: 189310058 Fairchild AFB Co: Spokane WA 99011– Property Number: 189010198 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area; Within 2000 ft. of Property Number: 189330092 Reason: Secured Area. flammable or explosive material. Status: Unutilized Bldg. 34 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9389 F.E. Warren Air Force Base Status: Unutilized Status: Underutilized Cheyenne Co: Laramie WY 82005– Reason: Secured Area. Reason: Floodway. Landholding Agency: Air Force Bldg. 808 Alaska Property Number: 189010199 Warren Air Force Base Campion Air Force Station Status: Unutilized Cheyenne Co: Laramie WY 82005– 21 CSG/DEER Reason: Secured Area. Landholding Agency: Air Force Elmendorf AFB Co: Anchorage AK 99506– Bldg. 37 Property Number: 189410001 5000 F.E. Warren Air Force Base Status: Unutilized Landholding Agency: Air Force Cheyenne Co: Laramie WY 82005– Reason: Secured Area. Property Number: 189010430 Landholding Agency: Air Force Bldg. 844 Status: Unutilized Property Number: 189010200 Warren Air Force Base Reason: Other; Isolated area; Not accessible Status: Unutilized Cheyenne Co: Laramie WY 82005– by road. Reason: Secured Area. Landholding Agency: Air Force Comment: Isolated and remote area; Arctic Bldg. 284 Property Number: 189410002 environment. F.E. Warren Air Force Base Status: Unutilized Lake Louise Recreation Cheyenne Co: Laramie WY 82005– Reason: Secured Area. 21 CSG–DEER Landholding Agency: Air Force Bldg. 848 Elmendorf AFB Co: Anchorage AK 99506– Property Number: 189010201 Warren Air Force Base 5000 Status: Unutilized Cheyenne Co: Laramie WY 82005– Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: Air Force Property Number: 189010431 Bldg. 385 Property Number: 189410003 Status: Unutilized F.E. Warren Air Force Base Status: Unutilized Reason: Other; Isolated area; Not accessible Cheyenne Co: Laramie WY 82005– Reason: Secured Area. by road. Landholding Agency: Air Force Bldg. 362 Comment: Isolated and remote area; Arctic Property Number: 189010202 Warren Air Force Base coast. Status: Unutilized Cheyenne Co: Laramie WY 82005– Nikolski Radio Relay Site Reason: Secured Area. Landholding Agency: Air Force 21 CSG/DEER Bldg. 803 Property Number: 189420017 Elmendorf AFB Co: Anchorage AK 99506– F.E. Warren Air Force Base Status: Unutilized 5000 Cheyenne Co: Laramie WY 82005– Reason: Secured Area. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 342 Property Number: 189010432 Property Number: 189010203 Warren Air Force Base Status: Unutilized Status: Unutilized Cheyenne Co: Laramie WY 82005– Reason: Other; Isolated area; Not accessible Reason: Secured Area. Landholding Agency: Air Force by road. Bldg. 802 Property Number: 189420018 Comment: Isolated and remote area; Arctic Warren Air Force Base Status: Unutilized coast. Cheyenne Co: Laramie WY 82005–5000 Reason: Secured Area. Arizona Landholding Agency: Air Force Bldg. 810 Portion, Gila River Property Number: 189240001 Warren Air Force Base Buckeye Co: Maricopa AZ 85337– Status: Unutilized Cheyenne Co: Laramie WY 82005– Reason: Secured Area. Landholding Agency: Air Force Landholding Agency: GSA Bldg. 804 Property Number: 189510016 Property Number: 549240005 Warren Air Force Base Status: Unutilized Status: Excess Cheyenne Co: Laramie WY 82005–5000 Reason: Secured Area. Reason: Floodway. GSA Number: 9–GR–AZ–533. Landholding Agency: Air Force Bldg. 830 Property Number: 189240002 Warren Air Force Base Salt River Vortac Status: Unutilized Cheyenne Co: Laramie WY 82005– North of intersection of Price Rd. & 1st St. Reason: Secured Area. Landholding Agency: Air Force Mesa Co: Maricopa AZ 85201– Bldg. 805 Property Number: 189510017 Landholding Agency: GSA Warren Air Force Base Status: Unutilized Property Number: 549330008 Cheyenne Co: Laramie WY 82005–5000 Reason: Secured Area. Status: Excess Reason: Other Landholding Agency: Air Force Bldg. 826 Comment: No legal access. Property Number: 189240003 Warren Air Force Base GSA Number: 9–U–AZ–624. Status: Unutilized Cheyenne Co: Laramie WY 82005– Reason: Secured Area. Landholding Agency: Air Force Santa Fe Pacific Pipelines Bldg. 806 Property Number: 189510018 Avenue 7E North from Hwy. 95 Warren Air Force Base Status: Unutilized Yuma Co: Yuma AZ 85364– Cheyenne Co: Laramie WY 82005–5000 Reason: Secured Area. Landholding Agency: Interior Landholding Agency: Air Force Property Number: 619420003 Property Number: 189240004 Land (by State) Status: Unutilized Status: Unutilized Alabama Reason:: Secured Area. Reason: Secured Area. Tract A–152, Demopolis Lake California Bldg. 2780 West Jackson Street Central Valley Project Warren Air Force Base Demopolis Co: Marengo AL 36732– San Luis Drain Cheyenne Co: Laramie WY 82005–5000 Landholding Agency: COE Tracy Co: San Joaquin CA 95376– Landholding Agency: Air Force Property Number: 319440005 Landholding Agency: GSA Property Number: 189240005 Status: Underutilized Property Number: 549230003 Status: Unutilized Reason: Floodway. Status: Excess Reason: Secured Area. Old Lock 9 Reason: Other Bldg. 2781 Armistead I. Selden Comment: Landlocked. Warren Air Force Base Sec. 5 & 8, Twp. 23 North, Range 4 East Co: GSA Number: 9–I–CA–1325. Cheyenne Co: Laramie WY 82005–5000 Green AL 35462– Parcel B Landholding Agency: Air Force Landholding Agency: COE Santa Rosa Co: Sonoma CA Property Number: 189240006 Property Number: 319440006 Landholding Agency: GSA 9390 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Property Number: 549310016 Status: Underutilized Pomp Co: Morgan KY Status: Excess Reason: Floodway. Landholding Agency: COE Reason: Other Tract 1358 Property Number: 319240006 Comment: Sewage Treatment Plant. Barkley Lake, Kentucky and Tennessee Status: Underutilized GSA Number: 9–G–CA–580C. Eddyville Recreation Area Reason: Floodway. Portion of Lot 7 Eddyville Co: Lyon KY 42038– Maryland Former State of California Land/Stockpile Location: US Highway 62 to state highway Land Yreka Co: Siskiyou CA 93. Brandywine Storage Annex Landholding Agency: GSA Landholding Agency: COE 1776 ABW/DE Brandywine Road, Route 381 Property Number: 549330006 Property Number: 319010043 Andrews AFB Co: Prince Georges MD 20613– Status: Excess Status: Excess Landholding Agency: Air Force Reason: Other Reason: Floodway. Property Number: 189010263 Comment: Inaccessible. Red River Lake Project Status: Unutilized GSA Number: 9–G–CA–956A. Stanton Co: Powell KY 40380– Reason: Secured Area. L–5 Pumping Station Location: Exit Mr. Parkway at the Stanton Tract 131R LaQuinta Co: Riverside CA 92253– and Slade Interchange, then take SR Hand Youghiogheny River Lake, Rt. 2, Box 100 Landholding Agency: Interior 15 north to SR 613. Friendsville Co: Garrett MD Property Number: 619420002 Landholding Agency: COE Landholding Agency: COE Status: Unutilized Property Number: 319011684 Property Number: 319240007 Reason: Secured Area; Other. Status: Unutilized Status: Underutilized Comment: Pumping Station. Reason: Floodway. Reason: Floodway. Florida Barren River Lock & Dam No. 1 Minnesota Land Richardsville Co: Warren KY 42270– Parcel G MacDill Air Force Base Landholding Agency: COE Pine River 6601 S. Manhattan Avenue Property Number: 319120008 Cross Lake Co: Crow Wing MN 56442– Tampa Co: Hillsborough FL 33608– Status: Unutilized Location: 3 miles from city of Cross Lake Landholding Agency: Air Force Reason: Floodway. between highways 6 and 371. Property Number: 189030003 Green River Lock & Dam No. 3 Landholding Agency: COE Status: Excess Rochester Co: Butler KY 42273– Property Number: 319011037 Reason: Floodway. Location: Off State Hwy. 369, which runs off of Western Ky. Parkway Status: Excess Illinois Landholding Agency: COE Reason: Other. 1.6 acres of land Property Number: 319120009 Comment: Highway right of way. Rock Island Arsenal Status: Unutilized Mississippi South Shore Mississippi River Moline Pool Reason: Floodway. Parcel 1 Moline Co: Rock Island IL 61299– Green River Lock & Dam No. 4 Landholding Agency: GSA Grenada Lake Woodbury Co: Butler KY 42288– Section 20 Property Number: 549310009 Location: Off State Hwy 403, which is off Status: Surplus Grenada Co: Grenada MS 38901–0903 State Hwy 231 Landholding Agency: COE Reason: Floodway. Landholding Agency: COE GSA Number: 2–D–IL–620–B. Property Number: 319011018 Property Number: 319120014 Status: Underutilized Indiana Status: Underutilized Reason: Within airport runway clear zone. Reason: Floodway. Portion of Tract No. 1224 Missouri Salamonie Lake Green River Lock & Dam No. 5 Huntington Co: Huntington IN 46750– Readville Co: Butler KY 42275– Ditch 19, Item 2, Tract No. 230 Landholding Agency: COE Location: Off State Highway 185 St. Francis Basin Project Property Number: 319310001 Landholding Agency: COE 21⁄2 miles west of Malden Co: Dunklin MO Status: Unutilized Property Number: 319120015 Landholding Agency: COE Reason: Other. Status: Unutilized Property Number: 319130001 Comment: Landlocked. Reason: Floodway. Status: Unutilized Reason: Floodway. Kentucky Green River Lock & Dam No. 6 Union Lake Tract 4626 Brownsville Co: Edmonson KY 42210– Location: Off State Highway 259 Sec 7, Twshp 42 north, Ranger West Barkley, Lake, Kentucky and Tennessee Beaufort Co: Franklin MO Donaldson Creek Launching Area Landholding Agency: COE Property Number: 319120016 Landholding Agency: COE Cadiz Co: Trigg KY 42211– Property Number: 319240008 Location: 14 miles from US Highway 68. Status: Underutilized Reason: Floodway. Status: Unutilized Landholding Agency: COE Reason: Floodway. Property Number: 319010030 Vacant land west of locksite Status: Underutilized Greenup Locks and Dam Confluence Levee (32B) Reason: Floodway. 5121 New Dam Road Missouri & Osage Rivers Co: Cole & Osage MO Tract AA–2747 Rural Co: Greenup KY 41144– Landholding Agency: COE Landholding Agency: COE Wolf Creek Dam and Lake Cumberland Property Number: 319430001 US Hwy. 27 to Blue John Road Property Number: 319120017 Status: Unutilized Burnside Co: Pulaski KY 42519– Status: Unutilized Reason: Floodway. Landholding Agency: COE Reason: Floodway. Property Number: 319010038 Tract 6404, Cave Run Lake Montana Status: Underutilized U.S. Hwy 460 Sherryl Tap Point Site Reason: Floodway. Index Co: Morgan KY 3 miles south of Drummond, MT Co: Granite Tract AA–2726 Landholding Agency: COE MT Wolf Creek Dam and Lake Cumberland Property Number: 319240005 Landholding Agency: GSA KY Hwy. 80 to Route 769 Status: Underutilized Property Number: 549240006 Burnside Co: Pulaski KY 42519– Reason: Floodway. Status: Excess Landholding Agency: COE Tract 6803, Cave Run Lake Reason: Other Comment: Inaccessible. Property Number: 319010039 State Road 1161 GSA Number: 7–B–MT–0598. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9391 Nevada Property Number: 319011564 Proctor Site Portion, Newlands Project Status: Unutilized Cordell Hull Lake and Dam Project Lockwood Co: Storey NV Reason: Floodway. Celina Co: Clay TN 38551– Location: Approx. 8 miles east of Reno on the Lock and Dam #3 Location: TN Highway 52 south side of Peri Ranch Road in NE corner Monongahela River Landholding Agency: COE of Louise Peri Park Elizabeth Co: Allegheny PA 15037–0455 Property Number: 319011480 Landholding Agency: GSA Landholding Agency: COE Status: Unutilized Property Number: 549430010 Property Number: 319240014 Reason: Floodway. Status: Excess Status: Unutilized Tract 3721 Reason: Other Comment: No Legal Access. Reason: Floodway. Obey GSA Number: 9–GR(1)–I–NV–478. Puerto Rico Cordell Hull Lake and Dam Project New Mexico 119.3 acres Celina Co: Clay TN 38551– Location: TN Highway 53 Facility 75100 Culebra Island PR 00775– Landholding Agency: Interior Landholding Agency: COE Holloman Air Force Base Co: Otero NM Property Number: 319011481 88330– Property Number: 619210001 Status: Excess Status: Unutilized Landholding Agency: Air Force Reason: Floodway. Reason: Floodway. Property Number: 189240043 Tracts 608, 609, 611 and 612 Status: Unutilized South Carolina Sullivan Bend Launching Area Reason: Secured Area. Land—2.66 acres Cordell Hull Lake and Dam Project North Carolina Port Royal Co: Beaufort SC 29902–6148 Carthage Co: Smith TN 37030– Landholding Agency: GSA Land—16.02 acres Location: Sullivan Bend Road Property Number: 549240009 Landholding Agency: COE Portion VA Hospital Status: Excess Fayetteville Co: Cumberland NC 28302– Property Number: 319011482 Reason: Floodway. Status: Underutilized Landholding Agency: GSA GSA Number: 4–N–SC–0489A. Property Number: 549440001 Reason: Floodway. Status: Excess South Dakota Tract 920 Reason: Other Comment: Landlocked. Badlands Bomb Range Indian Creek Camping Area GSA Number: 4–GI–NC–437A. 60 miles southeast of Rapid City, SD Cordell Hull Lake and Dam Project North Dakota 11⁄2 miles south of Highway 44 Co: Shannon Granville Co: Smith TN 38564– SD Location: TN Highway 53 Tracts 1 & 2 Landholding Agency: Air Force Landholding Agency: COE Garrison Dam Property Number: 189210003 Property Number: 319011483 Lake Sakakawea Status: Unutilized Status: Underutilized Williston Co: Williams ND 58801– Reason: Secured Area. Reason: Floodway. Landholding Agency: COE Property Number: 319410015 Tennessee Tract 1710, 1716 and 1703 Status: Excess Brooks Bend Flynns Lick Launching Ramp Reason: Within 2000 ft. of flammable or Cordell Hull Dam and Reservoir Cordell Hull Lake and Dam Project explosive material; Floodway. Highway 85 to Brooks Bend Road Gainesboro Co: Jackson TN 38562– Location: White Bend Road Ohio Gainesboro Co: Jackson TN 38562– Location: Tracts 800, 802–806, 835–837, 900– Landholding Agency: COE Mosquito Creek Lake 902, 1000–1003, 1025 Property Number: 319011484 Everett Hull Road Boat Launch Landholding Agency: COE Status: Underutilized Cortland Co: Trumbull OH 44410–9321 Property Number: 219040413 Reason: Floodway. Landholding Agency: COE Status: Underutilized Tract 1810 Property Number: 319440007 Reason: Floodway. Wartrace Creek Launching Ramp Status: Underutilized Cheatham Lock and Dam Cordell Hull Lake and Dam Project Reason: Floodway. Highway 12 Gainesboro Co: Jackson TN 38551– Mosquito Creek Lake Ashland City Co: Cheatham TN 37015– Location: TN Highway 85 Housel—Craft Rd., Boat Launch Location: Tracts E–513, E–512–1 and E–512– Landholding Agency: COE Cortland Co: Trumbull OH 44410–9321 2 Property Number: 319011485 Landholding Agency: COE Landholding Agency: COE Status: Underutilized Property Number: 319440008 Property Number: 219040415 Reason: Floodway. Status: Underutilized Status: Underutilized Tract 2524 Reason: Floodway. Reason: Floodway. Jennings Creek Oregon Tract 6737 Cordell Hull Lake and Dam Project Blue Creek Recreation Area Gainesboro Co: Jackson TN 38562– Tract 108 (Portion of) Barkley Lake, Kentucky and Tennessee Location: TN Highway 85 Willow Creek Lake Project Dover Co: Stewart TN 37058– Landholding Agency: COE Heppner Co: Morrow OR 77836– Location: U.S. Highway 79/TN Highway 761 Property Number: 319011486 Location: Located up hill from the left Landholding Agency: COE Status: Unutilized abutment of the dam structure. Property Number: 319011478 Reason: Floodway. Landholding Agency: GSA Status: Underutilized Tracts 2905 and 2907 Property Number: 319011687 Reason: Floodway. Webster Status: Excess Tracts 3102, 3105, and 3106 Cordell Hull Lake and Dam Project Reason: Other Comment: Inaccessible. Brimstone Launching Area Gainesboro Co: Jackson TN 38551– GSA Number: 9–D–OR–708. Cordell Hull Lake and Dam Project Location: Big Bottom Road Pennsylvania Gainesboro Co: Jackson TN 38562– Landholding Agency: COE Lock and Dam #7 Location: Big Bottom Road Property Number: 319011487 Monongahela River Landholding Agency: COE Status: Unutilized Greensboro Co: Greene PA Property Number: 319011479 Reason: Floodway. Location: Left hand side of entrance roadway Status: Excess Tracts 2200 and 2201 to project Reason: Floodway. Gainesboro Airport Landholding Agency: COE Tract 3507 Cordell Hull Lake and Dam Project 9392 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Gainesboro Co: Jackson TN 38562– Location: Jones Mill Road Reason: Floodway. Location: Big Bottom Road Landholding Agency: COE Texas Landholding Agency: COE Property Number: 319011496 Property Number: 319011488 Status: Underutilized Tracts 104, 105–1, 105–2 & 118 Status: Underutilized Reason: Floodway. Joe Pool Lake Co: Dallas TX Landholding Agency: COE Reason: Within airport runway clear zone; Tracts 245, 257, and 256 Floodway. Property Number: 319010397 J. Perry Priest Dam and Reservoir Status: Underutilized Tracts 710C and 712C Cook Recreation Area Reason: Floodway. Sullivan Island Nashville Co: Davidson TN 37214– Cordell Hull Lake and Dam Project Location: 2.2 miles south of Interstate 40 near Part of Tract 201–3 Carthage Co; Smith TN 37030– Saunders Ferry Pike. Joe Pool Lake Co: Dallas TX Landholding Agency: COE Location: Sullivan Bend Road Landholding Agency: COE Property Number: 319010398 Landholding Agency: COE Property Number: 319011497 Status: Underutilized Property Number: 319011489 Status: Underutilized Reason: Floodway. Status: Unutilized Reason: Floodway. Part of Tract 323 Reason: Floodway. Tracts 107, 109 and 110 Joe Pool Lake Co: Dallas TX Tract 2403, Hensley Creek Cordell Hull Lake and Dam Project Landholding Agency: COE Cordell Hull Lake and Dam Project Two Prong Property Number: 319010399 Gainesboro Co: Jackson TN 38562– Carthage Co: Smith TN 37030– Status: Underutilized Location: TN Highway 85 Location: US Highway 85 Reason: Floodway. Landholding Agency: COE Landholding Agency: COE Property Number: 319011490 Property Number: 319011498 Tract 702–3 Status: Unutilized Status: Unutilized Granger Lake Reason: Floodway. Reason: Floodway. Route 1, Box 172 Granger Co: Williamson TX 76530–9801 Tracts 2117C, 2118 and 2120 Tracts 2919 and 2929 Landholding Agency: COE Cordell Hull Lake and Dam Project Cordell Hull Lake and Dam Project Property Number: 319010401 Trace Creek Sugar Creek Status: Unutilized Gainesboro Co: Jackson TN 38562– Gainesboro Co: Jackson TN 38562– Reason: Floodway. Location: Brooks Ferry Road Location: Sugar Creek Road Landholding Agency: COE Landholding Agency: COE Tract 706 Property Number: 319011491 Property Number: 319011500 Granger Lake Route 1, Box 172 Status: Unutilized Status: Unutilized Granger Co: Williamson TX 76530–9801 Reason: Floodway. Reason: Floodway. Landholding Agency: COE Tracts 424, 425 and 426 Tracts 1218 and 1204 Property Number: 319010402 Cordell Hull Lake and Dam Project Cordell Hull Lake and Dam Project Status: Unutilized Stone Bridge Granville—Alvin Yourk Road Reason: Floodway. Carthage Co: Smith TN 37030– Granville Co: Jackson, TN 38564– Location: Sullivan Bend Road Landholding Agency: COE Virginia Landholding Agency: COE Property Number: 319011501 Parcel 1 (Byrd Field) Property Number: 319011492 Status: Unutilized Richmond IAP Status: Unutilized Reason: Floodway. 5680 Beulah Road Reason: Floodway. Tract 2100 Richmond Co: Henrico VA 23150– Tract 517 Cordell Hull Lake and Dam Project Landholding Agency: Air Force J. Percy Priest Dam and Reservoir Galbreaths Branch Property Number: 189010435 Suggs Creek Embayment Gainesboro Co: Jackson TN 38562– Status: Unutilized Nashville Co: Davidson TN 37214– Location: TN Highway 53 Reason: Floodway. Location: Interstate 40 to S. Mount Juliet Landholding Agency: COE Parcel 3, (Byrd Field) Road. Property Number: 319011502 Richomd IAP Landholding Agency: COE Status: Unutilized 5680 Bevlah Road Property Number: 319011493 Reason: Floodway. Richmond Co: Henrico VA 23150– Status: Underutilized Tract 104 et. al. Landholding Agency: Air Force Property Number: 189010436 Reason: Floodway. Cordell Hull Lake and Dam Project Status: Unutilized Tract 1811 Horshoe Bend Launching Area Reason: Within 2000 ft. of flammable or West Fork Launching Area Carthage Co: Smith TN 37030– explosive material. Smyrna Co: Rutherford TN 37167– Location: Highway 70 N Location: Florence road near Enon Springs Landholding Agency: COE Parcel 2, (Byrd Field) Road Property Number: 319011504 Richmond IAP Landholding Agency: COE Status: Underutilized 5680 Beulah Road Property Number: 319011494 Reason: Floodway. Richmond Co: Henrico VA 23150– Landholding Agency: Air Force Status: Underutilized Tracts 510, 511, 513 and 514 Reason: Floodway. Property Number: 189010437 J. Percy Priest Dam and Reservoir Project Status: Unutilized Tract 1504 Lebanon Co: Wilson TN 37087– Reason: Within 2000 ft. of flammable or J. Perry Priest Dam and Reservoir Location: Vivrett Creek Launching Area, explosive material; Secured Area. Lamon Hill Recreation Area Alvin Sperry Road Smyrna Co: Rutherford TN 37167– Landholding Agency: COE ANG Site Location: Lamon Road Property Number: 319120007 Camp Pendleton Landholding Agency: COE Status: Underutilized Virginia Air National Guard Property Number: 319011495 Reason: Floodway. Virginia Beach Co: (See County) VA 23451– Landholding Agency: Air Force Status: Underutilized Tract A–142, Old Hickory Beach Reason: Floodway. Property Number: 189010589 Old Hickory Blvd. Status: Unutilized Tract 1500 Old Hickory Co: Davidson TN 37138– Reason: Secured Area. J. Perry Priest Dam and Reservoir Landholding Agency: COE Pools Knob Recreation Property Number: 319130008 Washington Smyrna Co: Rutherford TN 37167– Status: Underutilized Fairchild AFB Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9393 SE corner of base Gila and Salt River Meridian, Mohave except for lease or conveyance under Fairchild AFB Co: Spokane WA 99011– County, Arizona the Recreation and Public Purposes Act Landholding Agency: Air Force T. 20 N., R. 22 W., and leasing under the mineral leasing Property Number: 189010137 sec. 12, lot 5 (east of centerline of State laws. Status: Unutilized Highway 95). Reason: Secured Area. DATES: On or before April 3, 1995, Fairchild AFB The following described public lands interested persons may submit Fairchild AFB Co: Spokane WA 99011– under AZA 25464 have been examined comments regarding the proposed lease Location: NW corner of base and found suitable for classification for or conveyance of the lands to the Area Landholding Agency: Air Force lease or conveyance under the Manager, Havasu Resource Area, 3189 Property Number: 189010138 Recreation and Public Purposes Act of Sweetwater Avenue, Lake Havasu City, Status: Unutilized June 14, 1926, as amended (43 U.S.C. AZ 86406. Reason: Secured Area. 869 et seq.): CLASSIFICATION COMMENTS: West Virginia Interested Gila and Salt River Meridian, Mohave parties may submit comments involving Ohio River County, Arizona the suitability of the land for recreation Pike Island Locks and Dam Buffalo Creek T. 20 N., R. 22 W., and public purposes. Comments on the Wellsburg Co: Brooke WV sec. 12, lots 5 and 6 (west of centerline of classification are restricted to whether Landholding Agency: COE state highway 95). the land is physically suited for the Property Number: 319011529 In notice document 88–16492 proposal, whether the use will Status: Unutilized appearing on page 27770 in the issue of maximize the future use or uses of the Reason: Floodway. Friday, July 22, 1988, AZA 23255 was land, whether the use is consistent with Morgantown Lock and Dam classified to include the following the local planning and zoning, or if the Box 3 RD #2 lands: use is consistent with the State and Morgantown Co: Monongahelia WV 26505– Federal programs. Landholding Agency: COE Gila and Salt River Meridian, Arizona Property Number: 319011530 APPLICATION COMMENTS: Interested T. 20 N., R. 22 W., Status: Unutilized parties may submit comments regarding Reason: Floodway. sec. 12, portion of lots 5 and 6. the specific use proposed in the London Lock and Dam Containing 6.9 acres more or less. applications and plan of developments, Route 60 East This notice terminates the whether the BLM followed proper Rural Co: Kanawha WV 25126– classification for the public lands under administrative procedures in reaching Location: 20 miles east of Charleston, W. AZA 23255. the decision, or any other factor not Virginia. The lands classified in this notice are directly related to the suitability of the Landholding Agency: COE not needed for Federal purposes. Lease land for recreation and public purposes. Property Number: 319011690 Status: Unutilized or conveyance is consistent with current Any adverse comments will be reviewed Reason: Other BLM land use planning and would be in by the State Director. In the absence of Comment: .03 acres; very narrow strip of land the public interest. any adverse comments, the located too close to busy highway. The lease or conveyance when issued, classification will become effective 60 will be subject to the following terms, [FR Doc. 95–3776 Filed 2–16–95; 8:45 am] days from the date of publications of conditions and reservations; this notice in the Federal Register. BILLING CODE 4210±29±M 1. Provisions of the Recreation and FOR FURTHER INFORMATION CONTACT: Joe Public Purposes Act and all applicable Liebhauser, Lands and Minerals regulations of the Secretary of the DEPARTMENT OF THE INTERIOR Supervisor, Bureau of Land Interior. Management, Havasu Resource Area, 2. A right-of-way for ditches and Bureau of Land Management 3189 Sweetwater Avenue, Lake Havasu canals constructed by the authority of City, Arizona 86406. Detailed [AZ-054±5±1430±00; AZA 25464, AZA 23255] the United States. information concerning this action is 3. All minerals shall be reserved to also available for review. Notice of Realty Action, Recreation the United States, together with the and Public Purposes (R&PP) Act right to prospect for, mine, and remove Dated: February 10, 1995. Classification, Arizona materials. Judith I. Reed, 4. Subleases issued under AZAR District Manager. AGENCY: Bureau of Land Management, 035903 to Johannah and Eugene Goad, Interior. [FR Doc. 95–3972 Filed 2–16–95; 8:45 am] and Lawrence, Albert H., and Ernestine BILLING CODE 4310±32±P ACTION: Notice to amend previous Warminski are reserved to the United classification for AZA 25464 and States, together with the right to amend terminate classification for AZA 23255. or change their leases. Subleases are [UT±046±01±5440±10±J401] In notice document 91–20790 located within lot 5, sec. 12, T. 20 N., appearing on page 43034 in the issue of R. 22 W. Notice of Realty Action, Conveyance of Friday, August 30, 1991, AZA 25464 Detailed information concerning this Public Land in Garfield County, UT, was classified to include the following action is available for review at the Panguitch City Airport, UTU±72799 public lands: office of the Bureau of Land Management, Yuma District, Havasu SUMMARY: Notice is given to the public Gila and Salt River Meridian, Mohave Resource Area, 3189 Sweetwater that the following described parcels of County, Arizona Avenue, Lake Havasu City, Arizona. public land have been examined and T. 20 N., R. 22 W., Upon publication of this notice in the through resource considerations, sec. 12, lot 5; Federal Register, the lands will be regulations, and Bureau policies, have This notice terminates the segregated from all forms of been found suitable for conveyance to classification for AZA 25464 for the appropriation under the public land Panguitch City Corporation pursuant to following described public lands: laws, including the general mining laws, the Airport Airway and Improvement 9394 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Act of 1982 (96 Stat. 692; 49 U.S.C. Kanab Resource Area Office, 318 North 19,764.74 acres to protect the unique 2215): 100 East, Kanab, Utah 84741, (801) 644– resources in the Sweet Grass Hills. Salt Lake Meridian, Utah 2672. Dated: February 14, 1995. Township 34 South, Range 5 West Dated: February 10, 1995. David L. Mari, Section 14, SW1⁄4NW1⁄4SW1⁄4NE1⁄4; A. Jerry Meredith, District Manager. W1⁄2SW1⁄4SW1⁄4NE1⁄4; District Manager. [FR Doc. 95–4217 Filed 2–16–95; 8:45 am] S1⁄2NE1⁄4SE1⁄4NW1⁄4; [FR Doc. 95–3973 Filed 2–16–95; 8:45 am] BILLING CODE 4310±DN±P SE1⁄4NE1⁄4SE1⁄4NW1⁄4; BILLING CODE 4310±DQ±M E1⁄2SW1⁄4SE1⁄4NW1⁄4; SE1⁄4SE1⁄4NW1⁄4: Section 22, NE1⁄4SE1⁄4SE1⁄4: Section 23, NW1⁄4SW1⁄4SW1⁄4: [MT±060±03±1430±00] [ID±942±04±1420±00] Encompassing 50 acres. Idaho: Filing of Plats of Survey; Idaho Terms and Conditions Applicable to West HiLine Resource Management the Conveyance Are: Plan Amendment; Liberty and Toole Counties, Montana The plat of the following described 1. All minerals, including oil and gas, land was officially filed in the Idaho shall be reserved to the United States, AGENCY: Department of the Interior, State Office, Bureau of Land together with the right to prospect for, Bureau of Land Management. Management, Boise, Idaho, effective mine, and remove the minerals. The ACTION: Notice is hereby given that the 9:00 a.m., February 9, 1995. Secretary of the Interior reserves the West HiLine Resource Management Plan The plat representing the dependent right to determine whether such mining will be amended by the Great Falls resurvey of portions of the south and removal of minerals will interfere Resource Area, Great Falls, Montana. boundary and subdivisional lines, the with the development, operation and subdivision of section 34, the survey of maintenance of the airport. SUMMARY: The Bureau of Land portions of the center line of Old Lemhi 2. A right-of-way will be reserved for Management (BLM) will amend the Road, and lot 7 in section 34, Boise ditches and canals constructed by the West HiLine Resource Management Plan Meridian, Idaho Group No. 895, was authority of the United States (Act of (RMP) for a proposed withdrawal of accepted, February 3, 1995. August 30, 1890, 26 Stat. 391; 43 U.S.C. 19,764.74 acres of Federal mineral estate All inquiries concerning the survey of 945). from locatable mineral entry in the the above described land must be sent 3. The conveyance of the land will be Sweet Grass Hills, Liberty and Toole subject to all valid existing rights. to the Chief, Branch of Cadastral Survey, Counties, Montana. A withdrawal of Idaho State Office, Bureau of Land 4. At the discretion of the Secretary of these lands is not in conformance with Transportation, the land shall revert to Management, 3380 Americana Terrace, the record of decision for the West Boise, Idaho 83706. the United States in the event that the HiLine Resource Management Plan land is not developed for airport (RMP) (1992). The Great Falls Resource Dated: February 9, 1995. purposes or used in a manner consistent Area, Lewistown District, Bureau of Duane E. Olsen, with the terms of the patent. If only a Land Management will prepare a plan Chief Cadastral Surveyor for Idaho. portion of the land conveyed is not amendment and associated [FR Doc. 95–3974 Filed 2–16–95; 8:45 am] developed for airport purposes, or is environmental assessment. BILLING CODE 4310±GG±M used in a manner inconsistent with the terms of the conveyance, only that PUBLIC PARTICIPATION: Comments and recommendations on this notice to specific part shall, at the discretion of Bureau of Reclamation the Secretary, revert to the United amend the West HiLine RMP should be States. received on or before March 20, 1995. Draft Environmental Assessment of 5. A detailed list of covenants ADDRESSES: Comments should be sent to the Proposal To Modify the Operation required by the Federal Aviation the Great Falls Resource Area, 812 14th. of McPhee Reservoir and Acquire Administration to be included in the St. N., Great Falls, MT 59401. Additional Water for Fish and Wildlife patent document is available for review FOR FURTHER INFORMATION CONTACT: Purposes, Dolores Project, Colorado at the office listed below. Richard L. Hopkins, Area Manager, River Storage Project, Colorado DATES: On or before April 3, 1995, Great Falls Resource Area, 812 14th. St. comments concerning the proposal may N., Great Falls, MT 59401, 406–727– AGENCY: Bureau of Reclamation, be submitted to the District Manager, 0503. Interior. Bureau of Land Management, 176 East SUPPLEMENTARY INFORMATION: In August ACTION: Notice of Availability of Draft DL Sargent Drive, Cedar City, Utah 1993, the BLM segregated the Federal Environmental Assessment and Public 84720. Comments will be reviewed by mineral estate in the Sweet Grass Hills Comment Period. the Utah State Director, who may for a two-year period which closed the sustain, vacate, or modify this realty area to the location of new mining SUMMARY: Pursuant to the National action. In the absence of any objections, claims until August 1995. Also in Environmental Policy Act and agency this realty action will become the final August 1993, the BLM began amending policy, the Bureau of Reclamation will determination of the Department of the the West HiLine RMP to reevaluate long provide the public an opportunity to Interior. term management decisions for the comment on the draft Environmental SUPPLEMENTARY INFORMATION: The lands Sweet Grass Hills; specific direction for Assessment (EA) of the proposal to described are hereby segregated from all locatable mineral development, oil and modify the operation of McPhee Dam forms of appropriation under the land gas leasing, off-road vehicle use, and and acquire additional water for laws, including mining laws, pending land tenure adjustment. The BLM downstream releases to the Dolores disposition of this action. Additional anticipates completion of this River for fishery and wildlife habitat information concerning the land and evaluation of long term management in enhancement purposes. terms and conditions of the conveyance February 1996. Prior to August 1995, the DATES: Comments on the draft EA must may be obtained from the Area Manager, BLM will pursue a withdrawal of be received by April 3, 1995. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9395 ADDRESSES: Comments should be sent to potential impacts. The degree to which statement or testify at the meeting or Bureau of Reclamation, PO Box 640, preserve purposes and management can who want further information Durango, Colorado 81302. be fulfilled in each alternative is concerning the meeting may contact the FOR FURTHER INFORMATION CONTACT: described. Copies of the Draft GMP/EIS Commission at 202–619–7097. Minutes To request a copy of the draft EA, to be are available for review at the preserve of the meeting will be available for placed on a mailing list, or to obtain and most local libraries. A limited public inspection 4 weeks after the further information, contact Jon number of copies are available on meeting at the Office of Land Use Freeman, Bureau of Reclamation, request from the Superintendent at the Coordination, National Capital Region, Environmental & Planning Division, PO above address. 1100 Ohio Drive, SW., room 201, Box 640, Durango, Colorado 81302, Dated: February 7, 1995. Washington, DC 20242. telephone 303/385–6562. Frank Catroppa, Dated: February 8, 1995. Dated: February 8, 1995. Regional Director, Southeast Region. Robert Stanton, Charles A. Calhoun, [FR Doc. 95–3965 Filed 2–16–95; 8:45 am] Regional Director, National Capital Region. Regional Director. BILLING CODE 4310±70±M [FR Doc. 95–3967 Filed 2–16–95; 8:45 am] [FR Doc. 95–3968 Filed 2–16–95; 8:45 am] BILLING CODE 4310±70±M BILLING CODE 4310±94±M National Capital Region; National Capital Memorial Commission; Public National Park Service Meeting Sleeping Bear Dunes National Lakeshore Advisory Commission; Notice of Availability of Draft General Notice is hereby given in accordance Meeting Management Plan/Environmental with the Federal Advisory Committee Impact Statement for the Timucuan Act that a meeting of the National AGENCY: National Park Service, Interior. Capital Memorial Commission will be Ecological and Historic Preserve, ACTION: Notice of meeting. Florida held on Tuesday, March 7, 1995, at 1 p.m., at the National Building Museum, SUMMARY: This notice announces the room 312, 5th and F Streets, NW. SUMMARY: This notice sets the schedule availability of a Draft General The Commission was established by for the forthcoming meeting of the Management Plan/Environmental Public Law 99–652, the Commemorative Sleeping Bear Dunes National Lakeshore Impact Statement (Draft GMP/EIS) for Works Act, for the purpose of preparing Advisory Commission. Notice of this Timucuan Ecological and Historic and recommending to the Secretary of meeting is required under the Federal Preserve. The Draft GMP/EIS presents the Interior, Administrator, General Advisory Committee Act (Public Law alternatives for future management and Services Administration, and Members 92–463). use of the preserve. The preserve lies of Congress broad criteria, guidelines, Meeting Date and Time: Friday, March 17, primarily between the Nassau and St. and policies for memorializing persons 1995; 9:30 a.m. until 12 noon. Johns rivers in Duval County, Florida, and events on Federal lands in the Addresses: Sleeping Bear Dunes National east of downtown Jacksonville. This National Capital Region (as defined in Lakeshore Headquarters, Empire, Michigan. notice also announces public meetings the National Capital Planning Act of The agenda for the meeting consist of the for the purpose of receiving public 1952, as amended), through the media Chairman’s welcome; minutes of the comments on the Draft GMP/EIS. of monuments, memorials and statues. It previous meeting; statement of purpose; DATES: The Draft GMP/EIS will be on is to examine each memorial proposal public input; update on park activities; old public review until April 10, 1995. Any for adequacy and appropriateness, make business; new business; public input; next review comments must be postmarked recommendations to the Secretary and meeting date; adjournment. The meeting is no later than April 10, 1995, and Administrator, and to serve as open to the public. addressed to the Superintendent, information focal point for those SUPPLEMENTARY INFORMATION: The Timucuan Ecological and Historic persons seeking to erect memorials on Advisory Commission was established Preserve, 13165 Mt. Pleasant Road, Federal land in the National Capital by the law that established the Sleeping Jacksonville, Florida 32225. The dates of Region. Bear Dunes National Lakeshore, Public the public meetings for the Draft GMP/ The members of the Commission are Law 91–479. The purpose of the EIS are March 7, 1995, from 7 p.m. to as follows: 9 p.m. and March 8, 1995, from 6:30 Director, National Park Service Commission, according to its charter, is p.m. to 8:30 p.m.; both at the Fort Chairman, National Capital Planning to advise the Secretary of the Interior Caroline National Memorial Visitor Commission with respect to matters relating to the Center, 12713 Fort Caroline Road, The Architect of the Capitol administration, protection, and Jacksonville, Florida 32225. Chairman, American Battle Monuments development of the Sleeping Bear Dunes Commission National Lakeshore, including the FOR FURTHER INFORMATION CONTACT: Chairman, Commission of Fine Arts establishment of zoning by-laws, Superintendent, Timucuan Ecological Mayor of the District of Columbia construction, and administration of and Historic Preserve, 13165 Mt. Administrator, General Services scenic roads, procurement of land, Pleasant Road, Jacksonville, Florida Administration condemnation of commercial property, 32225, Telephone: (904) 221–5568. Secretary of Defense an the preparation and implementation SUPPLEMENTARY INFORMATION: The Draft The purpose of the meeting will be to of the land and water use management GMP/EIS for Timucuan Ecological and consider U.S. Reservation 201 as the site plan. Historic Preserve provides management for the Japanese American Memorial. guidance for concerns of the preserve. The meeting will be open to the public. FOR FURTHER INFORMATION CONTACT: Ivan This draft GMP/EIS presents four Any person may file with the Miller, Superintendent, Sleeping Bear alternative concepts for future Commission a written statement Dunes National Lakeshore, 9922 Front management and use of the Timucuan concerning the matters to be discussed. Street, Empire, Michigan 49630, (616) Preserve and presents an overview of Persons who wish to file a written 326–5134. 9396 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Dated: February 6, 1995. obtained by contacting the TDD [Investigations Nos. 731±TA±678, 679, 681, William W. Schenk, terminal on (202–205–1810). and 682 (Final)] Regional Director, Midwest Region. Background Stainless Steel Bar From Brazil, India, [FR Doc. 94–3966 Filed 2–16–95; 8:45 am] Following the receipt of a request on Japan, and Spain BILLING CODE 4310±70±M October 12, 1994, from the United States Determinations Trade Representative (USTR), the 1 Commission instituted investigation No. On the basis of the record developed INTERNATIONAL TRADE 332–357, Lamb Meat: Competitive in the subject investigations, the COMMISSION Conditions Affecting the U.S. and Commission determines, pursuant to [Investigation 332±357] Foreign Lamb Industries, under section section 735(b) of the Tariff Act of 1930 332(g) of the Tariff Act of 1930 (19 (19 U.S.C. § 1673d(b)) (the Act), that an Lamb Meat: Competitive Conditions U.S.C. 1332(g)) for the purpose of industry in the United States is Affecting the U.S. and Foreign Lamb investigating the competitive conditions materially injured by reason of imports Industries affecting the U.S. lamb industry. The from Brazil, India, Japan, and Spain of 2, 3 Commission plans to submit its report stainless steel bar, provided for in AGENCY: United States International by August 14, 1995. subheadings 7222.10.00, 7222.20.00, Trade Commission. and 7222.30.00 of the Harmonized Tariff ACTION: Rescheduling of public hearing. Written Submissions Schedule of the United States,4 that As provided for in the Commission’s have been found by the Department of EFFECTIVE DATE: February 13, 1995. prior notice, in lieu of or in addition to Commerce to be sold in the United SUMMARY: The public hearing on this participating in the hearing, interested States at less than fair value (LTFV). matter, scheduled for February 23, 1995, parties are invited to submit written Background has been rescheduled to April 6, 1995. statements concerning the matters to be The public hearing will be held at the addressed by the Commission in its The Commission instituted these U.S. International Trade Commission report on this investigation. Commercial investigations effective August 4, 1994, Building, 500 E Street SW., Washington, or financial information that a submitter following preliminary determinations DC, beginning at 9:30 a.m. on April 6, desires the Commission to treat as by the Department of Commerce that 1995. All persons will have the right to confidential must be submitted on imports of stainless steel bar from appear, by counsel or in person, to separate sheets of paper, each clearly Brazil, India, Japan, and Spain were present information and to be heard. marked ‘‘Confidential Business being sold at LTFV within the meaning Requests to appear at the public hearing Information’’ at the top. All submissions of section 733(b) of the Act (19 U.S.C. should be filed with the Secretary, requesting confidential treatment must 1673b(b)). Notice of the institution of United States International Trade conform with the requirements of Commission, 500 E Street SW., § 201.6 of the Commission’s Rules of 1 The record is defined in sec. 207.2(f) of the Washington, DC 20436, no later than Commission’s Rules of Practice and Procedure (19 Practice and Procedure (19 CFR 201.6). CFR § 207.2(f)). 5:15 p.m., March 23, 1995. Any All written submissions, except for 2 Chairman Watson dissenting. prehearing briefs (original and 14 confidential business information, will 3 Commissioner Crawford found two like copies) should be filed not later than be made available in the Office of the products in these investigations; hot-formed 5:15 p.m., March 29, 1995; the deadline stainless steel bar and cold-finished stainless steel Secretary of the Commission for bar. She determines that the domestic industry for filing post-hearing briefs or inspection by interested parties. To be producing hot-formed stainless steel bar is not statements is 5:15 p.m., April 24, 1995. assured of consideration by the materially injured or threatened with material Notice of institution of the investigation Commission, written statements relating injury by reason of imports from all subject and an earlier scheduled hearing date countries. She determines that the domestic to the Commission’s report should be industry producing cold-finished stainless steel bar were published in the Federal Register submitted to the Commission at the is materially injured by reason of subject imports of November 9, 1994 (59 FR 55855). In earliest practical date and should be from Brazil, Japan, and Spain, but is not materially the event that, as of the close of business received no later than the close of injured or threatened with material injury by reason on March 23, 1995, no witnesses are business on April 24, 1995. All of subject imports from India. 4 The imported stainless steel bar covered by scheduled to appear at the hearing, the submissions should be addressed to the these investigations comprises articles of stainless hearing will be cancelled. Any person Secretary, United States International steel in straight lengths that have been either hot- interested in attending the hearing as an Trade Commission, 500 E Street SW., rolled, forged, turned, cold-drawn, cold-rolled, or observer or non-participant may call the Washington, DC 20436. otherwise cold-finished, or ground, having a uniform solid cross section along their whole length Secretary of the Commission (202–205– Persons with mobility impairments in the shape of circles, segments of circles, ovals, 2000) after March 23, 1995, to determine who will need special assistance in rectangles (including squares), triangles, hexagons, whether the hearing will be held. gaining access to the Commission octagons, or other convex polygons. Except as specified above, the term does not include stainless FOR FURTHER INFORMATION CONTACT: should contact the Office of the steel semifinished products, cut-to-length flat-rolled Information on industry sectors may be Secretary at 202–205–2000. products (i.e., cut-to-length rolled products which obtained from Rose Steller, Office of By order of the Commission. if less than 4.75 mm in thickness have a width Industries (202–205–3323) or David measuring at least 10 times the thickness, or if 4.75 Issued: February 14, 1995. mm or more in thickness having a width which Ludwick, Office of Industries (202–205– Donna R. Koehnke, exceeds 150 mm and measures at least twice the 3329); economic aspects, from Ronald Secretary. thickness), wire (i.e., cold-formed products in coils, Babula, Office of Industries (202–205– of any uniform solid cross section along their whole [FR Doc. 95–4013 Filed 2–16–95; 8:45 am] 3331); and legal aspects, from William length, which do not conform to the definition of BILLING CODE 7020±02±P flat-rolled products), and angles, shapes, or Gearhart, Office of the General Counsel sections. Stainless steel bar includes cold-finished (202–205–3091). The media should stainless steel bars that are turned or ground in contact Margaret O’Laughlin, Office of straight lengths, whether produced from hot-rolled Public Affairs (202–205–1819). Hearing bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, impaired individuals are advised that grooves, or other deformations produced during the information on this matter can be rolling process. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9397 the Commission’s investigations and of Exempt Abandonment of 1.6 Miles of Historic Preservation Officer), 49 CFR a public hearing to be held in Right-of-Way at Arkansas City Cowley 1105.11 (transmittal letter), 49 CFR connection therewith was given by County, Kansas. EA available 2/10/95. 1105.12 (newspaper publication), and posting copies of the notice in the Office Comments on the following assessment 49 CFR 1152.50(d)(1) (service of verified of the Secretary, U.S. International are due 30 days after the date of notice on governmental agencies) have Trade Commission, Washington, DC, availability: been met. and by publishing the notice in the AB–167 (SUB-NO. 1145X), As a condition to use of this Federal Register of September 8, 1994 Consolidated Rail Corporation— exemption, any employee adversely (59 FR 46448). The hearing was held in Abandonment Exemption—In affected by the abandonment shall be Washington, DC, on December 15, 1994, Philadelphia County, Pennsylvania. EA protected under Oregon Short Line R. and all persons who requested the available 2/6/95. Co.—Abandonment—Goshen, 360 I.C.C. opportunity were permitted to appear in AB–433, Idaho Northern & Pacific 91 (1979). To address whether this person or by counsel. Railroad Company—Abandonment—In condition adequately protects affected The Commission transmitted its Wallowa and Union Counties, Oregon. employees, a petition for partial determinations in these investigations to EA available 2/8/95. revocation under 49 U.S.C. 10505(d) the Secretary of Commerce on February AB–55 (Sub-No. 497X), CSX must be filed. 10, 1995. The views of the Commission Transportation, Inc.—Abandonment in Provided no formal expression of are contained in USITC Publication Allegany County, MD and Mineral intent to file an offer of financial 2856 (February 1995), entitled County, WV. EA available 1/31/95. assistance (OFA) has been received, this ‘‘Stainless Steel Bar from Brazil, India, AB–427X, Crystal City Railroad, exemption will be effective on March Japan, and Spain: Investigations Nos. Inc.—Abandonment Exemption— 19, 1995, unless stayed pending 731–TA–678–679 and 681–682 (Final).’’ between west of Gardendale and Crystal reconsideration. Petitions to stay that do not involve environmental issues,1 Issued: February 10, 1995. City and between Crystal City and Carrizo Springs, in LaSalle, Zavala and formal expressions of intent to file an By order of the Commission. 2 Dimmit Counties, TX; and OFA under 49 CFR 1152.27(c)(2), and Donna R. Koehnke, AB–428X, Texas Railroad Switching, trail use/rail banking requests under 49 3 Secretary. Inc.—Discontinuance of Service CFR 1152.29 must be filed by February [FR Doc. 95–4014 Filed 2–16–95; 8:45 am] Exemption—between west of 27, 1995. Petitions to reopen or request BILLING CODE 7020±02±P Gardendale and Crystal City and for public use conditions under 49 CFR between Crystal City and Carrizo 1152.28 must be filed by March 9, 1995, Springs, in LaSalle, Zavala and Dimmit with: Office of the Secretary, Case INTERSTATE COMMERCE Counties. EA available 2/10/95. Control Branch, Interstate Commerce COMMISSION Commission, Washington, DC 20423. Vernon A. Williams, A copy of any pleading filed with the Secretary. Availability of Environmental Commission should be sent to Assessments [FR Doc. 95–4031 Filed 2–16–95; 8:45 am] applicant’s representative: Robert J. BILLING CODE 7035±01±P Koch, 135 Jamison Lane, P.O. Box 68, Pursuant to 42 U.S.C. 4332, the Monroeville, PA 15146. Commission has prepared and made If the notice of exemption contains [Docket No. AB±01 (Sub-No. 12X)] available environmental assessments for false or misleading information, the the proceedings listed below. Dates Duluth, Missabe and Iron Range exemption is void ab initio. environmental assessments are available Railway CompanyÐAbandonment Applicant has filed an environmental are listed below for each individual ExemptionÐSt. Louis County, MN report which addresses the proceeding. abandonment’s effects, if any, on the To obtain copies of these Duluth, Missabe and Iron Range environment and historic resources. The environmental assessments contact Ms. Railway Company (DM&IR) has filed a Section of Environmental Analysis Tawanna Glover-Sanders, Interstate notice of exemption under 49 CFR 1152 (SEA) will issue an environmental Commerce Commission, Section of Subpart F—Exempt Abandonments to assessment (EA) by February 22, 1995. Environmental Analysis, Room 3219, abandon its 2.3-mile Missabe Division, Interested persons may obtain a copy of Washington, DC 20423, (202) 927–6203. Chisolm Branch, extending between the EA by writing to SEA (Room 3219, Comments on the following milepost 3.1 and the end of the line at Interstate Commerce Commission, assessment are due 15 days after the milepost 4.7, at Chisolm in St. Louis Washington, DC 20423) or by calling date of availability: County, MN. Elaine Kaiser, Chief of SEA, at (202) AB–290 (Sub-No. 157X), Norfolk DM&IR has certified that: (1) No local 927–6248. Comments on environmental Southern Railway Company— traffic has moved over the line for at Abandonment—Between Alston and least 2 years; (2) there is no overhead 1 A stay will be issued routinely by the Prosperity, South Carolina. EA available traffic on the line; (3) no formal Commission in those proceedings where an informed decision on environmental issues 2/3/95. complaint filed by a user of rail service (whether raised by a party or by the Commission’s AB–101 (Sub-No. 11X), Duluth, on the line (or by a state or local Section of Environmental Analysis in its Missabe and Iron Range Railroad government entity acting on behalf of independent investigation) cannot be made prior to Company—Abandonment in St. Louis such user) regarding cessation of service the effective date of the notice of exemption. See over the line either is pending with the Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d County, MN. EA available 2/3/95. 377 (1989). Any entity seeking a stay on AB–43 (SUB-NO. 167X), Illinois Commission or with any U.S. District environmental concerns is encouraged to file its Central Railroad Company— Court or has been decided in favor of request as soon as possible in order to permit the Abandonment Exemption—in St. the complainant within the 2-year Commission to review and act on the request before Tammany Parish and Washington period; and (4) the requirements at 49 the effective date of this exemption. 2 See Exempt. of Rail Abandonment—Offers of Parish, LA. EA available 2/10/95. CFR 1105.7 (service of environmental Finan. Assist., 4 I.C.C.2d 164 (1987). AB–55 (Sub-No. 81X), The Atchison, report on agencies), 49 CFR 1105.8 3 The Commission will accept a late-filed trail use Topeka and Santa Fe Railway Company (service of historic report on State request as long as it retains jurisdiction to do so. 9398 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices and historic preservation matters must not involve environmental issues,1 collection(s) of information proposals be filed within 15 days after the EA formal expressions of intent to file an for review under the provisions of the becomes available to the public. OFA under 49 CFR 1152.27(c)(2),2 and Paperwork Reduction Act (44 USC Environmental, historic preservation, trail use/rail banking requests under 49 Chapter 35) and the Paperwork public use, or trail use/rail banking CFR 1152.29 3 must be filed by February Reduction Reauthorization Act since the conditions will be imposed, where 27, 1995. Petitions to reopen or requests last list was published. Entries are appropriate, in a subsequent decision. for public use conditions under 49 CFR grouped into submission categories, Decided: February 10, 1995. 1152.28 must be filed by March 9, 1995, with each entry containing the By the Commission, with: Office of the Secretary, Case following information: David M. Konschnik, Control Branch, Interstate Commerce (1) The title of the form/collection; Commission, Washington, DC 20423. (2) The agency form number, if any, Director, Office of Proceedings. A copy of any pleading filed with the and the applicable component of the Vernon A. Williams, Commission should be sent to Department sponsoring the collection. Secretary. applicant’s representative: Joseph D. (3) Who will be asked or required to [FR Doc. 95–4032 Filed 2–16–95; 8:45 am] Anthofer, 1416 Dodge St., Room 830, respond, as well as a brief abstract; BILLING CODE 7035±01±P Omaha, NE 68179. (4) An estimate of the total number of If the notice of exemption contains respondents and the amount of time false or misleading information, the estimated for an average respondent to [Docket No. AB±3 (Sub-No. 120X] exemption is void ab initio. respond; Missouri Pacific Railroad CompanyÐ MP has filed an environmental report (5) An estimate of the total public Abandonment ExemptionÐin Cowley which addresses the abandonment’s burden (in hours) associated with the County, KS (Winfield Industrial Lead) effects, if any, on the environmental and collection; and, historic resources. The Section of (6) An indication as to whether Missouri Pacific Railroad Company Environmental Analysis (SEA) will Section 3504(h) of Public Law 96–511 (MP) has filed a notice of exemption issue an environmental assessment (EA) applies. under 49 CFR 1152 Subpart F—Exempt by February 22, 1995. Interested persons Comments and/or suggestions Abandonments to abandon a portion of may obtain a copy of the EA by writing regarding the item(s) contained in this its railroad, known as the Winfield to SEA (Room 3219, Interstate notice, especially regarding the Industrial Lead, from milepost 513.50 Commerce Commission, Washington, estimated public burden and associated (at the end of the line) to milepost DC 20423) or by calling Elaine Kaiser, respond time, should be directed to the 514.41, near Winfield, a distance of Chief of SEA, at (202) 927–6248. OMB reviewer, Mr. Jeff Hill on (202) approximately 0.91 mile, in Cowley Comments on environmental and 395–7340 and to the Department of County, KS. historic preservation matters must be Justice’s Clearance Officer, Mr. Robert B. MP has certified that: (1) No local filed within 15 days after the EA is Briggs, on (202) 514–4319. If you traffic has moved over the line for at available to the public. anticipate commenting on a form/ least 2 years; (2) no overhead traffic has Environmental, historic preservation, collection, but find that time to prepare moved over the line; (3) no formal public use, or trail use/rail banking such comments will prevent you from complaint filed by a user of rail service conditions will be imposed, where prompt submission, you should notify on the line (or by a State or local appropriate, in a subsequent decision. the OMB reviewer and the Department government entity acting on behalf of Decided: February 13, 1995. of Justice Clearance Officer of your such user) regarding cessation of service By the Commission, David M. Konschnik, intent as soon as possible. Written over the line either is pending with the Director, Office of Proceedings. comments regarding the burden Commission or with any U.S. District Vernon A. Williams, estimate or any other aspect of the Court or has been decided in favor of Secretary. collection may be submitted to Office of the complainant within the 2-year Information and Regulatory Affairs, period; and (4) the requirements at 49 [FR Doc. 95–4030 Filed 2–16–95; 8:45 am] BILLING CODE 7035±01±P Office of Management and Budget, CFR 1105.7 (environmental reports), 49 Washington, DC 20503, and to Mr. CFR 1105.8 (historic reports), 49 CFR Robert B. Briggs, Department of Justice 1105.11 (transmittal letter), 49 CFR DEPARTMENT OF JUSTICE Clearance Officer, Systems Policy Staff/ 1105.12 (newspaper publication), and Information Resources Management/ 49 CFR 1152.50(d)(1) (notice to Information Collections Under Review Justice Management Division, Suite 850, governmental agencies) have been met. WCTR, Washington, DC 20530. As a condition to use of this The Office of Management and Budget exemption, any employee adversely (OMB) has been sent the following Extension of a Currently Approved affected by the abandonment shall be Collection protected under Oregon Short Line R. 1 A stay will be issued routinely by the (1) Document Verification Request. Co.—Abandonment—Goshen, 360 I.C.C. Commission in those proceedings where an (2) G–845. Immigration and informed decision on environmental issues 91 (1979). To address whether this Naturalization Service, United States condition adequately protects affected (whether raised by a party or by the Commission’s Section of Environmental Analysis in its Department of Justice. employees, a petition for partial independent investigation) cannot be made prior to (3) Primary=Individuals and revocation under 49 U.S.C. 10505(d) the effective date of the notice of exemption. See Households, Others=None. This form is must be filed. Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d an integral part of the Systematic Alien Provided no formal expression of 377 (1989). Any entity seeking a stay on environmental concerns is encouraged to file its Verification for Entitlement (SAVE) intent to file an offer of financial request as soon as possible in order to permit this Program. It will provide direct access to assistance (OFA) has been received, this Commission to review and act on the request before the Immigration and Naturalization exemption will be effective on March the effective date of this exemption. Service’s Alien Status Verification Index 2 See Exempt. of Rail Abandonment—Offers of 19, 1995, unless stayed pending (ASVI). reconsideration. Petitions to stay that do Finan. Assist., 4 I.C.C.2d 164 (1987). 3 The Commission will accept a late-filed trail use (4) 500,000 annual respondents at request as long as it retains jurisdiction to do so. .083 hours per response. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9399 (5) 41,500 annual burden hours. Extension of a Currently Approved The proposed Final Judgment requires (6) Not applicable under Section Collection Sabreliner to divest either its transient 3504(h) of Public Law 96–511. (1) Application—Land Border general aviation fueling facilities at Public comment on this item is Facilitation PORTPASS Program Lambert, or, if necessary to attract a encouraged. (2) I–823, I–823A, I–823B, I–823C, purchaser, its entire FBO operation at Dated: February 13, 1995. and I–823D. Immigration and Lambert. If defendant does not complete Robert B. Briggs, Naturalization Service, United States the divestiture by the allotted time, a Department Clearance Officer, United States Department of Justice. trustee will be appointed to conduct the Department of Justice. (3) Primary = Individuals and divestiture. [FR Doc. 95–4005 Filed 2–16–95; 8:45 am] Households, Others = None. This form Public comment on the proposed BILLING CODE 4410±10±M covers two land border programs. At Final Judgment is invited within the participating ports-of-entry, this form statutory 60-day comment period. Such will be used by frequent crossers to Information Collections Under Review comments, and responses thereto, will voluntarily apply for permission to use be published in the Federal Register the dedicated commuter lane, or to enter The Office of Management and Budget and filed with the Court. Comments through an Automated Permit Port. (OMB) has been sent the following should be directed to Roger W. Fones, (4) 200,000 annual respondents at .73 collection(s) of information proposals Chief, Transportation, Energy, and for review under the provisions of the hours (44 minutes) per response. (5) 132,800 annual burden hours. Agriculture Section, Antitrust Division, Paperwork Reduction Act (44 U.S.C. Room 9104, Judiciary Center Building, Chapter 35) and the Paperwork (6) Not applicable under Section 3504(h) of Public Law 96–511. 555 4th Street, NW., Washington, DC Reduction Reauthorization Act since the 20001 (202–307–6351). last list was published. Entries are Public comment on this item is Constance K. Robinson, grouped into submission categories, encouraged. with each entry containing the Dated: February 13, 1995. Director of Operations, Antitrust Division. following information: Robert B. Briggs, United States of America; Plaintiff; vs. (1) The title of the form/collection; Department Clearance Officer, United States Sabreliner Corporation, a corporation; (2) The agency form number, if any, Department of Justice. Defendant. and the applicable component of the [FR Doc. 95–4006 Filed 2–16–95; 8:45 am] [Docket Number: 95–0241] Department sponsoring the collection. BILLING CODE 4410±10±M (3) Who will be asked or required to Stipulation respond, as well as a brief abstract; It is stipulated by and between the (4) An estimate of the total number of Antitrust Division respondents and the amount of time undersigned parties, by their respective estimated for an average respondent to United States v. Sabreliner attorneys, as follows: respond; Corporation; Proposed Final Judgment (1) The Court has jurisdiction over the (5) An estimate of the total public and Competitive Impact Statement subject matter of this action and over burden (in hours) associated with the each of the parties hereto, and venue of Notice is hereby given pursuant to the collection; and this action is proper in the District for Antitrust Procedures and Penalties Act, (6) An indication as to whether the District of Columbia. Section 3504(h) of Public Law 96–511 15 U.S.C. 16(b)–(h), that a proposed applies. Final Judgment and Competitive Impact (2) The parties consent that a Final Comments and/or suggestions Statement have been filed with the Judgment in the form hereto attached regarding the item(s) contained in this United States District Court for the may be filed and entered by the Court, notice, especially regarding the District of Columbia in United States of upon the motion of any party or upon estimated public burden and associated America v. Sabreliner Corporation. the Court’s own motion, at any time response time, should be directed to the The Complaint in this case alleges after compliance with the requirements OMB reviewer, Mr. Jeff Hill on (202) that the acquisition of Midcoast of the Antitrust Procedures and 395–7340 and to the Department of Aviation, Inc. (‘‘Midcoast’’) by Penalties Act (15 U.S.C. 16), and Justice’s Clearance Officer, Mr. Robert B. Sabreliner Corporation (‘‘Sabreliner’’) without further notice to any party or Briggs, on (202) 514–4319. If you may substantially lessen competition in other proceedings, provided that anticipate commenting on a form/ the sale of jet fuel to transient general plaintiff has not withdrawn its consent, collection, but find that time to prepare aviation aircraft at Lambert-St. Louis which it may do at any time before the such comments will prevent you from International airport (‘‘Lambert’’) in entry of the proposed final Judgment by prompt submission, you should notify violation of Section 7 of the Clayton serving notice thereof on defendant and the OMB reviewer and the Department Act. by filing that notice with the Court. of Justice Clearance Officer of your Sabreliner and Midcoast are the only intent as soon as possible. Written two fixed base operators (‘‘FBOs’’) at (3) In the event plaintiff withdraws its comments regarding the burden Lambert Field. Fixed base operators consent or if the proposed Final estimate or any other aspect of the provide terminaling services, such as Judgment is not entered pursuant to this collection may be submitted to Office of aircraft cleaning, de-icing and fueling to Stipulation, this Stipulation shall be of Information and Regulatory Affairs, general aviation aircraft. These services no effect whatever, and the making of Office of Management and Budget, are typically included in the price of jet this Stipulation shall be without Washington, DC 20503, and to Mr. fuel sold to the general aviation prejudice to any party in this or any Robert B. Briggs, Department of Justice customer. This acquisition, left other proceeding. Clearance Officer, Systems Policy Staff/ unchallenged, would result in a Dated: November 2, 1994. Information Resources Management/ monopoly in the provision of jet fuel to Justice Management Division, Suite 850, transient general aviation customers at WCTR, Washington, DC 20530. Lambert. 9400 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices For Plaintiff United States of America: affiliates, each person directly or 2. All rolling stock, including the fuel Anne K. Bingaman, indirectly, wholly or in part, owned or trucks, deicing vehicle, ramp tugs, Assistant Attorney General. controlled by it, or which owns or auxiliary power unit and courtesy van; Steven C. Sunshine, controls it, and each partnership or 3. Office space (with associated office Deputy Asst. Attorney General. venture to which any of them is a party, equipment), including pilot’s lounge/ Constance K. Robinson, and each officer, director, employee, flight planning room and access to lobby area, restrooms, conference facilities Director of Operations. attorney, agent, or other person acting for or on behalf of any of them. and canteen; and Roger W. Fones, B. ‘‘Midcoast’’ means Midcoast 4. The entire ramp area around the May Jean Moltenbrey, Aviation, Inc., each of its predecessors, west of hangers 6 and 7, comprising Kelly Signs, successors, divisions, subsidiaries, and approximately eleven (11) acres, subject Stephen B. Donovan, affiliates, and each person directly or to access easements of any subtenants in Attorneys. indirectly, wholly or in part, owned or Hangers 6 and 7. For Defendant Sabreliner Corporation: controlled by it, or which owns or F. ‘‘Person’’ means any natural Winthrop, Stimson, Putnam & Roberts, controls it, and each partnership or person, corporation, association, firm, By: John Gillick, venture to which any of them is a party, partnership, or other business or legal A Member of the Firm. and each officer, director, employee, entity. attorney, agent, or other person acting G. ‘‘Lambert Field’’ means Lambert St. Final Judgment for or on behalf of any of them. Louis International Airport. Whereas, plaintiff, United States of C. ‘‘Sabreliner’’ means defendant III America, having filed its Complaint Sabreliner Corporation, each of its herein on February 6, 1995, and plaintiff predecessors, successors, divisions, Applicability and defendant, by their respective subsidiaries, and affiliates, each person A. The provisions of this Final attorneys, having consented to the entry directly or indirectly, wholly or in part, Judgment shall apply to the defendant, of this Final Judgment without trial or owned or controlled by it, or which to defendant’s successors and assigns, to adjudication of any issue of fact or law owns or controls it, and each defendant’s subsidiaries, affiliates, herein and without this Final Judgment partnership or venture to which any of directors, officers, managers, agents, and constituting any evidence against or an them is a party, and each officer, employees, and to all other persons in admission by any party with respect to director, employee, attorney, agent, or active concert or participation with any any such issue; other person acting for or on behalf of of them who shall have received actual And whereas, defendant has agreed to any of them. notice of this Final Judgment by be bound by the provisions of this Final D. ‘‘Sabreliner’s Transient Fuel personal service or otherwise. Judgment pending its approval by the Service Business’’ means the following B. The provisions of Sections IV Court; assets, owned or controlled by through VIII of this Final Judgment shall And whereas, prompt and certain Sabreliner, that are or have been used at be applicable only upon the divestiture is the essence of this Lambert Field to provide fuel and other consummation of the acquisition of agreement, and defendant has services to general aviation customers: Midcoast by Sabreliner. represented to plaintiff that the 1. 5,000 square feet of ramp space C. Defendant shall require, as a divestiture required below can and will located west of Hangar 6; condition of the sale or other be made and that defendant will later 2. Office space (with associated office disposition of all or substantially all of raise no claims of hardship or difficulty equipment), which includes pilot’s their assets or stock, or of the assets as grounds for asking the Court to lounge/flight planning room and access required to be divested herein, that the modify any of the divestiture provisions to lobby area, restrooms, conference acquiring party agree to be bound by the contained below; facilities and canteen; provisions of this Final Judgment. Now, therefore, before the taking of 3. Space on the north side of Hangar D. Nothing herein shall suggest that any testimony and without trial or 6 sufficient to park any fueling trucks any portion of this Final Judgment is or adjudication of any issue of fact or law required by the purchaser; and has been created for the benefit of any herein, and upon consent of the parties 4. Non-discriminatory access to the third party, and nothing herein shall be hereto, it is hereby Fuel Delivery Cabinet on the west end construed to provide any rights to any Ordered, adjudged and decreed as of Sabreliner’s fuel farm, the right to third party. follows: draw from Sabreliner’s jet fuel tanks at IV I least 2500 gallons of jet fuel per day, and the right to purchase that jet fuel Divestiture of Sabreliner’s Transient Jurisdiction directly from the fuel supplier from Fuel Business This Court has jurisdiction over the whom Sabreliner obtains its fuel. A. Defendant is hereby ordered and subject matter of this action and over E. ‘‘Sabreliner’s Cargo and General directed to divest, to an eligible each of the parties hereto. The Aviation Business’’ means the following purchaser, all of its direct and indirect Complaint states a claim upon which assets, owned or controlled by ownership and control of Sabreliner’s relief may be granted against defendant Sabreliner, that are or have been used at Transient Fuel Business or Sabreliner’s under Section 7 of the Clayton Act, as Lambert Field to provide fuel and other Cargo and General Aviation Business. amended (15 U.S.C. 18). services to general aviation and based Nothing contained herein shall preclude II cargo customers: Sabreliner from dealing with or 1. Sabreliner’s entire leasehold contracting for services from the Definitions interest in its tank farm, and all divested entity in the ordinary course of As used in this Final Judgment: improvements and assets used in the business. A. ‘‘TWA’’ means Trans World business, including five fuel tanks, truck B. Divestiture of Sabreliner’s Airlines, Inc., each of its predecessors, loading cabinet, and associated leasehold interest in any of the assets of successors, divisions, subsidiaries, and equipment; Sabreliner’s Transient Fuel Service Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9401 Business or Sabreliner’s Cargo and privilege or attorney work product V General Aviation Business may be by privilege. Defendant shall make Appointment of Trustee transfer of the entire leasehold interest available such information to the or by sublease. If divestiture of any or plaintiff at the same time that such A. If defendant has not accomplished all of the assets is by sublease, each information is made available to any the divestiture required by Section IV of such sublease shall be for the entire other person. Defendant shall permit the Final Judgment by March 15, 1995, defendant shall notify plaintiff of that term of Sabreliner’s lease, including the prospective purchasers of Sabreliner’s fact. Within ten (10) days of that date, same rights for renewal Sabreliner has, Transient Fuel Business to have access and the sublease shall specify, for the or twenty (20) days prior to the to personnel at Sabreliner’s Cargo and expiration of any extension granted entire period of the sublease: General Aviation Business, including 1. The price, or a formula for pursuant to Section IV(B), whichever is computing the price, for each and every Sabreliner’s Transient Fuel Business, later, plaintiff shall provide defendant payment due from the purchaser to and to make such inspection of physical with written notice of the names and Sabreliner pursuant to the sublease, facilities and any and all financial, qualifications of not more than two (2) including rent, and any uplift or other operational, or other documents and nominees for the position of trustee for service charge for the use of Sabreliner’s information as may be relevant to the the required divestiture. Defendant shall fuel tanks; and sale required by this Final Judgment. notify plaintiff within ten (10) days 2. The terms and conditions under F. Unless the plaintiff otherwise thereafter whether either or both of such which Sabreliner may evict the consents, divestiture under Section nominees are acceptable. If either or purchaser or exercise any other rights IV.A., or by the trustee appointed both of such nominees are acceptable to for breach of the sublease; and pursuant to Section V, shall be defendant, plaintiff shall notify the 3. That the airport authority must Court of the person upon whom the accomplished in such a way as to satisfy specifically approve any action by parties have agreed and the Court shall plaintiff, in its sole discretion, that Sabreliner to exercise any rights under appoint that person as the trustee. If the sublease against the purchaser, Sabreliner’s Transient Fuel Business or neither of such nominees is acceptable unless such approval is arbitrarily and Sabreliner’s Cargo and General Aviation to defendant, they shall furnish to unreasonably withheld in the event of a Business can and will be operated by plaintiff, within ten (10) days after breach of the sublease by the purchaser, the purchaser as a viable, ongoing plaintiff provides the names of its in which case defendant must give a business engaged in the provision of nominees, written notice of the names minimum of thirty (30) days notice to fuel and other services to general and qualifications of not more than two plaintiff prior to exercising any rights aviation and cargo customers at Lambert (2) nominees for the position of trustee against the purchaser. Field. Divestiture shall be made to a for the required divestiture. If either or C. If defendant has not accomplished purchaser for whom it is demonstrated both of such nominees are acceptable to the required divestiture prior to May 1, to plaintiff’s satisfaction that (1) the plaintiff, plaintiff shall notify the Court 1995, plaintiff may, if its sole discretion, purchase is for the purpose of of the person upon whom the parties extend this time period for an additional competing effectively in the provision of have agreed and the Court shall appoint period of time not to exceed two fuel and other services to general that person as the trustee. If neither of months. aviation customers at Lambert Field; (2) such nominees is acceptable to plaintiff, D. Defendant agrees to take all the purchaser has the managerial, it shall furnish the Court the names and reasonable steps to accomplish quickly operational, and financial capability to qualifications of its proposed nominees said divestiture. In carrying out its compete effectively in the provision of and the names and qualifications of the obligation to divest the Sabreliner’s fuel and other services to general nominees proposed by defendant. The Transient Fuel Business, defendant may Court may hear the parties as to the aviation customers at Lambert Field; divest these operations alone, or may qualifications of the nominees and shall and (3) none of the terms of any divest along with these operations any appoint one of the nominees as the other assets of Sabreliner. sublease between the purchaser and trustee. E. In accomplishing the divestiture Sabreliner give Sabreliner the ability B. If defendant has not accomplished ordered by this Final Judgment, the artificially to raise the purchaser’s costs, the divestiture required by Section IV of defendant promptly shall make known lower the purchaser’s efficiency, or this Final Judgment at the expiration of in the United States and in other major otherwise interfere in the ability of the the time period specified in Section countries, by usual and customary purchaser to provide fuel and other IV(C),the appointment by the Court of means, the availability of Sabreliner’s services to general aviation customers at the trustee shall become effective. The Transient Fuel Business for sale as an Lambert Field. If the divestiture is of trustee shall then take steps to effect ongoing business. The defendant shall Sabreliner’s Transient Fuel Business, it divestiture of Sabreliner’s Transient notify any person making an inquiry must be demonstrated to plaintiff’s Fuel Service Business. The trustee shall regarding the possible purchase of this satisfaction that the purchaser can have the right, in its sole discretion, to operation that the sale is being made operate a transient fueling business on include in the package of assets to be pursuant to this Final Judgment and a stand-alone basis with costs and divested any or all of the assets of provide such person with a copy of the efficiency comparable to those achieved Sabreliner’s Cargo and General Aviation Final Judgment. The defendant shall by Sabreliner’s current integrated Business. also offer to furnish to all bona fide general aviation and cargo business. C. After the trustee’s appointment has prospective purchasers of Sabreliner’s become effective, only the trustee shall Transient Fuel Business, subject to G. Except to the extent otherwise have the right to sell Sabreliner’s customary confidentiality assurances, approved by plaintiff, any assets Transient Fuel Service Business and all pertinent information regarding divested pursuant to this Final Sabreliner’s General Aviation and Cargo Sabreliner’s Cargo and General Aviation Judgment shall be divested free and Business. The trustee shall have the Business, including Sabreliner’s clear of all mortgages, encumbrances power and authority to accomplish the Transient Fuel Business except such and liens to Sabreliner or TWA. divestiture to a purchaser acceptable to information subject to attorney-client plaintiff at such price and on such terms 9402 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices as are then obtainable upon a reasonable name, address, and telephone number of Defendant and/or the trustee shall effort by the trustee, subject to the each person who, during the preceding furnish any additional information provisions of Section VIII of this Final thirty (30) days, made an offer to requested within twenty (20) days of the Judgment, and shall have such other acquire, expressed an interest in receipt of the request, unless the parties powers as this Court shall deem acquiring, entered into negotiations to shall otherwise agree. Within thirty (30) appropriate. Defendant shall not object acquire, or was contacted or made an days after receipt of the notice or within to a sale of Sabreliner’s Transient Fuel inquiry about acquiring, any ownership twenty (20) days after plaintiff has been Service Business or any or all interest in Sabreliner’s Cargo and provided the additional information Sabreliner’s Cargo and General Aviation General Aviation Business, and shall requested (including any additional Business by the trustee on any grounds describe in detail each contact with any information requested of persons other other than the trustee’s malfeasance. such person during that period. The than defendant or the trustee), Any such objection by defendant must trustee shall maintain full records of all whichever is later, plaintiff shall be conveyed in writing to plaintiff and efforts made to divest these operations. provide written notice to defendant and the trustee within fifteen (15) days after G. Within six months after its the trustee, if there is one, stating the trustee has notified defendant of the appointment has become effective, if the whether or not it objects to the proposed proposed sale in accordance with trustee has not accomplished the divestiture. If plaintiff provides written Section VIII of this Final Judgment. divestiture required by Section VI of notice to defendant and/or the trustee D. The trustee shall serve at the cost this Final Judgment, the trustee shall that it does not object, then the and expense of defendant, shall receive promptly file with the Court a report divestiture may be consummated, compensation based on a fee setting forth (1) the trustee’s efforts to subject only to defendant’s limited right arrangement providing an incentive accomplish the required divestiture, (2) to object to the sale under the provisions based on the price and terms of the the reasons, in the trustee’s judgment, in Sections VI(C). Absent written notice divestiture and the speed with which it why the required divestiture has not that the plaintiff does not object to the is accomplished, and shall serve on been accomplished, and (3) the trustee’s proposed purchaser, a divestiture such other terms and conditions as the recommendations; provided, however, proposed under Section IV shall not be Court may prescribe; provided, that to the extent such reports contain consummated. Upon objection by however, that the trustee shall receive information that the trustee deems plaintiff, a divestiture proposed under no compensation, nor incur any costs or confidential, such reports shall not be Section V shall not be consummated. expenses, prior to the effective date of filed in the public docket of the Court. Upon objection by plaintiff, or by his or her appointment. The trustee The trustee shall at the same time defendant under the priviso in Sections shall account for all monies derived furnish such report to the parties, who VI(C), a divestiture proposed under from a sale of Sabreliner’s Cargo and shall each have the right to be heard and Section V shall not be consummated General Aviation Business and all costs to make additional recommendations unless approved by the Court. and expenses incurred in connection consistent with the purpose of the trust. therewith. After approval by the Court The Court shall thereafter enter such VII of the trustee’s accounting, including orders as it shall deem appropriate in Affidavits fees for its services, all remaining order to carry out the purpose of the monies shall be paid to defendant and trust, which shall, if necessary, include Upon filing of this Final Judgment the trust shall then be terminated. augmenting the assets to be divested, and every thirty (30) days thereafter E. Defendant shall take no action to and extending the trust and the term of until the divestiture has been completed interfere with or impede the trustee’s the trustee’s appointment. or authority to effect divestiture passes accomplishment of the divestiture of to the trustee pursuant to Section V of Sabreliner’s Transient Fuel Service VI this Final Judgment, defendant shall Business or any or all of Sabreliner’s Notification deliver to plaintiff an affidavit as to the Cargo and General Aviation Business fact and manner of compliance with and shall use its best efforts to assist the Immediately following entry of a Sections IV and V of this Final trustee in accomplishing the required binding contract, contingent upon Judgment. Each such affidavit shall divestiture. The trustee shall have full compliance with the terms of this Final include the name, address, and and complete access to the personnel, Judgment, to effect any proposed telephone number of each person who, books, records, and facilities of divestiture pursuant to Sections IV or V at any time after the period covered by Sabreliner’s overall business, and of this Final Judgment, defendant or the the last such report, made an offer to defendant shall develop such financial trustee, whichever is then responsible acquire, expressed an interest in or other information relevant to for effecting the divestiture, shall notify acquiring, entered into negotiations to Sabreliner’s Cargo and General Aviation plaintiff of the proposed divestiture. If acquire, or was contacted or made an Business. the trustee is responsible, it shall inquiry about acquiring, any ownership F. After its appointment becomes similarly notify defendant. The notice interest in Sabreliner’s Transient Fuel effective, the trustee shall file monthly shall set forth the details of the Business or Sabreliner’s Cargo and reports with the parties and the Court proposed transaction and list the name, General Aviation Business, and shall setting forth the trustee’s efforts to address, and telephone number of each describe in detail each contact with any accomplish divestiture of Sabreliner’s person not previously identified who such person during that period. Transient Fuel Service Business or any offered to, or expressed an interest in or Defendant shall maintain full records of or all of Sabreliner’s Cargo and General desire to, acquire any ownership all efforts made to divest these Aviation Business as contemplated interest in the business that is the operations. under this Final Judgment; provided, subject of the binding contract, together however, that to the extent such reports with full details of same. Within fifteen VIII contain information that the trustee (15) days of receipt by plaintiff of such Financing deems confidential, such reports shall notice, plaintiff may request additional not be filed in the public docket of the information concerning the proposed With prior consent of the plaintiff, Court. Such reports shall include the divestiture and the proposed purchaser. defendant may finance all or any part of Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9403 any purchase made pursuant to Sections defendant shall refrain from terminating D. If at the time information or IV or V of this Final Judgment. or altering one or more current documents are furnished by defendant employment, salary, or benefit to plaintiff, defendant represents and IX agreements for one or more executive, identifies in writing the material in any Preservation of Assets managerial, sales, marketing, such information or documents to Until the divestitures required by the engineering, or other technical which a claim of protection may be Final Judgment have been personnel of Sabreliner’s Cargo and asserted under rule 26(c)(7) of the accomplished: General Aviation Business, including its Federal Rules of Civil Procedure, and A. Defendant shall take all steps Transient Fuel Business, and shall defendant marks each pertinent page of necessary to assure that Sabreliner’s refrain from transferring any employee such material, ‘‘Subject to claim of Cargo and General Aviation Business so employed without the prior approval protection under Rule 26(c)(7) of the will be maintained as separate and of plaintiff. Federal Rules of Civil Procedure,’’ then independent economically viable, F. Defendant shall refrain from taking ten (10) days notice shall be given by ongoing businesses with Midcoast’s any action that would jeopardize the plaintiff to defendant prior to divulging assets required for the provision of sale of Sabreliner’s Cargo and General such material in any legal proceeding Midcoast’s transient fuel services Aviation Business. (other than a grand jury proceeding). (including leaseholds, contracts, X XI management, operations, and books and records) separate, distinct and apart Compliance Inspection Retention of Jurisdiction from those of Sabreliner. The defendant For the purposes of determining or Jurisdiction is retained by this Court shall use all reasonable efforts on behalf securing compliance with the Final for the purpose of enabling any of the of Sabreliners’s Cargo and General Judgment and subject to any legally parties to this Final Judgment to apply Aviation Business to maintain and recognized privilege, from time to time: to this Court at any time for such further increase sales of transient fuel and other A. Duly authorized representatives of orders and directions as may be services to general aviation customers at the Department of Justice shall, upon necessary or appropriate for the Lambert Field, and otherwise maintain written request of the Attorney General construction or carrying out of this Final the business as a viable and active or of the Assistant Attorney General in Judgment, for the modification of any of competitor at Lambert Field. charge of the Antitrust Division, and on the provisions hereof, for the B. The defendant shall not sell, lease, reasonable notice to defendant made to enforcement of compliance herewith, assign, transfer or otherwise dispose of, its principal office, be permitted: and for the punishment of any or pledge as collateral for loans (except 1. Access during office hours of such violations hereof. such loans as are currently outstanding defendant to inspect and copy all books, XII or replacements of substitutes ledgers, accounts, correspondence, therefore), assets required to be divested memoranda, and other records and Termination pursuant to Sections IV or V except that documents in the possession or under This Final Judgment will expire on any component of such assets as is the control of such defendant, who may the tenth anniversary of the date of its replaced in the ordinary course of have counsel present, relating to any entry. business with a newly purchased matters contained in this Final component may be sold or otherwise Judgment; and XIII disposed of, provided the newly 2. Subject to the reasonable Public Interest purchased component is so identified as convenience of such defendant and Entry of this Final Judgment is in the a replacement component for one to be without restraint or interference from it, public interest. divested. to interview officers, employees, and C. The defendant shall provide capital agents of such defendant, who may have Dated: and provide and maintain sufficient counsel present, regarding any such lllllllllllllllllllll working capital to maintain Sabreliner’s matters. United States District Judge Cargo and General Aviation Business, as B. Upon the written request of the Competitive Impact Statement viable, ongoing businesses consistent Attorney General or of the Assistant with the requirements of Section IX(A). Attorney General in charge of the United States of America, Plaintiff, v. D. The defendant shall preserve the Antitrust Division made to defendant’s Sabreliner Corporation, Defendant. assets required to be divested pursuant principal office, such defendant shall Case Number 1:95CV00241 to Section IV and V, except those submit such written reports, under oath Judge: Stanley Sporkin Deck Type: Antitrust replaced with newly acquired assets in if requested, with respect to any of the Date Stamp: 02/06/95 the ordinary course of business, in a matters contained in this Final state of repair equal to their state of Judgment as may be requested. Pursuant to Section 2(b) of the repair as of the date of this Final C. No information or documents Antitrust Procedures and Penalties Act Judgment, ordinary wear and tear obtained by the means provided in this (‘‘APPA’’), 15 U.S.C. (b)–(h), the United excepted. Defendant shall preserve the Section X shall be divulged by a States of America files this Competitive documents, books and records of representative of the Department of Impact Statement relating to the Midcoast until the date of divestiture of Justice to any person other than a duly proposed Final Judgment submitted for Sabreliner’ Transient Fuel Business and authorized representative of the entry with the consent of Sabreliner shall preserve the documents, books and Executive Branch of the United States, Corporation in this civil antitrust records of Sabreliner’s Cargo and except in the course of legal proceedings proceeding. General Aviation Business until the date to which the United States is a party I of divesture of that business. (including grand jury proceedings), or E. Except in the ordinary course of for the purpose of securing compliance Nature and Purpose of the Proceeding business, or as is otherwise consistent with this Final Judgment, or as On February 6, 1995, the United with the requirements of Section IX, the otherwise required by law. States filed a Complaint alleging that the 9404 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices acquisition of Midcoast Aviation, Inc. These services principally involve of that market and Midcoast has 85%. (hereinafter ‘‘Midcoast’’) by Sabreliner aircraft fueling services and Transient general aviation customers Corporation, (hereinafter ‘‘Sabreliner’’) maintenance services, such as aircraft have benefited from competition was a violation of Section 7 of the cleaning and de-icing, and also the between these two firms, receiving Clayton Act (15 U.S.C. 18). The provision of such facilities as lounges lower jet fuel prices and improved FBO Complaint alleges that the effect of the for passengers and flight crews, ground services. As a result of its acquisition of merger may be substantially to lessen transportation, and canteens. Last year, Midcoast, Sabreliner now has a competition for the sale of jet fuel by general aviation customers purchased monopoly of the Lambert transient fixed base operators (‘‘FBOs’’) to general around $1 billion of jet fuel from FBOs general aviation jet fuel market, which, aviation aircraft at St. Louis-Lambert nationwide. absent relief, will likely cause general International Airport. Sabreliner and General aviation customers flying into aviation customers to pay higher prices Midcoast are the only two providers of airports other than the airport where for jet fuel and received diminished jet fuel for transient general aviation they are based are called ‘‘transients.’’ If services. customers at Lambert Field. transient general aviation customers The St. Louis Airport Authority has On February 6, 1995, the United need to purchase fuel away from home, committed to expanding the amount of States and defendant also filed a they must purchase fuel from an FBO. space available at Lambert for scheduled Stipulation by which they consented to Pilots of corporate and charter jets commercial traffic and is unlikely to the entry of a proposed Final Judgment select the airports to which they will fly allocate more space to accommodate designed to eliminate the based on where their passengers need to another FBO in the near future. anticompetitive effects of the merger. go, or where their passengers need to be Therefore, an increase in the price of jet Under the proposed Final Judgment, as picked up. The pilots will then choose fuel to transient general aviation explained more fully below, Sabreliner then FBO at that airport offering the customers will not be defeated by a new would be required to sell or assign, by most favorable combination of fuel entrant. May 1, 1995, certain assets and prices and services. There are no III leasehold interests. If it should fail to do alternative sources to which the pilots so, a trustee appointed by the Court would switch to obtain jet fuel if the Explanation of The Proposed Final would be empowered to divest these FBOs raise prices. Judgment assets. Although Lambert Field is one of several airports in the St. Louis area The United States brought this action The United States and Sabreliner have because the effect of the acquisition of agreed that the proposed Final Judgment servicing general aviation aircraft, Lambert is the only airport in St. Louis Midcoast by Sabreliner may be may be entered after compliance with substantially to lessen competition, in the APPA. Entry of the proposed Final that provides commercial scheduled domestic and international service. In violation of Section 7 of the Clayton Judgment will terminate the action, addition, Lambert offers close proximity Act, in the Lambert transient general except that the Court will retain to downtown St. Louis. Both of these aviation jet fuel market. The risk to jurisdiction to construe, modify and features make Lambert attractive to competition posed by this acquisition, enforce the Final Judgment, and to general aviation passengers. however, would be eliminated if the punish violations of the Final Judgment. Because of the large volume of assets and leases currently held by II commercial traffic served by Lambert, Sabreliner to operate its Lambert however, the airport is frequently very transient general aviation fueling Events Giving Rise to the Alleged congested. To avoid this congestion, business were sold and assigned to a Violation general aviation pilots prefer to use purchaser that could operate them as an On November 2, 1994, Sabreliner, other airports in the St. Louis area, active, independent and financially Midcoast, and Trans World Airlines, which accommodate primarily general viable competitor. To this end, the Inc. (the parent of Midcoast) entered aviation traffic. General aviation aircraft provisions of the proposed Final into an agreement under which usually will fly into Lambert only if it Judgment are designed to accomplish Sabreliner would acquire all of the stock is necessary to satisfy a passenger’s the sale and assignment of certain assets of Midcoast for approximately $7.2 travel requirements. Those pilots that and leaseholds to such a purchaser and million. select Lambert as their destination thereby prevent the anticompetitive Sabreliner, engaged primarily in the airport, therefore, are not likely to effects of the proposed acquisition. business of repairing and overhauling change their flight plan to obtain lower Section IV of the proposed Final jet aircraft, also operates a FBO service fuel prices at other airports. Judgment requires defendant Sabreliner, at Lambert Field in St. Louis. The Complaint alleges that the sale of by May 1, 1995, to divest either its Sabreliner’s total revenues for fiscal jet fuel to transient general aviation Transient Fuel Service Business as 1994 were over $100 million. customers is a relevant product market defined in Section II. D, or its Cargo and Midcoast has FBO facilities at Adams for antitrust purposes. The Complaint General Aviation Business, as defined in Field in Little Rock, AK, Bi-State Parks further alleges that Lambert-St. Louis Section II. E of the proposed Final in Cahokia, IL, and St. Louis-Lambert in International Airport is a relevant Judgment. Divestiture of one of the two St. Louis, MO. From these facilities, geographic market within the meaning groups of assets and leaseholds will Midcoast performs repairs, of Section 7 of the Clayton Act. The cure the potential anticompetitive maintenance, and overhauls in addition Complaint refers to the relevant market consequences of Sabreliner’s acquisition to other FBO services, including jet as the ‘‘Lambert transient general of Midcoast. fueling. Midcoast had revenues of $41 aviation jet fuel market.’’ The first group, Sabreliner’s Transient million in 1993. Sabreliner and Midcoast have been General Aviation Business, includes the FBOs provide aircraft terminaling the only two FBOs providing, and assets and leases a prospective services to general aviation aircraft capable of providing in the future, purchaser would need to effectively customers, typically charter operators or fueling services to general aviation operate a stand-alone transient general other private operators that provide aircraft at Lambert Field. Based on jet aviation fueling business. Should a transportation for business executives. fuel sales revenue, Sabreliner has 15% purchaser elect to acquire and operate Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9405 these assets, the competition lost the trust or the term of the trustee’s date of the proposed Final Judgment through Sabreliner’s acquisition of appointment. within which any person may submit to Midcoast would be restored. However, Under Section IX of the proposed the United States written comments Sabreliner’s current revenue stream Final Judgment, defendant Sabreliner regarding the proposed Final Judgment. from its transient general aviation must take certain steps to ensure that, Any person who wishes to comment fueling business may be too small to until the required divestiture has been should do so within 60 days of the date attract, or viably support, a satisfactory completed, the divestiture assets— of publication of this Competitive purchaser. Accordingly, the second Sabreliner’s cargo and general aviation Impact Statement in the Federal group, Cargo and General Aviation business—will be maintained as a Register. The United States will evaluate Business, is a broader package that separate, ongoing, viable business and the comments, determine whether it includes assets that Sabreliner currently kept distinct from Midcoast’s assets and should withdraw its consent, and operates to provide fuel and other facilities at Lambert. Until such respond to comments. The comments services to both cargo and general divestiture, Sabreliner must also and the response of the United States aviation aircraft at Lambert Field. continue to maintain and operate the will be filed with the Court and Under the proposed Final Judgment, business as a viable, independent published in the Federal Register. Sabreliner must take all reasonable steps competitor at Lambert Field, using all Written comments should be necessary to accomplish quickly the reasonable efforts to maintain and submitted to: Roger W. Fones, Chief, divestiture of one of the two specified increase transient fuel sales. Sabreliner Transportation, Energy & Agriculture groups of assets, and shall cooperate must maintain the business, so that it Section, Antitrust Division, Judiciary with bona fide prospective purchasers continues to be salable, including Center Building, 555 4th Street, N.W., by supplying all information relevant to maintaining all records, loans, and Room 9104, Washington, DC 20001. personnel necessary for its operation. the proposed sale. Should Sabreliner VI fail to complete its divestiture by May Section X requires the defendant to 1, 1995, the Court will appoint, make available, upon request, the Altneratives to the Proposed Final pursuant to Section V, a trustee to business records and the personnel of Judgment accomplish the divestiture. The United its business. This provision allows the The proposed Final Judgment requires States will have the discretion to delay United States to inspect and ensure that that the divestiture assets be sold to a the appointment of the trustee for up to the defendant is complying with the purchaser with the capability and an additional two months should it requirements of the proposed Final present intent of operating them as part appear that the assets can be sold in the Judgment. Section XII of the proposed of a viable, ongoing business capable of extended time period. Final Judgment provides that it will providing transient general aviation Following the trustee’s appointment, expire on the tenth anniversary of its fueling services at Lambert Field. Thus, only the trustee will have the right to entry by the Court. compliance with the proposed Final sell the divestiture assets, and defendant IV Judgment and the completion of the sale Sabreliner will be required to pay for all required by the Judgment should resolve of the trustee’s sale-related expenses. It Remedies Available to Potential Private the competitive concerns raised by the will be in the sole discretion of the Litigants acquisition. trustee to sell either package of assets, Section 4 of the Clayton Act (15 Litigation is, of course, always an or any combination of those assets, U.S.C. 15) provides that any person who alternative to a consent decree in a necessary to accomplish a timely has been injured as a result of conduct Section 7 case. The United States divestiture of Sabreliner’s Transient prohibited by the antitrust laws may rejected this alternative because the sale Fuel Service Business. bring suit in federal court to recover required under the proposed Final Section VI of the proposed Final three times the damages the person has Judgment should prevent the Judgment would assure the United suffered, as well as costs and reasonable acquisition by Sabreliner of Midcoast States an opportunity to review any attorneys’ fees. Entry of the proposed from having a significant proposed sale, whether by Sabreliner or Final Judgment will neither impair nor anticompetitive effect in the relevant by the trustee, before it occurs. Under assist the bringing of any private market alleged. this provision, the United States is antitrust damage action. Under the The United States is satisfied that the entitled to receive complete information provisions of Section 5(a) of the Clayton proposed Final Judgment fully resolves regarding any proposed sale or any Act (15 U.S.C. 16(a)), the proposed Final the anticompetitive effects of the prospective purchaser prior to Judgment has no prima facie effect in proposed merger alleged in the consummation. Upon objection by the any subsequent private lawsuit that may Complaint. Although the proposed Final United States to a sale of the divestiture be brought against the defendant. Judgment may not be entered until the criteria established by the APPA (15 assets by the defendant Sabreliner, a V proposed divestiture may not be U.S.C. 16(b)(–(h)) have been satisfied, completed. Should the United States Procedure for Commenting on the the public will benefit immediately object to a sale of the divested assets by Proposed Final Judgment from the safeguards in the proposed the trustee, that sale shall not be The United States and defendant have Final Judgment because the defendant consummated unless approved by the stipulated that the proposed Final has stipulated to comply with the terms Court. Judgment may be entered by the Court of the Judgment pending its entry by the Pursuant to Section V.G., should the after compliance with the provisions of Court. trustee not accomplish the divestiture the APPA, provided that the United VII within six months of appointment, the States has not withdrawn its consent. trustee and the parties will make The APPA conditions entry upon the Determinative Materials and Documents recommendations to the Court, which Court’s determination that the proposed There are no materials or documents shall enter such orders as it deems Final Judgment is in the public interest. that the United States considered to be appropriate to carry out the purpose of The APPA provides a period of at determinative in formulating this the trust, which may include extending least 60 days preceding the effective proposed Final Judgment. Accordingly, 9406 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices none are being filed with this DEPARTMENT OF LABOR subject matter of the investigations may Competitive Impact Statement. request a public hearing, provided such Employment and Training request is filed in writing with the Dated: February 6, 1995. Administration Respectfully submitted. Director, Office of Trade Adjustment Roger W. Fones, Investigations Regarding Certifications Assistance, at the address shown below, of Eligibility To Apply for Worker Chief. not later than February 27, 1995. Adjustment Assistance Donna N. Kooperstein, Interested persons are invited to Assistant Chief. Petitions have been filed with the submit written comments regarding the Jonathan D. Lee, Secretary of Labor under Section 221(a) subject matter of the investigations to of the Trade Act of 1974 (‘‘the Act’’) and Attorney. the Director, Office of Trade Adjustment are identified in the Appendix to this Assistance, at the address shown below, Certificate of Service notice. Upon receipt of these petitions, not later than February 27, 1995. the Director of the Office of Trade I hereby certify that I am an attorney The petitions filed in this case are for the United States in this action, and Adjustment Assistance, Employment available for inspection at the Office of have caused a true and correct copy of and Training Administration, has the Director, Office of Trade Adjustment the foregoing Complaint, Stipulation, instituted investigations pursuant to Assistance, Employment and Training proposed Final Judgment, and Section 221(a) of the Act. Competitive Impact Statement, to be The purpose of each of the Administration, U.S. Department of served by first class mail and February investigations is to determine whether Labor, 200 Constitution Avenue NW., 6, 1995 for the defendant at the address the workers are eligible to apply for Washington, D.C. 20210. below: adjustment assistance under Title II, Signed at Washington, D.C. this 6th day of Chapter 2, of the Act. The investigations John Gillick, February, 1995. will further relate, as appropriate, to the Winthrop, Stimson, Putnam & Roberts. determination of the date on which total Victor J. Trunzo, For defendant Sabreliner Corporation. or partial separations began or Program Manager, Policy & Reemployment Jonathan D. Lee, threatened to begin and the subdivision Services, Office of Trade Adjustment Attorney in Charge. of the firm involved. Assistance. [FR Doc. 95–3889 Filed 2–16–95; 8:45 am] The petitioners or any other persons BILLING CODE 4410±01±M showing a substantial interest in the APPENDIX Date Date of Petitioner: Union workers/firmÐ Location received petition Petition No. Articles produced Allied Signal (wkrs) ...... Greenville, OH ...... 02/06/95 01/26/95 30,701 Automobile Filters. Bearings, Inc (wkrs) ...... Cleveland, OH ...... 02/06/95 01/10/95 30,702 Bearings and Power Transmission. Dauman Dislays (wkrs) ...... New York, NY ...... 02/06/95 01/22/95 30,703 Glass Display Cabinets. Lynwood Fashions (ILGWU) ...... Wilkes-Barre, PA ...... 02/06/95 01/24/95 30,704 Ladies' Dresses. M.W. Carr Co., Inc (Co) ...... Somerville, MA ...... 02/06/95 01/20/95 30,705 Wood & Metal Frames. Xerox Corp (wkrs) ...... Rochester, NY ...... 02/06/95 01/18/95 30,706 Copiers and Printers. Tidewater Inc. (wkrs) ...... New Orleans, LA ...... 02/06/95 01/24/95 30,707 Oilfield Services. U.S. Dept. of Agri., F.S.I.S.,I.I.D. (wkrs) ...... New Orleans, LA ...... 02/06/95 01/23/95 30,708 Meat Inspection Services. Contract Mfg./Monroe Mfg. (ACTWU) ...... Monroe, LA ...... 02/06/95 01/23/95 30,709 Baby Bottles & Infant Gift Sets. Crown Cork & Seal (wkrs) ...... Swedesboro, NJ ...... 02/06/95 01/23/95 30,710 Metal CansÐBaby Formula. Avenue West Sportswear (wkrs) ...... Hammonton, NJ ...... 02/06/95 01/09/95 30,711 Ladies Sportswear. U.S. Information Agency (wkrs) ...... Mason, OH ...... 02/06/95 01/20/95 30,712 Domestically Produced Radio Programing. Cascade Woolen Mills, Inc (wkrs) ...... Oakland, ME ...... 02/06/95 01/26/95 30,713 Woolen & Synthetic Fabrics. Endicott Forgings & Mfg Co(IAMAW) ...... Endicott, NY ...... 02/06/95 01/26/95 30,714 Metal Forgings. Hanover Shoe C (Co) ...... Marlinton, WV ...... 02/06/95 01/25/95 30,715 Men's Dress Shoes. Hanover Shoe Co (Co) ...... Franklin, WV ...... 02/06/95 01/25/95 30,716 Men's Dress Shoes. 3m Co (OCAW) ...... Freehold, NJ ...... 02/06/95 01/25/95 30,717 Electric Tapes. Q.T. Foundations (ILGWU) ...... Bergen Field, NJ ...... 02/06/95 01/25/95 30,718 Under Garments. Joseph Frank (ILGWU) ...... Passaic, NJ ...... 02/06/95 01/25/95 30,719 Women's Coats. SNE Enterprises, Inc. (wkrs) ...... Spokane, WA ...... 02/06/95 01/24/95 30,720 Wood Windows & Doors. Sunbeam-Oster Household Products (wkrs) .... Holly Springs, MS ...... 02/06/95 01/26/95 30,721 Kitchen Appliances. [FR Doc. 95–4025 Filed 2–16–95; 8:45 am] BILLING CODE 4510±30±M Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9407 [TA±W±30,360 Nylon Hosiery Department [TA±W±30,360] workers’ firm’s customers. The TA±W±30,360A Polyester Filament Department’s survey of manufacturers Department] BASF Corporation, Lowland, for whom the subject firm performed Tennessee; Investigations Regarding contract work in 1992, 1993 and in the BASF Corporation, Lowland, Certifications of Eligibility to Apply for first nine months of 1994 showed that Tennessee; Amended Certification Worker Adjustment Assistance; none of the respondents reported Regarding Eligibility To Apply for Correction importing fused cloth material in the Worker Adjustment Assistance This notice corrects the notice for relevant period. petition TA–W–30,360 which was Counsel states that Contract Fusing In accordance with Section 223 of the published in the Federal Register on was a subdivision of Valley Dress whose Trade Act of 1974 (19 USC 2273) the October 21, 1994 (59 FR 53209) in FR workers were certified for TAA by the Department of Labor issued a Document 94–26176. Department. Counsel also states that the Certification of Eligibility to Apply for This revises the date received and the issue is not the importation of fused Worker Adjustment Assistance on date of petition on the 1st line of the cloth but rather the importation of December 7, 1994, applicable to all third and fourth columns in the garments/dresses and that the entire workers of the nylon hosiery appendix table on page 53209. The date garment industry has been adversely department. The certification notice was received and the date of petition should affected by increased imports. published in the Federal Register on both read ‘‘August 1, 1994’’ in the third A review of the investigation files for January 3, 1995 (60 FR 148). and fourth columns on the first line of Valley Dress (TA–W–27,889) shows that The certification was amended on the appendix table. the workers produced ladies’ dresses February 3, 1995 to include all the Signed in Washington, DC, this 10th day of and suits and the workers were certified workers of the polyester filament February, 1995. for TAA; however, the plant closed permanently on June 15, 1992. The date department. This notice will soon be Victor J. Trunzo, of the petition for the subject workers of published in the Federal Register. Program Manager, Policy and Reemployment Contract Fusing is August 19, 1994. At the request of the workers and with Services, Office of Trade Adjustment Assistance. To show integration of production congressional support, the Department [FR Doc. 95–4021 Filed 2–16–95; 8:45 am] between Valley Dress and Contract again reviewed the certification for Fusing, the workers of Contract fusing BILLING CODE 4510±30±M workers of the subject firm. New should have filed 2 to 3 years earlier findings show that some workers were when Valley Dress was in operation. At laid off just prior to the September 19, [TA±30,259] this late date the Department sees no 1993 impact date set in the certification. effect on Contract Fusing from a The Department in setting its impact Contract Fusing, Duryea, Pennsylvania certified plant that closed much earlier. date can go back to August 1, 1993. Very early in the administration of the Notice of Negative Determination worker adjustment assistance program, Accordingly, the Department is Regarding Application for amending the certification by deleting the courts addressed the issue of Reconsideration components and finished articles. In the September 19, 1993 impact date and United Shoe Workers of America, AFL- setting a new impact date of August 1, By an application dated December 19, CIO v. Bedell, 506 F2d 174, (D.C. Cir. 1993. 1994, counsel for the workers requested administrative reconsideration of the 1974) the court held that imported The intent of the Department’s subject petition for trade adjustment finished women’s shoes were not like or certification is to include all workers assistance (TAA). The denial notice was directly competitive with shoe who were adversely affected by singed on November 21, 1994 (59 FR components—shoe counters. Similarly, increased imports. 63822). ladies’ dresses and suits cannot be The amended notice applicable to Pursuant to 29 CFR 90.18(c) considered like or directly competitive TA–W–30,360 is hereby issued as reconsideration may be granted under with fused cloth or other components follows: the following conditions: for ladies’ dresses or suits. (1) If it appears on the basis of facts Further, the worker adjustment All workers of BASF Corporation, not previously considered that the assistance program was not intended to Polyester Filament Department and the determination complained of was provide TAA to workers who are in Nylon Hosiery Department, Lowland, erroneous; some way related to import competition Tennessee who became totally or partially (2) If it appear that the determination but only for those workers who produce separated from employment on or after complained of was based on a mistake an article and are adversely affected by August 1, 1993 are eligible to apply for in the determination of fact not increased imports of like or directly adjustment assistance under Section 223 of previously considered; or competitive articles which contributed the Trade Act of 1974. (3) If in the opinion of the Certifying importantly to sales or production and Signed in Washington, D.C., this 10th day Officer, a mis-interpretation of facts or employment declines at the workers’ of February 1995. of the law justified reconsideration of firm. Fusing cloth (an operation or Victory J. Trunzo, the decision. service) is not like or directly Program Manager, Policy and Reemployment The investigation findings show that competitive with ladies’ dresses or suits. the workers performed various fusing Services, Office of Trade Adjustment Conclusion Assistance. services for various manufacturers. [FR Doc. 94–4020 Filed 2–16–95; 8:45 am] The Department’s denial was based After review of the application and BILLING CODE 4510±30±M on the fact that the ‘‘contributed investigative findings, I conclude that importantly’’ test of the workers group there has been no error or eligibility requirements of the Trade Act misinterpretation of the law or of the was not met. This test is generally facts which would justify demonstrated through a survey of the reconsideration of the Department of 9408 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Labor’s prior decision.Accordingly, the employment; (2) an absolute decline in The Department of Labor surveyed the application is denied. sales or production and (3) increased principal customer of the subject firm Signed at Washington, DC, this 10th day of imports of articles that are like or regarding its purchases of fuel pump February, 1995. directly competitive with those armatures in 1992–1993 and January to produced by the subject firm and which November, 1993–1994. The survey Victor J. Trunzo, contributed importantly to declines in revealed that the customer is sourcing a Program Manager, Policy and Reemployment sales or production and employment. large portion of the armatures formerly Services, Office of Trade Adjustment The ‘‘contributed importantly’’ test in purchased from the subject firm with Assistance. this case was not met. armatures produced abroad. [FR Doc. 95–4019 Filed 2–16–95; 8:45 am] The workers were denied under a Conclusion BILLING CODE 4510±30±M NAFTA petition, (NAFTA 274). Conclusion After careful review of the facts obtained in the investigation, I conclude [TA±W±30,483] After review of the application and that increases of imports of articles like investigative findings, I conclude that or directly competitive with automobile EFR Corporation, Everett, Washington; there has been no error or Notice of Negative Determination fuel pump armatures produced at misinterpretation of the law or of the McCord Winn Textron, Winchester, Regarding Application for facts which would justify Reconsideration Massachusetts, contributed importantly reconsideration of the Department of to the decline in sales or production and By an application dated January 9, Labor’s prior decision. Accordingly, the to the total or partial separation of 1995, a former company official application is denied. workers of that firm. In accordance with requested administrative Signed at Washington, D.C., this 10th day the provisions of the Act, I make the reconsideration of the subject petition of February 1995. following certification: for trade adjustment assistance, TAA. Victor J. Trunzo, ‘‘All workers of McCord Winn The denial notice was issued on Program Manager, Policy and Reemployment Textron, Winchester, Massachusetts, December 22, 1994 and published in the engaged in employment related to the Federal Register on January 20, 1995 Services, Office of Trade Adjustment Assistance. production of automobile fuel pump (60 FR 4194). armatures who became totally or [FR Doc. 95–4018 Filed 2–16–95; 8:45 am] Pursuant to 29 CFR 90.18(c) partially separated from employment on reconsideration may be granted under BILLING CODE 4510±30±M or after December 8, 1993, through two the following circumstances: years from the date of certification are (1) If it appears on the basis of facts eligible to apply for adjustment not previously considered that the DEPARTMENT OF LABOR assistance under Section 223 of the determination complained of was Trade Act of 1974.’’ erroneous; Employment and Training (2) If it appears that the determination Administration Signed in Washington, D.C. this 31st day of January, 1995. complained of was based on a mistake in the determination of facts not [TA±W±30, 579] Victor J. Trunzo, previously considered; or McCord Winn Textron, Winchester, Program Manager, Policy and Reemployment (3) If in the opinion of the Certifying MA; Certification Regarding Eligibility Services, Office of Trade Adjustment Officer, a misinterpretation of facts or of To Apply for Worker Adjustment Assistance. the law justified reconsideration of the Assistance [FR Doc. 95–4026 Filed 2–16–95; 8:45 am] decision. Investigation findings show that the In accordance with Section 223 of the BILLING CODE 4510±30±M workers produced logs. Trade Act of 1974 (19 USC 2273) as In 1994 EFR went into a partnership amended by the Omnibus Trade and with Crown Pacific to clear a parcel of Competitiveness Act of 1988 (P. L. 100– [TA±W±30,186] land. EFR owned the timber once the 418), the Department of Labor herein Owens-Illinois a/k/a Owens Brockway logs were cut. EFR sold the logs to one presents the results of an investigation Glass Containers Waco, TX; Amended customer. The partnership was regarding certification of eligibility to Certification Regarding Eligibility To dissolved in November 1994. apply for worker adjustment assistance. Apply for Worker Adjustment The Department’s denial was based In order to make an affirmative Assistance on the fact that the ‘‘contributed determination and issue a certification importantly’’ test of the worker group of eligibility to apply for adjustment eligibility requirements of the Trade Act assistance each of the group eligibility In accordance with Section 223 of the was not met. The ‘‘contributed requirements of Section 222 of the Act Trade Act of 1974 (19 USC 2273) the importantly’’ test is generally must be met. It is determined in this Department of Labor issued a demonstrated through a survey of the case that all of the requirements have Certification of Eligibility to Apply for subject firm’s major declining been met. Worker Adjustment Assistance on customers. The Department’s survey The investigation was initiated in November 1, 1994, applicable to all found that the respondents did not response to a petition received on workers of Owens-Illinois in Waco, import logs or limber in the period December 19, 1994, and filed by a Texas. The certification notice was relevant to the petition. company official and the International published in the Federal Register on Further, foreign competition, in itself, Union of Electrical Workers, Local 277, November 16, 1994 (59 FR 59253). would not form a basis for a worker on behalf of workers at McCord Winn At the request of the State Agency, the group certification. The worker group Textron, Winchester, Massachusetts. Department reviewed the certification requirements necessary for certification The workers produce automobile fuel for workers of the subject firm. The are (1) a significant decrease in pump armatures. investigation findings show that the Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9409 claimants’ wages for Owens-Illinois, Labor’s prior decision. The application Footwear Management Company; Waco, Texas are being reported under is, therefore, granted. Amended Certification Regarding Owens Brockway Glass Containers, Signed at Washington, DC, this 10th day of Eligibility to Apply for NAFTA Waco, Texas. February 1995. Transitional Adjustment Assistance Accordingly, the Department is Victor J. Trunzo, amending the certification to properly In the matter of TA–W–30,545 Noconta reflect the correct worker group. Program Manager, Policy and Reemployment Boot Company, Nocona, TX; TA–W–30,545A Services, Office of Trade Adjustment Tony Lama Division, El Paso, TX; TA–W– The intent of the Department’s Assistance. certification is to include all workers of 30,545B Justin Boot Company, Fort Worth, [FR Doc. 95–4017 Filed 2–16–95; 8:45 am] Owens Brockway Glass Containers, in TX; TA–W–30,545C Justin Boot Company, Waco, Texas, a division of Owens- BILLING CODE 4510±30±M Cassville, MO; TA–W–30,545D Justin Boot Illinois irrespective to which account Company, Sarcoxie, MO; TA–W–30,545E their unemployment insurance (UI) Justin Boot Company, Carthage, MO. [TA±W±30,177 Waterville, ME, TA±W± taxes are paid. In accordance with Section 223 of the The amended notice applicable to 30,177A Ciales, PR] Trade Act of 1974 (19 U.S.C. 2273), the TA–W–30,186 is hereby issued as Warnaco Men's Apparel Division; Department of Labor issued a follows: Amended Certification Regarding ‘‘All workers of Owens-Illinois, a/k/a Certification of Eligibility to Apply for Eligibility to Apply for Worker Owens Brockway Glass Containers, Worker Adjustment Assistance on Adjustment Assistance Waco, Texas engaged in employment January 26, 1995, applicable to all related to the production of glass workers of the Nocona Boot Company, In accordance with Section 223 of the Nocona, Texas who were engaged in containers who became totally or Trade Act of 1974 (19 USC 2273) the partially separated from employment on employment related to the production of Department of Labor issued a leather boots. or after July 24, 1993 are eligible to Certification of Eligibility to Apply for apply for adjustment assistance under Worker Adjustment Assistance on At the request of the State Agency, the Section 223 of the Trade Act of 1974.’’ September 7, 1994, applicable to all Department reviewed the certification Signed at Washington, DC, this 10th day of workers of the Warnaco Men’s Apparel for workers of the subject firm. New February, 1995. Division in Waterville, Maine. The investigation findings show the Victor J. Trunzo, certification notice was published in the Footwear Management Company is the Program Manager, Policy and Reemployment Federal Register on October 4, 1994 (59 parent company of the Nocona Boot Services, Office of Trade Adjustment FR 50625). Company; Tony Lama Division, and the Assistance. The Department, at the request of the Justin Boot Company and that the [FR Doc. 95–4023 Filed 2–16–95; 8:45 am] Amalgamated Clothing and Textile production is integrated among the BILLING CODE 4510±30±M Workers Union (ACTWU), reviewed the firms. These divisions were certified certification for workers of the subject under NAFTA–TAA (NAFTA–00252 A– firm located in Waterville, Maine. E) on November 14, 1994, amended on Employment and Training New findings show that production at December 21, 1994 and on February 6, Administration the Hawthorn Shirt plant of Warnaco 1995. [TA±W±30, 361] Men’s Apparel Division in Ciales, The Department is also amending the Puerto Rico is integrated with that of the original certification (TA–W–30,545) to Wailuku Agribusiness Company, Inc. Waterville, Maine plant. Substantial correct the name and location of the Pineapple Division, Wailuku, HI; Notice worker separations occurred in Ciales, Nocona Boot Company, Nocona, Texas of Affirmative Determination Regarding Puerto Rico in 1994 resulting from a from Nacona Boot Company, Nacona, Application for Reconsideration reduced demand from the Waterville Texas. plant. # The amended notice applicable to On December 23, 1994, Local 142 of Accordingly, the Department is the International Longshoremen’s & TA–-W–30,545 is hereby issued as amending the certification to include follows: Warehousemen’s Union (ILWU) and the the workers of the Ciales, Puerto Rico company requested administrative plant. ‘‘All workers of Footwear reconsideration of the Department of The amended notice applicable to Management Company in the following Labor’s Notice of Negative TA–W–30,177 is hereby issued as divisions: Tony Lama Division, El Paso, Determination Regarding Eligibility to follows: Texas; Justin Boot Company, Fort Apply for Worker Adjustment ‘‘All workers of Warnaco Men’s Worth, Texas; Cassville, Missouri; Assistance for workers at the subject Apparel Division in Waterville, Maine Sarcoxie, Missouri; and Carthage, firm. The Department’s Negative and Ciales, Puerto Rico who became Missouri and the Nocona Boot Company Determination was issued on November totally or partially separated from in Nocona, Texas who became totally or 22, 1994 and published in the Federal employment on or after July 25, 1993, partially separated from employment on Register on December 16, 1994 (59 FR are eligible to apply for adjustment or after November 29, 1993 are eligible 65076). assistance under Section 223 of the to apply for adjustment assistance under A review of the findings shows that Trade Act of 1974.’’ Section 223 of the Trade Act of 1974.’’ Wailuku was impacted by imports since Signed at Washington, D.C., this 10th day Signed in Washington, DC., this 9th day of its sole customer was certified for TAA February, 1995. (TA–W–30,229). of February 1995. Victor J. Trunzo, Victor J. Trunzo, Conclusion Program Director, Policy and Reemployment Program Manager, Policy and Reemployment After careful review of the Services, Office of Trade Adjustment Services, Office of Trade Adjustment application, I conclude that the claim is Assistance. Assistance. of sufficient weight to justify [FR Doc. 95–4022 Filed 2–16–95; 8:45 am] [FR Doc. 95–4024 Filed 2–16–95; 8:45 am] reconsideration of the Department of BILLING CODE 4510±30±M BILLING CODE 4510±30±M 9410 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Employment Standards Administration modifications issued, must be made a Modification to General Wage part of every contract for performance of Determinations Decisions Wage and Hour Division; Minimum the described work within the The number of decisions listed in the Wages for Federal and Federally geographic area indicated as required by Government Printing Office document Assisted Construction; General Wage an applicable Federal prevailing wage entitled ‘‘General Wage Determinations Determination Decisions law and 29 CFR part 5. The wage rates Issued Under the Davis-Bacon and General wage determination decisions and fringe benefits, notice of which is Related Acts’’ being modified are listed of the Secretary of Labor are issued in published herein, and which are by Volume and State. Dates of accordance with applicable law and are contained in the Government Printing publication in the Federal Register are based on the information obtained by Office (GPO) document entitled in parenteses following the decisions the Department of Labor from its study ‘‘General Wage Determinations Issued being modified. of local wage conditions and data made Under The Davis-Bacon And Related Volume I available from other sources. They Acts,’’ shall be the minimum paid by Connecticut specify the basic hourly wage rates and contractors and subcontractors to CT950002 (Feb. 10, 1995) fringe benefits which are determined to laborers and mechanics. CT950003 (Feb. 10, 1995) be prevailing for the described classes of Any person, organization, or CT950004 (Feb. 10, 1995) laborers and mechanics employed on governmental agency having an interest Volume II construction projects of a similar in the rates determined as prevailing is character and in the localities specified Pennsylvania encouraged to submit wage rate and PA950001 (Feb. 10, 1995) therein. fringe benefit information for The determinations in these decisions Virginia consideration by the Department. VA950026 (Feb. 10, 1995) of prevailing rates and fringe benefits Further information and self- have been made in accordance with 29 Volume III explanatory forms for the purpose of CFR part 1, by authority of the Secretary Florida submitting this data may be obtained by of Labor pursuant to the provisions of FL950045 (Feb. 10, 1995) the Davis-Bacon Act of March 3, 1931, writing to the U.S. Department of Labor, Georgia as amended (46 Stat. 1494, as amended, Employment Standards Administration, GA950003 (Feb. 10, 1995) 40 U.S.C. 276a) and of other Federal Wage and Hour Division, Division of GA950004 (Feb. 10, 1995) statutes referred to in 29 CFR part 1, Wage Determinations, 200 Constitution GA950032 (Feb. 10, 1995) GA950050 (Feb. 10, 1995) Appendix, as well as such additional Avenue, NW., Room S–3014, Washington, DC 20210. GA950053 (Feb. 10, 1995) statutes as may from time to time be GA950073 (Feb. 10, 1995) enacted containing provisions for the Supersedeas Decisions to General Wage GA950083 (Feb. 10, 1995) payment of wages determined to be Kentucky prevailing by the Secretary of Labor in Determination Decisions KY950027 (Feb. 10, 1995) KY950029 (Feb. 10, 1995) accordance with the Davis-Bacon Act. The number of the decisions being The prevailing rates and fringe benefits KY950035 (Feb. 10, 1995) superseded and their date of notice in determined in these decisions shall, in South Carolina the Federal Register are listed with each accordance with the provisions of the SC950036 (Feb. 10, 1995) State. Supersedeas decision numbers are foregoing statutes, constitute the Volume IV in parentheses following the number of minimum wages payable on Federal and decisions being superseded. Michigan federally assisted construction projects MI950007 (Feb. 10, 1995) to laborers and mechanics of the Volume I Minnesota MN950005 (Feb. 10, 1995) specified classes engaged on contract New York MN950007 (Feb. 10, 1995) work of the character and in the NY94–71 (APR. 15, 1994) NY95–71 localities described therein. MN950008 (Feb. 10, 1995) Good cause is hereby found for not New General Wage Determination MN950012 (Feb. 10, 1995) utilizing notice and public comment Decisions MN950015 (Feb. 10, 1995) MN950027 (Feb. 10, 1995) procedure thereon prior to the issuance MN950031 (Feb. 10, 1995) of these determinations as prescribed in The number of the decisions added to the Government Printing Office MN950035 (Feb. 10, 1995) 5 U.S.C. 553 and not providing for delay MN950039 (Feb. 10, 1995) in the effective date as prescribed in that document entitled ‘‘General Wage MN950058 (Feb. 10, 1995) section, because the necessity to issue Determination Issued Under the Davis- MN950059 (Feb. 10, 1995) current construction industry wage Bacon and related Acts’’ are listed by MN950061 (Feb. 10, 1995) determinations frequently and in large Volume and State: Ohio OH950002 (Feb. 10, 1995) volume causes procedures to be Volume I impractical and contrary to the public OH950029 (Feb. 10, 1995) New York Wisconsin interest. WI950019 (Feb. 10, 1995) General wage determination NY950074 decisions, and modifications and NY950075 Volume V NY950076 supersedeas decisions thereto, contain Nebraska NY950077 no expiration dates and are effective NE950003 (Feb. 10, 1995) from their date of notice in the Federal Volume III NE950009 (Feb. 10, 1995) NE950010 (Feb. 10, 1995) Register, or on the date written notice Mississippi is received by the agency, whichever is NE950011 (Feb. 10, 1995) MS950057 New Mexico earlier. These decisions are to be used NM950001 (Feb. 10, 1995) in accordance with the provisions of 29 Volume VI CFR parts 1 and 5. Accordingly, the South Dakota Volume VI applicable decision, together with any SD950044 California Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9411 CA950002 (Feb. 10, 1995) DATES: Comments must be filed on or NUCLEAR REGULATORY CA950004 (Feb. 10, 1995) before March 1, 1995. COMMISSION Colorado CO950001 (Feb. 10, 1995) ADDRESSES: Send written comments to Documents Containing Reporting or CO950003 (Feb. 10, 1995) the Office of Standards, Regulations and Recordkeeping Requirements: Office CO950006 (Feb. 10, 1995) Variances, MSHA, Room 631, 4015 of Management and Budget Review CO950011 (Feb. 10, 1995) Wilson Boulevard, Arlington, Virginia CO950018 (Feb. 10, 1995) 22203. AGENCY: Nuclear Regulatory CO950021 (Feb. 10, 1995) Commission. South Dakota FOR FURTHER INFORMATION CONTACT: SD950001 (Feb. 10, 1995) Patricia W. Silvey, Director, Office of ACTION: Notice of the Office of SD950003 (Feb. 10, 1995) Standards, Regulations and Variances, Management and Budget review of SD950004 (Feb. 10, 1995) MSHA, (703) 235–1910. information collection. SD950005 (Feb. 10, 1995) SD950029 (Feb. 10, 1995) SUPPLEMENTARY INFORMATION: On SUMMARY: The Nuclear Regulatory January 31, 1995, the Secretary of Labor Commission (NRC) has recently General Wage Determination published a notice in the Federal submitted to OMB for review the Publication Register (60 FR 5947) announcing the following proposal for collection of General wage determinations issued establishment of an advisory committee information under the provisions of the under the Davis-Bacon and related Acts, on the elimination of pneumoconiosis Paperwork Reduction Act (44 U.S.C. including those noted above, may be among coal miners. Comments Chapter 35). found in the Government Printing Office regarding the establishment of the 1. Type of submission, new revision, (GPO) document entitled ‘‘General Wage committee were due on February 15, or extension: Revision. Determinations Issued Under The Davis- 1995. 2. The title of information collection: Bacon and Related Acts’’. This In response to requests from the 10 CFR 50, Revision of Appendix J, publication is available at each of the 50 mining community, the Agency is ‘‘Primary Reactor Containment Leakage Regional Government Depository extending the comment period until Testing for Water-Cooled Power Libraries and many of the 1,400 March 1, 1995. Reactors.’’ Government Depository Libraries across 3. The form number if applicable: Not the country. Subscriptions may be Dated: February 14, 1995. applicable. purchased from: Superintendent of J. Davitt McAteer, 4. How often the data collection is Documents, U.S. Government Printing Assistant Secretary for Mine Safety and required: Licensees will be required to Office, Washington, DC 20402, (202) Health. keep an on-site implementation plan 783–3238 [FR Doc. 95–4082 Filed 2–14–95; 4:00 pm] with records of analyses to justify their When ordering subscription(s), be BILLING CODE 4510±43±P performance-based test programs and to sure to specify the State(s) of interest, monitor for effectiveness. since subscriptions may be ordered for 5. Who will be required or asked to any or all of the six separate volumes, report: Commercial power reactor arranged by State. Subscriptions include MARTIN LUTHER KING, JR. FEDERAL licensees. an annual edition (issued in January or HOLIDAY COMMISSION 6. Estimate of the number of February) which included all current responses: This rulemaking would general wage determinations for the Meeting eliminate about 33 responses annually. States covered by each volume. 7. An estimate of the total number of AGENCY: Throughout the remainder of the year, Martin Luther King, Jr. Federal hours needed annually to complete the regular weekly updates will be Holiday Commission. requirement or request: Net burden distributed to subscribers. ACTION: Notice of meeting. reduction as follows: 4,583 hours per year for all power reactor licensees, Signed at Washington, DC, this 10th day of February, 1995. SUMMARY: In accordance with the including those facilities choosing the proposed option, for an average of about Alan L. Moss, Federal Advisory Act, Public Law 92– 463, as amended, the Martin Luther 42 hours per reactor licensee per year. Director, Division of Wage Determination. 8. An indication of whether Section [FR Doc. 95–3774 Filed 2–16–95; 8:45 am] King, Jr. Federal Holiday Commission announces a forthcoming meeting of the 3504(h), Pub L. 96–511 applies: BILLING CODE 4510±27±M Commission. Applicable 9. Abstract: The NRC is proposing to DATES: March 30, 1995. amend its regulations to reduce the Mine Safety and Health Administration TIME: 2:00 p.m.—4:00 p.m. frequency of containment structure leak Advisory Committee; Establishment rate testing. This rulemaking allows LOCATION: U.S. House of power reactor licensees to adopt Option AGENCY: Mine Safety and Health Representatives, Rayburn House Office B of Appendix J which (a) decreases the Administration, Labor. Building, Conference Room 2261, frequency of containment structure Washington, D.C. The public is invited. ACTION: Notice; extension of comment integrated leak testing (Type A), (b) period. FOR FURTHER INFORMATION CONTACT: provides an option to licensees for Valerie P. Pinkney, Executive Officer, establishing Type B and C local leak test SUMMARY: In response to requests from Washington Office (202) 708–1005. frequencies based on the performance the mining community, the Mine Safety history of the components (which is and Health Administration (MSHA) is Dated: February 1, 1995. expected to result in a decrease in extending the time period to submit Valerie P. Pinkney, testing frequency for a majority of the comments regarding the establishment Executive Officer. components), (c) and eliminates the of an advisory committee to eliminate [FR Doc. 95–3994 Filed 2–16–95; 8:45 am] need for reporting test results to the pneumoconiosis among coal miners. BILLING CODE 4210±01±M NRC. The revised Appendix J requires 9412 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices licensees to develop an implementation 480–120/208–V transformers and that are applicable during plant plan with supporting analyses and distribution panels). The system shutdown conditions. justifications and to notify NRC of includes diesel generators that serve as The need for the technical implementation of that plan prior to standby power sources, independent of specification change was recently establishing a performance-based leak any other onsite or offsite source. The identified during outage planning in test program. onsite system is divided into three preparation for the fifth refueling Copies of the submittal may be divisions, each with its own outage, scheduled to begin March 12, inspected or obtained for a fee from the independent distribution network, 1995, at the Clinton Power Station. The NRC Public Document Room, 2120 L diesel generator (DG), and redundant change significantly affects ‘‘critical Street NW., Lower Level, Washington, load group. Each division is capable of path’’ work activities during the outage DC 20037. being supplied by one onsite (DG) and and will prevent unnecessary delays in Comments and questions can be two offsite sources of electrical power plant startup. Any unnecessary delays directed by mail to the OMB reviewer: for serving the unit Class 1E AC loads. would result in a significant financial Troy Hillier, Office of Information and The Class 1E DC power system impact on the utility. Regulatory Affairs (3150–0011), NEOB– supplies 125 VDC power to unit Class Before issuance of the proposed 10202, Office of Management and 1E loads. The primary sources are license amendment, the Commission Budget, Washington, DC 20503. battery chargers. The system includes will have made findings required by the Comments may also be communicated batteries, battery chargers, motor control Atomic Energy Act of 1954, as amended by telephone at (202) 395–3085. centers, and DC distribution panels. The (the Act) and the Commission’s The NRC Clearance Officer is Brenda system is divided into four divisions, regulations. Jo Shelton, (301) 415–7233. each with its own independent The Commission has made a Dated at Rockville, Maryland, this 13th day distribution network, battery, battery proposed determination that the of February, 1995. charger and redundant load group. amendment request involves no For the Nuclear Regulatory Commission. The Class 1E uninterruptible AC bus significant hazards consideration. Under Gerald F. Cranford, power system supplies 120 VAC power the Commission’s regulations in 10 CFR Designated Senior Official for Information to the nuclear system protection system 50.92, this means that operation of the Resources Management. (NSPS) and miscellaneous Class 1E facility in accordance with the proposed [FR Doc. 95–4008 Filed 2–16–95; 8:45 am] loads. The system is also divided into amendment would not: (1) Involve a significant increase in the probability or BILLING CODE 7590±01±M four divisions and includes uninterruptible power supplies and consequences of an accident previously buses. The uninterruptible AC bus evaluated; or (2) create the possibility of [Docket No. 50±461] power supply system is designed to a new or different kind of accident from provide adequate uninterruptible power any accident previously evaluated; or Illinois Power Company; Notice of to all the NSPS loads during all modes (3) involve a significant reduction in a Consideration of Issuance of of operation including abnormal and margin of safety. As required by 10 CFR Amendment to Facility Operating accident conditions. Loads include 50.91(a), the licensee has provided its License, Proposed No Significant NSPS logic power, neutron monitoring, analysis of the issues of no significant Hazards Consideration Determination, process radiation monitoring, portions hazards consideration, which is and Opportunity for a Hearing of the leak detection system, reactor presented below: The U.S. Nuclear Regulatory water cleanup and residual heat (1) The proposed changes do not involve Commission (the Commission) is removal system sample line valves, and a change to plant design and are limited to considering issuance of an amendment scram discharge volume controls and requirements for operability of electrical to Facility Operating License No. NPF– indication. The Division 4 Class 1E power sources when the plant is not 62, issued to the Illinois Power power system components, which operating in MODES 1, 2, or 3. The proposed Company (the licensee) for operation of require AC power to operate are changes will still ensure that sufficient supplied by the Division 2 Class 1E AC electrical power is required to be operable to the Clinton Power Station, Unit 1, mitigate the consequences of postulated located in DeWitt County, Illinois. power system. accidents. As described previously, and The proposed amendment would Since safety-related loads supplied except for the source range monitors (SRMs), modify Technical Specifications (TSs) power by electrical power distribution the reduced redundancy of electrical power 3.8.2, ‘‘AC Sources-Shutdown;’’ 3.8.5, subsystems that are ‘‘fail-safe’’ or sources to non-high pressure core spray ‘‘DC Sources-Shutdown;’’ and 3.8.8, otherwise do not need an electrical (HPCS) system loads is not safety significant ‘‘Inverters-Shutdown.’’ The proposed power source to perform their intended due to the fail-safe nature of those loads. changes revise the operability safety functions, Illinois Power believes With respect to the SRMs, the SRMs are not requirements for the Division 3 diesel that the technical specification assumed to function to mitigate any design basis accidents or transients. The SRMs generator and the Division 3 and 4 requirements are overly restrictive as provide monitoring during plant startup and batteries, battery chargers, and inverters related to Division 3 and 4, and place refueling operations. In addition, there are no to apply only when the high pressure unnecessary constraints on when accidents postulated to occur as a result of core spray system is required to be certain work can be performed or when a malfunction of electrical power sources OPERABLE. certain systems can be removed from with the plant shut down. As a result, the The onsite Class 1E safety-related service relative to an optimal refueling proposed changes will not result in an power systems at the Clinton Power outage work schedule. The applicable increase in the probability or consequence of Station include AC, DC and loads are primarily supplied by the any accident previously evaluated. uninterruptible AC bus power systems. Division 3 and 4 electrical power (2) The proposed changes do not involve a change to plant design and are limited to The Class 1E AC power system supplies systems. Thus, Illinois Power is requirements for operability of electrical power to the unit Class 1E loads and requesting a relaxation from the power sources when the plant is not consists of 4160–V switchgear, 480–V technical specification requirements operating in MODES 1, 2, or 3. In addition, unit substations, and 480–V motor associated with Division 3 and 4 there are no accidents postulated to occur as control centers (some of which include electrical power system requirements a result of a malfunction of electrical power Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9413 sources with the plant shut down. As the Commission take this action, it will why intervention should be permitted discussed above, the components which publish in the Federal Register a notice with particular reference to the receive power from the Division 3 and 4 of issuance and provide for opportunity following factors: (1) The nature of the electrical power distribution subsystems do for a hearing after issuance. The petitioner’s right under the Act to be not require electrical power to perform their Commission expects that the need to made party to the proceeding; (2) the safety functions when the HPCS System is not required to be operable for compliance take this action will occur very nature and extent of the petitioner’s with Limiting Condition for Operation (LCO) infrequently. property, financial, or other interest in 3.5.2, ‘‘ECCS-Shutdown.’’ As a result, the Written comments may be submitted the proceeding; and (3) the possible proposed changes cannot create the by mail to the Rules Review and effect of any order which may be possibility of a new or different kind of Directives Branch, Division of Freedom entered in the proceeding on the accident from any accident previously of Information and Publications petitioner’s interest. The petition should evaluated. Services, Office of Administration, U.S. also identify the specific aspect(s) of the (3) As described in the Bases for LCO 3.8.2, Nuclear Regulatory Commission, subject matter of the proceeding as to ‘‘AC Sources-Shutdown,’’ the technical Washington, DC 20555, and should cite which petitioner wishes to intervene. specification requirements ensure that the the publication date and page number of Any person who has filed a petition for unit has the capability to mitigate the consequences of postulated accidents. this Federal Register notice. Written leave to intervene or who has been However, as also described in those Bases, a comments may also be delivered to admitted as a party may amend the single failure and a concurrent loss of all Room 6D22, Two White Flint North, petition without requesting leave of the offsite power or loss of all onsite power is not 11545 Rockville Pike, Rockville, Board up to 15 days prior to the first required to be assumed. The proposed Maryland, from 7:30 a.m. to 4:15 p.m. prehearing conference scheduled in the changes only affect the requirements for Federal workdays. Copies of written proceeding, but such an amended electrical power sources when the plant is comments received may be examined at petition must satisfy the specificity operating outside MODES 1, 2, and 3 and the NRC Public Document Room, the requirements described above. only affect the requirements for the electrical Gelman Building, 2120 L Street, NW., Not later than 15 days prior to the first power sources for Divisions 3 and 4. Except Washington, DC. prehearing conference scheduled in the when the HPCS System is operable for The filing of requests for hearing and compliance with LCO 3.5.2, the requirements proceeding, a petitioner shall file a for the Division 1 and 2 electrical power petitions for leave to intervene is supplement to the petition to intervene sources are adequate to mitigate postulated discussed below. which must include a list of the accidents, assuming a single failure or loss of By March 20, 1995, the licensee may contentions which are sought to be offsite or onsite power. The proposed file a request for a hearing with respect litigated in the matter. Each contention changes will ensure that both Division 3 and to issuance of the amendment to the must consist of a specific statement of 4 inverters, batteries, battery chargers, and a subject facility operating license and the issue of law or fact to be raised or second qualified offsite circuit or the any person whose interest may be controverted. In addition, the petitioner Division 3 diesel generator is operable when affected by this proceeding and who shall provide a brief explanation of the the HPCS System is required operable for wishes to participate as a party in the bases of the contention and a concise compliance with LCO 3.5.2. As a result, the proceeding must file a written request statement of the alleged facts or expert proposed changes do not result in a for a hearing and a petition for leave to significant reduction in the margin of safety. opinion which support the contention intervene. Requests for a hearing and a and on which the petitioner intends to The NRC staff has reviewed the petition for leave to intervene shall be rely in proving the contention at the licensee’s analysis and, based on this filed in accordance with the hearing. The petitioner must also review, it appears that the three Commission’s ‘‘Rules of Practice for provide references to those specific standards of 10 CFR 50.92(c) are Domestic Licensing Proceedings’’ in 10 sources and documents of which the satisfied. Therefore, the NRC staff CFR Part 2. Interested persons should petitioner is aware and on which the proposes to determine that the consult a current copy of 10 CFR 2.714 petitioner intends to rely to establish amendment request involves no which is available at the Commission’s those facts or expert opinion. Petitioner significant hazards consideration. Public Document Room, the Gelman must provide sufficient information to The Commission is seeking public Building, 2120 L Street, NW., show that a genuine dispute exists with comments on this proposed Washington, DC, and at the local public the applicant on a material issue of law determination. Any comments received document room located at the Vespasian or fact. Contentions shall be limited to within 30 days after the date of Warner Public Library, 120 West matters within the scope of the publication of this notice will be Johnson Street, Clinton, Illinois 61727. amendment under consideration. The considered in making any final If a request for a hearing or petition for contention must be one which, if determination. leave to intervene is filed by the above proven, would entitle the petitioner to Normally, the Commission will not date, the Commission or an Atomic relief. A petitioner who fails to file such issue the amendment until the Safety and Licensing Board, designated a supplement which satisfies these expiration of the 30-day notice period. by the Commission or by the Chairman requirements with respect to at least one However, should circumstances change of the Atomic Safety and Licensing contention will not be permitted to during the notice period such that Board Panel, will rule on the request participate as a party. failure to act in a timely way would and/or petition; and the Secretary or the Those permitted to intervene become result, for example, in derating or designated Atomic Safety and Licensing parties to the proceeding, subject to any shutdown of the facility, the Board will issue a notice of hearing or limitations in the order granting leave to Commission may issue the license an appropriate order. intervene, and have the opportunity to amendment before the expiration of the As required by 10 CFR 2.714, a participate fully in the conduct of the 30-day notice period, provided that its petition for leave to intervene shall set hearing, including the opportunity to final determination is that the forth with particularity the interest of present evidence and cross-examine amendment involves no significant the petitioner in the proceeding, and witnesses. hazards consideration. The final how that interest may be affected by the If a hearing is requested, the determination will consider all public results of the proceeding. The petition Commission will make a final and State comments received. Should should specifically explain the reasons determination on the issue of no 9414 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices significant hazards consideration. The 120 West Johnson Street, Clinton, effect for the period March 1995 through final determination will serve to decide Illinois 61727. February 1996. The rates presented in Appendix C do not when the hearing is held. Dated at Rockville, Maryland, this 15th day If the final determination is that the apply to regulatory analysis. They are to be of February 1995. used for lease-purchase and cost- amendment request involves no For the Nuclear Regulatory Commission. significant hazards consideration, the effectiveness analysis, as specified in the Commission may issue the amendment Douglas V. Pickett, Circular. and make it immediately effective, Project Manager, Project Directorate III–3, Attachement notwithstanding the request for a Division of Reactor Projects—III/IV, Office of Nuclear Reactor Regulation. Appendix C hearing. Any hearing held would take (Revised January 1995) place after issuance of the amendment. [FR Doc. 95–4169 Filed 2–16–95; 8:45 am] If the final determination is that the BILLING CODE 7590±01±M Discount Rates for Cost-Effectiveness, Lease amendment request involves a Purchase, and Related Analyses significant hazards consideration, any Effective Dates. This appendix is updated hearing held would take place before OFFICE OF MANAGEMENT AND annually around the time of the President’s the issuance of any amendment. BUDGET budget submission to Congress. This version A request for a hearing or a petition of the appendix is valid through the end of for leave to intervene must be filed with Discount Rates for Cost-Effectiveness February, 1996. Copies of the updated the Secretary of the Commission, U.S. Analysis of Federal Programs appendix and the Circular can be obtained from the OMB Publications Office (202–395– Nuclear Regulatory Commission, AGENCY: Office of Management and Washington, DC 20555, Attention: 7332). Updates of this appendix are also Budget. available upon request from the Office of Docketing and Services Branch, or may ACTION: Revisions to Appendix C of Economic Policy (202–395–3381), as is a be delivered to the Commission’s Public OMB Circular A–94. table of past years’ rates. Document Room, the Gelman Building, Nominal Discount Rates. Nominal interest 2120 L Street, NW., Washington, DC, by SUMMARY: The Office of Management rates based on the economic assumptions the above date. Where petitions are filed and Budget revised Circular A–94 in from the budget are presented in the table during the last 10 days of the notice 1992. The revised Circular specified below. These nominal rates are to be used for period, it is requested that the petitioner certain discount rates to be updated discounting nominal flows, as in lease- promptly so inform the Commission by annually when the interest rate and purchase analysis. a toll-free telephone call to Western inflation assumptions used to prepare Union at 1–(800) 248–5100 (in Missouri the budget of the United States NOMINAL INTEREST RATES ON TREAS- 1–(800) 342–6700). The Western Union Government are changed. These URY NOTES AND BONDS OF SPECI- operator should be given Datagram discount rates are found in Appendix C FIED MATURITIES (IN PERCENT) Identification Number N1023 and the of the revised Circular. The updated following message addressed to Leif discount rates are shown below. The 3-year 5-year 7-year 10- 30- Norrholm, Director, Project Directorate discount rates in Appendix C are to be year year III–3: petitioner’s name and telephone used for cost-effectiveness analysis, 7.3 ..... 7.6 7.7 7.9 8.1 number, date petition was mailed, plant including lease-purchase analysis, as name, and publication date and page specified in the revised Circular. They Analyses of programs with terms different number of this Federal Register notice. do not apply to regulatory analysis. from those presented above may use a linear A copy of the petition should also be DATES: The revised discount rates are interpolation. For example, a four-year sent to the Office of the General effective immediately and will be in project can be evaluated with a rate equal to Counsel, U.S. Nuclear Regulatory effect through February 1996. the average of the three-year and five-year Commission, Washington, DC 20555, rates. Programs with durations longer than 30 and to Leah Manning Stetzner, Vice FOR FURTHER INFORMATION CONTACT: years may use the 30-year interest rate. President, General Counsel, and Robert B. Anderson, Office of Economic Real Discount Rates. Real interest rates Corporate Secretary, 500 South 27th Policy, Office of Management and based on the economic assumptions from the Street, Decatur, Illinois 62525, attorney Budget, (202) 395–3381. budget are presented below. These real rates for the licensee. Joun B. Arthur, are to be used for discounting real (constant- Nontimely filings of petitions for Associate Director for Administration. dollar) flows, as in cost-effectiveness analysis. leave to intervene, amended petitions, Memorandum for the Heads of Departments supplemental petitions and/or requests and Agencies REAL INTEREST RATES ON TREASURY for hearing will not be entertained From: Alice M. Rivlin absent a determination by the NOTES AND BONDS OF SPECIFIED Subject: 1995 Discount Rates for OMB MATURITIES (IN PERCENT) Commission, the presiding officer or the Circular No. A–94 presiding Atomic Safety and Licensing On October 29, 1992, OMB issued a 10- 30- Board that the petition and/or request revision to OMB Circular No. A–94, 3-year 5-year 7-year year year should be granted based upon a ‘‘Guidelines and Discount Rates for Benefit- balancing of the factors specified in 10 Cost Analysis of Federal Programs.’’ The 4.2 ..... 4.5 4.6 4.8 4.9 CFR 2.714(a)(1)(i)–(v) and 2.714(d). revision established new discount rate For further details with respect to this guidelines for use in benefit-cost and other Analyses of programs with terms different action, see the application for types of economic analysis. from those presented above may use a linear amendment dated February 14, 1995, The revised Circular specifies certain interpolation. For example, a four-year which is available for public inspection discount rates that will be updated annually project can be evaluated with a rate equal to when the interest rate and inflation at the Commission’s Public Document the average of the three-year and five-year assumptions in the budget are changed. rates. Programs with durations longer than 30 Room, the Gelman Building, 2120 L These discount rates are found in Appendix years may use the 30-year interest rate. Street, NW., Washington, DC, and at the C of the revised Circular. The attachment to local public document room located at this memorandum is an update of Appendix [FR Doc. 95–4078 Filed 2–16–95; 8:45 am] the Vespasian Warner Public Library, C. It provides discount rates that will be in BILLING CODE 3110±01±M Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9415 SECURITIES AND EXCHANGE developing means to minimize costs Furthermore, upon establishment of COMMISSION imposed by current regulatory the Committee, and in accordance with programs, from the perspective of section 10(a) of the Federal Advisory [Release Nos. 33±7135; 34±35368 File No. 265±20] investors, issuers, the various market Committee Act, 5 U.S.C. App. 10a, participants, and other interested notice is hereby given that the first Advisory Committee on the Capital persons and regulatory authorities. meeting of the Committee will be held Formation and Regulatory Processes To achieve the Committee’s goals, on March 6, 1995 in room 1C30 at the members will be appointed that can Commission’s main offices, 450 Fifth AGENCY: Securities and Exchange represent effectively the varied interests Street, N.W., Washington, D.C., Commission. affected by the range of issues to be beginning at 10:00 a.m. The meeting ACTION: Notice. considered. The Committee’s will be open to the public. The purpose membership may include, among of this meeting will be to discuss SUMMARY: The Chairman of the others, persons who can represent general organizational matters, to plan Commission, with the concurrence of investors, issuers, market participants, the progression of the Committee’s the other members of the Commission independent public accountants, work, and to begin discussion of the intends to establish the Securities and regulators and the public at large. The effects of the current regulatory scheme Exchange Commission Advisory Commission expects that the on capital formation in the United Committee on the Capital Formation Committee’s members will represent a States. and Regulatory Processes variety of viewpoints and have varying (‘‘Committee’’), which will advise the Dated: February 13, 1995. experience, and that the Committee will By the Commission. Commission regarding the informational be fairly balanced in terms of points of Jonathan G. Katz, needs of investors and the regulatory view, backgrounds and tasks. The costs imposed on the U.S. securities Chairman of the Committee will be Secretary. markets. Commissioner Steven M.H. Wallman. [FR Doc. 95–4058 Filed 2–16–95; 8:45 am] The first meeting of the Committee The Committee will conduct its BILLING CODE 8010±01±M will be held on March 6, 1995 in room operations in accordance with the 1C30 at the Commission’s main offices, provisions of the Federal Advisory 450 Fifth Street, N.W., Washington, D.C. [Release No. 34±35360; File No. SR±Amex± Committee Act. The duties of the 94±50] beginning at 10:00 a.m. The meeting Committee will be solely advisory. will be open to the public, and the Determinations of action to be taken and Self-Regulatory Organizations; public is invited to submit written policy to be expressed with respect to American Stock Exchange, Inc.; Order comments to the Committee. matters upon which the Advisory Granting Approval to Proposed Rule ADDRESSES: Written comments should Committee provides advice or Change Relating to Proposed be submitted in triplicate and should recommendations shall be made solely Commentary .02 to Rule 60 refer to File No. 265–20. Comments by the Commission. February 13, 1995. should be submitted to Jonathan G. The Committee will meet at such Katz, Secretary, Securities and Exchange intervals as are necessary to carry out its Introduction Commission, 450 Fifth Street, N.W., functions. It is expected that meetings of Washington, D.C. 20549. On November 14, 1994, the American the full Committee generally will occur Stock Exchange, Inc. (‘‘Amex’’ or FOR FURTHER INFORMATION CONTACT: no more frequently than nine times; ‘‘Exchange’’) submitted to the Securities Meridith Mitchell, Special Counsel, meetings of subgroups of the full and Exchange Commission (‘‘SEC’’ or Office of the General Counsel, at 202– Advisory Committee will likely occur ‘‘Commission’’), pursuant to Section 942–0890; Securities and Exchange more frequently. The Securities and 19(b)(1) of the Securities Exchange Act Commission, 450 Fifth Street, N.W., Exchange Commission will provide of 1934 (‘‘Act’’) 1 and Rule 19b–4 Washington, D.C. 20549. necessary support services to the thereunder,2 a proposed rule change to SUPPLEMENTARY INFORMATION: In Committee. codify the Amex’s agreement with the accordance with the requirements of the The Committee will terminate at the New York Stock Exchange (‘‘NYSE’’) Federal Advisory Committee Act, 5 end of one year from the date of its whereby the NYSE will not be held U.S.C. App., the Securities and establishment unless, prior to such time, liable for damages sustained by an Exchange Commission has directed its charter is renewed in accordance Amex member’s or member publication of this notice that Chairman with the Federal Advisory Committee organization’s use of any NYSE system, Arthur Levitt, with the concurrence of Act, or unless the Chairman, with the service, or facility. the other members of the Commission, concurrence of the other members of the The proposed rule change was intends to establish the ‘‘Securities and Commission, determines that published for comment in Securities Exchange Commission Advisory continuance of the Committee is no Exchange Act Release No. 35146 Committee on the Capital Formation longer in the public interest. (December 23, 1994), 60 FR 516 (January and Regulatory Processes.’’ Chairman Fifteen days after publication of this 4, 1995). No comments were received on Levitt certifies that he has determined notice in the Federal Register, a copy of the proposal. that the creation of the Committee is the charter of the Committee will be necessary and in the public interest. filed with the Chairman of the II. Background and Discussion The Committee’s charter directs the Commission, the Senate Committee on The proposed rule change emanates Committee to assist the Commission in Banking, Housing, and Urban Affairs from several licensing agreements evaluating the efficiency and and the House Committee on between the NYSE and Amex. For effectiveness of the regulatory process Commerce. A copy of the charter will example, in 1993 the Amex licensed the and the disclosure requirements relating also be furnished to the Library of NYSE electronic display book for to public offerings of securities, Congress and placed in the secondary market trading and corporate Commisssion’s Public Reference Room 1 15 U.S.C. § 78s(b)(1) (1988). reporting, and in identifying and for public inspection. 2 17 CFR 240.19b–4 (1994). 9416 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices equities. As part of that licensing NYSE wherein the Amex has agreed to Margaret H. McFarland, agreement, the NYSE required that it be disclaim NYSE’s liability under the Deputy Secretary. protected from liability for damages specified circumstances referred to [FR Doc. 95–4043 Filed 2–16–95; 8:45 am] sustained by Amex members and herein. BILLING CODE 8010±01±M member organizations using the display The Commission believes that it is book on the Amex floor. Consequently, reasonable for the NYSE to be released the Amex adopted a policy statement from liability for injuries sustained by [Release No. 34±35363; International Series Release No. 785 File No. SR±Amex±95±04] disclaiming NYSE liability for such Amex members and member damages.3 organizations using the NYSE’s OCS. As Self-Regulatory Organizations; Notice Most recently, the Amex entered into noted above, the proposed rule change of Filing of Proposed Rule Change By an agreement with the NYSE to integrate is similar to existing Amex and NSE the American Stock Exchange, Inc. the Amex’s Equity Intra-Day rules that limit exchange liability. In Relating to the Listing of Warrants Comparison System (‘‘IDC’’) into the addition, under similar circumstances, Based on the Value of the U.S. Dollar NYSE’s On-Line Comparison System the Commission has allowed licensee in Relation to the Mexican Peso (‘‘OCS’’), so that Amex equity and bond exchanges to release licensors from transactions can be compared through certain liability for damages resulting February 13, 1995. OCS. This will enable members to from use of their product.5 Finally, the Pursuant to section 19(b)(1) of the utilize the same computer terminal for Commission wishes to emphasize that Securities Exchange Act of 1934 the comparison of both Amex and NYSE this disclaimer only affects NYSE (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is securities and thus lessen the cost to the liability for losses sustained by Amex hereby given that on February 8, 1995, member firm community. The members and member organizations the American Stock Exchange, Inc. integration is being accomplished in using OCS and does not extend to (‘‘Amex’’ or ‘‘Exchange’’) filed with the two steps. Amex listed corporate bonds customer-related losses. Securities and Exchange Commission began to be compared through OCS on (‘‘Commission’’) the proposed rule III. Conclusion October 21, 1994, and equities are change as described in Items I, II, and expected to be phased in by the end of The Commission finds that the III below, which items have been the first quarter of 1995. proposed rule change is consistent with prepared by the Amex. The Commission As the Amex may enter into the requirements of the Act and the is publishing this notice to solicit additional agreements with the NYSE in rules and regulations thereunder comments on the proposed rule change the future relating to the use of other applicable to a national securities from interested persons. NYSE systems, services, or facilities by exchange, and, in particular, with the I. Self-Regulatory Organization’s 6 Amex member firms, this proposal requirements of Section 6(b). In Statement of the Terms of Substance of would codify a liability disclaimer particular, the Commission believes the the Proposed Rule Change provision to cover not only the current proposal is consistent with the Section situation involving the use of OCS, but 6(b)(5) requirements that the rules of an The Exchange proposes to approve for also all future situations where Amex exchange be designed to promote just listing and trading under section 106 of member firms are using other NYSE and equitable principles of trade, and to the Amex Company Guide (‘‘Guide’’) facilities in accordance with similar foster cooperation and coordination warrants based on the value of the U.S. agreements with the NYSE.4 The Amex with persons engaged in regulating, dollar in relation to the Mexican peso plans to disseminate proposed clearing, settling, processing (‘‘Mexican Peso Warrants’’). The text of Commentary .02 to its Rule 60 to the information with respect to, and the proposed rule change is available at membership, upon SEC approval. facilitating transactions in securities. the Office of the Secretary, the Amex, The Commission notes that the Amex The Commission also finds that the and at the Commission. Constitution (Article IV, Section 2(e)) proposal is consistent with Section II. Self-Regulatory Organization’s currently provides that the Exchange 17A 7 in that it furthers the use of new Statement of the Purpose of, and shall not be liable for any damages data processing and communications Statutory Basis for, the Proposed Rule incurred by a member firm growing out techniques that should result in more Change of its use of the facilities afforded by the accurate clearance and settlement of In its filing with the Commission, the Exchange for the conduct of its business securities transactions. Exchange included statements (which includes the use of the It is therefore ordered, pursuant to concerning the purpose of and basis for 8 Exchange’s trading systems), except as Section 19(b)(2) of the Act, that the the proposed rule change and discuss the Exchange may otherwise provide. proposed rule change (SR–Amex–94– any comments it received on the Further, the NYSE Constitution has a 50) is approved. proposed rule change. The text of these similar provision regarding use of its For the Commission, by the Division of statements may be examined at the facilities by its members. Finally, the Market Regulation, pursuant to delegated places specified in Item IV below. The Commission notes that the terms of the authority.9 Amex has prepared summaries, set forth proposed Commentary are merely a in sections (A), (B), and (C) below, of the codification of the contractual 5 For example, the Commission has approved most significant aspects of such agreements between the Amex and the limited disclaimers of liability for licensors of the statements. indexes underlying index options. See, e.g., 3 See Securities Exchange Act Release No. 32140 Securities Exchange Act Release Nos. 31382 (A) Self-Regulatory Organization’s (April 14, 1993), 58 FR 21327 (April 20, 1993). (October 30, 1992), 57 FR 52802 (November 5, 1992) (regarding options on Russell 2000 Index); and Statement of the Purpose of, and the 4 The NYSE acknowledges that under New York 19908 (June 24, 1983), 48 FR 30815 (July 5, 1983) Statutory Basis for, the Proposed Rule State Common Law, a liability disclaimer such as (regarding options on Standard & Poor’s 500 Stock the instant one does not insulate the NYSE from Change Price Index). loss due to the gross negligence or willful 6 Under section 106 (Currency and misconduct. Conversation between Steve Abrams 15 U.S.C. § 78f(b) (1988). 7 Index Warrants) of the Guide, the and Michael Simon, Milbank, Tweed, Hadley & 15 U.S.C. 78q–1 (1988). McCloy, Counsel to NYSE, and Amy Bilbija, 8 15 U.S.C. § 78s(b)(2) (1988). Exchange may approve for listing Attorney, Commission, dated December 2, 1994. 9 17 CFR 200.30–3(a)(12) 1994. warrants based on the relation of the Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9417 U.S. dollar to foreign currencies.1 The customers whose accounts have been IV. Solicitation of Comments Amex currently trades foreign currency approved for options trading pursuant warrants based upon the value of the to Amex Rule 921. Additionally, the Interested persons are invited to U.S. dollar in relation to a single foreign options suitably standards in Amex submit written data, views and currency (e.g., Japanese yen and German Rule 923 will apply to arguments concerning the foregoing. mark) as well as warrants based on the recommendations in Mexican Peso Persons making written submissions value of the U.S. dollar in relation to Warrants. Moreover, all discretionary should file six copies thereof with the multiple foreign currencies.2 orders in Mexican Peso Warrants must Secretary, Securities and Exchange The Exchange represents that be approved and initialed by a Senior Commission, 450 Fifth Street, NW., Mexican Peso Warrants will conform to Registered Options Principal or Washington, DC 20549. Copies of the the listing guidelines under section 106 Registered Options Principal. Further, submission, all subsequent of the Guide, which provide, among the Exchange will require that customer amendments, all written statements other things, that: (1) the issuer must positions in Mexican Peso Warrants be with respect to the proposed rule have assets in excess of U.S. subject to the margin requirements change that are filed with the $100,000,000 and otherwise applicable to foreign currency options. Commission, and all written substantially exceed the size and Finally, prior to the commencement communications relating to the earnings requirements in section 101(A) of trading of Mexican Peso Warrants, the proposed rule change between the of the Guide; (2) the term of the Amex will distribute a circular to its Commission and any person, other than warrants will be for a period ranging membership calling attention to specific those that may be withheld from the from one to five years from the date of risks associated with Mexican Peso public in accordance with the issuance; and (3) the minimum public Warrants.4 provisions of 5 U.S.C. 552, will be distribution will be one million The Exchange believes that the available for inspection and coping in warrants, together with a minimum of proposed rule change is consistent with the Commission’s Public Reference 400 public holders, and an aggregate section 6(b) of the Act, in general, and Section, 450 Fifth Street, NW., market value of at least U.S. $4,000,000 furthers the objectives of section 6(b)(5) Washington, DC. Copies of such filing million. in particular, in that it is designed to will also be available for inspection and Mexican Peso Warrants generally will prevent fraudulent and manipulative copying at the principal office of the be direct obligations of their issuers and acts and practices, to promote just and Amex. All submissions should refer to will be cash-settled in U.S. dollars. equitable principles of trade, and is not File No. SR–Amex–95–04 and should be Mexican Peso Warrants will either be designed to permit unfair submitted by March 10, 1995. exercisable throughout their life (i.e., discrimination between customers, American-style) or exercisable only issuers, brokers, or dealers. For the Commission, by the Division of during a specified period immediately Market Regulation, pursuant to delegated prior to the expiration date (i.e., (B) Self-Regulatory Organization’s authority.5 Statement on Burden on Competition European-style). Upon exercise, the Margaret H. McFarland, holder of a warrant structured as a The Amex does not believe that the Deputy Secretary. ‘‘put’’ will receive payment in U.S. proposed rule change will impose any [FR Doc. 95–4044 Filed 2–16–95; 8:45 am] dollars to the extent that the value of the inappropriate burden on competition. BILLING CODE 8010±01±M Mexican peso has declined in relation to (C) Self-Regulatory Organization’s the U.S. dollar below a pre-stated base Statement on Comments on the level. Conversely, upon exercise, Proposed Rule Change Received From [Release No. 34±35361 International Series holders of a Mexican Peso Warrant Members, Participants or Others structured as a ‘‘call’’ will receive Release No. 784; File No. SR±NASD±94± payment in U.S. dollars to the extent No written comments were solicited 51] that the value of the Mexican peso has or received with respect to the proposed Self-Regulatory Organizations; increased in relation to the U.S. dollar rule change. National Association of Securities above a pre-stated base level. Mexican III. Date of Effectiveness of the Dealers, Inc.; Order Approving Peso Warrants that are ‘‘out-of-the- Proposed Rule Change and Timing for Proposed Rule Change Relating to money’’ at the time of expiration will Commission Action Amendments to Parts VI and X of expire worthless. Notwithstanding any other Amex Within 35 days of the date of Schedule C of the NASD By-Laws rule,3 the Exchange will require that publication of this notice in the Federal Relating to Foreign Finders and Mexican Peso Warrants be sold only to Register or within such longer period (i) Foreign Associates as the Commission may designate up to February 13, 1995. 1 The Commission notes that the Exchange has 90 days of such date if it finds such filed a proposed rule change that would, among longer period to be appropriate and On September 27, 1994, the National other things, revise the criteria pursuant to section publishes its reasons for so finding or Association of Securities Dealers, Inc. 106 for listing stock index and currency warrants. (ii) as to which the self-regulatory These new standards will apply to Mexican Peso (‘‘NASD’’ or ‘‘Association’’) filed with Warrants issued following approval of that organization consents, the Commission the Securities and Exchange proposed rule change. See Securities Exchange Act will: Commission (‘‘SEC’’ or ‘‘Commission’’) Release No. 35086 (December 12, 1994), 59 FR (A) By order approve such proposed a proposed rule change pursuant to 65561 (December 20, 1994) (notice of File No. SR– rule change, or Amex–94–38). Section 19(b)(1) of the Securities (B) Institute proceedings to determine 1 2 Exchange Act of 1934 (‘‘Act’’) and Rule See Securities Exchange Act Release Nos. 24555 whether the proposed rule change (June 5, 1987), 52 FR 22570 (June 12, 1987) 19b–4 thereunder.2 The rule change should be disapproved. (approval of listing requirements for single foreign amends Parts VI and X of Schedule C of currency warrants), and 31627 (December 21, 1992), 57 FR 62399 (December 30, 1992) (approval of 4 The Commission notes that the Amex will be listing requirements for multiple foreign currency required to submit a draft of the circular to the 5 17 CFR 200.30–3(a)(12) (1994). warrants). Commission staff for approval prior to distribution 1 15 U.S.C. Section 78s(b)(1). 3See, e.g., Amex Rule 411, Commentary .01. to members. 2 17 CFR 240.19b–4. 9418 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices the NASD By-Laws 3 relating to foreign received in response to the notice. This Although foreign associates will finders and foreign associates. order approves the proposed rule continue to be free of the requirement of Under the rule as amended, member change. taking a qualification examination, the firms and persons associated with a As the NASD indicated in its rule amendment will require foreign member will be permitted to pay filing, the scope of permissible business associates to be subject to U–4 transaction-related compensation to activities and the associated regulatory registration. non-registered foreign persons based requirements differ between foreign It is therefore ordered, pursuant to upon the business of customers such finders and foreign associates. The Section 19(b)(2) of the Act, that the persons direct to member firms. The NASD clarified these differences in a proposed rule change, SR–NASD–94–51 following conditions must be met in letter to the Commission.8 The NASD be, and hereby is, approved. order for the ‘‘foreign finder’’ exemption states that, ‘‘[t]he foreign associate will to apply: (1) the member firm must For the Commission, by the Division of be registered with the NASD and will be Market Regulation pursuant to delegated assure itself that the non-registered deemed an associated person or authority.12 foreign person who will receive the employee of the member. The foreign Margaret H. McFarland, compensation (the finder) is not associate would therefore be allowed to Deputy Secretary. required to register in the U.S. as a act in any registered capacity on behalf [FR Doc. 95–4045 Filed 2–16–95; 8:45 am] broker/dealer nor is subject to a of the member [consistent with its disqualification as defined in Article II, designation as a foreign associate]. This BILLING CODE 8010±01±M Section 4 of the NASD By-Laws;4 (2) the could include acting as a trader or being member firm must further assure itself the registered person responsible for that the compensation arrangement does servicing the accounts of [a] foreign [Release No. 34±35362; File No. SR±OCC± not violate applicable foreign law; (3) national. The foreign finder would not 94±13] the finder must be a foreign national or be considered an associated person of Self-Regulatory Organizations; The a foreign entity domiciled abroad; (4) the member and [its] activities would, Options Clearing Corporation, Notice the customers directed to the member therefore, be limited to those discussed of Filing and Immediate Effectiveness firm by the finder must be foreign in the rule filing.9 Under the rule as of Proposed Rule Change Amending nationals or foreign entities domiciled amended, the sole involvement of a the Stockholders Agreement abroad transacting business in either foreign finder in the business of a foreign or U.S. securities; (5) the member firm will be the initial referral February 13, 1995. customers must receive a descriptive of non-U.S. customers to the firm. document that discloses the Pursuant to Section 19(b)(1) of the The Commission has determined to Securities Exchange Act of 1934 compensation being paid to the finder; approve the NASD’s proposal. The (6) the customers must provide written (‘‘Act’’),1 notice is hereby given that on Commission finds that the rule change December 28, 1994, The Options acknowledgement of the existence of the is consistent with the requirements of compensation arrangement to the Clearing Corporation (‘‘OCC’’) filed with the Act and the rules and regulations the Securities and Exchange member firm and such promulgated thereunder applicable to acknowledgement must be retained and Commission (‘‘Commission’’) the the NASD, including the requirements proposed rule change as described in available for inspection by the of Section 15A(b)(6) of the Act.10 Association; (7) records reflecting Items I, II, and III below, which Items Section 15A(b)(6) requires, in part that payments to the finder must be have been prepared primarily by OCC. the rules of a national securities maintained on the member firm’s books The Commission is publishing this association be designated to prevent and the actual agreement between the notice to solicit comments on the fraudulent and manipulative acts and member firm and the finder must be proposed rule change from interested practices; to promote just and equitable available for inspection by the persons. principles of trade; to remove Association; and (8) the confirmation of impediments to and perfect the I. Self-Regulatory Organization’s each transaction must indicate that a mechanism of a free and open market Statement of the Terms of Substance of finder’s fee is being paid pursuant to a and a national market system, and, in the Proposed Rule Change compensation arrangement. The amendment also will change the general, to protect investors and the OCC proposes to amend Section 2 of requirements with respect to foreign public interest. its Stockholders Agreement to extend associates. Those persons designated as The Commission finds that the the voting agreement contained therein foreign associates pursuant to Part X of amendments to Parts VI and X of for a term coextensive with the term of 11 Schedule C of the NASD By-Laws 5 now Schedule C to the NASD By-Laws are the Stockholders Agreement and to will be subject to U–4 registration but consistent with the foregoing statutory conform the Stockholders Agreement to still will not be required to pass a provision. The addition of Part VI, an amendment made to OCC’s Restated qualification examination. Section 2 will allow member firms to Certificate of Incorporation providing Notice of the proposed rule change, use foreign finders to expand overseas for public directors on OCC’s board of together with its terms of substance was business opportunities while requiring directors.2 OCC also proposes to amend provided by issuance of a Commission the maintenance of necessary safeguards its address and that of the Chicago release 6 and by publication in the for investor protection. Further, the Board Options Exchange, Inc. as they Federal Register.7 No comments were changes to Part X of Schedule C will appear in the Stockholders Agreement. improve regulatory oversight of member 3 firms and their foreign associates. MASD Manual, Schedules to the By-Laws, 12 17 CFR 200.30–3(a)(12). Schedule C, Parts VI and X, (CCH) ¶¶ 1787, 1791. 1 15 U.S.C. § 78s(b)(1) (1988). 4 8 NASD Manual, By Laws, Article II, Sec. 4, (CCH) Letter from Craig L. Landauer, Associate General 2 For a description of the amendment to OCC’s ¶ 1124. Counsel, NASD, to Mark P. Barracca, Branch Chief, Restated Certificate of Incorporation providing for 5 Supra, note 3. SEC, (Feb. 8, 1995). public directors on OCC’s board of directors, refer 6 Securities Exchange Act Release No. 34941 9 Id. to Securities Exchange Act Release No. 30449 (November 4, 1994). 10 15 U.S.C. Section 78o–3(b)(6). (March 6, 1992), 57 FR 8949 [File No. 92–02] (order 7 59 FR 56102 (November 10, 1994). 11 Supra, note 3. approving proposed rule change). Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9419 II. Self-Regulatory Organization’s (1) define public director in the same public interest, for the protection of Statement of the Purpose of, and manner as defined in OCC’s Certificate investors, or otherwise in furtherance of Statutory Basis for, the Proposed Rule of Incorporation and By-Laws; (2) to the purposes of the Act. Change include public directors in Section 2, IV. Solicitation of Comments In its filing with the Commission, Voting Shares of Stock; and (3) to add Interested persons are invited to OCC included statements concerning language to Section 3, Clause (ii) submit written data, views, and the purpose of and basis for the regarding the election of public arguments concerning the foregoing. proposed rule change and discussed any directors. OCC also proposes to amend Persons making written submissions comments it received on the proposed the addresses of OCC and the CBOE as should file six copies thereof with the rule change. The text of these statements they appear in Section 15 (a) and (b) of Secretary, Securities and Exchange may be examined at the places specified the Stockholders Agreement, Commission, 450 Fifth Street, N.W., in Item IV below. OCC has prepared respectively. The Commission believes that the Washington, D.C. 20549. Copies of the summaries, set forth in sections (A), (B), proposed rule change to OCC’s submission, all subsequent and (C) below, of the most significant Stockholder’s Agreement is consistent amendments, all written statements aspects of such statements. with Section 17A of the Act and with respect to the proposed rule A. Self-Regulatory Organization’s specifically with Section 17A(b)(3)(C).4 change that are filed with the Statement of the Purpose of, and Section 17A(b)(3)(C) requires that a Commission, and all written Statutory Basis for, the Proposed Rule clearing agency assure fair communications relating to the Change representation of its shareholders or proposed rule change between the OCC proposes to amend Section 2 of members and participants in the Commission and any person, other than its Stockholders Agreement to extend selection of its directors and those that may be withheld from the the voting agreement for a term administration of its affairs. The public in accordance with the coextensive with the term of the proposed rule change provides fair provisions of 5 U.S.C. § 552, will be Stockholders Agreement. OCC also representation to stockholders by available for inspection and copying in proposes to amend the Stockholders extending their voting rights to a term the Commission’s Public Reference Agreement so it conforms to an coextensive with the term of the Section, 450 Fifth Street, N.W., amendment made to OCC’s Restated Stockholders Agreement. The proposed Washington, D.C. 20549. Copies of such Certificate of Incorporation providing rule change also assures fair filing will also be available for for public directors on the board of representation in the selection of its inspection and copying at the principal directors, which was approved by the directors and administration of its office of OCC. All submissions should Commission on March 6, 1992.3 In affairs by providing for public directors refer to File No. SR–OCC–94–13 and addition, OCC proposes to amend its in conformity with OCC’s Restated should be submitted by March 10, 1995. address and that of the CBOE as they Certificate of Incorporation. For the Commission by the Division of appear in the Stockholders Agreement. Market Regulation, pursuant to delegated B. Self—Regulatory Organization’s 7 OCC, the American Stock Exchange, Statement on Burden on Competition authority. the Chicago Board Options Exchange, Margaret H. McFarland, OCC does not believe that the the New York Stock Exchange, the Deputy Secretary. proposed rule change would impose any Pacific Stock Exchange, and the [FR Doc. 95–4046 Filed 2–16–95; 8:45 am] burden on competition. Philadelphia Stock Exchange are parties BILLING CODE 8010±01±M to a Stockholders Agreement dated C. Self-Regulatory Organization’s January 3, 1975, as amended. Pursuant Statement on Comments on the [Release No. 35±26231] to Section 13 of the Stockholders Proposed Rule Change Received from Agreement, the voting agreement Members, Participants or Others Filings Under the Public Utility Holding contained in Section 2 of the Written comments were not and are Company Act of 1935, as Amended Stockholders Agreement will expire on not intended to be solicited with respect (``Act'') January 3, 1995, unless extended. to the proposed rule change, and none In the past, Delaware law required have been received. February 10, 1995. that voting agreements among Notice is hereby given that the stockholders be limited to a term of ten III. Date of Effectiveness of the following filing(s) has/have been made years or less. However, a recent Proposed Rule Change and Timing for with the Commission pursuant to amendment to Delaware law eliminated Commission Action provisions of the Act and rules the ten year limitation. Accordingly, the The foregoing rule change has become promulgated thereunder. All interested proposed amendment to the effective pursuant to Section persons are referred to the application(s) Stockholders Agreement would extend 19(b)(3)(A)(iii) 5 of the Act and pursuant and/or declaration(s) for complete the voting agreement contained in to Rule 19b–4(e)(3) 6 promulgated statements of the proposed Section 2 for a term coextensive with thereunder, because the proposal is transaction(s) summarized below. The the term of the Stockholders Agreement concerned solely with the application(s) and/or declaration(s) and which is effective until terminated by administration of OCC. At any time any amendments thereto is/are available the mutual agreement of OCC and each within sixty days of the filing of such for public inspection through the stockholder. rule change, the Commission may Commission’s Office of Public OCC also proposes to amend the summarily abrogate such rule change if Reference. Stockholders Agreement to conform it to it appears to the Commission that such Interested persons wishing to an amendment made to OCC’s Restated action is necessary or appropriate in the comment or request a hearing on the Certificate of Incorporation providing application(s) and/or declaration(s) for public directors. OCC proposes to: 4 15 U.S.C. § 78q(b)(3)(C) (1988). should submit their views in writing by 5 15 U.S.C. § 78s(b)(3)(A)(iii) (1988). 3 Supra note 2. 6 17 CFR 240.19b–4(e)(3) (1994). 7 17 CFR 200.30–3(a)(12) (1994). 9420 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices March 6, 1995, to the Secretary, payment date. The Common will be 12(e) of the Act and rules 62 and 65 Securities and Exchange Commission, awarded yearly to the Outside Directors thereunder. Washington, D.C. 20549, and serve a as part of their compensation, and will GPU proposes to amend its Articles of copy on the relevant applicant(s) and/or be subject to certain restrictions. Incorporation to (1) increase the number declarant(s) at the address(es) specified of authorized shares of GPU common NCP Energy, Inc. (70–8561) below. Proof of service (by affidavit or, stock, $2.50 par value, from 150,000,000 in case of an attorney at law, by NCP Energy, Inc. (‘‘NCP’’), One Upper to 350,000,000 and (2) eliminate certificate) should be filed with the Pond Road, Parsippany, New Jersey preemptive rights of GPU shareholders. request. Any request for hearing shall 07054, a nonutility subsidiary of GPU proposes to present these identify specifically the issues of fact or General Public Utilities Corporation amendments for action by its law that are disputed. A person who so (‘‘GPU’’), a registered holding company, shareholders at GPU’s annual meeting of requests will be notified of any hearing, has filed an application under sections shareholders to be held on May 4, 1995, if ordered, and will receive a copy of 9(a) and 10 of the Act. and seeks authorization to solicit any notice or order issued in the matter. By order dated May 17, 1994 (HCAR proxies from shareholders in connection After said date, the application(s) and/ No. 26053), Energy Initiatives, Inc. with this meeting. or declaration(s), as filed or as amended, (‘‘EII’’), a nonutility subsidiary of GPU, GPU states that it has 115,214,219 may be granted and/or permitted to was authorized to acquire from North shares of its common stock issued and become effective. Canadian Resources, Inc. (‘‘NCRI’’) all of outstanding at January 31, 1995, leaving the common stock of North Carolina 34,785,781 shares available for issuance. Allegheny Power System, Inc. (70–8553) Power Incorporated (since renamed GPU proposes to increase the number of Allegheny Power System, Inc. NCP). At the closing, the requisite third authorized but unissued shares to (‘‘APS’’), 12 East 49th Street, New York, party consents (‘‘Requisite Consents’’) to provide flexibility to issue additional New York 10017, a registered holding the acquisition of NCRI’s interest in the common stock to finance subsidiaries’ company, has filed a declaration under Syracuse Cogeneration Project, which construction programs; to make cash sections 6(a) and 7 of the Act. was held by NCRI’s subsidiaries, capital contributions to its nonutility By prior Commission orders in this Syracuse Investment, Inc. (‘‘SII’’) and subsidiaries in connection with the matter, dated August 5, 1977, April 29, NCP Syracuse, Inc., had not been development of and investment in 1980, June 23, 1983, June 19, 1984, obtained. Consequently, SII and NCP qualifying facilities, exempt wholesale March 17, 1987 and September 14, 1990 Syracuse, Inc. were excluded from the generators and foreign utility (HCAR Nos. 20131, 21542, 22985, acquisition pending receipt of the companies; to meet general corporate 23333, 24344 and 25150), APS was Requisite Consents. Pursuant to an requirements, including requirements authorized to issue and sell a total amendment to the acquisition under GPU’s dividend reinvestment aggregate number of 12 million shares of agreement and due to an inability to plan and benefit plans; to effect a stock its common stock (‘‘Common’’), par obtain the Requisite Consents, EII split or stock dividend if the board of value $2.50 per share, to its Dividend subsequently agreed to acquire from SII: directors deems it advisable in the Reinvestment and Stock Purchase Plan (i) a 4.9% limited partnership interest in future; and to engage in other (‘‘Dividend Reinvestment Plan’’) and to Syracuse Orange Partners, L.P. (‘‘SOP’’), transactions requiring the issuance of its Employee Stock Ownership and a Delaware limited partnership holding common stock. If the proposed Savings Plan (‘‘ESOSP’’). Pursuant to an 89% limited partnership interest in amendment is adopted, issuances of the Commission order dated October 21, Project Orange Associates, L.P., a additional authorized shares of common 1993 (HCAR No. 25911), authorizing a Delaware limited partnership and the stock will not require further 2 for 1 stock split effective November 4, owner of the Syracuse Cogeneration shareholder approval (unless otherwise 1993, the aggregate number of shares of Project; and (ii) the right to receive required by law, the Articles of Common was increased to 24,000,000 distributions (‘‘Distributions’’) from the Incorporation or applicable securities shares of Common, par value $1.25. As balance of SII’s limited partner interest exchange requirements), but issuances of December 30, 1994, APS has issued in SOP. NCRI has agreed to issue to NCP of additional common stock will be 18,294,149 and 4,654,343 shares of a promissory note (‘‘Note’’) to evidence subject to the approval of the Common to the Dividend Reinvestment NCP’s right to receive the Distributions. Commission under the Act. and ESOSP plans, respectively. NCP proposes to acquire the Note GPU also proposes to eliminate a APS now proposes to issue up to from NCRI. The Note has an initial provision in its Articles of Incorporation 6,025,000 additional shares of its principal balance of $2,722,500 and is that prohibits GPU from issuing a authorized and unissued Common, par payable in installments with a final significant number of shares of value $1.25 per share, as follows: five maturity of December 31, 2032. The additional common stock for cash million shares under its Dividend Note bears interest at the rate of 10.6% except through a public offering without Reinvestment Plan; one million shares per annum, compounding monthly to obtaining prior shareholder approval or under its ESOSP; and 25,000 shares the extent not paid. Since the Note first offering its shareholders the right to under its new Restricted Stock Plan for evidence NCP’s right to receive subscribe to purchase such additional Outside Directors (‘‘Outside Directors Distributions, principal and interest are shares. GPU states that these limited Plan’’), which has been approved by the payable under the Note only if and to preemptive rights are no longer a Board of Directors and does not require the extent that SII receives Distributions significant benefit to shareholders and shareholder approval. from SOP. that elimination of these rights will give The Common will be sold to the GPU greater flexibility to finance its Dividend Reinvestment Plan at a price General Public Utilities Corporation capital requirements. equal to the average of the daily high (70–8569) GPU proposes to submit the and low sales prices of APS Common as General Public Utilities Corporation amendments for action at its annual published in the Wall Street Journal (‘‘GPU’’), 100 Interpace Parkway, meeting of shareholders to be held May Report of New York Stock Exchange Parsippany, New Jersey 07054, a 4, 1995, and to solicit proxies from Composite Transactions for the ten registered holding company, has filed a shareholders in connection with the trading days prior to the dividend declaration under sections 6(a), 7 and meeting. GPU states that adoption of Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9421 each amendment requires the application. The complete application authorized the final distribution of cash affirmative vote of the holders of a may be obtained for a fee at the SEC’s to applicant’s shareholders. majority of the outstanding share of Public Reference Branch. Accordingly, on December 30, 1994, the common stock entitled to vote at the Special Officer distributed $60,165.47, Applicant’s Representations annual meeting. representing the remaining amount in For the Commission, by the Division of 1. Applicant is an open-end the Account plus interest, pro rata Investment Management, pursuant to management investment company among applicant’s shareholders. delegated authority. organized as a Maryland corporation. 6. The Special Officer had submitted Margaret H. McFarland, On September 4, 1986, applicant a claim against a bond issued by Deputy Secretary. registered under the Act as an Reliance Insurance Company to investment company. On May 19, 1987, applicant. In the event of a recovery, the [FR Doc. 95–3976 Filed 2–16–95; 8:45 am] applicant filed a registration statement proceeds will be distributed to BILLING CODE 8010±01±M to register its shares under the Securities applicant’s shareholders pro rata.2 Act of 1933. The registration statement 7. The Special Officer is not aware of [Rel. No. IC±20897; 811±4829] was declared effective on June 1, 1987, any liabilities other than those set forth and the initial public offering in an audited financial statement Treasury First Inc.; Notice of commenced on the same day. prepared in 1991 by applicant’s Application 2. On November 1, 1991, the SEC filed accountants. a civil suit against applicant, applicant’s 8. Applicant is not now engaged, nor February 13, 1995. adviser, Cheshire Hall Advisers, Inc., does it propose to engage, in any AGENCY: Securities and Exchange (the ‘‘Adviser’’), and an affiliate of the business activities other than those Commission (‘‘SEC’’). Adviser, John T. Hall, in the United necessary for the winding up of its ACTION: Notice of Application for States District Court, Central District of affairs. If the shareholders decide to Deregistration under the Investment California alleging various violations of dissolve applicant under state law after Company Act of 1940 (the ‘‘Act’’). the federal securities laws. The SEC the claim is resolved, the shareholders would bear the cost associated with APPLICANT: Treasury First Inc. alleged, among other things, the Hall, through the Adviser, misappropriated such dissolution. RELEVANT ACT SECTION: Section 8(f). approximately $2.1 million from For the Commission, by the Division of SUMMARY OF APPLICATION: Applicant applicant. This amount represented Investment Management, pursuant to requests an order declaring that it has approximately 75% of applicant’s assets delegated authority. ceased to be an investment company. at the time of the alleged Margaret H. McFarland, FILING DATE: The application was filed misappropriation. Deputy Secretary. on May 19, 1994 and amended on July 3. As a result of the above action, [FR Doc. 95–4047 Filed 2–16–95; 8:45 am] 27, 1994 and January 30, 1995. applicant and the Adviser ceased doing BILLING CODE 8010±01±M HEARING OR NOTIFICATION OF HEARING. An business. On November 14, 1991, the order granting the application will be Court issued an order (the ‘‘Order’’) that issued unless the SEC orders a hearing. authorized the appointment of Edward DEPARTMENT OF TRANSPORTATION Interested persons may request a S. Gelfand as Special Officer of hearing by writing to the SEC’s applicant and the Adviser for the Aviation Proceedings; Agreements Secretary and serving applicant with a purpose of supervising and directing the Filed During the Week Ended February copy of the request, personally or by liquidation of applicant and the Adviser 10, 1995 mail. Hearing requests should be as well as the deregistration of applicant received by the SEC by 5:30 p.m. on under the Act.1 The following Agreements were filed March 10, 1995, and should be 4. In November 1991, the Special with the Department of Transportation accompanied by proof of service on Officer had control of $2,814.674.78 of under the provisions of 49 U.S.C 412 applicant, in the form of an affidavit or, applicant’s assets. Of this amount, and 414. Answers may be filed within for lawyers, a certificate of service. $2,664,674.78 was distributed to 21 days of date of filing. Hearing requests should state the nature applicant’s five shareholders pro rata in Docket Number: 50118 of the writer’s interest, the reason for the November 1991. The remaining Date filed: February 7, 1995 request, and the issues contested. $150,000 was placed in an account (the Parties: Members of the International Persons may request notification of a ‘‘Account’’) maintained by the Special Air Transport Association Subject: TC23 Reso/P 0675 dated hearing by writing to the SEC’s Officer to be used for expenses incurred December 2, 1994 Europe-Japan/Korea Secretary. on applicant’s behalf in connection with Resos r-1 to r-54 ADDRESSES: Secretary, SEC, 450 5th the winding up of applicant’s affairs. Street, NW., Washington, DC 20549. From the Account, expenses for 2 The Special Officer submitted the claim to the Applicant, c/o Edward S. Gelfand, applicant totalling $91,623.55 were paid insurance company on March 24, 1992. The bond Special Officer, Friedman & Phillips, which included compensation and had been issued in the amount of $300,000 to cover 10920 Wilshire Boulevard, Suite 650, expenses of applicant’s accountant. losses resulting from, among other things, dishonest Los Angeles, CA 90024. 5. On December 7, 1995, the Court or fraudulent acts committed by an employee of applicant. By letter dated December 9, 1992, the FOR FURTHER INFORMATION CONTACT: issued a modification of the Order to insurance company denied the claim but, Elaine M. Boggs, Staff Attorney, at (202) approve the final report of the Special nonetheless, requested additional information to 942–0572, or Robert A. Robertson, Officer and to relieve the Special Officer evaluate the claim. According to a motion filed by of this responsibility to dissolve and the Special Officer with the Court on November 1, Branch Chief, at (202) 942–0564 1994, the Special Officer has retained Robert E. (Division of Investment Management, liquidate applicant. This order also Goldman of Frydrych & Webster to prosecute the Office of Investment Company Claim. The motion further states that Mr. Goldman Regulation). 1 On the same date, the Court entered an serves as counsel to a shareholder of applicant that injunction against the Adviser and Hall owns approximately 86% of applicant but that he SUPPLEMENTARY INFORMATION: The permanently enjoining them from future violations has agreed to prosecute the claim for the benefit of following is a summary of the of the securities laws. all shareholders. 9422 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Proposed Effective Date: April 1, 1995 Docket Number: 50114 SUPPLEMENTARY INFORMATION: Date filed: February 6, 1995 Docket Number: 50122 Background Date filed: February 9, 1995 Due Date for Answers, Conforming Parties: Members of the International Applications, or Motion to Modify This AC was formulated to provide Air Transport Association Scope: March 6, 1995 guidelines for applicants in the Subject: TC3 Reso/P 0604 dated Dec. 20, Description: Application of American development of repair procedures for 1994 r-1 TC3 Reso/P 0607 dated Dec. Trans Air, Inc., pursuant to 49 U.S.C. weld repairs on crankcases and 20, 1994 r-2 to r-9 TC3 Reso/P 0609 41101 and Subpart Q of the cylinders of piston engines. It addresses dated Dec. 20, 1994 r-10 to r-14 TC3 Regulations, requests a certificate of development of weld repairs which are Reso/P 0611 dated Dec. 20, 1994 r-15 public convenience and necessity not contained in the engine to r-17 TC3 Reso/P 0614 dated Dec. authorizing ATA to engage in the manufacturer’s ‘‘Instructions for 20, 1994 r-18 to r-21 TC3 Reso/P 0618 scheduled foreign air transportation of Continued Airworthiness’’ dated Dec. 20, 1994 r-22 to r-34 persons, property and mail between (Maintenance Manual). It provides Proposed Effective Date: April 1, 1995 the co-terminal points Indianapolis, guidance to clarify the areas which Docket Number: 50123 Indiana, and Cincinnati, Ohio, on the should be addressed by an applicant’s Date filed: February 9, 1995 one hand, and Grand Cayman Islands, repair procedure, and/or substantiating Parties: Members of the International on the other hand. data when seeking an approval for weld Air Transport Association Docket Number: 50124 repair on crankcases or cylinders. Subject: TC3 Reso/P 0603 dated Dec. 20, Date filed: February 9, 1995 This AC also includes information on 1994 r-1 to r-3 TC3 Reso/P 0605 dated Due Date for Answers, Conforming critical areas of welding, qualifications Dec. 20, 1994 r-4 to r-9 TC3 Reso/P Applications, or Motion to Modify of welders, inspection techniques, the 0606 dated Dec. 20, 1994 r-10 to r-17 Scope: March 9, 1995 thermal processes, and technical data TC3 Reso/P 0608 dated Dec. 20, 1994 Description: Application of ABX Air, required; and references industry and r-18 r-22 TC3 Reso/P 0610 dated Dec. Inc., pursuant to 49 U.S.C., Section military specifications which are 20, 1994 r-23 to 30 TC3 Reso/P 0612 41102 and Subpart Q of the acceptable for use by repair stations as dated Dec. 20, 1994 r-31 to r-38 TC3 Regulations, for issuance of an approved data. Reso/P 0613 dated Dec. 20, 1994 r-39 amended certificate of public This advisory circular, published to r-42 TC3 Reso/P 0615 dated Dec. convenience and necessity for Route under the authority granted to the 20, 1994 r-43 to r-55 TC3 Reso/P 0616 377, so as to authorize Airborne to Administrator by 49 U.S.C. 106(g), 49 dated Dec. 20, 1994 r-56 to r-69 TC3 provide foreign air transportation of U.S.C. App. 1354(a), 1421 and 1423, Reso/P 0617 dated Dec. 20, 1994 r-70 property and mail between any point provides guidance for the development to 89 TC3 Reso/P 0619 dated Dec. 20, or points in the United States, on the of process specifications for weld 1994 r-90 to 95 TC3 Reso/P 0620 one hand, and any point or points in repairs on crankcases and cylinders of dated Dec. 23, 1994 r-96 to r-117 TC3 the United States, on the one hand, piston engines. Reso/P 0621 dated Dec. 23, 1994 r-118 and any point or points in Canada, on Issued in Burlington, Massachusetts, on to r-128 TC3 Reso/P 0622 dated Dec. the other hand. February 2, 1995. 23, 1994 r-129 to r-138 TC3 Reso/P Myrna F. Adams, James C. Jones, 0623 dated Dec. 23, 1994 r-139 to r- Acting Chief, Documentary Services Division. 145 Acting Manager, Engine and Propeller [FR Doc. 95–4033 Filed 2–16–95; 8:45 am] Proposed Effective Date: April 1, 1995 Directorate, Aircraft Certification Service. BILLING CODE 4910±62±P [FR Doc. 95–4075 Filed 2–16–95; 8:45 am] Myrna F. Adams, Acting Chief, Documentary Services Division. BILLING CODE 4910±13±M [FR Doc. 95–4034 Filed 2–16–95; 8:45 am] Federal Aviation Administration BILLING CODE 4910±62±P [Summary Notice No. PE±95±7] Proposed Advisory Circular; Weld Repair of Aluminum Crankcases and Petitions for Exemption; Summary of Notice of Applications for Certificates Cylinders of Piston Engines Petitions Received; Dispositions of of Public Convenience and Necessity Petitions Issued and Foreign Air Carrier Permits Filed AGENCY: Federal Aviation Under Subpart Q During the Week Administration, DOT. AGENCY: Federal Aviation Ended February 10, 1995 ACTION: Notice of issuance of advisory Administration (FAA), DOT. circular. ACTION: Notice of petitions for The following Applications for exemption received and of dispositions Certificates of Public Convenience and SUMMARY: This notice announces the of prior petitions. Necessity and Foreign Air Carrier reissuance of Advisory Circular (AC), Permits were filed under Subpart Q of No. 33–6, Weld Repair of Aluminum SUMMARY: Pursuant to FAA’s rulemaking the Department of Transportation’s Crankcases and Cylinders of Piston provisions governing the application, Procedural Regulations (See 14 CFR Engines. The AC provides information processing, and disposition of petitions 302.1701 et. seq.). The due date for and guidance concerning an acceptable for exemption (14 CFR part 11), this Answers, Conforming Applications, or method, but not the only method, for notice contains a summary of certain Motions to Modify Scope are set forth the development of process petitions seeking relief from specified below for each application. Following specifications for weld repairs on requirements of the Federal Aviation the Answer period DOT may process the crankcases and cylinders of piston Regulations (14 CFR chapter I), application by expedited procedures. engines. dispositions of certain petitions Such procedures may consist of the FOR FURTHER INFORMATION CONTACT: previously received, and corrections. adoption of a show-cause order, a Locke Easton, Engine and Propeller The purpose of this notice is to improve tentative order, or in appropriate cases Standards Staff, ANE–110, at the above the public’s awareness of, and a final order without further address, telephone (617) 238–7113, fax participation in, this aspect of FAA’s proceedings. (617) 238–7113. regulatory activities. Neither publication Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9423 of this notice nor the inclusion or [Summary Notice No. PE±95±8] Sections of the FAR Affected: 14 CFR omission of information in the summary 25.809(f)(1), Amdt. 25–34 is intended to affect the legal status of Petitions for Exemption; Summary of Description of Relief Sought: To any petition or its final disposition. Petitions Received; Dispositions of reconsider Exemption No. 5993, Petitions Issued DATES: Comments on petitions received originally a Partial Grant, which was must identify the petition docket AGENCY: Federal Aviation issued for the 767–300F freighter number involved and must be received Administration (FAA), DOT. airplanes with supernumerary occupants, and which in part denied on or before March 9, 1995. ACTION: Notice of petitions for a petition to allow a rope in lieu of an exemption received and of dispositions ADDRESSES: Send comments on any escape slide at the entry door. The of prior petitions. petition in triplicate to: Federal petitioner cites primarily certain Aviation Administration, Office of the SUMMARY: Pursuant to FAA’s rulemaking difficulties with reconfiguring the Chief Counsel, Attn: Rules Docket intended freighter rope design back to (AGC–200), Petition Docket No. lll, provisions governing the application, processing, and disposition of petitions the existing passenger slide design 800 Independence Avenue, SW., and indicates an inertial reel Washington, D.C. 20591. for exemption (14 CFR part 11), this notice contains a summary of certain installation is being developed for this The petition, any comments received, door. and a copy of any final disposition are petitions seeking relief from specified Docket No.: 27953 filed in the assigned regulatory docket requirements of the Federal Aviation Petitioner: Aero Sports Connection, Inc. and are available for examination in the Regulations (14 CFR chapter I), Sections of the FAR Affected: 14 CFR Rules Docket (AGC–200), Room 915G, dispositions of certain petitions previously received, and corrections. part 103 FAA Headquarters Building (FOB 10A), Description of Relief Sought: To allow 800 Independence Avenue, SW., The purpose of this notice is to improve the public’s awareness of, and Aero Sports Connection, Inc., to Washington, D.C. 20591; telephone conduct training by approved flight (202) 267–3132. participation in, this aspect of FAA’s regulatory activities. Neither publication instructors in two-place ultralight FOR FURTHER INFORMATION CONTACT: of this notice nor the inclusion or vehicles. Mr. D. Michael Smith, Office of omission of information in the summary Docket No.: 28029 Rulemaking (ARM–1), Federal Aviation is intended to affect the legal status of Petitioner: Boeing Commercial Airplane Administration 800 Independence any petition or its final disposition. Group Avenue, SW., Washington, DC 20591; DATES: Comments on petitions received Sections of the FAR Affected: 14 CFR telephone (202) 267–7470. must identify the petition docket 25.841(a) and 25.1447(c)(1) This notice is published pursuant to number involved and must be received Description of Relief Sought: To allow paragraphs (c), (e), and (g) of § 11.27 of on or before March 9, 1995. the petitioner exemption from the part 11 of the Federal Aviation ADDRESSES: Send comments on any 15,000 foot cabin pressure control Regulations (14 CFR part 11). petition in triplicate to: Federal system and cabin oxygen system limit Issued in Washington, D.C., on February 6, Aviation Administration, Office of the requirements of the FAR to facilitate 1995. Chief Counsel, Attn: Rule Docket (AGC– operation of the Boeing 757–200 Donald P. Byrne, 200), Petition Docket No. lll, 800 airplane, currently certified for Assistant Chief Counsel for Regulations. Independence Avenue, SW., operation at a maximum airport Washington, DC 20591. altitude of 13,300 feet, to an airport Petitions for Exemptions The petition, any comments received, altitude of 14,219 feet. This exemption, if granted, will allow the Docket No.: 27998 and a copy of any final disposition are filed in the assigned regulatory docket cabin pressure altitude to exceed Petitioner: Petroleum Helicopters, Inc. 15,000 feet when landing at a high Sections of the FAR Affected: 14 CFR and are available for examination in the Rules Docket (AGC–200), Room 915G, altitude airport or in the event of a 43.3(g) pressurization failure, and provide Description of Relief Sought: To permit FAA Headquarters Building (FOB 10A), 800 Independence Avenue, SW., automatic presentation of the cabin pilots employed by Petroleum oxygen masks at 16,000 feet rather Helicopters, Inc., (PHI) to remove and Washington, DC 20591; telephone (202) 267–3132. than 15,000 feet, as currently required replace the ‘‘quick release’’ dual by the FAR. controls on PHI’s Bell 230 helicopters FOR FURTHER INFORMATION CONTACT: when maintenance personnel are Mr. D. Michael Smith, Office of Dispositions of Petitions unavailable. Rulemaking (ARM–1), Federal Aviation Docket No.: 21882 Administration, 800 Independence Docket No.: 28066 Petitioner: China Airlines Limited Avenue, SW., Washington, DC 20591; Petitioner: The Boeing Company Sections of the FAR Affected: 14 CFR telephone (202) 267–7470. 61.77 (a) and (b) and 63.23 (a) and (b) Sections of the FAR Affected: 14 CFR This notice is published pursuant to 25.562(c)(5) and 25.785(a) Description of Relief Sought/ paragraphs (c), (e), and (g) of § 11.27 of Disposition: To extend and amend Description of Relief Sought: To allow part 11 of the Federal Aviation Exemption No. 4849, as amended, the Boeing Company temporary Regulations (14 CFR part 11). which permits China Airlines Limited exemption from the head injury Issued in Washington, DC, on February 6, pilots who operate two U.S.-registered criterion (HIC) of the FAR for front 1995. Boeing 747–SP, N4508H and N4522V, row economy class passenger seats on Donald P. Byrne, aircraft to be eligible for special Boeing Model 777–200 airplanes until purpose airman certificates. The April 1, 1996, to implement design Assistant Chief Counsel for Regulations. amendment adds an airbus 300–600R, solutions. Petitions for Exemption N88881, aircraft to the list of aircraft [FR Doc. 95–4076 Filed 2–16–95; 8:45 am] Docket No.: 27662 that may be operated under this BILLING CODE 4910±13±M Petitioner: Boeing exemption. 9424 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices GRANT, January 11, 1995, Exemption 5592, which permits the issuance of Sections of the FAR Affected: 14 CFR No. 4849D U.S. special purpose pilot and flight 65.71(a)(2) Docket No.: 23358 engineer certificates to Mandarin’s Description of Relief Sought/ Petitioner: Clarke Environmental airmen, without meeting the Disposition: To enable Mr. Aguilar to Mosquito Management, Inc. requirement that they hold a current use a sign language interpreter to take Sections of the FAR Affected: 14 CFR foreign certificate or license issued by the oral and practical examinations 91.313(c) a foreign contracting state to ICAO. for the mechanic certificate and Description of Relief Sought/ GRANT, January 20, 1995, Exemption associated ratings, because he is Disposition: To extend Exemption No. No. 5592A hearing and speech impaired. 5010, as amended, which permits Docket No.: 27448 GRANT, January 9, 1995, Exemption Clarke Environmental Mosquito Petitioner: TurboCombustor Technology No. 6015 Management, Inc., to carry passengers Sections of the FAR Affected: 14 CFR Docket No.: 27849 in restricted category aircraft 145.45(f) Petitioner: Ilyushin Aviation Complex (specifically two Bell 47G–5 Description of Relief Sought/ Sections of the FAR Affected: 14 CFR helicopters) while performing aerial- Disposition: To allow 25.571(e)(1) and 25.631 site survey flights. TurboCombustor Technology to keep Description of Relief Sought/ GRANT, January 18, 1995, Exemption copies of its Inspection Procedures Disposition: To grant exemption from No. 5010C Manual at service document stations the bird speed requirements of Docket No.: 25899 throughout the shop. The manuals § 25.571 and to deny exemption from Petitioner: Executive Air Taxi Corp. would be available for review by all the bird weight requirements of Sections of the FAR Affected: 14 CFR supervisory and inspection personnel, § 25.631. 43.3(g) in lieu of providing a copy to each PARTIAL GRANT, December 30, 1994, Description of Relief Sought/ individual as required by FAR. Exemption No. 6011 Disposition: To permit Executive Air GRANT, January 9, 1995, Exemption Docket No.: 27852 Taxi Corp., pilots to remove and No. 6014 Petitioner: Higher Power Aviation, Inc. reinstall passenger seats and approved Docket No.: 27432 Sections of the FAR Affected: 14 CFR stretcher bases in its single-engine Petitioner: Dornier Luftfahrt GmbH 61.55(b)(2); 61.56(c)(1); 61.57(c) and and multi-engine aircraft. Sections of the FAR Affected: 14 CFR (d); 61.58 (c)(1) and (d); 61.63(c)(2) PARTIAL GRANT, December 13, 1994, 25.562(c)(5) and (d)(2) and (3); 61.65(c), (e)(2) and Exemption No. 5997 Description of Relief Sought/ (3), and (g); 61.67(d)(2); 61.157(d)(1) Docket No.: 26804 Disposition: To extend Exemption No. and (2) and (e)(1) and (2); 61.191(c); Petitioner: Mr. Jim Gallagher 5765, as amended, which exempts and appendix A, part 61. Sections of the FAR Affected: 14 CFR Dornier from the HIC requirements of Description of Relief Sought/ 21.19(b)(1) § 25.562(c)(5) for front row passenger Disposition: To permit Higher Power Description of Relief Sought/ seats located behind bulkheads on Aviation, Inc., to use FAA-approved Disposition: To permit Mr. Jim Dornier Model 328 airplanes. simulators to meet certain flight Gallagher to apply for a supplemental Dornier’s request for this to be a experience requirements of part 61. type certificate instead of a new type permanent exemption has been GRANT, January 20, 1995, Exemption certificate for a design change that denied. No. 5986 adds an engine to the Intrprinderea De PARTIAL GRANT, December 30, 1994, Docket No.: 27896 Constructii Aeronautice (Romania) Exemption No. 5765B Petitioner: Pacific West Training Model IS–28B2 glider. Sections of the FAR Affected: 14 CFR PARTIAL GRANT, December 19, 1994, Docket No.: 27650 61.55(b)(2); 61.56(c)(1); 61.57(c) and Exemption No. 6013 Petitioner: Reno Air Sections of the FAR Affected: 14 CFR (d); 61.58(c)(1) and (d); 61.63(c)(2) Docket No.: 27235 47.49 and 91.203 (a) and (b) and (d)(2) and (3); 61.65(c), (e)(2) and Petitioner: United Airlines, Inc. (3), and (g); 61.67(d)(2); 61.157(d)(1) Sections of the FAR Affected: 14 CFR Description of Relief Sought/ and (2) and (e)(1) and (2); 61.191(c); appendix H, part 121 Disposition: To allow Reno Air to Description of Relief Sought/ permit airline operations of U.S.- and appendix A, part 61. Description of Relief Sought/ Disposition: To extend Exemption No. registered aircraft in domestic airline Disposition: To permit Pacific West 5807, which permits United Airlines, operations without the registration or Training to use FAA-approved Inc., to conduct second-in-command airworthiness certifications on board simulators to meet certain flight initial training and checking the aircraft. experience requirements of part 61. (including type ratings when GRANT, January 12, 1995, Exemption GRANT, January 20, 1995, Exemption appropriate) in accordance with the No. 6019 No. 5987 Phase III simulator requirements of Docket No.: 27695 part 121, appendix H, when the Petitioner: General Electric Aircraft [FR Doc. 95–4077 Filed 2–16–95; 8:45 am] simulator does not meet the motion, Engines BILLING CODE 4910±13±M buffet, and sound requirements for a Sections of the FAR Affected: 14 CFR Phase III simulator. 21.325(b)(1) GRANT, January 23, 1995, Exemption Description of Relief Sought/ National Highway Traffic Safety No. 5807A Disposition: To allow twenty export Administration Docket No.: 27405 airworthiness approvals to be issued Petitioner: Mandarin Airlines Co., for Class I products (engines) that will Research and Development Programs Limited be located in Europe. Meeting GRANT, January 12, 1995, Exemption Sections of the FAR Affected: 14 CFR AGENCY: National Highway Traffic No. 6016 61.77 and 63.23 Safety Administration, DOT. Description of Relief Sought/ Docket No.: 27810 ACTION: Notice. Disposition: To extend Exemption No. Petitioner: Mr. Hector M. Aguilar, Jr. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9425 SUMMARY: This notice announces a regarding the Agency’s research and National safety belt use survey, New public meeting at which NHTSA will development programs. This ninth data elements for FARS and NASS, describe and discuss specific research meeting in the series will be held on Special crash investigations program and development projects and requests March 28, 1995. regarding air bag performance, suggestions for agenda topics. NHTSA requests suggestions from Pedestrian special NASS data collection DATES AND TIMES: The National Highway interested parties on the specific agenda project, and Critical Outcome Data Traffic Safety Administration will hold topics. NHTSA will base its decisions Evaluation System (CODES)—Linkage of a public meeting devoted primarily to about the agenda, in part, on the databases on police accident reporting presentations of specific research and suggestions it receives by close of and medical outcomes. development projects on March 28, business at 4:15 p.m. on February 28, Questions regarding research projects 1995, beginning at 1:30 p.m. and ending 1995. Before the meeting, it will publish that have been submitted in writing not at approximately 5:00 p.m. The deadline a notice with an agenda listing the later than close of business on march 21, for interested parties to suggest agenda research and development topics to be 1995, will be answered as time permits. topics is 4:15 p.m. on February 28, 1995. discussed. NHTSA asks that the A transcript of the meeting, copies of Questions may be submitted in advance suggestions be taken from the list below materials handed out at the meeting, regarding the Agency’s research and and that they be limited to six, in and copies of the suggestions offered by development projects. They must be priority order, so that the presentation at commenters will be available for public submitted in writing by March 21, 1995 the March 28 R&D meeting can be most inspection in the NHTSA Technical to the address given below. If sufficient useful to the audience. Please note that Reference Section, Room 5108, 400 time is available, questions received almost all of these topics have been Seventh Street, SW, Washington, DC after the March 21 date will be discussed at the previous eight meetings 20590. Copies of the transcript will then answered at the meeting in the to some extent and that presentations at be available at 10 cents a page, upon discussion period. The individual, the ninth meeting will be reports on request to NHTSA Technical Reference group or company asking a question current status, results, and plans. Section. The Technical Reference does not have to be present for the Specific Crashworthiness R&D topics Section is open to the public from 9:30 question to be answered. A consolidated are: Improved frontal crash protection, a.m. to 4:00 p.m. list of the questions submitted by March Advanced glazing research, Highway NHTSA will provide technical aids to 21 will be available at the meeting and traffic injury studies, Head and neck participants as necessary, during the will be mailed to requesters after the injury research, Lower extremity injury NHTSA Industry Research and meeting. research, Thorax injury research, Development Meeting. Thus any person Human injury simulation and analysis, desiring assistance of ‘‘auxiliary aids’’ ADDRESSES: The meeting will be held at Crash test dummy component (e.g. sign-language interpreter, the Ramada Inn, near Detroit Metro development, Vehicle agressivity and telecommunication devices for deaf Airport, 8270 Wickham Rd., Romulus, fleet compatibility, Upgrade side crash persons (TTDs), readers taped texts, MI 48174. Suggestions for specific R&D protection, Upgrade seat and occupant braille materials, or large print materials topics as described below and questions restraint systems, Child safety research, and/or a magnifying device), please for the March 28, 1995, meeting relating and Electric and alternate fuel vehicle contact Barbara Coleman on 202/366– to the Agency’s research and safety. 1537 by COB March 21, 1995. development programs should be Specific Crash Avoidance R&D topics submitted to George L. Parker, Associate FOR FURTHER INFORMATION CONTACT: Dr. are: Tuck crashworthiness/occupant Richard L. Stronbotne, Special Assistant Administrator for Research and protection, Truck tire traction, Portable Development, NRD–01, National for Technology Transfer Policy and data acquisition system for crash Programs, Office of Research and Highway Traffic Safety Administration, avoidance research, Systems to enhance Room 6206, 400 Seventh St. SW, Development, 400 Seventh Street, SW, EMS response (automatic collision Washington, DC 20590. Telephone: Washington, DC 20590. The fax number notification), Vehicle motion is 202–366–5930. 202–366–4730. Fax number: 202–366– environment, Crash causal analysis, 5930 SUPPLEMENTARY INFORMATION: NHTSA Guidelines for crash avoidance warning intends to provide detailed presentation devices, Longer combination vehicle Issued: February 9, 1995. about its research and development safety, Drowsy driver monitoring, Driver George L. Parker, programs in a series of quarterly public workload assessment, and Performance Associate Administrator for Research and meetings. The series started in April, guidelines for IVHS systems (approach). Development. 1993. The purpose is to make available Specific topics from the National [FR Doc. 95–4028 Filed 2–16–95; 8:45 am] more complete and timely information Center for Statistics and Analysis are: BILLING CODE 4910±59±M 9426 Sunshine Act Meetings Federal Register Vol. 60, No. 33 Friday, February 17, 1995 This section of the FEDERAL REGISTER DATE PREVIOUSLY ANNOUNCED: February scheduling of meeting items. For further contains notices of meetings published under 3, 1995. information and to ascertain what, if the ``Government in the Sunshine Act'' (Pub. CHANGE IN THE MEETING: Cancellation. any, matters have been added, deleted L. 94-409) 5 U.S.C. 552b(e)(3). The closed meeting scheduled for or postponed, please contact: The Office Friday, February 10, 1995, at 2:00 p.m., of the Secretary (202) 942–7070. was cancelled. SECURITIES AND EXCHANGE COMMISSION Dated: February 15, 1995. Commissioner Roberts, as duty ``FEDERAL REGISTER'' CITATION OF officer, determined that Commission Jonathan G. Katz, PREVIOUS ANNOUNCEMENT: [60 FR 6771, business required the above change and Secretary. February 3, 1995]. that no earlier notice thereof was [FR Doc. 95–4154 Filed 2–15–95; 1:14 pm] STATUS: Open meeting. possible. BILLING CODE 8010±01±M PLACE: 450 Fifth Street, N.W., At times, changes in Commission Washington, D.C. priorities require alterations in the federal register February 17,1995 Friday Subcategory; ProposedRule Extraction PointSourceCategory,Coastal Performance Standards:OilandGas Pretreatment Standards,andNewSource Effluent LimitationsGuidelines, 40 CFRPart435 Protection Agency Environmental Part II 9427 9428 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules ENVIRONMENTAL PROTECTION will more fully incorporate the rules have been claimed as confidential AGENCY regulatory effects of the Region VI business information (CBI) and, General Permits upon promulgation of therefore, are not included in the record 40 CFR Part 435 the final rule. that is available to the public in the DATES Water Docket. To support the [FRL±5149±7] : Comments on the proposal must be received by May 18, 1995. Two rulemaking, EPA is presenting certain RIN 2040±AB72 public meetings will be held during the information in aggregated form or is comment period: on March 7, 1995, in masking facility identities to preserve Effluent Limitations Guidelines, New Orleans, Louisiana and on March confidentiality claims. Further, the Pretreatment Standards, and New 21, 1995, in Seattle, Washington. Both Agency has withheld from disclosure Source Performance Standards: Oil meetings will be held from 9:00 am to some data not claimed as confidential and Gas Extraction Point Source 12:00 pm. business information because release of Category, Coastal Subcategory ADDRESSES: Submit comments in this information could indirectly reveal AGENCY: Environmental Protection writing to: Ms. Allison Wiedeman, information claimed to be confidential. Agency (EPA). Engineering and Analysis Division Some facility-specific data, which have been claimed as confidential ACTION: Proposed rule. (4303), U.S. EPA, 401 M Street, S.W., Washington, DC 20460. Please submit business information, are available to SUMMARY: This proposed regulation any references cited in your comments. the company that submitted the would limit the discharge of pollutants EPA would appreciate an original and information. To ensure that all CBI is into waters of the United States and the two copies of your comments and protected in accordance with EPA introduction of pollutants into publicly- enclosures (including references). regulations, any requests for company- owned treatment works by existing and The public record supporting the specific data should be submitted to new facilities in the coastal subcategory proposed effluent limitations guidelines EPA on company letterhead and signed of the oil and gas extraction point and standards is in the Water Docket by a responsible official authorized to source category. located in the basement of the EPA receive such data. The request must list This proposed regulation would Headquarters building, Room L102, 401 the specific data requested and include establish effluent limitations guidelines M Street S.W., Washington, DC 20460. the following statement, ‘‘I certify that and new source performance standards For access to Docket materials call (202) EPA is authorized to transfer (NSPS) for direct dischargers based on 260–3027. The Docket staff requests that confidential business information ‘‘best practicable control technology interested parties call, between 9:00 am submitted by my company, and that I currently available’’ (BPT), ‘‘best and 3:30 pm, for an appointment before am authorized to receive it.’’ conventional pollutant control visiting the docket. The EPA regulations Overview technology’’ (BCT), ‘‘best available at 40 CFR Part 2 provide that a This preamble includes a description technology economically achievable’’ reasonable fee may be charged for of the legal authority for these rules; a (BAT), and ‘‘best available demonstrated copying. summary of the proposal; a description control technology’’ (BADCT) for new The workshops covering the of the background documents that sources. The proposal also would rulemaking will be held at the Minerals support these proposed regulations and establish ‘‘pretreatment standards for Management Service, Gulf of Mexico other background information; and a new sources’’ (PSNS) and ‘‘pretreatment OCS Region, Office of the Regional description of the technical and standards for existing sources’’ (PSES) Director, 1201 Elmwood Park Boulevard economic methodologies used by EPA for facilities discharging their in New Orleans, Louisiana on March 7, to develop these regulations. This wastewaters to publicly-owned 1995, and at the Federal Building, 915 preamble also solicits comment and treatment works (POTWs). 2nd Avenue, North Auditorium in data on specific areas of interest. The This regulation will reduce the Seattle, Washington on March 21, 1995. definitions, acronyms, and discharge of pollutants into U.S. coastal The background documents are abbreviations used in this notice are water bodies by 4.3 billion pounds, available from the Office of Water defined in Appendix A to the preamble. thereby also reducing the impacts these Resource Center, RC–4100, at the U.S. discharges would otherwise incur to EPA, Washington, DC address shown Organization of This Document aquatic life and/or human health. As a above; telephone (202) 260–7786 for the voice mail publication request line. I. Legal Authority result of consultation with stakeholders, II. Summary and Scope of the Proposed the preamble solicits comments and FOR FURTHER INFORMATION CONTACT: For Regulations data not only on issues raised by EPA, technical information contact Ms. A. Purpose of this Rulemaking but also on those raised by State and Allison Wiedeman at (202) 260–7179. B. Summary of Proposed Coastal local governments who will be For economic information contact Dr. Guidelines implementing these regulations and by Matthew Clark at (202) 260–7192. C. The EPA Region VI Coastal Oil and Gas industry representatives who will be Production NPDES General Permit SUPPLEMENTARY INFORMATION: D. Preventing the Circumvention of affected by them. Effluent Limitations Guidelines and New This proposal does not take into Public Meeting Source Performance Standards account the regulatory effects of the No meeting materials will be E. Common Sense Initiative recently published final EPA Region VI distributed in advance of these III. Background NPDES General Permits for production meetings: all material will be distributed A. Clean Water Act B. Pollution Prevention Act facilities (January 9, 1995). With these at the meetings. See ADDRESSES for C. Coastal Subcategory Definition permits in effect, the costs of this information on location of the public proposal will be reduced and the actual D. New Source Definition meetings. E. Summary of Public Participation reduction of pollutant loadings to Docket IV. Description of the Industry coastal waters would be approximately A. Industry Description 71 percent less, or 1.25 billion pounds EPA notes that many documents in B. Location per year, due to today’s proposal. EPA the record supporting these proposed C. Activity Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9429 D. Waste Streams Water Act (CWA), 33 U.S.C. sections the best possible data upon which to E. Current NPDES Permits 1311, 1314, 1316, 1317, 1318, and 1361. base a decision for the final regulation. V. Summary of Data Gathering Efforts EPA emphasizes that it is soliciting II. Summary and Scope of the Proposed A. Information Used From the Offshore comments on all options suggested in Guidelines Regulations and raised by this proposal and that it B. 1993 Coastal Oil and Gas Questionnaire C. Investigation of Solids Control A. Purpose of This Rulemaking may adopt any such options or Technologies for Drilling Fluids The purpose of this rulemaking is to combination of options in the final rule. D. Sampling Visits to 10 Gulf of Mexico propose effluent limitations guidelines B. Summary of Proposed Coastal Coastal Production Facilities and standards for the control of the Guidelines E. State Discharge Monitoring Reports discharge of pollutants for the Coastal F. Commercial Disposal Operations EPA proposes to establish regulations Subcategory of the Oil and Gas G. Evaluation of NORM in Produced based on ‘‘best practicable control Waters Extraction Point Source Category. The technology currently available ’’(BPT) H. Alaska Operations discharge limitations proposed today for one specific wastestream for which I. Region X Drilling Fluid Toxicity Data apply to discharges from coastal oil and BPT does not currently apply, and ‘‘best Study gas extraction facilities, including conventional pollutant control J. California Operations exploration, development and technology’’ (BCT), ‘‘pretreatment K. OSW Sampling Program production operations. The processes L. Estimation of the Inner Boundary of the standards for existing sources’’ (PSES), and operations which comprise the ‘‘best available technology economically Territorial Seas coastal oil and gas subcategory . VI. Development of Effluent Limitations achievable’’ (BAT), best available Guidelines and Standards (Standard Industrial Classification (SIC) demonstrated control technology A. Drilling Fluids and Drill Cuttings Major Group 13) are currently regulated (BADCT) for new sources, and (Drilling Wastes) under 40 CFR Part 435, Subpart D. ‘‘pretreatment standards for new B. Produced Water These regulations are being proposed sources’’ (PSNS) for the remaining waste C. Produced Sand under the authority of the CWA, as streams. D. Deck Drainage discussed in Section I of this notice. The Under this rule, EPA is co-proposing E. Treatment, Workover, and Completion regulations are also being proposed three options for the control of drilling Fluids pursuant to a Consent Decree entered in fluids and cuttings (including any F. Domestic Wastes NRDC et al. v. Reilly, (D D.C. No. 89– G. Sanitary Wastes effluent from dewatering pit closures VII. Economic Analysis 2980, January 31, 1992) and are activities) for BAT effluent limitations A. Introduction consistent with EPA’s latest Effluent guidelines, and NSPS. The three options B. Economic Methodology Guidelines Plan under section 304(m) of considered contain zero discharge for all C. Summary of Costs and Economic the CWA. (See 59 FR 44234, August 26, areas, except two of the options contain Impacts 1994). The existing effluent limitations allowable discharges for Cook Inlet. One D. Produced Water guidelines, which were issued on April of these options, which would allow E. Drilling Fluids and Drill Cuttings 13, 1979 (44 FR 22069), are based on the discharges meeting a more stringent F. Treatment, Workover, and Completion achievement of best practicable control toxicity limitation if selected for the Fluids technology currently available (BPT). G. Cost-Effectiveness Analysis final rule, would require an additional H. Regulatory Flexibility This proposed rule is referred to as the notice for public comment since the VIII. Non Water Quality Environmental Coastal Guidelines throughout this specific toxicity limitation has not been Impacts preamble. determined at this time. The three A. Drilling Fluids and Cuttings This summary section highlights key options are: Option 1—zero discharge of B. Produced Water aspects of the proposed rule. The all areas except Cook Inlet where C. Treatment, Workover and Completion technology descriptions discussed later discharge limitations require toxicity of Fluids in this notice are presented in no less than 30,000 ppm (SPP), no IX. Executive Order 12866 abbreviated form; more detailed discharge of free oil and diesel oil and X. Executive Order 12875 descriptions are included in the no more than 1 mg/l mercury and 3 mg/ XI. Paperwork Reduction Act Development Document for Proposed XII. Environmental Benefits Analysis l cadmium in the stock barite, Option A. Introduction Effluent Limitations Guidelines and 2—zero discharge for all areas except for B. Quantitative Estimate of Benefits Standards for the Coastal Subcategory of Cook Inlet were discharge limitations C. Description of Non-Quantified Benefits the Oil and Gas Extraction Point Source would be the same as Option 1, except D. EPA Region VI Production Permit Category, referred to hereafter as the toxicity would be set to meet a XIII. Regulatory Implementation ‘‘Coastal Technical Development limitation between 100,000 ppm (SPP) A. Toxicity Limitation for Drilling Fluids Document’’. Today’s proposal presents and 1 million ppm (SPP), and Option and Drill Cuttings EPA’s selected technology approach and 3—zero discharge for all areas. EPA is B. Diesel Prohibition for Drilling Fluids several others that were considered in proposing PSES and PSNS prohibiting and Drill Cuttings the regulation development process. C. Upset and Bypass Provisions all discharges of drilling fluids and drill D. Variances and Modifications The proposed rule is based on a detailed cuttings. BCT for drilling fluids and E. Synthetic Drilling Fluids evaluation of data acquired during the cuttings is being proposed as zero XIV. Related Rulemakings development of the proposed discharge for the entire subcategory XV. Solicitation of Data and Comments limitations. As indicated below in the except for Cook Inlet, Alaska. BCT XVI. Background Documents discussion of the specifics of the limitations for drilling fluids and Appendix A—Abbreviations, Acronyms, and proposal, EPA welcomes comment on cuttings for Cook Inlet would require no Other Terms Used in This Notice all options and issues and encourages discharge of free oil (as determined by I. Legal Authority commenters to submit additional data the static sheen test). during the comment period. Also, EPA EPA is proposing to prohibit These regulations are being proposed is willing to meet with interested parties discharges of produced water from all under the authority of sections 301, 304, during the comment period to ensure coastal subcategory operations except 306, 307, 308, and 501 of the Clean that EPA has the views of all parties and those located in Cook Inlet, Alaska, 9430 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules under BAT. Proposed BAT for coastal BCT is being proposed for domestic associations, including the Louisiana facilities in Cook Inlet would limit the wastes as equal to BPT (which is no and Texas Independent Oil and Gas discharge of oil and grease in produced discharge of floating solids) with an Associations (TIOGA and LIOGA) and water to a daily maximum of 42 mg/l additional requirement prohibiting the American Petroleum Institute (API) to and a thirty day average of 29 mg/l. EPA discharge of garbage. BAT is being discuss progress on the rulemaking. The is proposing to prohibit discharges of proposed for domestic wastes to Agency also has met with the Natural produced water from all coastal prohibit discharge of foam. NSPS is Resources Defense Council (NRDC) to subcategory operations under NSPA, being proposed for domestic wastes as discuss progress on this rulemaking. PSNS, and PSES. BCT limits for equal to BCT and no discharge of foam Because all of the facilities affected by produced waters in all coastal regions and no discharge of garbage. No this proposal are direct discharges, the (including Cook Inlet) would be set pretreatment standards are being Agency did not conduct an outreach equal to the current BPT limitations, established for domestic wastes. survey of POTWs. which limit the discharge of oil and BCT and NSPS limitations for sanitary The Agency also held a public grease to a daily maximum of 72 mg/l wastes are being proposed as equal to meeting on July 19, 1994. The purpose and a thirty day average of 48 mg/l. the current BPT effluent limitations of the meeting was to present the project BCT for treatment, workover and guidelines. Sanitary waste effluents status and discuss the technical options completion fluids is proposed to be set from facilities continuously manned by under consideration for this proposal. equal to current BPT limits prohibiting ten (10) or more persons would contain Representatives from industry trade discharges of free oil, with compliance a minimum residual chlorine content of associations, individual industry to be determined by use of the static 1 mg/1, with the chlorine level companies, state regulatory authorities, sheen test. EPA is co-proposing two maintained as close to this the U.S. Department of Energy and options for BAT and NSPS limitations concentration as possible. Coastal Interior (Minerals Management Service) for treatment, workover and completion facilities continuously manned by nine and the Sierra Club Legal Defense Fund finds. Option 1 would require no or fewer persons or only intermittently attended. discharge of free oil and prohibit manned by any number of persons must The Agency will continue this process discharges to freshwaters of Texas and comply with a prohibition on the of consulting with state, local, and other Louisiana. This option reflects current discharge of floating solids. BAT is not affected parties after proposal in order practice. Option 2 would require the being developed for sanitary wastes to further minimize the potential for same limitations as the preferred option because no toxic or nonconventional unfunded mandates that may result for produced water. This option would pollutants of concern have been from this rule. These proposed require for BAT that discharges of identified in this waste stream. No requirements, when promulgated, will treatment, workover and completion pretreatment standards are being be implemented via the existing fluids would be prohibited in all coastal established for sanitary wastes. regulatory structure and no additional areas except Cook Inlet. In Cook Inlet, Compliance with these proposed burden is expected. limitations would result in a yearly these discharges would be required to C. The EPA Region VI Coastal Oil and meet a daily maximum oil and grease decrease of 4.3 billion pounds of toxic, Gas Production NPDES General Permits limitation of 42 mg/l and a 30 day nonconventional and conventional average of 29 mg/l. Option 2 would pollutants in produced water, from zero EPA’s Region VI has recently require zero discharge of these fluids to 23 million pounds of toxic published final NPDES General permits everywhere for NSPS. EPA proposes nonconventional and conventional regulating produced water and zero discharge as PSES, and PSNS for pollutants in drilling fluids and drill produced sand discharges to coastal treatment, workover and completion cuttings (depending on the option waters in Louisiana and Texas (60 FR fluids. considered), and zero to 3.9 million 2387, Jan. 9, 1995). The permits prohibit BPT, BCT, BAT, NSPS, PSES and pounds of toxic, nonconventional, and the discharge of produced water and PSNS are being proposed for produced conventional pollutants in treatment, produced sand derived from the coastal sand and would prohibit all discharges workover, and completion fluids subcategory to any water subject to EPA of this wastestream. The only BPT (depending on the option considered). jurisdiction under the Clean Water Act. effluent limitations guidelines being EPA expects a variety of human Much of the industry covered by proposed today are for produced sand health, and environmental benefits to today’s proposed rulemaking is also which is the only wastestream for which result from these reductions in effluent covered by these General permits. BPT limits have not been previously loadings. In particular, the benefits However, a significant difference promulgated. include: Relief to coastal waters which between the permits and this proposal BCT, BAT, and NSPS limits being support spawning grounds, nurseries is that the permits do not cover proposed for deck drainage would be set and habitats for commercial and produced water discharges derived from equal to current BPT limits prohibiting recreational fisheries: Reducing the Offshore subcategory wells into the discharges of free oil, with compliance documented aquatic ‘‘dead zone’’ main deltaic passes of the Mississippi to be determined by use of the visual impacts; reduction of potential cancer River, or to the Atchafalaya River below sheen test. EPA is proposing zero risks to anglers from consuming seafood Morgan City including Wax Lake Outlet. discharge for PSES and PSNS for deck contaminated by produced water The rulemaking being proposed today drainage because collection and capture radionuclides; and reducing potential would cover these discharges (see the of this wastestream is technically exposure of endangered species to toxic discussion below entitled ‘‘C. impractical in many situations (as contaminants. This proposal will result Preventing the Circumvention of discussed later in Section VI.D.) such in total benefits ranging from $3.2 to Effluent Limitations Guidelines and that its direction to POTW’s would $230 million (in 1990 $’s) due to New Source Performance Standards’’). rarely if ever occur. EPA also believes reduced cancer risks and increased Due to the close proximity of the that combining this wastestream with recreational values of wetlands. timing of the publication of the Region municipal treatment facilities that may Since the inception of the project in 6 permits and this proposal, this already be at full capacity should not be 1994, there have been periodic meetings preamble presents the costs and impacts encouraged. with the industry and several trade of today’s rulemaking as if the Region Vi Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9431 General permits were not final. As Elimination System (NPDES) permits • Recordkeeping and Reporting. Make presented in later sections of this issued for this industry. EPA believes, it easier to provide, use, and publicly preamble, today’s proposal (including however, that it would enhance the disseminate relevant pollution and the facilities covered by the Region VI enforcement of these provisions to environmental information. permit) would remove 4.3 billion include them as part of the effluent • Compliance and Enforcement. Find pounds of pollutants in produced water limitations guidelines, new source innovative ways to assist companies from being discharged per year. The performance standards and pretreatment that seek to comply and exceed legal Region VI permit covers approximately standards. requirements while consistently 71 percent of the produced water Therefore, this rule proposes to enforcing the law for those that do not volume being discharged in the coastal prohibit oil and gas facilities from achieve compliance. subcategory. The remaining 29 percent moving effluent from a subcategory with • is derived from coastal facilities treating more stringent requirements to a Permitting. Improve permitting so offshore produced waters and currently subcategory with less stringent that it works more efficiently, discharging them into main deltaic river requirements, unless that effluent is encourages innovation, and creates passes in Louisiana, as well as from discharged in compliance with the more opportunities for public other coastal operations in the U.S. limitations imposed by the more participation. Thus, with the Region VI General stringent subcategory. For example, • Environmental Technology. Give permits final, this rule would actually facilities could not move produced industry the incentives and flexibility to result in the removal of 1.25 billion water generated from the onshore develop innovative technologies that pounds (29 percent of 4.3 billion subcategory of the oil and gas industry meet and exceed environmental pounds) of pollutants per year from (which is subject to zero discharge standards while cutting costs. being discharged into coastal waters. requirements) to the offshore The coastal oil and gas extraction As also presented in later sections of subcategory of the oil and gas industry rulemaking effort was not among those this preamble, compliance costs of and dispose of the effluent at the today’s rulemaking (including the offshore limitations and standards. included in the Common Sense facilities covered by the Region VI Similarly, this rule proposes to prohibit Initiative. However, many oil and gas permit) total approximately $40.4 facilities from moving produced water producers (mostly large companies) million annually. With the Region VI generated from the offshore subcategory involved in coastal oil and gas General permits final, the costs of this to the coastal or onshore subcategory extraction activities also have refineries. rule would be reduced to approximately and discharging the produced water at These companies are projected to incur $19.9 million annually. the offshore limitations. (An offshore oil costs associated with the requirements EPA will more fully incorporate and gas facility could, however, pipe contained in this proposal, however, regulatory effects of the Region VI produced water to shore for treatment these costs are not projected to have an General permits upon promulgation of economic impact at the firm level. The the final rule. and return it to offshore waters for disposal at the offshore limits. Disposal Agency believes that the CSI objectives D. Preventing the Circumvention of of such produced water onshore already have been incorporated into the Effluent Limitations Guidelines and however, would be subject to zero coastal oil and gas extraction industry New Source Performance Standards discharge.) EPA intends that these rulemaking, and the Agency intends to This rule also proposes a provision provisions would be applied continue to pursue these objectives. The intended to prevent oil and gas facilities prospectively in future NPDES permits. Agency particularly will focus on avenues for giving state and local subject to Part 435 of this title from E. Common Sense Initiative circumventing the effluent limitations authorities flexibility in implementing guidelines, new source performance On August 19, 1994, the this rule, and giving the industry standards and pretreatment standards Administrator established the Common flexibility to develop innovative and applicable to those facilities by moving Sense Initiative (CSI) Council in costs effective compliance strategies. In effluent from one subcategory to another accordance with the Federal Advisory developing this rule, EPA took subcategory. When EPA establishes its Committee Act (U.S.C. Appendix 2, advantage of several opportunities to effluent limitations guidelines and Section 9 (c)) requirements. A principal gain the involvement of various standards, it does so based on a goal of the CSI includes developing stakeholders. Sections III. E, V and X of determination, supported by analyses recommendations for optimal this preamble describe consultations contained in the rulemaking record, that approaches to multimedia controls for with state and local governments and facilities in that subcategory, among industrial sectors including Petroleum other parties including the industry. other factors also considered under the Refining, Metal Plating and Finishing, EPA has internally coordinated among CWA, can technologically and Printing, Electronics and Computers, relevant program offices in developing economically achieve the requirements Auto Manufacturing, and Iron and Steel this rule as well. Section XIV describes of the rule. The purpose of the rule is Manufacturing. The following are the related rulemakings that are being not accomplished if facilities move six overall objectives of the CSI developed by EPA’s Office of Air effluent from a subcategory with more program, as stated in the ‘‘Advisory Quality, Planning and Standards, stringent requirements to a subcategory Committee Charter.’’ Underground Injection Control Program, with less stringent requirements or if • Regulation. Review existing and Spill Prevention, Control and facilities move effluent from a regulations for opportunities to get Countermeasure Program. EPA will be subcategory with less stringent better environmental results at less cost. monitoring these related rulemakings to requirements to a subcategory with Improve new rules through increased assess their collective costs to the more stringent requirements and coordination. industry. Section VIII of the preamble discharge effluent at the less stringent • Pollution Prevention. Actively describes the non-water quality impacts limitations. Until now, EPA has promote pollution prevention as the this proposed rule would have on other attempted to prevent this circumvention standard business practice and a central media including air emissions and solid in the National Pollution Discharge ethic of environmental protection. waste disposal. 9432 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules III. Background additional conventional pollutant on establish pretreatment standards for July 30, 1979 (44 FR 44501). pollutants that pass through POTWs or A. Clean Water Act interfere with treatment processes or c. Best Available Technology 1. Statutory Requirements of sludge disposal methods at POTWs. Economically Achievable (BAT)—Sec. Pretreatment standards are technology- Regulations 304(b)(2) of the CWA based and analogous to BAT effluent The objective of the Clean Water Act In general, BAT effluent limitations limitations guidelines. (CWA) is to ‘‘restore and maintain the guidelines represent the best existing The General Pretreatment chemical, physical, and biological economically achievable performance of Regulations, which set forth the integrity of the Nation’s waters’’. CWA plants in the industrial subcategory or framework for the implementation of § 101(a). To assist in achieving this category. The CWA establishes BAT as categorical pretreatment standards, are objective, EPA issues effluent limitation a principal national means of found at 40 CFR Part 403. Those guidelines, pretreatment standards, and controlling the direct discharge of toxic regulations contain a definition of pass- new source performance standards for and nonconventional pollutants. The through that addresses localized rather industrial dischargers. These guidelines factors considered in assessing BAT than national instances of pass-through and standards are summarized below: include the age of equipment and and establish pretreatment standards facilities involved, the process a. Best Practicable Control Technology that apply to all non-domestic employed, potential process changes, Currently Available (BPT)—Sec. dischargers. See 52 FR 1586, January 14, non-water quality environmental 304(b)(1) of the CWA 1987. impacts, including energy requirements, f. Pretreatment Standards for New BPT effluent limitations guidelines and such factors as the Administrator Sources (PSNS)—Sec. 307(b) of the apply to discharges of conventional, deems appropriate. The Agency retains CWA priority, and non-conventional considerable discretion in assigning the pollutants from existing sources. BPT weight to be accorded these factors. An Like PSES, PSNS are designed to guidelines are generally based on the additional statutory factor considered in prevent the discharges of pollutants that average of the best existing performance setting BAT is economic achievability pass through, interfere with, or are by plants in a category or subcategory. across the subcategory. Generally, the otherwise incompatible with the In establishing BPT, EPA considers the achievability is determined on the basis operation of POTWs. PSNS are to be cost of achieving effluent reductions in of total costs to the industrial issued at the same time as NSPS. New relation to the effluent reduction subcategory and their effect on the indirect dischargers have the benefits, the age of equipment and overall industry financial health. As opportunity to incorporate into their facilities, the processes employed, with BPT, where existing performance plants the best available demonstrated process changes required, engineering is uniformly inadequate, BAT may be technologies. The Agency considers the aspects of the control technologies, non- transferred from a different subcategory same factors in promulgating PSNS as it water quality environmental impacts or category. BAT may be based upon considers in promulgating NSPS. process changes or internal controls, (including energy requirements), and g. Best Management Practices (BMPs) other factors as the EPA Administrator even when these technologies are not deems appropriate. CWA § 304(b)(1)(B). common industry practice. Section 304(e) of the CWA gives the Administrator the authority to publish Where existing performance is d. Best Available Demonstrated Control uniformly inadequate, BPT may be regulations, in addition to the effluent Technology For New Sources limitations guidelines and standards transferred from a different subcategory (BADCT)—Section 306 of the CWA or category. listed above, to control plant site runoff, NSPS are based on the best available spillage or leaks, sludge or waste b. Best Conventional Pollutant Control demonstrated treatment technology and disposal, and drainage from raw Technology (BCT)—Sec. 304(b)(4) of the apply to all pollutants (conventional, material storage which the CWA nonconventional, and toxic). New Administrator determines may plants have the opportunity to install contribute significant amounts of The 1977 amendments to the CWA the best and most efficient production pollutants. established BCT as an additional level processes and wastewater treatment of control for discharges of conventional h. CWA Section 304(m) Requirements technologies. Under NSPS, EPA is to pollutants from existing industrial point consider the best demonstrated process Section 304(m) of the CWA requires sources. In addition to other factors changes, in-plant controls, and end-of- EPA to establish schedules for (i) specified in section 304(b)(4)(B), the process control and treatment reviewing and revising existing effluent CWA requires that BCT limitations be technologies that reduce pollution to the limitations guidelines and standards established in light of a two part ‘‘cost- maximum extent feasible. In and (ii) promulgating new effluent reasonableness’’ test. EPA published a establishing NSPS, EPA is directed to guidelines. On January 2, 1990, EPA methodology for the development of take into consideration the cost of published an Effluent Guidelines Plan BCT limitations which became effective achieving the effluent reduction and any (55 FR 80), in which schedules were August 22, 1986 (51 FR 24974, July 9, non-water quality environmental established for developing new and 1986). impacts and energy requirements. revised guidelines for several industry Section 304(a)(4) designates the categories, including the coastal oil and following as conventional pollutants: e. Pretreatment Standards for Existing gas industry. Natural Resources Defense biochemical oxygen demanding Sources (PSES)—Sec. 307(b) of the CWA Council, Inc., challenged the Effluent pollutants (measured as BOD5), total PSES are designed to prevent the Guidelines Plan in a suit filed in the suspended solids (TSS), fecal coliform, discharge of pollutants that pass U.S. District Court for the District of pH, and any additional pollutants through, interfere with, or are otherwise Columbia, (NRDC et al v. Reilly, Civ. defined by the Administrator as incompatible with the operation of No. 89–2980). On January 31, 1992, the conventional. The Administrator publicly-owned treatment works Court entered a consent decree (the designated oil and grease as an (POTW). The CWA authorizes EPA to ‘‘304(m) Decree’’), which establishes Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9433 schedules for, among other things, among other things, that EPA propose 13, 1976 (41 FR 44943). On April 13, EPA’s proposal and promulgation of the Coastal Guidelines by January 1995 1979 (44 FR 22069) BPT effluent effluent guidelines for a number of point and promulgate the Guidelines by July limitations guidelines were promulgated source categories, including the Coastal 1996. for all subcategories under the oil and Oil and Gas Industry. The most recent 2. Prior Federal Rulemakings and Other gas category, but action on the BAT and Effluent Guidelines Plan was published Notices NSPS regulations was deferred. Table 1 in the Federal Register on August 26, presents the 1979 BPT limitations. 1994 (59 FR 44234). This plan requires, Coastal subcategory effluent limitations were proposed on October TABLE 1.ÐCOASTAL SUBCATEGORY BPT EFFLUENT LIMITATIONS 2 Waste stream Parameter BPT effluent limitation Produced Water ...... Oil and Grease ...... 72 mg/l Daily Maximum 48 mg/l 30-Day Average. Drilling Cuttings ...... Free Oil 1 ...... No Discharge. Drilling Fluids ...... Free Oil 1 ...... No Discharge. Well Treatment Fluids ...... Free Oil 1 ...... No Discharge. Deck Drainage ...... Free Oil 1 ...... No Discharge. Sanitary-M10 ...... Residual Chlorine ...... 1 mg/l (minimum). Sanitary-M91M ...... Floating Solids ...... No Discharge. Domestic Wastes ...... Floating Solids ...... No Discharge. 1 The free oil ``no discharge'' limitation is implemented by requiring no oil sheen to be present upon discharge (visual sheen). 2 40 CFR Part 435, Subpart D. On November 8, 1989, EPA published wastes is an alternative that prevents considered to be coastal. This a notice of information and request for pollution to the maximum extent application of the coastal definition is comments on the Coastal Oil and Gas possible. As described later in this consistent with the EPA Region 6 final subcategory effluent limitations notice, development of these proposed general permit for coastal drilling guidelines development (54 FR 46919). rules focused on pollution-preventing operations. 58 FR 49126 (September 21, The notice presented information technologies, such as drilling fluids 1993). known to date about control and closed-loop recycle systems and In addition, the revised definition treatment technologies, applicable to oil produced water injection systems, that would no longer refer to 40 CFR and gas wastes as well as the Agency’s some segments of the industry have 125.1(gg). Part 125 was revised at 44 FR anticipated approach to effluent already adopted. 32948 (June 7, 1979) and no longer limitations guidelines development for exists in the CFR. That provision, when C. Coastal Subcategory Definition BAT, BCT, and NSPS. It also solicited it did exist, merely cited section 502(8) comments on the information presented The coastal oil and gas regulations at of the CWA which defines territorial as well as the limitations development 40 CFR 435.41(e) currently define the seas as ‘‘the belt of seas measured from approach and requested additional coastal subcategory as follows: the line of ordinary low water along that information where available. ‘‘(1) any body of water landward of portion of the coast which is in direct the territorial seas as defined in 40 CFR contact with the open sea and the line B. Pollution Prevention Act 125.1(gg) or (2) any wetlands adjacent to marking the seaward limit of inland In the Pollution Prevention Act of such waters.’’ Part 125 was revised at 44 waters, and extending seaward a 1990 (PPA) (42 U.S.C. 13101 et seq., FR 32948 (June 7, 1979). distance of three miles.’’ 40 CFR Pub. L. 101–508, November 5, 1990), EPA proposes to clarify the ‘‘coastal’’ 125.1(gg) (July 1, 1978). That statutory Congress declared pollution prevention definition in this rule. First, EPA definition is still in effect. the national policy of the United States. intends to revise the regulation to state Also, EPA would explicitly include in The PPA declares that pollution should that the coastal subcategory would the definition of ‘‘coastal’’ certain wells be prevented or reduced whenever consist of ‘‘any oil and gas facility located in the area between the feasible; pollution that cannot be located in or on a water of the United Chapman line and the inner boundary prevented or reduced should be States landward of the territorial seas.’’ of the territorial seas that were recycled or reused in an As suggested by the preamble to the determined to be coastal as a result of environmentally safe manner wherever 1979 guidelines in discussing the a decision of the U.S. Court of Appeals feasible; pollution that cannot be coastal definition (44 FR 22017; April for the Fifth Circuit. American recycled should be treated in an 13, 1979), EPA intended the subcategory Petroleum Institute v. EPA, 661 F.2d 340 environmentally safe manner wherever to cover all facilities located over waters (5th Cir. 1981). The Chapman line is feasible; and disposal or release into the under CWA jurisdiction, including formed by a series of 40 latitude and environment should be chosen only as adjacent wetlands. Courts have made it longitude coordinates that roughly a last resort. clear that isolated wetlands with an parallel the Louisiana and Texas Today’s proposed rules are consistent interstate commerce connection, as well coastline to the Mexican border. EPA’s with this policy. In fact, for the two as adjacent wetlands, are waters of the interim final regulations issued in 1976 major wastestreams generated by this United States subject to CWA (41 FR 44942; October 13, 1976) defined industry, EPA is proposing zero jurisdiction. See, e.g., Hoffman Homes, ‘‘coastal’’ to include all land and water discharge for drilling fluids and Inc. v. Administrator 999 F.2d 256 (7th areas landward of the inner boundary of cuttings, as well as zero discharge for Cir. 1993). The revised definition would the territorial seas and eastward of the approximately 80 percent of the volume make it clear that facilities located in or point defined by 89 degrees 45 minutes of produced water. Zero discharge of on isolated wetlands would be West Longitude and 29 degrees 46 9434 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules minutes North latitude and continuing applicable new source performance IV. Description of the Industry west of that point through the series of standard.’’ (See 49 FR 38046, Sept. 26, A. Industry Description longitude and latitude coordinates (the 1984.) Chapman Line) to the point 97 degrees In summary, for coastal operations a Drilling in coastal areas occurs onland 19 minutes West Longitude and drilling operation would be a new as well as over water or wetlands. continuing southward to the U.S.- source if the drilling rig is drilling a Drilling occurs in two phases: Mexican border.) So defined, the coastal coastal development well (not an Exploration and development. area included areas on the Gulf coast of exploratory well) in a new water area. Exploration activities are those Texas and Louisiana. The 1976 Exploratory or development well operations involving the drilling of boundaries were set to include wells drilling from an existing platform or rig wells to locate hydrocarbon bearing located in both water and on land that has not moved since it drilled a formations and to determine the size, within the geographic area defined as previously existing well would not be a and production potential of coastal. new source. For production, a new hydrocarbon reserves. Development On April 13, 1979 (44 FR 22069), EPA source would be a facility discharging activities involve the drilling of redefined the coastal subcategory as set from a new site. production wells once a hydrocarbon reserve has been discovered and forth at 40 CFR 435.41(e). This new EPA invites comments on the definition eliminated reference to the delineated. definition of new sources as it applies Drilling for oil and gas is generally Chapman line, and instead, defined to the coastal oil and gas subcategory. coastal with respect to a well’s location performed by rotary drilling methods over water bodies or wetlands. Under E. Summary of Public Participation which involve the use of a circularly this definition, certain wells located on rotating drill bit that grinds through the EPA encourages full public earth’s crust as it descends. Drilling land, but discharging to coastal areas, participation in developing the final were reclassified into the onshore fluids are injected down through the Coastal Guidelines. During the data drill bit via a pipe that is connected to subcategory and others were reclassified gathering activities that preceded as stripper wells, depending on their the bit, and serve to cool and lubricate development of the proposed rule, EPA the bit during drilling. The rock chips production rate. The wells that were received written comments on the 1989 classified as onshore were required to that are generated as the bit drills Notice of Information and Request for meet zero discharge which is the through the earth are termed drill Comments and has met with standard applicable to onshore facilities. cuttings. The drilling fluid also serves to representatives from industry and Industry challenged EPA’s 1979 final transport the drill cuttings back up to environmental groups, as well as state rule. In American Petroleum Institute v. the surface through the space between and other federal agencies. To further EPA, 661 F.2d 340, 354-57 (5th Cir., the drill pipe and the well wall (this public participation on this rule, on July 1981), the Court held that EPA had space is termed the annulus), in 19, 1994, EPA held a public meeting failed to consider adequately the cost to addition to controlling downhole about the content and the status of the the reclassified facilities of this pressure. proposed regulation. The meeting was regulatory change. As a result of the As drilling progresses, large pipes Court’s decision, EPA suspended the announced in the Federal Register (59 called ‘‘casing’’ are inserted into the applicability of the onshore subcategory FR 31186; June 17, 1994), and well to line the well wall. Drilling guidelines (40 CFR 435.30) to the information packages were distributed continues until the hydrocarbon bearing reclassified wells and to any wells that at the meeting. The public meeting also formations are encountered. In coastal came into existence in the affected area gave interested parties an opportunity to areas, wells depths range from after the issuance of the 1979 provide information, data, and ideas to approximately 8,000–12,000 feet deep, redefinition. See 47 FR 31554 (July 21, EPA on key issues. EPA will assess all and it takes approximately 20–60 days 1982). Thus, the wells affected by this comments and data received at that to complete drilling. suspension are classified as coastal. To public meeting along with comments On the surface, the drilling fluid and reflect this fact, the definition of coastal and data received as a result of this drill cuttings undergo an extensive in 40 CFR 453.41(e) would be revised to proposal as well as the 1989 Notice of separation process to remove as much include facilities subject to the Information, prior to promulgation. solids (e.g., cuttings) from the fluid as suspension. During the development of the possible. The fluid is then recycled into proposed Coastal Guidelines, EPA sent the system, and the cuttings become a D. New Source Definition a questionnaire to industry under waste product. Intermittently during The definition of ‘‘new source’’ as it authority of section 308 of the CWA. drilling, and at the end of the drilling applies to the Offshore Guidelines was During its design, EPA met with process, drilling fluids may become discussed at length in EPA’s 1985 industry trade associations (on March wastes if they can no longer be reused proposal, (50 FR 34617-34619, August 19, 1992) to discuss its plans to issue a or recycled. 26, 1985) and in EPA’s final rule (58 FR questionnaire. Following the March Once the target formations have been 12456-12458, March 4, 1993). EPA meeting, EPA distributed a draft of the reached, and a determination made as to proposes that this definition would also questionnaire to NRDC, industry which have commercial potential, the apply to the coastal oil and gas industry. representatives, and trade associations well is made ready for production by a As discussed in the 1985 proposal and for review and comment. On May 7, process termed ‘‘completion’’. 1993 final rule, provisions in the NPDES 1992, EPA met with industry Completion involves cleaning the well regulations define new source (40 CFR representatives to discuss industry to remove drilling fluids and debris, the 122.2) and establish criteria for a new comments. NRDC did not provide perforation of the casing that lines the source determination (40 CFR comments. A final questionnaire was producing formation, insertion of 122.29(b)). EPA is proposing special subsequently completed, reviewed and production tubing to transport the definitions which are consistent with 40 approved by the Office of Management hydrocarbon fluids to the surface, and CFR 122.29 and which provide that 40 and Budget (OMB) and sent to coastal installation of the surface wellhead. The CFR 122.2 and 122.29(b) shall apply oil and gas operators on August 30, well is now ready for production, or ‘‘except as otherwise provided in an 1993. actual extraction of hydrocarbons. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9435 The hydrocarbons extracted from the can be classified as multi-well states bordering the coast. Thus, at this well usually consist of a combination of platforms. However in the Gulf coastal time, the coastal oil and gas operations oil, gas, and brines (produced water). areas, many single wellheads are located are located only in coastal states. These fluids are initially directed from throughout the coastal waters, serviced Current coastal oil and gas activity the wellhead to a separation facility by gathering centers located on-land or exists along the Gulf of Mexico coastal where gas and oil are separated out and on platforms. Although there are some states of Texas, Louisiana, Alabama and either treated further or sent directly exceptions, in most cases those located Florida, in San Pedro Bay, California offsite for sales, and the produced on land can be accessed by car or truck and also in Alaska’s Cook Inlet and the waters undergo further separation to (land-access) while those facilities North Slope areas. The majority of Gulf remove as much oil as possible from the located over water must be accessed by Coast activity takes place in Texas and water. boat or barge (water-access). An analysis Louisiana. There, coastal oil and gas The separation facilities, or of the EPA 1993 Coastal Oil and Gas operations exist in a number of production facilities, consist of the Questionnaire data results indicates that topographical situations including bays, treatment equipment and storage tanks approximately 34 percent of the sounds, lakes, and wetlands. Coastal oil that process the produced fluids. production facilities in the Gulf of and gas activity in Alabama is located Production facilities may be configured Mexico are land accessed, and 66 in Mobile Bay; and a small number of to service one well, or as central percent are water-accessed facilities. wells are also located in wetlands along facilities which service multiple (See Section V.B for description of the the west coast of Florida. satellite wells, also known as tank Questionnaire). This distinction is Coastal oil and gas activity in batteries or gathering centers. important when estimating regulatory California exists behind the barrier Coastal production facilities can be compliance costs and impacts as island that forms San Pedro Bay (in located over water or on land. described in sections VI and VIII. On the Long Beach Harbor). There, four man- Production facilities located over water other hand, all coastal structures in made islands have been constructed exist in generally two types of Cook Inlet, Alaska are deep water multi- solely for the purpose of oil and gas configurations: (1) Individual deep well platforms, all accessible only by extraction. water multi-well platforms or; (2) water (or air) transportation. central facilities supported on barges or Depending on operational preference Roughly one third of all the coastal oil wooden or concrete pilings that service or regulatory requirements, many of the and gas production activity exists in multiple satellite wells in shallow coastal production facilities do not Alaska. Deep water platforms exist in water. Production facilities on land may discharge produced water and thus, the northern part of Cook Inlet. In service satellite wells in any would not incur costs due to this addition, operations resembling onshore combination of locations. The type of rulemaking. activities (as opposed to deep water configuration is an important factor platforms) are located on the tundra when examining costs of installing B. Location wetlands of Alaska’s North Slope. pollution control equipment. Coastal oil and gas activities are C. Activity Multi-well platforms, such as those located on water bodies inland of the found in the Gulf of Mexico offshore inner boundary of the territorial seas. Table 2 summarizes the number of region, are not commonly found in the These water bodies include inland producing wells and annual drilling coastal region of the Gulf of Mexico. lakes, bays and sounds, as well as activities for the coastal subcategory and Based on an earlier mapping effort of all saline, brackish, and freshwater wetland the number of producing facilities that oil and gas wells, EPA determined that areas. Although the definition includes would incur costs (those still there are only four structures owned water bodies even in all inland U.S. discharging after the projected final date and operated by four different operators states, EPA knows of no existing of July 1996) due to this rulemaking, by in the coastal Gulf of Mexico region that operations other than those in certain geographic locations. TABLE 2.ÐPROFILE OF COASTAL OIL AND GAS INDUSTRY Number of pro- Number Number Number duction of opera- of pro- of pro- facilities Annual tors that Coastal location Region ducing duction that drilling would wells facilities would activity incur (1992) (1992) incur costs costs under this under this rule rule Gulf of Mexico ...... TX & LA ...... 4675 853 216 686 122 AL, FL ...... 56 ND 1 0 7 0 Alaska ...... Cook Inlet ...... 237 8 8 8 5 North Slope ...... 2085 12 0 161 0 California ...... Long Beach Harbor ...... 586 4 0 7 0 Total ...... 7639 877 224 869 127 1 Not determined. Eight hundred and seventy seven Texas (TX), saline and brackish coastal (AL), Florida (FL), the North Slope, and (877) production facilities listed in waters of Louisiana (LA), and the Cook California do not discharge treated Table 1 are currently discharging Inlet of Alaska. All coastal production produced water, but rather inject it produced water in the coastal areas of facilities in Mississippi (MS), Alabama either for disposal or for waterflooding. 9436 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules There are no discharges of drilling sanitary wastes, domestic wastes, Louisiana and Texas were proposed in fluids and cuttings from coastal produced sand, and well treatment, 1990 and a final permits published on operators except for those in Cook Inlet. completion, and workover fluids are September 21, 1993 (58 FR 49126). The volumes and locations of discharges often classified under the term Region VI proposed general production are discussed in more detail in Section miscellaneous wastes. permits on December 22, 1992 (57 FR VI. By July 1996, the scheduled date for A summary of the sources and 60926), and final permits on January 9, promulgation of this rule, EPA estimates characteristics of each of these wastes is 1995 (60 FR 2387). that there will be 216 facilities operated presented in Section VI of this notice. EPA’s Region X issued a BPT and BPJ by 122 operators discharging produced Detailed discussions of the origins and general NPDES permit for oil and gas water. This is based on data obtained characteristics of the waste water operations in the Upper Cook Inlet. directly from industry, the 1993 Coastal effluents from exploration, However, although expired, conditions Oil and Gas Questionnaire, and state development, and production are of this general permit are still fully permit records. included in the Coastal Technical effective and enforceable until the Development Document. EPA has D. Waste Streams permit is reissued. Region X is currently primarily focused data gathering efforts in the process of reissuing the BPT and The primary wastewater sources from and data analyses on drilling fluids, BPJ/BAT general permit for this area the exploration and development phases drill cuttings, and produced water due with proposal expected in early 1995. In of the coastal oil and gas extraction to their volumes and potential toxicity. addition to the general permit, the industry include the following: Information on the other waste streams Region issued an individual permit • Drilling fluids. discussed above is more limited. Their • regulating discharges from exploratory Drill cuttings. volumes are generally smaller, and in drilling operations in Upper Cook Inlet • Sanitary wastes. most cases are either infrequently • in May 1993. The individual permit was Deck drainage. discharged or are commingled with the also based on BPT and BPJ/BAT. • Domestic wastes. major waste streams. However, EPA has The primary wastewater sources from determined that it is appropriate to The State of Alabama, which has been the production phase of the industry propose regulations for these wastes as authorized to administer the NPDES include the following: well. program, has also issued a final NPDES • Produced water. general permit covering facilities in • Produced sand. E. Current NPDES Permits state waters, including offshore and • Well treatment, workover, and Discharges from coastal oil and gas coastal facilities (including Mobile Bay). # completion fluids. operations in the Gulf of Mexico, (Permit ALG280000, May 25, 1994). • Deck drainage. California, and Alaska are regulated by This permit specifically prohibits the • Domestic wastes. general and individual NPDES permits discharge of drilling fluids and cuttings, • Sanitary wastes. based on BPT, State Water Quality and produced water. The permit also Drilling fluids and drill cuttings are Standards, and on Best Professional does not allow the discharge of the most significant waste streams from Judgment (BPJ) of BCT and BAT levels produced sands or treatment, workover exploratory and development operations of control. Table 3 lists the requirements and completion fluids. in terms of volume and pollutants. in these permits. Regional permit requirements are Produced water is the largest waste EPA’s Region VI has developed based on other factors, in addition to stream from production activities in general NPDES permits for each phase technology pollutant removal terms of volumes of discharged and of oil and gas operations (drilling and performance, including water quality quantity of pollutants. Deck drainage, production). The drilling permits for criteria. TABLE 3.ÐNPDES PERMIT REQUIREMENTS 1 [Regional Permit Requirements] Region VI Region X (Cl 1986 BPT per- Region X exploration permit Region VI final production Region IV permit Wastestream mit) (1993) drilling permit permit (final) (1994) (1993) (1995) Produced Water ...... Monitor daily flow rate Oil & Not applicable ...... Covered in Pro- No Discharge No Discharge. Grease: Phillips A Platform duction Permit. 20 mg/l daily max 15 mg/l mo. ave. Other facilities: 48/ 72 mg/l pH=6-9. Produced Sand ...... No free oil (Static Sheen) ...... Not applicable ...... Not applicable ..... No Discharge No Discharge. Drilling Fluids and (1) Toxicity: Discharge only (1) Flowrate = 750 bbl/hr ...... No Discharge ...... Not applica- No Discharge. Cuttings. approved generic muds. ble. (2) No free oil- static sheen ... (2) Use authorized muds only. (3) No discharge oil-based (3) Toxicity: 30,000 ppm in muds. SPP. (4) 10 percent oil content for (4) No free oil. cuttings. (5) No diesel oil ...... (5) No discharge of oil-based fluids. (6) 1/3 mg/kg Hg/Cd in dry (6) 5 percent (wt) oil content barite. in cuttings. (7) Flow rate ...... (7) No discharge of diesel oil. >40m = 1000 bbl/hr ...... (8) 1 mg/kg Hg and 3 mg/kg Cd in stock barite. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9437 TABLE 3.ÐNPDES PERMIT REQUIREMENTS 1ÐContinued [Regional Permit Requirements] Region VI Region X (Cl 1986 BPT per- Region X exploration permit Region VI final production Region IV permit Wastestream mit) (1993) drilling permit permit (final) (1994) (1993) (1995) >20-40m = 750 bbl/hr. >5-20m = 500 bbl/hr. <5m = No discharge. ``Dewatering Efflu- Not separately regulated ...... Not separately regulated No free oil ...... Not applica- Not separately ent''. ble. regulated. 50 mg/l TSS. 125 mg/l COD pH = 6-9. 500 mg/l chlorides. 0.5 mg/l total Cr. 5.0 mg/l Zn Mon- itor volume. Treatment, Comple- No free oil (Static Sheen) ...... No discharge of free oil or oil- Freshwater: No Not applica- No Discharge. tion, Workover No oil-based fluids ...... based fluids. discharge. ble. Fluids. pH = 6-9 ...... Monitor frequency of dis- Saline water: No Oil and grease limits apply to charge and volume pH = toxics, No free combined discharge of any 6.5±8.5. oil (visual TWC commingled with pro- Oil & grease = 72 daily max. sheen), pH = 6- duced water ...... & 48 mo. avg ...... 9 Domestic Wastes .... No free oil (No visible sheen) . Monitor flow rate ...... No discharge of Not applica- Flow = 10,000 solids (``gar- ble. gpd max. bage''). No Floating solids ...... No free oil (No visible sheen) . BOD5 = 45 mg/l daily max. Monitor flow rate ...... No floating solids ...... = 30 mg/l No visible foam ...... (mo. aver.) TSS = 45 mg/l daily max. = 30 mg/l (mo. aver.) Total residual chlorine = 1.0 mg/l (daily min) maintained as close to this value as pos- sible. No Floating Sol- ids. Deck Drainage ...... No free oil (Visual Sheen) Monitor flow rate (mo. avg.) No free oil (visual Not applica- Monitor daily flow Monitor flow rate (mo. ave.). No free oil (visual sheen). sheen) Monitor ble. No free oil (visual volume. sheen) Sanitary Wastes ...... No floating solids ...... No free oil (No visible sheen) . No floating solids Not applica- Flow = 10,000 ble. gpd max. As close as possible to, but No floating solids ...... BOD = 45 mg/l .... BOD5 = 45 mg/l no less than 1.0 mg/l. daily max. BOD & SS 2 ...... No visible foam ...... TSS = 45 mg/l = 30 mg/l (mo. fecal coliforms aver.) = 200/100 mls TSS = 45 mg/l Monitor flow. daily max. = 30 mg/l (mo. aver.) Total residual chlorine = 1.0 mg/l (daily min) maintained as close to this value as pos- sible. No Floating Sol- ids. 24 hr = 60 mg/l ...... As close as possible but no less than 1 mg/l. 7 day = 45 mg/l ...... BOD: 30 day=30 mg/l. 9438 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules TABLE 3.ÐNPDES PERMIT REQUIREMENTS 1ÐContinued [Regional Permit Requirements] Region VI Region X (Cl 1986 BPT per- Region X exploration permit Region VI final production Region IV permit Wastestream mit) (1993) drilling permit permit (final) (1994) (1993) (1995) 30 day = 30 mg/l ...... 24 hr = 60 mg/l ...... TSS: 30 day = TSS intake + 30 mg/l. 24 hr = TSS intake + 60 mg/l ...... 1 For a complete presentation of the effluent limitations and their bases in the permits see the following: Region X Proposed General Permit for Cook Inlet: 50 FR 28974, 7/17/85, Region X Final Permit for Cook Inlet: 51 FR 35460, 10/3/86, Region VI Final General Permit for Drilling Oper- ations: 58 FR 49126, 9/21/93, Region VI Proposed General Permit for Production Operations: 57 FR 60926, 12/22/92. The Region X Exploration Permit and the Region IV Permit are in the record for this rulemaking. 2 Limits apply only to discharges to state waters and separately for BOD and SS. V. Summary of Data Gathering Efforts • Produced water characteristics for C. Investigation of Solids Control Cook Inlet. Technologies for Drilling Fluids The major studies presenting • information on coastal oil and gas Produced water characteristics for In 1993, EPA collected samples and effluents and treatment technologies effluent from improved gas flotation. gathered technical data at three drilling which have bearing on this proposed • Drilling fluids and cuttings waste operations in the coastal region of rule are summarized in this section. characteristics. Louisiana. The purpose of this effort was to gather operating and cost These investigations include: • Deck drainage characteristics. information regarding closed-loop solids underground injection of produced • water and associated produced water Domestic waste characteristics. control technology (See description of treatment technologies; solids control • Sanitary waste characteristics. this technology in Section VI.A) at active oil and gas well drilling technologies for drilling fluids; drilling • Some non-water quality operations. Two of the sites were fluids and drill cuttings waste environmental impacts. drilling using land-based rigs, and the generation, treatment, and disposal in other operation was located in an inland coastal Alaska; and commercial non- B. 1993 Coastal Oil and Gas bay and used a posted barge rig. One hazardous oil and gas waste disposal Questionnaire operator was a large independent, the facilities and technologies. In addition, other 2 were majors.1 EPA sent a CWA section 308 A comprehensive questionnaire Technical and cost information was Questionnaire to the industry to gather entitled the ‘‘1993 Coastal Oil and Gas 308 Questionnaire’’ was developed collected on the following topics: information characterizing coastal oil • Drilling waste volumes and and gas pollution control technology under the authority of section 308 of the CWA. EPA distributed this disposal methods. and the costs of such technologies. The • questionnaire to all known coastal oil Solids control equipment design questionnaire and results are described and performance. below. and gas operators. The Questionnaire • requested information on oil and gas Drilling fluids. • Well design and construction. A. Information Used From the Offshore waste generated, their treatment and • Guidelines Drilling operations. disposal methods and costs for waste • Annular injection. treatment and disposal. The • Due to certain similarities in the Miscellaneous waste volumes and questionnaire also requested technologies employed and wastes disposal methods. information regarding the financial generated by the offshore and coastal EPA used the results of this profile of each operator surveyed. subcategories of the oil and gas investigation to determine methods and industry, certain data generated during Upon their return, EPA reviewed the costs of drilling waste disposal, as well the Offshore Guidelines development questionnaires for completeness and as miscellaneous waste volumes, and effort have been utilized in the technical content and then transcribed their treatment and disposal. development of this proposed rule the responses into a computer readable D. Sampling Visits to 10 Gulf of Mexico where appropriate. Those data most format using double key-entry Coastal Production Facilities procedures. EPA prepared statistical influential in the development of this EPA visited ten coastal oil and gas estimates in order to extrapolate the proposed rule, listed below, are production facilities located in Texas summarized both in the Coastal results from the sampled wells and Technical Development Document and facilities to the entire coastal industry. 1 The term ‘‘major’’ oil and gas company is used described in more detail in the EPA used the individual data and the here to differentiate it from smaller operators in the Development Document for the Effluent statistical reports to determine waste industry. Major oil and gas companies are Limitations Guidelines and New Source volumes, treatment and disposal characterized by a high degree of vertical Performance Standards for the Offshore methods and costs of treatment and integration, i.e., their activities encompass both ‘‘upstream’’ activities—oil exploration, Subcategory of the Oil and Gas disposal methods. EPA also used the development, and production and ‘‘downstream’’ Extraction Point Source Category, survey results to estimate future activities—transportation, refining, and marketing. (hereafter referred to as the Offshore industrial activity. The statistical As a group the majors generally produce more oil Technical Development Document), analysis of the questionnaire data is and gas, earn significantly more revenue and income, have considerably larger assets, and have Sections V and XVIII (EPA, January included in the record for this greater financial resources than the independent 1993). rulemaking. operators. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9439 and Louisiana to gather operating and • Injection well design and operation. disposal and other operating costs as cost information regarding produced • Production data. well as to collect samples of produced water injection and to collect samples of The results from this study, together water, filter solids, used filters and tank produced water and miscellaneous with data from the EPA 1993 Coastal Oil bottoms solids for radioactivity analysis. wastes. Samples were analyzed for a and Gas Questionnaire and state permit Both facilities utilized sedimentation variety of analytes in the categories of data, discussed below, formed the basis and filtration as treatment processes for organic chemicals, metals, conventional for EPA’s produced water treatment and produced water followed by and non-conventional pollutants, and disposal cost analyses discussed later in underground injection. The technical radionuclides. Sampling at each site Section VI.B. The analytical data was information gathered at these sites was was conducted for one day over a span used to characterize produced water used in developing compliance costs of eight hours. Technical and cost data effluent characteristics from BPT and the non-water quality impacts for were collected in addition to the treatment systems. the various regulatory options under production waste samples. E. State Discharge Monitoring Reports consideration. The results of the EPA was careful, in its selection of radioactivity analyses were used in an Gulf Coast sites, to visit facilities that (1) EPA obtained detailed information on evaluation of radioactivity produced water discharges from state were located in both Texas and concentrations in oil and gas wastes. discharge permits for operators in Texas Louisiana, (2) were located in different and Louisiana. The Louisiana G. Evaluation of NORM in Produced wetland situations (wetlands, or inland Department of Environmental Quality Waters bays), and (3) that ranged in operator (LADEQ) and the Texas Railroad size (major to small independent). Nine EPA reviewed all known data Commission (TRC) supplied EPA with of the ten facilities visited utilized regarding the presence of naturally state permits for all known dischargers injection wells for produced water occurring radioactive materials (NORM) in the coastal areas. The state permit disposal and one utilized surface found in discharge of produced water information identifies the operator, the discharge. and associated with scales and sludges name of the producing field, the A focus of this site visit program was on oil and gas production equipment. location of the production facility, the EPA summarized produced water to investigate the technologies used to volume of produced water discharged, radioactivity data from 22 available treat produced waters prior to injection. the location and permit number of the studies focusing on data from coastal Several of the facilities employed outfall, and in Louisiana only, the sites. Each of these 22 studies was cartridge filtration subsequent to BPT compliance date by which the discharge summarized according to the location of treatment (gravity separation sometimes must cease. From these data, EPA the sites, sampling plans, and analytical assisted by heat or chemicals). estimated that 216 production facilities methods used to measure the Aqueous samples were collected from in both the Texas and Louisiana coastal radionuclides. This information was settling tank effluent at all ten facilities, region will be discharging after July used in characterizing NORM in as well as the influent (settling effluent) 1996 (the projected date of issuance of produced water discharges in the Gulf and effluent of all four filtration this regulation). The list of these Coast. systems. Samples were analyzed for the facilities is presented in the record for following analytes: H. Alaska Operation the rulemaking. From this list EPA —TSS estimated costs of produced water In August 1993, EPA embarked on a —Oil and Grease treatment and disposal on a per facility fact-finding mission regarding drilling —Volatile Organics basis. and production operations and practices —Semi-volatile Organics in both regions of Alaska, Cook Inlet —Metals F. Commercial Disposal Operations and the North Slope. Information and —Conventional Parameters In May 1992, EPA visited two non data were obtained by direct visits to —Non-conventional Parameters hazardous oil and gas waste land these areas, and by contacting the —Radionuclides treatment facilities and two waste Alaska Oil and Gas Association Cartridge filters were also collected at transfer stations in Louisiana. The (AOGA), state regulatory authorities, all the facilities that utilized them, and purpose of these visits was to and individual operators. In addition, were analyzed for radionuclides investigate the transportation, handling, AOGA and individual operators concentrations. Samples of produced disposal methods employed and submitted to EPA information on sands were also collected where associated costs of these operations. projects and technologies currently available and analyzed for the same Detailed information was gathered being developed and used in Cook Inlet pollutants as for produced water. concerning the operation of the and on the North Slope to dispose of In addition to the sampling activities, landfarm treatment process used for the drilling and production wastes, and the technical and cost information was disposal of non-hazardous oil field costs associated with these projects. collected on the following topics: wastes, transportation equipment, Specific operating and cost information • Separator and treatment system transfer equipment, equipment fuel was obtained on zero discharge technologies and configuration. requirements and costs incurred by the technologies including grinding and • Equipment space requirements. facilities and costs charged to the injection systems for drilling fluids and • Support structures. customers. The information was used in drill cuttings as well as produced water • Miscellaneous waste volumes the development of compliance costs injection. EPA used the information treatment and disposal methods. and the non-water quality obtained during this data gathering • Produced water volumes and environmental impacts for the various effort to estimate costs of treatment and disposal methods. regulatory options under consideration. control options for Alaska coastal • Energy requirements. In March 1992, EPA visited two facilities. • Injection well remedial work commercial produced water injection In March 1994, Cook Inlet Alaska oil requirements. facilities in Louisiana. The purpose of and gas operators submitted to EPA • Ancillary equipment requirements the visits was to collect information information on drilling waste disposal (besides the injection well) for injection. regarding costs of produced water alternatives and their costs and on 9440 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules projected drilling schedules. Three determined. The ‘‘96-hour LC–50’’ is delineation is in the form of latitude and alternatives were evaluated by the defined as the lethal concentration of a longitude coordinates covering that part operators in terms of technological toxicant that will kill 50 percent of the of the inner boundary of the Territorial achievability and costs: discharge to test organisms after a 96-hour exposure. Seas along Alaska’s North Slope and Cook Inlet surface water, land-based Thus, the lower the LC–50 value, the Cook Inlet, Texas, Louisiana, Alabama disposal, and disposal by injection. EPA higher the relative toxicity. and Southern California. Much of this considered this information during its boundary has been delineated on J. California Operations development of regulatory options and nautical charts published by the estimation of costs for disposal of EPA visited coastal oil and gas National Ocean Service of the National drilling wastes in Cook Inlet. These operations in Long Beach Harbor, Oceanic and Atmospheric same Cook Inlet operators also California in February 1992. The visit Administration (NOAA). In some submitted to EPA information on the was to one of the four man-made islands locations however, this boundary has technological and economic feasibility that have been constructed in the not previously been delineated by of zero discharge of produced water Harbor for the purpose of oil and gas NOAA, and EPA completed the from the largest shore-based production extraction. The facilities on these coordinates using established facility in the Inlet. This information islands are operated by THUMS, a procedures described in the Convention presented the costs and technological consortium of five oil and gas operating of the Territorial Seas and the achievability for three produced water companies (Texaco, Humble (now Contiguous Zone, Articles 3–13. The injection alternatives including (1) Exxon), Union, Mobil and Shell). EPA digital coordinates of the inner Treatment and injection at the met with state regulatory officials and boundary of the Territorial Seas, for the platforms, (2) treatment at onshore was given a tour of one of the islands above mentioned locations and a treatment facilities (for some platform by THUMS personnel. Both drilling and description of its derivation is included operations) and onshore injection, and production were occurring at the time of in the record for this rule. This digital (3) treatment at onshore treatment the visit. boundary assisted EPA in its facilities and injection back at the Information regarding waste determination of the number of wells platforms. EPA considered this generation, treatment, disposal, and and production facilities that exist in information during its development of costs were obtained during the visit. No this subcategory. zero discharge option for produced discharges are occurring from the VI. Development of Effluent Limitations water and cost estimations in Cook THUMS operations. The information Guidelines and Standards Inlet. provided EPA with specific waste disposal technology and cost A. Drilling Fluids and Drill Cuttings I. Region X Drilling Fluid Toxicity Data information which has, where (Drilling Wastes) Study appropriate, been incorporated into cost EPA evaluated a summary data base analyses, and enabled EPA to 1. Waste Characterization containing Region X permit compliance characterize California coastal oil and Drilling fluid and cuttings discharges monitoring information including gas operations. are typically generated in bulk form and toxicity measurements of drilling fluids occur intermittently during well drilling used in Alaska. The database contains K. OSW Sampling Program and at the end of the drilling phase. 161 records of 96-hour LC50 data from EPA’s Office of Solid Waste There are currently no drilling fluids coastal and offshore oil and gas wells in conducted a sampling program on and cuttings discharges in any coastal Alaska from 1985 to 1994. Drilling fluid associated oil and gas wastes in 1992. area except Cook Inlet. In Cook Inlet, toxicity levels were characterized for As part of this effort, samples were operators do not currently practice zero Alaska drilling activities, and obtained for completion, workover, and discharge, except for a small volume of particularly for activities in Cook Inlet. treatment fluids. The parameters drilling fluids and cuttings wastes This data indicated that drilling fluids analyzed for were the same as those for (approximately one percent) which are and cuttings being discharged in Cook produced water samples listed not discharged because they do not meet Inlet may be able to meet a toxicity previously in Section V.D. EPA has used current permit limits. Generally, drilling limitation of between 100,000 ppm this data base to characterize the fluids and cuttings volumes average (SPP) and 1,000,000 ppm (SPP). discharges of these fluids. Seven approximately 14,000 barrels (bbl) per EPA measures toxicity using a samples of treatment, workover and new well drilled in Cook Inlet. (NOTE: standard bioassay test known as the completion fluids were collected from The barrel is a standard oil and gas ‘‘Drilling Fluids Toxicity Test’’ (See 40 operations in Texas, New Mexico and measurement and is equal in volume to CFR 435 Subpart A, Appendix 2). Under Oklahoma. The samples were analyzed 42 gallons). Based on industry this test, the species mysidopsis bahia is for conventional, nonconventional and projections given to EPA, an average of exposed to different concentrations of priority pollutants. 79,000 bbls drilling fluids and cuttings the drilling fluids and cuttings for a set are generated each year (bpy) in the time, 96 hours. An LC–50 toxicity test L. Estimation of the Inner Boundary of Inlet. Significant pollutants in these is performed by mixing a solution of the Territorial Seas wastes include chromium, copper, lead, seawater and drilling fluids and As part of the Coastal Guidelines nickel, selenium, silver, beryllium and cuttings, allowing the solution to settle development effort, EPA specifically arsenic among the toxic metals. Toxic for one hour, decanting the liquid off delineated the seaward boundary of the organics present include naphthalene, from the settled solids, and then adding coastal subcategory (which is the inner fluorene, and phenanthrene. to the decant, or suspended particulate boundary of the Territorial Seas). The TSS makes up the bulk of the phase (SPP), the test organisms and purpose of this effort was to define an pollutant loadings, part of which is determining the number of organisms area in order to estimate the number of comprised of the toxic pollutants. TSS alive after 96 hours. Then, by observing coastal wells and production facilities concentrations are very high due to the mortality rates and by calculation, the operating in that area. The purpose was nature of the wastes. And because its concentration required to kill 50 percent not to determine a well’s subcategory for TSS concentration is so high, discharges of the test animals in 96 hours is regulatory permit writers. This of drilling fluids and cuttings can cause Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9441 reduced light penetration resulting in either recycled, or sent with other Prohibiting the discharge of diesel oil decreased sea life primary productivity, drilling wastes to commercial disposal. and free oil eliminates discharges of the fish kills or reduced growth rate, Operators at these facilities explained above-listed constituents, to the extent interference in development of fish eggs that it is less expensive to send this that these constituents are present in and larvae, modifications of fish wastestream along with drilling fluids either of these two parameters, and movement and migration, and reduction and drill cuttings for onshore disposal reduces the level of oil and grease of the abundance of food available to rather than to treat for discharge. present in the discharged drilling fluids fish. Benthic smothering from settleable and cuttings. Also under this alternative materials results in potential damage to 2. Selection of Pollutant Parameters option, limitations on cadmium and invertebrate populations and potential a. Pollutants Regulated mercury content in barite would control alterations in spawning grounds and In the coastal subcategory, EPA is toxic and nonconventional pollutants in feeding habitats. proposing to establish BAT, NSPS, and drilling fluids and cuttings discharges. Operators use solids control pretreatment standards that would This limitation would indirectly control equipment to remove drill cuttings from require zero discharge of drilling fluids the levels of toxic pollutant metals the drilling fluid systems which allows and drill cuttings. Where zero discharge because cleaner barite that meets the drilling fluids to be recycled and is required, EPA would be controlling mercury and cadmium limits is also reduces the total amount of drilling all pollutants in the wastestream. likely to have reduced concentrations of wastes generated. Depending on the EPA is also considering an alternative other metals. Evaluation of the drilling solids control system and the BAT limit applicable only to Cook Inlet, relationship between cadmium and method of waste storage and disposal that in addition to the BPT requirement mercury and the trace metals in barite onsite, a small wastestream, termed prohibiting the discharge of free oil, shows a correlation between the ‘‘dewatering effluent’’ may be segregated would also prohibit the discharge of concentration of mercury with the from the drilling fluids and cuttings. diesel oil and limit toxicity and specify concentration of arsenic, chromium, Dewatering effluent may be discharged the cadmium and mercury content in copper, lead, molybdenum, sodium, tin, from reserve pits or tanks which store stock barite. As presented in Section VI titanium and zinc (See the Offshore drilling wastes for reuse or disposal. of the Offshore Technical Development Technical Development Document in Dewatering effluent may also be Document, the prohibitions on the Section VI). generated in enhanced solids control discharge of free oil and diesel oil Toxicity of drilling fluids and cuttings systems. Enhanced solids control would effectively remove toxic, is being regulated as a nonconventional systems, also known as closed-loop nonconventional, and conventional pollutant that controls certain toxic and nonconventional pollutants. It has been solids control operations, remove solids pollutants. Diesel oil and free oil are from the drilling fluid at greater shown, during EPA’s development of considered, under BAT and NSPS, to be efficiencies than conventional solids the Offshore Guidelines, that control of ‘‘indicators’’ for the control of specific removal systems. Increased solids toxicity encourages the use of less toxic, toxic pollutants present in the complex removal efficiency minimizes the water-based drilling fluids, and where hydrocarbon mixtures used in drilling buildup of drilled solids in the drilling absolutely necessary, the use of less fluid systems. These pollutants include fluid system, and allows a greater mineral oil added to a drilling fluid (and benzene, toluene, ethylbenzene, percentage of drilling fluid to be the pollutants, such as the PAH’s, naphthalene, phenanthrene, and recycled. Smaller volumes of new or identified as constituents of mineral phenol. Additionally, diesel oil may freshly made fluids are required as a oil). A toxicity limitation would thus contain from 20 to 60 percent by volume result. An added benefit of the closed- encourage the use of the lowest toxicity loop technology is that the amount of polynuclear aromatic hydrocarbons drilling fluids and the use of low- waste drilling fluids can be significantly (PAH’s) which constitute the more toxic toxicity drilling fluid additives. reduced. The installation of reserve pits components of petroleum products. b. Pollutants Not Regulated. is unnecessary in closed-loop systems Control of diesel oil would also result Where zero discharge would be for this reason. Dewatering effluent is in the control of nonconventional required, all pollutants would be generated in the process of drilling pollutants under BAT and NSPS. Diesel controlled in drilling fluids and cuttings fluids solids removal and can either be oil contains a number of discharges. Where discharges with reused (it often contains expensive nonconventional pollutants, including limitations would be required, reusable chemicals), or disposed of. PAHs such as methylnaphthalene, (specifically if EPA selected the EPA’s general permit for drilling methylphenanthrene, and other alternative BAT option in Cook Inlet), operations for TX and LA included alkylated forms of the listed organic EPA has determined that it is not limitations for the discharge of priority pollutants. technically feasible to specifically dewatering effluent (See Section VI.E). EPA is proposing to establish BCT control each of the toxic constituents of However, the 1993 Coastal Oil and Gas limitations for drill fluids and drill drilling fluids and cuttings that are Questionnaire results show that few cuttings that would prohibit discharge controlled by the limits on the operators discharge dewatering effluent of free oil (using the static sheen test) for pollutants proposed for regulation. as a separate wastestream. Additionally, Cook Inlet, and would require zero EPA has determined that certain of contacts with industry indicate that the discharge everywhere else. The the toxic and nonconventional volume of dewatering effluent from prohibition on the discharge of free oil pollutants are not controlled by the reserve pits is small if nonexistent as the (in addition to the zero discharge limitations on diesel oil, free oil, use of pits is phasing out due to state requirement) would effectively reduce toxicity, and mercury and cadmium in permit conditions, environmental or or eliminate the oil and grease in these stock barite. EPA exercised its land owner concern, or the expanding discharges. EPA is limiting free oil discretion not to regulate these use of closed-loop systems. EPA site under BCT as a surrogate for oil and pollutants because EPA did not detect visits to drilling operations, where these grease in recognition of the complex these pollutants in more than a very few closed-loop systems were in place, nature of the oils present in drilling of the samples from EPA’s field showed that none of the dewatering fluids, including crude oil from the sampling program and does not believe effluent was discharged. Instead, it is formation being drilled. them to be found throughout the 9442 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules industry; the pollutants when found are VIII for a detailed discussion of each of requirement as described later in present in trace amounts not likely to these waste minimization techniques. Section VI.A. cause toxic effects; and due to the large b. Additional Technologies No on-land oil and gas waste disposal number and variation in additives or Considered. facilities are available in Alaska to the specialty chemicals that are only used EPA has evaluated an additional other three Cook Inlet operators who intermittently and at a wide variety of method for drilling fluid and cuttings plan to drill after promulgation of this drilling locations, it is not feasible to set control and treatment in order to rule. EPA investigated the possibility of limitations on specific compounds achieve zero discharge: namely, disposing of drilling wastes at an on- contained in additives or specialty grinding and injection of drilling land oil and gas waste disposal site chemicals. wastes. This process involves the available to Cook Inlet operators located grinding of the drilling fluids and drill in Idaho. EPA determined that, while it 3. Control and Treatment Technologies cuttings into a slurry that can be is generally more economical to dispose a. Current Practice. injected into a dedicated disposal well. of drill wastes via grinding and BPT effluent limitations guidelines for The grinding system consists of a injection, in the case of smaller volumes coastal drilling fluids and drill cuttings vibrating ball mill which pulverizes the of drilling wastes, it would be more cost prohibit the discharge of free oil (using cuttings and creates an injectable slurry. effective to dispose of the wastes by the visual sheen test). However, because Recent information has shown that this shipping them to the Idaho disposal of either EPA general permits, state comparatively contemporary technology facility. requirements, or operational preference, has been successfully demonstrated on Land disposal of oil and gas wastes is no drilling fluids and cuttings the North Slope for drilling waste also available to Cook Inlet operators at discharges are occurring in the North disposal, and is being introduced both a disposal facility located in Oregon. Slope, the Gulf coast states, or in the Gulf Coast coastal areas as well EPA performed its costing of land California. The only coastal operators as in Cook Inlet. EPA, therefore believes disposal assuming the use of the Idaho discharging drilling fluids and cuttings that this technology is available to facility (see discussion of costs later in are located in Cook Inlet. In Cook Inlet, coastal operators. this section). EPA expects that costs to neither diesel nor mineral-oil-based In addition to grinding and injection, dispose of the wastes at the Oregon drilling fluids or resultant cuttings may EPA has also investigated the feasibility facility would be close to or less than be discharged to surface waters because of onshore disposal of this wastestream. costs using the Idaho facility because they have been shown to cause a visible For the coastal subcategory drilling transportation of wastes to the Oregon sheen upon the receiving waters. activities, in areas other than Cook Inlet, facility would utilize barging to a greater Compliance with the BPT limitations current permits or practice (in the case extent, making overall transportation may be achieved either by product of the North Slope) require zero costs less. substitution (substituting a water-based discharge of drilling fluids and cuttings. The results of this investigation show fluid for an oil-based fluid), recycle and/ On-land disposal sites located in Alaska that the volume of drilling fluids and or reuse of the drilling fluid, or by are available in these areas and are drill cuttings wastes generated in Cook onshore disposal of the drilling fluids being utilized to comply with the zero Inlet can be either disposed of on-land and cuttings at an approved facility. discharge requirement. On-land or by grinding and injection. However, NPDES permits issued by EPA for disposal sites are also available to two during the previous Offshore Guidelines Cook Inlet drilling operations have also out of the five Cook Inlet operators. rulemaking affecting Alaska offshore included BAT limitations based on These two operators jointly operate an drilling operations, and early in the data ‘‘best professional judgement’’ (BPJ). oil and gas landfill disposal site on the gathering stages of this proposed rule, The permit requirements allow west side of the Inlet. Using projected operators raised concerns that discharges of drilling fluids and drill drilling schedules provided by industry, compliance with zero discharge could cuttings provided certain limitations are EPA estimated that these two operators significantly interfere with drilling met including a prohibition on the would generate approximately 76 operations. EPA does not have sufficient discharges of free oil and diesel oil, as percent of the drilling wastes produced information supporting these concerns, well as limitations on mercury, by the Cook Inlet operators over the next and solicits comments on these issues. cadmium, toxicity and oil content. (See seven years following the scheduled Therefore, for this proposal, EPA is Section IV.E for a summary of the 1996 promulgation of this rule. EPA has also considering options which would permits). Operators may employ any determined that there is sufficient on- allow the discharge of the drilling fluids number of the following waste land disposal capacity to accept all of and drill cuttings in Cook Inlet management practices to meet those the drilling fluids and cuttings providing they were to meet certain permit limitations: generated by these two operators at this limitations. These limitations would * Product substitution—to meet disposal facility. prohibit the discharge of diesel oil and prohibitions on free oil and diesel oil EPA investigated the logistical free oil using the static sheen test, limit discharges, as well as the toxicity and/ difficulties of storing and transporting cadmium and mercury in the stock or clean barite limitations, drilling wastes in the Cook Inlet, due to barite used in fluid compositions and * Onshore treatment and/or disposal the extensive tidal fluctuations, strong toxicity at either 30,000 ppm (SPP) or a of drilling fluids and drill cuttings that currents, and ice formation during more stringent toxicity in range of do not meet the toxicity or clean barite winter months. While these 100,000 ppm (SPP) to 1 million ppm limitations, climatological and tidal situations may (SPP). Drilling fluids and drill cuttings * Waste minimization—enhanced cause complications, EPA has not meeting these limitations would not solids control to reduce the overall determined that they do not pose be allowed to be discharged, and volume of drilling fluids and drill insurmountable technical barriers. EPA therefore, would have to be injected or cuttings, and has taken into consideration sent to shore for disposal. EPA would * Conservation and recycling/reuse of supplementary costs incurred by base the more stringent toxicity drilling fluids. additional winter transportation and limitations (based on further evaluation Refer to the Coastal Technical storage of drilling wastes in its cost as discussed below), in part, on the Development Document, Sections VII- evaluation of the zero discharge volume of drilling wastes it determines Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9443 could be injected or disposed of onshore 96-hour bioassay results so as the values to meet a limitation between 100,000 without interfering with ongoing cited above increase, toxicity decreases). ppm (SPP) and 1 million ppm (SPP). drilling operations. These evaluations utilized an Option 3: Zero Discharge for all areas. Prior to, and during the offshore available database obtained from EPA’s As discussed later in this section, all rulemaking, EPA conducted bioassay Region 10, which provides an account of the above options are being co- tests on eight generic mud types of the relationship between toxicity and proposed. (encompassing virtually all water-based drilling fluids currently being Option 1 would require zero muds, exclusive of specialty additives, discharged. The toxicity values are discharge of drilling fluids and cuttings primarily used on the outer continental identified in the available database by for all coastal drilling operations except shelf), and, EPA established a toxicity operator, permit number, well name, those located in Cook Inlet. Allowable limitation of 30,000 ppm (SPP). Even in date and base fluids system (mud). In discharge limitations for drilling fluids offshore Alaska, drilling was not addition, some of the values are related and cuttings in Cook Inlet would require evaluated for specific locations, thus to an identified volume of muds compliance with a toxicity value of no technical drilling requirements for discharged. However, many of the less than 30,000 ppm (SPP); no adequate drilling with a focus on small values in the summary do not have discharge of free oil (as determined by localized areas were not considered in either a volume identified or whether the static sheen test); no discharge of setting the limitation for the offshore the drilling fluids were discharged. This diesel oil and 1 mg/kg of mercury and rule. One alternative option for the available database is presently being 3 mg/kg of cadmium in the stock barite. coastal rule would be to set the updated as EPA continues to identify (These are the same limitations as those limitations for Cook Inlet equal to the the volume of drilling wastes having for offshore drilling operations waste offshore limitations for Alaska. been discharged in Cook Inlet related to discharges in the Alaska.) As discussed above, another option specific toxicity test results. EPA solicits Option 2 would require all operators would retain the offshore limitations but any information useful in determining to meet the same zero discharge require a more stringent toxicity an appropriate toxicity limitation that limitation for the drilling fluids and requirement. The toxicity limit would individual Cook Inlet operators have cuttings in all areas except for Cook be based on a relationship between the including data on the specific amounts Inlet. In Cook Inlet, the drilling fluids achievable toxicity of the drilling wastes of drilling wastes generated versus and cuttings discharges would be and the volume of these wastes that discharged and their corresponding required to meet the same limitations as could be disposed of onshore or by toxicity test results. grinding and injection without in Option 1 except that a more stringent interfering with ongoing drilling 4. Options Considered toxicity limitation would be imposed. operations (e.g., some fraction of the EPA has developed three options for Instead of meeting a toxicity limitation volume of wastes generated and covered the control and treatment of drilling of 30,000 ppm (SPP), a toxicity by the zero discharge option). fluids and drill cuttings. As mentioned limitation between 100,000 ppm (SPP) In order to determine the appropriate earlier in this preamble, dewatering and 1 million ppm (SPP) would be met. toxicity level for the more stringent effluent may be a wastestream generated The toxicity limitation range of toxicity option, EPA attempted to separately. However, because it consists between 100,000 ppm (SPP) and one evaluate effluent toxicity test results for of constituents that originate entirely million ppm (SPP) reflects the range of Cook Inlet drilling fluids and cuttings within the drilling fluids and cuttings toxicity measurements resulting from discharges. EPA reviewed permit solids control system, EPA will not be EPA’s evaluation of the current practice compliance monitoring records, from regulating dewatering effluent for drilling in Cook Inlet. As discussed EPA’s Region 10, containing 161 sets of separately. Rather, EPA proposes to previously in this section, an attempt results for toxicity testing of drilling make the drilling fluids and cuttings was made in this evaluation to fluids and drill cuttings used in the options applicable to the dewatering determine the volumes of drilling Alaska offshore and coastal regions effluent wherever this wastestream may wastes being discharged and their between 1985 and 1994. (The measure be generated. respective toxicity levels. Because of the of toxicity is a 96 hour test that The three options considered by EPA lack of identified discharge volumes for estimates the concentration of drilling contain zero discharge for all areas, some of the toxicity test results, this fluids suspended particulate phase except two of the options contain determination could not be completed. (SPP) that is lethal to 50 percent of the allowable discharges for Cook Inlet. One Using the 83 percent of drilling wastes test organisms.) The records were of these options which would allow which reflects the fraction of test results summarized into a database which was discharges meeting a more stringent less toxic than 100,000 ppm (SPP), and evaluated on the basis of the toxicity of toxicity limitation would require an coincidentally also reflects the fraction drilling fluids and drill cuttings used in additional notice for public comment of identified volumes less toxic than one Alaska as a whole and Cook Inlet in since the specific toxicity limitation has million ppm (SPP), costs and discharge particular. After sorting the database to not been determined at this time (as loadings were developed for this option. eliminate inadequate data, such as discussed in this section). The three (The method used to derive this range drilling fluids contaminated by pills and options are: is separate and distinct from the incomplete toxicity tests, 104 sets of Option 1: Zero discharge for all areas statistical methodologies generally used results were retained for all of Alaska, except Cook Inlet where discharge by EPA in effluent guidelines with 59 of these from Cook Inlet. limitations require toxicity of no less regulations to derive 30-day average and Of the Cook Inlet bioassay test results, than 30,000 ppm (SPP), no discharge daily maximum limitations calculated 83 percent were less toxic than 100,000 of free oil and diesel oil and no more from the 95th and 99th percentiles, ppm (SPP); 60 percent were less toxic than 1 mg/1 mercury and 3 mg/1 respectively.) However, due to the above than 500,000 ppm; and one percent cadmium in the stock barite. discussed limitations with the data base, exhibited no toxic effect (i.e., 1 million Option 2: Zero discharge for all areas EPA is currently only able to estimate ppm or greater with less than 50 percent except for Cook Inlet where discharge an achievable toxicity limit in the range mortality of the test organism). (Note limitations would be the same as of 100,000 ppm (SPP) to one million that toxicity is inversely related to the Option 1, except toxicity would be set ppm (SPP). As described earlier under 9444 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules ‘‘Additional Technologies Considered’’ at publicly owned treatment works considered two additional BCT options of this section, EPA is continuing to (POTWs). for control of conventional pollutants in evaluate toxicity test results and BCT limitations for conventional drilling fluids and drill cuttings. Both of volumes and any other data for drilling pollutants that are more stringent than these options would require zero fluids used and discharged in Cook Inlet BPT limitations are appropriate in discharge of drilling fluids and drill in an effort to derive a more specific instances where the cost of such cuttings throughout the subcategory limitation and resulting revisions of limitations meet the following criteria: except in Cook Inlet. Because all costs and loadings. A supplemental • The POTW Test: The POTW test operators throughout the entire notice presenting the data and revised compares the cost per pound of subcategory, except in Cook Inlet, are results and soliciting comment would conventional pollutants removed by currently meeting a zero discharge be necessary prior to promulgation. industrial dischargers in upgrading from requirement, or in the case of Option 3 would prohibit the discharge BPT to BCT candidate technologies with dewatering effluent, are practicing zero of drilling fluids and cuttings from all the cost per pound of removing discharge already, there is zero cost and coastal oil and gas drilling operations. conventional pollutants in upgrading zero removal of conventional pollutants This option utilizes grinding and POTWs from secondary treatment to for this limitation. Thus, EPA has injection and onshore disposal as a basis advanced secondary treatment. The determined that zero discharge passes for complying with zero discharge of upgrade cost to industry must be less the BCT cost tests and other statutory drilling fluids and cuttings. than the POTW benchmark of $0.53 per factors and proposes a BCT limitation The technology Options 1 and 2 for pound ($0.25 per pound in 1976 dollars equal to zero discharge for all areas indexed to 1992 dollars). except Cook Inlet. Cook Inlet have been developed taking • into consideration the possibility that The Industry Cost-Effectiveness (ii) Cook Inlet. Cook Inlet operations are unique to the Test: This test computes the ratio of two In Cook Inlet, EPA considered either industry due to a combination of incremental costs. The ratio is also zero discharge (Option 3, above), or climate, transportation logistics, and referred to as the industry cost test. The allowing discharge based on structural and space limitations that numerator is the cost per pound of requirements identified in Option 2, interfere with the drilling operations. conventional pollutants removed in above. EPA did not consider Option 1 These options are based on a degree of upgrading from BPT to the BCT for Cook Inlet, allowing discharge at the recycling and reuse, onshore disposal candidate technology; the denominator current Offshore Guidelines limitations and/or grinding and injection of a is the cost per pound of conventional with a toxicity limit of 30,000 ppm portion of the wastes if they cannot pollutants removed by BPT relative to (SPP), as a distinct BCT option because meet the limitations, in addition to no treatment (i.e., this value compares the amount of removal of the product substitution in order to attain raw wasteload to pollutant load after conventional pollutant oil and grease, as the limitations and be able to discharge application of BPT). The industry cost oil, from discharge by this level of a portion of the generated wastes. test is a measure of the candidate toxicity could not be determined from EPA solicits comments on the two technology’s cost-effectiveness. This that removed by the current BPT discharge options containing specific ratio is compared to an industry cost requirement of no free oil. The POTW test (first part of the two data on the toxicity levels achievable for benchmark, which is based on POTW part cost-reasonableness test) is drilling fluids compositions and drill cost and pollutant removal data. The calculated by comparing the cost per cuttings and why the more toxic of the benchmark is a ratio of two incremental pound of conventional pollutant compositions must be used in order to costs: the cost per pound to upgrade a removed in upgrading from BPT to the successfully drill. Also, information is POTW from secondary treatment to BCT candidate options. EPA determined solicited on the degree to which zero advanced secondary treatment divided by the cost per pound to initially the costs of each BCT option for drilling discharge all would interfere with fluids, drill cuttings, and drilling fluids drilling operations in Cook Inlet, given achieve secondary treatment from raw wasteload. The result of the industry and drill cuttings combined. the estimate of a limited amount of EPA included only oil and grease and drilling planned. cost test is compared to the industry Tier I benchmark of 1.29. If the industry TSS in the BCT analysis. EPA did not 5. BCT Options Selection cost test result for a considered BCT include BOD because it is not a parameter normally measured in a. BCT Cost Test Methodology. technology is less than the benchmark, the candidate technology passes the wastewaters from this industry since it The methodology for determining industry cost-effectiveness test. In is associated with the oil content, e.g., ‘‘cost reasonableness’’ was proposed by calculating the industry cost test, any oil and grease measurement. The use of EPA on October 29, 1982 (47 FR 49176) BCT cost per pound less than $0.01 is BOD and oil and grease would result in and became effective on August 22, considered to be the equivalent of de double-counting, thus giving erroneous 1986 (51 FR 24974). These rules set minimis or zero costs. In such an results. EPA did not include the forth a procedure which includes two instance, the numerator of the industry parameter of settleable solids in the BCT tests to determine the reasonableness of cost test and therefore the entire ratio analysis because settleable solids are not costs incurred to comply with candidate are taken to be zero and the result a conventional pollutant. BCT technology options. If all candidate passes the industry cost test. EPA calculated cost of the BPT options fail either of the tests, or if no These two criteria represent the two- limitations for drilling fluids and drill candidate technologies more stringent part BCT cost reasonableness test. Each cuttings for Cook Inlet using the model than BPT are identified, then BCT of the regulatory options was analyzed well characteristics and disposal costs effluent limitations guidelines must be according to this cost test to determine used for the offshore wells (in the set at a level equal to BPT effluent if BCT limitations are appropriate. development of the Offshore limitations. The cost reasonableness b. BCT Cost Calculations and Options Guidelines). The volume of wastes methodology compares the cost of Selection. (drilling fluids and cuttings) was based conventional pollutant removal under (i) Other than Cook Inlet. on the 1993 Coastal Oil and Gas the BCT options considered with the In addition to considering setting the Questionnaire data for Cook Inlet. EPA cost of conventional pollutant removal BCT limitations equal to BPT, EPA based the costs associated with meeting Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9445 the BPT requirement of ‘‘no free oil’’ on option, no discharge of free oil, fail the The same set of tests are conducted land-based disposal of oil-based drilling BCT cost reasonableness test. Costs for for the Option 2, prohibitions on the fluids and oil laden cuttings and the ‘‘BPT’’ option are equal to zero discharge of free oil and diesel oil, substitution of mineral oil for diesel oil because it reflects current practice. The limitations on cadmium and mercury in in pills. As was done in the Offshore results of the POTW test (first part of the stock barite and toxicity limitation of Guidelines BCT determinations, oil BCT cost test) for the zero discharge between 100,000 and 1 million ppm content, which is normally measured in option (Option 3) is $0.151 per pound (SPP) or greater. For the purpose of drilling wastes, was used as surrogate of conventional pollutant removed. A conducting these calculations, a volume for the oil and grease conventional value of less than $0.534 per pound fraction of 0.83 (83 percent) of the (1992$) is required to pass the POTW pollutant in the calculation of pollutant drilling fluids and cuttings was test. Thus, this option passes the POTW removals. The following are annual BPT anticipated to comply with a toxicity test. The results of the Industry Cost costs and conventional pollutant limitation of between 100,000 ppm removals per well for drilling fluids and Ratio Test (ICR) is 2.097. As this value (SPP) and 1 million ppm (SPP). A cuttings: of 2.097 is greater than 1.29, zero discharge for drilling fluids and drill summary of the results of these tests, Annual Cost (1992 Dollars): also presented in Table 4, demonstrate Drilling Fluids—$40,275 cuttings in Cook Inlet fails the second Drill Cuttings—$22,355 test. Thus, EPA proposes that BCT be drilling fluids and cuttings both fail the TSS Removals (Annual): equal to BPT for drilling fluids and drill cost test. Thus, both candidate BCT Drilling Fluids—267,911 pounds cuttings discharges in Cook Inlet. options fail the ICR test, and BCT is set Drill Cuttings—297,880 pounds EPA conducted the same set of tests equal to Option 1 for this proposal Oil and Grease Removals (Annual): for Option 3 for the separate which is equal to zero discharge Drilling Fluids—207,584 pounds wastestreams of drilling fluids and everywhere except for Cook Inlet where Drill Cuttings—92,895 pounds cuttings. The results of the BCT cost BPT would apply. The three options for Cook Inlet were tests for Option 2 and 3 are contained The specific calculation of these BCT evaluated according to the BCT cost in Table 3 of the preamble, show that cost reasonableness tests for the drilling reasonableness tests. The pollutant drilling fluids fail the second test, and fluids and drill cutting options for Cook parameters used in this analysis were cuttings pass. (Results for Option 1 are total suspended solids and oil and equal to zero and are not shown on Inlet are discussed further in the Coastal grease. All options, except the ‘‘BPT’’ Table 3). Technical Development Document. TABLE 4.ÐBCT Cost Test Results for Drilling Fluids and Drill Cuttings for Cook Inlet 1 Pollutant re- Compliance 1 BCT cost Pass POTW BPT cost Regulatory option moval (lb/ cost ($/ 2 ICR ratio Pass ICR (<1.29) well) well) ($/lb) (<0.534) ($/lb) Drilling Fluids Option 2 ...... 191,693 129,026 0.673 No ...... 0.085 ...... Option 3 ...... 1,127,603 418,888 0.371 Yes ...... 0.085 4.365 No. Drill Cuttings Option 2 ...... 389,756 30,226 0.078 Yes ...... 0.057 1.368 No. Option 3 ...... 2,292,681 98,258 0.043 Yes ...... 0.057 0.754 Yes. Drilling Fluids and Cuttings Option 2 ...... 581,449 159,252 0.274 Yes ...... 0.072 3.806 No. Option 3 ...... 3,420,284 517,146 0.151 Yes ...... 0.072 2.097 No. 1 Results of Option are equal to zero and are not shown in this table. 2 Compliance Cost and Conventional Pollutants Removal are incremental to BPT. 3 1986 benchmark (0.46) adjusted to 1992 dollars $0.534. 6. BAT and NSPS Options These costs are attributed only to the meeting a zero discharge requirement EPA is co-proposing all three options Cook Inlet operators who would be for drilling fluids and drill cuttings (all considered for the BAT and NSPS level required to meet the Offshore other coastal operators including the of control for drilling fluids and drill limitations and a more stringent toxicity North Slope of Alaska are already cuttings. A discussion of the costs and limitation based on an estimate that 83 practicing zero discharge). Costs to impacts and description of the selection percent of the drilling fluids and drill comply with this option are estimated to rationale is contained below. cuttings would pass a toxicity limitation be approximately $3.9 million annually a. Costs. of between 100,000 ppm (SPP) and for Cook Inlet operators. EPA conducted No costs would be incurred by the 1,000,000 ppm (SPP). Thus, 17 percent an extensive analysis of possible waste industry to comply with Option 1 of the drilling wastes would need to be disposal options available to Cook Inlet because the requirements are reflective disposed of either onshore or by operators in order to estimate the costs of current practice. Costs incurred by grinding and injection. to comply with a zero discharge the coastal industry to comply with Costs to comply with Option 3 (zero requirement. The basis for this cost Option 2 would amount to discharge all) are attributed only to analysis is that approximately 76 approximately $1.4 million annually. Cook Inlet operators not currently percent of the drilling fluids and 9446 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules cuttings generated in Cook Inlet would drill cuttings generated per well, and projected average lifetime of 11 years be hauled to shore for disposal onshore, the projected amount of drilling over the without this requirement. There are no and the other 24 percent would be seven years following scheduled well or platform shutdowns or barriers injected following grinding, into promulgation, EPA estimates that the to new drilling activities as a result of dedicated disposal wells regulated by total amount of drilling fluids and these costs. However, three new wells the Underground Injection Control (UIC) cuttings annually discharged from these would not be drilled. The results of the program. drilling operations will be economic impact analysis are discussed Of the five Cook Inlet operators, two approximately 79,000 barrels. in Section VII of the preamble. For new operators generate about 76 percent of EPA also considered the logistical sources, EPA expects that the costs of the drilling fluids and drill cuttings in difficulties of transporting drilling complying with NSPS would be equal to Cook Inlet and, have access to a landfill wastes in the Cook Inlet as part of in or less than those for existing sources. in Alaska. One operator has no future EPA’s costing analysis of the options. To An analysis of non-water quality plans to drill. The remaining two achieve zero discharge, certain environmental impacts for BAT and operators, who generate about 24 platforms would transport drill wastes NSPS was performed. The estimated percent of the drilling wastes, would be to the eastern side of Cook Inlet by impacts for the options are discussed in expected to, for costing purposes, grind supply boat during ice conditions, and Section VIII of the preamble. The and inject to comply with the zero store the wastes at a transfer station increased energy use and air emissions discharge requirement. Out of the five until they could be transported by barge and availability of land disposal sites Cook Inlet operators, information to an existing landfill facility on the and capacity are identified. obtained by EPA in 1993 indicated that west side of the Inlet. During the b. Rationale for Option Selection. one of them had no plans to drill in the summer months, transport of wastes EPA has not selected a preferred Inlet. Recent (1995) information from an would be accomplished by barge option for control of drilling fluids and additional Cook Inlet operator relates directly to the west side. drill cuttings under BAT and NSPS but, that this operator also no longer has Costs for the two operators to dispose rather is co-proposing all three options. plans to drill in the Inlet. EPA of their wastes in the Alaskan landfill EPA has determined, based on available conservatively estimated that this average $39/barrel. Costs for the other information, that all three options are operator would have drilled six new two operators (one operator has no technologically and economically wells (out of a total of 36 for all of the future plans to drill) to dispose of their achievable and have acceptable non- Cook Inlet operators) in the next seven wastes by grinding and injection average water quality impacts. However, due to years. Due to the fact that this is very $53/bbl. A weighted average for possible operational interferences (for recent information, the cost and disposal of 76 percent of the drilling Option 3), the lack of sufficient data to economic analyses presented in this wastes by Alaskan landfills and 24 set a toxicity limitation more stringent preamble have not deleted these six percent by grinding and injection than 30,000 ppm (SPP) (for Option 2) drillings. Thus, the analysis was equates to $42/bbl. On a per well basis, and the high cost-effectiveness results performed assuming only one operator, this amounts to approximately $425,000 for both Options 2 and 3, a preferred instead of two, operators will not be and $600,000 for each recompletion and option has not been selected. EPA drilling. However, retaining these six new well drilled, respectively. solicits comments on the drillings in the analyses will not only The costs to comply with Option 2 are appropriateness of each option. provide a conservative estimate of the approximately $1.4 million annually. A large majority of operators are costs and economic impacts, but may Capital expenditures are close to those already discharging at levels less toxic serve to cover future changes in oil and incurred to meet Option 3 due to the than the toxicity limitations of 30,000 gas activity should decisions be made to fact that most operators will be required ppm (SPP) contained in Option 1. Thus, resume drilling. to install the same equipment regardless this is a no cost option incurring no Costs for land disposal include water of the amount of wastes requiring economic or non-water quality vessel transportation, storage prior to disposal. The economic impact analysis environmental impacts. transport to the disposal facility, truck associated with this option would result Option 2 requires zero discharge for transportation to the disposal facility, in a 1.3 percent reduction in the all operators except in Cook Inlet where and landfill disposal costs. Costs for estimated lifetime production for the operators would be required to meet the grinding and injection include purchase existing platforms in Cook Inlet as a Offshore subcategory limitations in or rental of the grinding, slurrying and result of three wells not being drilled. addition to a toxicity limitation of pumping equipment, and costs to drill The net present value of this production between 100,000 ppm (SPP) and dedicated injection wells at the drill loss (reduction in producers’ net 1,000,000 ppm (SPP). This option site. income) is $263,000 or less than 0.1 would cost $1.4 million annually and To determine the volume of drilling percent of baseline net present value. results in less than a 0.1 percent wastes requiring disposal, EPA obtained The average well life decreases by 0.2 reduction in estimated lifetime the projected drilling schedules for the years as a result of this option. production for Cook Inlet platforms Cook Inlet operators using information The results of the economic impact which would not significantly reduce from the 1993 Coastal Oil and Gas analysis associated with the costs for the the profit potential for these operators. Questionnaire and contacts with zero discharge all option (Option 3) for Option 2 would result in the removal of industry. EPA’s projections estimate drilling fluids and cuttings show a 2.7 approximately 3.9 million pounds of that 36 new wells and 19 recompletions percent reduction in the estimated pollutants being discharged per year (or will be drilled in the seven years lifetime production for the existing 1264 pounds in toxic equivalents), following scheduled promulgation of platforms in Cook Inlet (an additional assuming a volume of 17 percent of the this rule. (Recompletions are drilling 2.6 percent over Option 2). The discharges would not meet a toxicity operations which utilize an existing associated net present value loss of limit of between 100,000 ppm and one well but drill to a deeper formation than production is approximately $6.1 million ppm (SPP) and would therefore that which the well was previously million. This is reflective of the estimate be disposed of by grinding and injection producing from). Using information that Cook Inlet platforms may close on or on land. Out of the 3.9 million about the volume of drilling fluids and average, 11 months earlier than their pounds removed annually less than 0.02 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9447 percent consists of toxic priority requirement, 24 percent of the drilling do not have access to onshore disposal, pollutants (or 642 pounds). fluids and drill cuttings would be EPA has calculated the air emissions Due to limitations with the data base, ground and injected into dedicated and energy requirements resulting from EPA is currently only able to estimate wells, and 76 percent would be grinding and injection to meet zero an achievable toxicity limit in the range disposed of onshore. discharge. EPA has found that these of 100,000 ppm (SPP) to one million EPA is soliciting comments on non-water quality environmental ppm (SPP). As described earlier under whether the drilling fluids and cuttings impacts represent only a very small ‘‘Additional Technologies Considered’’ volumes removed by these options are fraction of the total air emissions and of this section, EPA is continuing to deminimus, and on the effect that energy requirements from normal evaluate toxicity test results and weather and transportation logistics, operations, and that these non-water volumes and other data for drilling cost effectiveness, and other factors quality environmental impacts are fluids used and discharged in Cook Inlet (e.g., types of fluids used and their acceptable. As stated above, EPA does in an effort to derive a more specific composition, toxicity values, etc.) may not expect any new sources to be limitation. A supplemental notice have on the applicability, achievability initiated in Cook Inlet. EPA, however, presenting the data and soliciting and practicality of both Options 2 and believes that the non-water quality comment would be necessary prior to 3. environmental impacts resulting from promulgation. EPA does not expect any new source any such activity would be equal to or Option 3 would cost the industry $3.9 development wells drilled in Cook Inlet less than those anticipated for existing million annually and result in the in the seven years following the sources, which EPA has found reduction of 23 million pounds of scheduled promulgation of this rule. acceptable. pollutants being discharged per year (or This is because all development wells 7375 in toxic pounds equivalents). Zero are expected to be drilled from existing 8. PSES and PSNS discharge of drilling fluids and drill platforms in Cook Inlet. According to Section 307 of the CWA authorizes cuttings is widely practiced in other the definition of new sources, these EPA to develop pretreatment standards coastal areas other than Cook Inlet, wells would be existing sources. for existing sources (PSES) and new including the Gulf of Mexico, California, Additionally, any drillings that may sources (PSNS). Pretreatment standards and the North Slope of Alaska. In Cook occur in the recently discovered Sunfish are designed to prevent the discharge of Inlet, zero discharge is not currently formation in Upper Cook Inlet, are pollutants that pass through, interfere practiced but for a small amount of projected to be exploratory wells, which with, or are otherwise incompatible drilling fluids (approximately one are also existing sources according to with the operation of publicly owned percent) that do not meet permit limits. the new source definition. Thus, no treatment works (POTWs). The Zero discharge is technologically costs will be attributed to NSPS in Cook pretreatment standards for existing available because operators are able to Inlet because no new sources are sources are to be technology based and comply with zero discharge by either projected for this area. However, in the analogous to the best available disposing of their drilling fluids and case that a new source would be drilled technology economically achievable drill cuttings onshore or by grinding and in Cook Inlet, EPA has determined that (BAT) for direct dischargers. The injecting the waste. The costs of this zero discharge would not pose a pretreatment standards for new sources option would result in a 2.7 percent significant barrier to entry for the are to be technology-based and reduction in the estimated lifetime drilling project. The same options are analogous to the best available production for Cook Inlet platforms, being considered for NSPS as for BAT, demonstrated control technology used which would not significantly reduce and again, no one preferred NSPS to determine NSPS for direct the profit potential for these operators. option is being selected in this proposal. dischargers. New indirect discharging Thus, EPA believes these costs are Costs may be less than BAT because facilities, like new direct discharging economically achievable. However, process modifications can be facilities, have the opportunity to concerns have been raised that zero incorporated into the drilling rig design incorporate the best available discharge would interfere with drilling prior to its installation rather than demonstrated technologies, including operations, in part because the weather retrofitting an existing operation. process changes, and in-plant controls, conditions and tidal fluctuations in the Whenever EPA determines that BAT is and end-of-pipe treatment technologies. Inlet pose logistical difficulties for economically achievable, equivalent EPA determines which pollutants to drilling waste transportation especially NSPS requirements would also be regulate in PSES and PSNS on the basis during winter months. In addition, economically achievable, and cause no of whether or not they pass through, while Option 3 would result in the significant barrier to entry. EPA solicits interfere with, or are incompatible with removal of 23 million pounds of comments on whether NSPS should be the operation of POTWs. pollutants per year, less than 0.02 more stringent than BAT for Cook Inlet Based on the 1993 Coastal Oil and Gas percent of which are toxic pollutants, drilling fluids and cuttings. Questionnaire and other information the $3.9 million annually incurred by EPA also finds the non-water quality reviewed as part of this rulemaking, industry to remove the 3760 pounds of environmental impacts of Option 2 and EPA has not identified any existing priority toxic pollutants indicates that zero discharge (Option 3) to be coastal oil and gas facilities which this option is not cost effective. (See acceptable. Again, non-water quality discharge drilling fluids and cuttings to EPA’s cost effectiveness report entitled environmental impacts attributable to publicly owned treatment works Cost Effectiveness Analysis of Effluent this rule would occur only in Cook (POTW’s), nor are any new facilities Limitations Guidelines and Standards Inlet. The air emissions and energy projected to direct these wastes in such for the Coastal Oil and Gas Industry in requirements associated with waste manner. However, due to the high solids the rulemaking record for this proposal transportation were calculated for the content of drilling fluids and cuttings, and additional discussion in Section VII two operators expected to utilize EPA is proposing to establish of this preamble.) In Cook Inlet, onshore landfill disposal to pretreatment standards for existing and operators are not currently practicing accommodate the wastes from their new sources equal to zero discharge zero discharge. EPA estimates that to drilling operations. For the remaining because these wastes are incompatible comply with a total zero discharge two operators who will be drilling and with POTW operations. For further 9448 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules discussion, see the Coastal Technical Development Document. EPA’s many of them at or just above trace Development Document. For PSNS, zero sampling data and the industry- levels, (3) use of technologies for discharge would not cause a barrier to supplied Cook Inlet Study identified removal of oil which are effective in entry for the same reasons as discussed many organic priority pollutants and all removing many of the specific previously under Part 6.b. of this of the 13 metal priority pollutants as pollutants, and (4) many of the organic Section. being present in BPT treated produced pollutants are directly associated with water discharges following some oil and grease because they are B. Produced Water treatment for oil and grease (oil) constituents of oil, and thus, are directly 1. Waste Characterization removal. The priority organics most controlled by the oil and grease Produced water is brought to the often present in significant amounts limitation. These reasons also apply to surface during the oil and gas extraction were benzene, naphthalene, phenol, the Coastal Guidelines. While the oil and grease limitations process and includes: formation water toluene, 2-propanone, ethylbenzene and xylene. In addition to the priority limit the discharge of toxic pollutants, extracted along with oil and gas; pollutants, EPA identified total EPA determined, during the Offshore injection water used for secondary oil suspended solids, oil and grease, and a Guidelines rulemaking, that certain of recovery that has broken through the number of nonconventional pollutants the toxic priority pollutants, such as formation and mixed with the extracted including barium, chlorides, ammonia, pentachlorophenol, 1,1,-dichloroethane, hydrocarbons; and various well magnesium, strontium and iron present and bis(2-chloroethyl) ether would not treatment chemicals added during the in produced water. be controlled by the limitations on oil production and oil/water separation and grease in produced water. EPA is processes. Produced water is the highest 2. Selection of Pollutant Parameters not proposing to regulate these volume waste in the coastal oil and gas a. Pollutants Regulated. pollutants in this rule because EPA did industry. Depending on the age of a well Where zero discharge would be not detect them in the samples within and site-specific formation required, all pollutants found in the coastal oil and gas data base. (See characteristics, the produced water can produced water discharges would be the Coastal Technical Development constitute between 2 percent and 98 controlled. Where discharges would be Document). percent of the gross fluid production at allowed, i.e. Cook Inlet, EPA would be a particular well. Generally, in the early regulating oil and grease under BAT as 3. Control and Treatment Technologies production phase of a well the produced an indicator pollutant controlling the a. Current Practice. water volume is relatively small and the discharge of toxic and nonconventional Based on information collected by the hydrocarbon production makes up the pollutants. Oil and grease would be 1993 Coastal Oil and Gas Questionnaire bulk of the fluid. Over time, the limited under BCT as a conventional as well as industry contacts, no coastal formation approaches hydrocarbon pollutant and under NSPS as both a oil and gas facilities are discharging depletion and the produced water conventional pollutant and as an produced water in Alabama, Florida, volume usually exceeds the indicator pollutant controlling the California or Alaska’s North Slope. This hydrocarbon production. Based on discharge of toxic and nonconventional is due to a combination of factors information received in the 1993 Coastal pollutants. including operational preference, Oil and Gas Questionnaire, the average It has been shown previously in the waterflooding, and/or state produced water rate from a well is development of the Offshore Guidelines requirements. In addition, the Louisiana approximately 1180 barrels per day (See the Offshore Technical Department of Environmental Quality (bpd) in Cook Inlet and 270 bpd in the Development Document, Section VI) issued regulations in 1992 (LAC:33,IX, Gulf coast. EPA estimates that 228 that oil and grease serves as an indicator 7.708) which prohibit discharges of million barrels per year (bpy) of for toxic pollutants in the produced produced water to fresh water areas produced water is discharged to surface water wastestream, including phenol, characterized as ‘‘upland’’ after July 1, waters by the coastal oil and gas naphthalene, ethylbenzene, and toluene. 1992. The regulation defines ‘‘upland’’ industry. During its development of the Offshore as ‘‘any land not normally inundated As part of this rulemaking, EPA has Guidelines, EPA showed that gas with water and that would not, under embarked upon a systematic effluent flotation technology (the technology normal circumstances, be characterized sampling program to identify and basis for the oil and grease limitations) as swamp of fresh, intermediate, quantify the pollutants present in removes both metals and organic brackish or saline marsh’’. The produced water, with an emphasis compounds, resulting in lower regulation does, however, allow toward the identification of listed concentration levels in the discharge for discharges to the major deltaic passes of priority pollutants. Details of EPA’s data the above priority pollutants (See the Mississippi River and the collection activities are presented in Section IX of the Offshore Technical Atchafalaya River. The same regulation Section V of this notice, with additional Development Document). also requires that discharges inland of detail and sampling results discussed in b. Pollutants Not Regulated. the inner boundary of the Territorial the Coastal Technical Development The feasibility of regulating separately Seas into intermediate, brackish or Document. The information collected each of the constituents of produced saline waters must either cease has confirmed the presence of a number water determined to be present was also discharges or comply with a specific set of organic and metal priority pollutants evaluated during the development of the of effluent limitations. These in produced water. Offshore Guidelines (See Section VI of requirements must be met within a Pollutants contained in coastal oil and the Offshore Technical Development certain time frame, as required in the gas industry produced water discharges Document). EPA determined that it is regulations, but, in most cases, no later from facilities with treatment systems not feasible to regulate each pollutant than January 1997. used to meet the BPT level permit limits individually for reasons that include the In addition, EPA proposed general were identified as part of EPA’s following: (1) The variable nature of the NPDES permits (57 FR 60926, December sampling effort. A summary of the data number of constituents in the produced 22, 1992) for production wastes which from these sampling activities is water, (2) the impracticality of would impose a prohibition on contained in the Coastal Technical measuring a large number of analytes, discharges of produced water in coastal Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9449 areas of Texas and Louisiana. These EPA considered as an option using and grease effluent values above (and 50 permits were finalized January 9, 1995 gas flotation technology with chemical percent below) the median of the (60 FR 2387). The permits would not, addition as a basis for improving BPT- effluent values measured at the median however, apply to facilities treating level performance. This option would platform. Based on the oil and grease offshore waters and discharging into the require all coastal discharges of measured at the median platform after main passes of the Mississippi and produced water to comply with oil and improved gas flotation treatment, and Atachafalaya River. Based on these grease limitations of 29 mg/l monthly allowing for average ‘‘within-platform’’ permits requiring zero discharge, only average and a daily maximum of 42 mg/ variability, EPA set a daily maximum Alaska’s Cook Inlet and two sites in the l. The technology basis for these limit on oil and grease at 42 mg/l, and Gulf of Mexico would be discharging limitations is improved operating a 30-day average of 29 mg/l as the BAT produced water in the Coastal performance of gas flotation technology. limits and NSPS. (See 58 FR 12462, subcategory at the time this final rule is EPA has determined that gas flotation March 4, 1993). scheduled to be signed, currently July systems could be improved to increase In setting BAT limits and NSPS for 1996. removal efficiencies—i.e., the amount of the offshore rule, EPA had a choice The current BPT regulations pollutants removed. Specific among several different means of established for the coastal subcategory mechanisms include proper sizing of measuring what is termed ‘‘oil and limit the oil and grease content in the the gas flotation unit to improve grease’’ in produced water, two of discharged produced water. Existing hydraulic loading (water flow rate which are known as Method 413.1 and technologies for the removal of oil and through the equipment), adjustment and Method 503E. grease include gravity separation, gas closer monitoring of engineering Under Method 413.1, freon is mixed flotation, heat and/or chemical addition parameters such as recycle rate and with a sample of produced water. The to assist oil-water separation, and shear forces that can affect oil droplet container is then left at rest to separate filtration. Methods for the discharge or size (the smaller the oil droplet, the the water phase from the freon phase, disposal of produced water from more difficult the removal), additional which includes those contaminants in facilities in the coastal subcategory maintenance of process equipment, and produced water that dissolve in freon. include free fall discharge to surface the addition of chemicals to the gas The freon layer is then drained from the waters, discharge below the water flotation unit. (See Offshore Technical container and distilled by heating, surface, use of channels to convey the Development Document Section IX). leaving a residue. The residue is then discharge to water bodies, and injection The addition of chemicals can be a weighed and reported as the weight of via regulated Class II Underground particularly effective means of the ‘‘oil and grease’’ in that sample of Injection Control (UIC) wells into increasing the amount of pollutants produced water. The results are underground formations. As an removed. Because the performance of typically reported in milligrams of oil alternative, a number of production sites gas flotation is highly dependent on and grease per liter of produced water. transport produced water by pipeline, ‘‘bubble-particle interaction,’’ chemicals Under Method 503E the same steps truck or barge to shore facilities for that enhance that interaction will are followed, with one exception. After disposal in UIC Class II wells. At times, increase pollutant removal. the freon layer is drained from the this transport consists of the gross fluid Gas flotation is a technology which container, but prior to distillation, silica produced and the oil-water separation has been used for many years in treating gel is added to the freon, and weighed. takes place at the off-site facility. produced water in the offshore Because the silica gel has the ability to While sampling data has indicated subcategory. In developing final effluent adsorb polar materials (e.g., some of the quantifiable reductions of naphthalene, limitations guidelines and standards for hydrocarbons and fatty acids present) lead, and ethylbenzene by BPT the offshore subcategory (58 FR 12454; that otherwise would have been treatment (i.e., by oil-water separation March 4, 1993), EPA evaluated measured as oil and grease in the freon technology), this data also demonstrates comments and data submitted by the residue by Method 413.1, the analytical the presence of significant levels of industry which strongly urged EPA to result reported under Method 503E is priority pollutants remaining in the select improved gas flotation technology less than that reported under Method treated effluent. as the basis for BAT limits and NSPS, 413.1. Because Method 413.1 measures b. Additional Technologies. based on an Offshore Operator more of the oil and grease in produced In developing the proposed Committee’s (OOC’s) 83 Platform water, it gives a more complete picture regulation, EPA evaluated several Composite Study. Industry further noted of the efficiency of the treatment system. treatment technologies for application to that chemical additives would improve Because EPA had influent and effluent the produced water wastestream. These the amount of oil and grease in data showing that oil and grease, technologies were considered for produced water that could be removed. measured under Method 413.1, were implementation at the coastal EPA thoroughly reviewed these removed by the use of improved gas production sites and at the shore comments and additional data, and flotation (Oil Content in Produced Brine facilities where much of the produced agreed with industry that improved gas on Ten Louisiana Production Platforms, water is currently treated for subsequent flotation should be used as the September 1981) R.I.G. (No. 194), EPA discharge to coastal subcategory waters. technology for setting BAT limits and used improved gas flotation as the (1) Improved Gas Flotation. NSPS in the offshore subcategory. technology basis for the rule and Gas flotation is a treatment process In establishing BAT limits and NSPS established the limitations as measured that separates low-density solids and/or for produced water, EPA evaluated the by Method 413.1 (See also Final Report, liquid particles (e.g., oil and grease) effluent data from the platforms in the Analysis of Oil and Grease Data from liquid (e.g., water) by introducing 83 Platform Composite Study identified Associated with Treatment of Produced small gas (usually air) bubbles into as using improved gas flotation (e.g., use Water by Gas Flotation Technology, wastewater. As minute gas bubbles are of gravity separators and chemical January 13, 1993, and 58 FR 12462, released into the wastewater, suspended additives). First, EPA modeled the March 4, 1993). solids or liquid particles are captured by offshore platform with ‘‘median’’ oil and (2) Filtration. these bubbles, causing them to rise to grease effluent values (i.e., 50 percent of The primary purpose of filtration is to the surface where they are skimmed off. the platforms in the database had oil remove suspended matter, including 9450 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules insoluble oils, from produced water. cartridge filters as part of the treatment appropriate to employ granular filtration Additional removal of soluble system. EPA collected wastewater after BPT separation technology because pollutants can also be achieved, but it samples to characterize the efficacy of it is more cost effective to use this is not as significant as the reduction of cartridge filtration to determine whether technology for higher flows rather than conventional pollutants such as total this technology should serve as a basis cartridge filtration. suspended solids and oil and grease. for effluent limitations and standards. 4. Other Technologies EPA has considered several types of EPA’s evaluation of cartridge filtration filtration systems as part of this performance data indicates that this In developing effluent limitations for rulemaking, including granular, technology is capable of providing oil the offshore subcategory, EPA also membrane and cartridge filtration and grease removal only marginally considered other technologies such as technologies. EPA’s assessment of better than that currently required by carbon adsorption, biological treatment, granular filtration is based in part on the existing BPT effluent limitations. In chemical precipitation, and data collected from a coastal oil and gas addition, EPA’s evaluation did not hydrocyclones. (See 56 FR 10688; facility as part of the offshore identify any significant removals of the March 13, 1991.) Carbon adsorption was subcategory rulemaking (Three Facility priority and nonconventional pollutants rejected as a technology basis because Study). Although economically present in produced water. Thus, the limited use of this technology did achievable, granular filtration was cartridge filtration was not selected as a not give sufficient performance data to rejected as the technology basis for basis for limiting produced water enable a full evaluation. Biological controlling discharges in this proposed discharges. treatment was rejected because of rule. EPA’s evaluation of granular problems associated with biologically 3. Injection filtration performance data indicates treating the high dissolved solids (brine) that while this technology does provide EPA also considered using injection waters. Operational problems and an some removals of priority and technology as a basis for setting a more inability to quantify reductions of nonconventional pollutants, the stringent requirement under this rule. priority pollutant metals led to rejection pollutant removal efficiency of granular With the exception of Cook Inlet, of chemical precipitation. filtration (in the range of 46–68 percent injection of produced water is widely Hydrocyclones were rejected as a oil and grease removal) is generally not practiced by facilities in the coastal technology basis for BAT/NSPS effluent as effective as that attainable through subcategory as well as in the onshore limits because the performance data improved operation of gas flotation subcategory. Injection technology for available demonstrated only that it was technology (general oil and grease produced water consists of injecting it, capable of meeting existing BPT limits removal efficiency have been shown to under pressure, into Class II UIC wells for oil and grease, and data were lacking be 90–95 percent). In addition, the into underground formations. This regarding removals of priority capital and annual operating and option results in no discharge of pollutants. EPA has not received any maintenance costs associated with produced water to surface waters. new information regarding treatment granular filtration are significantly Treatment of the produced water prior efficacy (as measured by priority higher than the costs of improving gas to injection is usually necessary, and pollutant removal) for these flotation systems. such treatment often includes removal technologies, and is not aware of any EPA did not select membrane of oil and suspended matter by BPT oil information which would support filtration as a technology basis for this separation technology followed by conclusions different than those made proposed rule because it has not been filtration technology. The removal of for the Offshore Guidelines. sufficiently demonstrated as available to suspended matter prior to injection is 5. Options Considered support national effluent limitations at required to prevent pressure build-up this time. Membrane filtration is a and plugging of the receiving formation Five options were considered by EPA commercially demonstrated technology and/or to protect injection pumps from in developing BCT, BAT, NSPS, PSES in other industries and several damage. and PSNS limitations for produced manufacturers have been developing While EPA determined that filtration water. These options were based on this technology for use in treating was not a technology appropriate for either injection, improved gas flotation, produced water. Although not yet serving as the basis for control of or a combination of these technologies. available to the oil and gas industry, effluent prior to discharge, filtration was The 5 options are listed below with some operators have shown interest in considered relevant technology for use limitations for oil and grease associated the technology and limited testing of as pretreatment prior to injection, thus, with the options allowing discharges: these systems has taken place. In it is included as part of the basis for the Option 1—(BPT All): EPA has developing the final limitations for the injection technology option. EPA included as an option setting effluent offshore subcategory, EPA determined determined from information gathered limitations equal to the existing BPT that because of operational problems on site visits in the Gulf coast area, as requirements. Oil and grease would be (e.g., fouling of the membrane, actual well as from industry contacts, that limited in the effluent at 48 mg/l treatment capacity less than design cartridge filtration is generally used monthly average, and 72 mg/l daily capacity) this technology did not following BPT oil/water separation maximum. support use as a technology basis for technologies at injecting facilities Option 2—(Improved Flotation All): final effluent limitations. (See 58 FR accessible by water only. For facilities All discharges of produced water would 12481; March 4, 1993.) In the absence of accessible by land, it was determined be required to meet limitations on oil any data to the contrary, EPA believes that rather than pretreat produced water and grease content of 29 mg/l 30-day that this technology still is not available using filtration, it is more cost effective average and a daily maximum of 42 mg/ for full-scale systems capable of long- to perform periodic well workovers on l. The technology basis for these limits term, effective treatment of produced the injection well to remove clogged is improved operating performance of water. material from the wellbore. However, gas flotation. The specific numerical In evaluating reinjection of produced for facilities treating produced water limit of 29 mg/l 30-day average and 42 water, EPA noted that a number of flows greater than 64,000 bpd, EPA mg/l (daily maximum) are based on the coastal oil and gas sites were using determined that it would be more statistical analyses of performance of Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9451 improved gas flotation conducted to extracted hydrocarbon fluids to one of 3 7. BAT and NSPS Options develop oil and grease limits for the land-based separation and treatment EPA has selected Zero discharge; Offshore Guidelines. (See 58 FR 12462, facilities. These land-based facilities Cook Inlet improved gas flotation March 4, 1993). separate the hydrocarbons from the (Option 4) for the BAT and NSPS level Option 3—(Zero Discharge; Cook Inlet produced water, treat the produced of control for produced water. A BPT): With the exception of facilities in water and then discharge it in discussion of the cost and impacts and Cook Inlet, all coastal oil and gas accordance with EPA’s Region X’s a description of the selection rationale facilities would be prohibited from NPDES general permit requirements. is contained below: discharging produced water. Coastal The Alaska Oil and Gas Conservation a. Costs. facilities in Cook Inlet would be Commission has confirmed that no The cost and pollutant removals required to comply with existing BPT geological formations exist beneath the associated with the options considered effluent limitations (48/72 mg/l land-based facilities that are large for BAT are presented in Table 5. described above) for oil and grease. enough to accept the approximately Option 4—(Zero Discharge; Cook Inlet 100,000 barrels per day (bpd) of TABLE 5.ÐCOSTS AND POLLUTANT Improved Flotation): With the exception produced water generated from these REMOVALS FOR PRODUCED WATER of facilities in Cook Inlet, all coastal oil facilities. Thus, produced water would BAT OPTIONS and gas facilities would be prohibited be piped back to the platforms for from discharging produced water. injection if produced water discharges Costs Pollutant re- Coastal facilities in Cook Inlet would be were prohibited. The costs for such Option (1992$) movals (lbs) required to comply with the oil and piping would comprise 74 percent of (x1000) (x1000) grease limitations of 29 mg/l 30-day the total costs for injection. This would average and 42 mg/l daily maximum be a major cost factor for the Inlet 1. BPT all ...... 0 0 2. Improved gas based on improved operating operations overall since the volume of performance of gas flotation and the flotation all ..... 12,400 12,440 produced water being discharged from 3. Zero dis- statistical analysis conducted for the these 3 land-based facilities amounts to Offshore Guidelines. charge; cook approximately 99 percent of that inlet BPT ...... 28,600 4,306,800 Option 5—(Zero Discharge All): This discharged from all 13 platforms. 4. Zero dis- option would prohibit all discharges of charge; cook produced water based using injection. 6. BCT Options inlet improved Specific alternatives have been a. BCT Methodology. gas flotation ... 30,860 4,308,300 developed for Cook Inlet to account for 5. Zero dis- the different operational practices, and The methodology to determine the charge all ...... 49,700 5,484,800 geological situations that exist at these appropriate technology option for BCT platforms. As previously stated, zero limitations is previously described in These estimates are presented discharge is widely, if not exclusively, Section VI.A. incremental to the baseline of current practiced in all coastal areas except b. BCT Cost Test Calculations and industry operating practices which is Cook Inlet. Injection of produced waters Option Selection. equal to BPT where discharges are is not practiced in Cook Inlet because, The five options previously described, occurring. Thus, as shown on Table 5, where waterflooding is occurring, were evaluated according to the BCT costs attributable to Option 1, which is treated seawater is injected instead. cost reasonableness tests. The pollutant equal to BPT, is zero. On January 9, Industry claims that injection of parameters used in this analysis were 1995 (60 FR 2387), EPA promulgated seawater other than produced water for total suspended solids and oil and general NPDES permits that would enhanced recovery is practiced grease. All options, except the ‘‘BPT prohibit discharges of produced water primarily because injection of produced All’’ option, fail the BCT cost from coastal facilities in Texas and water would cause formation fouling. reasonableness test and thus, EPA Louisiana. For the purpose of this Industry has claimed that fouling would proposes to establish BCT limitations proposal, EPA’s compliance cost occur due to bacteria and scale equal to BPT. Costs for the ‘‘BPT All’’ estimates and economic impact formation in produced water, and option are equal to zero because assessments are determined without otherwise not present in seawater. EPA facilities are complying with the current considering this permit. Had EPA’s has determined that formation fouling BPT limitations. The range of the results costing estimates assumed that the problems associated with produced for the POTW test (first part of the BCT general permit would be in effect, the water injection are not insurmountable cost test) for the other options is $1.35 total estimated cost of the proposed because filtration and anti-fouling to $3.70 per pound of conventional BAT limitations for produced water for chemicals can be added prior to pollutant removed. Since a value of less the entire coastal subcategory would be injection, and periodic downhole than $0.53 per pound (1992$) is $10.4 million instead of $30.9 million workovers can be performed to reopen required to pass the POTW test these annually. clogged formation surfaces. four options fail the first BCT cost test. In developing the costs of zero An additional problem with injecting Thus, EPA is proposing to establish the discharge for this option, EPA produced waters is that no other BCT limitations for produced water determined, based on Texas and formations exist that can accommodate equal to BPT (48 mg/l monthly average; Louisiana state permit data, the number this wastestream other than the 72 mg/l daily maximum). The and volume of produced water producing formation. Cook Inlet calculations for BCT cost reasonableness discharges that would be discharging by operators would experience significant test for the produced water options are the time this final rule is scheduled to additional cost associated with piping described in more detail in Section XI be signed July 1996. This investigation produced water if zero discharge was of the Coastal Technical Development identified, by operator and oil and gas required from where it is currently Document. There are no incremental field, 216 produced water separation/ treated to where it could be injected. Of non-water quality environmental treatment facilities that would be the 13 producing platforms in the Inlet, impacts associated with the BCT option discharging approximately 180 million 9 of them currently direct their because it is equal to BPT. barrels per year (bpy) in Texas and 9452 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Louisiana as of July 1996. Costs are filtration for water-based facilities. For future produced water volumes calculated without taking into account flows greater than 64,000 bpd, granular estimated to be approximately 1.5 times the regulatory effects of the zero filtration is used as pretreatment. current flow. EPA believes using this discharge requirement imposed by the * Capital costs are based on sizing factor, which is standard engineering EPA Region VI General Permits (See equipment to accommodate future practice, has resulted in a conservative Section II.C. of this preamble). produced water volume, estimated to be cost estimate overall because many In determining the costs associated approximately 1.5 times current flow. operators have indicated that they with zero discharge for the Gulf coast * Where more than one produced typically use a factor of 1.2 to 1.25 when area, EPA utilized the following factors water discharge location exists from one sizing and costing produced water in the costing analyses: or more production facilities owned by treatment equipment. Capital costs the same operator in the same field, EPA General would be approximately 12 percent combined the discharges to be injected lower if a factor of 1.2 were used. * The only areas that will incur into a single injection system. By Additionally, while EPA’s costing compliance costs are Cook Inlet in combining discharges a savings would included combining of operator Alaska, Texas, and parts of Louisiana result due to installation of fewer discharges for injection within fields, since all other coastal areas that have oil injection wells. the analysis showed that costs are not and gas activities currently practice zero For Cook Inlet significantly different if they are not discharge. * No geological formations are combined. This is because the high available for produced water injection For Texas and Louisiana costs of piping to join discharges closely except the producing formations. equal the costs of individual injection * Produced water would be injected * No geological formations are well installation. into Class II UIC injection wells. The available near or below the existing EPA also calculated capital costs of capacity of each Class II injection well onland separation/treatment facilities. produced water treatment on the basis is 5,000 BPD. Thus, the produced waters would be that produced water flows increase the * 90 percent of the injection wells required to be piped back to the same for oil as for gas wells. While would be converted from previously platforms for injection. producing wells or dry holes. * Pretreatment prior to injection produced water volumes from gas * If a discharge is greater than 108 consists of gas flotation and multimedia producing wells will generally not bpd (for water-based facilities) and 71 filtration. However, operators will use increase at the rate of 1.5, EPA did not bpd (for land-based facilities), then the existing equipment where it currently differentiate between the two. produced water would be injected exists, and no costs would be incurred EPA determined that no costs would onsite; if the discharge is less than those for such existing equipment. be attributed to zero discharge for flows then it would be more cost * During the development of this California, Florida, Alabama, certain effective to send the produced water proposal, industry provided EPA with parts of Louisiana, and the North Slope offsite to a commercial facility for information on reservoir plugging and of Alaska because operators in these injection. (EPA’s data from Texas and souring that may result from injecting areas are already practicing zero Louisiana coastal permits show that 77 produced water in the Cook Inlet. EPA, discharge of all produced waters. percent of the produced water in its cost analysis, included costs for For improved gas flotation, costs were discharges would inject on-site). the addition of chemicals that would be estimated based on an evaluation of this * For purposes of estimation, all added to the produced water being technology during development of the Texas separation/treatment facilities are injected to alleviate the scaling and Offshore Guidelines (58 FR 12463). located on land and all Louisiana hydrogen sulfide (H2S) formation Improved performance of gas flotation separation/treatment facilities are problems associated with injection in units includes improved operation and located over water. EPA is aware that this area. Such chemicals include maintenance of gas flotation treatment this is not entirely the case, i.e. some biocides and scale inhibitors. Annual systems and chemical pretreatment to facilities in Louisiana are located over workovers must also be performed on enhance system effectiveness. Costs are land and some Texas facilities are the injection wells. based on vendor-supplied data, industry located over water. In the absence of EPA believes that the cost estimates information, cost analyses conducted by specific location information on all of are conservative for a number of the Department of Energy, and EPA the 216 discharging facilities, EPA reasons. As discussed previously, EPA projections. Capital and O & M costs determined this to be a good determined costs to comply with a zero were applied specifically to the coastal approximation since the coastal discharge requirement in the Gulf of oil and gas operations using nine topography of Louisiana consists of Mexico based on the number of facilities modeled flows for land- and water- more extensive wetlands than that of that would be discharging after the access production facilities. From these Texas. (Location is an important factor expected date of promulgation for this nine modeled flows, EPA conducted when determining the cost of drilling an rule (July 1996). A total of 216 facilities regression analyses to derive cost injection well, and the cost of produced would still be discharging by then. equations that would vary based on water transportation. EPA’s state permit However, 28 of these facilities in flow. These equations were then applied data base shows that 24 percent of the Louisiana will be required to cease to the actual 216 discharging facilities to produced water discharges are in Texas discharging by January 1, 1997, because estimate costs on a site specific basis. and the separation/treatment facilities of the state water quality standard’s no Capital costs include equipment are therefore considered to be on land). discharge requirement. Taking this purchase, installation, and platform or * No pretreatment beyond BPT January 1997 requirement into account concrete pad (for land based operations) technology is required prior to injection as a portion of the baseline would retrofit. Operation and maintenance for land-based facilities because it is further reduce costs by 25 percent. costs are estimated to be 10 percent of more cost effective to perform downhole Furthermore, EPA’s cost estimates for capital costs. well workovers twice a year. zero discharge in the Gulf of Mexico are EPA solicits comments on these costs Pretreatment beyond BPT treatment based on sizing produced water and also information regarding the prior to injection consists of cartridge treatment equipment to accommodate longitude and latitude locations of Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9453 discharging produced water separation/ rulemaking record for the Offshore impacts for the proposed Option 4 treatment facilities in Texas. Guidelines. consist of incremental air emissions of The total annual cost of Option 4 for Option 4 is economically achievable approximately 2800 tons/year across the BAT control of produced water because, as the economic analysis entire subcategory. Given that an discharges from existing facilities is shows (in Section VII), total production average Gulf coast production facility estimated at $30.9 million (1992 dollars) losses in terms of oil production as a may alone produce approximately 188 for the entire coastal subcategory. $29.2 result of this proposed rule are expected tons/year of emissions, this option million of this total would be incurred to range between 1.0 percent and 1.7 would increase air emissions by about by operators in the Gulf Coast states of percent of total lifetime production for 13 percent. EPA considers this increase TX and LA in attaining zero discharge. both Cook Inlet and the Gulf. to be acceptable. A description of The remaining $2.3 million would be Additionally, only 2.4 percent of all estimated non-water quality impacts, incurred by Cook Inlet operators in current Gulf coastal wells (111 out of consisting of additional energy complying with the oil and grease 4675 current Gulf coastal wells) and no requirement and air emission created by limitations. EPA finds this cost to be Cook Inlet platforms are considered complying with the proposed economically achievable for the reasons likely to shut in as a result of this rule. requirements and other options being discussed later in Section VII of this These shut-in wells tend to be relatively considered are discussed in Section VIII preamble but are briefly summarized low-producing and marginal wells. At of this preamble and in more detail in here. Total production losses realized most, only 2.8 percent of the operators Chapter XIV of the Coastal Technical from this option are expected to total in the Gulf (12 of the estimated 435 Gulf Development Document. 15.2 million bbls over the lifetime of the coastal operators) might fail as a result d. Rationale for Selection of NSPS. wells and platforms subject to this rule of a zero discharge requirement and no For NSPS control of produced water which equals up to 1.7 percent of total firm failure is expected in Cook Inlet, as discharges from new sources, EPA is lifetime production for the Gulf and a result of meeting oil and grease limits proposing the ‘‘Zero Discharge All’’ Cook Inlet combined. The net present of 29 mg/l 30-day average and 42 mg/ (Option 5) prohibiting discharges of value losses of producer income l daily maximum for produced water. produced water from all new sources. associated with this decrease in (The range of firm failures in the Gulf Option 5 is economically achievable for production is $153.2 million. A total of is actually 0-12, but because data were the reasons discussed in the economic 111 wells in the Gulf coast area (2.4 not available to rule out the possibility impact analysis and in Section VII, percent of all current Gulf coast wells) of failures, EPA assumed possible and no Cook Inlet platforms are failures to be actual failures.) The below. This NSPS option is estimated to considered likely to shut in immediately ‘‘average’’ Gulf coastal firm does not cost approximately $4.5 million when this proposal becomes final. discharge produced water and coastal annually for the entire coastal Furthermore, a maximum of 12 Gulf firms are expected to face average subcategory. This cost would be operators might fail as a result of this (medium) declines in equity or working incurred only by Gulf Coast operators BAT option (2.8 percent of the current capital of 0 percent. Of the 122 where EPA estimates that approximately Gulf operators). No company failures are discharging firms, average (medium) 6 new production facilities will be expected in Cook Inlet. This option declines in equity or working capital of constructed per year. No new sources would reduce the pollutant loading 0.37 percent and 2.63 percent, are expected in the Cook Inlet (See from this wastestream by 4.3 billion respectively, are expected to occur. Section VII). However, were new pounds per year. These impacts, combined with the fact sources to be installed in Cook Inlet, the c. Rationale for Selection of BAT. that most Gulf coastal operators (72 preferred NSPS option of zero discharge EPA proposes Zero Discharge; Cook percent) will not be discharging by is not expected to cause a barrier to Inlet Improved Gas Flotation Option 4: 1996, show Option 4 to be economically entry because new project operations as BAT for produced water. This option achievable. would still be quite profitable. For a prohibits discharges of produced water Option 5, zero discharge all was not new source, EPA estimates that the from all coastal facilities, except for selected based on the unacceptable decline in internal rates of return would those facilities located in Cook Inlet. economic impacts estimated for the only be reduced from 39 to 37 percent Coastal facilities in Cook Inlet would be Cook Inlet operators. EPA’s economic and therefore would not be likely to required to comply with the oil and analysis shows that 3 of 13 platforms affect the decision to undertake a new grease limitations (29 mg/l 30-day would be ‘‘shut-in’’ or closed down and project. In addition, the impact on Net average, 42 mg/l daily maximum) based believes that this economic impact is Present Value from the zero discharge on improved operating performance of unacceptable in Cook Inlet. EPA did not requirement (2.9 percent) is not gas flotation. EPA has determined this select the ‘‘Flotation All’’ or ‘‘BPT All’’ substantially different from the impacts option to be economically achievable options as preferred because they, on Net Present Value from the proposed and technologically available, and that applied industry-wide, do not represent BAT option for Cook Inlet platforms (2.4 it reflects the BAT level of control. BAT or NSPS level of control. As stated percent). Thus existing and new Zero discharge is technologically previously, all coastal operations in platforms would face similar impacts on available because injection of produced California, Alabama, Florida, some parts Net Present Value and Internal Rate of water is currently ongoing in much of of Louisiana and the North Slope of Return. In addition, as discussed in the coastal subcategory at the present Alaska do not discharge produced Section VIII, EPA has determined the time and adequate geological formations water, but inject their produced water non-water quality environmental exist to accept produced water. By 1996, underground either to comply with impacts to be acceptable for the NSPS 72 percent of the facilities in the Gulf permit limitations or to enhance option for produced water. Total region will be meeting zero discharge. hydrocarbon recovery. EPA has incremental emissions from the The oil and grease limit applicable to therefore concluded that control options proposed option is approximately 64 Cook Inlet is technologically available based on the continued discharge of tons/year for NSPS. As a comparison, an for the reasons discussed elsewhere in produced water in all areas of the average Gulf coast production facility this preamble, the record for this rule, country do not represent BAT or NSPS. may produce approximately 188 tons/ as well as in cited portions of the Non-water quality environmental year of emissions. EPA considers this 9454 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules increase in non-water quality impacts to for new sources that are equal to NSPS production, formation type, and well be acceptable. are economically achievable and completion methods. Maximum technologically available for PSNS and produced sand volumes (out of these 10 8. PSES and PSNS Options Selection that the non-water quality sites) was 400 bpy per production Based on the 1993 Coastal Survey and environmental impacts are acceptable. facility. The 1993 Coastal Survey results other information reviewed as part of showed that average volumes of C. Produced Sand this rulemaking, EPA has not identified produced sand ranged from 36 to 94 bpy any existing coastal oil and gas facilities 1. Waste Characterization per facility. Additional discussion of which discharge produced water to produced sand is presented in the publicly owned treatment works Produced sand consists primarily of the slurried particles that surface from Coastal Technical Development (POTWs), nor are any new facilities Document. projected to direct their produced water hydraulic fracturing and the discharge in such manner. However, accumulated formation sands and other 2. Selection of Pollutant Parameters because EPA is proposing a limitation particles (including scale) generated EPA is proposing to control all requiring zero discharge for those during production. Produced sand is pollutants present in produced sand by existing facilities, there is the potential generated during oil and gas production prohibiting discharge of this that some facilities may consider by the movement of sand particles in wastestream. discharging to POTWs in order to avoid producing reservoirs into the wellbore. the BAT and /or NSPS limitations. The generation of produced sand 3. Control and Treatment Technologies Pretreatment standards for produced usually occurs in reservoirs comprised No effluent limitations guidelines water are appropriate because EPA has of geologically young, unconsolidated have been promulgated for discharges of identified the presence of a number of sand formations. The produced sand produced sand in the coastal toxic and nonconventional pollutants, wastestream is considered a solid and subcategory. The final NPDES permits many of which are incompatible with consists primarily of sand and clay with for Texas, Louisiana, and the existing the biological removal processes at varying amounts of mineral scale and state NPDES permits for Alabama POTWs. Large concentrations of corrosion products. This waste stream contain a zero discharge limit for dissolved solids in the form of various may also include sludges generated in produced sand. salts in the produced water cause the the produced water treatment system, Data from the 1993 Coastal Oil and discharge to POTWs to be incompatible such as tank bottoms from oil/water Gas Questionnaire indicate that the with the biological treatment processes separators and solids removed in predominant disposal method for because these ‘‘brines’’ can be lethal to filtration. produced sand is landfarming, with the organisms present in the POTW Produced sand is carried from the underground injection, landfilling, and biological treatment systems. (See the reservoir to the surface by the fluids onsite storage also taking place to some Coastal Technical Development produced from the well. The well fluids degree. Because of the cost of sand Document for detailed information on stream consists of hydrocarbons (oil or cleaning, in conjunction with the produced water characterization.) EPA gas), water, and sand. At the surface, the difficulties associated with cleaning does not have sufficient data for production fluids are processed to some sand sufficiently to meet existing conducting a pass through analysis for segregate the specific components. The permit discharge limitations, operators reasons discussed further in the Coastal produced sand drops out of the fluids use onshore (onsite or offsite) or Technical Development Document. EPA stream during the separation process downhole disposal. In fact, only one solicits data and comment on this and accumulates at low points in operator was identified in the 1993 particular issue. equipment. Produced sand is removed Coastal Oil and Gas Questionnaire as EPA is proposing to require primarily during tank cleanouts. discharging produced sand in the Gulf pretreatment standards for existing and Because of its association with the of Mexico, but this operator also stated new sources (PSES and PSNS, hydrocarbon stream during extraction, that it planned to cease its discharge in respectively) that would prohibit the produced sand is generally the near future. All Cook Inlet operators discharge of produced water. The contaminated with crude oil or gas submitted information stating that no technology basis for compliance with condensate. produced sand discharges are occurring PSES and PSNS would be the same as Produced sand samples were obtained in this area. that for BAT and NSPS zero discharge during EPA’s sampling visits to 10 limits. The cost projections for both production facilities. Analysis of these 4. Options Considered and Rationale for PSES and PSNS are considered to be samples showed oil and grease Options Selection zero since no existing sources discharge concentrations of 205 g/Kg. All toxic The only option considered is zero to POTW’s and there are no known metals were present except silver, with discharge of produced sands. Because plans for new sources to be installed in most notable contributions from copper current industrial practice for the locations amenable to sewer hookup. (32.15 mg/Kg) and lead (171.94 mg/Kg). coastal subcategory is predominately Also, because no facilities are Naturally Occurring Radioactive zero discharge, EPA considered this the discharging to POTW’s EPA proposes Material (NORM) was present at an appropriate option for this wastestream. that PSES and PSNS requiring zero average of 8.9 pCi/g in the samples The zero discharge requirement would discharge be effective as of the effective which were taken from coastal facilities eliminate the discharge of toxic date of this rule. Because zero discharge in the Gulf of Mexico. Toxic organics pollutants present in produced sand. for new sources is economically present were similar to those found in Because the industry practice of zero achievable, the costs of complying with produced water including benzene, discharge is already so widespread, the zero discharge would not be a barrier to ethylbenzene, xylene, toluene, zero discharge limitation will result in entry. Non-water quality environmental propanone and phenanthrene. All 10 minimal increased cost to the industry. impacts would be similar to those for sites disposed of the produced sands at EPA is proposing to set BPT, BCT, new sources, which EPA has found to commercial facilities. Produced sand BAT and NSPS equal to zero discharge be acceptable. Thus, EPA has volumes vary from well to well and are for produced sand. EPA has determined determined that pretreatment standards a function of produced water that zero discharge reflects the BPT, Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9455 BCT, BAT and NSPS levels of control Development Document) during which equipment and deck space exposed to because, as it is widely practiced samples were taken of untreated deck stormwater or washwater are throughout the industry, it is both drainage. Eight of the toxic metals were surrounded with berms or collars. These economically achievable and detected, most notably lead (ranging in berms capture the deck drainage where technologically available. Zero concentration from 25 - 352 ug/l) and it flows through a drainage system discharge for NSPS would not cause a zinc (ranging in concentration from leading to a sump tank. Initial oil/water barrier to entry because, since it is equal 2970–6980 ug/l). Priority organics were separation takes place in the sump tank to current practice, it will impose no also present including benzene, xylene, which is generally located beneath the cost. Zero discharge will have negligible naphthalene and toluene. Other deck floor or underground at land-based economic impacts on the industry. As nonconventional pollutants found in operations. Effluent from the sump tank zero discharge reflects current practice, deck drainage include aluminum, may be directed to a skim pile, where there are negligible incremental non- barium, iron, manganese, magnesium additional oil/water separation occurs. water quality environmental impacts and titanium. (The skim pile is essentially a vertical from this option. Since proposed BCT The content and concentrations of bottomless pipe with internal baffles to would be set equal to the proposed BPT, pollutants in deck drainage can also collect the separated oil.) there is no cost of BCT incremental to depend on chemicals used and stored at The deck drainage treatment system is BPT. Therefore, this option passes the the oil and gas facility. An additional a gravity flow process, and the treatment BCT cost reasonableness tests. study on deck drainage from Cook Inlet tanks generally do not require a power The technology basis for compliance platforms, reviewed during source for operation. Thus, deck with PSES and PSNS is the same as that development of the Offshore Guidelines, drainage generated at operations located for BAT and NSPS. EPA proposes showed that discharges from this in powerless, remote situations, (such as pretreatment standards for produced wastestream may also include paraffins, satellite wellheads) can be effectively sands equal to zero discharge because, sodium hydroxide, ethylene glycol, treated. like drilling fluids and cuttings, their methanol and isopropyl alcohol. The difficulties in obtaining a high solids content would interfere with (Dalton, Dalton, and Newport, representative sample of deck drainage POTW operations. Because EPA is not Assessment of Environmental Fate and effluent (due to their submerged or aware of any produced sands being sent Effects of Discharges from Oil and Gas underground location) preclude the use to POTWs, this requirement is not Operations, March 1985.) of the static sheen test for this wastestream. Thus, free oil is measured expected to result in operators incurring 2. Selection of Pollutant Parameters costs. Zero discharge for PSNS would by the visual sheen test. Deck drainage not cause a barrier to entry for the same EPA has selected free oil as the treatment is discussed in more detail in reasons as discussed above for NSPS. pollutant parameter for control of deck the Coastal Technical Development There are no additional non-water drainage. The specific conventional, Document. quality environmental impacts toxic and nonconventional pollutants b. Additional Technologies associated with this requirement found to be present in deck drainage are Considered. because it reflects current practice. those primarily associated with oil, with EPA knows of no additional the conventional pollutant oil and technologies for the treatment of deck D. Deck Drainage grease being the primary constituent. In drainage. However, EPA, as described in 1. Waste Characterization addition, other chemicals used in the the proceeding section, has determined drilling and production activities and that deck drainage could in some Deck drainage consists of stored on the structures have the circumstances be commingled with contaminated site and equipment runoff potential to be found in deck drainage. either produced water or drill fluids and due to storm events and wastewater EPA believes that an oil and grease thus, could become subject to the resulting from spills, drip pans, or limitation together with incorporation of limitations imposed on these major washdown/cleaning operations, site specific Best Management Practices, wastestreams. EPA has also considered including washwater used to clean as required under the stormwater requiring best management practices working areas. Deck drainage is program and as discussed below, will (BMPs) on either a site-specific basis or generated during both the drilling and control the pollutants in this as part of the Coastal Guidelines (See production phases of oil and gas wastestream. discussion under part 6.b. in this operations. Currently, approximately The specific conventional, toxic, and Section). 11.5 million bpy of deck drainage are nonconventional pollutants controlled 4. Options Considered discharged by facilities in the coastal by the prohibition on the discharges of subcategory. EPA estimates that 112,000 free oil are the conventional pollutant EPA has developed two options for pounds of oil and grease are discharged oil and grease and the constituents of oil the control of deck drainage. These are in this wastestream annually. In that are toxic and nonconventional (1) establish limitations equal to BPT; or addition to oil, various other chemicals pollutants (see previous discussion in (2) establish limitations for the ‘‘first used in drilling and production (actual Section VI.B. describing the chemical flush’’ of deck drainage equal to those hydrocarbon extraction) operations may constituents of oil). EPA has determined for the major wastestreams it can be be present in deck drainage. Limited that it is not technically feasible to commingled with, and limitations equal treated effluent data are available for control these toxic pollutants to BPT after the first flush. this wastestream, however, EPA has specifically, and that the limitation on In addition to BPT technology identified the presence of organic and free oil in deck drainage reflects control described above, EPA examined metal priority pollutants in deck of these toxic pollutants at the BAT and additional treatment control options drainage. EPA’s analytical data for deck BADCT (NSPS) levels. based on current industrial practices. drainage comes from the data acquired The 1993 Coastal Oil and Gas during the development of the Offshore 3. Control and Treatment Technologies Questionnaire as well as the industry Guidelines. EPA conducted a three a. Current Practice. site visits reveal that deck drainage is facility sampling program (described in BPT limitations for deck drainage often commingled with produced waters Section V of the Offshore Technical prohibit the discharge of free oil. All prior to discharge or injection. Because 9456 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules of this practice, EPA investigated an total currently discharged) resulting in to separation tanks below the deck floor. option requiring capture of the ‘‘first the removal 82,000 pounds per year of However, the problems associated with flush’’, or most contaminated portion of, oil and grease. capture and treatment beyond gravity deck drainage. Depending on whether feed, power independent systems, are 5. BCT Option Selection the deck drainage is generated from compounded by the possibilities of drilling or production (actual EPA conducted the BCT cost test back-to-back storms which, may cause hydrocarbon extraction) operations, this (described previously in Section VI) for first flush overflows from an already full first flush would be subject to the same the two deck drainage options. The first 500 bbl tank. In addition, tanks the size limitations as would be imposed on flush option did not pass the POTW cost of 500 barrels are too large to be placed either produced water or drilling fluids test. The result of this test analysis under deck floors. Installation of a 500 and cuttings based on the assumption ranged from $2.13 to $3.45 per pound, bbl tank would require construction of that these two wastestreams could be and to pass the test, this value must be additional platform space, and the commingled. Thus, for deck drainage less than $0.534 per pound. installation of large pumps capable of during production, EPA considered as Thus, EPA has selected BPT, or a pumping sudden and sometimes large an option zero discharge for the first limitation prohibiting the discharge of flows from a drainage collection system flush everywhere except in Cook Inlet, free oil as the BCT limit, for deck up into the tank. The additional deck where oil and grease limitations would drainage. This is a no-cost option space would add significantly, apply. Zero discharge would be required because it reflects current practice. It is especially for water-based facilities, to for the first flush captured at drilling cost reasonable under the BCT cost test the cost of this option. Further, many operations everywhere. After capturing because the POTW test result and the coastal facilities are unmanned and the first flush, BPT limitations would industry cost-effectiveness test results have no power source available to them. apply to any remaining deck drainage at are both zero (and therefore pass their Deck drainage can be channelled and either production or drilling operations. respective tests). treated without power under the BPT Capture of all of deck drainage to meet 6. Rationale for Selection BAT, NSPS, limitations. Capturing deck drainage at drilling zero discharge requirements would be PSES and PSNS impractical due to relatively heavy operations poses additional technical precipitation that occurs in the Gulf a. Cost. difficulties. Drilling operations on land areas. No costs are incurred by compliance may involve an area of approximately EPA considered employing a 500 with the option to require BPT limits for 350 square feet. A ring levee is typically barrel tank to capture the first flush. A deck drainage. Costs to comply with the excavated around the entire perimeter of tank of this size would be installed at first flush option for operations in the a drilling operation to contain production facilities, and would provide Gulf of Mexico would be approximately contaminated runoff. This ring levee enough storage capacity to capture most, $13.5 million per year. This includes may have a volume of 6,000 bbls, if not all, of the rainfall generated the costs for both production and sufficient to contain 500 bbls of the first during a 3.5 inch rainfall event at an drilling operations to comply with a flush. However, collection of these 500 average size facility. Tanks smaller than zero discharge requirement for the first bbls when 6,000 bbls may be present in 500 bbls would not be large enough to flush followed by BPT for any the ring levee would not effectively effectively capture the first flush of remaining discharge after that. Costs to capture the first flush. Costs to install a contaminated drainage. Tanks larger comply with this option for the Cook separate collection system including than this would be too costly to install. Inlet would be approximately $699,000 pumps and tanks, would add A 3.5 inch, 24 hour rainfall event would per year. This includes the costs of significantly to the cost of this option. generally only be exceeded once per treating the first flush of deck drainage While costs are significant, the year in southern Louisiana (the coastal with produced water to meet oil and technological difficulties involved with area receiving the most rainfall), and at grease limitations of 29 mg/l 30-day adequately capturing deck drainage at most, two to three times. After average, and 42 mg/l daily maximum, coastal facilities is the principal reason collection, the 500 barrels (or less followed by BPT for any remaining why this option was not selected. EPA depending on the size storm event) of discharge after that. Total costs for this has selected the option requiring no deck drainage would be directed option would be approximately $14.2 discharge of free oil for BAT and NSPS through the produced water treatment million per year. control of deck drainage. EPA has and would be subject to the same b. Rationale for Selection of BAT and determined that these limitations and limitations as required for produced NSPS. standards properly reflect BAT and water. EPA has selected BPT as its preferred NSPS levels of control. EPA did not For drilling operations, the first 500 option for BAT and NSPS for deck identify any other available technology barrels would be subject to zero drainage. Since free oil discharges are for this waste stream. EPA solicits discharge. The basis for this already prohibited under BPT, there are comments on the existence and requirement would be that the deck no incremental compliance costs, practicality of treatment systems other drainage would be directed to on-site pollutant removals, or non-water quality than BPT. drilling waste collection vessels or environmental impacts associated with EPA’s proposed option does not levees where they would be sent off-site this control option. Since this preferred include best management practices for commercial disposal. option limits free oil equal to existing (BMPs) for this wastestream as part of After collection and treatment of the BPT standards, it is technologically these guidelines. EPA currently believes first 500 bbls of deck drainage, any available and economically achievable. that current industry practices, in remaining discharge would be subject to EPA has rejected the first flush option conjunction with the requirements as the BPT limitations on free oil as for control of deck drainage for several proposed in the proposed general measured by the visual sheen test. reasons primarily relating to whether stormwater rule (58 FR 61262-61268, The first flush option for deck this option is technically available to November 19, 1993), would be sufficient drainage is estimated to eliminate operators throughout the coastal to minimize the introduction of discharge of more than 9 million bpy of subcategory. Deck drainage is currently contaminants to this wastestream to the deck drainage (about 78 percent of the captured by drains and flows via gravity extent possible. These stormwater Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9457 requirements, if promulgated as E. Treatment, Workover, and metals, and 417 lbs of toxic organics are proposed, would require an oil and gas Completion Fluids being discharged annually in the Gulf of Mexico. In addition, approximately 3.4 operator to develop and implement a 1. Waste Characterization site-specific storm water pollution million pounds of nonconventionals are prevention plan consisting of a set of Well treatment, workover, and being discharged including boron, BMP’s depending on specific sources of completion fluids are primarily calcium, cobalt, iron, manganese, pollutants at each site. As noted in the generated during production. Well molybdenum, tin, vanadium, and treatment and workover fluids are stormwater proposal, the two types of yttrium. inserted downhole in a producing well BMP’s most effective in reducing storm to increase a well’s productivity or to 2. Selection of Pollutant Parameters water contamination are to minimize allow safe maintenance of the well. Where zero discharge would be exposure (e.g., covering, curbing, or Completion fluids are also inserted required, EPA would be regulating all diking) and treatment type BMP’s which downhole after a well has been drilled, conventional, toxic, and non- are used to reduce or remove pollutants and serve to clean the wellbore, and conventional pollutants found in well in storm water discharges (e.g., oil/water maintain pressure prior to production. treatment, completion and workover separators, sediment basins, or In most operations, these fluids fluids. detention ponds). resurface once production is initiated In Cook Inlet, where discharge would EPA solicits comment as to whether and can either be reused, or must be be allowed under Option 2, the BMPs should be required for deck disposed of. parameter ‘‘oil and grease’’ would be drainage as part of the Coastal According to results obtained in the regulated as an indicator for toxic Guidelines. Such BMPs may include (1) 1993 Coastal Oil and Gas Questionnaire, pollutants. EPA has data indicating that segregation of deck drainage from oil EPA estimates that approximately the control of oil and grease will control leaks from pump bearings and seals by 275,000 bbls (205,000 and 70,000 bpy of certain toxic pollutants (including using drip pans and other collection treatment/workover and completion phenol, naphthalene, ethylbenzene, fluids respectively) or these fluids are toluene and zinc) as discussed in the devices, (2) segregation of contaminated discharged annually from coastal oil Offshore Technical Development process area deck drainage and runoff and gas operations in Texas and Document. As presented in Section VI from relatively uncontaminated runoff Louisiana. This amounts to an average of the Offshore Technical Development from areas such as living quarters, and of 587 bbls of treatment and workover Document when discussing the walkways, (3) installation of roofs and fluids discharged per year, per well, prohibitions on the discharge of free oil, sheds to divert uncontaminated rainfall from approximately 350 wells. For removal of oil from the discharge from areas with a high potential for completion fluids, this amounts to an effectively removes certain toxic generating contaminated runoff, (4) average of 209 bbls discharged per year pollutants. Free oil is considered to be careful handling of drilling fluid per well from 334 wells. The 1993 ‘‘indicator’’ for the control of specific materials and treatment chemicals to Questionnaire also provides information toxic pollutants present in complex prevent spills, (5) use of local showing that treatment, workover and hydrocarbon mixtures. These pollutants containment devises such as liners, completion fluids discharged are include benzene, toluene, ethylbenzene, dikes and drip pans where chemicals commingled with the produced water in naphthalene, phenanthrene, and are being unpackaged and where wastes Texas and Louisiana prior to injection phenol. are being stored and transferred. or discharge. Florida, Alabama and Under EPA’s proposed BCT limits, North Slope coastal oil and gas applicable to conventional pollutants, 7. PSES and PSNS operators do not discharge these fluids. EPA would prohibit the discharge of EPA is proposing to limit PSES and Based on the 1993 Coastal Oil and Gas ‘‘free oil,’’ as determined by the static PSNS for deck drainage as zero Questionnaire and EPA’s Region X sheen test. EPA would prohibit discharge. EPA believes that zero Discharge Monitoring Reports discharge of ‘‘free oil’’ as a surrogate for discharge for PSES and PSNS is (described in Section V) all Cook Inlet control over the conventional pollutant preferable to establishing a limit equal operators commingle these fluids with ‘‘oil and grease’’ in recognition of the to BPT because generally slugs of deck produced water for treatment prior to complex nature of the oils present in discharge. drilling fluids, including crude oil from drainage would interfere with biological The composition of the discharges is the formation being drilled. treatment processes at POTW’s. This is highly dependent on the fluid’s As will also be discussed below, EPA discussed further in the Coastal purpose, but they generally consist of has determined that it is not feasible to Technical Development Document. In acids (in the case of treatment) or regulate separately each of the addition, EPA did not have sufficient weighted brines (for workover of constituents in these fluids because data to conduct a pass through analysis completion). The principal pollutant in these fluids in most instances become of the pollutants found in deck drainage these fluids is oil and grease ranging in part of the produced water wastestream for the reasons discussed further in the concentration from 15–722mg/l. Total and take on the same characteristics as Coastal Technical Development suspended solids, another major produced water. Due to the variation of Document. EPA solicits comments and constituent in these fluids, is present in types of fluids used, the volumes and data on this issue. Moreover, technical concentrations ranging from 65 to 1600 their correspondingly variable difficulties associated with capture of mg/l. Prominent priority metals that constituent concentrations, EPA deck drainage that make it difficult to exist in these wastes include chromium, believes it is impractical to measure and require limitations other than the BPT, copper, lead, and zinc. Priority organics control each individual parameter. no free oil limit makes it unlikely that are also present including acetone, While the oil and grease and, in this wastestream would be sent to benzene, ethylbenzene, xylene, toluene, certain instances, the no free oil POTW’s. EPA solicits comment on and naphthalene. limitations limit the discharges of toxic whether it would be possible for EPA estimates that, approximately and conventional pollutants found in collection of deck drainage and 22,000 pounds of oil and grease, 50,000 well treatment, completion and transmission to a POTW to occur. pounds of TSS, 292 pounds of toxic workover fluids, certain other pollutants 9458 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules are not controlled. EPA proposes to priority toxic pollutants and an remaining 45 facilities would each exercise its discretion not to regulate additional 3.4 million pounds of generate approximately 800 bbls of these pollutants because EPA has not nonconventional pollutants. For NSPS, treatment, workover and completion detected them in more than a very few EPA would require zero discharge fluids per year. Costs to meet zero of the samples within the subcategory everywhere, including Cook Inlet. This discharge, based on commingling these and the pollutants when found are would remove annually 9,400 pounds of fluids with produced water or directing present in trace amounts not likely to conventionals, 92 pounds of priority them separately to commercial disposal cause toxic effects. This is consistent toxic pollutants and an additional facilities, are estimated to be with EPA’s findings in the Offshore 440,000 pounds of nonconventional approximately $520,000 per year over Guidelines. (See EPA’s data base for pollutants. EPA is not applying a the next 15 years. These costs are only these fluids in the Coastal Technical separate cost in Cook Inlet to comply for the Gulf coast operations. No new Development Document). with this option because these costs are sources are expected to be installed in already included in the costs of Cook Inlet. 3. Control and Treatment Technologies complying with the produced water Current practice in the control of option for Cook Inlet (oil and grease 5. Rationale for Selection of Proposed discharges from these fluids is to meet limits of 29 mg/l 30-day average/42 mg/ Regulations the BPT limitations of no free oil (using l daily maximum). a. BCT, BAT, and NSPS. the visual sheen test). EPA’s final However, for the Gulf, costs attributed EPA is proposing to establish BCT general permit applicable to the to this option would be operating and limitations equal to BPT, prohibiting the discharges from coastal oil and gas maintenance costs associated with discharge of free oil in well treatment, drilling operations in Texas and commingling with produced water and workover, and completion fluids. Louisiana further prohibits discharges of on-site injection, or hauling off-site to a Compliance with this limitation would treatment, workover and completion commercial disposal facility if be determined by the static sheen test. fluids to freshwater areas. Methods for commingling is not possible. In costing Since BPT reflects current practice, this treatment and discharge, reuse or this option for the Gulf, EPA estimated proposed BCT limitation is cost disposal include: that 77 percent of treatment, workover reasonable under the BCT cost test. * Treatment and disposal along with and completion fluids currently being Based on the available data regarding the produced water discharged would be commingled with the levels of conventional pollutants * Neutralization for pH control and produced water. This estimate comes present in these wastes, EPA did not discharge to surface waters from information indicating that 77 identify any other options which would * Reuse percent of produced water discharges pass the BCT cost test other than * Onshore disposal and/or treatment are flows greater than 110 bpd (See establishing BCT equal to the existing and discharge in coastal or offshore Section VI) and would be disposed of by BPT limits. Additional information areas. onsite injection because flows greater regarding the results of the BCT cost test than 110 bpd will be large enough to 4. Options Considered for these wastes is presented in the accommodate the introduction of Coastal Technical Development EPA has considered two options for treatment, workover and completion Document. There are no costs or non- the treatment of treatment, workover, fluids without fouling the produced water quality environmental impacts and completion fluids. These are (1) water treatment system. The other 23 associated with this proposed BCT Prohibit the discharges of free oil (equal percent are less than 110 bpd and limitation and, since it is equal to BPT, to the BPT limits) and prohibit the therefore it would be more cost effective it is technologically available and discharges of these fluids to freshwaters to send the produced waters off-site for economically achievable. of Texas and Louisiana, (2) Limit the disposal rather than install an injection discharges equal to EPA’s preferred well. (See the Coastal Technical EPA is co-proposing both options options for produced waters. For Development Document, Section XII). considered for well treatment, produced water BAT limits, EPA is Based on these estimates, EPA workover, and completion fluids for proposing zero discharge everywhere calculated the costs of compliance with BAT and NSPS. EPA has determined except Cook Inlet, where the proposed Option 2. These costs included that both options are technologically produced water control option is to operating and maintenance costs on a and economically achievable and have meet limitations on oil and grease of 42 dollar per bbl basis for on-site acceptable non-water quality impacts. mg/l daily maximum and 29 mg/l 30- commingling and injection with However, due to the high cost day average. For NSPS, PSES, and produced water, and costs of effectiveness results for Option 2 PSNS, EPA is proposing zero discharge transportation and disposal for (requiring the same limitations as everywhere for produced water. commercial disposal. The BAT limits proposed for produced water) a There are no additional costs to would cost approximately $610,000 preferred option has not been selected. comply with Option 1 because it reflects annually in the Gulf. EPA solicits comment on the the current requirements imposed on Costs for NSPS requiring zero appropriateness of either option. Option the industry. discharge for treatment, workover and 1, which would prohibit the discharge Option 2 would require for BAT, that completion fluids were calculated based of free oil and prohibit the discharge of zero discharge be met for treatment, on EPA’s estimate that 187 new wells treatment, workover and completion of completion, and workover fluids for all will be drilled per year in the Gulf Coast fluids to freshwaters of Texas and areas except the Cook Inlet, where (this estimate was obtained from the Louisiana, reflects current regulatory operators are currently commingling 1993 Coastal Oil and Gas Questionnaire requirements and thus will incur no these wastes with produced water, and results). Of these 187, EPA estimated additional compliance costs, economic would be required to meet oil and that 76 percent (142 facilities) would be or non-water quality environmental grease limitations of 29 mg/l 30-day located in Louisiana freshwaters and impacts. This option would result in no average and 42 mg/l daily maximum. would not discharge due to state water incremental removal of pollutants from This would annually remove 72,000 quality standards (this estimate is also this wastestream beyond the existing pounds of conventionals, 709 pounds of based on the Questionnaire results). The BPT requirements. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9459 Option 2 would require for BAT zero facilities, EPA is conservatively This is because their chemical discharge of treatment, completion, and estimating costs of the Option 2 NSPS composition, like produced water, tends workover fluids except for Cook Inlet, assuming all of these fluids would be to be high in total dissolved solids where EPA would establish oil and directed to new production facilities for which may interfere with POTW grease limitations of 29 mg/l 30-day treatment and disposal (or be treated on- operations. EPA did not have sufficient average, 42 mg/l daily maximum. For site at the new source). For the Gulf, the data, however, to conduct a pass- NSPS, this option would require zero NSPS requirements under this Option 2 through analysis for the pollutants discharge of all treatment, completion, would be the same as those for BAT, contained in this wastestream. Both and workover fluids from all new thus costs would either be equal to BAT, interference and pass-through are sources. or less than BAT since new sources can discussed further in the Coastal Zero discharge is being achieved by more efficiently design their facilities to Technical Development Document. EPA many operators (except those in Texas, comply with zero discharge. Costs for solicits comments on these issues. Zero saline waters of Louisiana, and Cook new sources in the Gulf generating discharge for NSPS would not pose Inlet) for the treatment, workover, and treatment, workover and completion barrier to entry for the same reason as completion fluids wastestream. The fluids to meet zero discharge would be discussed under NSPS for this technology basis for zero discharge is approximately $520,000 per year which wastestream. commingling this wastestream with is negligible in relation to annual EPA solicits comments on both the produced water or sending it separately production revenue from Gulf coastal occurrence of treatment, workover and to off-site commercial disposal facilities. operators. completion fluid discharges into For Cook Inlet, this option, which also For Cook Inlet, costs to meet Option POTW’s and the appropriateness of contains allowable discharge limitations 2 requirements for treatment, workover pretreatment standards requiring zero is based on commingling with produced and completion fluids are included in discharge for this wastestream. water, because commingling of these the cost analysis for produced water F. Domestic Wastes wastestreams is currently occurring in because current practice there is this area. The specific oil and grease commingling of these wastestreams (See Domestic wastes result from limits proposed are technologically Section VI.E.). While EPA does not laundries, galleys, showers, etc. available for the same reasons they are anticipate any new sources to be Detergents are often part of this available for control of produced water, constructed in Cook Inlet, and therefore wastestream. Waste flows may vary as discussed above. has not attributed any costs to NSPS, the from zero for intermittently manned The zero discharge limitation would NSPS would not cause a significant facilities to several thousand gallons per eliminate all discharges of toxic, barrier to entry. These impacts are only day for large facilities. conventional, and nonconventional a small incremental increase over the The conventional pollutant of concern pollutants. The oil and grease limits impacts resulting from the controls on in domestic waste is floating solids. The would be technologically based on produced water and drilling fluids and BPT limitations for deck drainage are no improved gas flotation performance (See cuttings. Finally the non-water quality discharge of floating solids. To comply Section VI.B. of this preamble) and environmental impacts of this Option 2 with this limit, domestic waste is serve to limit the discharge of toxic and are believed to be acceptable, because ground up so as not to cause floating conventional pollutants to surface like their volumes, they are relatively solids on discharge. EPA is proposing to waters. small (See Section VIII of this preamble) limit floating solids as well for BCT and Zero discharge for treatment, as discussed below. NSPS. In addition, EPA is proposing to workover and completion fluids in Cook Option 2 would result in the removal prohibit discharges of foam for BAT and Inlet was not selected for this BAT of 3.9 million pounds of conventional, NSPS. Foam is a nonconventional option because these fluids are toxic and non-conventional pollutants pollutant and its limitation is intended commingled with produced water as an annually (a total of 2140 in toxic pound to control discharges that include integral part of their operations, and equivalents). However the amount of detergents. because zero discharge for produced toxic priority pollutants removed is EPA is also proposing to limit water was determined to be approximately 0.02 percent of this total. discharges of garbage as included in uneconomical for Cook Inlet operators. The annual compliance costs of $1.1 U.S. Coast Guard regulations at 33 CFR The costs to meet Option 2 for BAT million (for BAT and NSPS combined) Part 151. These Coast Guard regulations ($610,000) are relatively minimal since to remove 800 pounds of priority toxic implement Annex V of the Convention this amount is negligible in comparison pollutants indicates that this option is to Prevent Pollution from Ships to total annual production revenue from not cost effective. (See also EPA’s cost (MARPOL) and the Act to Prevent Gulf coastal operations. effectiveness analyses entitled Cost Pollution from Ships, 33, U.S.C. 1901 et Costs to achieve zero discharge Effectiveness Analysis of Effluent seq. (The definition of ‘‘garbage’’ is everywhere for Option 2 NSPS are Limitations Guidelines and Standards included in 33 CFR 151.05). expected to be negligible. Out of the 187 for the Coastal Oil and Gas Industry The pollutant limitations described new wells that will be drilled in the found in the rulemaking record for this above for domestic wastes are all Gulf Coast, 76 percent will not proposal). technologically available and discharge these fluids in freshwaters EPA is soliciting comments on economically achievable and reflect the because of water quality standards whether the volumes of treatment, BCT, BAT and NSPS levels of control. requirements. The remaining 45 workover and completion fluids Under the Coast Guard regulations, facilities will each generate removed by these options are discharges of garbage, including approximately 800 bbls of treatment, deminimus, and on the applicability, plastics, from vessels and fixed and workover and completion fluids per achievability and practicality of both floating platforms engaged in the year (estimates of volumes from the Options 1 and 2. exploration, exploitation and associated 1993 Coastal Oil and Gas b. PSES and PSNS. offshore processing of seabed mineral Questionnaire). While some of these Pretreatment standards for treatment resources are prohibited with one fluids may be directed for treatment and workover and completion fluids are exception. Victual waste (not including disposal to existing production being proposed equal to zero discharge. plastics) may be discharged from fixed 9460 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules or floating platforms located beyond 12 NPDES general permits for coastal VII. Economic Analysis nautical miles from nearest land, if such facilities also impose limits on the A. Introduction waste is passed through a screen with discharge of TSS, fecal coliform count, openings no greater than 25 millimeters BOD and floating solids. EPA’s Region EPA’s economic impact assessment is (approximately one inch) in diameter. X general NPDES permit for Cook Inlet presented in the Economic Impact Because vessels and fixed and floating also requires limitations for these same Analysis of Proposed Effluent platforms must comply with these parameters in addition to requirements Limitations and Guidelines, and limits, EPA believes that all coastal for foam and free oil. Standards for the Coastal Oil and Gas facilities are able to comply with this EPA considered zero discharge of Industry (hereinafter, ‘‘EIA’’). This limit. While not all coastal facilities are sanitary wastes based on off-site report details the investment and located on platforms, compliance with a disposal to municipal treatment annualized costs of compliance with the no garbage standard should be as facilities or injection with other oil and rule for the industry as a whole and the achievable, if not more so for shallow gas wastes. Off-site disposal would impacts of the compliance costs on water or land based facilities that have require pump out operations, that while affected wells, platforms, and operators access to garbage collection services. available to certain land facilities, are in the coastal oil and gas industry, both Further, the final drilling permit not available to remote or water-based existing and future. The report also promulgated by Region VI for coastal operations. Because sanitary wastes are estimates the economic effect of Texas and Louisiana incorporates these not exclusively associated with oil and compliance costs on Federal and State Coast Guard regulations. gas operations, which are routinely revenues, balance of trade Since these BCT, BAT and NSPS injected in Class II wells, zero discharge considerations, and inflation. EPA also has conducted an analysis of limitations for domestic waste are based on Class II injection was not the cost-effectiveness of alternative already in either existing NPDES considered for sanitary wastes. EPA treatment options. The results of the permits or Coast Guard regulations, solicits comments on the selected cost-effectiveness analysis are expressed these limitations will not result in any option for sanitary wastes regarding the in terms of the incremental costs per additional compliance cost, and thus pollutant regulated, the limitation itself, pound-equivalent removed. Pound- these limits are economically and other possible disposal options, equivalents account for the differences achievable. Also, these limits and including marine sanitation devices that standards will have no additional non- in toxicity among the pollutants are designed to prevent discharge (Type removed. Total pound-equivalents are water quality environmental impacts. III, 33 CFR 159.3(s)). There are no incremental costs derived by taking the number of pounds EPA is proposing to limit sanitary of a pollutant removed and multiplying associated with the BCT limitations; waste discharges for BCT and NSPS therefore, it is considered to pass the this number by a toxic weighting factor. equal to BPT limitations. Sanitary waste The toxic weighting factor is derived two part BCT cost reasonableness test. effluents from facilities continuously No discharge of visible foam is using ambient water quality criteria and manned by ten (10) or more persons required by Region X’s NPDES permit toxicity values. The toxic weighting must contain a minimum residual for Cook Inlet drilling. No discharge of factors are then standardized by relating chlorine content of 1 mg/l, with the floating solids is included in the Region them to a particular pollutant, in this chlorine level maintained as close to X’s BPT Cook Inlet general permit, the case copper. this concentration as possible. Coastal Region X’s drilling permit and Region Cost-effectiveness is calculated as the facilities continuously manned by nine IV’s general permit for coastal operators. ratio of incremental annualized costs of Pretreatment standards are not being or fewer persons or only intermittently an option to the incremental pound- developed for domestic wastes because manned by any number of persons must equivalents removed by that option. they are compatible with POTWs. comply with a prohibition on the This analysis, Cost-Effectiveness discharge of floating solids. Analysis of Effluent Limitations G. Sanitary Wastes Since there are no increased control Guidelines and Standards for the Sanitary wastes from coastal oil and requirements beyond those already Coastal Oil and Gas Industry gas facilities are comprised of human required by BPT effluent guidelines, (hereinafter, the ‘‘CE Report’’), is body wastes from toilets and urinals. there are no incremental compliance included in the record of this The volume of these wastes vary widely costs or non-water quality rulemaking. Since the discharges are with time, occupancy, and site environmental impacts associated with primarily to a marine or brackish characteristics. A larger facility, such as BCT and NSPS limitations for sanitary environment, salt-water toxic weighting an offshore platform, typically wastes. Since these limitations are equal factors (which typically are lower than discharges about 35 gallons of sanitary to BPT, they are available and freshwater toxic weighting factors, thus waste daily. Sanitary discharges from economically achievable. In addition, they generate lower pound-equivalents coastal facilities would be expected to the BCT limitation is also considered to overall) were used wherever they were be less than this value since the be cost reasonable under the BCT cost available. manning levels at most coastal facilities test. Since the POTW test result and the Cost-effectiveness is a measure of is less than that at offshore locations. industry cost-effectiveness test results costs and relative economic efficiency of Existing BPT limitations for facilities are both zero (and therefore pass their the technology options being considered continuously manned by 10 or more respective tests), the limitation is cost to remove toxic pollutants. EPA people requires sanitary effluent to have reasonable. includes direct compliance costs, such a minimum residual chlorine content of EPA is not establishing BAT effluent as capital expenditures, operations and 1 mg/l, with the chlorine concentration limitations for the sanitary waste stream maintenance costs and in some cases to remain as close to this level as because no toxic or nonconventional monitoring costs (i.e., direct compliance possible. Facilities intermittently pollutants of concern have been costs), when estimating cost- manned or continuously manned by identified in these wastes. effectiveness. EPA has not included in fewer than 10 people must comply with Pretreatment standards are not being previous effluent guidelines and a BPT prohibition on the discharge of developed for sanitary wastes because standards costs associated with the floating solids. EPA’s Regions VI and IV they are compatible with POTWs. economic impact of the technology Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9461 options in the costs used in the cost- at wells determined to be currently emphasizes that this analysis assumes effectiveness analysis. Consistent with discharging and which were determined that the Region VI permit for produced this, for this effluent guidelines, EPA to be continuing to discharge at least water is not part of the baseline has included capital expenditures and through the third quarter of 1996. scenario. operation and maintenance, but not the Incremental compliance costs specific to EPA also analyzed secondary impacts cost of the lost oil/gas production in its these wells or the produced water of the regulation. These include: analysis of the incremental cost- separation and treatment facilities revenue losses to the federal effectiveness of different technology associated with these wells (prorated on government due to tax shields on options. EPA does consider the lost a cost per barrel basis to make them expenditures and loss of taxable production as an economic impact on well-specific) were used to derive the revenues, revenue losses to State this industry, and has included lost incremental costs to the affected wells. governments through lower severance production in its economic impact By Gulf of Mexico, the EIA does not tax payments and royalties, changes in analysis. During the interagency review generally include Gulf coastal facilities the balance of trade and inflation, a question was raised whether EPA in Alabama and Florida, since coastal employment losses (both primary and should treat the lost oil/gas production operators in these states are already secondary) based on production losses as a compliance cost to the facility. EPA required to meet zero discharge, and and firm failures, and employment gains solicits comments on: (1) Whether the thus, these facilities would not incur (involved with manufacturing, possibly permanent loss in oil/gas additional costs from this rule. installing, and operating pollution production associated with premature A financial model showing cash flow control equipment). Impacts on new closing of these wells may be different over a maximum 30-year time frame (or sources also are investigated and a from lower production of manufacturing less if a well’s flow becomes negative regulatory flexibility analysis is goods that occurs in any production before 30 years) was developed and performed. period as a result of higher production adapted to each well using well-specific costs, and (2) whether or not the lost data in the Questionnaire. Costs 2. Cook Inlet production of oil/gas should be included in the models include those considered when determining the cost- associated with current production costs The same type of financial model effectiveness on the technology options and revenues, which were extrapolated used in the Gulf of Mexico portion of for this industry. over the lifetime of the project to the analysis was adapted to model 14 establish baseline lifetime production. platforms (one currently shut in but B. Economic Methodology Other baseline summary statistics with potential for future production) in The EIA provides the results of a included years of economic lifetime, the Cook Inlet. The same types of number of measures of economic impact corporate cost per barrel of oil impacts from a variety of regulatory resulting from the proposed Coastal equivalent (BOE), and net present value options for this region also were Guidelines. These measures include of lifetime production. Then, capital estimated. One difference between the production losses (measured in terms of and annual operating and maintenance Cook Inlet model and the Gulf model is total lifetime production lost, losses in (O&M) costs associated with various that the Cook Inlet model operates at the net present value (NPV) 2 of production, regulatory options were added to the platform level instead of the well level. and years of production lost), impacts baseline costs. The model recalculates Impacts are evaluated for platforms, on federal and state revenues; impacts the economic lifetime of the wells, whose production rates change with the on firms; impacts on employment; annualizes the regulatory costs over the addition of new and recompleted wells. impacts on inflation and balance of new project lifetime, and recalculates C. Summary of Costs and Economic trade; impacts on small businesses; and production and financial summary Impacts impacts on new sources in terms of statistics. Well impacts were evaluated barriers to entry. All impacts measured by determining the change from the 1. Overview of Economic Analysis in this EIA do not take into account the baseline values caused by the increased requirements of the EPA Region VI regulatory costs. Production losses are The economic analysis has five major General Permits for the Coastal Oil and measured as reductions in hydrocarbon components: (1) An estimate of the Gas Industry covering disposal of extraction resulting from immediate number of existing wells (Gulf of produced water. closure of existing wells and curtailed Mexico) and platforms (Cook Inlet) and These impacts are also based on the lifetimes. These were based on the projected wells/platforms that incur assumption that oil prices will remain, decrease in production and decrease in costs under this rule; (2) an estimate of in real terms, approximately $18 per net present values for the wells induced the annual aggregate (pre-tax) cost of barrel over the timeframe of the by the regulatory costs. That is, if a well complying with the regulation using analysis. This assumption is became unprofitable with the additional capital and O&M costs per Cook Inlet substantiated, at least for this decade, by costs, it was assumed to shut in, either platform or Gulf of Mexico treatment recent industry forecasts. Note that if in the first year or earlier than it might facility as estimated in the Development the price of oil changes significantly, have under baseline assumptions. Document; (3) use of an economic impacts could also change. To provide more accuracy in model to evaluate per-well/platform impacts on production and economic 1. Gulf of Mexico estimating the total annual costs to the Gulf of Mexico (GOM) coastal oil and life; (4) an evaluation of impacts on EPA used the 1993 Coastal Oil and gas industry, these costs were derived firms, future oil and gas production, Gas Questionnaire authorized under using state permit data on discharging Federal and State revenues, balance of section 308 of the CWA to obtain the facilities and compliance cost estimates trade, employment and other secondary information necessary to model impacts developed on a per-facility basis. Thus effects; and (5) the performance of a costs were not based on extrapolations regulatory flexibility analysis as 2 Net present value is the total stream of from survey data. These costs are pre- required under the Regulatory production revenues minus costs over a period of Flexibility Act to determine whether years discounted back to present value, under the tax (although the financial models assumption that a future dollar is worth less than account for impacts based on the impacts on small firms are a dollar now. appropriate post-tax costs). EPA re- disproportionate to those on large firms. 9462 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules The base year for the economic compliance costs. In Cook Inlet, no new BAT or NSPS requirements for analysis is 1992, so all costs are reported facilities are anticipated, thus no NSPS produced sand. Therefore, the in 1992 dollars. This is the year for costs are calculated for purposes of remainder of this section discusses the which data were gathered in the 1993 estimating the total costs of the rule. costs and impacts of BAT and NSPS Coastal Oil and Gas Questionnaire and EPA has, however, analyzed whether options only for produced water; was the most recent year for which a the NSPS requirements for Cook Inlet drilling waste; and treatment, workover, complete set of cost, revenue, and would create a barrier to entry for any and completion fluids. production data were available. Any new sources that might begin to operate In all, there are 10 BAT regulatory costs not originally in 1992 dollars were in Cook Inlet. options: 5 for produced water, 3 for inflated or deflated using the EPA examined the effect of BPT, BCT, drilling wastes, and 2 for treatment, Engineering News Record Construction BAT, and NSPS regulatory options. BPT workover, and completion fluids. These Cost Index, unless otherwise noted in options have no costs or impacts and are options are described in Section VI. The the EIA (see EIA for details). discussed no further here. BCT options economic impacts from these options The industry profile used in this were examined using BCT cost tests (see are assessed individually in this analysis is presented in Section IV. EPA Section VI). BAT and NSPS economic Section. Selected NSPS options are also estimates that there are 4,675 existing impacts are discussed in this section. discussed in these sections. wells in the Gulf of Mexico Coastal The following wastestreams are 2. Total Costs and Impacts of the Region, of which 1,588 are estimated to regulated by this rule: produced water; Regulations still be discharging produced water in drilling wastes; well treatment, 1996, according to estimates based on workover, and completion fluids; This section presents the costs and Questionnaire 308 survey results. By produced sand; deck drainage; sanitary impacts of the selected BAT and NSPS Gulf of Mexico, EPA has not included wastes; and domestic wastes. For regulatory options. The total annual Alabama or Florida since these facilities sanitary and domestic wastes, the BAT costs of the BAT and NSPS regulatory are currently meeting zero discharge. As and NSPS options proposed are current alternatives are presented in Table 6. noted above, this costing approach is permit conditions, thus no costs or Note that the costs and impacts of this conservative because independent of impacts are incurred as a result of BAT rule would be substantially reduced if this rule, an additional 28 production or NSPS requirements for these the effects of the recently finalized EPA facilities (with an estimated 213 wells) wastestreams. For deck drainage, the Region VI General Permit were to be in coastal Louisiana will be required by limits are based on BPT, thus costs and incorporated in this rule. The preferred Louisiana state water quality standards impacts of BAT or NSPS requirements BAT regulatory option for produced to achieve zero discharge by January are zero. For produced sand, current water is Option 4, zero discharge 1997. Six new production facilities are practice is zero discharge, and zero everywhere except in Cook Inlet where expected to be built each year in the discharge is the only option considered discharges are allowed provided oil and Gulf region. The costs for these new for BPT, BAT or NSPS. Thus, no costs grease limitations, based on improved projects are assigned as NSPS or impacts are expected to result from gas flotations, are met. TABLE 6.ÐTOTAL COSTS OF BAT AND NSPS OPTIONS (1992$) Annual compliance costs ($ million/yr) Wastestream 1 BAT NSPS Produced water ...... 30.86 4.48 Co-proposal Opt 1 Opt 2 Opt 3 2 0 Drilling fluids and cuttings 0 1.4 3.89 Co-proposal Co-proposal Opt 1 Opt 2 Opt 1 Opt 2 Treatment, workover, and completion fluids ...... 0 0.61 0 0.52 Total ...... 30.86±35.36 4.48±5.00 1 EPA selected no-cost options for all other wastestreams. 2 No new sources expected in Cook Inlet. The three options considered for since the specific toxicity limitation has except for Cook Inlet where discharge drilling fluids and cuttings BAT and not been determined at this time. The limitations would be the same as Option NSPS contain zero discharge for all three options are: Option 1—zero 1, except toxicity would be set to meet areas, except two of the BAT options discharge for all areas except Cook Inlet a limitation between 100,000 pm (SPP) contain allowable discharges for Cook where discharge limitations require and 1 million ppm (SPP), and Option Inlet. One of these options which would toxicity of no less than 30,000 ppm 3—zero discharge for all areas. EPA is allow discharges meeting a more (SPP), no discharge of free oil and diesel co-proposing two options for BAT and stringent toxicity limitation if selected oil and no more than 1 mg/l mercury NSPS for treatment, workover and for the final rule, would require an and 3 mg/l cadmium in the stock barite, completion fluids. Option 1 would additional notice for public comment Option 2—zero discharge for all areas require no discharge of free oil and Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9463 prohibit discharges to freshwaters of and completion fluids are estimated to percent of total net present value of Texas and Louisiana. This option range from $0.00 to approximately $0.52 baseline producer income in the two reflects current practice. Option 2 million per year or $0.00 to $4.4 million regions.4 These losses result from both would require the same limitations as (present value) over a 15-year time immediate shut in of wells or platforms the preferred option for produced water. frame. and/or shortened economic lifetimes. A This option would require for BAT that, Because current practice for control of total of up to 111 Gulf wells (2.4 percent discharges of treatment, workover and drilling fluids and drill cuttings in the of all current coastal Gulf wells) and no completion fluids would be prohibited Gulf region is zero discharge and no Cook Inlet platforms are considered in all coastal areas except Cook Inlet. In new sources are projected in Cook Inlet, likely to shut in at once under the Cook Inlet, these discharges would be no additional costs will be incurred due proposed options. These shut-in wells required to meet a daily maximum oil to NSPS for drilling fluids and drill tend to be relatively low-producing or and grease limitation of 42 mg/l and a cuttings. marginal wells as can be seen from the 30 day average of 29 mg/l. Option 2 Total compliance cost of all BAT and relatively lower percentage of would require zero discharged of these NSPS requirements ranges from $35.34 production affected as compared to a fluids everywhere for NSPS. million to $40.36 million per year in higher percentage of wells. The total cost of compliance with 1992 $’s (or $38.3 million to $43.8 A maximum of 12 firms owning and/ these selected BAT options is $30.9 million annually in 1994 $’s). These or operating Gulf Coastal wells might million to $35.4 million per year in compliance costs will also result in up possibly fail as a result of the proposed 1992$’s (or $33.5 million to $38.4 to $11.5 million in lost oil and gas regulatory options. Data were not million in 1994$’s). Additionally, revenues, royalties and taxes annually. available to rule out the possibility of compliance with the BAT options Note that these costs are a small firm failure, so they were counted as would result in up to approximately percentage of coastal revenues and potential firm failures, thus the actual $9.5 million in lost oil and gas revenues, operating costs (the direct costs of number of firm failures could be as few taxes and royalties annually.3 operating the business, i.e., not as none. No failures are predicted for NSPS requirements for produced including general and administrative operators in Cook Inlet. It is estimated water is zero discharge (only the Gulf is costs, depletion, depreciation, taxes, that the majority (72 percent) of firms in expected to have new sources). The interest, etc.). Total revenues stemming the Gulf Coastal region by 1996 will not options being co-proposed for NSPS for from coastal operations among coastal discharge produced water. Thus, most drilling fluids and cuttings and firms (Texas, Louisiana, and Cook Inlet, firms will incur no compliance costs. treatment, workover and completion Alaska, only) are estimated to be $6.1 The Gulf Coastal firms, therefore, are fluids are the same as those considered billion per year. Thus the total annual potentially expected to face average for BAT. Total compliance cost of NSPS cost of the proposed Coastal Guidelines (median) declines in equity or working for this proposal ranges from $4.48 to is estimated to be at most 0.7 percent of capital of 0 percent. Discharging firms approximately $5 million annually in annual coastal revenues. The total are potentially expected to face average 1992 $’s (or $4.9 to $5.4 million coastal operating costs among coastal (median) declines in equity and working annually in 1994 $’s). Additionally, firms is estimated to be $1.2 billion per capital of 0.37 percent and 2.63 percent, compliance with the selected NSPS year, thus annual compliance costs of respectively. options could also result in roughly $1 this proposed rule are estimated to be The options potentially could result to 2 million in lost oil and gas revenues, up to 3.3 percent of total annual in a present value loss of up to $91 royalties and taxes annually. Costs of operating costs. million in federal and state income tax NSPS for produced water are associated BAT production losses under the revenues over an average of 10 years, or only with six new source production selected options are expected to total at up to $13.6 million, on average, facilities per year projected in the Gulf most 40.2 million barrels of oil annually (primarily federal taxes). This region. No new sources are projected in equivalent (BOE) over the lifetime of the loss is only 11 percent of income taxes Cook Inlet. For the six new production wells and platforms as a result of the from discharging wells and platforms facilities constructed per year in the regulatory options (average alone. Losses to state revenues due to a Gulf, costs of the produced water NSPS postcompliance lifetime is 10 years in potential loss of severance taxes total are estimated to be approximately $4.48 both the Gulf and Cook Inlet). In Cook $10.8 million over 10 years, or $1.6 million per year or $38.4 million Inlet, the production loss over the million, on average, annually. This loss (present value) over a 15-year time expected productive lifetime of the is only 3.8 percent of severance taxes frame. platforms is expected to be up to 12.4 from discharging wells and platforms Costs of NSPS for well treatment, million total BOE, which is 3.1 percent alone. The states could also potentially workover and completion fluids are of the estimated lifetime production for lose royalties totaling at most, an based on EPA projections that 45 new the region. In the Gulf, the lifetime estimated present value of $39.4 million source wells would be discharging these production loss is expected to be up to over 10 years, or $5.9 million, on fluids (without this rule) in the Gulf 27.9 million total BOE, which is 0.9 average, annually, which is only 5.8 region. No new sources are projected in percent of a high estimate of lifetime percent of royalties collected from Cook Inlet. For the 45 new source wells production and 1.7 percent of a low discharging wells and platforms alone. in the Gulf region costs of the NSPS estimate of lifetime production in the These effects are negligible compared to options for well treatment, workover Gulf. For the two regions combined, the federal and state revenues and royalties maximum 40.2 million BOE loss (or collected. 3 The industry will not experience the entire 17.9 million BOE in present value) in The proposed rule is not expected to impact of these costs because depreciation production is 1.1 percent to 2.0 percent allowances and increased costs of production affect energy prices, international trade, stemming from these compliance costs will serve to of total lifetime production. These or inflation, and would have a minimal reduce taxable income. Thus a portion of these losses are associated with declines in impact on national-level employment. costs will be borne by federal and state governments the net present value of producer Primary employment losses would be rather than industry or individual firm owners. This income totalling up to $144.5 million in portion is known as industry’s ‘‘tax shield.’’ This impact to governments is, however, noted in the the Gulf and $15.9 million in Cook Inlet 4 The losses of $160.4 million included costs of analyses discussed below. for a total of $160.4 million or 0.7 to 1.5 technology and resulting production losses. 9464 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules expected to be 181 full-time equivalents (in 10 years rather than in 15 years) percent per year over a 10-year period (FTEs), which is 3.1 percent of total Gulf because of declines in wells’ productive under the regulation, compared to and Cook Inlet employment (minus lifetimes. However, because these declines averaging 2 percent a year over baseline employment losses). Primary impacts are not felt, on average, for 10 a 15-year period without the regulation and secondary losses are expected to years and because ample time is or at most 337 FTEs on an equivalent total 518 FTEs. Net employment losses available for industry to adjust to first year loss basis. Table 7 summarizes (including secondary effects and declines in wells’ productive lives the impacts discussed above. In Cook accounting for employment gains) are through natural job attrition, these Inlet, platforms shut in, on average, 1 expected to be 121 FTEs. Additionally, impacts are not considered major. This year earlier (in 10 years instead of 11 an estimated 1,561 FTEs would be lost loss is equivalent to declines in total years). This impact is considered minor because ample time is still available for in the Gulf, on average, five years sooner Gulf coastal employment averaging 3 workers to find alternative employment. TABLE 7.ÐSUMMARY OF ECONOMIC IMPACTS TO GULF OF MEXICO AND COOK INLET REGIONS FROM THE SELECTED BAT OPTIONS Option Drilling waste TWC No. 4 Impact 1 Total impacts 2 produced OPT 1 OPT 2 OPT 3 OPT 1 OPT 2 water Number of wells or platforms shut in: Wells ...... 111 0 0 0 0 0 111 wells. Platforms ...... 0 0 0 0 0 0 0 platforms. Present value of lost production (million 15.2 0 2.7 5.4 Negl. Negl. 15.2 to 17.9. BOE). Total production lost (million BOE) ...... 32.4 0 3.6 7.8 Negl. Negl. 32.4 to 40.2. Present value of producer income lost ($000) $153,209 0 $263 $6,089 Negl. Negl. $153,209 to $160,409. Present value of federal taxes lost ($000) ..... $84,903 0 $2,586 $7,925 Negl. Negl. $84,903 to $90,950. Present value of lost severance taxes ($000) $10,676 0 $133 $272 Negl. Negl. $10,676 to $10,815. Present value of lost royalties to states ...... $34,255 0 $4,274 $9,394 Negl...... $34,255 to $39,375. Total present value losses ($000) 3 ...... $283,043 0 $7,256 $23,680 Negl. Negl. $283,043 to $301,549. 1 Impacts from selected options for other wastestreams are expected to be negligible. 2 Impacts are not additive. Some double counting or undercounting of impacts occurs in the Cook Inlet analysis if produced water impacts are added to drilling waste impacts. The total reflects the removal of double counting, with corrections made for undercounting. 3 Includes only dollar figures in columns. Losses comprise both compliance costs and value of lost production (net operating costs). Note that these losses are not annual losses. Based on the impacts predicted, EPA play a major role in a decision to wells and platforms subject to the rule. 5 finds the costs of the proposed BAT undertake the construction, In Cook Inlet, the production loss is limitations to be economically development, and operation of a expected to be 4.6 million BOE, which achievable for the Coastal Oil and Gas platform. Thus EPA finds that no is 1.6 percent of the estimated lifetime Industry. significant barriers to entry will be production for the region. In the Gulf, NSPS requirements for produced created by NSPS for produced water in the production loss is expected to be water in the Gulf (Cook Inlet NSPS Cook Inlet and that these standards 27.9 million BOE. Lifetime production impacts are discussed below), for should be economically achievable, in the Gulf is estimated to be 1,055 to drilling wastes, and for miscellaneous given the minimal impact on net present 3,183 million BOE (693 to 13,910 BOE wastes are equivalent to BAT value and the internal rate of return. in present value terms) (over a 30-year requirements. Costs for designing in time frame, based on a low and high compliance equipment are typically less D. Produced Water estimate of decline rate in the region). than those for retrofitting the same 1. BAT Thus, this lost production is 0.9 to 1.7 compliance equipment to existing percent of expected lifetime production As noted earlier, this analysis of operations. Since new sources would in the Gulf. For the two regions impacts associated with the effluent most likely face costs of compliance combined, the lost production of 32.4 guidelines for produced water does not equal to or less than existing operations, million BOE would result in a loss of consider the effects of the Region VI NSPS for Cook Inlet produced water are 1.0 percent to 1.7 percent of total General Permit for produced water. projected to pose no barriers to entry. lifetime production. These losses are Because the Region VI General Permit NSPS for produced water in Cook associated with declines in the net has been promulgated as zero discharge, Inlet are more stringent than BAT present value of producer income the costs and impacts of the limits on requirements; however, declines in net totalling $144.5 million in the Gulf and produced water in the Gulf of Mexico present value of production for existing $8.8 million in Cook Inlet for a total of would be substantially less. platforms under Coastal Guidelines BAT $153.3 million (total lifetime losses). Total production losses associated limitations (2.4 percent) are only These losses result from both immediate with the proposed option, Option #4 for negligibly less than net present value shut in of wells or platforms and declines modeled for new sources under produced water (zero discharge except for Cook Inlet), are expected to total 32.4 a zero discharge scenario (2.9 percent). 5 Total losses calculated independently for Further, the modeled NSPS platform million BOE (or 15.2 million BOE in produced water and drilling waste will not add shows excellent internal rates of return present value) over the lifetime of the exactly to the number cited above for combined losses because the independent estimates double (a measure of profitability) count a very small portion of lost production in postcompliance, so NSPS should not Alaska (about 1.3 percent of production). Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9465 shortened economic lifetimes. A total of 2. NSPS barriers to entry) include impacts on net 111 Gulf wells (2.4 percent of all current This section discusses the barrier-to- present value (NPV) and impacts on the coastal Gulf wells) and no Cook Inlet entry analysis for all regions but Cook internal rate of return (IRR). The gas/oil platforms are considered likely to shut Inlet first, then NSPS relative to Cook 24 is projected to face declines in NPV in as a result of this rule. These shut- Inlet is discussed separately. Total of 2.9 percent from baseline under a in wells tend to be relatively low- annual costs associated with NSPS zero discharge requirement for producing and marginal wells. requirements for produced water in the produced water. IRR drops 5.1 percent, At most, 12 firms owning and/or Gulf of Mexico (the only region where however, this drop is estimated to be operating Gulf Coastal wells (2.8 percent NSPS projects are of concern) are $4.5 from 39 percent in the baseline to 37 of the estimated 435 Gulf Coastal region million per year. The selected NSPS percent in the zero-discharge scenario. operators) might potentially fail as a requirement is equivalent to BAT These impacts are not likely to affect the result of the selected BAT option (i.e., requirements in this region. Because decision to undertake a project in Cook data are not available to rule out this NSPS is equivalent to BAT outside of Inlet (given production levels similar to possibility, although the actual number Cook Inlet region, and BAT has been existing Cook Inlet platforms). could be as small as none). No firm found to be economically achievable, Additionally, the impact on NPV from failures are predicted for operators in NSPS requirements for all but Cook the zero-discharge requirement is not Cook Inlet. The ‘‘average’’ Gulf Coastal Inlet (which will be discussed substantially different from the impacts firm does not discharge produced water separately below) would not pose a on NPV from the proposed BAT option (there are a total of 435 firms and more barrier to entry and are considered under the Coastal Guidelines at existing than 50 percent—actually 72 percent— economically achievable. Cook Inlet platforms. The decline in will not be discharging in coastal areas NPV projected for the Coastal rule BAT by 1996). Thus, Gulf Coastal firms are TABLE 8.ÐSUMMARY OF ECONOMIC option is 2.4 percent. Thus, existing potentially expected to face average IMPACTS TO GULF OF MEXICO AND platforms and new platforms will face (median) declines in equity or working COOK INLET REGIONS FROM PRO- similar impacts on NPV even though the capital of 0 percent since the majority of DUCED WATER BAT OPTION NO. 4 NSPS requirement is more environmentally stringent than the BAT Gulf firms do not discharge and thus [Zero discharge except Cook Inlet] will not incur compliance costs. Of the requirement. Costs and impacts associated with the 122 discharging firms, average (median) Option No. 4 declines in equity or working capital of Impact produced water Cook Inlet 12-slot platform are much 0.37 percent or 2.63 percent are less than those associated with the 24- expected to occur, respectively. Number of wells or plat- 111 wells. slot platform or with existing platforms forms shut in. 0 platforms. under the proposed BAT option for The selected option potentially could Present value of produc- 15.2. produced water under the Coastal result in a $84.9 million loss in federal tion loss (million BOE). Guidelines (see EPA, 1993, Table 7–21 tax revenues over an average of 10 years, Total production lost (mil- 32.4. and Section D.1 of this preamble). or $12.6 million, on average, annually. lion BOE). Based on the analyses performed for Net present value of pro- $153,209. This loss is only 10 percent of income the Offshore Guidelines (which taxes collected from discharging wells ducer income lost ($000). Present value of federal $84,903. continue to be relevant analyses for the and platforms alone. Losses to state taxes lost ($000). Coastal Guidelines), EPA concludes that revenues due to a potential loss of Present value of lost sev- $10,676. impacts on new sources in Cook Inlet severance taxes total $10.7 million or erance taxes. are minimal and that NSPS $1.6 million, on average, annually. This Present value of lost royal- $34,255. requirements should pose no significant loss is only 3.8 percent of severance ties to states. barriers to entry for two reasons: (1) taxes from dischargers alone. State Total present value losses $283,043. declines in returns (measured as NPV royalties lost total $34.3 million, or $5.1 ($000). Employment effects ...... 128 FTEs lost. and IRR) most likely would not affect million, on average, annually. This loss the decision to undertake a new project is only 5.1 percent of royalties from Two NSPS economic models were run since operations would still be quite dischargers alone. These effects are for Cook Inlet in the EIA for the profitable and (2) the level of impacts on negligible compared to federal and state Offshore Effluent Guidelines (EPA, new sources from NSPS requirements revenues and royalties collected. 1993, Table 7–19; Table 7–21).6 These are not substantially greater than those The selected option is not expected to models include a 24-slot gas/oil on existing sources from BAT affect energy prices, international trade, platform and a 12-slot gas platform. The requirements. or inflation, and will have a minimal gas/oil platform was estimated to incur E. Drilling Fluids and Drill Cuttings impact on national-level employment. incremental compliance costs for Primary employment losses are produced water disposal under a zero 1. BAT expected to be 181 FTEs. Primary and discharge requirement of $1.8 million As noted above, current practice in secondary losses are expected to total annually (inflated to 1992 dollars). The the Gulf of Mexico region is zero 518 FTEs. Net employment losses key impacts affecting whether a new discharge of drilling fluids and drill (including secondary effects and project would be undertaken (which cuttings; and therefore, this proposed employment gains) are expected to be would lead to conclusions about rule would result in no additional costs 128 FTEs. Table 8 summarizes the to Gulf operators. The three options impacts from the proposed produced 6 NSPS models were run for Cook Inlet in the being co-proposed affect Cook Inlet water option. Offshore EIA because EPA considered including Cook Inlet in the offshore subcategory, but finally operations. Option 1 would result in no Based on the minimal impacts included the operations in the Coastal subcategory. economic impacts. Option 2 would predicted, EPA finds that the proposed The NSPS models constructed for the Offshore EIA cause a total 3.6 million BOE loss in BAT option for produced water is were used as the basis for modeling the existing production over 15 years. This Cook Inlet platforms in the Coastal Guidelines EIA, economically achievable for the Coastal thus comparisons between NSPS platforms and represents a 1.2 percent reduction in the Oil and Gas Industry. BAT platforms can be made. estimated lifetime production for the 9466 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules existing platforms in Cook Inlet as result to a 2.5 percent decline in the lifetime would have a minimal impact on of three wells not being drilled. The net production in Cook Inlet. No platforms national-level employment. present value of this production loss are expected to close. Federal income Employment losses are not expected. (reduction in producers’ net income) is tax lost (over the life of the platforms) Employment gains (including secondary $263,000 or less than 0.1 percent of is estimated to decline $7.9 million (3.4 effects) are expected to be baseline net present value. The average percent of baseline), or $1.3 million, on approximately 7 FTEs, under either well life decreases by 0.2 years as a average, per year. No firm failures are Option 2 or Option 3. result of this option. Additionally, predicted for operators in Cook Inlet. Based on the impacts predicted, EPA Federal income tax receipts would Total state severance tax revenues are finds that the costs of all three options decline by $2.6 million, state income tax predicted to decline by $0.27 million for drilling wastes are economically receipts by $133,000 and royalties paid (0.5 percent of baseline), or $0.04 achievable for the Coastal Oil and Gas to Alaska by $4.3 million. million, on average, annually. Option 3 Industry. Table 9 summarizes the Option 3 would cause a production are not expected to affect energy prices, impacts from the proposed BAT options loss of 7.8 million BOE, which is equal international trade, or inflation, and for drilling waste. TABLE 9.ÐSUMMARY OF TOTAL ECONOMIC IMPACTS FROM DRILLING WASTE OPTION NO. 3 Option No. 3 drilling waste Impact Opt 1 Opt 2 Opt 3 Number of Wells or platforms shut in: Wells ...... 0 0 ...... 0. Platforms ...... 0 0 ...... 0. Present value of total production lost (million BOE) ...... 0 2.7 ...... 5.4. Total production lost (million BOE) ...... 0 3.6 ...... 7.8. Net present value of producer income lost ($000) ...... 0 $263 ...... $6,089. Present value of federal taxes lost ($000) ...... 0 $2,586 ...... $7,925. Present value of lost severance taxes ($000) ...... 0 $133 ...... 272. Present value of lost royalties to states ...... 0 $4,274 ...... $9,394. Total present value losses ($000) ...... 0 $7,256 ...... $23,680. Employment effects ...... 0 7 FTEs gained .... 7 FTEs gained. 2. NSPS Coastal well, and no major impacts are analysis for the selected options for expected as a result of either of the produced water; treatment, workover, The same options are being selected option (refer to Table 6). For and completion fluids; and drilling considered for NSPS as were for BAT. this reason, EPA finds that the costs of wastes. According to EPA’s standard Thus, both new platforms and existing Option 2 for treatment, workover, and procedures for calculating cost- platforms face the same requirements. completion fluids should be effectiveness, all the options considered Since costs for new operations to design economically achievable for the Coastal for each waste stream have been ranked in compliance equipment should be as Oil and Gas Industry. in order of increasing pounds- expensive as or less expensive than equivalent (PE) removed (see the those for existing operations to retrofit 2. NSPS introduction to this section for a the same compliance equipment, no The options considered for NSPS for discussion of pounds-equivalent, a significant barriers to entry are treatment, workover, and completion methodology for putting pollutants of predicted to exist. Furthermore, since fluids are the same as those for BAT. differing toxicity on a comparable BAT was found to be economically Because NSPS is equivalent to BAT in basis.) Cost-effectiveness is calculated as achievable, NSPS is considered the Gulf, new operations face the same the ratio of the incremental annual costs economically achievable. or lower costs as existing operations. to the incremental pounds-equivalent F. Treatment, Workover, and Thus, treatment, workover and removed under each option. So that Completion Fluids completion fluids disposal costs for comparisons of the cost-effectiveness Option 2 will be 0.7 percent or less of among regulated industries can be 1. BAT annual production revenues at a typical made, annual costs for all cost- No costs are incurred for Option 1. Gulf coastal well. In Cook Inlet, there effectiveness analyses are reported in Costs of disposing of treatment, are no costs for zero discharge of this 1981 dollars. workover, and completion fluids under wastestream because this wastestream is In 1981 dollars, the incremental cost- Option 2 are approximately $610,000 commingled with produced water, and effectiveness for the selected options annually for all Gulf wells estimated to thus, the cost has already been are: discharge treatment, workover, and accounted for in costing zero discharge —$3/PE for produced water completion fluids. A typical Gulf Coast for produced water. Option 2 NSPS —$0/PE for Option 1, $769/PE for well produces an average of 36 barrels requirements will not pose a significant Option 2 and $292/PE for Option 3 for of oil per day according to the 1993 barrier to entry. Furthermore, since BAT drilling wastes Coastal Oil and Gas Questionnaire. At in the Gulf and NSPS in Cook Inlet is —$0/PE for Option 1 and $200/PE for $18 per barrel, total annual production economically achievable, NSPS is Option 2 for treatment, workover, and revenue at a typical well is estimated to economically achievable. completion fluids be $237,000. Treatment, workover, and G. Cost-Effectiveness Analysis completion fluids disposal costs are H. Regulatory Flexibility estimated to be 0.74 percent of annual In addition to the foregoing analyses, All of the firms expected to fail (0 to production revenues at a typical Gulf EPA has performed a cost-effectiveness 12 firms) as a result of the proposed rule Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9467 are small entities (i.e., they employ discharging any wastes, thus will is critical in assessing the options. fewer than 500 employees), however, experience no change in equity or Safety, and impacts of marine traffic on nearly all the firms operating in the working capital. When these coastal waterways, were other factors Coastal region are small (approximately nondischarging firms are also also considered. EPA evaluated the non- 372 out of an estimated 435 firms, or 86 considered, the median small firm water quality environmental impacts on percent are small firms). Thus 0 percent operating in the coastal region will a regional basis because the different to 3 percent of small firms could experience no change in equity or regions each have their own unique potentially fail as a result of this rule. working capital. Thus EPA does not find considerations. The high end of this estimate is very that impacts on small firms will be conservative because these firms might disproportionately greater than those on A. Drilling Fluids and Cuttings not fail; however, but data were large firms. The control technology basis for unavailable to rule out the possibility. VIII. Non Water Quality Environmental Thus these firms were considered to compliance with the options considered Impacts have the potential to fail as a result of for the drilling fluids and drill cuttings the proposed rule. Due to data The elimination or reduction of one wastestreams is a combination of constraints, a cash flow analysis was not form of pollution has the potential to product substitution, grinding followed undertaken, but potential effects on aggravate other environmental by injection, and/or transportation of working capital and equity were problems. Under sections 304(b) and drilling wastes to shore for treatment analyzed. In general, the average small 306 of the CWA, EPA is required to and/or disposal. The non-water quality firm that is currently discharging consider these non-water quality environmental impacts associated with produced water or other wastes will environmental impacts (including the treatment and control of these experience a somewhat greater decline energy requirements) in developing wastes are summarized in Table 10. in working capital or equity than that effluent limitations guidelines and These non-water quality environmental for large firms. Among small NSPS. In compliance with these impacts are those associated with dischargers, the median change in provisions, EPA has evaluated the effect drilling fluids and cuttings disposal and equity is 1.26 percent as compared with of these regulations on air pollution, treatment alternatives only in Cook 0.02 percent for large firms, and the solid waste generation and management, Inlet. All other coastal areas are change in working capital is 4.54 consumptive water use, and energy currently achieving zero discharge of percent, versus 0.05 percent for large consumption. Because the technology these wastes and, thus the control firms. However, the typical small basis for the limitation on drilling fluids options cause no additional impacts. discharging firm will not experience a and drill cuttings may require Non-water quality environmental change in equity or working capital of transporting the wastes to shore for impacts estimates are presented in more more than 5 percent. Additionally most treatment and/or disposal, adequate detail in the Coastal Technical small firms are currently not onshore disposal capacity for this waste Development Document. TABLE 10.ÐNON-WATER QUALITY IMPACTS FOR DRILLING WASTE CONTROL OPTIONS Volume of waste trans- Volume of Fuel require- Options ported to on- ground and in- Air emissions ments jected waste (tons/yr) 2 shore dis- (bbls) (BOE) /year posal 3 Option 1: Zero for all except BPT for Cook Inlet 1 ...... 0 0 0 0 Option 2: Zero for all except for Cook Inlet with more stringent toxicity limit . 93,984 0 9 1,700 Option 3: Zero for all ...... 422,780 130,066 12.5 2,300 1 Option one represents current standards such that no additional barrels of wastes or resulting air emissions or fuel requirements are required. 2 BOE (barrels of oil equivalents). 3 The volume of barged waste does not include wastes that would be ground and injected. The air emissions and fuel requirements presented in this table are a result of transporting these barged wastes and for grinding and injecting the rest. 1. Energy Requirements Inlet to be unloaded and temporarily EPA used the volumes of drilling Energy requirements for Options 2 stored. Barges are used to transport waste requiring onshore disposal to and 3 were calculated by identifying drilling wastes from the east to the west estimate the number of supply boat trips those activities necessary to support side of Cook Inlet. Trucks are then used necessary to haul the waste to shore. onshore disposal of drilling wastes and to transport the muds and cuttings to Projections made regarding boat use injection at the platform. The only the landfill. For the other operators in included types of boats used for waste landfill available for disposal of drilling Cook Inlet, the technology basis for transport, the distance travelled by the wastes in Cook Inlet is privately owned Option 3 (zero discharge) is grinding boats, allowances for maneuvering, and operated. Access to this landfill is followed by injection at the platform. idling and loading operations at the drill limited to only the two operators that For Option 2 (which includes a 100,000 site, and import activities at the marine own and operate it. The landfill, which ppm (SPP) to 1,000,000 ppm (SPP) transfer station. EPA estimated fuel is located on the west side of Cook Inlet, toxicity limitation that all operators required to operate the cranes at the is only operated for four months in the would not be able to meet), the drill site and import based on summer because of climate conditions technology basis would be projections of crane usage. EPA that are specific to Cook Inlet. Drilling transportation and disposal to the lower determined crane usage by considering wastes are first transported by supply contiguous United States for those the drilling waste volumes to be boats from the platform to a temporary operators not having access to Alaska handled and estimates of crane handling storage facility on the east side of Cook landfills Option 2. capacity. EPA also used drilling waste 9468 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules volumes to determine the number of promulgation is estimated at this option (amounting to approximately truck trips required. The number of approximately 54 tons of NOX for each 22,000 bbls) in a landfill available in truck trips, in conjunction with the well subject to the zero discharge Idaho, rather than grind and inject them distance travelled between the marine limitations. (See Section VI), because this is less transfer station and the disposal site, expensive than installing grinding and 3. Solid Waste Generation and enabled an estimate of fuel usage. The Management injection equipment for these smaller use of land-spreading equipment at the volumes. Because of this small volume disposal site was based on the drilling The regulatory options considered for of wastes, EPA assumed that there is waste volumes and the projected this rule will not cause generation of ample landfill capacity in the lower 48 capacity of the equipment. In evaluating additional solids as a result of the states for disposal of 22,000 bbls of the zero discharge requirement, EPA treatment technology. However, as wastes that would be generated over the calculated for those operators that do already discussed, spent drilling fluids seven years following the scheduled not have access to the landfill in Cook and drill cuttings may be disposed of promulgation. Inlet, fuel requirements for grinding and onshore to comply with these options. injection equipment. The equipment There are currently no commercially 4. Consumptive Water Use evaluated included the pumps running operating disposal sites in Cook Inlet Since little or no additional water is the cuttings grinding system (the ball accepting drilling wastes. The only land required above that of usual mills and conveyors) and the injection disposal facility accepting drilling consumption, no consumptive water pumps. The methodology used to wastes from Cook Inlet operations is loss is expected as a result of this rule. determine fuel consumption is further privately owned and operated. The lack 5. Safety discussed in the Coastal Technical of commercial disposal sites would Development Document. Table 9 require operators that do not own a land EPA investigated the possibility of an summarizes the incremental increase in disposal facility to either transport the increase in injuries and fatalities that energy requirements for the drilling drilling wastes to the nearest known would occur as a result of hauling fluids and drill cuttings options commercial disposal facility located in additional volumes of drilling wastes to considered for this rule. Idaho or inject the drilling wastes into shore. EPA acknowledges that safety underground formations. concerns always exist at oil and gas 2. Air Emissions Capacity estimates for the only facilities, regardless of whether EPA estimated air emissions resulting available disposal facility in Cook Inlet pollution control is required. EPA from the grinding and injection show that this landfill has enough believes that the appropriate response to equipment systems, or the operation of storage capacity to accept the volume of these concerns is adequate worker safety boats, cranes, trucks and earth-moving drilling fluids and cuttings (422,780 training and procedures as is practiced equipment necessary to either dispose bbls over the next seven years following as part of the normal and proper of drilling fluids and drill cuttings promulgation of this rule) that would be operation of oil and gas facilities. onshore or to grind and inject these generated under Option 3 (zero wastes by using emission factors discharge) from the two operators that it 6. Increased Vessel Traffic in Cook Inlet relating the production of air pollutants now serves. The volume of drilling EPA estimates that a total of 231 boat to time of equipment operation and wastes generated by these two operators trips would be required to comply with amount of fuel consumed. The under the zero discharge option a zero discharge requirement. This incremental increase in air emissions represents about 71 percent of the estimate is for all drilling that will take associated with the control options excess available capacity at this landfill. place in the next seven years after considered by EPA in this final The other Cook Inlet operators would expected promulgation of the rule. In rulemaking are presented in Table 9. not dispose of their drilling fluids and actuality, EPA determined, from drilling In developing regulations to control cuttings by landfilling, but rather by schedules supplied by industry, that air pollution from OCS sources pursuant grinding and injection (See Section VI), drilling would only occur for seven to the 1990 Clean Air Act Amendments, which does not require land disposal. years after promulgation. Thus, these the EPA Office of Air Quality Planning Under Option 2, the estimated volume 231 boat trips equate to approximately and Standards estimated the air of drilling fluids and cuttings requiring 33 additional boat trips per year for emissions associated with various stages land disposal is estimated to be seven years. EPA does not expect this to of oil/gas resource development approximately 17 percent of the total cause traffic problems in the Inlet. In activities (‘‘Control Costs Associated wastes generated over the next seven fact, it will serve to provide service With Air Emission Regulations For OCS years following promulgation of this companies with additional work. EPA Facilities,’’ Final Report September 30, rule (or 17 percent of 552,846 bbls has calculated expected job gains 1991. Prepared by Mathtech, Inc. for which is approximately to 94,000 bbls). associated with the manufacture, EPA). In this study, EPA estimated This is based on the estimate of 83 installation and operation of levels of both controlled and percent compliance with a toxicity technologies required to comply with uncontrolled emissions from limitation between 100,000 ppm (SPP) this rulemaking. exploration, development, and and 1,000,000 ppm (SPP). EPA However, job gains could also be production operations. Information from estimates that the two operators having realized due to increased boat trips and this study was used to determine access to the Cook Inlet landfill will related work required of service emissions from coastal operations send their portion of these wastes there companies. These job gain estimates independent of this rule. Nitrogen (amounting to approximately 72,000 have not been quantified. oxides (NOX) emissions from bbls), and as shown above, there would exploratory drilling activities were be sufficient landfill capacity to B. Produced Water estimated at 78 tons/operation. For accommodate this as well as the zero In assessing the non-water quality comparison, the zero discharge discharge option. The other three environmental impacts of the options requirement for all drilling activities in operators not having access to the Cook considered for control of produced the Cook Inlet projected over the next Inlet landfill would most likely dispose water, EPA projected the incremental seven years from scheduled of their drilling fluids and cuttings for increase in energy requirements and air Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9469 emissions associated with the regulatory options considered. These non-water quality environmental impacts are presented in Table 11. TABLE 11.ÐNON-WATER QUALITY ENVIRONMENTAL IMPACTS FOR PRODUCED WATER Fuel requirements Total emissions (tons/ Option (BOE/yr) yr) BAT NSPS1 BAT NSPS1 1. BPT All ...... 0 0 0 0 2. Oil and Grease ...... 28,595 1,712 258 17 3. Zero Discharge; Cook Inlet BPT 48/72 ...... 258,946 5,948 2,799 64 4. Zero Discharge; Cook Inlet Oil and Grease ...... 260,376 5,948 2,801 64 5. Zero Discharge All ...... 343,759 5,948 2,899 64 1 Impacts are associated only with new sources in the Gulf of Mexico. No new sources are expected in other coastal areas. For small volume production facilities and non-water quality environmental reflects current practice (zero discharge in the Gulf, produced water would be impacts. of these fluids is a requirement in the transported to commercial facilities for The only increase in vessel waterway Region VI general drilling permit). injection to comply with the options traffic due to these options would be for Option 2, requiring limitations equal based on either gas flotation or injection the small facilities that would be to those for produced water, would because it is less expensive for smaller required to barge their produced waters result in the consumption of flows than installing injection or gas to a commercial facility. This amounts approximately 1000 and 300 additional flotation equipment on-site. Produced to approximately 50 facilities out of a BOE per year, for BAT and NSPS water transportation (via barge or truck), total of 216. Because vessels generally respectively, and the generation of 12 and vacuum pumps to unload produced service several facilities on any given and 3 tons of additional emissions per water at the commercial facilities are trip, EPA expects this increase to be year for BAT and NSPS respectively. sources included in fuel use and air small enough that it will be absorbed emissions calculations. For medium to into current vessel operations. IX. Executive Order 12866 large volume facilities in the Gulf and Additionally, use of the coastal Under Executive Order 12866, (58 FR in Cook Inlet, either gas flotation or waterways by the oil and gas industry 51735; October 4, 1993) the EPA must injection would be the technology bases accounts for less than 10 percent of all determine whether the regulatory action to comply with the options. EPA commercial traffic according to data is ‘‘significant’’ and therefore subject to determined the fuel requirements and from the Minerals Management Service. OMB review and the requirements of air emissions for these technologies by A slight increase in vessel traffic due to the Executive Order. The Order defines evaluating: this rule would have negligible effect on ‘‘significant regulatory action’’ as one • Power requirements to operate feed the water traffic overall. that is likely to result in a rule that may: pumps and gas flotation devices (1) Have an annual effect on the • Injection pumps and feed pumps C. Treatment, Workover and Completion economy of $100 million or more or for injection and pretreatment Fluids adversely affect in a material way the technology The non-water quality environmental Energy consumption for the different impacts associated with disposal of economy, a sector of the economy, options was determined based on the treatment, workover and completion productivity, competition, jobs, the produced water flowrates and the fluids are the fuel requirements and air environment, public health or safety, or associated power requirements for emissions resulting from transportation State, local or tribal governments or operating treatment and injection to commercial disposal where operators communities; systems. choose this method to comply with the (2) Create a serious inconsistency or EPA calculated the air emissions for rule. No incremental energy otherwise interfere with an action taken each discharging facility by taking the requirements and air emissions have or planned by another agency; product of specific emission factors, the been estimated for existing facilities that (3) Materially alter the budgetary usage in hours (that is, hours per year), treat and discharge or inject treatment, impact of entitlements, grants, user fees, and the horsepower requirements. EPA workover and completion fluids onsite. or loan programs or the rights and calculated total emissions for zero This is because the control options for obligations of recipients thereof; or discharge based on the use of the facilities that treat and inject onsite (4) Raise novel legal or policy issues reciprocating natural gas fired engines are based on commingling treatment, arising out of legal mandates, the as the power source for the injection workover and completion fluids with President’s priorities, or the principles pumps. According to industry, these the produced water and, therefore, non- set forth in the Executive Order. engines are commonly used in coastal water quality environmental impacts Pursuant to the terms of Executive production facilities. Air emissions associated with this activity have Order 12866, it has been determined increases calculated for the produced already been taken into account in that this rule is a ‘‘significant’’ water options include nitrogen oxides assessing the impacts of control options regulatory action. As such, this action (NOX), sulfur dioxide (SO2), and for produced water. was submitted to OMB for review. hydrocarbons. See the Coastal Technical Option 1, requiring BPT limits and Changes made in response to OMB Development Document for more detail zero discharge to freshwaters in suggestions or recommendation will be on the estimated compliance costs and Louisiana, would not cause additional documented in the public record for this EPA’s calculation of pollutant removals non-water quality impacts because it rulemaking. 9470 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules X. Executive Order 12875 facilities that is regulated as new drill cutting discharges are not Executive Order No. 12875 requires sources which may need to be permitted evaluated for Gulf of Mexico coastal Federal Agencies to consider the by the regions and states. Because the operations since they are prohibited by impacts that unfunded mandates will number of new sources is projected to state authorities and existing NPDES have on state, local, or tribal be very small and can be permitted by permits. Three types of benefits are governments. The coastal oil and gas general permits, we expect this to be a analyzed: quantified and non- industry is not associated with tribal minimal resource requirement. monetized, quantified and monetized, governments, and the burden to state Since the inception of the project in and non-quantified and non-monetized and local regulatory authorities is 1994, there have been periodic meetings benefits. expected to be minimal, if not with the industry and several trade Coastal waters maintain diverse decreased, by the implementation of associations, including the Louisiana ecosystems which act as spawning this rule. and Texas Independent Oil and Gas grounds, nurseries and habitats for The CWA, section 301 prohibits Associations (TIOGA and LIOGA) and important estuarine and marine species discharges of pollutants unless American Petroleum Institute (API) to (finfish and shellfish); support highly permitted under sections 402 or 404 of discuss progress on the rulemaking. The valuable commercial and recreational the CWA. Effluent limitations Agency also has met with the Natural fisheries; and provide critical habitat for guidelines, new source performance Resources Defense Council (NRDC) to seabirds, shore birds and terrestrial standards and pretreatment standards discuss progress on this rulemaking. wildlife. The commercial fisheries in are implemented through the National Because all of the facilities affected by Texas and Louisiana (finfish, shrimp, Pollutant Discharge Elimination System this proposal are direct dischargers, the crabs and oysters) were valued at $476 (NPDES) permits issued under section Agency did not conduct an outreach million in 1992. Commercial species 402 of the CWA by EPA’s Regions or, if survey of POTWs. spend a significant portion of their life delegated NPDES authority, the The Agency also held a public cycle in bays and estuaries. The 1993 delegated states. Generally, coastal oil meeting on July 19, 1994. The purpose value of Cook Inlet commercial fisheries and gas facilities are permitted by EPA of the meeting was to present the project (finfish, clams,crabs and shrimp) was Regions, or in the case of Alabama, by status and discuss the technical options $48 million. Approximately $30 million the Alabama NPDES program, using under consideration for this proposal. of this total was from Upper Cook Inlet general permits which cover an entire Representatives from industry trade salmon fisheries. The estimated area specified in that permit. For associations, individual industry consumer surplus associated with Cook example, Region VI’s general permit for companies, state regulatory authorities Inlet recreational fisheries is about $26 coastal drilling operations covers all the U.S. Department of Energy and million per year (in 1993 dollars). In coastal operations in Texas and Interior (Minerals Management Service) addition, personal use and subsistence Louisiana, except for a few facilities and the Sierra Club Legal Defense Fund fisheries provide food source and whose operations are noted in the attended. cultural values to Alaskan residents and permit. Alabama currently requires zero The Agency will continue this process Alaskan native populations. Coastal discharge in their permits for coastal oil of consulting with state, local, and other waters also serve as critical habitats for and gas operations. affected parties after proposal in order numerous federally designated These proposed requirements, when to further minimize the potential for endangered and threatened species promulgated, will be implemented via unfunded mandates that may result (including 32 in coastal areas of Texas the existing regulatory structure and no from this rule. and Louisiana) , and migrating additional burden is expected. In the XI. Paperwork Reduction Act waterfowl. absence of effluent limitations Coastal waters are generally shallow, guidelines, establishing BAT, BCT, The proposed coastal oil and gas where tidal action has limited effect, NSPS, PSES and PSNS, permit effluent limitations guidelines and and dilution and dispersion are more limitations are to be developed on as standards contain no new information limited than offshore waters. case-by-case ‘‘Best Professional collection activities, and therefore, no Additionally, pollutants can migrate Judgement’’ (BPJ) basis. In addition, all information collection request will be much more readily into sediments, NPDES permits must incorporate state submitted to OMB for review in where they may have long residence water quality standards. Once, these compliance with the Paperwork times. Consequently, these receiving Coastal Guidelines are in place, the Reduction Act, 44 U.S.C. 3501 et seq. environments are highly sensitive to Regions will no longer be required to XII. Environmental Benefits Analysis pollutant discharges compared to open expend both in-house and contractor offshore areas. Many of the pollutants in efforts in BPJ developments, and where A. Introduction coastal oil and gas discharges are either zero discharge is required, the Regions The Water Quality Benefit Analysis conventional pollutants, aquatic and states will no longer be required to (Benefit Analysis) evaluates the effect of toxicants, human carcinogens, or human determine permit limitations based on current discharges and the benefits of systemic toxicants. The impact of these water quality standards. Thus, these proposed limitations for the coastal pollutants on aquatic biota include guidelines will actually serve to reduce subcategory of the oil and gas extraction acute toxicity; chronic toxicity; effects the regulatory burden on the Regions industry on the coastal environment. on reproductive functions; physical and states that permit existing sources The benefit analysis considers two destruction of spawning and feeding in the coastal oil and gas industry. As separate geographic areas: Gulf of habitats; and loss of prey organisms. In it could take approximately $100,000 for Mexico (Louisiana and Texas) and Cook addition, many of these pollutants are contractor support, and at least one in- Inlet, Alaska. The benefit analysis persistent, resistant to biodegradation house FTE per general permit examines potential impacts from current and accumulate in aquatic organisms. development based on BPJ and water produced water discharges in both Chemical contamination of aquatic biota quality requirements, this could result geographic areas, and from drilling may also directly or indirectly impact in substantial savings. However, fluids and drill cuttings discharges in local aquatic and terrestrial wildlife and issuance of NSPS creates a class of Cook Inlet. Effect of drilling fluids and humans consuming exposed biota. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9471 Conventional pollutants, such as TSS Texas and Louisiana estuarine drainage standards at the three meter depth. The and oil & grease can have adverse effects systems, and (b) monetized benefits (i.e., proposed BAT zero discharge option on human health and environment. For (i) estimated reduction of carcinogenic would eliminate all projected example, habitat degradation can result risk from consumption of seafood exceedances. from increased suspended particulate contaminated with Ra226 and Ra228 (iii) Projected Reduction of Point matter that reduces light penetration based on limited observations and Source Toxic Loading Contribution to and thus primary productivity. modeled levels; and (ii) estimated Texas and Louisiana Estuarine Drainage Suspended solids in the water column ecological benefits of zero discharge of Systems. The watershed pollutant can have a direct effect on the fish either produced water.)) loadings from produced water are killing them, or reducing their growth (a) Quantified Non-Monetized compared to other industrial and rate and/or resistance to disease, Benefits. municipal point sources (i.e., excluding preventing successful development of (i) Documented Case Studies. A pollutant loadings from nonpoint fish eggs and larvae, modifying fish comprehensive review of available data sources and atmospheric deposition) for movement and migration and reducing identified 25 study sites (12 in Texas and Louisiana estuarine drainage the abundance of food available to fish. Louisiana and 13 in Texas) that systems. At the current (BPT) discharge Settleable materials which blanket the examined impacts of produced water level, produced water in Texas bottom of the water bodies cause discharges on coastal environment. The contributes about 20 percent, and in benthic smothering, damage majority of evaluated study sites are in Louisiana about 60 percent of total point invertebrate populations and can alter water depths less than 3 meters, and source mass pollutant loadings into spawning grounds and feeding habitat. include variable environments (i.e., their respective watersheds. The Oil and grease can have lethal effect on wetlands, saltmarshes, and fresh or proposed zero discharge would fish, by coating surface gills causing brackish marshes), and both relatively eliminate produced water pollutant asphyxia, or depleting oxygen levels low and high energy areas. The loading contribution to the Texas and due to excessive biological demand, or documented impacts show elevated Louisiana coastal watershed. reducing reaeration because of surface hydrocarbons and metals in water (b) Quantified Monetized Benefits. (i) film. Oil and grease can also have column and sediments, and reveal Projected Cancer Risk Reduction detrimental effects on waterfowl by impacts on biota (i.e., depressed Benefits. Upper bound individual destroying the buoyancy and insulation community structure such as abundance cancer risks from consuming fish of their feathers. Bioaccumulation of oil or diversity) up to 1,000 meters (and contaminated with Ra226 and Ra228 from substances can cause human health more) from the produced water current produced water discharges are problems including tainting of fish and discharge. The salinity effects are estimated for recreational and bioaccumulation of carcinogenic typically detected up to 300 meters from subsistence anglers, and aggregate polycyclic aromatic compounds. the discharge, and up to 800 meters in human cancer risks are projected and Benefits of this proposed rule include dead-end canals. A benthic dead zone monetized. Risks are estimated using elimination of toxic, conventional, and (no benthic fauna) is documented up to two types of data: (1) Measured field nonconventional pollutants, or 15 meters and severely depressed seafood data (i.e., because background reduction to levels below those benthic communities are noted to 150 to levels could not be adequately considered to impact receiving water’s 400 meters from produced water determined average Ra226 and Ra228 biota, and elimination or reduced outfalls. levels were used based on field samples impacts on human health. Potential (ii) Projected Water Quality Benefits. of fish, crabs and oysters collected benefits may ultimately include reduced The effects of toxic pollutants in current within 3,000 meters of produced water aquatic habitat degradation; improved (BPT) produced water discharges on discharges in coastal subcategory areas recreational fisheries; improved receiving water quality and benefits of of Louisiana), and (2) modelled effluent subsistence and personal use fisheries proposed effluent guidelines are data (i.e., using current subcategory- (important to low-income anglers and evaluated. Plume dispersion modeling wide produced water concentrations of Alaska’s Native anglers, etc.); improved is performed to project in-stream Ra226 and Ra228 and plume dispersion commercial fisheries; improved concentrations of 66 pollutants model at mean outfall discharge rates to aesthetic quality of waters; improved (representing subcategory-wide estimate Ra226 and Ra228 levels in recreational opportunities; and produced water discharge) at the edge of seafood). [Using the estimated Ra226 and decreased harm to threatened or the state-prescribed mixing zones for Ra228 concentrations in seafood, EPA endangered species in Gulf of Mexico Texas and Louisiana at one and three estimates individual cancer risks and Cook Inlet. meters water depths. The in-stream assuming two different consumption concentrations are compared to Texas rates of 147.3 g/day for subsistence B. Quantitative Estimate of Benefits and Louisiana state standards; Texas has anglers and 15 g/day for recreational (1) Gulf of Mexico. The Gulf of standards for 12 of the pollutants and anglers]. In addition, all individual Mexico benefits associated with Louisiana for 14. The results based on cancer risks are adjusted by factors of produced water include: (a) non- the mean discharge rate show one 0.2 and 0.75 to account for ingestion of monetized benefits (i.e., (i) review of pollutant (silver) in Texas exceeds its seafood from locations some of which case studies of environmental impacts chronic standard at the one meter depth; are not contaminated with the Ra226 and of produced water that document in Louisiana, one pollutant (copper) Ra228 in coastal produced water adverse chemical and biological impacts exceeds two acute standards (daily discharges. Projected individual cancer resulting from its discharge into coastal average and maximum), two pollutants risks for both risk assessment waters in the Gulf of Mexico; (ii) (copper and lead) exceed two chronic approaches are at 10-4 level for modeled water quality benefits standards, and one pollutant (benzene) subsistence anglers, and at 10-6 level expressed as reduction/elimination in exceeds two human health standards at recreational anglers. The proposed zero exceedances of human health or aquatic the one meter depth, and at three meter discharge of produced water will life state water quality standards; and depth one pollutant (copper) exceeds its eliminate these estimated cancer risks (iii) estimated reduction of total point acute standard, and one pollutant over time. Based on measured field data, source toxic loading contribution to (benzene) exceeds two human health the proposed BAT is projected to 9472 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules eliminate 1.1 to 4.3 annual cancer cases of Texas and Louisiana Bay recreational Alaska state requirements do not have and the monetized benefits from cancer values ranges from $0.8 million to $184 spatially-defined mixing zones. (Alaska cases avoidance are projected to range million per year in 1990 dollars ($1.0 determines the extent of the mixing from $2.3 to $43 million. Using the million to $210 million in 1994 dollars). zone needed to achieve compliance modelling approach, the proposed BAT These per acre estimates are consistent with water quality standards and is projected to eliminate 1.2 to 4.6 with the estimated average recreational evaluates reasonableness of this cancer cases per year, resulting in value of the acreage of Galveston Bay, calculated mixing zone). The water monetized benefits in $ 2.4 to $46 which ranges from $336 to $730 per quality assessment for Cook Inlet million per year. acre. (The Galveston Bay estimates do therefore determines the spatial extent The temporal dynamics of both not net out the cost to recreational users of mixing zones needed for each impacts and benefits assessments is of using the resource.) These estimates evaluated outfall to meet all state relevant to the human health risk may not be marginal values as they are standards at current discharge and at the assessment. For the assessments of calculated from the total recreational proposed BAT. For the eight outfalls cancer reduction benefits, the value of Galveston Bay and total acreage modeled, the distance from each facility methodology is consistent with of the Bay. There may be concern that where all state standards are met ranges estimating costs for the rule, using a the value of wetland recovery from within 50 feet to 2,500 meters at one-year ‘‘snap-shot’’ approach. diminishes as the amount of recovered current (BPT) level, and from within 50 Allocating the full value of annual acreage increases and therefore these feet to 2,000 meters at proposed BAT. benefits within one year following average values would overstate the (b) Drilling Fluids and Drill Cuttings. cessation of produced water discharges relevant marginal values by an Discharges of drilling fluids and drill may appear to over-estimate potential unknown amount. As these studies use cuttings are modelled using Offshore annual benefits in cases where different estimation methods, cover Operator’s Committee (OOC) Mud incomplete recovery has occurred. different types of wetlands, marshes and Discharge Model to project in-stream However, in such cases where impacts coastal waters which may differ from concentrations of 19 pollutants in water are incompletely recovered, a those affected by this rule, and generally column at the edge of a 100 meter consideration of total impact would reflect average values rather than the mixing zone. The projected pollutant need to include any impacts expected to social valuation of small (marginal) concentrations are then compared to the occur beyond that year. This analysis changes in acreage, EPA solicits Alaska state water quality standards. does not attempt to identify or allocate comments on the appropriateness of this The discharge rates are modeled in benefits on a yearly basis, but merely benefit analysis and requests data on accordance with the maximum averages total benefits so that monetized marginal values of wetlands, in discharge rates allowable under the benefits may be compared to costs that particular in Texas and Louisiana. existing NPDES general permit for Cook are developed using the same approach. (iii) Total Monetized Benefits. EPA Inlet (1,000 bph in water depths (ii) Projected Ecological Benefits for estimates that total monetized benefits exceeding 40 meters; 750 bph in water Texas and Louisiana Bays. A potential (i.e. combining cancer risk reduction depths from 20 to 40 meters; and 500 ecological benefit of zero discharge of and ecological benefits) resulting from bph in water depths from 5 to 20 produced water in Texas and Louisiana proposed zero discharge of produced meters). Discharges are prohibited in coastal areas is projected from a Trinity water range from approximately $3.2 to waters between the shore and the 5 Bay case study. This study shows that $230 million per year in 1990 dollars meter isobath. The modeling results measures of total benthic abundance ($3.7 million to $263 million in 1994 show four standards are exceeded and species richness are depressed by dollars). (human health standards for beryllium discharges, up to distances between 1.7 (2) Cook Inlet. Quantified benefits and fluorene and the drinking water kilometers and 4 kilometers from the analyzed in Cook Inlet include non- standards for aluminum and iron) at 40 point of discharge. (Data on abundance monetized quantified benefits meter water depth; at 20 meters water of other species, such as waterfowl were associated with proposed regulations of depth five standards are exceeded not collected.) Taking into account the produced water and drilling fluids and (human health standards for beryllium, severity of these impacts at different drill cuttings. These benefits include fluorene, and phenanthrene, and distances, the equivalent acreage modeled water quality benefits drinking water standards for aluminum affected in this case study ranges from expressed: (a) as a reduction of mixing and iron); and six standards are 200 to 2,817 acres. Extrapolating from zone needed for produced water exceeded at the 10 meters water depth this case study to the other sites that discharges to meet Alaska state water (human health standards for beryllium, would be affected by this rule, EPA quality standards, and (b) as a reduction fluorene, and phenanthrene, and estimates that the total Texas and or elimination in exceedances of Alaska drinking water standards for aluminum, Louisiana acreage affected ranges from state water quality standards at the edge antimony, and iron) at both current BPT 14,607 acres to 195,488 acres. EPA of mixing zone from drilling fluids and discharge and the alternative BAT identified numerous values for an acre drill cutting discharges. Option 2 which would allow discharge of wetland but none were marginal (a) Produced Water. The effects of of drilling fluids and drill cuttings with estimates for Texas or Louisiana, and toxic pollutants in current (BPT) certain limitations. The zero discharge some did not net out the cost of produced water discharges on receiving option (Option 3) would eliminate all recreational use. A literature review for water quality and benefits of proposed projected exceedances. wetland value estimates conducted for effluent guidelines are evaluated. Plume Mineral Management Services (MMS) in dispersion modeling is performed to C. Description of Non-Quantified 1991, reports that different studies have project in-stream concentration of 21 Benefits estimated recreational and commercial pollutants at the edge of the mixing The Benefit Analysis attempts to wetland values for coastal Louisiana zones from eight outfalls representing quantify, and whenever appropriate, to ranging from $57 to $940 per acre per Cook Inlet produced water discharge; monetize specific environmental year (with a median value of $410 per the in-stream concentrations are then benefits that may result from the options acre per year) in 1990 dollars. Using this compared to the Alaska’s state proposed for this rule. However, some range of values, the estimated increase limitations. Unlike the Gulf of Mexico, of the potential benefits could not be Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9473 quantified or monetized because of the Pacific Black Brant, Emperor Goose, and B. Diesel Prohibition for Drilling Fluids lack of data, or because sufficient Tule Goose. There are at least four and Drill Cuttings information to define the causal endangered cetacean species which may Under EPA’s alternative option for relationship between coastal oil and gas occur in or near Cook Inlet. These drilling fluids and drill cuttings, diesel production activities and environmental include the humpback whale, fin whale, oil and muds and cuttings contaminated effects is not available. The evaluated sei whale, and gray whale. Endangered with diesel would be prohibited from non-quantified benefits include: (1) an avian species which may occur as discharge from Cook Inlet oil platforms. analysis of environmental equity issues migrants in or near Cook Inlet include The reader is referred to the Offshore related to this rulemaking; (2) effects on the short-tailed albatross, American Guidelines (58 FR 12502) for a threatened or endangered species and peregrine falcon, and Arctic peregrine discussion on the implementation of migratory waterfowl, and potential falcon. Control of produced water and this requirement. benefits from the proposed rule for ecosystem health for coastal areas of treatment, workover, and completion C. Upset and Bypass Provisions fluids discharges and zero discharge of Gulf of Mexico and Cook Inlet. A recurring issue of concern has been drilling fluids and drill cuttings, would (1) An Analysis of Environmental whether industry guidelines should reduce these impacts. Equity Issues. An analysis of potential include provisions authorizing impacts on socioeconomic and ethnic D. EPA Region VI Production Permit noncompliance with effluent limitations groups in coastal areas of Texas, during periods of ‘‘upsets’’ or Louisiana, and Cook Inlet conducted to The benefits of the proposed rule ‘‘bypasses’’. The reader is referred to the address environmental equity issues evaluated in the benefit analysis are Offshore Guidelines (58 FR 12501) for a related to the discharges from coastal oil based on discharges and discharge discussion on upset and bypass and gas facilities indicates that the locations that were projected for the provisions. subsistence and personal use of fisheries proposed guidelines (without the D. Variances and Modifications in both geographic areas may be published final Region 6 NPDES appreciable, indicating potential General permits regulating produced Once this regulation is in effect, the environmental equity concerns for low water discharges to coastal waters in effluent limitations must be applied in income subsistence and personal use Louisiana and Texas in effect). Because all NPDES permits thereafter issued to anglers including Alaska’s Native discharges covered under this effluent of the close timing of the publication of populations. These socioeconomic and limitations guideline subcategory. ethnic groups are known to be frequent these final General permits and the Under the CWA certain variances from recreational or subsistence anglers and proposed effluent guidelines, little BAT and BCT limitations are provided are consuming a high rate of seafood, opportunity for in-depth re-analysis of for. A section 301(n) (Fundamentally and could consequently be at higher environmental benefits occurred. The Different Factors) variance is applicable than average risk, providing they approach selected is to proportionate to the BAT and BCT and pretreatment consume seafood that may be quantified benefits based on a simple limits in this rule. The reader is referred contaminated with coastal oil and gas flow proportion (i.e., the 29 percent to the Offshore Guidelines (58 FR pollutants. The subsistence and share of produced water flow), 12502) for a discussion on the personal use fisheries in these areas also attributable to the facilities excluded applicability of variances. provide food sources that would from coverage under the General E. Synthetic Drilling Fluids otherwise have to be purchased permits but covered by the proposed elsewhere. In addition, Cook Inlet effluent guidelines. Using this approach, During the Offshore Oil and Gas fisheries are of cultural value to Alaskan EPA estimates that with the Region 6 Guidelines rulemaking, several industry Native populations in that they allow General permits final, quantified commenters noted recent developments the continuance of a traditional lifestyle monetized benefits may be in the $0.9 in formulating new (synthetic) drilling fluids as substitutes for the traditional dependent on the natural resources of to $67 million range in 1990 dollars water-based or oil-based fluids. The the Inlet. A zero discharge and control ($1.1 to $76 million in 1994 dollars). of discharges of produced water, and newer drilling fluids provide improved EPA will re-evaluate environmental zero discharge of drilling fluids and environmental and operational benefits benefits of the coastal oil and gas drill cuttings, and well treatment, when compared to many of the workover and completion fluids subcategory effluent guidelines upon traditional fluids being used. The discharges would reduce these impacts. promulgation of the final rule. industry commenters contended that the (2) Effects on Threatened and XIII. Regulatory Implementation new drilling fluids are not being used Endangered Species. The proposed due to potential interpretation of regulation may also have beneficial A. Toxicity Limitation for Drilling Fluids effluent guidelines and permit effects on 32 threatened and endangered and Drill Cuttings limitations. Prohibitions on the use of species in coastal area of Texas and oil-based fluids and inverse emulsions Louisiana (such as Brown Pelican, Under the alternative option EPA were identified as potential barriers to Hawksbill Sea Turtle, Leatherback Sea considered for drilling fluids and drill use. Commenters also specifically Turtle, Ocelot, and others) that use these cuttings, EPA would establish a toxicity identified the sheen test, which is used areas as part of their habitat. The Upper limit for this waste stream. The toxicity to prohibit the discharge of fluids and Cook Inlet is an important pathway for limitation would apply to any periodic cuttings containing free oil, as giving spawning fish and nonendangered blowdown of drilling fluid as well as to false positive results due to a mammals which are resident or occur bulk discharges of drilling fluids and discoloration which may occur when seasonally in Cook Inlet including sea drill cuttings systems. The reader is cuttings containing small amounts of lion, fur seal, harbor seal, sea otter and referred to the Offshore Guidelines (58 some of the synthetic fluids are beluga whale. The Cook Inlet area is FR, March 4, 1993, page 12502) for an discharged. also a critical habitat for seabirds, explanation of the regulatory Since the promulgation of the shorebirds, and migrating waterfowl, implementation for the toxicity limit. Offshore Guidelines, data have been including the Cackling Canada Goose, submitted to document the enhanced 9474 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules environmental performance of synthetic submitted data, including information F.2d 289, 292 (3rd Cir. 1986) cert. fluids. These data show lower toxicity in the offshore rulemaking record, in denied. 479 U.S. 1084 (1987). Congress than several of the generic fluids used order to assess the environmental and made this explicit in the Water Quality as the basis for the offshore toxicity performance benefits that could be Act of 1987 which provided that EPA limit of 30,000 ppm (SPP). Results of achieved by using synthetic fluids, and could not authorize any removal credits laboratory and field (seabed) evaluations take those regulatory actions that may until it issued the sewage sludge use of the biodegradation of one synthetic be appropriate to mitigate or eliminate and disposal regulations required by fluid demonstrated good barriers to using these fluids. section 405(d)(2)(a)(ii). biodegradation. Case histories of field Additional discussion of the F. Removal Credits for Indirect use have documented enhanced availability of removal credits is Dischargers operational and environmental contained in the Coastal Technical performance, which can include Many industrial facilities discharge Development Document. This rule reductions in waste generated and large quantities of pollutants to POTWs proposes to establish pretreatment improvement of non-water quality where their wastewaters mix with standards for existing and new sources impacts. Laboratory data have indicated wastewater from other sources, as zero discharge for drilling fluids and no detectable priority pollutants to be domestic sewage from private drill cuttings; produced water; well present in synthetic fluids. residences and run-off from various treatment, workover, and completion In the preamble to the March 4, 1993, sources prior to treatment and discharge fluids; and deck drainage, and EPA’s final Offshore Guidelines (58 FR 12496), by the POTW. Industrial discharges pretreatment regulations at 40 CFR EPA identified several issues raised by frequently contain pollutants that are 403.7(a)(i) limit such authorization to commenters for which additional generally not removed as effectively by when the POTW demonstrates and information was solicited. While EPA treatment at the POTWs as by the continues to achieve consistent removal wishes to encourage the use of less toxic industries themselves. of the pollutant in accordance with drilling fluids, EPA was concerned that The introduction of pollutants to a 403.7(b), it is highly unlikely that without a substitute for the static sheen POTW from industrial discharges may removal credits would be available for test, it would not be possible to enforce pose several problems. These include these discharges. the no free oil limit. EPA also solicited potential interference with the POTW’s EPA welcomes comment on when and specific data concerning the toxicity of operation or pass-through of pollutants how removal credits may be authorized new synthetic drilling fluids. if inadequately treated. As discussed, for the pollutants in the circumstances Subsequently, several industry Congress, in section 307(b) of the Act, of the coastal oil and gas subcategory. directed EPA to establish pretreatment companies have submitted additional XIV. Related Rulemakings information. EPA has reviewed this standards to prevent these potential information and is conducting problems. Congress also recognized that, In addition to these Coastal additional work to further evaluate the in certain instances, POTWs could Guidelines, EPA is in the process of issues. This work is related to the provide some or all of the treatment of developing other regulations that analytical capability to identify the an industrial user’s wastewater that specifically affect the oil and gas synthetic fluids versus diesel, mineral would be required pursuant to the industry. These other rulemakings, or crude (formation) oils which may pretreatment standard. Consequently, summarized below, are in the cause a sheen when used fluids or Congress established a discretionary developmental stages, and have not, as cuttings are discharged and the toxicity program for POTWs to grant ‘‘removal yet, been proposed. EPA’s offices are of the synthetic fluids. Results of the credits’’ to their indirect dischargers. coordinating their efforts with the intent submitted analytical methods The credit, in the form of a less stringent to monitor these related rulemakings to investigations, summarized gas pretreatment standard, allows an assess their collective costs to industry. increased concentration of a pollutant in chromatography mass copy (GC/MS) A. National Emission Standards for the flow from the indirect discharger’s identification of polyalphaolafin Hazardous Air Pollutants synthetic fluids. The usefulness and facility to the POTW. limitations of the methods were Section 307(b) of the CWA establishes National emission standards for discussed. Use of GC equipment shows a three-part test for obtaining removal hazardous air pollutants (NESHAP) are promise for detecting low credit authority for a given pollutant. being developed for the oil and gas concentrations of oil in synthetic fluids, Removal credits may be authorized only production industry by EPA’s Office of e.g., less than 1 percent, but requires if (1) the POTW ‘‘removes all or any part Air Quality, Planning and Standards further evaluation. Based on the results of such toxic pollutant,’’ (2) the POTW’s (OAQPS), under authority of section 112 of the initial work and work performed ultimate discharge would ‘‘not violate (d) of the Clean Air Act as amended in as part of the final Offshore Guidelines that effluent limitation, or standard 1990. Section 112 (d) of the Clean Air to differentiate between mineral oil and which would be applicable to that toxic Act directs the EPA to promulgate diesel oil (58 FR 12502), the ‘‘methods pollutant if it were discharged’’ directly regulations establishing hazardous air for the determination of Diesel, Mineral rather than through a POTW and (3) the pollutant (HAP) emissions standards for and Crude Oils in Offshore Oil and Gas POTW’s discharge would ‘‘not prevent each category of major and area sources Industry Discharges’’ (EPA 821–R–92– sludge use and disposal by such that has been listed by EPA for 008) may be useful, with or without [POTW] in accordance with section regulation under section 112 (c). The slight modifications, as an alternative or [405].* * *’’ Section 307(b). 189 pollutants that are designated as verification step to the free oil and EPA has promulgated removal credit HAP are listed in section 112 (d). For diesel oil discharge prohibitions. regulations in 40 CFR 403.7. The United major sources, or facilities which emit EPA solicits data on the use to-date of States Court of Appeals for the Third 10 or more tons per year (TPY) of an synthetic fluids and any data, including Circuit has interpreted the statute to individual HAP pollutant or 25 or more well logs, toxicity and analytical require EPA to promulgate TPY of multiple HAPs, the air emission methods testing and in-situ seabed and comprehensive sewage sludge standards are based on ‘‘maximum water column physical, chemical and regulations before any removal credits achievable control technology’’ or biological testing. EPA will evaluate all could be authorized. NRDC v. EPA, 790 MACT. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9475 Major sources within the coastal oil It is not known at this time what XV. Solicitation of Data and Comments and gas subcategory have been percentage of this cost will be incurred identified by OAQPS as stand alone by the coastal oil and gas industry. EPA EPA encourages public participation glycol dehydrators, tank batteries, gas solicits comment regarding this. in this rulemaking and invites plants, and offshore production comments on any aspect of these 3. Spill Prevention, Control, and platforms. In most cases, OAQPS proposed regulations. The EPA asks that Countermeasure believes that, in order to be a major comments address any perceived source, a coastal production facility EPA’s Oil Pollution Prevention deficiencies in the record of this must have glycol dehydrators located regulation at 40 CFR part 112, otherwise proposal and that suggested revisions or on-site: a production facility alone may known as the Spill Prevention, Control, corrections be supported by data where not produce enough emissions to be and Countermeasure (SPCC) regulation possible. The preceding parts of this classified as a major source. was promulgated in 1973 under section notice identify specific areas where EPA plans to propose MACT 311 (j) of the CWA. The SPCC regulation comments are solicited. In addition, standards for the oil and gas industry by applies to all oil extraction and EPA particularly requests comments June 1995 and promulgate them by June production facilities that have an oil and information on the following: 1996. OAQPS estimates that the total storage capacity above certain (1) Combining the Onshore and Coastal cost of these standards will be $13 thresholds (i.e. an overall aboveground Subcategories million. Offshore production platforms oil storage capacity greater than 1,320 are under the jurisdiction of the gallons or greater than 660 in a single EPA’s proposed coastal rule requires Minerals Management Service and thus, container, or an underground oil storage zero discharge for all drilling fluids and are not affected by these MACT capacity of greater than 42,000 gallons) cuttings, as well as zero discharge for all Standards. EPA solicits information and are located such that a discharge produced waters except from Cook Inlet regarding the percentage of coastal oil could reasonably be expected to reach operations. Because the effluent and gas operations that will be impacted U.S. waters. EPA estimates that there are limitations for the onshore subcategory by this rule. approximately 435,000 SPCC-regulated of the oil and gas industry require zero facilities. Approximately 3,000 of these discharge for all oil and gas wastes (44 2. Area of Review Requirements for facilities are either coastal or offshore FR 22069, April 13, 1979), EPA is Injection Wells facilities. considering the appropriateness of The Safe Drinking Water Act of 1974 Under the SPCC regulations, facility combining these two subcategories for (SDWA) charges EPA with protecting owners or operators are required to regulation of the major wastestreams. underground sources of drinking water prepare and implement written SPCC Combining the subcategories would not (USDWs). As part of this mandate, EPA plans that discuss conformance with only simplify the rule itself but, could developed a program, known as the procedures, methods, and equipment result in reduction of administrative Underground Injection Control Program and other requirements to prevent burden in permit development, and (UIC), to regulate the underground discharge of oil and to contain such facility location determination; EPA injection of produced water, and discharges. solicits comment on the appropriateness promulgate regulations concerning the On July 1, 1994, (59 FR 34070, July 1, of combining these two subcategories. construction, operation, and closure of 1994) EPA issued a final rule for certain XVI. Background Documents Class II injection wells. Such regulations onshore facilities to prepare, submit to were originally promulgated in 1980 (45 EPA, and implement plans to respond to The basis for this regulation is FR 42500, June, 24, 1980). a worst case discharge of oil to meet detailed in two major documents, each As a result of a recent 5-year study on section 4202(a) of the Oil Pollution Act of which is supported in turn by the effectiveness of these regulations, (OPA). EPA is in the process of additional information and analyses in EPA concluded that more detailed developing requirements to meet the rulemaking record. EPA’s technical minimum national standards, than those Section 420.2(a) of OPA specifically for foundation for the regulation is detailed promulgated in 1980, are necessary to coastal facilities (Note: Coastal and in the Development Document for prevent endangerment of USDWs. offshore facilities in the SPCC program Proposed Effluent Limitations EPA is currently in the process of are collectively referred to as ‘‘offshore’’. Guidelines and Standards for the developing such national standards that However, this current rulemaking is Coastal Subcategory of the Oil and Gas would establish: specifically with respect to facilities Extraction Point Source Category. EPA’s * A minimum national standard for landward of the inner boundary of the economic analysis is presented in the well construction, territorial seas, and that are not Economic Impact Analysis of Proposed * More frequent mechanical integrity onshore.) These regulations will, among Effluent Limitations Guidelines and testing when the construction of a well other things, require that owners or Standards for the Coastal Subcategory of does not meet that minimum standard, operators of all coastal facilities prepare the Offshore Oil and Gas Industry. and and submit to the Federal government a These documents are available from the * A requirement for Area of Review plan for responding to a worst case Office of Water Resource Center. (See studies for wells located in areas where discharge of oil. ADDRESSES) The public record for this EPA plans to propose these USDWs are subject to significant risk of rulemaking is available for review at indirect flow via improperly requirements by 1995, and promulgate EPA’s Water Docket. (See ADDRESSES) constructed or abandoned wells. them by 1996. Costs to the industry to The schedule for proposal and comply with these requirements are as Appendix A to the Preamble— promulgation of this rulemaking is not yet unknown. EPA solicits information Abbreviations, Acronyms, and Other specified. Early estimates are that these regarding the storage capacities of Terms Used in This Document UIC requirements would cost less than coastal oil production facilities to Act—Clean Water Act. $50 million per year for the entire U.S. determine the percentage of this Agency—Environmental Protection Agency. oil and gas industry for the first 5 years industry under the Coastal Oil and Gas BADCT—The best available demonstrated after promulgation, and are expected to subcategory that would be affected by control technology, for new sources under decrease after 5 years. the SPCC regulations. section 306 of the Clean Water Act. 9476 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules BAT—The best available technology Effluent Limitations Guidelines and New performance standards, or pretreatment economically achievable, under section Source Performance Standards for the standards for the original subcategory 304(b)(2)(B) of the Clean Water Act. Offshore Subcategory of the Oil and Gas apply. bbl—barrel, 42 U.S. gallons. Extraction Point Source Category. (2) An oil and gas facility, operator, or bpd—barrels per day. U.S.C.—United States Code. bpy—barrels per year. its agent or contractor may move its BCT—Best conventional pollutant control List of Subjects in 40 CFR Part 435 wastewaters from a facility located in technology under section 304(b)(4)(B) of Environmental protection, Oil and gas one subcategory to another subcategory the Clean Water Act. extraction, Pollution prevention, Waste for disposal or treatment and disposal, BMP—Best management practices under treatment and disposal, Water pollution provided: section 304(e) of the Clean Water Act. control. (i) If an oil and gas facility, operator BOD—Biochemical oxygen demand. or its agent or contractor moves BOE—Barrels of oil equivalent. Dated: January 31, 1995. wastewaters from a wellhead located in BPT—Best practicable control technology Carol M. Browner, currently available, under section 304(b)(1) one subcategory to another subcategory of the Clean Water Act. Administrator. where oil and gas facilities are governed CFR—Code of Federal Regulations. For the reasons set forth in the by less stringent effluent limitations Clean Water Act—Federal Water Pollution preamble, 40 CFR part 435 is proposed guidelines, new source performance Control Act Amendments of 1972 (33 to be amended as follows: standards, or pretreatment standards, U.S.C. 1251 et seq.). the more stringent effluent limitations Conventional pollutants—Constituents of PART 435ÐOIL AND GAS guidelines, new source performance wastewater as determined by section EXTRACTION POINT SOURCE standards, or pretreatment standards 304(a)(4) of the Clean Water Act, including, CATEGORY but not limited to, pollutants classified as applicable to the subcategory where the biochemical oxygen demanding, 1. The authority citation for part 435 wellhead is located shall apply. suspended solids, oil and grease, fecal is revised to read as follows: (ii) If an oil and gas facility, operator coliform, and pH. or its agent moves effluent from a CWA—Clean Water Act. Authority: 33 U.S.C. 1311, 1314, 1316, 1317, 1318 and 1361. wellhead located in one subcategory to Direct discharger—A facility which another subcategory where oil and gas discharges or may discharge pollutants to 2. Subpart A is proposed to be facilities are governed by more stringent waters of the United States. amended by revising § 435.10 to read as effluent limitations guidelines, new EIA—Economic Impact Analysis. follows: EPA—Environmental Protection Agency. source performance standard, or Indirect discharger—A facility that Subpart AÐOffshore Subcategory pretreatment standards, the more introduces wastewater into a publicly stringent effluent limitations guidelines, owned treatment works. § 435.10 Applicability; description of the new source performance standards, or IRR—Internal Rate of Return. offshore subcategory. pretreatment standards applicable at the LC50—The concentration of a test material The provisions of this subpart are point of discharge shall apply. that is lethal to 50 percent of the test 4. Subpart D is proposed to be organisms in a bioassay. applicable to those facilities engaged in mg/l—milligrams per liter. field exploration, drilling, well amended by revising §§ 435.40 and Nonconventional pollutants—Pollutants that production, and well treatment in the 435.41 to read as follows: have not been designated as either oil and gas industry which are located conventional pollutants or priority in waters that are seaward of the inner Subpart DÐCoastal Subcategory pollutants. boundary of the territorial seas § 435.40 Applicability; description of the NORM—Naturally Occurring Radioactive (‘‘offshore’’) as defined in section 502(g) coastal subcategory. Materials. of the Clean Water Act. NPDES—The National Pollutant Discharge The provisions of this subpart are Elimination System. 3. Subpart G consisting of § 435.70 is applicable to those facilities engaged in NPV—Net Present Value. proposed to be added to read as follows: field exploration, drilling, well NSPS—New source performance standards Subpart GÐGeneral Provisions production, and well treatment in the under section 306 of the Clean Water Act. oil and gas industry in areas defined as OCS—Offshore Continental Shelf. § 435.70 Applicability. ‘‘coastal.’’ The term coastal means: OMB—Office of Management and Budget. (a) Any oil and gas facility located in POTW—Publicly Owned Treatment Works. (a) Purpose. This subpart is intended ppm—parts per million. to prevent oil and gas facilities subject or on a water of the United States Priority pollutants—The 65 pollutants and to this part from circumventing the landward of the territorial seas; or classes of pollutants declared toxic under effluent limitations guidelines and (b)(1) Oil and gas facilities in section 307(a) of the Clean Water Act. standards applicable to those facilities existence on April 13, 1979 or thereafter PSES—Pretreatment standards for existing by moving effluent produced in one and are located landward from the inner sources of indirect discharges, under subcategory to another subcategory for boundary of the territorial seas and section 307(b) of the Clean Water Act. disposal under less stringent bounded on the inland side by the line PSNS—Pretreatment standards for new defined by the inner boundary of the sources of indirect discharges, under requirements than intended by this part. (b) Applicability. The effluent territorial seas eastward of the point sections 307 (b) and (c) of the Clean Water ° ′ Act. limitations and standards applicable to defined by 89 45 W. Longitude and SIC—Standard Industrial Classification. an oil and gas facility shall be 29°46′ N. Latitude and continuing as SPP—Suspended particulate phase. determined as follows: follows west of that point: TSS—Total Suspended Solids. (1) An oil and gas facility, operator, or Coastal Technical Development Document— its agent or contractor may move its Direction to west lon- Direction to north lati- Development Document for Proposed wastewaters from a facility located in gitude tude Effluent Limitations Guidelines and New one subcategory to another subcategory Source Performance Standards for the West, 89°48′ ...... North, 29°50′. Coastal Subcategory of the Oil and Gas for treatment and return it to a location West, 90°12′ ...... North, 30°06′. Extraction Point Source Category. covered by the original subcategory for West, 90°20′ ...... South, 29°35′. Offshore Technical Development disposal. In such case, the effluent West, 90°35′ ...... South, 29°30′. Document—Development Document for limitations guidelines, new source West, 90°43′ ...... South, 29°25′. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9477 Direction to west lon- Direction to north lati- subject to this subpart that is engaged in National Technical Information Service gitude tude the drilling of productive wells. (NTIS) (reference number ADA 183 (g) The term dewatering effluent 505), 5285 Port Royal Road, Springfield, West, 90°57′ ...... North, 29°32′. means wastewater from drilling fluids VA 22161. West, 91°02′ ...... North, 29°40′. and cuttings dewatering activities (n) The term maximum as applied to ° ′ ° ′ West, 91 14 ...... South, 29 32 . (including but not limited to reserve pits BAT effluent limitations and NSPS for West, 91°27′ ...... North, 29°37′. West, 92°33′ ...... North, 29°46′. or other tanks or vessels, and chemical drilling fluids and drill cuttings means West, 91°46′ ...... North, 29°50′. or mechanical treatment occurring the maximum concentration allowed as West, 91°50′ ...... North, 29°55′. during the drilling solids separation/ measured in any single sample of the West, 91°56′ ...... South, 29°50′. recycle/disposal process). barite. West, 92°10′ ...... South, 29°44′. (h) The term diesel oil refers to the (o) The term maximum for any one West, 92°55′ ...... North, 29°46′. grade of distillate fuel oil, as specified day as applied to BPT, BCT and BAT West, 93°15′ ...... North, 30°14′. in the American Society for Testing and effluent limitations and NSPS for oil West, 93°49′ ...... South, 30°07′. Materials Standard Specification for and grease in produced water means the West, 94°03′ ...... South, 30°03′. Diesel Fuel Oils D975–91, that is maximum concentration allowed as West, 94°10′ ...... South, 30°00′. ° ′ ° ′ typically used as the continuous phase measured by the average of four grab West, 94 20 ...... South, 29 53 . in conventional oil-based drilling fluids. West, 95°00′ ...... South, 29°35′. samples collected over a 24-hour period West, 95°13′ ...... South, 29°28′. This incorporation by reference was that are analyzed separately. East, 95°08′ ...... South, 29°15′. approved by the Director of the Federal Alternatively, for BAT and NSPS the West, 95°11′ ...... South, 29°08′. Register in accordance with 5 U.S.C. maximum concentration allowed may West, 95°22′ ...... South, 28°56′. 552(a) and 1 CFR Part 51. Copies may be determined on the basis of physical West, 95°30′ ...... South, 28°55′. be obtained from the American Society composition of the four grab samples West, 95°33′ ...... South, 28°49′. for Testing and Materials, 1916 Race prior to a single analysis. West, 95°40′ ...... South, 28°47′. Street, Philadelphia, PA 19103. Copies (p) The term minimum as applied to West, 96°42′ ...... South, 28°41′. may be inspected at the Office of the BAT effluent limitations and NSPS for East, 96°40′ ...... South, 28°28′. ° ′ ° ′ Federal Register, 800 North Capitol drilling fluids and drill cuttings means West, 96 54 ...... South, 28 20 . Street, N.W., Suite 700, Washington, West, 97°03′ ...... South, 28°13′. the minimum 96-hour LC50 value West, 97°15′ ...... South, 27°58′. DC. allowed as measured in any single West, 97°40′ ...... South, 27°45′. (i) The term domestic waste refers to sample of the discharged waste stream. West, 97°46′ ...... South, 27°28′. materials discharged from sinks, The term minimum as applied to BPT West, 97°51′ ...... South, 27°22′. showers, laundries, safety showers, eye- and BCT effluent limitations and NSPS East, 97°46′ ...... South, 27°14′. wash stations, hand-wash stations, fish for sanitary wastes means the minimum East, 97°30′ ...... South, 26°30′. cleaning stations, and galleys located concentration value allowed as East, 97°26′ ...... South, 26°11′. within facilities subject to this subpart. measured in any single sample of the (j) The term drill cuttings refers to the ° ′ discharged waste stream. (2) East to 97 19 W. Longitude and particles generated by drilling into (q) The term M9IM means those Southward to the U.S.—Mexican border. subsurface geologic formations and coastal facilities continuously manned § 435.41 Specialized definitions. carried to the surface with the drilling by nine (9) or fewer persons or only fluid. intermittently manned by any number For the purpose of this subpart: (k) The term drilling fluid refers to the of persons. (a) Except as provided in this section, circulating fluid (mud) used in the (r) The term M10 means those coastal the general definitions, abbreviations rotary drilling of wells to clean and facilities continuously manned by ten and methods of analysis set forth in 40 condition the hole and to (10) or more persons. CFR part 401 shall apply to this subpart. counterbalance formation pressure. A (s)(1) The term new source means any (b) The term average of daily values water-based drilling fluid is the facility or activity of this subcategory for 30 consecutive days is the average of conventional drilling mud in which that meets the definition of ‘‘new the daily values obtained during any 30 water is the continuous phase and the source’’ under 40 CFR 122.2 and meets consecutive day period. suspending medium for solids, whether the criteria for determination of new (c) The term Cook Inlet means all of or not oil is present. An oil-based sources under 40 CFR 122.29(b) applied the production platforms (‘‘existing drilling fluid has diesel oil, mineral oil, consistently with all of the following sources’’ or ‘‘existing dischargers’’) and or some other oil as its continuous definitions: exploratory operations (‘‘new phase with water as the dispersed (i) The term water area as used in the dischargers’’) addressed by EPA’s phase. term ‘‘site’’ in 40 CFR 122.29 and 122.2 Region X in the general NPDES permit (l) The term exploratory facility means means the water area and ocean floor for Cook Inlet. any fixed or mobile structure subject to beneath any exploratory, development, (d) The term daily values as applied this subpart that is engaged in the or production facility where such to produced water effluent limitations drilling of wells to determine the nature facility is conducting its exploratory, and NSPS refers to the daily of potential hydrocarbon reservoirs. development or production activities. measurements used to assess (m) The term garbage means all kinds (ii) The term significant site compliance with the maximum for any of victual, domestic, and operational preparation work as used in 40 CFR one day. waste, excluding fresh fish and parts 122.29 means the process of surveying, (e) The term deck drainage refers to thereof, generated during the normal clearing or preparing an area of the any waste resulting from deck washings, operation of coastal oil and gas facility ocean floor for the purpose of spillage, rainwater, and runoff from and liable to be disposed of constructing or placing a development gutters and drains including drip pans continuously or periodically, except or production facility on or over the site. and work areas within facilities subject dishwater, graywater, and those (2) ‘‘New Source’’ does not include to this subpart. substances that are defined or listed in facilities covered by an existing NPDES (f) The term development facility other Annexes to MARPOL 73/78. permit immediately prior to the means any fixed or mobile structure MARPOL 73/78 is available from the effective date of this subpart pending 9478 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules EPA issuance of a new source NPDES facilities that are engaged in (cc) The term workover fluids refers to permit. hydrocarbon fluids separation even if salt solutions, weighted brines, (t) The term no discharge of free oil located separately from wellheads. polymers, or other specialty additives means that waste streams may not be (x) The term sanitary waste refers to used in a producing well to allow for discharged when they would cause a human body waste discharged from maintenance, repair or abandonment film or sheen upon or a discoloration of toilets and urinals located within procedures. the surface of the receiving water or fail facilities subject to this subpart. (dd) The term 96-hour LC50 refers to the static sheen test defined in (y) The term static sheen test refers to the concentration (parts per million) or the standard test procedure that has Appendix 1 to 40 CFR part 435, subpart percent of the suspended particulate been developed for this industrial A. phase (SPP) from a sample that is lethal subcategory for the purpose of (u) The term produced sand refers to to 50 percent of the test organisms demonstrating compliance with the slurried particles used in hydraulic exposed to that concentration of the SPP requirement of no discharge of free oil. fracturing, the accumulated formation after 96 hours of constant exposure. The methodology for performing the sands and scales particles generated static sheen test is presented in 5. Section 435.42 is proposed to be during production. Produced sand also appendix 1 to 40 CFR part 435, subpart amended by revising the introductory includes desander discharge from the A. text and be in the table to paragraph (a) produced water waste stream, and (z) The term toxicity as applied to by adding at the end an entry for blowdown of the water phase from the BAT effluent limitations and NSPS for ‘‘Produced Sand’’ to read as follows: produced water treating system. drilling fluids and drill cuttings refers to (v) The term produced water refers to § 435.42 Effluent limitations guidelines the bioassay test procedure presented in representing the degree of effluent the water (brine) brought up from the appendix 2 of 40 CFR part 435, subpart hydrocarbon-bearing strata during the reduction attainable by the application of A. the best practicable control technology extraction of oil and gas, and can (aa) The term well completion fluids currently available (BPT). include formation water, injection refers to salt solutions, weighted brines, water, and any chemicals added polymers, and various additives used to Except as provided in 40 CFR 125.30 downhole or during the oil/water prevent damage to the well bore during through 125.32, any existing point separation process. operations which prepare the drilled source subject to this subpart must (w) The term production facility well for hydrocarbon production. achieve the following effluent means any fixed or mobile structure (bb) The term well treatment fluids limitations representing the degree of subject to this subpart that is either refers to any fluid used to restore or effluent reduction attainable by the engaged in well completion or used for improve productivity by chemically or application of the best practicable active recovery of hydrocarbons from physically altering hydrocarbon-bearing control technology currently available. producing formations. It includes strata after a well has been drilled. (a) * * * BPT EFFLUENT LIMITATIONS Resid- ual chlorine Pollutant parameter waste source Maximum for any 1 day Average of values for 30 consecu- mini- tive days shall not exceed mum for any 1 day ******* Produced Sand ...... zero discharge ...... zero discharge ...... NA * * * * * § 435.43 Effluent limitations guidelines source subject to this Subpart must representing the degree of effluent achieve the following effluent 6. Sections 435.43 through 435.47 are reduction attainable by the application of proposed to be added to subpart D to limitations representing the degree of the best available technology economically effluent reduction attainable by the read as follows: achievable (BAT). application of the best available Except as provided in 40 CFR 125.30 technology economically achievable through 125.32, any existing point (BAT): BAT EFFLUENT LIMITATIONS Stream Pollutant parameter BAT effluent limitations Produced Water: (A) All coastal areas except Cook Inlet ...... No discharge. (B) Cook Inlet ...... Oil & Grease ...... The maximum for any one day shall not exceed 42 mg/l, and the 30- day average shall not exceed 29 mg/l. Drilling Fluids and Drill Cuttings: Option 1: (A) All coastal areas except Cook Inlet ...... No discharge. (B) Cook Inlet ...... Free Oil 1 ...... No discharge. Diesel Oil ...... No discharge. Mercury ...... 1 mg/kg dry weight maximum in the stock barite. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9479 BAT EFFLUENT LIMITATIONSÐContinued Stream Pollutant parameter BAT effluent limitations Cadmium ...... 3 mg/kg dry weight maximum in the stock barite. Toxicity ...... Minimum 96-hour LC50 of the SPP shall be 3 percent by volume.3 Option 2: (A) All coastal areas except Cook Inlet ...... No discharge. (B) Cook Inlet ...... Free Oil11 ...... No discharge. Diesel Oil ...... No discharge. Mercury ...... 1 mg/kg dry weight maximum in the stock barite. Cadmium ...... 3 mg/kg dry weight maximum in the stock barite. Toxicity ...... Minimum 96-hour LC50 of the SPP shall be 10 percent to 100 percent by volume.3 Option 3: All coastal areas ...... No discharge. Well Treatment, Workover and Completion Fluids: Option 1: (A) All coastal areas except freshwater of Free Oil1 ...... No discharge. Texas and Louisiana. (B) Freshwaters of Texas and Louisiana ...... No discharge. Option 2: (A) All coastal areas except Cook Inlet ...... No discharge. (B) Cook Inlet ...... Oil and Grease ...... The maximum for any one day shall not exceed 42 mg/l, and the 30- day average shall not exceed 29 mg/l. Produced Sand ...... No discharge. Deck Drainage ...... Free Oil 2 ...... No discharge. Domestic Waste ...... Foam ...... No discharge. 1 As determined by the static sheen test 2 As determined by the presence of a film or sheen upon or a discoloration of the surface of the receiving water (visual sheen). 3 As determined by the toxicity test (see appendix 2 of 40 CFR part 435, subpart A). § 435.44 Effluent limitations guidelines source subject to this subpart must representing the degree of effluent achieve the following effluent reduction attainable by the application of limitations representing the degree of the best conventional pollutant control technology (BCT). effluent reduction attainable by the application of the best conventional Except as provided in 40 CFR 125.30 pollutant control technology (BCT): through 125.32, any existing point BCT EFFLUENT LIMITATIONS Stream Pollutant parameter BCT effluent limitations Produced Water (all facilities) ...... Oil & Grease ...... The maximum for any one day shall not exceed 72 mg/l and the 30- day average shall not exceed 48 mg/l. Drilling Fluids and Drill Cuttings: All facilities except Cook Inlet ...... No discharge. Cook Inlet ...... Free Oil ...... No discharge.1 Well Treatment, Workover and Completion Free Oil ...... No discharge.1 Fluids. Produced Sand ...... No discharge Deck Drainage ...... Free Oil ...... No discharge.2 Sanitary Waste: Sanitary M10 ...... Residual Chlorine ...... Minimum of 1 mg/l maintained as close to this concentration as pos- sible. Sanitary M91M ...... Floating Solids ...... No discharge. Domestic Waste ...... Floating Solids and No discharge of Floating Solids or garbage.3 garbage. 1 As determined by static sheen test 40 CFR part 435, subpart A, appendix 1. 2 As determined by the presence of a film or sheen upon or a discoloration of the surface of the receiving water (visual sheen). 3 As defined in 40 CFR 435.41(1). § 435.45 Standards of performance for new sources (NSPS). Any new source subject to this subpart must achieve the following new source performance standards (NSPS): 9480 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules NSPS EFFLUENT LIMITATIONS Stream Pollutant parameter NSPS/PSNS effluent limitations Produced Water (all facilities) ...... No discharge. Drilling Fluids and Drill Cuttings: Option 1: (A) All coastal areas except Cook Inlet ...... No discharge. (B) Cook Inlet ...... Free Oil 1 ...... No discharge. Diesel Oil ...... No discharge. Mercury ...... 1 mg/kg dry weight maximum in the stock barite. Cadmium ...... 3 mg/kg dry weight maximum in the stock barite. Toxicity ...... Minimum 96-hour LC50 of the SPP shall be 3 percent by volume.3 Option 2: (A) All coastal areas except Cook Inlet ...... No discharge. (B) Cook Inlet ...... Free Oil 1 ...... No discharge. Diesel Oil ...... No discharge. Mercury ...... 1 mg/kg dry weight maximum in the stock barite. Cadmium ...... 3 mg/kg dry weight maximum in the stock barite. Toxicity ...... Minimum 96-hour LC50 of the SPP shall be 10 percent to 100 percent to 100 percent by volume.3 Option 3: All coastal areas ...... No discharge. Well Treatment, Workover and Completion Fluids: Option 1: (A) All coastal areas except freshwater of Free Oil 1 ...... No discharge. Texas and Louisiana. (B) Freshwaters of Texas and Louisiana ...... No discharge. Option 2: (A) All coastal areas except Cook Inlet ...... No discharge. (B) Cook Inlet ...... Oil and Grease ...... The maximum for any one day shall not exceed 42 mg/l, and the 30- day average shall not exceed 29 mg/l. Produced Sand ...... No discharge. Deck Drainage ...... Free Oil 2 ...... No discharge. Sanitary Waste: Sanitary M10 ...... Residual Chlorine ...... Minimum of 1 mg/l and maintained as close to this concentration as possible. Sanitary M91M ...... Floating Solids ...... No discharge. Domestic Waste ...... Floating Solids, Gar- No discharge of floating solids or garbage or foam. bage 4 and Foam. 1 As determined by the static sheen test. 2 As determined by the presence of a film or sheen upon or a discoloration of the surface of the receiving water (visual sheen). 3 As determined by the toxicity test (see appendix 2 of 40 CFR part 435, subpart A). 4 As defined in 40 CFR 435.41(1). § 435.46 Pretreatment Standards of discharges subject to this subpart that effective date of this rule achieve the performance for existing sources (PSES). introduces pollutants into a publicly following pretreatment standards for Except as provided in 40 CFR 403.7 owned treatment works must comply existing sources (PSES). and 403.13, any existing source with with 40 CFR part 403 and by the PSES EFFLUENT LIMITATIONS Pollutant PSES effluent Stream parameter limitations Produced Water ...... No discharge. Drilling Fluids and Drill Cuttings ...... No discharge. Well Treatment, Workover and Completion Fluids ...... No discharge. Produced Sand ...... No discharge. Deck Drainage ...... No discharge. § 435.47 Pretreatment Standards of discharges subject to this subpart that effective date of this rule achieve the performance for new sources (PSNS). introduces pollutants into a publicly following pretreatment standards for Except as provided in 40 CFR 403.7 owned treatment works must comply new sources (PSNS). and 403.13, any new source with with 40 CFR part 403 and by the Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9481 PSNS EFFLUENT LIMITATIONS Pollutant PSNS effluent Stream parameter limitations Produced Water(all facilities) ...... No discharge. Drilling fluids and Drill Cuttings ...... No discharge. Well Treatment, Workover and Completion Fluids ...... No discharge. Produced Sand ...... No discharge. Deck Drainage ...... No discharge. [FR Doc. 95–3602 Filed 2–16–95; 8:45 am] BILLING CODE 6560±50±P federal register February 17,1995 Friday Rule Owl onNon-FederalLands;Proposed Conservation oftheNorthernSpotted Plants; ProposedSpecialRuleforthe Endangered andThreatenedWildlife 50 CFRPart17 Fish andWildlifeService Interior Department ofthe Part III 9483 9484 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules DEPARTMENT OF THE INTERIOR and the potential environmental effects Management: An Ecological, Economic, of its implementation. A Draft and Social Assessment, which drew Fish and Wildlife Service Environmental Impact Statement (DEIS) heavily upon previous scientific studies is being developed to accompany this conducted on the northern spotted owl. 50 CFR Part 17 proposed rule and will be published On July 1, 1993, the President identified RIN 1018±AD20 soon after the proposed rule. The end of ‘‘Option 9’’ in the FEMAT Report as the the comment period on this proposed preferred alternative for managing Endangered and Threatened Wildlife rule will be extended to coincide with Federal LSOG-forests in northern and Plants; Proposed Special Rule for the end of the public comment period California, Oregon, and Washington. the Conservation of the Northern on the DEIS. The proposed management scenario Spotted Owl on Non-Federal Lands ADDRESSES: Comments and materials under Option 9 of FEMAT established a system of late-successional forest and AGENCY: Fish and Wildlife Service, concerning this proposed rule should be riparian reserves that would, in Interior. sent to Mr. Michael J. Spear, Regional Director, Region 1, U.S. Fish and conjunction with Administratively ACTION: Proposed Special Rule. Wildlife Service, 911 N.E. 11th Avenue, withdrawn and Congressionally SUMMARY: The implementing regulations Portland, Oregon 97232–4181. The reserved areas, provide the foundation for threatened wildlife generally complete file for this proposed rule will of protected ‘‘old growth’’ habitat that incorporate the prohibitions of Section be available for public inspection, by would benefit spotted owls, marbled 9 of the Endangered Species Act (Act) appointment during normal business murrelets, salmon and many other old of 1973, as amended, for endangered hours, at the above address. growth associated species; adaptive wildlife, except when a ‘‘special rule’’ FOR FURTHER INFORMATION CONTACT: Mr. management areas (AMAs) and promulgated pursuant to Section 4(d) of Curt Smitch, Assistant Regional surrounding ‘‘matrix’’ lands would the Act has been issued with respect to Director, North Pacific Coast Ecosystem, constitute the remaining forest a particular threatened species. At the 3704 Griffin Lane SE, Suite 102, management designations on Federal time the northern spotted owl, Strix Olympia, Washington 98501 (206/534– lands in the planning area. Future occidentalis caurina, (spotted owl) was 9330); or Mr. Gerry Jackson, Deputy timber harvesting activities on Federal listed as a threatened species in 1990, Assistant Regional Director, North lands within the range of the northern the Fish and Wildlife Service (Service) Pacific Coast Ecosystem, 911 N.E. 11th spotted owl were expected to occur did not promulgate a special section Avenue, Portland Oregon 97232–4181, primarily in AMAs and Federal lands determined to constitute the ‘‘matrix.’’ 4(d) rule and, therefore, all of the (503/231–6159). A draft Supplemental Environmental section 9 prohibitions, including the SUPPLEMENTARY INFORMATION: Impact Statement was issued in July ‘‘take’’ prohibitions, became applicable Abstract 1993 to assess the environmental to the species. Subsequent to the listing impacts of the alternatives which were of the spotted owl, a Federal Late- The implementing regulations for set forth in the FEMAT Report. A final Successional and Old-growth (LSOG) threatened wildlife generally SEIS was completed in February 1994, forest management strategy (Plan) was incorporate the prohibitions of section 9 and a Record of Decision was signed on developed and then formally adopted of the Endangered Species Act (Act) of April 13, 1994. This process culminated on April 13, 1994, in a Record of 1973, as amended, for endangered in the formal administrative adoption of Decision (ROD) that amended land wildlife, except when a ‘‘special rule’’ Alternative 9 (a revised version of management plans for Federal forests in promulgated pursuant to Section 4(d) of Option 9 as it had been presented in the northern California, Oregon, and the Act has been issued with respect to FEMAT Report), which has now become Washington. Although this proposed a particular threatened species. When known, simply, as the Forest Plan or rule refers to the Federal LSOG forest the northern spotted owl, Strix Plan. This Plan provides a firm strategy as the ‘‘Forest Plan’’, it is noted occidentalis caurina, (spotted owl) was foundation for the conservation needs of that the strategy is not a stand-alone listed as a threatened species in 1990, the spotted owl, especially in light of management Plan but rather effected a the Fish and Wildlife Service (Service) the net addition of approximately series of amendments to Forest Service did not promulgate a special 4(d) rule. 600,000 acres of Federal forest lands to and the Bureau of Land Management Therefore, all of the Section 9 protected reserve status between its planning documents. In recognition of prohibitions for endangered species original formulation in the FEMAT the significant contribution the Plan were made applicable to the spotted owl Report and the Record of Decision. On does make toward spotted owl throughout its range, including the December 21, 1994, Federal District conservation and management, the prohibitions against ‘‘take’’ that apply to Court Judge William L. Dwyer, issued Service now proposes a special rule, endangered species under the Act. his order upholding the adequacy of the pursuant to section 4(d) of the Act, to Subsequent to the listing of the Plan. Judge Dwyer said ‘‘The order now replace the blanket prohibition against spotted owl, a new Federal forest entered,* * *, will mark the first time incidental take of spotted owls with a management strategy was developed in several years that the owl-habitat narrower, more tailor-made set of and proposed by the Forest Ecosystem forests will be managed by the standards that reduce prohibitions Management Assessment Team responsible agencies under a plan found applicable to timber harvest and related (FEMAT), which was established by lawful by the courts. It will also mark activities on specified non-Federal President Clinton following the April 2, the first time that the Forest Service and forest lands in Washington and 1993, Forest Conference in Portland, BLM have worked together to preserve California. Oregon. FEMAT was established to ecosystems common to their DATES: Comments from all interested develop options for the management of jurisdictions.’’ parties must be received by May 18, Federal LSOG-forest ecosystems in Despite enhanced owl protection 1995. northern California, Oregon, and under the final Forest Plan, however, The Service seeks comments from the Washington within the range of the the Service believes that some interested public, agencies, and interest spotted owl. FEMAT outlined those supplemental support from non-Federal groups on this proposed special rule options in the report, Forest Ecosystem forest lands remains necessary and Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9485 advisable for owl conservation in non-Federal lands throughout the owls’ with the flexibility to develop certain parts of the range of the owl. range with a more particularized set of alternative prescriptions or restrictions Based upon the possibility that the prohibitions for Washington and for their lands which could achieve a preferred alternative of FEMAT (Option California. For the State of Washington, level of protection comparable to the 9) would eventually be adopted, the incidental take restrictions would be conservation objectives set forth for the Service published a Notice of Intent relaxed for approximately 5.24 million owl in this rule. (NOI) in the Federal Register (58 FR acres of non-Federal land in conifer For the State of California, this 69132) on December 29, 1993, and sent forests. While only a considerably proposed rule would recognize the out a mailer advising the public of its smaller acreage figure of non-Federal significant conservation benefits intention to prepare an Environmental forest land is presently affected by accorded the northern spotted owl Impact Statement (EIS) for a proposed incidental take prohibitions for the under California law by easing the special rule that would ease restrictions spotted owl, the fear of future owl Federal prohibition against incidental for the spotted owl on certain non- restrictions is a significant concern of take from timber harvest activities in Federal forest lands. In response, the forest landowners throughout the range most of the Klamath province of that Service received and evaluated more of the spotted owl. This proposed rule State. The zone in which this would than 8,500 public comments. Taking would ease incidental take restrictions occur would be called the Klamath these comments into consideration, and on designated non-Federal lands by Province Relief Area. The incidental based upon additional analyses, the limiting the incidental take prohibition take prohibition for timber harvests in Service now proposes a special rule that for timber harvest activities to actions this Relief Area would be limited to would reduce the prohibition against that fail to maintain the 70 acres of actions which fail to maintain the 70 incidental take of spotted owls in the suitable owl habitat closest to a site acres of suitable owl habitat closest to course of timber harvest and related center for a spotted owl. By proposing a site center for a spotted owl. activities on specified non-Federal this action, the Service is not implying Additional relief could be provided to forest lands in Washington and that incidental take cannot occur until non-Federal landowners in four California. harvest activities approach and actually potential ‘‘California Conservation For reasons discussed in more detail invade an owl’s activity center. Rather, Planning Areas’’ (CCPAs) referred to as later, the Service is not including the Service is proposing that, in certain the California Coastal Area, Hardwood Oregon, at this time, within the portions of the owl’s range, the Region, Wells Mountain-Bully Choop geographic scope of this proposed incidental take of an owl will no longer area, and the California Cascades special rule. The Service is aware of be a prohibited activity unless it pursuant to the planning process under ongoing efforts within Oregon between involves harvest activities within an the California Natural Communities the Governor’s office and large and activity center. Conservation Planning (NCCP) Act or small landowners to fashion an ‘‘Oregon Current incidental take restrictions through completion of a Habitat Alternative’’ to the Service’s proposed would be retained for those spotted Conservation Plan (HCP) under Section action for the State, as set out in the owls whose site centers are located 10(a)(1)(B) of the Act (Figure 1 to December 29, 1993, NOI. The Service is within six designated zones or ‘‘Special § 17.41(c)). supportive of this effort and will Emphasis Areas’’ (SEAs) in the State of Except for acreage actually located maintain the regulatory status quo for Washington. The six SEAs include the within owl activity centers, the Service spotted owls in Oregon in anticipation western portion of the Olympic also proposes that small landowners that an ‘‘Oregon Alternative’’ approach Peninsula, the Finney Block area, the I– who own no more than 80 acres of forest to owl conservation will be developed. 90 Corridor, the Mineral Block area, the lands within a given SEA in Washington Thus, by excluding Oregon altogether Siouxon Creek area and the Columbia or one of the four potential CCPAs in from this proposed special rule, the Gorge/White Salmon areas. These areas California, as of the publication date of Service retains for Oregon the original were generally chosen to fill in gaps in this proposed rule in the Federal level of protection against take for the protection under the Forest Plan where Register, would be relieved of the owl established when the species was the Federal land base alone appears general prohibition against incidental listed on June 26, 1990. currently to be inadequate to provide for take. The only exception to this In assessing the conservation needs of the conservation of the owl. proposal would be for any small the northern spotted owl on non-Federal In addition, the Service proposes to landowner who owns any or all of the lands, the Service was particularly implement a ‘‘Local Option 70 acres of forested lands closest to an mindful of—(1) The level of protection Conservation Planning’’ program in owl site center. The incidental take to be provided the owl under the Washington to provide an opportunity restriction would continue to apply Federal reserve and riparian buffer for additional relief from incidental take within such 70 acres. systems established under the Forest prohibitions for non-Federal The Service also proposes to provide Plan, as well as the matrix and adaptive landowners who own between 80 and landowners within SEAs in Washington management area prescriptions under 5,000 acres of forest lands within an or potential CCPAs in California the Plan; (2) the range, location, and SEA. The Local Option process is additional flexibility for avoiding number of spotted owls on non-Federal envisioned to be the equivalent of a incidental take liability if their lands are and Federal lands; (3) recently ‘‘short form’’ Habitat Conservation Plan. intermingled with Federal matrix or developed State programs to regulate The local option conservation planning Adaptive Management Area (AMA) forest practices to benefit the spotted process would not apply to those areas lands. In such situations, non-Federal owl; and (4) emerging non-Federal where the Service determines that landowners would be provided the landowner habitat management and owl suitable owl habitat (nesting, roosting or alternative option at their choosing of conservation strategies such as Habitat foraging habitat) on non-Federal lands adopting the final harvest prescriptions Conservation Plans and agreements to within SEAs can reasonably be expected delineated for the surrounding Federal avoid the incidental take of owls. to provide important demographic matrix or AMA lands, in lieu of This special rule proposes to replace support for Federal owl reserves. These management practices which comply the currently applicable blanket ‘‘Local Option’’ conservation plans with current incidental take restrictions. prohibition against incidental take on would provide non-Federal landowners The one exception to this policy would 9486 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules be where the adoption of final matrix or achieving specific ecological, economic, protected strips along the banks of AMA harvest prescriptions could result and other social objectives. rivers, streams, lakes, and wetlands in the incidental take of an owl whose ‘‘Administratively withdrawn area’’ which act as a buffer between these site center is located within a Forest means lands that are excluded from water bodies and areas where timber Plan reserve or Congressionally reserved planned or programmed timber harvest harvesting is allowed. or Administratively withdrawn areas. In under current agency planning ‘‘Habitat Conservation Plan’’ (HCP) such a case, the incidental take documents or the preferred alternative means an agreement between the U.S. restrictions would continue to apply for for draft agency planning documents. Fish and Wildlife Service and either a at least two more years, pending review ‘‘California Conservation Planning private entity, local or county of the status of owls in affected reserve Area (CCPA)’’ means areas in which the government or State under section or withdrawn areas. State of California Resources Agency 10(a)(1)(B) of the Act that specifies For Tribal forest lands in Washington could conduct planning for spotted owls conservation measures that would be and California, the Service proposes to under the auspices of the California implemented in exchange for a permit lift the Federal prohibition against the Natural Communities Conservation that would allow the incidental take of incidental take of the spotted owl except Planning Act (CNCCPA) of 1991. a listed species. for harvest activities within the ‘‘Congressionally reserved area’’ ‘‘Home range’’ means the area a immediate 70 acres around a site center. means those lands with Congressional spotted owl uses and traverses in the Timber harvests conducted in designations that preclude timber course of normal activities in fulfilling accordance with Tribal resource harvest, as well as other Federal lands its biological needs during the course of not administered by the Forest Service regulations would not be subjected to its life span. or Bureau of Land Management, any additional Federal prohibitions ‘‘Incidental Take’’ means any taking including National Parks and against incidental take of the owl. otherwise prohibited, if such taking is Monuments, Wild and Scenic Rivers, Additionally, the Service proposes to incidental to, and not the purpose of, National Wildlife Refuges, and military include a ‘‘sunset’’ provision that would the carrying out of an otherwise lawful reservations. lift the incidental take restrictions activity. ‘‘Conservation’’ as defined in the ‘‘Matrix’’ means those Federal lands within an SEA or CCPA once the owl Endangered Species Act generally generally available for programmed conservation goals for that area are means the use of all methods and timber harvest which are outside of the achieved. The Service also proposes to procedures that are necessary to bring Congressionally reserved and provide a ‘‘safe harbor’’ of certainty for any endangered or threatened species to Administratively withdrawn areas, harvest activities within SEAs or CCPAs the point at which the measures Federal reserves and adaptive where more than 40 percent suitable provided pursuant to the Act are no management areas as delineated in the owl habitat would be retained after longer necessary. Standards and Guidelines adopted in harvest within an owl’s median annual ‘‘Demographic support’’ refers to the the April 13, 1994, Record of Decision. home range. In those instances where effects on a population from a ‘‘Province’’ or ‘‘Physiographic the ‘‘safe harbor’’ provision would combination of births and deaths such Province’’ means one of twelve apply, landowners would not be subject that the net result is a stable or geographic areas throughout the range of to a take prohibition violation under any increasing population. For the spotted the northern spotted owl which have circumstances should an incidental take owl this would occur through provision similar sets of biological and physical of an owl nevertheless occur despite the and maintenance of: (1) Both suitable characteristics and processes due to landowner’s efforts to avoid take. The and dispersal habitat to support effects of climate and geology which ‘‘safe harbor’’ provision would not individual owls; (2) small clusters or result in common patterns of soils and apply, however, to any timber harvest larger groups of successfully breeding broad-scale vegetative communities. activities within the closest 70 acres of owls; and (3) the successful interaction ‘‘Record of Decision’’ means the April suitable owl habitat surrounding an owl and movement between individuals and 13, 1994, Record of Decision for site center regardless of the percentage pairs. Amendments to Forest Service and of suitable owl habitat left within an ‘‘Dispersal’’ refers to movements Bureau of Land Management Planning owl’s median annual home range. through all habitat types by: (1) juvenile Documents Within the Range of the In addition, the proposal sets out a spotted owls from the time they leave Northern Spotted Owl (USDA/USDI new approach to provide incentives to their natal area until they establish their 1994). non-Federal landowners to restore or own territory; (2) non-territorial single ‘‘Site Center’’ means the actual nest enhance degraded spotted owl habitat, spotted owls; or (3) displaced adults tree of a pair of spotted owls or the or to maintain existing suitable owl searching for new territories. primary roost of a non-nesting pair or habitat, without being penalized if their ‘‘Dispersal habitat’’ means forest territorial single owl. conservation efforts subsequently attract stands with adequate tree size, ‘‘Special Emphasis Area (SEA)’’ spotted owls. structure, and canopy closure to means one of six specific areas in the Definitions provide—(1) cover for dispersing owls State of Washington where the Service from avian predators; and (2) foraging has determined that it would be As used in this proposed rule: opportunities during dispersal events. necessary and advisable to continue to ‘‘Activity center’’ means the closest 70 ‘‘Federal reserve’’ or ‘‘Forest Plan apply broad protection from incidental acres of suitable habitat around the nest reserve’’ means those Federal lands take to support conservation efforts for tree of a pair of owls or around the delineated in the April 13, 1994, Record the spotted owl. primary roost of a non-nesting pair or of Decision in which programmed ‘‘Suitable Habitat’’ means those areas territorial single owl (see ‘‘site center’’). timber harvest is not allowed and is with the vegetative structure and ‘‘Adaptive management area’’ means otherwise severely limited. There are composition that generally have been the ten landscape units that were two types of reserves—late-successional found to support successful nesting, adopted in the April 13, 1994, Record of reserves, which are designed to produce roosting, and foraging activities of a Decision for development and testing of contiguous blocks of older forest stands, territorial single or breeding pair of technical and social approaches to and riparian reserves, which consist of spotted owls. Suitable habitat is Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9487 sometimes referred to as nesting, included in the critical habitat (58 FR 69132). The NOI spelled out roosting, and foraging (NRF) habitat. designation. Of the total acreage that various alternative approaches for a 4(d) ‘‘Take’’ means to harass, harm, was designated, 20 percent is in rule, including a preferred approach or pursue, hunt, shoot, wound, kill, trap, California, 47 percent is in Oregon, and proposed action. This provided a capture, or collect, or to attempt to 32 percent is in Washington. preliminary opportunity for public engage in any such conduct with respect Following the April 2, 1993, Forest input prior to the actual publication of to a spotted owl. Conference in Portland, Oregon, this proposed rule. ‘‘Threatened Species’’ means a plant President Clinton established a Forest or wildlife species defined through the Ecosystem Management Assessment Summary of Public Comments on Endangered Species Act that is likely to Team (FEMAT) to develop options for Scoping Notice on 4(d) Rule become within the foreseeable future an the management of Federal LSOG-forest The Service received more than 8,500 endangered species throughout all or a ecosystems to provide habitat that comments from the public on its significant portion of its range. would support stable populations of scoping notice for a section 4(d) rule EIS ‘‘Timber harvest and related activity’’ species associated with late- for the spotted owl. Most comments means any activity that would result in successional forests, including the received were in response to a January the removal or degradation of suitable northern spotted owl. FEMAT 3, 1994, special mailer sent by the habitat. developed ten options for the Service to approximately 80,000 management of LSOG-forest ecosystems recipients. The Service specifically Background on Federal lands in California, Oregon, asked for suggestions on issues to be Regulatory History of the Northern and Washington, which are outlined in addressed in the 4(d) rule. In general, Spotted Owl the Team’s report, ‘‘Forest Ecosystem the comments reinforced issues and Management: An Ecological, Economic, concerns identified in previous The Service listed the northern and Social Assessment’’ (USDA et al. planning efforts for the spotted owl. spotted owl as a threatened species on 1993). On July 1, 1993, the President In the scoping notice, the Service June 26, 1990, because of the past and identified Option 9 as the preferred sought comments on ten specific issues. continued projected loss of suitable alternative for amending the Federal The comments received are summarized habitat throughout its range (55 FR agencies’ land management plans with below, by issue: 26114). This habitat loss has been respect to LSOG forest habitat. A (1) Biological, commercial, trade, or caused primarily by timber harvesting, modified version of Option 9 was other relevant data on the distribution but has been exacerbated by the effects adopted in the April 13, 1994, Record of and abundance of the northern spotted of catastrophic events such as fire, Decision for Amendments to Forest owl on non-Federal lands in California, volcanic eruption, and wind storms. Service and Bureau of Land Washington and Oregon. The inadequacy of regulatory Management Planning Documents No new data or information was mechanisms existing in 1990 under Within the Range of the Northern provided to the Service relative to this State and Federal law also contributed Spotted Owl (ROD). It is based on a issue. to the decision to list the northern system of late-successional reserves, (2) Biological, commercial, trade or spotted owl as a threatened species. riparian reserves, adaptive management other relevant data on the distribution During the period immediately prior to areas, and a matrix of Federal lands and abundance of the northern spotted listing, when the status of the owl was interspersed with non-Federal lands. owl that identifies the effects of the under review, the annual Federal timber These designations complemented alternatives for a section 4(d) rule on the harvest in Oregon and Washington existing Administratively withdrawn northern spotted owl. averaged approximately 5 billion board and Congressionally reserved lands. No new data or information was feet per year. Much of that harvest The adoption of the Forest Plan was provided to the Service relative to this comprised suitable spotted owl habitat. subsequently upheld in Federal court. issue. Thus, Federal timber harvest policies at On December 21, 1994, Federal District (3) The scope of the issues that have that time contributed significantly to the Court Judge William L. Dwyer rejected been identified for the environmental decline of the owl. plaintiffs’ challenges and issued an impact statement on a proposed special State protection for the owl in 1990 order upholding the President’s Forest rule. was also inadequate. Since that time, Plan. In addition to the issues identified in California, Oregon and Washington have An underlying premise for the the scoping notice, commenters all recognized the plight of the owl and President’s selection of the Forest Plan identified several additional issues for have adopted forest management rules was that Federal lands should carry a the Service to consider. Several designed to protect this threatened disproportionately heavier burden for commenters objected to any provision species. The degree of protection providing for the conservation of the requiring that 40 percent of suitable accorded the northern spotted owl northern spotted owl, enabling an habitat be retained within the median currently varies under State law. The easing of restrictions on incidental take annual home range circle of an owl northern spotted owl is listed under for the owl on large areas of non-Federal located within SEAs, and, because it Washington law as an endangered lands. President Clinton thus directed means that 60 percent of suitable habitat species, under Oregon law as the U.S. Fish and Wildlife Service to within a home range may be lost, threatened, and under California law as issue regulations pursuant to section requested an explanation of the a sensitive species. 4(d) of the Act looking to ease, where biological basis for such a provision. On January 15, 1992, the Service appropriate, restrictions on the They also requested that the Service designated critical habitat for the incidental take of spotted owls on non- consider how habitat modification on northern spotted owl (57 FR 1796). The Federal lands. non-Federal land will affect owls on critical habitat designation On December 29, 1993, the Service adjacent Federal lands. encompassed 6.9 million acres of published in the Federal Register a Comments from non-Federal Federal land in 190 critical habitat units Notice of Intent (NOI) to prepare an landowners requested that the Service in the States of California, Oregon, and Environmental Impact Statement in consider the possible economic benefits Washington; non-Federal lands were not support of a 4(d) rule for the spotted owl of a variety of silvicultural regulations 9488 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules to protect owl habitat. They also asked protected, and data on marbled murrelet (8) Boundaries of the SEAs in the that the Service evaluate whether the distribution and abundance on non- proposed action, including the impacts SEA concept fully takes into account the Federal lands. and effects of alternative boundaries. contributions already provided by State Numerous comments were received Few suggestions were received agencies and those already in place on on the marbled murrelet, with most relative to specific boundary changes. Federal lands, and whether the stating that it is inappropriate to include Many comments were received regulatory burden of the SEAs is the murrelet in the regulatory process regarding the number of SEAs, the disproportionate to the benefits. for the spotted owl because not enough designation or lack of designation of (4) The range of alternatives that have information about murrelets is available specific SEAs, and the general use of the been identified for the environmental at this time to attempt a regulatory SEA concept. Among the comments impact statement on a proposed special definition of incidental take, and that specific to the boundaries was the rule. any rule for the murrelet should be done suggestion that the Mineral Block and I– A number of commenters provided separately. One commenter stated that 90 Corridor SEAs should extend no suggestions for additional alternatives the Service should consider adopting an farther west than necessary to provide for Service consideration. These interim 4(d) rule for marbled murrelets reasonable connectivity between the included requests to increase or relieve that can be refined at a later date Federal conservation areas to the north the prohibitions against incidental take, because they are associated with the and south. to consider the development of a same forest ecosystem as the spotted Regarding the Olympic Peninsula program based entirely on voluntary owl, and that all suitable murrelet SEA, comments included the assertion participation by forest land managers, to habitat should be addressed including that there should be no SEA on the not use SEAs and use only 70 acre owl marine habitat. Another suggested that, Olympic Peninsula because Federal circles rangewide, and to provide in identifying marbled murrelet habitat, lands should be relied on for owl incidental take protection only to the emphasis should be on a definition conservation in this area. Another landowners who sell to domestic that recognizes large contiguous areas of suggestion was that the Service move markets. Some commenters requested habitat capable of supporting large the southern boundary of the proposed that the Service provide an alternative numbers of birds, and not on defining Olympic Peninsula SEA northward to with incentives for growing habitat, or the lowest possible quantity and stand run east and west from the southern to buy or exchange land instead of size used. boundary of the Olympia National promulgating a section 4(d) rule. (6) Input on the use of ‘‘local options’’ Forest. It was further suggested that only Another suggestion was to transplant to allow individuals to propose the State of Washington’s Olympic spotted owls rather than use a special adjustment to prohibitions against take Experimental Forest be included in the rule to provide for connectivity, and of northern spotted owls without going SEA for the Olympic Peninsula, and depend on Federal lands to provide the through the normal habitat conservation that this SEA be rescinded following the land base for connectivity. planning process. approval of an HCP for the State Forest. Other suggested alternatives included The potential use of the local option Many commenters were specifically using existing exceptions to plan was responded to favorably by concerned about the failure to designate prohibitions, such as the HCP process, many commenters. Most said that a the White Salmon landscape as an SEA in combination with a final recovery ‘‘local option’’ plan should be included to provide demographic interchange plan for the owl; protecting previously as an additional tool to protect owls and between owls on the Yakima Indian proposed critical habitat on private to provide landowner flexibility, and Reservation and Federal lands in the lands in addition to, or instead of, the that these should provide the same legal eastern Washington Cascades. Other SEAs; and applying the 50–11–40 rule protection as HCPs. Others stated that commenters noted that there is no to SEAs in addition to, or instead of, the rule should provide flexibility for demonstrated need for an SEA in the retaining 40 percent of suitable habitat applying local options based on the White Salmon or Hood River areas. within a home range. expertise and knowledge of State Many commenters asked that the Modifications of the alternatives were forestry associations, State governments, Service provide the scientific basis for also suggested. Some examples include and forest landowners. determining the configurations and replacing the SEAs in Washington with (7) Consideration of a small boundaries of the SEAs. There were the areas proposed to the Washington landowner exemption for non- further suggestions that for SEA Forest Practices Board in a report by the commercial forest land of ten acres or boundaries, the rule must specify the Spotted Owl Scientific Advisory Group less. requirements of ‘‘owl shadows’’ (SAG report), to add an SEA for Many commenters addressed this (restrictions on adjacent lands near an southwestern Washington, and to issue with the majority recommending owl site center) both within and outside reduce or exclude the Olympic that the Service carefully examine and of SEA’s. Some commenters stated that Peninsula SEA. explain the rationale and biological the Service should eliminate all SEAs as Comments specific to California basis for such an exemption, and they would provide further harvest alternatives included requests to suggesting that any provision to have restrictions which would be unduly provide a separate 4(d) rule for less restrictive measures for small burdensome, and that they go beyond California; to apply the Washington/ landowners would unfairly shift the the Act by mandating conservation Oregon approach with SEAs to burden of responsibility to the larger measures on privately owned land. California; to repeal existing owl rules landowners. Others suggested that such (9) Possible mitigation measures, such and designate specific ‘‘no take’’ areas; an exemption may tend to break large as multi-species Habitat Conservation and to maintain existing prohibitions of ownerships into smaller ownerships. Plans or conservation agreements that take and adopt the California Board of Some expressed the view that while provide long-term enforceable and Forestry’s new late-successional forest appealing, it may set up an arbitrary protective land management rules. distinction between landowners based prescriptions for non-Federal lands. (5) Input on how suitable habitat for on size, and that the 10 acre size Several commenters referenced the the marbled murrelet should be specified in the scoping notice was too use of the HCP process, requesting that identified and how it should be small to be meaningful. the Service clarify the relationship Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9489 between HCPs and the 4(d) rule. actually provides little relief to private rule would relax incidental take Specifically, they asked, in the absence lands. restrictions for the owl for timber of an SEA designation, what guarantees Comments from industrial harvests for certain non-Federal lands in would there be that habitat will be landowners included a request for ‘‘safe Washington and northern California. protected between the time the 4(d) rule harbor’’ from prosecution if the This proposed special rule excludes goes into effect (and relief is granted) requirements of the 4(d) rule were met Oregon, however, and does not propose and the time HCPs are completed. There and more that 40 percent suitable any changes in the regulatory was also concern expressed that there habitat was left within an owl circle prohibitions to protect the owl which may be a lack of incentives for other after harvest; and the suggestion that the are currently applicable within that landowners to develop HCPs if there is 4(d) rule assist in addressing the issue State. In March and December 1994, the no SEA designated. Others suggested of access across Federal lands to non- Service received letters from the Oregon the 4(d) rule state that it will not apply Federal lands. Concern also was Congressional Delegation requesting to lands covered by an approved HCP. expressed about potential conflict with that further work on a 4(d) rule for Specific to California were anti-trust laws when implementing, Oregon be suspended to provide an recommendations that the Service among several landowners, the opportunity for consensus to emerge encourage the State to continue to requirement that 40 percent suitable among State officials and private recognize Federally approved HCPs as a habitat be left within a home range landowners on a strategy for the valid means of complying with circle, and some asked that an anti-trust conservation of the spotted owl. regulations the State adopts as a result exemption be provided for multiple Recognizing the benefits that such a of the 4(d) process. landowners who have to deal with consensus approach offers, the Service (10) Retention of Federal incidental landscape issues. One commenter also agreed in May 1994, to suspend further take restrictions for Indian forest lands asserted that the creation of SEAs is a work on a federally developed 4(d) included within the boundary of an de facto designation of critical habitat special rule proposal for Oregon in SEA. that must comply with the requirements order to encourage the development of Many comments were received of § 4(B)(2). Several commenters stated a ‘‘stakeholder’’ based ‘‘Oregon regarding this issue, and most suggested that there is no legal basis under the Act Alternative’’. that it may be inappropriate to impose for burdening private lands with The Governor’s office in Oregon has Federal take prohibitions on tribal recovery of a threatened species, and taken the lead in working cooperatively that the 4(d) rule was essentially a with non-Federal landowners through lands. One commenter stated that in recovery mechanism being forced on the Oregon Forest Industries Council, promulgating the special rule, the private lands. Oregon Small Woodlands Association, Service should direct attention to the Proponents of spotted owl protection Northwest Forestry Association, special status of Indian tribal lands as alleged that the scientific basis for the Douglas County, and others to develop distinct and separate in treatment from proposed action is unclear, and it is an alternative owl conservation strategy. other non-Federal State and private particularly unclear in how it relates to The Service is supportive of this lands; the Service should adopt a the recovery standards and objectives approach and is willing to review and special rule that exempts Indian forest for the owl. They suggested that any consider any State conservation lands from the prohibitions against special rule for the spotted owl must be proposal which results from this incidental take, including any that may part of a coordinated recovery approach process. be in SEAs. among all Federal agencies with Under the existing regulatory Some proponents of owl protection responsibility for the owl. There were structure implementing section 4(d) of stated that the Service should not lift numerous references to the SAG report, the Endangered Species Act, each take prohibitions on tribal lands in the and that the special rule should provide section 4(d) ‘‘special rule’’ for a absence of criteria to ensure that the owl the level of protection as proposed in threatened species must contain all of is adequately protected by tribal the SAG report. the applicable prohibitions and management practices. They noted that Several commenters asked that the exceptions for that species throughout progress on the part of the tribes is rule provide clearer definitions for its range (50 CFR 17.31(c)). Thus, in the variable, and this should be evaluated ‘‘take’’ and ‘‘suitable habitat.’’ There past, Oregon would have been included before lifting restrictions within SEAs. were requests for information on the in this proposed 4(d) rule, even if only Others commented that the special rule land ownership within SEAs, the to preserve the current regulatory status should ensure that measures governing number of owls present, and the quo protecting the spotted owl in incidental take of the owl on Indian anticipated level of incidental take. Oregon. forest lands contribute to the Others also requested information In reviewing the request for exclusion conservation of the species. regarding the specific acreage of State from Oregon, the Service has assessed In addition to the ten issues for which and private lands off limits to harvest whether it would be advantageous to the Service requested input, comments under the proposed action. There also adopt a new approach for dealing with were received on numerous other issues were questions about how the rule special rule situations in the future by relative to the proposed action. Three would describe and determine the 70 authorizing the revision of a listing of a general areas of interest were common acres to be protected around active threatened species through the in the comments from non-industrial spotted owl nests outside of SEAs. subsequent publication of a special rule landowners—(1) the proposed section After reviewing these public that covers only part of, but not all of, 4(d) rule was a disincentive to grow comments, as well as other owl the range of the species. Under this habitat for spotted owls and to practice management strategies and analyses, the approach, the general prohibitions and good silviculture; (2) the proposed rule Service now proposes this special rule exceptions applicable to threatened represented an unconstitutional taking in response to the President’s directive species not covered by special rules of private property and that private to review the blanket set of incidental would continue to apply in that part of landowners should be compensated; take prohibitions for the northern the range of the species not included and (3) the proposed 4(d) rule places an spotted owl that has been in effect since under the provisions of a subsequent unfair burden on non-Federal lands and the listing. In particular, this proposed special rule. After consideration of the 9490 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules relevant factors on this matter, the *** Whenever any species is listed e.g., authorization of private predator Service has decided to adopt this new as a threatened species pursuant to control or sport seasons, the provisions approach for special rules and is subsection (C) of this section, the of section 3(3) regarding examination of simultaneously proposing additional Secretary shall issue such regulations as population pressures are not invoked. technical amendments to 50 CFR 17.11 he deems necessary and advisable to The adoption of the Forest Plan—a and 50 CFR 1731(c) to accomplish this provide for the conservation of such comprehensive, interagency strategy for change. species. The Secretary may by management of Federal-LSOG forests in In the specific case of the northern regulation prohibit with respect to any the owl’s range designating nearly 7.5 spotted owl, the owl was originally threatened species any act prohibited million acres as late-successional listed as threatened without a special under section 9(a)(1) . . . with respect reserves—is the major predicate for the rule, and is subject to the same general to endangered species.* ** Service’s proposal of this special rule prohibitions and exceptions which are As applied, this provision empowers for the owl. Upon issuing the Biological applicable to endangered species the Service to promulgate a special rule Opinion on the Forest Plan, the Service pursuant to the current provisions of 50 which adopts species-specific protective stated that the plan ‘‘will accomplish or CFR 17.31(a). These general regulations upon listing a species as exceed the standards expected for the prohibitions include a rangewide threatened. Such a special rule may Federal contribution to recovery of the prohibition against the incidental take include imposition of the section 9(a) northern spotted owl and assurance of or harm of an owl. These prohibitions prohibition against ‘‘take,’’ in some or adequate habitat for its reproduction apply throughout the owl’s range, all of its particular manifestations, and and dispersal.’’ Thus, the Forest Plan is including the State of Oregon. The in all or a portion of the species’ range, the primary foundation block for owl Service now proposes a section 4(d) as well as other protective measures. recovery. This proposed rule would special rule for the owl that applies only While Congress expressly mandated complement the Forest Plan and to the States of Washington and certain protections for endangered provide for the conservation of the owl California. Because the proposal for a species by statute (the section 9(a)(1) by retaining taking prohibitions on non- special rule only encompasses prohibitions), it intended to provide the Federal lands in a manner designed to Washington and California, under its Service with flexibility in determining build on the protections the Forest Plan current formulation owls in Oregon what protections are necessary and has provided. Further, the Service has would remain fully protected against advisable for threatened species. Section concluded that the owl take incidental take or harm under the 4(d) is that grant of rulemaking prohibitions that would no longer apply prohibitions established for the owl authority, and it provides the Secretary under this proposed rule are no longer when it was originally listed. As with broad discretion to adopt either necessary or advisable to provide previously noted, the Service is regulations for the conservation of for the conservation of the owl, presently proposing the requisite threatened species. especially in light of the Forest Plan’s technical changes to 50 CFR 17.11 and In many circumstances the Service adoption. 50 CFR 17.31(c), as discussed above, to declines to issue a special rule for a In addition, as has been the case in allow for the issuance of a special rule threatened species at the time it is other section 4(d) regulations, the that applies to only part of the range of listed, often because the Service does proposed rule ultimately would a threatened species like the spotted not have sufficiently specific knowledge promote overall owl recovery efforts in owl, while retaining the original or the resources necessary to develop a other ways. For example, with respect to protective prohibitions for the tailor-made rule. In this event, the a 4(d) rule issued for the threatened remainder of the species’ range in general threatened species regulations at population of gray wolves (Canis lupus) Oregon. 50 CFR 17.31 come into effect, which in Minnesota, the Service determined If a new ‘‘Oregon Alternative’’ provide for automatic application to that a government-implemented proposal for the owl is subsequently threatened species of the prohibitions depredation control program that developed which is found to be the Act itself makes applicable to includes the possibility of lethal control consistent with the requirements of the endangered species. These ‘‘blanket’’ measures would alleviate a source of Act, the Service will initiate an analysis prohibitions act as a ‘‘safety net’’ for public hostility to the wolf and would, of the new proposal under the National threatened species until such time as therefore, be protective of the species Environmental Policy Act and initiate the Service determines that it is (see 50 CFR 17.40(d)). For the Louisiana appropriate regulatory proceedings at appropriate to issue a special rule for black bear (Ursus americanus luteolus), that time. the species. the Service promulgated a regulation This latter course has been followed under section 4(d) that authorized the Section 4(d) of the Endangered Species with respect to the northern spotted unintentional take of bear incidental to Act owl. When the species was listed as normal forest practices so long as The scope and authority for this threatened in June of 1990, the Service suitable habitat diversity for the bear proposed rule stems from section 4(d) of did not promulgate a species-specific was maintained (see 50 CFR 17.40(i); 56 the Act, which grants the Secretary of special take rule under Rule 4(d), and FR 588, 593). As another instance, the the Interior broad administrative thus the blanket prohibitions were Service has proposed to authorize the discretion to promulgate regulations triggered into effect. The Service now take of the threatened coastal California that he deems to be necessary and has determined that it is appropriate to gnatcatcher (Polioptila californica advisable to meet the conservation issue a special rule tailor-made for this californica) incidental to land use objectives for a threatened species. The species, based on the Service’s more activities conducted in accordance with section also confers authority to the particularized knowledge about the a State of California-sponsored Natural Secretary to apply to a threatened respective conservation needs of the owl Community Conservation Plan (58 FR species any or all of the prohibitions across the various portions of its range, 16758). In the case of the northern against take that the Act makes and the change in LSOG-forest spotted owl, the Service is coordinating expressly applicable to endangered management occasioned by adoption of applicability of the take prohibition species. The pertinent parts of section the Forest Plan. Because this proposed with the comprehensive management 4(d) provide: rule does not involve regulated take, strategy in the Forest Plan and the Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9491 initiation of a comprehensive campaign success and to provide a partial buffer Service and the National Marine to encourage Habitat Conservation against disturbance around the site Fisheries Service (NMFS) issued a joint Planning in key portions of the owl’s center. To avoid harassment, resident policy statement on July 1, 1994, range. spotted owls are considered to be committing the agencies to provide as Generally, incidental take could nesting unless surveys conducted much guidance and assistance to the involve either the harm or harassment of during the breeding season indicate that general public as possible so as to avoid a spotted owl. The harassment of the not to be the case. liability under the ESA for incidental northern spotted owl would occur takings (59 FR 34272, 1994). The policy Incidental Take of Spotted Owls: through disturbance of active nesting statement also committed the agencies ‘‘Harm’’ pairs or territorial single owls within an to designate in future listing packages a activity center; harm would result from To successfully reproduce and key contact person within either the significant owl habitat removal around maintain populations, studies have Service or NMFS, as appropriate, to and beyond spotted owl site centers. suggested spotted owls require answer incidental take questions from substantial quantities of suitable Incidental Take of Spotted Owls: the general public. (nesting, roosting, and foraging) habitat In the particular case of the spotted ‘‘Harassment’’ arrayed around their site centers. owl, the Service has encouraged the Timber harvest and related activities A number of radio-telemetry studies public to conduct owl surveys of that disturb the breeding and nesting have described the quantity and property proposed for harvest or functions of spotted owls within activity characteristics of habitat used by development, as a primary means of centers during the breeding season can spotted owls. Studies by Hayes et al. avoiding harassment or harm to an owl. be considered incidental harassment of (1989) found a strong positive The Service has recommended that such individual spotted owls. Incidental relationship between the abundance of surveys be conducted according to a harassment may include activities that spotted owls and the percentage of older March 17, 1992, Service-endorsed could result in disturbance of nesting forests in the study area. A similar survey protocol (USFWS 1992), spotted owls or the abandonment of analysis was performed on data available upon request from the FWS eggs, nestlings, or fledgling spotted collected by Bart and Forsman (1992). Ecological Services State Offices listed owls. More specifically, incidental The results showed that the number of below: harassment of spotted owls generally spotted owls per square mile, pairs of Sacramento Field Office, U.S. Fish and can include harvest activities that occur owls per square mile, young per square Wildlife Service, 2800 Cottage Way, within the closest 70 acres of suitable mile, and young per pair increased with Suite E–1803, Sacramento, California habitat surrounding a site center during increasing amounts of older forest 95825, 916–978–4866, Attn: Field the owl’s reproductive period. (The within the study area. Productivity Supervisor reproductive period generally is (number of young fledged per pair) Oregon State Office, U.S. Fish and between March 1 and September 30 of increased significantly with increasing Wildlife Service, 2600 S.E. 98th each year. These dates may be modified amounts of older forest. Productivity in Avenue, Suite 100, Portland, Oregon where credible scientific information areas with greater than 60 percent older 97266, 503–231–6179, Attn: Field establishes a different time period for a forest was approximately three times Supervisor given area.) Actions with the potential higher than productivity in areas with Washington State Office, U.S. Fish and to disturb nesting spotted owls include, less than 20 percent older forest. Wildlife Service, 3704 Griffin Lane but are not limited to, harvest related Documentation in the 1990 Status S.E., Suite 102, Olympia, Washington activities such as felling, bucking, and Review of the Northern Spotted Owl 98501–2192, 206–753–9440, Attn: yarding; road construction; and blasting. (USDI 1990a) indicates that productivity Field Supervisor A study by Miller (1989) examined per pair is lowest in areas with small the area used by fledgling spotted owl amounts of older forest. This strongly Biology of the Northern Spotted Owl juveniles in Oregon. Radio-telemetry suggests that, even if some spotted owls The spotted owl is a long-lived bird data showed that the average amount of persist in such areas, there is reason to that has a high degree of nest-site nesting, roosting, and foraging habitat believe they are not reproducing and fidelity within an established territory. used by fledgling spotted owls prior to surviving at replacement levels. This proposed rule incorporates, by dispersal was approximately 70 acres in The above research findings have reference, recent documents addressing size. Under existing conditions in many supported the determination in the past the biology and ecology of the spotted areas, these activity centers are seldom that reduced quantities of suitable owl, its habitat, and associated evenly distributed around a nest tree. habitat are likely to result in lower management strategies in Washington, Mortality rates for juvenile spotted owls spotted owl abundance and productivity Oregon, and California, including: the are significantly higher than for adults rates. It has also been suggested that a final rules listing the spotted owl as (Forsman et al. 1984, Gutierrez et al. significant reduction of nesting, threatened and designating its critical 1985, Miller 1989). Studies of juvenile roosting, and foraging habitat within the habitat; the Interagency Scientific dispersal in Oregon and California median annual home range of a spotted Committee (ISC) report (Thomas et al. indicated that few of the juvenile owl pair or resident single creates a 1990); the Scientific Analysis Team spotted owls survived to reproduce much higher risk of adverse effects that report (Thomas et al. 1993); the final (Miller 1989, Gutierrez et al. 1985). actually kill or injure owls by draft Recovery Plan for the Northern These research studies all reported very significantly impairing essential Spotted Owl (USDI 1992); the Forest high mortality during pre-dispersal. behavioral patterns, including breeding, Ecosystem Management Assessment Based on this and other information, feeding, and/or sheltering. These are the Team (FEMAT) report (USDA et al. the Service believes that the primary elements of effects that 1993); the supporting documents for the maintenance of the closest 70 acres of ultimately can cause harm to, and the Forest Plan (USDA/USDI 1994 a and b); existing suitable (nesting, roosting, and incidental take of, spotted owls. and the Contribution of Federal and foraging) habitat surrounding the nest Recognizing the need to assist the Non-Federal Habitat to Persistence of tree will contribute to a secure core area public in avoiding the incidental take of the Northern Spotted Owl on the and is crucial to maximize fledgling listed species, the Fish and Wildlife Olympic Peninsula, Washington 9492 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules (Holthausen et al. 1994). The proposed moderate to high canopy closure (60 to this rule, the Klamath province has been rule also considered the Washington 80 percent closure); a multi-layered, divided into two provinces by State— Spotted Owl Scientific Advisory Group multi-species canopy with large the California Klamath province and the reports (Hanson et al. 1993 and overstory trees; a high incidence of large Oregon Klamath province—even though Buchanan et al. 1994). trees with various deformities (e.g., large the two provinces are part of the same The range of the spotted owl has been cavities, broken tops, mistletoe geographic area. In California, the three divided into 12 physiographic provinces infections, and debris accumulations); provinces are the California Cascades, (USDA/USDI 1994a): the Eastern and large accumulations of fallen trees and California Klamath, and California Western Cascades, Western Lowlands, other debris; and sufficient open space Coast. The Oregon Coast Ranges, and Olympic Peninsula Provinces in below the canopy for owls to fly Willamette Valley, Oregon Klamath, Washington; the Eastern and Western (Thomas, et al. 1990). Western Oregon Cascades, and Eastern Cascades, Coast Range, Willamette Spotted owls use a wider array of Oregon Cascades constitute the five Valley, and Klamath Provinces in forest types for foraging, including more provinces of Oregon. The four Oregon; and the Klamath, Coast, and open and fragmented habitat. Habitat Washington provinces are the Eastern Cascades Provinces in California. The that meets the spotted owl’s need for Washington Cascades, Western Klamath province was divided into two nesting and roosting also provides Washington Cascades, Western subprovinces by State—the Oregon foraging habitat. However, some habitat Washington Lowlands, and the Olympic Klamath Province and the California that supports foraging may be Peninsula. Only the seven provinces in Klamath Province—even though the two inadequate for nesting and roosting. In Washington and California are the provinces are part of the same much of the species’ northern range, subject of incidental take prohibition geographic area (Figure 4 to § 17.41(c)). large, dense forests are also chosen as modifications under this proposed rule foraging habitat, probably because they Habitat Characteristics and will therefore be discussed in more provide relatively high densities of detail below. Northern spotted owls generally have favored prey, the northern flying large home ranges and use large tracts squirrel (Glaucomys sabrinus), as well Washington of land containing significant acreage of as cover from predators. Because much 1. Washington Olympic Peninsula older forest to meet their biological of the flying squirrel’s diet is fungal Province needs. The median annual home range material, old decadent forests provide size of a northern spotted owl, which superior foraging habitat for owls. In The Washington Olympic Peninsula varies in size from province to province, southern, lower-elevation portions of province is bordered by the Pacific is approximated by a circle centered on the owl’s range, the species often forages Ocean on the west, the Straits of Juan de an owl site center. Estimated median along the edges of dense forests and in Fuca on the north, Hood Canal on the annual home range sizes represent the more open forests, preying on the east, and State Highway 12 to the south area used by half of the spotted owl dusky-footed woodrat (Neotoma (Figure 4 to § 17.41(c)). Of the three pairs or resident singles studied to date fuscipes). million acres in the province, within each province to meet their In general terms, suitable habitat approximately 51 percent are in Federal annual life history needs. means those areas with the vegetative ownership. The central portion of the Home range sizes were estimated by structure and composition necessary to province is high, mountainous terrain, analyzing radio-telemetry home range provide for successful nesting, roosting surrounded by lower elevation forest data from studies conducted on the and foraging activities sufficient to that provides habitat for the spotted annual movements of spotted owl pairs, support a territorial single or breeding owl. Almost all Federal lands on the referenced in the 1990 Status Review pair of spotted owls. Suitable habitat is Peninsula have either been designated (1990a) and the Interagency Scientific sometime referred to as nesting, roosting as a late successional or riparian Committee report (Thomas et al. 1990). and foraging (NRF) habitat. reserves under the Forest Plan or have Based on studies of owl habitat Although habitat that allows spotted been Congressionally withdrawn from preferences, including habitat structure owls to disperse may be unsuitable for timber harvest; only 8,400 acres of and use and prey preference throughout nesting, roosting, or foraging, it provides Federal forest land on the Peninsula are the range of the owl, spotted owl habitat an important linkage among blocks of available for programmed timber consists of four components: (1) nesting habitat both locally and over the harvest. In general, the province is Nesting, (2) roosting, (3) foraging, and range of the northern spotted owl. This demographically isolated from other (4) dispersal. Although this habitat is linkage is essential to the conservation parts of the owl’s range. Natural variable over the range of the spotted of the spotted owl. Dispersal habitat, at catastrophic events such as windstorms owl, some general attributes are a minimum, consists of forest stands and wildfires are threats that have the common to the owl’s life-history with adequate tree size and canopy capability of destroying thousands of requirements throughout its range. The closure to provide some degree of acres of habitat. age of a forest is not as important for protection to spotted owls from avian The recent report by Holthausen et al. determining habitat suitability for the predators and to allow the owls to concluded that ‘‘* * * it is likely, but northern spotted owl as the structure forage at least occasionally. not assured, that a stable population of and composition of the forest. Northern Suitable and dispersal habitat vary by owls would be maintained * * *’’ on interior forests typically may require province and are described separately Federal lands in the Olympic Peninsula 150 to 200 years to attain the attributes under the discussion of each province Province. However, the report also notes of nesting and roosting habitat; in the following section. it would be ‘‘unlikely’’ that owls would however, characteristics of nesting and persist on ‘‘* * * the western coastal roosting habitat are sometimes found in Discussion of Spotted Owl Provinces by strip of the National Park, * * *’’ if younger forests, usually those with State non-Federal habitat on the western side significant remnant trees from earlier As previously noted, the range of the of the Peninsula were excluded from late-successional stands. northern spotted owl has been current Federal protection for owls. The The attributes of superior nesting and subdivided into 12 separate provinces report went on to explain that ‘‘the roosting habitat typically include a (Figure 4 to § 17.41(c)). For purposes of retention of non-Federal habitat in the Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9493 western portion of the peninsula was dominant, co-dominant and understory Currently, the Service is attempting to particularly significant and provided for trees of greater than 60 percent. address these conservation opportunity a larger area of core habitat on Federal limitations through a creative new 2. Western Washington Lowlands land in model analyses. In addition, the approach which targets the Province retention of this habitat would likely development of comprehensive multi- increase the chances of maintaining a This province consists of the species Habitat Conservation Plans with population on the coastal strip of the lowlands outside of the Olympic several of the large landowners in this Olympic National Park.’’ When Province that extend east from the province. The Service has premised this comparing the relative value of an SEA Pacific Ocean to the western foothills of cooperative approach, as opposed to on the western side of the Peninsula the Washington Cascades (Figure 4 to designating this area as a Special with a possible SEA on the northern § 17.41(c)). The Canadian border forms Emphasis Area, on the positive side of the Peninsula, the report noted the northern boundary and the commitments it has received from major that the western SEA ‘‘made a much Columbia River the southern boundary landowners in this region to negotiate greater contribution to owl numbers and of the province. Forest lands in the comprehensive HCPs. In addition, one occupancy rates than did the northern north and central portions of the of the landowners has entered into a SEA * * *. Mean numbers of pairs over province along Puget Sound have been ‘‘take avoidance’’ agreement while the 100-year simulation was as large converted to agricultural, industrial and working on their HCP. The take with the western SEA alone as with urban areas. The southwestern portion avoidance agreement insures that no both SEAs.’’ Thus, non-Federal lands on is dominated by commercial tree owls will be lost as the result of timber the northern portion of the Peninsula farming. Of the 6.5 million acres within harvest during the period in which the were not viewed as having any this province, only one percent is under HCP is being developed. appreciable capability of making a Federal management. 3. Western Washington Cascades significant contribution to the long-term a. NRF Habitat. NRF habitat in the Province conservation of the spotted owl on the Western Washington Lowlands consists, The Western Washington Cascades Olympic Peninsula. as a general matter, of coniferous or province occupies the land west of the Finally, the report stated that attempts mixed coniferous/hardwood forest with Cascades crest, from the Columbia River to maintain a ‘‘habitat connection across multiple canopy layers; multiple large north to the Canadian Border and west southwestern Washington * * * would overstory conifers greater than 20 inches to the Western Washington Lowland have little effect on the status of the owl dbh; and total canopy closure among province (Figure 4 to § 17.41(c)). This population on the Peninsula if that dominant, co-dominant and understory province contains about 6.1 million population was stable or nearly stable.’’ trees of greater than 60 percent. In other words, recent analysis suggests acres of land, of which approximately b. Dispersal Habitat. Dispersal habitat that the likelihood of addressing past 61 percent is in Federal ownership. in the Western Washington Lowlands concerns about the need to connect the Most of the non-federal lands occur consists, as a general matter, of Olympic Peninsula owl population to along the western edge of the province coniferous or mixed coniferous/ southwestern Washington owls in order and along the major mountain passes in to maintain a viable population is very hardwood forest with smaller dominant checkerboard ownership with Federal low, given current conditions, trees or lower canopy closure than NRF lands. especially when relying on the habitat; multiple canopy layers of a. NRF Habitat. NRF habitat in the application of incidental take multiple large overstory conifers greater Western Washington Cascades Province prohibitions. According to Holthausen, than 10 inches dbh; and a total canopy consists, as a general matter, of et. al, ‘‘* * * the populations of owls closure among dominant, co-dominant coniferous or mixed coniferous/ on the Peninsula is sufficiently large to and understory trees of greater than 60 hardwood forest with multiple canopy avoid any short to mid-term loss of percent. layers; multiple large overstory conifers genetic variation, * * *’’ Except for the Spotted owls in this province have greater than 20 inches dbh; and total western portion of the Peninsula where extremely low population levels due to canopy closure among dominant, co- non-Federal lands are still important, isolation of populations within the dominant and understory trees of the major problem for owls on the province and limited nesting, roosting, greater than 60 percent. Peninsula is the past loss of suitable and foraging habitat. The limited b. Dispersal Habitat. Dispersal habitat habitat on Federal lands. amount of habitat in this province also in the Western Washington Cascades a. NRF Habitat. NRF habitat on the contributes to the demographic isolation Province consists, as a general matter, of Olympic Peninsula consists, as a general of the Olympic Peninsula Province. As coniferous or mixed coniferous/ matter, of coniferous or mixed noted previously in the discussion on hardwood forest with smaller dominant coniferous/hardwood forest with the Olympic Peninsula, however, the trees or lower canopy closure than NRF multiple canopy layers; multiple large recent study by Holthausen et al. habitat; multiple canopy layers of overstory conifers greater than 20 inches suggested that even substantial multiple large overstory conifers greater in diameter at breast height (dbh); and conservation efforts in Southwest than 10 inches dbh; and a total canopy total canopy closure among dominant, Washington would be unlikely to make closure among dominant, co-dominant co-dominant and understory trees of any meaningful contribution to and understory trees of greater than 60 greater than 60 percent. maintaining a stable, long-term percent. b. Dispersal Habitat. Dispersal habitat population of owls on the Olympic A Habitat Conservation Plan (HCP) on the Olympic Peninsula consists, as a Peninsula. Thus, while Southwest was recently approved by the Fish and general matter, of coniferous or mixed Washington is important as part of the Wildlife Service to cover Murray Pacific coniferous/hardwood forest with historic range of the owl, the continued Corporation lands in Lewis County in smaller dominant trees or lower canopy application of blanket incidental take this Province. The permit for this 100- closure than NRF habitat; multiple prohibitions to the exceptionally limited year Habitat Conservation Plan for the canopy layers of multiple large suitable habitat that still exists there northern spotted owl was signed on overstory conifers greater than 10 inches makes any contribution to owls on the September 24, 1993, for the Murray dbh; and a total canopy closure among Olympic Peninsula minimal at best. Pacific Corporation, a Tacoma, 9494 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Washington, based timber company. Threats to the spotted owl in this the spotted owl’s widespread The plan provides for the development province include natural fragmentation distribution, the predominance of and maintenance of dispersal habitat for of spotted owl habitat by geological selection harvest methods, the rapid the spotted owl that is well distributed features; loss of spotted owl habitat from regrowth of habitat, and effective and over the 54,610 acres of the company’s wildfires; loss of habitat from timber comprehensive State wildlife land, while allowing limited taking of harvest activities; and low spotted owl conservation and forest practice spotted owls that is incidental to the populations in some areas of the regulations, threats are considered low company’s timber harvest activities. province. to moderate in this portion of the spotted owl’s range. The Murray Pacific planning area is California situated between the Mineral Block (an Because Federal lands in this isolated block of Forest Service land) 1. California Coastal Province province are limited, they play a small role in spotted owl conservation in this and the main portion of the Gifford Extending from the Oregon border province. Significant non-Federal Pinchot National Forest, that is located south to San Francisco Bay, this contributions to conservation are in immediately south of Mt. Rainier province lies west of the Six Rivers and National Park. The Mineral Block has place or under development in this area. Mendocino National Forests (Figure 4 to In addition to efforts by the state, been designated as a late-successional § 17.41(c)). It consists of approximately Federal reserve under the Forest Plan. described in more detail later, several 5.6 million acres, of which about 87 large timber companies in the coastal The management of Murray Pacific percent is in non-Federal ownership. property will promote the opportunity province have made substantial Timber management is the primary land investments in information-gathering for the dispersal of spotted owls to and use on about 2 million acres, and is from this isolated reserve, providing a and planning for spotted owl concentrated in the heavily-forested conservation. The Simpson Timber link with the Cascade Mountains redwood zone located within 20 miles population. The Mineral Block also Company has completed a Habitat of the Pacific Ocean coastline. In the Conservation Plan and received a hosts the most westerly extension of more inland and southerly portions of spotted owls in the Cascade Mountains. section 10(a) permit for the incidental the province, owl habitat is largely take of a limited number of spotted owls General threats to the spotted owl in confined to the lower portions of this province include low population on its 380,000-acre property. Pursuant drainages and is naturally fragmented to this plan, Simpson Timber has set levels, limited habitat in the northern by grasslands, hardwoods, and aside 40,000 acres of suitable owl portion of the province, declining chaparral, as well as by agricultural and habitat for at least ten years, is habitat, and dispersal problems in areas urban areas. conducting research on habitat of limited Federal ownership. a. NRF Habitat. NRF habitat in the characteristics, and has banded over 600 4. Eastern Washington Cascades California Coastal Province consists, as spotted owls. Province a general matter, of coniferous or mixed coniferous/hardwood forests with 2. California Klamath Province This province lies east of the crest of multiple canopy layers; multiple This province lies to the east of the the Cascades Mountains from the overstory conifers greater than 16 inches California Coastal province, and is Columbia River north to the Canadian dbh; and total canopy closure among contiguous with the Oregon Klamath Border (Figure 4 to § 17.41(c)). The dominant, co-dominant, and understory province (Figure 4 to § 17.41(c)). The province extends east to where suitable trees of greater than 60 percent. Some California Klamath province consists of spotted owl habitat naturally diminishes nest sites may occur in stands of smaller approximately 6.2 million acres, of and drier pine forests become prevalent. trees or with a lower canopy closure; which about 76 percent is in Federal Approximately 62 percent of the however, such sites are not typical. ownership. The U.S. Forest Service is province’s 5.7 million acres is in b. Dispersal Habitat. Dispersal habitat the primary land manager. About 25 Federal ownership. in the California Coastal Province percent of the Forest Service lands in a. NRF Habitat. NRF habitat in the consists, as a general matter, of the province are believed to be currently Eastern Washington Cascades Province coniferous or mixed coniferous/ suitable for nesting, roosting, and consists, as a general matter, of hardwood forests, with smaller foraging by the spotted owl. coniferous forest with stands that dominant trees or lower canopy closure a. NRF Habitat. NRF habitat in the contain greater than 20 percent fir than in NRF habitat; multiple canopy California Klamath Province consists, as (Douglas fir, grand fir) and/or hemlock layers, with multiple large overstory a general matter, of coniferous or mixed trees; multiple canopy layers of multiple conifers greater than 10 inches dbh; a coniferous/hardwood forests with large overstory conifers greater than 12 total canopy closure among dominant, multiple canopy layers; multiple inches dbh; and a canopy closure among co-dominant; and understory trees of overstory conifers greater than 16 inches dominant, co-dominant and understory greater than 40 percent. dbh; and total canopy closure among trees of greater than 50 percent. This province is unique in that it dominant, co-dominant, and understory b. Dispersal Habitat. Dispersal habitat supports several hundred pairs of trees of greater than 60 percent. Some in the Eastern Washington Cascades spotted owls (over 1⁄3 of the State’s nest sites may occur in stands of smaller Province consists, as a general matter, of population) within managed second- trees or with a lower canopy closure; coniferous forest with stands that growth timber stands. Factors that however, such sites are not typical. contain greater than 20 percent fir trees appear to contribute to the suitability of b. Dispersal Habitat. Dispersal habitat with smaller dominant trees or lower these second-growth stands include the in the California Klamath Province canopy closure than NRF habitat rapid growth of trees in the coastal consists, as a general matter, of multiple canopy layers of multiple large environment, the prevalence of coniferous or mixed coniferous/ overstory conifers of greater than 11 hardwood understories, and the hardwood forests, with smaller inches dbh; and total canopy closure widespread occurrence of a favored prey dominant trees or lower canopy closure among dominant, co-dominant and species, the dusky-footed woodrat. The than in NRF habitat; multiple canopy understory trees of greater than 50 primary threat to the spotted owl in this layers, with multiple large overstory percent. region is habitat alteration, but, due to conifers greater than 10 inches dbh; a Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9495 total canopy closure among dominant, the relatively dry climate and the habitat for owls whose site centers are co-dominant; and understory trees of history of recurrent wildfires in this on Federal lands. greater than 40 percent. province, spotted owl habitat is As of July 1, 1994, there were 5,431 In many areas of the province, spotted naturally fragmented by chaparral and known locations, or site centers, of owl habitat is naturally fragmented by stands of deciduous hardwoods. As is northern spotted owl pairs or resident chaparral, stands of deciduous the case in the California Klamath single owls in Washington, Oregon, and hardwoods, and low-elevation Province, the suppression of wildfire California (located between 1989 and vegetation types. In portions of the area, over the last century may have 1993)—851 sites (16 percent) in suppression of fire over the last century encouraged development of mixed- Washington, 2,893 (53 percent) in may have encouraged development of conifer habitat suitable for spotted owls. Oregon, and 1,687 (31 percent) in mixed-conifer habitat suitable for However, timber harvest has removed California. In Washington and Oregon, spotted owls. However, during the same substantial amounts of suitable habitat. owl site centers on non-Federal lands period, timber harvest has removed Existing spotted owl sites are widely are typically widely scattered. substantial amounts of suitable habitat. scattered, and the potential for dispersal Currently, 1,319 or 24 percent of known Owl populations throughout the across the province appears to be owl site centers are located on non- province were believed to be declining limited. This province provides the Federal lands—140 in Washington, 342 due to habitat loss at the time of listing, demographic and genetic linkage in Oregon, and 837 in California. Of and data suggest that populations may between the northern spotted owl and those in California, 631 or 75 percent of well be continuing to decline in the the California spotted owl of the Sierra the site centers located on non-Federal province’s only demographic study area Nevada range. lands are located in the California Coast (Franklin et al. 1992). In the southern a. NRF Habitat. NRF habitat in the Province, where owls are relatively portion of the province, especially on California Cascades Province consists, common in second-growth timber the Mendocino National Forest, spotted as a general matter, of coniferous or stands. Site centers in the interior owls and nesting, roosting, and foraging mixed coniferous/hardwood forests provinces of California are typically habitat are more scattered than in with multiple canopy layers; multiple scattered. In addition to the site centers northern areas due to both natural overstory conifers greater than 16 inches located on non-Federal lands in conditions and recent harvest. However, dbh; and total canopy closure among Washington, Oregon, and California, despite extensive habitat fragmentation dominant, co-dominant, and understory preliminary analyses indicate that there in some areas during the last two trees of greater than 60 percent. Some are 151 site centers in Washington, 810 decades, spotted owl populations nest sites may occur in stands of smaller centers in Oregon, and 204 centers in appear to remain distributed throughout trees or with a lower canopy closure; California, located on Federal lands that most parts of the province. however, such sites are not typical. are dependent upon some percentage of Until the listing of the spotted owl, b. Dispersal Habitat. Dispersal habitat suitable owl habitat on adjacent non- continued habitat alteration due to in the California Cascades Province Federal lands to support the owls. clear-cutting was a primary threat to the consists, as a general matter, of Non-Federal lands in certain portions species in this province. The most coniferous or mixed coniferous/ of the owl’s range are still necessary to important threat to habitat at the present hardwood forests, with smaller support and supplement the Federal time is wildfire. In the past six years, dominant trees or lower canopy closure lands-based owl conservation strategy. large fires have destroyed or degraded than in NRF habitat; multiple canopy While the type of support needed varies substantial quantities of owl habitat on layers, with multiple large overstory depending on local conditions, the three the Klamath, Shasta-Trinity, and conifers greater than 10 inches dbh; a general types of conservation support Mendocino National Forests. total canopy closure among dominant, needed within specially designated The Hoopa Valley Indian Reservation co-dominant; and understory trees of areas are: occupies about 88,000 acres along the greater than 40 percent. (1) Habitat on non-Federal lands near western margin of this province. The Currently, threats in this province Federal reserves where existing owl Hoopa Tribe has conducted forestry include low population numbers, populations are low to provide operations under section 7 consultation difficulty in providing for interacting demographic support for owl conducted between the Bureau of Indian population clusters, and fragmented populations. Areas that are needed to Affairs and the Service, and is preparing dispersal habitat. Catastrophic wildfire provide demographic support for a comprehensive integrated resource is also an important threat to habitat. In Federal reserves include, in management plan for forestry and 1992, a 70,000-acre fire in Shasta Washington: the western portion of the wildlife on their lands. The Tribe is also County substantially reduced the Olympic Peninsula Province and developing a Geographic Information likelihood of contact between the portions of the Eastern and Western System (GIS) data base to integrate northern spotted owl and the California Cascade provinces; and in California: spotted owl conservation into its timber spotted owl for the next several decades. the Cascades Province and the southern management program. The maintenance portion of the Klamath Province; Northern Spotted Owl Populations on of adequate dispersal condition in this (2) Dispersal habitat between Federal Non-Federal Lands area would improve the intra-provincial reserves, where Federal lands may not connectivity and dispersal between Due primarily to historic timber be distributed to prevent isolation of Federal reserves. harvest patterns, approximately 75 populations, or between non-Federal percent of the known rangewide ownerships where the distance between 3. California Cascades Province population of spotted owls is centered reserves is not great. Where distances This province lies east of the on Federal lands. Owl site centers on are large, scattered breeding sites may California Klamath province. It consists non-Federal lands are usually found in be important to improve connection of approximately 2.5 million acres, of remnant stands of older forest, or in between populations. Areas that can which about 46 percent is in Federal younger forests that have had time to provide valuable dispersal habitat on ownership (Figure 3 to § 17.41(c)). regenerate following harvest. In non-Federal lands include, in Checkerboard Federal and non-Federal addition, adjacent forested non-Federal Washington—the western portion of the ownership patterns predominate. Due to lands can provide foraging and dispersal Olympic Peninsula Province and 9496 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules portions of the Eastern and Western Regulations governing timber harvest on functional tool in protection of the Cascade Provinces; and in California— private and State lands (14 CFR § 895, species. the Coast and Cascades Provinces and 898, 919, 939). Registered Professional Following the listing of the northern small portions of the Klamath Province; Foresters licensed by the Board must spotted owl, the California Board of and submit Timber Harvest Plans (THP) to Forestry directed the Department of (3) Suitable habitat for breeding the California Department of Forestry Forestry and Fire Protection to prepare populations in areas where Federal and Fire Protection for review and a Habitat Conservation Plan (HCP) and ownership is limited. In these areas, approval. The California Department of section 10(a)(1)(B) incidental take functioning spotted owl populations are Fish and Game is also responsible for permit application to address all private desired to maintain a widely distributed reviewing THPs. THPs may be denied timber harvest regulated by the Board. population of owls. Areas where non- on a number of grounds, including Following a three-year planning effort Federal owl populations are believed to potential take of Federally or State listed by that Department and a number of play an important role in this regard threatened or endangered species. cooperators from agencies, industry, and include, in Washington—the western Following the Federal listing of the environmental groups, the Board tabled portion of the Olympic Peninsula northern spotted owl, the Board of consideration of the draft Habitat Province; and, in California—the Coast Forestry implemented no-take rules Conservation Plan because significant and Cascades Provinces. using standards based on biological issues remained unresolved, most advice from the Service. These notably the funding mechanism. The Recent Conservation Programs and standards include maintenance of over draft plan nevertheless represented a Strategies for the Northern Spotted Owl 1,300 acres of suitable owl habitat significant cooperative commitment to Non-Federal Management Efforts within 1.3 miles of every spotted owl resolve conservation issues by the State site center and 500 acres within 0.7 and other concerned parties and many To varying degrees, the laws, miles. The rules instituted a special of the biological elements of the draft regulations, and policies of California, review process for all proposed private HCP may have future application. Oregon, and Washington provide timber harvest to ensure that incidental Washington protection and contribute to the take would not occur. The process conservation of the spotted owl. Each of encouraged surveys for spotted owls in The spotted owl is listed under the three states is a cooperator with the THP areas according to a Service- Washington law as an endangered Secretary of the Interior under section 6 endorsed protocol (USFWS 1992). The species. The Washington Department of of the Act and each State has Board’s no-take rules have maintained Natural Resources has the responsibility cooperative agreements with the Service options for future management by for regulating timber harvest activities to carry out conservation activities for providing protection for habitat around on non-Federal lands under the listed and candidate species of plants every known spotted owl site center, authority of the Washington State Forest and animals. Under these agreements, and have resulted in greatly increased Practices Act (76.09 RCW) and its the States work cooperatively with the knowledge of the species’ numbers and implementing regulations (WAC Service on endangered and threatened distribution. Other Forest Practice 222.08–222.50). These regulations are species conservation projects and are Rules, including riparian buffers and promulgated by the Forest Practices eligible for cost-share grant money from limitations on clear-cut size, may Board. the Service to carry out State-directed provide additional contributions to the Recent regulations (WAC species research and conservation maintenance of spotted owl habitat in 222.16.080(1)(h) have required forest activities. Since the spotted owl was northern California. These include the practices on the 500 acres of suitable Federally listed, Washington, Oregon, 40-acre limitation on clear-cut size, habitat surrounding the site center of and California have recognized the limits on adjacency of clear-cuts, and known spotted owls to be reviewed Federal status of the spotted owl and protection of riparian buffers. under the State Environmental Policy have adopted forest management rules The Board of Forestry (Board) also Act, WAC 222.16.080(1)(h). In practice, offering various levels of protection for recently adopted rules establishing this rule has led landowners to avoid the species. In addition, numerous regulatory incentives for large-acreage applying for permits for forest practices changes have been made to State forest landowners who develop sustained within the 500-acre area. This regulation practices rules in the last few years in yield plans (SYPs). The SYP rules may expired on February 9, 1994, and has response to the needs of declining provide considerable benefit to spotted been extended pending approval of a species like the spotted owl, the owls, because ownerships operating final rule. The Forest Practices Board marbled murrelet, and various runs of under these rules must maintain has established a Scientific Advisory salmon. Relevant authorities and specified portions of each watershed in Group to recommend the scientific basis programs existing in the States of timber stands of large size classes for for a new rule to replace the current Washington and California are also several decades, thus providing spotted rule. No other forest practices regulation briefly described below. owl habitat components throughout the expressly addresses the protection of landscape. spotted owl habitat from timber harvest California The Department of Fish and Game activities. However, the Department California has adopted the most and Department of Forestry and Fire notifies individual landowners when a protective forest management Protection jointly maintain an proposed forest practice occurs within regulations for the spotted owl in the interagency data base of Federal and the median annual home range of a Pacific Northwest. The State has also non-Federal spotted owl locations. The known spotted owl pair or resident been in the forefront of efforts to Forest Practice Rules require that all single, and advises the landowner to approach forest management from an information on spotted owl sites that is contact the Service. In addition, several ecosystem perspective. generated during timber harvest other regulations contribute habitat Pursuant to the California Forest planning be submitted to this data base, benefitting spotted owls, including Practice Act, the California Board of and relevant data are made available to regulations requiring riparian zone Forestry establishes regulations under all parties planning timber harvest or protection, wetlands protection, and Title 14 of the California Code of other activities. Thus, the data base is a retention of wildlife reserve trees. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9497 Riparian management zone Past Federal Management Strategies successional Federal reserves should be regulations require the minimum Prior to its listing as a threatened placed closer together to increase the retention of 25-foot wide buffers along species, many different approaches to probability of successful spotted owl the sides of fish-bearing streams with a northern spotted owl management and dispersal between the reserves. In varying ratio of trees to be retained per research were undertaken by Federal addition, plans provided dispersal 1,000 feet of stream within the buffers, and State resource agencies, for habitat sufficient to support movements based on stream location, width and example, designation of ‘‘spotted owl between blocks. For this reserve design, bottom composition. habitat areas’’ or ‘‘SOHAs.’’ Each of successful dispersal would accomplish Wetland management regulations these approaches fulfilled different two objectives—it would help prevent require the establishment of a zone conservation objectives for the northern genetic isolation in individual owl surrounding non-forested wetlands spotted owl. The conservation objective populations and it would allow spotted which varies in width from a minimum of the earliest attempts at spotted owl owls to naturally recolonize important of 25 to 50 feet depending on the size areas that have few or no spotted owls management, which began in the mid- and category of the wetland. The present. By allowing spotted owls to 1970s, was to temporarily protect sites regulations also require the retention of disperse between a series of discrete that supported individual pairs of a minimum number of trees (75) per reserves, this reserve design could spotted owls. In the 1980s, management acre and that a percentage of those trees maintain a spotted owl population over strategies were based on conservation meet minimum size classifications (six a large area even if a single reserve was objectives that tried to avoid land use inches dbh) depending on the type of lost to catastrophe. wetland. Of this total, 25 trees are to be conflicts while managing spotted owls By way of example, the Interagency more than 12 inches dbh, and five of and late-successional forest habitat; Scientific Committee (ISC) developed a them are to be more than 20 inches dbh, these management strategies were conservation strategy based on where they exist. generally inadequate. A complete managing large, well-distributed Federal Clear-cut size and green-up discussion of the history and blocks of suitable spotted owl habitat regulations limit the maximum size of chronology of past spotted owl that were sufficiently connected to clear-cut harvest units to 120 acres, management attempts can be found in maintain a stable and well-distributed unless a State environmental Policy Act Thomas et al. (1990). population of spotted owls throughout review is undertaken that could boost Recent (post-listing) Federal northern their range (Thomas et al. 1990). The the potential size of the harvest to 240 spotted owl management strategies have ISC did not integrate non-Federal lands acres. The perimeter of harvest units been based on the establishment of a into its conservation strategy. To must meet minimum stand system of large, dispersed Federal land provide dispersal habitat between these qualifications to maintain age class reserves, with conservation objectives reserves, the ISC recommended a ‘‘50– diversity adjacent to the harvest unit somewhat different from earlier 11–40 rule’’ where 50 percent of Federal before harvest may proceed. strategies. These management strategies forest habitat (based on quarter- Wildlife reserve tree regulations were designed to meet the following townships) would be managed to retain require the retention of three snags conservation objectives—(1) provide dominant or co-dominant trees with an (minimum of 12 inches dbh), two green habitat to sustain approximately 20 or average of 11 inches dbh and provide a recruitment trees (minimum 10 inches more breeding pairs of spotted owls on minimum 40 percent canopy closure. dbh), and two down logs (minimum 12 each Federal reserve; (2) decrease the Canopy closure refers to the degree to inches diameter at the small end). chance of catastrophic loss of which the crowns (tops) of trees obscure Besides regulating forest practices in populations in reserves; (3) lower the the sky when viewed from below. The Washington, the Department of Natural risk of losing spotted owls from a ‘‘50–11–40’’ rule was set forth as one Resources (WDNR) administers reserve due to a single catastrophic method of providing for dispersal approximately five million acres of State event; and (4) ensure that adequate habitat on Federal forest lands; other lands, 2.1 million acres of which are habitat existed between the reserves for prescriptions have been and can be forested and managed in trust for dispersal of owls throughout its range. developed which provide comparable various beneficiaries. The WDNR has To fulfill these objectives, these dispersal conditions, e.g., Murray avoided the take of spotted owls on its management strategies proposed Pacific HCP dispersal prescription. lands and has begun preparation of an establishing a reserve network of HCP under section 10(a)(1)(B) of the Act Federal lands based on blocks of late- The Federal Forest Plan for all State lands in the range of the successional habitat of sufficient size The range of the spotted owl includes owl. The WDNR is also developing a and proximity to each other to maintain approximately 24,518,000 acres of conservation strategy for the spotted owl viable populations of the spotted owl Federal lands of which 20,577,000 acres that would be applied to the throughout its range. Assessments of are forested. The Forest Plan represents Congressionally mandated 264,000-acre these strategies have generally a management strategy for Federal State Experimental Forest on the recognized that, in certain areas of the LSOG-forests in the coastal western Olympic Peninsula. northern spotted owl’s range, Federal states of California, Oregon, and Apart from these efforts by State lands are not, by themselves, adequate Washington that provides habitat to government, various private efforts are to support the full recovery of the owl support the persistence of well underway to conserve spotted owls, although they could provide a major distributed populations of species that including the development of, or contribution toward the owl’s are associated with late-successional commitment to, HCPs and ‘‘no take’’ conservation in other parts of its range forests, including the northern spotted agreements by several major landowners (USDI 1992). owl. in the State. In addition, the Yakima To meet their conservation objectives, The Forest Plan established a network Indian Nation is developing a these management strategies generally of reserves totalling over 11.5 million conservation strategy for the spotted owl established Federal reserves designed to acres of Federal land in northern while continuing to follow its previous sustain at least 20 pairs of spotted owls California, Oregon, and Washington. interim spotted owl strategy and where conditions allowed. These That total includes 7.43 million acres of selective timber harvest regime. strategies assumed that any smaller late- late-successional reserves, 2.63 million 9498 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules acres of riparian reserves, and 1.48 expected to benefit northern spotted owl continued species existence in refugia, million acres of administratively management in the long-term, but with strong limitations on interactions withdrawn areas. This acreage is in would not be expected to contribute among local populations’’, and a similar addition to 7.32 million acres of substantially to owl conservation needs zero likelihood that implementation of Congressionally reserved lands. in the short-term. Suitable habitat for the option would result in ‘‘species The late-successional reserves the northern spotted owl represents extirpation from Federal lands’’. currently provide 3.2 million acres of approximately 0.37 million acres of the These probability judgments reflect suitable habitat for the spotted owl. The lands that have been designated as the contributions to conservation interim riparian reserve provide an AMAs. expected to be provided by the additional 0.74 million acres of suitable Programmed timber harvests also are implementation of the Forest Plan on habitat and the administratively allowed on approximately four million Federal lands. They indicate a high withdrawn areas provide an additional acres of Federal forests designated as the likelihood that, over the long-term, the 0.31 million acres of this habitat. Matrix under the Forest Plan. The Plan Forest Plan will provide conditions on Late-successional reserves are differs from previously proposed Federal lands that would contribute expected to provide the primary strategies in that the 50–11–40 rule does significantly to the conservation and contribution to the recovery of the not apply to Matrix areas between late- recovery needs of the spotted owl. This spotted owl by maintaining large successional and other Federal forest assessment is consistent with the clusters of spotted owls and spotted owl reserves. The Plan concluded that the Federal policy to provide the habitat throughout a significant portion need for spotted owl dispersal habitat predominant protection for spotted owls of the range of the species. The reserves could be met with the combination of on Federal lands and it is within this are expected to increase in value for reserves as proposed, plus additional context that the Service proposes to spotted owl recovery as young forested Matrix prescriptions. modify the incidental take prohibitions stands grow into suitable habitat and In Washington and Oregon, the Plan for certain non-Federal lands. increase their capacity to support requires leaving 15 percent of the trees additional numbers of stable spotted (‘‘green tree retention’’) in all harvest General Approach Used to Develop owl pairs. units on AMAs and matrix areas outside This Special Rule Programmed timber harvest of the Coast Ranges and Bureau of Land The goal of this proposed rule was to operations are not allowed in late- Management lands in southern Oregon. identify non-Federal lands that are no successional reserves under the Forest The Plan encourages these trees to be longer either necessary or advisable to Plan. However, carefully controlled left in small clumps with the the conservation of the spotted owl thinning activities are allowed in any expectation that they, along with the given the contributions of the Forest stand of one of these reserves less than riparian reserves, would contribute to Plan the likely possibility of numerous 80 years of age. Salvage operations also the creation of dispersal habitat. The large scale, multi-species Habitat would be allowed on these reserves in Forest Plan adopted this prescription to Conservation Plans, and other measures areas where catastrophic loss exceeded improve the future condition of these and practices in effect. In reviewing the ten acres. In both cases, harvest forests. These prescriptions could alternatives identified in the NOI, the proposals must be reviewed by an ultimately be adjusted as a result of Service evaluated the contributions to interagency oversight group to ensure watershed analysis and other planning the conservation of the owl provided by sound ecosystem management. activities related to the implementation the Forest Plan, past Federal owl No programmed timber harvest is of the Forest Plan. conservation strategies, existing State allowed in riparian reserves under the In California, the Forest Plan forest practices regulations, tribal Forest Plan and Federal agencies are incorporates the Matrix prescriptions conservation and private timber required to minimize the effects of contained in the draft National Forest management plans, as well as public roads, cattle grazing, and mining land management plans. These comments provided in response to the activities in these areas. These riparian prescriptions are designed to maintain NOI. reserves are eventually expected to dispersal habitat in a variety of timber The Service considered various provide a considerable amount of late- types. factors in identifying areas of non- successional forest, because they The FEMAT report (p. IV–43 and p. Federal land where relief could be currently represent approximately 31 IV–153) stated that implementation of provided and other areas where percent of the lands that would Option 9 (which served as the basis for incidental take restrictions should be otherwise be designated as Matrix. the Forest Plan) would result in a maintained at this time. The Service Based on current information (USDA et projected future likelihood of 83 percent first considered the conservation al. 1993), approximately .74 million that spotted owl ‘‘habitat is of sufficient benefits that the Federal Forest Plan acres (28 percent) of the 2.63 million quality, distribution, and abundance to provided the owl for a given area. These acres in riparian reserves currently allow the species population to stabilize benefits were then compared and provide suitable nesting, roosting, and in well distributed areas of Federal contrasted with the conservation goals foraging habitat for spotted owls and lands,’’ and a projected future for the area originally established under 1.42 million (54 percent) of the riparian likelihood of only 18 percent that the Final Draft Recovery Plan for the reserves provide suitable dispersal ‘‘habitat is of sufficient quality, northern spotted owl. The Service habitat for spotted owls. distribution, and abundance to allow focused particularly on Forest Plan The Forest Plan places 1.5 million the species population to stabilize, but impacts affecting the conservation of acres of Federal land in 10 special with some significant gaps in the owl habitat and owl numbers, as well as ‘‘Adaptive Management Areas (AMAs).’’ historic species distribution on Federal the size and location of Federal reserves. Management activities in these AMAs land. These gaps cause some limitation It then identified certain areas of non- would emphasize innovative forestry in interactions among local Federal land which were still important techniques with the goal of speeding populations.’’ Moreover, for owl conservation and what the attainment of late-successional implementation of Option 9 was rated conservation goals should be for such characteristics and on restoring by FEMAT as resulting in a zero areas. The Service gave particular care watersheds. These activities are likelihood that ‘‘habitat only allows and attention to the non-Federal lands Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9499 which were noted as important in the which was designed originally to would assess on a local area-by-area Report of the Forest Ecosystem generate dispersal habitat conditions for basis whether the continuation of the Management Assessment Team Federal lands only. incidental take prohibition on affected, (FEMAT), IV 150–151. In identifying For those areas where satisfactory adjacent non-Federal lands was still boundaries for such areas, the Service dispersal conditions likely are not necessary and advisable for achieving considered, among other things, current present, the Service believes that such the conservation goals of the Forest Plan owl population status on non-Federal conditions can be achieved over time for that area. The Service would then lift lands, the need for owl population through other means such as full the incidental take restrictions where support within adjacent Federal protection against incidental take, large warranted and require the protection of reserves, and the need for connectivity scale Habitat Conservation Planning only the closest 70 acres of suitable between such reserves. The Service also (HCPs), Local Option Conservation habitat surrounding an affected site attempted to exclude wherever possible Plans, or voluntary conservation center. large areas of non-Federal land with contributions by non-Federal Relief From Current Incidental Take little or no owl habitat. landowners. Recognizing the limitations The Forest Plan is a habitat based on Federal authority to mandate the Provisions in Washington conservation strategy that would anchor development of dispersal habitat in A total of approximately 10.6 million and secure millions of acres of Federal these areas, this proposed rule would acres of non-Federal land in the range land across the range of the spotted owl, encourage non-Federal landowners to of the spotted owl in Washington (the an unprecedented commitment of manage their lands in ways that are Washington Lowlands Province, Federal resources towards the more consistent with the conservation portions of the Western and Eastern conservation of the owl. Given that of the spotted owl. In some areas it Cascades Provinces and portions of the commitment to a habitat based strategy would remove the disincentives Olympic Peninsula Province) would be and the scope of the Forest Plan, the associated with maintaining suitable excluded from the boundaries of Service no longer believes that it is spotted owl habitat, and, would bring proposed Special Emphasis Areas essential to the conservation of the more certainty to future planning for (SEAs) and be exempted from the future spotted owl to continue to prohibit the timber management as well as for owl application of current incidental take incidental take of the owl on all non- conservation activities. restrictions for the northern spotted owl. Federal land located within the range of Upon consideration of all of the above Of this land base outside SEAs, 8.3 the owl. The Service also believes that factors, the following summarizes the million acres have some sort of forest the combination of Federal and non- provisions of this 4(d) rule: cover of which 5.24 million acres are in conifer cover. Actually, only a small Federal habitat based strategies for the Regulatory Provisions Common to Both percentage of these lands are currently spotted owl contained in this proposed Washington and California rule, the Forest Plan and multi-species affected by present incidental take Habitat Conservation Plans will, over Some protective measures for the owl prohibitions for owls. Absent this time, further the conservation of the would be identical for both the State of proposed rule, however, much of this species and its recovery. Washington and California. The remaining land could potentially be When developing objectives for prohibition on killing or injuring of affected should a spotted owl relocate to regulatory relief for non-Federal lands spotted owls would not be relieved in any adjacent suitable owl habitat at which were consistent with the Forest any part of the owl’s range by this some point in the future. Approximately Plan, the Service evaluated past proposed rule. Similarly, timber 1.7 million acres of non-Federal lands biological information and has harvesting of the closest 70 acres of would be left inside of SEAs. Of this concluded that it is still important to suitable owl habitat surrounding a site acreage figure, 1.3 million acres of non- retain the closest 70 acres of suitable center would remain prohibited Federal land is in conifer forest and owl habitat surrounding site center throughout Washington and California, would remain subject to the incidental regardless of whether the center is in an unless the site has been determined to take prohibitions for any owl found area of proposed relief or not. The be abandoned. present in this area. In fact, only a Service also believes that the substantial In addition, the Service would retain portion of this acreage inside SEAs is loss of suitable habitat within the for an additional two years, the currently affected by the presence of estimated median annual home range of prohibition against incidental take as owls. Of the approximately 510,000 an owl is likely to result in inadequate applied to owls which are dependent acres of non-Federal forestland which nesting, juvenile development, and upon non-Federal lands and whose site are today under incidental take adult dispersal and survival, and will centers are located within Federal restrictions for known owl sites, no less significantly increase the likelihood of Forest Plan Reserves or Congressionally than 325,000 acres or almost 60 percent actual harm to, and incidental take of, reserved or Administratively withdrawn would be relieved from such restrictions an owl. areas which are outside of Special as a result of this rule. As the riparian reserve, matrix, Emphasis Areas or are on the western Of the 140 spotted owl site centers on adaptive management areas, and late- portion of the Olympic Peninsula in non-Federal lands in Washington, 84 are successional reserve management Washington, or are located on Federal in the six proposed SEAs and would criteria of the Forest Plan are Forest Plan reserves or Congressionally retain current incidental take protection. implemented, along with the reserved or Administratively withdrawn Fifty-six spotted owl site centers are requirements of underlying State law areas within the Klamath Province in outside SEAs on non-Federal lands and and other provisions proposed in this California. At the end of this period, the would be released from current rule for owl protection, dispersal and Service will review any new incidental take prohibitions. There are connectivity conditions for the species’ information or data involving the status an additional 121 site centers on Federal survival should improve over time of such owls and their habitats in the lands within the proposed SEA’s, of throughout its range. For this reason, the affected areas, including the results of which 68 may be dependent on non- Service has chosen not to include in this any completed watershed analysis and Federal lands. There are also 83 site proposed rule mandatory dispersal other planning efforts under the Federal centers on Federal lands outside the prescriptions such as the 50–11–40 rule Forest Plan. In particular, the Service SEAs that may be dependent on non- 9500 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Federal lands. Of the 83 site centers does not believe that it is essential that This SEA is located along Swift Creek outside of SEAs, 71 site centers are existing incidental take restrictions be Reservoir and the Upper Lewis River, located within either a Federal Forest retained for an additional two years for south of the Mt. St. Helens National Plan Reserve or a Congressionally these three areas on the Peninsula. Monument. As with the White Salmon reserved or Administratively withdrawn SEA, this area was not included within Designation of Special Emphasis Areas area. The Olympic Peninsula contains the ‘‘Proposed Action’’ for the December 41 of these sites with the remaining 30 The six areas discussed below (Figure 29, 1993, NOI (58 FR 69132), but was sites located outside of SEAs in the rest 5 to § 17.41(c)) would be designated as included within ‘‘Alternative C’’ of the of the State. SEAs within Washington: NOI. Because of the public comments received in response to the NOI and Activities Outside of Designated SEAs (a) Columbia River Gorge/White Salmon (Figure 6 to § 17.41(c)). further analysis of spotted owl habitat in The Service proposes to reduce the The Columbia River Gorge portion of Washington (Hanson, et al. 1993), the current prohibition against the this SEA is in the southern portion of Service has determined that the incidental taking of owls for those non- the Washington Cascades province, inclusion of the Siouxon Creek SEA in Federal lands which are located outside north of the Columbia River and west of the 4(d) Rule is warranted. This SEA of SEAs proposed in Washington. In the Cascade crest. Non-Federal lands contains seven owl site centers, five on areas outside of SEAs, a non-Federal link owls and owl habitat between non-Federal land and two on Federal landowner would only be required to Federal reserves in the Washington land, and includes approximately retain the closest 70 acres of suitable Cascades and Oregon Cascades along 44,000 acres of non-Federal land and owl habitat surrounding an owl site the Columbia River Gorge, thereby 1,000 acres of Federal land. Owls on center. Legal and administrative contributing to the objectives of the these non-Federal lands are needed to boundaries were used wherever possible Forest Plan. supply demographic support to owl to assist in refining identified SEA The White Salmon portion of this populations on adjacent Federal boundaries. As noted above, the Service SEA is bordered by the Yakima Indian reserves and dispersal habitat is needed estimates that approximately 10.6 Reservation to the northeast, Federal to provide connectivity through the million acres of non-Federal land in lands and the Cascade crest to the west Lewis River Valley between the Washington lie outside of SEAs, of and the Columbia River to the south. reserves. which 5.24 million acres are forested The White Salmon area was not (c) Mineral Block (Figure 8 to with conifers. These would be the § 17.41(c)). included within the ‘‘Proposed Action’’ primary areas receiving relief under this This SEA surrounds a block of for the December 29, 1993, NOI (58 FR rule for Washington. In these areas, the Federal land (Mineral Block) that has incidental take of owls would not be 69132), but was included within been designated as a Federal reserve prohibited as long as timber harvest ‘‘Alternative C’’ of that NOI. As a result under the Forest Plan. The Mineral activities did not take place within the of public comments received in Block is about 12 miles west of the main closest 70 acres of suitable owl habitat response to the NOI, however, and part of the Gifford Pinchot National immediately surrounding an owl site recent analysis of spotted owl habitat in Forest. It is too small to support a center. Washington (Hanson, et al. 1993), the population of 20 owl pairs. Owl site As noted previously, the above Service has concluded that the centers on adjacent non-Federal lands reduction to 70-acres would not be inclusion of the White Salmon area as would support this population and to applicable for non-Federal lands part of this SEA is warranted. These provide a link to the Gifford Pinchot affected by any owl site center which is non-Federal lands are an important link National Forest. located within a Forest Plan reserve or to the owl population found on the This SEA contains 39,000 acres of Congressionally reserved or Yakima Indian Reservation to owl Federal land and 259,000 acres of non- Administratively withdrawn area which populations in Federal reserves to the Federal lands. Twelve owl site centers is outside of an SEA. The Service southwest. This portion of the SEA are on non-Federal lands in the SEA; 17 intends to reassess the importance of would provide a route around high- centers are located on Federal lands of these sites within the next two years as elevation terrain on Federal lands, which five rely to some degree upon additional data and planning through lower-elevation forests on non- adjacent non-Federal lands. The information is developed under the Federal lands to provide that needed conservation goals for this SEA are to Forest Plan. The one region in link. It also widens the zone of provide demographic support for the Washington where this two-year protection for the Cascades along the owl population in the Federal reserve. retention of prohibitions would not be Columbia River. (d) I–90 Corridor (Figure 9 to applied outside of an SEA would be on This combined SEA contains 37,000 § 17.41(c)). portions of the Olympic Peninsula. On acres of Federal land and 262,000 acres This SEA is north and south of the northern, eastern, and southern of non-Federal lands. Sixteen owl site Interstate-90 (I–90) between North Bend parts of the Peninsula, non-Federal centers are on non-Federal lands and 3 and Ellensburg, Washington. This area landowners would only be required to site centers are on Federal land within is in checkerboard, intermingled Federal preserve the closest 70 acres of suitable this SEA, with one site activity center and non-Federal ownership, a portion of habitat surrounding a site center on Federal lands which relies to some which is included in the Snoqualmie regardless of whether the site center is degree upon adjacent non-Federal lands. Pass AMA under the Forest Plan. This located within a Federal reserve or The conservation goals for this general area has been repeatedly withdrawn area. The Service believes combined SEA are to maintain identified as being important to the that the recent Reanalysis Team Report connections between provinces and the conservation of the owl to maintain a for the Olympic Peninsula (Holthausen, owl population on the Yakima Indian connectivity link between the northern et al., 1994) addresses the issue of the Reservation, and to provide and southern portions of the contribution that such non-Federal areas demographic support to the owl Washington Cascades (Thomas et al., provide toward achieving the goal of population in the Federal reserves. 1990 and Hanson et al. 1993). Existing recovery of the owls on the Peninsula. (b) Siouxon Creek (Figure 7 to habitat for spotted owls is locally sparse Under these circumstances, the Service § 17.41(c)). and highly fragmented. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9501 Non-Federal lands in this SEA would proposes to significantly scale back the SEA would briefly protect home range support the efforts of the Forest Plan by size of the SEA for the Peninsula and to areas for the few owls in the area, but providing dispersal habitat (and some relieve incidental take restrictions for once those owls die or move away, the nesting, roosting and foraging habitat) spotted owls for the remainder of the protection for their home range areas for owl populations that are on the Peninsula. Of the Federal lands on the would fade away as well, resulting in north and south sides of I–90, and Olympic Peninsula, only 8,400 acres of the eventual harvest of the areas. between Federal reserves and the AMA. suitable owl habitat are available for Moreover, while Southwest Washington Owls that are on non-Federal land timber harvest under the Federal Forest previously had been assigned an would provide valuable demographic Plan. important conservation function for support of owl populations in adjacent There has been long standing concern providing connectivity with the isolated Federal reserves that are low in about the viability and persistence of population of owls on the Olympic numbers. Federal reserves that are in spotted owls on the Olympic Peninsula. Peninsula in the Final Draft Spotted checkerboard ownership are also in A recent reanalysis of the contribution Owl Recovery Plan, recent reanalysis by need of demographic support for owls of Federal and non-Federal habitat to Holthausen et al. indicates that the because of their fragmented ownership persistence of the northern spotted owl feasibility of the area ever serving this pattern and degraded habitat conditions. on the Olympic Peninsula (Holthausen connectivity function, especially This SEA contains 383,000 acres of et al. 1994) concluded that there were through application of incidental take Federal land and 400,000 acres of non- 155 known owl pairs on the Olympic prohibitions, is very low. Federal lands. Twenty-nine owl site Peninsula and estimated a total Apart from considerations involving centers are on non-Federal lands in this population of between 282 and 321 the Olympic Peninsula, the limited SEA; 78 site centers are located on pairs. These estimates are substantially number of owls in southwest Federal lands of which 53 rely to some higher than earlier reported estimates. Washington and lack of present suitable degree upon adjacent non-Federal lands. The Hoh/Clearwater SEA habitat provide further support to the Conservation goals for this SEA include encompassing the western portion of the Service’s decision to take an innovative demographic support for adjacent late- Peninsula contains about 1,000 acres of approach to owl conservation in this Federal lands and 471,000 acres of non- successional reserves and connectivity area. While the Service might be able to Federal lands. Twenty owl site centers between reserves. Changes to the eastern prevent someone from destroying are located on non-Federal lands in this boundaries of this SEA from the NOI in certain areas of existing suitable owl SEA. Conservation goals for this SEA this proposal were made to better habitat where an owl is present, the Act are to maintain demographic support for promote dispersal success of owls cannot be used to force people to restore Federal reserves, maintain a well- located within the eastern portion of or enhance owl habitat that has already distributed population, and provide this SEA. been destroyed or degraded. Thus, most (e) Finney Block (Figure 10 to connectivity within the province and landowners in Southwest Washington § 17.41(c)). between late-successional reserves. have little to no incentive at present to This SEA includes the non-Federal Changes in this SEA from the NOI were lands that surround the Finney Block made to support the Federal effort in develop habitat that is attractive to owls. AMA on the Mt. Baker-Snoqualmie this province by drawing upon the The acquisition of sufficient non- National Forest. This SEA would link resources of the remaining non-Federal Federal land in Southwest Washington owl populations in Federal reserves concentration of owls and owl habitat to establish a network of owl with the owl population in the AMA. on the western side of the Peninsula. conservation reserves is not a feasible Owls located on non-Federal lands in The reanalysis report assessed the alternative either. The Final Draft this SEA also would bolster the owl relative value of the Hoh/Clearwater Recovery Plan for the Spotted Owl populations in the Federal reserves and SEA boundaries as proposed by the estimated that the cost of such a reserve the AMA. These actions would Service and did not compare or contrast network could range from $200 million supplement the Federal efforts under alternative SEA boundary to $2 billion. Thus, neither land the Forest Plan by contributing to the configurations for the western side of acquisition nor traditional enforcement stabilization of owl populations within the Peninsula. policies are feasible catalysts for owl this portion of the species range. Although recommendations were conservation in an area such as this This SEA contains 196,000 acres of included in recent reports (USDI 1992, which has limited suitable owl habitat. Federal land and 266,000 acres of non- Hanson et al. 1993, Buchanan et al. Recognizing the historic role that Federal lands. Two owl site centers are 1994) to retain incidental take Southwest Washington played within on non-Federal land in this SEA; 21 restrictions on non-Federal lands in the range of the owl, the Service is centers are located on Federal lands of southwestern Washington, the Service attempting to address these problems by which seven rely to some degree upon believes that current non-Federal aggressively moving forward with the adjacent non-Federal lands. conservation planning activities (e.g., development of multi-species Habitat Conservation goals for this SEA include multi-species HCPs and no-take plans), Conservation Plans with several of the demographic support for the AMA and new analyses (Holthausen et al. 1994), large landowners in this province. In Federal reserves and connectivity and other relevant factors support the addition, one of the landowners has between Federal reserves. decision not to propose southwestern entered into a ‘‘take avoidance’’ (f) Hoh/Clearwater (Olympic Washington as an SEA. The Service agreement covering 100,000 acres while Peninsula) (Figure 11 to § 17.41(c)). reached this conclusion on Southwest working on their HCP. The agreement Upon consideration of a recent Washington for a variety of reasons. ensures that no owls will be taken as the reanalysis of owl persistence on the First, while Southwest Washington result of timber harvest during the Olympic Peninsula (Holthausen et al. constitutes an important part of the period in which the HCP is being 1994) and other data and information, historic range of the spotted owl, there developed. Thus, innovative approaches the Service has decided to alter its presently are only a small number of towards conservation provide the only approach to the Olympic Peninsula isolated owl pairs or resident singles realistic hope for facilitating long-term from that set out in the NOI in across a vast expanse of marginal owl owl use and dispersal within December of 1993. The Service now habitat. The inclusion of this area in an Southwestern Washington. 9502 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Retention of Incidental Take As noted previously in a discussion of Based on this analysis, the Service Restrictions for Activities Inside of SEAs this review process, the Service would concluded that relief from the incidental Subject to certain specified assess on an area-by-area basis whether take prohibition for owls for landowners exceptions, the Service generally would the continuation of the incidental take with less than 80 acres of forestland retain existing incidental take protection prohibition on affected non-Federal within, or adjacent to, SEAs would have for owls located within SEAs. The lands was still necessary and advisable a deminimis impact upon owl Service also would retain full incidental for achieving the conservation goals of conservation across the State. Moreover, take protection for any owl whose site the Forest Plan. The Service would lift given various technology limitations center is located within and along the the incidental take restrictions where and the potential causation and burden boundary of an SEA and is dependent warranted and authorize the adoption of of proof problems associated with the final matrix or AMA prescriptions, proving incidental take to an owl from upon adjacent non-Federal lands at the discretion of the affected non- small scale land use activities of any located outside of the SEA to avoid Federal landowner, as a means of one particular small landowner, the harm. Thus, there are two categories of avoiding an unauthorized incidental Service believes that there is a better non-Federal lands which could remain take of an owl. allocation of its limited law enforcement subject to existing incidental take One limited exception that the resources than to attempt to enforce restrictions for an owl whose site center Service proposes to make to current incidental take restrictions on someone is located within the boundary of an incidental take restrictions within SEAs owning 80 acres or less of forest land. SEA—those adjacent non-Federal lands would involve small landowners. The Service also proposes a ‘‘Local located inside an SEA and those Except for the closest 70 acres of Option Conservation Plan’’ or Local adjacent lands located outside of an suitable habitat around owl site centers Option approach to provide small and SEA boundary but which are still themselves, the Service proposes to mid-sized landowners with additional necessary to provide sufficient suitable relieve incidental take restrictions for flexibility in dealing with incidental owl habitat so as to avoid the incidental small landowners who own, as of the take restrictions. take of an owl. date of this proposed rulemaking, no The prohibition against incidental One modification that the Service more than 80 acres of forestlands in a take in SEAs indirectly assists in proposes to make to existing incidental given SEA in Washington. The Service maintaining pockets of suitable and take restrictions within SEAs would would also extend this proposal to small dispersal habitat through the continued involve non-Federal lands surrounded landowners who are outside of, but protection of suitable owl habitat by or located in matrix and AMA areas adjacent to, an SEA and whose lands are around site centers. This prohibition designated under the Federal Forest affected by the incidental take also helps provide future stocks of Plan. The Service proposes to authorize restrictions for an owl whose site center juvenile spotted owls who would be such affected non-Federal landowners is located within the SEA. For these more likely to migrate between key involved in harvest activities to apply landowners, the maximum ownership reserves. Since a primary need in many either the final management figure of 80 acres would be calculated of these connectors is the development prescriptions delineated for the based upon the amount of land they and maintenance of spotted owl surrounding Federal Matrix/AMA land, owned inside an SEA and the amount dispersal habitat, the Service as determined through the watershed of land outside the boundary of an SEA acknowledges that alternative means analysis or AMA planning processes, as which was affected by current may be developed for achieving that appropriate, or such management incidental take restrictions for an owl objective. The use of the general practices which comply with the inside an SEA. incidental take prohibition in SEAs in current incidental take restrictions. The 80-acre figure for small Washington is valuable when dealing Application of either management landowners was selected after an with a wide-ranging species like the strategy would absolve the affected non- analysis of land ownership patterns and northern spotted owl. Nevertheless, the Federal landowner from any liability for an accounting for the size and location Service recognizes the value in incidental take of an owl under the Act. of lands covered by the Forest Plan, providing flexibility in a section 4(d) This would result in the application of State forestlands, industrial forestlands, rule to allow for the modification of more uniform owl conservation and known large ownerships of non- such prohibitions to better reflect local standards within a matrix or AMA area industrial forestlands. The Service also ecological conditions for a given area. regardless of land ownership. considered the fact that past Forest Furthermore, in focusing on a single The one exception to this policy Service studies have shown that only a species objective in Special Emphasis would be where the adoption of matrix very small fraction of small landowners Areas, broader landscape, watershed, or or AMA prescriptions could result in own forested lands for the exclusive ecosystem conservation possibilities the incidental take of an owl whose site purpose of economic return from may be foreclosed. One of the key center is located within a Forest Plan commercial harvest. In addition, most lessons the Service has learned in reserve or Congressionally reserved or small landowners utilize selective dealing with northern spotted owl Administratively withdrawn area. As harvest techniques or small clear cuts issues over the years is that the would be the case for similar site which would generate only very minor variability of habitats and silvicultural centers outside of SEAs, the incidental and incremental effects on any practices is such that there might be take restrictions would continue to particular owl. Despite their normal more than one approach for providing apply for at least two more years for site practices, however, the small conservation benefits to the owl. For centers within reserve or withdrawn landowners of the Northwest have that reason, this rule proposes to areas. At the end of this period, the resorted to ‘‘panic cutting’’ over their establish a Local Conservation Planning Service will review any new data or fear of Federal restrictions to protect Option. information involving the status of such owls. It is this category of landowner, in The ‘‘Local Option’’ process would be owls and their habitats in the affected particular, who needs to be provided limited to non-Federal landowners who areas, including the results of any sufficient assurances of relief so they own, as of the date of this proposed completed watershed analysis and other revert back to their past practices of low rulemaking, between 80 and 5,000 acres planning efforts under the Forest Plan. impact forestry. of forestlands in an SEA in Washington. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9503 This process could result in the incidental take. Finally, non-Federal in the Plan. The Service will review authorization for the incidental take of landowners who have 5,000 or more each proposed Local Option Plan an owl in exchange for an agreement to acres of forestlands within an SEA in cooperatively with the affected State grow or maintain dispersal habitat. The Washington would only receive relief wildlife agency to ensure that the local option conservation planning from incidental take prohibitions for the conservation objectives for the owl in process would not apply, however, to spotted owl by completing an HCP and the affected area will not be precluded those particular areas within a given obtaining a permit under Section and that the proposal is complementary SEA where the continued maintenance 10(a)(1)(B) of the Act. to the Federal Forest Plan. of suitable owl habitat on non-Federal The landowner-initiated Local Option Under the local option process of this lands is determined to be necessary and process must still provide for the proposed rule, the primary focus would advisable in order to provide primary spotted owl conservation be on the spotted owl, although there demographic support for adjacent objective specified for the Special might be opportunities for conserving Federal owl reserves. Emphasis Area where the property is other associated plant and animal There is no official acreage located. The Service encourages species. Approval of a local option designation defining a large acreage individual and adjacent multiple conservation plan would be an landowner that is common to the three landowners to take advantage of this expedited process (compared to the HCP States of Washington, Oregon and option cooperatively to achieve broader permit mechanism) through California. Definitions of small, medium ecosystem conservation objectives incorporation of specific conservation and large land ownerships vary and which could have these benefits: criteria and guidance provided by this more often differentiate between non- —multiple landowners could proposed rule. A non-Federal landowner or local or industrial or non-commercial private collaborate to provide greater State government may submit an landowners. For purposes of various management flexibility, more effective application to the Service for approval State regulatory analyses, taxation or conservation benefits, and to of a proposed local option plan. If economic policies, and Association minimize administrative costs; requested, the Service would provide memberships, e.g. Washington Farm —multiple species and habitats could be further guidance for the development of Forestry Association, acreages ranging considered, potentially reducing the a local option plan for a particular area. from 2,000 to 10,000 acres have been need to list declining species or However, the applicant is responsible used to differentiate between industrial anticipating requirements of future and non-industrial landowners. For ultimately for the preparation of a local listings; option plan proposal. The Service will example, 5,000 acres is generally the for —land management treatments could be responsible for ensuring the plan’s adjacent Federal owl reserves. become more consistent from Federal There is no official acreage compliance with the National to non-Federal lands, particularly in designation defining a large acreage Environmental Policy Act. Appropriate checkerboard areas; and landowner that is common to the three State of Washington agencies may elect —landowners could exercise additional States of Washington, Oregon and to participate with the Service in the flexibility to plan their forestry California. Definitions of small, medium review of local option plan proposals for operations so as to best reflect and large land ownerships vary and areas within the State. In addition, if the more often differentiate between non- localized environmental conditions State’s regulations are consistent with industrial or non-commercial private within a Special Emphasis Area. this rule, a local option plan proposal landowners. For purposes of various This proposed rule would provide could be certified through a State review State regulatory analyses, taxation or non-Federal landowners in Washington, process. economic policies, and Association in cooperation with the appropriate In determining the criteria for memberships, e.g. Washington Farm State agencies, the option of developing approval of a local option plan, the Forestry Association, acreages ranging cooperative local conservation plans for Service has considered the information from 2,000 to 10,000 acres have been timber harvests in areas of up to 5,000 and approval requirements set forth at used to differentiate between industrial acres within SEAs where the incidental 50 CFR 17.32(b) for a section 10 HCP and non-industrial landowners. For take prohibition for the northern spotted permit. Those requirements have been example, 5,000 acres is generally the owl would not be relieved by this further streamlined for local option maximum acreage break-off point in proposed rule. These cooperative plans planning and have been tailored to meet Oregon to distinguish a non-industrial could provide non-Federal landowners the specific conservation needs of the forestland owner from an industrial one. with the opportunity to develop spotted owl. Contracts with a mill will also qualify alternative management strategies or Service approval of a local option landowners as industrial. Given the prescriptions for addressing the conservation plan will be based on range of acreage figures that has been conservation needs of the owl. consideration of the information utilized among the three States, the The Local Option Conservation required to be submitted with an Service believes that a 5,000 acre break Planning process is designed to application for approval of a plan. point is reasonable for purposes of this encourage creative approaches to the Applications for approval of a local 4(d) rule. Accordingly, landowners with conservation of the spotted owl by option conservation plan must be less than 80 acres of forestland within building flexibility into the regulatory submitted to the Field Supervisor of the an SEA have been treated as small process. Such efforts encourage Fish and Wildlife Service office in landowners within this rule and have coordinated management of listed Olympia, Washington. been provided specific relief up front. species, like the northern spotted owl One additional proposed provision Landowners with overall forestland and the marbled murrelet. If a Local affecting timber harvest activities within holdings greater than 80 acres and not Option Plan is approved by the Service an SEA involves the recognition and more than 5,000 acres within an SEA in consultation with the appropriate establishment of a ‘‘safe harbor’’ from are considered to be medium sized State wildlife agency, the prohibition owl incidental take liability where more landowners and may pursue the ‘‘Local against take of northern spotted owls than 40 percent suitable habitat Option’’ process to seek greater incidental to timber harvests may be remains, post-harvest, within an owl’s flexibility in addressing prohibitions an modified, to some degree, as specified median annual home range. Although 9504 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules some studies have suggested that rates conservation goals of the Federal Forest laws by preserving species and of owl reproduction and survival may Plan as applied in that State. The actual ecosystems before they are on the verge be affected to some degree at a percent scope and extent of relief for these four of extinction. Planning criteria and of suitable habitat above 40 percent, the areas would be one of the primary conservation strategies for certain benefits of timber management certainty issues to be addressed through the species and communities are developed and the problem of enforcement NCCP process. These four areas are by scientific review panels. difficulties tied to issues of causation called potential ‘‘California The California Resources Agency has nevertheless warrant a ‘‘safe harbor’’ Conservation Planning Areas’’ (CCPAs) indicated a willingness to consider approach. Thus, in those instances for purposes of this proposed rule. initiating an NCCP process for portions where more than 40 percent suitable of the range of the spotted owl. The Relief From Current Incidental Take owl habitat remains within an owl’s Service would encourage the California Restrictions Inside The Klamath median annual home range after Resources Agency to convene key Province Relief Area harvest, a landowner would not be stakeholders and regulatory agencies in liable for prosecution should the The proposed rule would result in a an NCCP process for the California incidental take of an owl nevertheless reduction of the prohibition against Cascades, Coastal, Hardwood and Wells occur despite their best efforts to avoid incidental taking of owls for non- Mountain-Bully Choop areas of the State take. Federal lands within most of the (Figures 2 and 3 to § 17.41(c)). The Klamath Province in a zone called the Service recognizes that the actual Relief From Current Incidental Take Klamath Province Relief Area (Figure 1 designation of any CCPA is a Provisions in California to § 17.41(c)). There are 105 spotted owl discretionary administrative matter This proposed rule contains a shift in site centers located on non-Federal land controlled by the California Resources approach for California which has within the Klamath Province Relief Agency. Accordingly, this proposed rule evolved since the publication of the NOI Center. An additional 117 site centers would recognize these four regions as in December of 1993. The December 29, are on Federal land within the Relief potential CCPA areas, serving as a 1993, NOI did not specify any particular Area which are dependent to some ‘‘place holder’’ in the 4(d) rule until area in California where incidental take degree upon adjacent non-Federal lands. such time as an NCCP planning process prohibitions would be relaxed, but Within the area of relief, a landowner is undertaken and completed. One goal instead stated the Service’s intent to would only be required to retain the of such a planning effort would be to defer to California law to provide for the closest 70 acres of suitable owl habitat facilitate and encourage the conservation of the spotted owl. In surrounding a site center. Thus, the development of ownership-wide or anticipation of that possibility, the incidental take of the spotted owl would Region-wide management plans and California Board of Forestry considered not be prohibited for timber harvest criteria which adequately provide for a May 1994 proposal from the California activities outside those 70 acres. Such the conservation needs of the owl and Resources Agency that would have relief would not be provided throughout which complement the owl required maintenance of suitable owl the entire Klamath Province however. In conservation goals of the Federal Forest habitat as a portion of every watershed. particular, it would not be provided in Plan. The actual content and scope of The timber industry regarded the those areas that overlap with the such plans would be developed through proposal as too restrictive, and boundaries of potential CCPAs, the NCCP process itself. Ultimately, the regulatory agencies believed it would be including the Wells Mountain-Bully planning process must address, to the too expensive to administer, so, the Choop and the Hardwood Region Areas satisfaction of the State regulatory Board of Forestry tabled the proposal. of the Klamath Province (Figure 1 to agencies and the Service, an appropriate To provide a possible resolution of § 17.41(c)). Relief would also not be balance between providing some this impasse, the Service proposes a provided for those owls in the Klamath measure of regulatory relief while new structure in this proposed rule as Province Relief Area whose site centers achieving or maintaining the it applies to California which is are located on Federal Forest Plan conservation goals for the spotted owl consistent with the Service’s original reserves or Congressionally reserved or for a particular region. underlying biological assumptions for Administratively withdrawn areas and Under the NCCP approach, the the owl in that State, as set forth in the are dependent upon adjacent non- incidental take of the spotted owl would December 29, 1993, NOI. The Service Federal lands. As noted previously in a not be prohibited under the Act if take proposes to provide some immediate discussion of similar site centers in the were the result of activities conducted relief from incidental take in most of the State of Washington, the Service will according to an approved CCPA plan. California Klamath Province and for reassess the need for such continued This would require the Service to first small landowners in the remainder of protection over the next two years and determine, in consultation with the northern California within the range of will provide additional relief where California Departments of Fish and the northern spotted owl. To encourage warranted at the end of this assessment. Game and Forestry and Fire Protection, additional comprehensive conservation that the plan meets the overall planning for the spotted owl and other The California Cascades, Coastal, requirements of the Act and the species which is available under the Hardwood Region and Wells Mountain- conservation goals for the owl in that California Natural Communities Bully Choop CCPAs area and is complementary to the Conservation Planning program (NCCP), California’s NCCP program (California Federal Forest Plan. The process should additional relief for four other areas of Fish and Game Code 2800 et seq.) was also consider the extent to which new northern California (the California initiated in 1991 to develop plans that Board of Forestry Sustained Yield Plans Cascades, Coastal, Hardwood, and Wells would preserve biological diversity and (SYPs) could be used as a basis for Mountain-Bully Choop Regions) (Figure reconcile development and wildlife incidental take authorization, provided 1 to § 17.41(c)) would be available needs on a local and regional level. It is that such SYPs had been reviewed and contingent upon the successful designed to encourage public/private approved by the Service after completion of a NCCP initiative for sector cooperation, maintain local consultation with appropriate State spotted owls which is complementary control over land use decisions, and agencies. A joint State and Federal to, or not consistent with the owl meet the objectives of State and Federal National Environmental Policy Act/ Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9505 California Environmental Quality Act counties (Del Norte, Humboldt, and not proposing to remove the prohibition (NEPA)/(CEQA) document could be Mendocino) meet or exceed the of incidental take for this area at this prepared to review the environmental standard for spotted owl dispersal time, but will cooperate in anticipated effects of each CCPA plan, including habitat described by the ISC (Thomas et efforts by the California Resources any incidental take of owls. al. 1990). Some degree of incidental take Agency to utilize the NCCP process to Potential CCPA boundaries described could be accommodated while further refine an acceptable owl below were derived from earlier maintaining a well-distributed spotted conservation program for this area that planning efforts by the State (CDF 1992) owl population. The magnitude of such addresses the question of additional and knowledge of current Federal incidental take, however, would be one relief. conservation efforts. To the extent that of the items to be addressed through the (b) Hardwood Region (Figure 2 to the boundaries of these potential CCPAs NCCP process. § 17.41(c)). are somewhat different from traditional Because Federal lands are limited, In the southern portion of the past descriptions of spotted owl they play a small role in the California Coast Province and the provinces in California, they merely conservation of the species in the California Klamath Province, suitable represent sub-units of owl provinces. California Coastal area. The Forest Plan habitat is scattered due to effects of The areas discussed below could be has placed most of the existing late- climate, soils, and human development. designated as CCPAs under the successional forests in the BLM’s This area, which includes much of Lake, California NCCP Act for purposes of scattered parcels (a few thousand acres) Sonoma, Napa, and Marin Counties is northern spotted owl or possible multi- into reserves, and Redwood National dominated by hardwoods and was species conservation planning. Of the Park also provides late-successional designated as the Hardwoods 837 spotted owl site centers on non- habitat in the northern portion of this Subprovince during the California HCP Federal lands in California, 732 are in area. However, these limited Federal planning effort (CDF 1992). It consists of the combined, proposed CCPAs. There reserves cannot support enough spotted approximately 755,000 acres of Federal are an additional 228 site centers on owls to provide for the conservation of land and 2.0 million acres of non- Federal lands within the proposed the species in the coastal province. Federal land. Approximately 57 owl site CCPAs, of which 87 rely to some degree Therefore, non-Federal lands are centers located on non-Federal lands are upon adjacent non-Federal lands. generally very important to the known in this area; 70 site centers are (a) Coastal Area (Figure 2 to conservation of the spotted owl. located on Federal land of which 9 rely § 17.41(c)). Significant non-Federal conservation to some degree upon non-Federal lands. Extending from the Oregon border efforts are already in place or under In this area, spotted owls are widely south to San Francisco Bay, this area is development in the California Coastal scattered and often isolated in small west of the Six Rivers and Mendocino area. Several timber companies have patches of habitat. Because the area National Forests. It consists of made substantial investments in contains minimal Federal land, approximately 293,000 acres of Federal information-gathering and planning for maintenance of the species’ current land, and 3.6 million acres of non- owl conservation. The Simpson Timber range would depend almost entirely on Federal land. Timber management is the Company has completed an HCP providing for owls on non-Federal primary land use on about 2 million (Simpson 1992) and received a permit lands. acres and is concentrated in the heavily for incidental take of a limited number (c) Wells Mountains—Bully Choop forested redwood zone within 20 miles of spotted owls on its 380,000-acre (Figure 3 to § 17.41(c)). of the Pacific Ocean coastline. In the property. Pursuant to the HCP, Simpson This area is in eastern Trinity County more inland and southerly portions of Timber has set aside 40,000 acres for at south of the Salmon-Trinity Alps the area, spotted owl habitat is largely least 10 years, is conducting research on Wilderness, and, as identified in the confined to the lower portions of habitat characteristics, and has banded draft Recovery Plan, provides an drainages and is naturally fragmented more than 600 owls. The Pacific Lumber important link between the California by grasslands, hardwoods, and Company is conducting banding and Klamath Province and the California chaparral. radio-telemetry studies, and has Cascades Province. This area consists of The coastal area of northern California completed a management plan for its approximately 116,000 acres of Federal plays an important role in the 200,000-acre property that maintains land and 176,000 acres of non-Federal conservation of the species. It represents owl habitat in every watershed and lands, and is managed under Sierra- more than 10 percent of the range of the protects all spotted owl nest sites from Pacific Industries’ no-take owl spotted owl and has substantial owl take. The Georgia-Pacific and Louisiana- management plan. Approximately 13 populations in managed forests. Pacific Corporations have conducted owl site centers located on non-Federal Approximately 642 owl site centers banding and radio-telemetry studies in lands are known in this area; 7 site located on non-Federal lands are known cooperation with the CDFG; analyses of centers are located on Federal lands of in this area, virtually all of them are in these data are under way. Numerous which all 7 rely to some degree upon managed second-growth timber stands; smaller-acreage landowners have adjacent non-Federal lands. 66 site centers are located on Federal conducted surveys and provided data to Conservation goals include maintenance lands of which 30 rely to some degree the State’s spotted owl database. of owl populations and dispersal upon adjacent non-Federal lands. Planning a conservation strategy for habitat. Due to the owl’s widespread spotted owls in the California Coastal (d) California Cascades (Figure 3 to distribution, the predominance of area is a complex task due to the large § 17.41(c)). selective harvest methods, and the rapid number of landowners (conservatively The California Cascades Province is regrowth of habitat, the degree of threat estimated at 30,000 to 50,000 (CDF east of the California Klamath Province. to the species in much of this area 1992). Therefore, except for a small It consists of approximately 1.3 million appears to be relatively low. According landowner exemption for people acres of Federal land and 1.6 million to analyses conducted by the California owning less than 80 acres of forestland acres of non-Federal land. Checkerboard Resources Agency (Berbach et al. 1993), within a given CCPA and an additional Federal/non-Federal ownership patterns more than 75 percent of the quarter- adjustment for non-Federal lands within predominate. Due to the relatively dry townships in the three northern coastal matrix and AMA areas, the Service is climate and the history of recurrent 9506 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules wildfires in this province, spotted owl dispersal throughout the province. prohibitions for a given owl, the Service habitat is naturally fragmented by Because of the poor biological status of proposes to authorize the affected non- chaparral and stands of deciduous the owl in this province, the Federal landowners to apply either the hardwoods. In portions of the province, opportunity for large scale relief in this final management prescriptions for the exclusion of fire during the last century area is very limited at present. Should surrounding Federal Matrix/AMA land, may have encouraged development of additional data or information suggest as determined through the watershed mixed-conifer habitat suitable for that the status of the owl has stabilized analysis or AMA planning processes, as spotted owls. However, during the same or is improving, options for this appropriate, or such management period, timber harvest has removed Province would be reconsidered. practices which comply with the substantial amounts of suitable habitat. current incidental take restrictions. Other Related Provisions Approximately 105 widely scattered site Application of either management centers are known. Of these sites, 20 are As is the case in the State of strategy would absolve the affected non- centered on non-Federal lands and 85 Washington, the proposed rule would Federal landowner from any liability for are centered on Federal lands, of which also include a ‘‘safe harbor’’ for any incidental take of an owl under the Act, 46 rely to some degree upon adjacent timber harvest activity where more than resulting in the application of more non-Federal lands. The potential for 40 percent suitable habitat remained, uniform owl conservation standards dispersal throughout the province post harvest, within an owl’s median within a matrix/AMA area regardless of appears to be limited. This province annual home range. This provision land ownership. provides the demographic and genetic would be relevant for harvest activities The one exception to this policy link between the northern spotted owl within the four potential CCPAs. would be where the adoption of matrix and the California spotted owl (Strix The Service proposes to provide or AMA prescriptions could result in occidentalis occidentalis) of the Sierra immediate relief upon the effective date the incidental take of an owl whose site Nevada range. of the final rule from owl incidental take center is located within a Forest Plan Currently, threats in this province restrictions for small landowners in reserve or Congressionally reserved or include low population numbers, the California. Such relief would be Administratively withdrawn area. In difficulty in providing for interacting independent of, and in advance of any such a case, the incidental take population clusters, and fragmented Natural Community Conservation restrictions would continue to apply for dispersal habitat. Catastrophic wildfire Planning (NCCP) process. Except within at least two more years. At the end of is a significant threat to habitat. In 1992, the 70-acre owl activity centers this period, the Service will review any a 70,000-acre fire in Shasta County themselves, the Service proposes to new data or information involving the substantially reduced the likelihood of relieve small landowners who own no status of such owls and their habitats in contact between the northern spotted more than 80 acres of forestland in a the affected areas, including the results owl and the California spotted owl for given CCPA as of the date of publishing of any completed watershed analysis the next several decades. this proposed rule in the Federal and other planning efforts under the Due to the existing habitat condition Register, from the prohibition against Forest Plan. As noted previously in a and the importance of the province in the incidental take of owls. The 80 discussion of this review process, the linking the two subspecies, the entire acres/small landowner relief provision Service would assess on an area-by-area province has been designated as an area would remain in effect regardless of basis whether the continuation of the of concern by every spotted owl whether an NCCP process was incidental take prohibition on affected management plan to date. The Forest ultimately successful in a given CCPA. non-Federal lands was still necessary Plan provides protection of habitat in The relief provision would be and advisable for achieving the owl the home range of each northern spotted applicable in all four potential CCPAs. conservation goals of the Forest Plan. owl found in the province. The province It would be unnecessary in the Klamath The Service would lift the incidental contains the 172,000-acre Goosenest Province Relief Area, which is the take restrictions where warranted and AMA on the Klamath National Forest. subject of a broader proposal to relax authorize the adoption of the final Sierra-Pacific Industries’ owl incidental take restrictions. matrix or AMA prescriptions, at the management plan covers the majority of The Service also proposes to modify discretion of the affected non-Federal the extensive non-Federal checkerboard existing incidental take restrictions landowner, as a means of avoiding an ownership in the province. The primary within potential CCPAs that would unauthorized incidental take of an owl. conservation needs for both Federal and involve non-Federal lands located amid Table 1 provides a summary of the non-Federal lands are research on matrix or Adoptive Management Areas various areas where incidental take habitat use by nesting and dispersing (AMA) designated under the Federal relief could be provided or prohibitions spotted owls, and providing habitat for Forest Plan. Where such non-Federal retained in the two States affected by a well-distributed population and lands are subject to incidental take this proposed rule. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9507 TABLE 1 Washington owl sites outside Washington owl sites inside California owl sites inside California owl sites inside Landowner type SEAs SEAs Klamath relief area CCPAs Less than 80 Relief for all landowners ex- Relief except for 70-acre core Relief for all landowners ex- Relief except for 70-acre acres. cept for 70-acre core. cept for 70-acre core. core. 80±5,000 Acres Relief for all landowners ex- Matrix/AMA prescription op- Relief for all landowners ex- Matrix/AMA prescription op- cept for 70-acre core or tion. Additional relief con- cept for 70-acre core or tion. Additional relief con- where current restrictions tingent upon acceptable where current restrictions tingent upon successful are necessary to protect Local Option Plan. are necessary to protect completion of NCCP proc- owls on a Federal reserve owls on a Federal reserve ess. or withdrawn area (except or withdrawn area. for Olympic Peninsula). More than 5,000 Relief for all landowners ex- Matrix/AMA prescription op- Relief for all landowners ex- Matrix/AMA prescription op- Acres. cept for 70-acre core or tion. Additional relief con- cept for 70-acre core or tion. Additional relief con- where current restrictions tingent upon acceptable where current restrictions tingent upon successful are necessary to protect Local Option Plan. are necessary to protect completion of NCCP proc- owls on a Federal reserve owls on a Federal reserve ess. or withdrawn area (except or withdrawn area. for the Olympic Peninsula). Incidental Take on Tribal Lands achieved in reaching the conservation conservation program for the affected For Indian forest lands, as that term needs of the species within a given area, species. is defined at 25 CFR 163.1, in California restrictions due to incidental take Section 10(a)(1)(B) of the Act, requires and Washington, the proposed rule prohibitions could be further modified non-Federal applicants to develop would result in the reduction of the or lifted, as information warrants. Habitat Conservation Plans for listed species which would be incidentally current Federal prohibition against the Other Federal Mechanisms for incidental take of the spotted owl. taken in the course of otherwise lawful Promoting the Conservation of the activities, and to submit such plans Under this proposal, Tribes would be Spotted Owl required to maintain only the closest 70 along with an application for an acres of suitable owl habitat around an The listing of the spotted owl, the incidental take permit. Such plans can owl site center. Any additional designation of its critical habitat, and direct significant private sector restrictions or prohibitions under Tribal the application of Act regulations at 50 resources in support of the overall law would continue to apply. The CFR Part 17 have extended the conservation of the affected species on Service is proposing this approach in protection of the Act to this species. non-Federal lands. Three section recognition of the conservation benefits Under section 7 of the Act and the 10(a)(1)(B) incidental take permits for provided the northern spotted owl implementing consultation regulations the northern spotted owl have already under harvest methods practiced by at 50 CFR 402, individual project review been issued by the Service. A number of many Indian Nations, such as the occurs through the consultation process other non-Federal entities are in the Yakima Indian Nation in Washington. for those actions authorized, funded, or process of developing HCPs for the Many tribal lands are already managed carried out by Federal agencies that may spotted owl. The section 10 HCP under conservation strategies for the affect a listed species like the spotted process will remain available to non- owl or are of little habitat value for the owl or its designated critical habitat. Federal landowners under the proposed bird. Moreover, the Service notes that The Section 7 consultation process is rule and will provide an additional the Secretary’s trust responsibility for designed to ensure that a proposed alternative for adjusting the incidental take prohibitions set forth in this Native Americans provides him with action is not likely to jeopardize the proposed rule. The initiation of a major additional fiduciary factors to weigh in continued existence of the species or and aggressive Habitat Conservation exercising his broad discretionary adversely modify its critical habitat. The Planning Program for non-Federal authority under Section 4(d) of the Act. consultation process also requires the forestlands in the Pacific Northwest is Service to determine what level of Sunset Provision an integral and crucial component of the incidental take is likely to occur as a The Service proposes a process that Administration’s overall owl result of that action. After completing could result in the modification of the conservation program. When combined this determination, the Service issues an prohibitions of incidental take that are with the conservation goals of the incidental take statement that is retained under this proposed rule Federal Forest Plan and this proposed designed to minimize both the level and should future biological information so section 4(d) rule, the Service’s Habitat the impact of take on listed species. warrant in either California or Conservation Planning initiative Washington. In 1982, Congress amended section provides the third element for a Under this sunset provision, the 10(a)(1)(B) of the Act to provide an comprehensive strategy for the owl. Service would periodically evaluate the additional mechanism for encouraging Incentives for Restoring or Enhancing conservation goals for non-Federal lands non-Federal support for the Owl Habitat within SEAs or possible CCPAs and conservation of listed species. More would decide whether the conservation commonly known as Habitat Prohibitions against the incidental goals for owls in those areas have been Conservation Planning or HCPs, this take of the spotted owl have existed accomplished as a result of future HCPs, mechanism authorizes the incidental since the species was Federally listed in no-take agreements, or other affirmative take of a listed species in exchange for June of 1990. The Service believes that conservation activities. Should the a commitment from a private developer many landowners have felt threatened Service conclude that success has been or landowner for a long-term by the current regulations which could 9508 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules be viewed as a disincentive to enhance, authorized to incidentally take any in the development of a draft recovery restore, or maintain habitat in a spotted owl which was otherwise in plan for the murrelet. The draft recovery condition that is suitable for owl accordance with the use of the property plan should be available for public nesting, roosting, foraging, or dispersal. under the agreement. comments in two to three months. In The disincentive stems from The Service believes that an order to aid a landowner in determining landowners’ fears that owls might incentives program of this sort will whether a property is occupied by establish residence on, or move through, encourage primarily the development of murrelets, the Service encourages their property and impede their ability dispersal habitat under restoration and landowners to contact one of the Fish to manage their timber resources. This enhancement agreements and will slow and Wildlife Service’s three Ecological disincentive has had the effect of down the harvest of suitable owl habitat Services State Offices noted previously increasing timber harvest of currently under habitat maintenance agreements. in this document, and request guidance suitable owl habitat and younger forests Under any of these approaches, there is or information on delineating suitable on non-Federal lands which are not a potential benefit for the spotted owl. murrelet habitat and conducting presently affected by the presence of an Most owls using dispersal habitat are murrelet surveys to determine presence owl. With regard to younger forests in not likely to remain dependent upon of murrelets on a given piece of particular, this concern or fear has that habitat as part of a resident pair or property. This will ensure that accelerated harvest rotations in an effort as a single. Instead, they are likely to landowners who might receive relief to avoid the regrowth of habitat that is use the area as a corridor for moving from owl restrictions under this useable by owls. from one block of suitable habitat to proposed rule are aware of the latest For those non-Federal lands which another. Under these circumstances, any data on occupied habitat for murrelets. are not currently affected by incidental incidental take that might otherwise The Service recognizes that additional take restrictions for spotted owls, the occur through land use activities on the incidental take of spotted owls may Service proposes to provide a new property is likely to be inconsequential occur in SEAs in Washington and incentive to landowners to voluntarily or very limited in impact or duration. CCPAs in California, as HCPs or other manage their lands in a manner which In addition, the opportunity for long-term conservation agreements, e.g. aids in owl conservation without subsequent immunity from incidental local option conservation plans, are increased regulatory liability for the take restrictions should provide an implemented and further take is landowner. In particular, the Service incentive to owners of suitable owl authorized. However, the Service desires to encourage landowners to habitat to forego panic cutting and to believes that the overall level of restore or enhance former owl habitat enter into habitat maintenance incidental take is acceptable in light of which has been previously altered and agreements. By discouraging legal but the habitat-based conservation strategy is of little current value to the owl. The potentially unsustainable harvests now, in the Forest Plan and the fact that such Service is also interested in encouraging and stretching the retention of suitable plans or agreements must satisfy the owners of current suitable owl habitat to owl habitat for the life of a maintenance conservation requirements of the Act. maintain that habitat and to forego agreement, the Service and the The Service will review the effects of premature cutting as the only perceived landowner would keep such habitat the proposed rule under a section 7 means of avoiding future incidental take available for owl use during the consultation as part of the process to restrictions for the owl. pendency of the agreement. complete this proposed rule. The Service would offer to work In Washington and California, the Incidental Take of Other Listed Species directly with a non-Federal landowner Service believes that the relief from through a written conservation or Several other Federally-listed species prohibitions for non-Federal cooperative agreement for the purpose occur in the late-successional and old- landowners outside of SEAs or CCPAs of managing, restoring or enhancing growth forests that provide habitat for and for non-Federal landowners with forest habitat so as to contribute to the the spotted owl. The bald eagle holdings of less than 80 acres of survival and recovery of the owl. (Haliaeetus leucocephalus), peregrine forestland in a given SEA or CCPA Working with the affected landowner, falcon (Falco peregrinus), gray wolf, would not preclude the recovery of the the Service would first establish an grizzly bear (Ursus arctos), and marbled spotted owl and will facilitate the environmental baseline for the property murrelet are known to occur on non- maintenance of habitat conditions in to confirm that no Endangered Species Federal lands in the range of the owl; some areas by removing disincentives Act-based spotted owl restrictions the prohibition of take of these species that currently account for the premature currently apply to the land. The Service incidental to timber harvest would cutting of habitat. might provide such other conservation remain in place. In general, the contributions of advice or assistance as is feasible and The Service is concerned about the Federal, State, Tribal and private land available. The agreement would be of effects of harvest activities on the management and conservation efforts sufficient duration so as to enhance the marbled murrelet, particularly since the for protection of the spotted owl and conservation of the owl or to provide range of the spotted owl significantly other species allow for reduction of the some benefit to the owl while still overlaps the range of the murrelet. Some prohibitions on incidental take of the allowing economic use of the property areas of relief under this proposed rule owl in many areas on non-Federal during the term of the agreement. for the spotted owl might also provide lands. As a result of this proposed rule, At the end of the agreement, or at any habitat that is occupied by the marbled landowners would have more certainty time thereafter, the landowner would be murrelet. Since the date of the original about the conditions under which free to use his or her property as desired listing of the murrelet, the Service has incidental take is likely to occur. without restrictions under the Act for been acquiring as much additional data Finally, the Service points to the long- the spotted owl. This would be the case and information as possible to identify term benefit to the owl of enhanced even if an owl established residence or the constituent elements of suitable public support for the Act. dependency upon the property at some murrelet habitat, as well as to expand a point during or after the terms of the landowner’s ability to determine Public Comments Solicited agreement. During the life of the whether or not such habitat is occupied. The Service intends that any final agreement, the landowner also would be Significant progress also has been made action resulting from this proposed rule Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9509 would be as accurate and as effective as agreements, scope of duration of such described in the order. The collection of possible. Therefore, comments or agreements and land use assurances to information contained in this proposed suggestions from the public, other private landowners which would be rule have been approved by the Office government agencies, the scientific necessary to encourage voluntary of Management and Budget under community, industry, or any other participation. U.S.C. 3501 et seq. and assigned interested party concerning this Final promulgation of the proposed clearance number 1018–0022. The proposed rule are solicited. In rule will take into consideration the Service has determined that this particular, the Service seeks comments comments and any information received proposed action qualifies for categorical on: by the Service. Any information the exclusion under the requirements of (1) The distribution, abundance, and Service receives during the comment Executive Order 12630, ‘‘Government population trends of spotted owls on period may lead to a final rule that Actions and Interference with non-Federal lands in Washington and differs from this proposed rule. Constitutionally Protected Property California as they would relate to the The Act provides for a public hearing Rights’’, and preparation of a Takings approaches described in this proposed on the proposed rule, if requested. Implications Assessment is not rule; Requests must be received within 45 required. Regulations that authorize take (2) The boundaries of the proposed days of the date of publication of this of listed species, as is proposed in this SEAs or CCPAs identified for proposed rule. Such requests must be special rule, are designated as Washington and California and written and addressed to: Regional categorical exclusions. suggestions for modification of these Director, Region 1, U.S. Fish & Wildlife boundaries. In order to better assess Service, 911 N.E. 11th Avenue, References Cited available data on the region, the Service Portland, Oregon 97232–4181. Bart, J. and E.D. Forsman. 1992. Dependence particularly would like to encourage Section 7 Consultation of northern spotted owls (Strix public comment on the question of occidentalis caurina) on old-growth whether it is necessary and advisable for Review, pursuant to section 7 of the forests in the western USA. Biological the conservation of the spotted owl to Act, will be conducted prior to issuance Conservation 62:95–100. designate a Special Emphasis Area on of a final rule to ensure that the Berbach, M., G.I. Gould, Jr., J. Stenback, H. the western side of the Olympic proposed action will not jeopardize the Eng, and R. Marose. 1993. GIS analysis Peninsula, and if so, whether the continued existence of the spotted owl of northern spotted owl dispersal habitat or any other listed species. on private lands in Del Norte, Humboldt, present proposed boundaries of the and Mendocino Counties, California. Hoh/Clearwater Special Emphasis Area National Environmental Policy Act Trans. West. Sec. Wildl. Soc. Vol. 29. are warranted or whether they should be Sacramento, California. reduced in size or significantly The Fish and Wildlife Service is complying with NEPA in implementing Buchanan, J., Hanson, E., Hays, D., and L. reconfigured. Young, L. 1994. An evaluation of the (3) The distribution and abundance of the provisions of this proposed rule. Washington Forest Practices Board spotted owl populations that are outside The Service prepared an environmental Wildlife Committee preferred alternative of SEAs or CCPAs; assessment on this proposal and has for a spotted owl protection rule: a report (4) The biological and economic decided to engage in a more intensive to the Washington Forest Practices implications of applying the proposed assessment of impacts through the Board. Washington Forest Practices rule in Washington and California; preparation of an environmental impact Board Spotted Owl Advisory Group. (5) The applicability of the definitions statement (EIS). The Service is Olympia, Washington. of suitable habitat and dispersal habitat preparing a draft EIS at this time. The Hanson, E., Hays, D., Hicks, L., Young, L., draft EIS will be published and and J. Buchanan. 1993. Spotted owl for the spotted owl, specific to habitat in Washington: a report to the provinces if possible; available for public review and Washington Forest Practices Board. (6) The implications of the proposed comment approximately 60 days after Washington Forest Practices Board rule on small-acreage (less than 80 publication of this proposed rule. The Spotted Owl Advisory Group. Olympia, acres), medium-acreage (80 to 5,000 end of the public comment period for Washington. acres), and large-acreage (more than the proposed rule will ultimately be Holthausen, R.S.; Raphael, M.G.; McKelvey, 5,000 acres) non-Federal landowners extended to coincide with the end of the K.S.; Forsman, E.D.; Starkey, E.E.; and comments on how these different public comment period for the draft EIS. Seaman, D.D. 1994. The Contribution of Federal and Nonfederal Habitat to ownerships are addressed in the Required Determinations proposed rule; Persistence of the Northern Spotted Owl (7) The scope and effect of the ‘‘local This proposed rule was reviewed on the Olympic Peninsula, Washington. Report of the Reanalysis Team. option’’ process for landowners who under Executive Order 12866. The Service has not yet made a Murray Pacific Corp. 1993. Habitat own 80 to 5,000 acres in SEAs in the conservation plan for the northern State of Washington; determination of the economic effects of spotted owl on forestlands owned by the (8) The biological or economic the proposed rule on small entities as Murray Pacific Corporation, Lewis Co., implication of proposing a different required under the Regulatory Washington. SEA/CCPA approach where non-Federal Flexibility Act (5 U.S.C. 601 et seq.). Ralph, C.J., Nelson, S.K., Shaughnessy, M.M., buffers would be retained around any Specific economic effects of the Miller, S.L.; Hamer, T.E. 1994. Methods owl site centers located on Federal proposed action will be discussed in the for surveying marbled murrelets in reserves in designated areas, and economic analysis that is included in forests; a protocol for land management the Environmental Impact Statement and research. Pacific Seabird Group, whether SEA/CCPA boundaries would # change as a result of applying this type (EIS) for the proposed action. The EIS Technical paper 1, revised. USDA will be published and available for Forest Service, Pacific Southwest of approach; and Research Station, Arcata, California. 50p. (9) Recommendations or comments on public comment at a later date. This rule Simpson Timber Co. 1992. Habitat how to implement the proposed Habitat does not require a Federalism conservation plan for the northern Enhancement Agreement conservation assessment under Executive Order spotted owl on the California program for the owl, particularly with 12612 because it would not have any Timberlands of Simpson Timber regards to possible provisions of such significant federalism effects as Company. 9510 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Thomas, J.W., E.D. Forsman, J.B. Lint, E.C. Lane SE, Suite 102, Olympia, Washington Department of Wildlife, or Meslow, B.R. Noon, and J. Verner. 1990. Washington 98501; and Don Barry, California Department of Fish and A conservation strategy for the northern Counselor to Assistant Secretary for Game, who is designated by his/her spotted owl. Interagency Scientific Fish, Wildlife and Parks, 1849 C Street agency for such purposes, may, when Committee to Address the Conservation acting in the course of his/her official of the Northern Spotted Owl, U.S. NW, Washington, DC 20240. duties, take a northern spotted owl in Department of Agriculture, Forest List of Subjects in 50 CFR Part 17 Service, and U.S. Department of Interior, Washington or California if such action Bureau of Land Management, Fish and Endangered and threatened species, is necessary to: Wildlife Service, National Park Service, Exports, Imports, Reporting and (1) Aid a sick, injured or orphaned Portland, Oregon. recordkeeping requirements, and owl; Thomas, J.W., M.G. Raphael, R.G. Anthony, Transportation. (2) Dispose of a dead owl; or E.D. Forsman, A.G. Gunderson, R.S. (3) Salvage a dead owl which may be Holthausen, B.G. Marcot, G.H. Reeves, Proposed Regulation Promulgation useful for scientific study: Provided, J.R. Sedell, D.M. Solis. 1993. Viability Accordingly, the Service hereby that any taking pursuant to paragraph assessments and management proposes to amend part 17, subchapter (c)(1)(i)(B) of this section must be considerations for species associated B of chapter I, title 50 of the Code of reported in writing to the U.S. Fish and with late-successional and old-growth Federal Regulations, as set forth below: Wildlife Service, Division of Law forests of the Pacific Northwest. Enforcement, P.O. Box 19183, Portland, Oregon. U.S. Department of PART 17Ð[AMENDED] Agriculture, Forest Service. Washington, DC 20036, within 5 days. Tuazon, R., DePree, J., Gaffin, J., Harris, R., 1. The authority citation for part 17 The specimen may only be retained, Johnson, R., Murray, G., Roush, L., continues to read as follows: disposed of or salvaged in accordance Whitlock, W., and R. Zwanziger. 1992. with directions from the Service. Northern spotted owl habitat Authority: 16 U.S.C. 1361–1407; 16 U.S.C. (C) Incidental Take on Tribal Lands. conservation plan for private forestlands 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– On Indian forest lands in Washington in California. Draft prepared for 625, 100 Stat. 3500, unless otherwise noted. and California, as defined in 25 CFR California Board of Forestry. § 17.11 [Amended] 163.1, any person may, when acting in USDA/USDI/NOAA/EPA. 1993. Forest accordance with tribal forestry rules and Ecosystem Management: An Ecological, 2. Section 17.11(h), is amended by revising the ‘‘special rules’’ column in regulations, take a northern spotted owl Economic, and Social Assessment. A incidental to timber harvest activity if Report of the forest Ecosystem the table entry for ‘‘Owl, northern Management Assessment Team. July, spotted’’ under BIRDS to read the harvest does not destroy or degrade 1993. Portland, Oregon. ‘‘17.41(c)’’ instead of ‘‘NA’’. the 70 acres of nesting, roosting and USDA/USDI. 1994a. Final supplemental 3. Section 17.41 is amended by foraging habitat closest to an owl site environmental impact statement on adding paragraph (c) to read as follows: center. management of habitat for late- (D) Spotted Owl Habitat Enhancement successional and old-growth forest § 17.41 Special rulesÐbirds. Agreement. Any person who has related species within the range of the * * * * * voluntarily entered into a Cooperative northern spotted owl. Portland, OR. 2 (c) Northern spotted owl (Strix Habitat Enhancement Agreement vol. occidentalis caurina). (Agreement) with the Service for the USDA/USDI. 1994b. Record of decision for (1) Prohibitions. Except as provided in purpose of restoring, enhancing or amendments to Forest Service and Bureau of Land Management planning this paragraph (c)(1) or by a permit maintaining forestland habitat to aid in documents within the range of the issued under paragraph (c)(2) of this the conservation of the spotted owl may, northern spotted owl. Portland, OR: section, the following prohibitions pursuant to the terms of that Agreement, Forest Service, Bureau of Land apply to the northern spotted owl. incidentally take spotted owls on the Management. (i) Taking. Except as provided in this subject lands either during or after the USDI. 1990. 1990 status review of the paragraph (c)(1)(i), no person shall take period when the Agreement is in effect: northern spotted owl. Fish and Wildlife a northern spotted owl in Washington or Provided, that such Agreements shall Service, Portland, Oregon. California. only apply to parcels of land that are USDI. 1992. Recovery plan for the northern (A) Taking pursuant to cooperative free of all incidental take restrictions for spotted owl; final draft. Portland, agreements. Any employee or agent of the spotted owl as of the date that such Oregon: U.S. Department of Interior, 2 the Fish and Wildlife Service (Service), vol.; December 1992. Agreements enter into force and effect, USFWS. 1992. Protocol for surveying or of a conservation agency of the State and that such Agreements must be of proposed management activities that of Washington or State of California that sufficient duration to aid in the may impact northern spotted owls. is carrying out a conservation program conservation of the spotted owl. March 17, 1992. Portland, Oregon. pursuant to the terms of a cooperative (E) Incidental Take in State of Warm Springs Indian Reservation. 1993. agreement with the Service in Washington. The provisions of this Forest management implementation plan accordance with section 6(c) of the paragraph (c)(1)(i)(E) shall apply to the 1992 through 2001. Warm Springs, Endangered Species Act, who is incidental take of northern spotted owls Oregon. designated by his/her agency for such from timber harvest activity in the State Authors purposes, may, when acting in the of Washington. course of his/her official duties, take a (1) Outside Special Emphasis Areas The principal authors of this northern spotted owl covered by an (SEA). Any person may take a northern proposed rule are Gerry Jackson, U.S. approved cooperative agreement to spotted owl incidental to timber harvest Fish and Wildlife Service, Deputy carry out a conservation program under activity outside an SEA if the harvest Assistant Regional Director, North the agreement in Washington or does not destroy or degrade the 70 acres Pacific Coast Ecosystem, 911 N.E. 11th California. of nesting, roosting and foraging habitat Avenue, Portland, Oregon 97232; Curt (B) Taking by designated officials. closest to an owl site center: Provided, Smitch, U.S. Fish and Wildlife Service, Any employee or agent of the Service, that such incidental take is not Assistant Regional Director, North National Park Service, Bureau of Land authorized with regard to an owl whose Pacific Coast Ecosystem, 3704 Griffin Management, U.S. Forest Service, site center is located within and along Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9511 the boundary of an SEA; or a Federal Management Area lands and a prohibitions in this paragraph as reserve or Congressionally reserved or description of the final management appropriate with respect to such SEA. Administratively withdrawn area which prescriptions delineated for any such (F) Incidental Take in State of is otherwise located off the Olympic lands, if known; the measures to be California. The provisions of this Peninsula. taken to minimize and mitigate the paragraph (c)(1)(i)(F) shall apply to the (2) Inside SEAs—Matrix and Adaptive impacts of incidental take of spotted incidental take of northern spotted owls Management Area authorization. Any owls; the impact of the plan on affected from timber harvest activity in the State person may take a northern spotted owl watershed(s); what commitments the of California. incidental to timber harvest activity landowner(s) will provide to ensure (1) Klamath Province Relief Area. Any within an SEA if the harvest is on non- implementation or adequate funding for person may take a northern spotted owl Federal land surrounded by or located the plan; what procedures will be used incidental to timber harvest activity in within Federal Matrix or Adaptive to deal with any unforeseen the Klamath Province Relief Area Management Area lands and complies circumstances which could result in (Figure 1 to § 17.41(c)) if the harvest with the final Federal harvest significant adverse effects to spotted does not destroy or degrade the 70 acres prescriptions or restrictions adopted for owls in the affected area; any additional of nesting, roosting and foraging habitat such lands: Provided, that this measures the Service requires as being closest to an owl site center: Provided, authorization shall not apply to any necessary or appropriate for the goals of that such incidental take is not northern spotted owl whose site center the plan to be met, e.g., reporting and authorized with regard to an owl whose is located within a Federal Reserve or a review requirements; and, where the site center is located within and along Congressionally reserved area or State has implemented regulations for a the boundary of a Federal reserve or a Administratively withdrawn area. local option conservation plan review Congressionally reserved or (3) Inside SEAs—Small landowners. process that complements or is Administratively withdrawn area. Any person who owns, on February 17, consistent with this proposed rule, (2) Potential California Conservation 1995, no more than 80 acres of whether the State has certified the plan. Planning Areas. (i) Matrix and Adaptive forestland within a given SEA, may take (iii) Approval. After consideration of Management Area authorization. Any a northern spotted owl incidental to the information submitted with an person may take a northern spotted owl timber harvest activity within such 80 application and received during a incidental to timber harvest activity acres if the harvest does not destroy or public comment period, the Service within a potential California degrade the 70 acres of nesting, roosting shall approve a Local Option Conservation Planning Area (CCPA) if and foraging habitat closest to an owl Conservation Plan if it finds that any the harvest is on non-Federal land site center. anticipated taking will be incidental; the surrounded by or located within Federal (4) Inside SEAs—Local option applicant will minimize and mitigate Matrix or Adaptive Management Area conservation plans. (i) Authorization. the impact of such takings; the local lands and complies with the final Any person who owns on February 17, option conservation plan contributes to Federal harvest prescriptions or 1995 more than 80 acres, but not more or is consistent with the conservation restrictions adopted for such lands: than 5000 acres, of forestland in a given needs of the northern spotted owl in the Provided, that this authorization shall SEA may take a northern spotted owl affected SEA and will not result in the not apply to any northern spotted owl incidental to timber harvest activity incidental take of a spotted owl deemed whose site center is located within a conducted on such land in accordance essential for providing demographic Federal reserve or a Congressionally with a Local Option Conservation Plan support for a Federal reserve established reserved or Administratively withdrawn approved by the Service. under the Federal Forest Plan as area. (ii) Application. Each application for necessary to achieve conservation (ii) Small landowners. Any person a Local Option Conservation Plan shall objectives; the applicant will provide who owns, on February 17, 1995, no be submitted to the Service’s State adequate assurances or funding for the more than 80 acres of forestland within Supervisor, U.S. Fish and Wildlife implementation of the local option plan; a given potential CCPA may take a Service, 3704 Griffin Lane SE, Suite 102, and the taking will not appreciably northern spotted owl incidental to Olympia, Washington 98501, on an reduce the likelihood of survival and timber harvest activity within such 80 official application (Form 3–200) recovery of any listed species in the acres if the harvest does not destroy or provided by the Service. Each wild. degrade the 70 acres of nesting, roosting application must include, as an (5) Safe Harbor Authorization. Any and foraging habitat closest to an owl attachment, a plan that contains a person may take a northern spotted owl site center. description of the area to be covered by incidental to timber harvest activity (iii) Natural Communities the proposed plan; the size of the within an SEA if the harvest does not Conservation Plans. Any person may affected land ownership(s) and the destroy or degrade the 70 acres of take a northern spotted owl incidental intended duration of the plan; the nesting, roosting and foraging habitat to timber harvest activity within a number of affected spotted owls and the closest to an owl site center, and does potential CCPA if the harvest is habitat condition in the area to be not reduce, to less than 40 percent, the conducted in accordance with a Natural covered by the proposed plan, if known; amount of nesting, roosting and foraging Communities Conservation Plan (Plan) the extent to which the plan will habitat within the median annual home for spotted owls prepared by the State contribute to or be consistent with the range of the affected owl. of California and approved by the owl conservation needs identified for (6) Sunset provision. The Service Service. The Service shall approve any the SEA affected by the plan; the extent shall periodically review and evaluate such Plan if it finds that the Plan is to which the incidental take of spotted the effectiveness of the conservation consistent with achieving the owls resulting from timber activities measures and program for the spotted conservation goals for the spotted owl in under the plan will be complementary owl for each SEA. If the review the affected CCPA, is complementary to with the goals of the Federal Forest Plan indicates that the conservation goals for the Federal Forest Plan and is consistent for the affected area; the extent to which an SEA have been effectively achieved, with the criteria of section 10(a)(2) of the land is adjacent to, or interspersed the Service shall propose regulations to the Endangered Species Act (16 USC within, Federal Matrix or Adaptive modify or withdraw the incidental take 1539(a)(2)). 9512 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules (iv) Safe Harbor Authorization. Any and social approaches to achieving Washington Cascades province, and the person may take northern spotted owls specific ecological, economic, and other Washington Olympic Peninsula incidental to timber harvest activity social objectives. province, suitable habitat consists, as a within a potential CCPA if the harvest (iii) Congressionally reserved area general matter, of coniferous or mixed does not destroy or degrade the 70 acres means lands with Congressional coniferous/hardwood forests with of nesting, roosting and foraging habitat designations that preclude timber multiple canopy layers; multiple large closest to an owl site center, and does harvest, as well as other Federal lands overstory conifers greater than 20 inches not reduce, to less than 40 percent, the not administered by the Forest Service dbh, and total canopy closure among amount of nesting, roosting and foraging or Bureau of Land Management, dominant, co-dominant and understory habitat within the median annual home including National Parks and species of greater than 60 percent; range of the affected owl. Monuments, Wild and Scenic Rivers, (C) In the Eastern Washington (v) Sunset provision. The Service shall National Wildlife Refuges, and military Cascades province, suitable habitat periodically review and evaluate the reservations. consists, as a general matter, of effectiveness of the conservation (iv) Federal Forest Plan means the coniferous forests with stands that measures and program for the spotted Federal forest management strategies, contain greater than 20 percent fir owl established for each CCPA. If the standards and guidelines adopted in the (Douglas fir, Grand fir) and/or hemlock review indicates that the conservation April 13, 1994, Record of Decision for trees; multiple canopy layers of multiple goals for a CCPA have been effectively the Final Supplemental Environmental large overstory conifers greater than 12 achieved, the Service shall propose Impact Statement for 19 National inches dbh; and total canopy closure regulations to modify or withdraw the Forests and 7 Bureau of Land among dominant, co-dominant and incidental take prohibitions of this Management Districts located within the understory species of greater than 50 paragraph, as appropriate, with respect range of the northern spotted owl. percent. to such CCPA. (v) Federal Matrix Land means those (ix) Northern spotted owl, spotted (ii) Unlawfully taken owls. No person Federal lands generally available for owl, or owl means any northern spotted shall possess, sell, deliver, carry, programmed timber harvest which are owl (Strix occidentalis caurina), alive or transport, or ship, any northern spotted outside of the Congressionally reserved dead, and any part, egg, nest, or product owl taken in violation of paragraph and Administratively withdrawn areas, thereof. (c)(1)(i) of this section: Provided, that Federal reserves and Adaptive (x) Person has the meaning provided Federal and State law enforcement Management Areas as delineated in the in 16 USC 1532(13). officers may possess, deliver, carry, Standards and Guidelines adopted in (xi) Potential California Conservation transport or ship any endangered the April 13, 1994, Record of Decision. Planning Area (CCPA) means any of the wildlife taken in violation of the Act as (vi) Federal Reserve means those following four areas in the State of necessary in performing their official Federal lands delineated in the April 13, California (Figure 1 to § 17.41(c)): duties. 1994, Record of Decision on which (A) California Coastal Area (iii) Commercial transportation. No programmed timber harvest is not (Humboldt Meridian and Baseline) person shall deliver, receive, carry, allowed and is otherwise severely (Figure 2 to § 17.41(c)) Beginning at the transport, or ship in interstate or foreign limited. There are two types of reserves: intersection of the California-Oregon commerce in the course of a commercial late-successional reserves, which are State Line and the shoreline of the activity any northern spotted owl. designed to produce contiguous blocks Pacific Ocean, then east along the (iv) Sales. No person shall sell or offer of older forest stands; and riparian California-Oregon State Line, then south for sale in interstate or foreign reserves, which consist of protected along the east border of S33 T19NR01E, commerce any northern spotted owl. strips along the banks of rivers, streams, S04 T18NR01E, S09 T18NR01E, S16 (v) Importation or exportation. No lakes, and wetlands that act as a buffer T18NR01E, S21 T18NR01E, S28 person shall import into the United between these water bodies and areas T18NR01E, S33 T18NR01E, then west States, or export from the United States, where timber harvesting is allowed. along the south border of S33 any northern spotted owl. (vii) Home range means the area a T18NR01E, then south along the east (2) Permits. In accordance with the spotted owl traverses in the course of border of S05 T17NR01E, S06 provisions of § 17.32 of this Part, normal activities in fulfilling its T17NR01E, then east along the north permits are available to authorize biological needs during the course of its border of S16 T17NR01E, then south otherwise prohibited activities life span. along the east border of S16 T17NR01E, involving the northern spotted owl in (viii) Nesting, roosting and foraging S21 T17NR01E, S28 T17NR01E, S33 Washington and California. habitat or suitable habitat means those T17NR01E, and S04 T16NR01E, then (3) Definitions. As used in this areas with the following vegetative east along the north border of S10 paragraph (c): structure and composition necessary to T16NR01E, then south along the east (i) Administratively withdrawn area assure successful nesting, roosting, and border of S10 T16NR01E, S15 means lands that are excluded from foraging activities for a territorial single T16NR01E, then east along the north planned or programmed timber harvest or breeding pair of spotted owls: border of S23 T16NR01E, then south under agency planning documents or (A) In the California provinces, along the east border of S23 T16NR01E the preferred alternative for draft agency suitable habitat consists, as a general and S26 T16NR01E, then east along the planning documents. matter, of coniferous or mixed north border of S36 T16NR01E, then (ii) Adaptive management area means coniferous/hardwood forests with south along the east border of S36 the 10 landscape units that were multiple canopy layers; multiple T16NR01E, then east along the north adopted in the April 13, 1994 Record of overstory conifers greater than 16 inches border of S06 T15NR02E, then south Decision for Amendments to U.S. Forest in diameter at breast height (dbh); and along the east border of S06 T15NR02E, Service and Bureau of Land total canopy closure among dominant, S07 T15NR02E, S18 T15NR02E, then Management Planning Documents co-dominant, and understory trees of east along the north border of S20 within the Range of the Northern greater than 60 percent; T15NR02E, S21 T15NR02E, S22 Spotted Owl (USDA/USDI 1994) for (B) In the Western Washington T15NR02E, S23 T15NR02E, then north development and testing of technical Lowlands province, the Western along the west border of S13 T15NR02E, Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9513 S12 T15NR02E, then east along the then east along the north border of S29 T24NR11W, then east along the north north border of S12 T15NR02E, S07 T01NR07E, then south along the east border of S04 T23NR11W, then south T15NR03E, S08 T15NR03E, then south border of S29 T01NR07E, S32 along the east border of S04 T23NR11W, along the east border of S08 T15NR03E, T01NR07E, then west along the south S09 T23NR11W, S16 T23NR11W, then S17 T15NR03E, then west along the border of T01NR07E, then south along east along the north border of S22 south border of S17 T15NR03E, then the east border of T01SR06E, then west T23NR11W, S23 T23NR11W, S24 south along the east border of S19 along the south border of S24 T23NR11W, S19 T23NR10W, then south T15NR03E, S30 T15NR03E, S31 T01SR06E, S23 T01SR06E, S22 along the east border of S19 T23NR10W, T15NR03E, then west along the south T01SR06E, S21 T01SR06E, S20 S30 T23NR10W, S31 T23NR10W, then border of S31 T15NR03E, then south T01SR06E, S19 T01SR06E, S24 east along California State Highway 162, along the east border of T14NR02E, T01SR05E, S23 T01SR05E, then south then south along the eastern border of T13NR02, and T12NR02E, then east along the east border of S27 T01SR05E, the East Cascades Province, then north along the north border of T12NR03E, S34 T01SR05E, then east along the along the shoreline of the Pacific Ocean, then south along the east border of north border of S02 T02SR05E, then then east along Salmon Creek, then T12NR03E and T11NR03E, then east south along the east border of S02 south along California Highway 1, then along the north border of S06 T02SR05E, S11 T02SR05E, S14 east along Bodega Highway and T10NR04E, then south along the east T02SR05E, then east along the north Sebastopol Road, then north along U.S. border of S06 T10NR04E, S07 border of S24 T02SR05E, then south Highway 101, Bell Springs Road, and T10NR04E, S18 T10NR04E, S19 along the east border of T02SR05E, then Harris Road, then east along Alder Point T10NR04E, S30 T10NR04E, S31 east along the north border of S31 Road, Zenia Bluff Road, Alderpoint T10NR04E, S06 T09NR04E, S07 T02SR06E, then south along the east Bluff Road and Ruth Zenia Road to the T09NR04E, S18 T09NR04E, then border of S31 T02SR06E, then east along point of beginning. (C) Wells Mountain-Bully Choop Area southwest along the north border of the the north border of S06 T03SR06E, S05 (Mt. Diablo Meridian and Baseline) Hoopa Valley Indian Reservation, then T03SR06E, S04 T03SR06E, S03 T03SR06E, S02 T03SR06E, S01 (Figure 3 to § 17.41(c)) southeast along the west border of the Beginning at the northwest corner of Hoopa Valley Indian Reservation, then T03SR06E, then south along the east border of T03SR06E, then west along S04 T34NR11W, then east along the south along the east border of S17 north border of T34NR11W, then south T07NR04E, S20 T07NR04E, S29 Ruth Zenia Road, Alderpoint Bluff Road, Zenia Bluff Road, Alder Point along the east border of S03 T34NR11W T07NR04E, S32 T07NR04E, S05 and S10 T34NR11W, then east along the T06NR04E, S08 T06NR04E, S17 Road, then south along Harris Road, Bell Springs Road, and U.S. Highway 101, north border of S14 T34NR11W, S13 T06NR04E, S20 T06NR04E, S29 T34NR11W, S18 T34NR10W, then north then west along Sebatopol Road, Bodega T06NR04E, S32 T06NR04E, then east along the east border of S08 T34NR10W, Highway, and California Highway 1, along the north border of S04 then east along the north border of S08 then north along California Highway 1, T05NR04E, then south along the east T34NR10W, then south along the east then west along Salmon Creek, then border of S04 T05NR04E, then east border of S08 T34NR10W, S17 north along the shoreline of the Pacific along the north border of S10 T34NR10W, S20 T34NR10W, S29 Ocean to the point of beginning. T05NR04E, then south along the east T34NR10W, then east along the north border of S10 T05NR04E, S15 (B) Hardwood Region (Mt Diablo border of S33 T34NR10W, then south T05NR04E, S22 T05NR04E, then east Meridian and Baseline Except Where along the east border of S33 T34NR10W, along the north border of S26 Township Designation Is Followed by * then east along the north border of S03 T05NR04E, S25 T05NR04E, then south Which Indicates Humboldt Meridian T34NR10W, then north along the west along the east border of T05NR04E and and Baseline) (Figure 2 to § 17.41(c)) border of S35 T34NR10W, S26 T04NR04E, then east along the north Beginning at the Intersection of Ruth T34NR10W, S23 T34NR10W, then east border of S31 T04NR05E, then south Zenia Road and the east border of along the north border of S23 along the east border of S31 T04NR05E, T03SR06E*, then south along the east T34NR10W, then north along the west S06 T3NR05E, S07 T3NR05E, S18 border of T03SR06E*, then east along border of S13 T34NR10W, then east T3NR05E, then east along the north the north border of T04SR07E* and along the north border of S13 border of S20 T03NR05E, S21 T04SR08E*, then south along the east T34NR10W, S18 T34NR09W, S17 T03NR05E, then south along the east border of T04SR08E* and T05SR08E*,/ T34NR09W, and S16 T34NR09W, then border of S21 T3NR05E, S28 T3NR05E, ****Meridian Change/ then east along north along California Highway 3, then S33 T3NR05E, S04 T02NR05E, S09 the north border of T05SR08E* and east along the border of the T02NR05E, S16 T02NR05E, then east T25NR12W, then south along the east Whiskeytown-Shasta-Trinity National along the north border of S22 border of T25NR12W, then east along Recreation Area, then south along the T02NR05E, then south along the east the north border of S18 T25NR11W, S17 east border of S03 T34NR09W, then east border of S22 T02NR05E, then east T25NR11W, S16 T25NR11W, then south along the north border of S11 along the north border of S26 along the east border of S16 T25NR11W, T34NR09W, S12 T34NR09W, then south T02NR05E, S25 T02NR05E, then south S21 T25NR11W, then west along the along the east border of T34NR09W, along the east border of T02NR05E, then south border of S21 T25NR11W, S20 then east along the north border of S19 east along the north border of T25NR11W, then south along the east T34NR08W, S20 T34NR08W, then south T01NR06E, then south along the east border of S30 T25NR11W, then west along the east border of S20 T34NR08W, border of S03 T01NR06E, S10 along the south border of S30 S29 T34NR08W, S32 T34NR08W, then T01NR06E, S15 T01NR06E, S22 T25NR11W, then south along the east west along the south border of S32 T01NR06E, then east along the north border of T25NR12W, S01 T24NR12W, T34NR08W, then south along the east border of S26 T01NR06E, then south and S12 T24NR12W, then east and border of S06 T33NR08W, then east along the east border of S26 T01NR06E, south along the border of the Trinity along the north border of S08 then east along the north border of S36 National Forest, then east along the T33NR08W and S09 T33NR08W, then T01NR06e, S31 T01NR07E, then north north border of S32 T24NR11W, then north along the west border of S03 along the east border of S29 T01NR07E, south along the east border of S32 T33NR08W, then east along the north 9514 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules border of T33NR08W and T33NR07W, border of S18 T34NR08W and S07 (xii) Province or physiographic then south along Trinity Mountain T34NR08W, then east along the south province means a geographic area Road, then east along California border of S01 T34NR09W, S02 having a similar set of biological and Highway 299, then south along the east T34NR09W, then north along the west physical characteristics and processes border of S26 T32NR06W, S35 border of the S02 T34NR09W, then west due to effects of climate and geology T32NR06W, S02 T31NR06W, then west along the border of the Whiskeytown- which result in patterns of soils and along the south border of the southeast Shasta-Trinity National Recreation Area broad-scale plant communities. Habitat of S02 T31NR06W, then south along the then south along California Highway 3, patterns, wildlife distributions, and east border of the northwest of S11 then west along the south border of S09 historical land use patterns may differ T31NR06W, then west along the south T34NR09W, S08 T34NR09W, and S07 significantly from those of adjacent border of the northwest of S11 T34NR09W, then north along the west provinces. The seven northern spotted T31NR06W and northeast S10 of border of S07 T34NR09W, then east owl provinces in the States of T31NR06W, then south along Mule along the north border of S07 Washington and California are the Town Road, then west along the T34NR09W, then north along the west Olympic Peninsula Province, the boundary of the Klamath Province, then border of S05 T34NR09W, S32 Western Washington Lowlands Province, the Western and Eastern north along the west border of the T35NR09W, then west along the south northeast of S20 T30NR09W, then west Washington Cascades Provinces, and border of S30 T35NR09W, then north along the Shasta-Trinity County Line, the California Coastal, Klamath and along the west border of T35NR09W, then north along the west border of Cascades Provinces (Figure 4 to then east along the north border of S19 T30NR09W, then east along the south § 17.41(c)). border of T31NR09W and T31NR10W, T35NR09W, then north along the west (xiii) Record of Decision (ROD) means then south along the east border of S05 border of S17 T35NR09W, then east the April 13, 1994, Record of Decision T30NR10W, then east along the south along the north border of S17 for Amendments to Forest Service and border of S05 T30NR10W, then north T35NR09W, S16 T35NR09W, S15 Bureau of Land Management Planning along the west border of S05 T35NR09W, then north along the west Documents within the Range of the T30NR10W, then west along the south border of S11 T35NR09W, then east Northern Spotted Owl (USDA/USDI border of T31NR10W, then north along along the north border of S11 1994). the west border of T31NR10W and T35NR09W, then north along the west (xiv) Special Emphasis Area (SEA) T32NR10W, then east along California border of S01 T35NR09W, then east means any of the following six areas Highway 3, then west along California along the north border of T35NR09W (Figure 5 to § 17.41(c)) in the State of Highway 299, then north along the west and T35NR08W, then north along the Washington (references are in relation to border of S28 T34NR11W, S21 west border of S32 T36NR08W and S29 the Willamette Meridian and baseline): T34NR11W, S16 T34NR11W, S09 T36NR08W, then east along the north (A) Columbia River Gorge/White T34NR11W, S04 T34NR11W to the border of S29 T36NR08W, then north Salmon (Figure 6 to § 17.41(c)) point of beginning. along the west border of S21 (1) Columbia River Gorge Segment (D) California Cascades, (Mt Diablo T36NR08W, S16 T36NR08W, S09 (Figure 6 to § 17.41(c)) Beginning at the Meridian and Baseline) (Figure 3 to T36NR08W, S04 T36NR08W, then east northwest corner of T03NR05E, then § 17.41(c)) along the north border of T36NR08W, east along the north border of Beginning at the Intersection of then north along the west border of S34 T03NR05E, T03NR06E, T03NR07E, Interstate Highway 5 and the California- T37NR08W, S27 T37NR08W, and S22 T03NR07.5E, and T03NR08E, then south along the east border of Oregon State Line, then east along the T37NR08W, then west along the south T03NR08E, then west along the north California-Oregon State Line, then south border of S16 T37NR08W, S17 Shore of the Columbia River, then north along the Eastern Boundary of the T37NR08W, then north along the west California Cascades Province, then along the west border of T01NR05E, border of S17 T37NR08W and S08 T02NR05E, and T03NR05E to the Point north along Mule Town Road, then east T37NR08W, then east along the north along the north border of the southeast of Beginning. border of S08 T37NR08W, then north of S10 T31NR06W and southwest of S11 (2) White Salmon Segment (Figure 6 along the west border of S04 T31NR06W, then north along the west to § 17.41(c)) Beginning at the northwest T37NR08W, then east along the north border of the northeast of S11 corner of T06NR10E, then east Along T31NR06W, then east along the north border of T37NR08W, then north along the north border of T06NR10E, then border of the northeast of S11 the west border of S36 T38NR08W, then north along the west border of T31NR06W, then north along the west east along the north border of S36 T07NR11E, then east along the north border of S01 T31NR06W, S36 T38NR08W, then north along the west border of S19 T07NR11E, S20 T32NR06W, and S25 T32NR06W, then border of S30 T38NR07W, then west T07NR11E, S21 T07NR11E, then south west along California Highway 299, then along the south border of S24 along the east border of S21 T07NR11E, north along Trinity Mountain Road, T38NR08W, then north along the west S28 T07NR11E, then south along the then east along the south border of border of S24 T38NR08W and S13 west border of the Yakama Indian T34NR07W and T34NR08W, then south T38NR08W, then east along the north Reservation, then south along the east along the east border of S04 T33NR08W, border of S13 T38NR08W, then north border of T05NR11E, T04NR11E, then then west along the south border of S04 along the west border of S07 southwest along Rattle Snake Creek, T33NR08W and S05 T33NR08W, then T38NR07W, then east along the north then south along the east border of north along the west border of S05 border of S07 T38NR07W, S08 T04NR10E and T03NR10E, then west T33NR08W, then east along the north T38NR07W, S09 T38NR07W, then north along the north Shore of the Columbia border of S05 T33NR08W, then north along the west border of S03 River, then north along the west border along the west border of S33 T38NR07W, S34 T39NR07W, S27 of T03NR09E, then east along the north T34NR08W, S28 T34NR08W, S21 T39NR07W, S22 T39NR07W, and S15 border of T03NR09E, then north along T34NR08W, then west along the south T39NR07W, then west and north along the west border of T04NR10E, border of S17 T34NR08W, S18 California Highway 3 and Interstate T05NR10E, and T06NR10E to the point T34NR08W, then north along the west Highway 5 to the point of beginning. of beginning. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9515 (B) Siouxon Creek (Figure 7 to east border of S24 T12NR05E, then west the west border of T20NR09E, § 17.41(c)) Beginning at the intersection along the south border of S24, S23, S22, T21NR09E, and T22NR09E to the point of the south border of S16 T06NR04E S21, S20, and S19 T12NR05E, then of beginning. and the Cowlitz-Clark County line, then north along the west border of (E) Finney Block (Figure 10 to north and east along the Cowlitz-Clark T12NR05E, then northwest along U.S. § 17.41(c)) Beginning at the northwest County line, then south along the west Highway 12, then west along the Tilton corner of T36NR07E, then east along the border of S31 T07NR05E, then east River, then north along the west border north border of T36NR07E, T36NR08E along the north border of the SW of NW, of T13NR03E, T14NR03E, and and T36NR09E, then south along the SE of NW, and SW of NE S31 T15NR03E, to the point of beginning. east border of T36NR09E, then east T07NR05E, then north along the west (D) I–90 Corridor (Figure 9 to along the north border of T35NR10E and border of the NE of NE S31 T07NR05E, § 17.41(c)) Beginning at the northwest T35NR11E, then south along the east then east along the Lewis River, then corner of T22NR09E, then east along the border of T35NR11E, then west along south along the east border of S30 north border of T22NR09E and the south border of T35NR11E, then T07NR05E, then east along the north T22NR10E, then north along the west south along the east border of border of S32 T07NR05E, then north border of T22NR11E, then east along the T34NR10E, T33NR10E, T32NR10E, then along the west border of the SE of SW north border of T22NR11E, then north west along the south border of S29 T07NR05E, then east along the along the west border of T22NR12E, T32NR10E, T32NR09E, T32NR08E, and Lewis River, then south along the east then east along the north border of T32NR07E, then north along the west border of S34 T32NR07E, then west border of the SW of SE S29 T07NR05E, T22NR12E, T22NR13E, T22NR14E, along the south border of the southeast then east along the north border of S32 T22NR15E, T22NR16E, and T22NR17E, of the northeast quarter of S34 T07NR05E, then north along the west then north along the west border of S34 T32NR07E, then north along the west border of S28 T07NR05E, then east T23NR17E, S27 T23NR17E, S22 border of the southeast of the northeast along the north border of S28 T23NR17E, S15 T23NR17E, S10 quarter of S34 T32NR07E, then west T07NR05E, then south along the east T23NR17E, S03 T23NR17E, then east along the south border of the northwest border of the NE of NE S28 T07NR05E, along the north border of S03 of the northeast quarter of S34 then west along the south border of the T23NR17E, then north along the west T32NR07E, northeast quarter of the NE of NE S28 T07NR05E, then south border of S34 T24NR17E, S27 along the east border of the SW of NE northwest quarter of S34 T32NR07E, T24NR17E, and S22 TNR17E, then east northwest quarter of the northwest S28 T07NR05E, then east along the along the north border of S22 north border of the NE of SE S28 quarter of S34 T32NR07E, and northeast T24NR17E, S23 T24NR17E, S24 quarter of the northeast quarter of S32 T07NR05E, then south along the east T24NR17E, S19 T24NR18E, S20 border S28 T07NR05E, then east along T32NR07E, then north along the west T24NR18E, S21 T24NR18E, then south border of the northwest quarter of the the channel of Swift Reservoir and the along the east border of S21 T24NR18E, Lewis River, then south and west along northwest quarter of S32 T32NR07E, S28 T24NR18E, S33 T24NR18E, then then west along south border of S29 the Gifford Pinchot National Forest west along the south border of S33 boundary, then south along the Clark- T32NR07E, S30 T32NR07E, then south T24NR18E, then south along the east along the east border of the northwest of Skamania County line, then west along border of S04 T23NR18E, S09 Canyon Creek, then north along the west the northeast quarter, the southwest of T23NR18E, S16 T23NR18E, S21 the northeast quarter, the northwest of border of S03 T05NR04E and S34 T23NR18E, S8 T23NR18E, S33 the southeast quarter, and the southwest T06NR04E, then west along the south T23NR18E, then east along the north of the southeast quarter of S31 of border of NE of SE, NW of SE, and NE border of S04 T22NR18E, then south T32NR07E, then west along the south of SW S33 to 6NR04E, then north along along the east border of S04 T22NR18E, border of T32NR07E, then north along the west border of the NE of SW S33 S09 T22NR18E, S16 T22NR18E, S21 the west border of T32NR07E, T06NR04E, then east along the north T22NR18E, S28 T22NR18E, S33 T33NR07E, T34NR07E, T35NR07E, and border of the NE of SW S33 T06NR04E, T22NR18E, then west along the south T36NR07E to the point of beginning. then north along the west border of the border of T22NR18E, T2NR17E, then (F) Hoh/Clearwater (Olympic NE S33 T06NR04E and SE S28 south along the east border of Peninsula) (Figure 11 to § 17.41(c)) (1) T06NR04E, then east along the north T21NR16E, then west along the south Hoh/Clearwater—North. border of the SE of S28 T06NR04E, then border of T21NR16E, then south along Beginning at the Intersection of the north along the west border of the SE of the east border of T20NR16E, then west Olympic National Park Boundary, and NE and NE of NE S28 T06NR04E, then along the south border of S13 the north border of T30NR15W, then east along the north border of S28 T20NR16E, S14 T20NR16E, S15 east along the north border of T06NR04E, then north along the west T20NR16E, S16 T20NR16E, S17 T30NR15W, T30NR14W, T30NR13W, border S22 T06NR04E, then west along T20NR16E, S18 T20NR16E, then south then south along the Olympic National the south border of S16 T06NR04E to along the east border of T20NR15E, Forest Boundary, then east along the the point of beginning. T19NR15E, then east along the north north border of the southwest quarter of (C) Mineral Block (Figure 8 to border of T18NR15E, then south along the southwest quarter of S23 § 17.41(c)) Beginning at the northwest the east border of T18NR15E, T29NR13W, then south along the east corner of T15NR03E, then east along the T17NR15E, then west along the south border of the southwest quarter of the north border of T15NR03E, T15NR04E, border of T17NR15E, then north along southwest quarter of S23 T29NR13W, T15NR05E and T15NR06E, then south the west border of T17NR15E, then west along the south border of the along the east border of T15NR06E and T18NR15E, then west along the south southwest quarter of the southwest T14NR06E, then west along the south border of T19NR15E, T19NR14E, quarter of S23 T29NR13W, then south border of T14NR06E, then south along T19NR13E, T19NR12E, T19NR11E, along the east border S27 T29NR13W, the east border of T13NR06E and T19NR10E, T19NR09E, T19NR08E, then then east along the north border of the T12NR06E, then west along the south north along the west border of southwest quarter of the southwest border of S24, S23, S23, S21, S20, and T19NR08E, then east along the north quarter of S26 T29NR13W, the southeast S19 T12NR06E, then south along the border of T19NR08E, then north along quarter of the southwest quarter of S26 9516 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules T29NR13W, and the southwest quarter along the Olympic National Park 0022. This information is being of the southeast quarter of S26 Boundary to the point of beginning. collected to provide information T29NR13W, then south along the east (2) Hoh/Clearwater—South. necessary to evaluate permit border of the southwest quarter of the Beginning at the Intersection of U.S. applications and make decisions, southeast quarter of S26 T29NR13W, Highway 101 and the Queets River Road according to criteria established in then east along the north border of S35 in S34 T24N R12W, then north along various Federal wildlife and plant T29NR13W, then south along the east the Queets River Road, then south along conservation statutes and regulations, border of S35 T29NR13W, then east the east border of S34 T24NR12W, then on the issuance or denial of permits. along the north border of the southwest east along the Olympic National Forest Response is required to obtain or retain quarter of the northwest quarter of S36 boundary, then south along the east a permit. Public burden for this T29NR13W, the southeast quarter of the border of T24NR11W and S01 collection of information is estimated to northwest quarter of S36 T29NR13W, T23NR11W, then east and south along vary from 15 minutes to 4 hours per response, with an average of 1.028 hours the southwest quarter of the northeast the border of the Quinalt Indian per response, including the time for quarter of S36 T29NR13W, and the Reservation, then west along U.S. Highway 101 to the point of beginning. reviewing instructions, searching southeast quarter of the northeast existing data sources, gathering and quarter of S36 T29NR13W, then south (xv) Site center means the actual nest tree of a pair of spotted owls or the maintaining the data needed, and along the east border of T29NR13W and primary roost for a non-nesting pair or completing and reviewing the collection T28NR13W, then east along the north territorial single. of information. Send comments border of T27NR12W, then south along (xvi) Timber harvest activity or regarding this burden or any other the Olympic National Park Boundary, harvest means any activity which aspect of this collection of information, then west along the south border of S20 results in the harvest or felling of trees including suggestions for reducing the T25NR10W and S19 T25NR10W, then comprising the suitable habitat of a burden, to the Service Information south along the east border of S25 northern spotted owl. Collection Clearance Office, MS–224 T25NR11W and S36 T25NR11W, then (4) Information Collection. The ARLSQ, Fish and Wildlife Service, east along the north border of collection of information requirements Washington, DC 20240 and the Office of T24NR11W, then south and west along contained in § 17.41(c) have been Management and Budget, Paperwork the Olympic National Park Boundary, approved by the Office of Management Reduction Project (1018–0022), then west along the north border of the and Budget under 44 U.S.C. 3501 et seq. Washington, DC 20503. Quinalt Indian Reservation, then north and assigned clearance number 1018– BILLING CODE 4310±55±P Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9517 9518 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9519 9520 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9521 9522 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9523 9524 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9525 9526 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9527 Dated: February 13, 1995. George T. Frampton, Jr., Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 95–3922 Filed 2–16–95; 8:45 am] BILLING CODE 4310±55±C 9528 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules federal register February 17,1995 Friday Rule Guaranteed MulticlassSecurities;Final 24 CFRParts390and395 Association Government NationalMortgage Development Housing andUrban Department of Part IV 9529 9530 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations DEPARTMENT OF HOUSING AND Under section 306(g)(3)(E)(ii), GNMA subdivisions), or on the distribution of URBAN DEVELOPMENT is required to publish a final rule not power and responsibilities among the later than 12 months after publication of various levels of government. This rule Government National Mortgage the initial notice, which is May 26, only affects participants and investors Association 1995. GNMA has developed the in the GNMA guaranteed single and multiclass securities program, and is multiclass securities industry. States 24 CFR Parts 390 and 395 now ready to publish the final rule. and their political subdivisions would [Docket No. R±95±1698; FR±3554±F±01] II. Program Revisions for Final Rule not be affected. Government National Mortgage The Department has decided to make D. Impact on the Family Association Guaranteed Multiclass one program revision in this rule to the Securities provisions of the September 30 Notice. The General Counsel, as the For structured securities, GNMA has Designated Official under Executive AGENCY: Government National Mortgage decided to require applications from Order 12606, the Family, has Association, HUD. Sponsors and Co-sponsors, but not from determined that this rule does not have ACTION: Final rule. other participants. potential significant impact on family The Sponsor selects the other formation, maintenance, and general SUMMARY: This final rule codifies the participants (trust counsel, accounting well-being because it only affects provisions of two Notices published in firms). The Sponsor selects a trustee participants and investors in GNMA the Federal Register on May 26, 1994 from institutions approved by GNMA. guaranteed single and multiclass and September 30, 1994, as authorized However, the participants selected by securities. by Congress. Both Notices provided for the Sponsor must comply with GNMA a comment period. The September 30 E. Impact on Small Entities program requirements, such as those Notice responded to comments on the described in §§ 395.15 and 395.20. May 26 Notice. This rule provides The Secretary, in accordance with the guidance to entities wishing to III. Comments and Responses Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this final rule participate in the GNMA guaranteed No comments were received on the before publication and by approving it multiclass securities program and September 30 Notice. describes certain other aspects of the certifies that this rule will not have a program. IV. Findings and Certifications significant impact on a substantial number of small entities. EFFECTIVE DATE: March 20, 1995. A. Environmental Review FOR FURTHER INFORMATION CONTACT: Guy A Finding of No Significant Impact F. Regulatory Agenda S. Wilson, Vice President, Government with respect to the environment was This rule was listed as item number National Mortgage Association, Room made when the May 26 Notice was 1858 under GNMA in the Department’s 6151, 451 Seventh Street SW., published, in accordance with HUD Semiannual Regulatory Agenda Washington, DC 20410–9000, telephone regulations at 24 CFR Part 50 that published on November 14, 1994 (59 FR (202) 401–8970. Hearing or speech- implement section 102(2)(C) of the impaired individuals may call HUD’s National Environmental Policy Act of 57632, 57666), under Executive Order TDD number (202) 708–3649. (These 1969, 42 U.S.C. 4332. The changes made 12866 and the Regulatory Flexibility telephone numbers are not toll-free.) in the September 30 Notice and in this Act. Copies of this rule will be made final rule do not affect the validity of available on tape or large print for those G. Catalog that Finding. The Finding of No with impaired vision that request them. Significant Impact is available for public There is no catalog of Federal They may be obtained at the above inspection and copying during regular Domestic Assistance number for the address. business hours in the Office of the Rules program affected by this rule. SUPPLEMENTARY INFORMATION: Docket Clerk, Room 10276, 451 Seventh List of Subjects I. Background Street, SW., Washington, DC 20410– 0500. 24 CFR Part 390 Section 3004 of the Omnibus Budget Reconciliation Act of 1993 provides for B. Regulatory Review Mortgages, Securities. initial implementation of the The material in this rule has been Government National Mortgage reviewed by OMB under Executive 24 CFR Part 395 Association (the ‘‘Association’’ or Order 12866 as a significant regulatory Mortgages, Securities. ‘‘GNMA’’) guaranteed multiclass action. Any changes made as a result of securities program by a Notice that review are clearly identified in the Accordingly and under the authority published in the Federal Register, docket file for this rule, which is of 42 U.S.C. 3535(d), Chapter III, effective upon publication, by adding available for public inspection in the Government National Mortgage section 306(g)(3)(E)(ii) to the National Office of HUD’s Rules Docket Clerk, Association, of Title 24 of the Code of Housing Act (12 U.S.C. Room 10276, 451 Seventh Street, SW, Federal Regulations, is amended as 1721(g)(3)(E)(ii)). The implementation Washington, DC 20410–0500. follows: Notice for the initial stage of this C. Federalism Impact 1. A new subchapter D is added to program, which provided for chapter III as set forth below. participation by a limited number of The General Counsel, as the entities, was published on May 26, 1994 Designated Official under section 6(a) of 2. In Chapter III, part 390 is (59 FR 27290) (‘‘May 26 Notice’’). A Executive Order 12612, Federalism, has transferred from subchapter C to the supplemental Notice was published on determined that this rule does not have newly established subchapter D. September 30, 1994 (59 FR 50148) ‘‘federalism implications’’ because it 3. A new part 395, consisting of (‘‘September 30 Notice’’) to implement does not have substantial direct effects §§ 395.1 through 395.60, is added to the full participation stage. on the States (including their political subchapter D to read as follows: Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations 9531 SUBCHAPTER DÐGUARANTEE OF GNMA electronic bulletin board. An GNMA that it has complied with, and MORTGAGE-BACKED AND MULTICLASS information distribution system that it agrees to comply with, the GNMA SECURITIES established by GNMA for the Multiclass Multiclass Securities Guide in effect as Securities program. of the date that GNMA’s guaranty is PART 395ÐMULTICLASS SECURITIES GNMA MBS certificates. The GNMA placed on the securities. Sec. guaranteed mortgage-backed securities (c) Material changes in status. A 395.1 Scope of part. issued under part 390. participant must report, as required in 395.5 Definitions. Government mortgages. Mortgages the GNMA Multiclass Securities Guide, 395.10 Eligible collateral. that are eligible under section 306(g) (12 material adverse changes in status 395.15 Participation requirements. U.S.C. 1721(g)) for inclusion in GNMA including voluntary and non-voluntary 395.20 Eligible participants. mortgage-backed securities pools. terminations, defaults, fines and 395.25 Fees. Participant. For structured securities, findings of material non-conformance 395.30 GNMA guaranty. the sponsor, co-sponsor, trustee, trust 395.35 Investors. with rules and policies of state and 395.40 Consultation. counsel, accounting firm, and their federal agencies and federal government 395.45 Limitation on GNMA liability. contractors. For consolidated securities, sponsored enterprises. 395.50 Administration of multiclass the depositor. Other entities may be (d) Integrity. The participant must securities. designated as participants in the GNMA conduct its business operations in 395.55 Basis for removal from participation. Multiclass Securities Guide. accordance with industry practices, 395.60 Removal procedure. Sponsor. With respect to structured ethics and standards, and maintain its Authority: 12 U.S.C. 1721(g) and 1723a(a); securities, the entity that establishes the books and records in an appropriate and 42 U.S.C. 3535(d). required trust by executing the trust manner, as determined by the agreement and depositing the eligible § 395.1 Scope of part. Association. collateral in the trust in exchange for the The Government National Mortgage structured securities. § 395.20 Eligible participants. Association is authorized by section Structured securities. Securities of a In addition to requirements set forth 306(g) of the National Housing Act, series at least one class of which in this part, a participant must meet the upon such terms and conditions as it provides for payments of principal or following requirements. may deem appropriate, to guarantee the interest disproportionately from (a) Structured securities—(1) timely payment of principal of and payments on the underlying eligible Description. GNMA guarantees the interest on securities that are based on collateral. payment of principal and interest on and backed by a trust or pool composed structured securities issued by trusts of mortgages that are eligible under § 395.10 Eligible collateral. organized by sponsors in accordance section 306(g). The Association’s GNMA, in its discretion, shall with procedures established and guaranty of mortgage-backed securities determine what collateral is eligible for approved by GNMA. The structured is backed by the full faith and credit of inclusion in the Multiclass Securities securities are backed by eligible the United States. This part is limited to program. Eligible collateral may include collateral, as described in this part, held multiclass securities. It does not purport GNMA MBS certificates, government by the trustee. to set forth all the procedures and mortgages, consolidated securities, and (2) Eligibility requirements for requirements that apply to the issuance other securities approved by GNMA. participants—(i) Sponsors. A sponsor and guaranty of such securities. All Categories of these GNMA MBS must: such transactions are governed by the certificates, government mortgages, (A) Apply and be approved; specific terms and provisions of the consolidated securities, and other (B) Demonstrate to the satisfaction of contracts entered into by the parties and securities as approved by GNMA the Association its capacity to by the GNMA Multiclass Securities become eligible collateral when they are accumulate the eligible collateral, as Guide. Further information and copies published as eligible collateral in the described in this part, needed for a of the Guide may be obtained from the GNMA Multiclass Securities Guide or proposed structured securities issuance; Government National Mortgage on the GNMA electronic bulletin board. (C) Be in good standing with and Association, 451 Seventh Street, S.W., Eligibility of collateral previously either have been responsible for at least Washington, D.C. 20410. designated as eligible may be one structured securities transaction withdrawn by publication in the GNMA with the Federal National Mortgage § 395.5 Definitions. Multiclass Securities Guide or on the Association or the Federal Home Loan As used in this part, the following GNMA electronic bulletin board. Mortgage Corporation, or have terms shall have the meanings Eligible collateral may differ for various demonstrated to GNMA’s satisfaction its indicated. GNMA guaranteed multiclass securities. capability to act as sponsor of GNMA Association. The Government guaranteed structured securities; National Mortgage Association. § 395.15 Participation requirements. (D) Have the minimum required Consolidated securities. A series of To participate in the GNMA amount, as set forth in the Multiclass multiclass securities each class of which Multiclass Securities program, a Securities Guide, in shareholders’ provides for payments proportionate participant must meet the following equity or partners’ capital, evidenced by with payments on the underlying criteria: the sponsor’s audited financial eligible collateral. (a) Certification. A participant must statements, which must have been Depositor. The entity that deposits, or submit such certifications and other issued within the preceding 12-month executes an agreement to deposit, as documents as are required by the period; contained in the GNMA Multiclass GNMA Multiclass Securities Guide. (E) Represent the structural integrity Securities Guide, eligible collateral into (b) Compliance with GNMA of the issuance under all cash flow a trust in exchange for consolidated Multiclass Securities Guide. By scenarios and demonstrate to GNMA’s securities. completing a multiclass securities satisfaction its ability to indemnify GNMA. Government National transaction, a participant is deemed to GNMA for a breach of this Mortgage Association. have represented and warranted to representation; 9532 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations (F) Comply with GNMA’s policies GNMA electronic bulletin board, may § 395.55 Basis for removal from regarding participation by minority and/ impose fees for application, guaranty, participation. or women-owned businesses and take transfer, change from book entry to A participant may be removed from appropriate measures to assure certificated form, or other related fees. the Multiclass Securities program if compliance by the other participants as Fees may vary, at GNMA’s discretion, GNMA, in its discretion, determines specified in the GNMA Multiclass depending upon, but not limited to, that any of the following exists or has Securities Guide; and such factors as size, collateral occurred: (G) Provide GNMA with the opinions characteristics, expense or risk of the (a) The participant, at any time, fails of trust counsel and accounting firms guaranty transaction undertaken. to meet any condition for eligibility; which are acceptable to GNMA and on (b) The participant fails to comply which GNMA may rely. § 395.30 GNMA guaranty. with any provision of the GNMA (ii) Co-sponsors. A Co-sponsor must The Association guarantees the timely Multiclass Securities Guide or this part; submit an application and a payment of principal and interest as certification, as set forth in the GNMA provided by the terms of the multiclass (c) The participant is unable or fails Multiclass Securities Guide, as to its security. The Association’s guaranty is to truthfully, correctly or fully submit status as a minority and/or women- backed by the full faith and credit of the such certifications as are required; and owned business. United States. (d) Such further reasons as GNMA determines necessary to protect the (iii) Trustees. A trustee is selected by § 395.35 Investors. the Sponsor from institutions approved safety and soundness of the Multiclass GNMA guaranteed multiclass by GNMA using such procedures as Securities program, as set out in the securities may not be suitable GNMA deems appropriate. GNMA Multiclass Securities Guide. investments for all investors. No (b) Consolidated securities—(1) § 395.60 Removal procedure. Description. A depositor delivers, or investor should purchase securities of executes an agreement to deliver, any class unless the investor (a) A participant may be suspended eligible collateral to a trust in exchange understands, and is able to bear, the from participation in the Multiclass for a single GNMA guaranteed prepayment, yield, liquidity and market Securities program upon written notice multiclass security, as set forth in the risks associated with the class. The from GNMA, which shall include the GNMA Multiclass Securities Guide. Association assumes no obligation or reasons for the suspension. The (2) Eligibility requirements for liability to any person with regard to participant shall have the opportunity to participant. A Depositor must certify determining the suitability of such submit a written presentation to the that: securities for such investor. President of GNMA, or designee, in (i) It is an ‘‘accredited investor’’ § 395.40 Consultation. support of its reinstatement, subject to within the meaning of 17 CFR such limitations as GNMA in its The Association may consult with discretion may impose as to length, time 230.501(a)(1), (a)(3) or (a)(7); persons or entities in such manner as (ii) It has authority to deliver, and will for submission, or otherwise. A the Association deems appropriate to determination by the President of deliver, the collateral to the trustee and ensure the efficient commencement and that the collateral is free and clear of all GNMA, or designee, shall exhaust the operation of the Multiclass Securities participant’s administrative remedies. liens and encumbrances; and program. (iii) The information set forth by the (b) If a participant is suspended from depositor regarding the eligible § 395.45 Limitation on GNMA liability. the Multiclass Securities program, collateral is true and correct. Except for its guaranty, the GNMA shall have no obligation to (c) Other types of GNMA guaranteed Association undertakes no obligation complete a pending transaction multiclass securities. GNMA will set and assumes no liability to any person involving the participant. forth the requirements for the guaranty with regard to or on account of the (c) After a participant has been by GNMA of other types of multiclass existence or operation of this part or the removed from the Multiclass Securities securities, and the eligibility conduct of any participants in the program, the participant may request requirements for the appropriate Multiclass Securities program. reinstatement. Approval of the participants, in the GNMA Multiclass reinstatement is at the sole discretion of Securities Guide or on the GNMA § 395.50 Administration of multiclass the Association. electronic bulletin board. securities. The GNMA guaranteed multiclass Dated: January 19, 1995. § 395.25 Fees. securities will be administered in Dwight P. Robinson, The Association, in its discretion, accordance with GNMA requirements President. through publication in the GNMA described in the GNMA Multiclass [FR Doc. 95–3853 Filed 2–16–95; 8:45 am] Multiclass Securities Guide or on the Securities Guide. BILLING CODE 4210±01±P federal register February 17,1995 Friday Care HomelessAssistance;Notice Funding AvailabilityforContinuumof Community PlanningandDevelopment Office oftheAssistantSecretaryfor Development Housing andUrban Department of Part V 9533 9534 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices DEPARTMENT OF HOUSING AND Development at the above address. Two available under this NOFA for the URBAN DEVELOPMENT copies of the application must also be Section 8 Moderate Rehabilitation sent to the HUD Field Office serving the Program for Single Room Occupancy Office of the Assistant Secretary for area in which the applicant’s project is Dwellings for Homeless Individuals are Community Planning and located. A list of Field Offices appears subject to the requirements of the Development in the appendix of this NOFA. Field amended regulations. Office copies must be received by the [Docket No. N±95±3877; FR±3873±N±01] (b) Funding Availability application deadline as well, but a Notice of Funding Availability for determination that an application was Approximately $900 million is Continuum of Care Homeless received on time will be made solely on available under this NOFA. This Assistance; Supportive Housing receipt of the application at HUD consists of approximate amounts of Program (SHP); Shelter Plus Care Headquarters in Washington. $600 million for Supportive Housing, (S+C); Sec. 8 Moderate Rehabilitation FOR FURTHER INFORMATION: Please $150 million for Shelter Plus Care, and Single Room Occupancy Program for contact the HUD Field Office for the $150 million for SRO. All of the funds Homeless Individuals (SRO) area in which the project is located for available under this NOFA were additional information. Telephone appropriated under the Departments of AGENCY: Office of the Assistant numbers are included in the list of Field Veterans Affairs and Housing and Urban Secretary for Community Planning and Offices set forth in the appendix of this Development, and Independent Development, HUD. NOFA. Agencies Appropriations Act, 1995 (Pub. L. 103–327, approved September ACTION: Notice of funding availability SUPPLEMENTARY INFORMATION: (NOFA). 28, 1994). Any unobligated funds from Paperwork Reduction Act Statement previous competitions or additional SUMMARY: This Notice announces the The information collection funds that may become available as a availability of approximately $900 requirements contained in this notice result of deobligations or recaptures million for applications for assistance have been approved by the Office of from previous awards may also be used designed to help communities develop Management and Budget (OMB) under to fund applications for the same continuum of care systems to assist the Paperwork Reduction Act of 1980, program submitted in response to this homeless persons. These funds are and assigned OMB approval numbers NOFA. HUD reserves the right to available under three programs to fill 2506–0131, 2506–0112, and 2506–0118. reallocate funds from one program to gaps within the context of developing another if an insufficient number of coordinated systems for combating I. Substantive Description approvable applications are received for homelessness. The three programs are: (a) Authority a program. HUD also reserves the right Supportive Housing; Shelter Plus Care; to fund less than the full amount and Section 8 Moderate Rehabilitation The Supportive Housing program is requested in any application. for Single Room Occupancy Dwellings authorized by title IV, subtitle C, of the (c) Purpose for Homeless Individuals. Funds will be Stewart B. McKinney Homeless awarded competitively. This notice of Assistance Act (McKinney Act), as The purpose of this NOFA is to fund funding availability (NOFA) contains amended, 42 USC 11381. Regulations projects and activities which will fill information concerning the continuum for this program are contained in 24 gaps within the context of developing of care approach, eligible applicants, CFR part 583, as amended by an interim continuum of care systems to assist eligible activities, application rule published in the Federal Register homeless persons. A continuum of care requirements, and application on May 10, 1994, and a final rule system consists of four basic processing. published in the Federal Register on components: July 19, 1994. Funds made available (1) A system of outreach and DEADLINE DATE: All applications are due under this NOFA for the Supportive assessment for determining the needs in HUD Headquarters on or before close Housing program are subject to the and conditions of an individual or of business on April 7, 1995. HUD will requirements of the amended family who is homeless, or whether treat as ineligible for consideration regulations. assistance is necessary to prevent an applications that are received after that The Shelter Plus Care program is individual from becoming homeless; deadline. Applications may not be sent authorized by title IV, subtitle F, of the (2) Emergency shelters with by facsimile (FAX). McKinney Act, as amended, 42 USC appropriate supportive services to help ADDRESSES: For a copy of application 11403. Regulations for this program are ensure that homeless individuals and packages, please contact a HUD Field contained in 24 CFR part 582, as families receive adequate emergency Office or call the American amended by an interim rule published shelter and referral to necessary service Communities information center at 1– in the Federal Register on May 10, providers or housing finders; 800–998–9999. Prior to close of business 1994. Funds made available under this (3) Transitional housing with on the deadline date completed NOFA for the Shelter Plus Care program appropriate supportive services to help applications will be accepted at the are subject to the requirements of the those homeless individuals and families following address: Processing and amended regulations. who are not prepared to make the Control Unit, Room 7255, Office of The Section 8 Moderate transition to permanent housing and Community Planning and Development, Rehabilitation Program for Single Room independent living; and Department of Housing and Urban Occupancy (SRO) Dwellings for (4) Permanent housing, or permanent Development, 451 Seventh Street, SW., Homeless Individuals is authorized by supportive housing, to help meet the Washington, DC 20410, Attention: section 441 of the McKinney Act, as long-term needs of homeless individuals Continuum of Care Funding. At close of amended, 42 USC 11401. Regulations and families. business on the deadline date for this program are contained in 24 While not all homeless individuals applications will be received at either CFR part 882, subpart H, as amended by and families in a community will need room 7255 or the South lobby of the an interim rule published in the Federal to access all four, unless all four Department of Housing and Urban Register on May 10, 1994. Funds made components are coordinated within a Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9535 community, none will be successful. A on organizations working together to: a variety of housing rental situations. strong homeless prevention strategy is create, maintain and build upon a This program requires a supportive also key to the success of the continuum community-wide inventory of current services match; all supportive service of care. services and housing for homeless activities count toward that match. The Developing a continuum of care families and individuals; identify the SRO program provides permanent system involves a community process full spectrum of needs of homeless housing for homeless individuals with for coordinating resources. The families and individuals; and coordinate incomes that do not exceed the low- community process should include efforts to obtain resources to fill gaps income standard of the Section 8 nonprofit organizations, State and local between the current inventory and housing program. The SRO program government agencies, other homeless needs. Applicants are advised to pay applicants receive rating points for the providers, housing developers and special attention to the ‘‘Coordination’’ extent to which supportive services are service providers, private foundations, selection criteria before beginning the provided. Providing permanent housing neighborhood groups, and homeless or process of developing an application. for homeless families is not available formerly homeless persons. (e) Use of NOFA Funds and Matching under the SRO program or the SRO (d) Coordinating Resources Funds to Fill Gaps component of the Shelter Plus Care The Department recognizes that Funds available under this NOFA and (S+C) program because an SRO unit is differing statutory requirements of the matching funds may be used in the designed for a single individual. three programs covered by this NOFA following ways to fill gaps within the Permanent housing for homeless are barriers to creating continuum of context of developing a continuum of families is only eligible under the other care systems that are truly responsive to care system: components of the S+C program and community needs. The Department is (1) Outreach/Assessment. The under the Supportive Housing program continuing to pursue legislative changes Supportive Housing program may if an adult member has a disability. necessary to provide localities and provide funding for outreach to (f) Targeting providers with the flexibility they need homeless persons and assessment of to create comprehensive systems that their needs. The Shelter Plus Care This NOFA is targeted to serving completely address the many program requires a supportive services persons who are sleeping in emergency dimensions of the problem in a match; outreach and assessment shelters (including hotels or motels used coordinated fashion. Meanwhile, under activities count toward that match. The as shelter for homeless families), other this NOFA, the Department will SRO program applicants receive rating facilities for homeless persons, or places continue to move in that direction by points for the extent to which not meant for human habitation, such as using its funding resources to help supportive services, including outreach cars, parks, sidewalks, or abandoned increase the level of coordination among and assessment, are provided. buildings. This includes persons who nonprofit organizations, government (2) Transitional housing and ordinarily live in such places but are in agencies and other entities that is necessary social services. The a hospital or other institution on a short- necessary to develop systematic Supportive Housing program may be term basis (short-term is considered to approaches for successfully addressing used to provide transitional housing be 30 consecutive days or less.) For the homelessness. with services, including both facility- Section 8 SRO program, individuals To further the purpose of this NOFA, based transitional housing and currently residing in units to be assisted heavy emphasis is placed upon scattered-site transitional services. The and who are eligible for assistance coordination in the application Supportive Housing program may also under Section 8 of the United States selection criteria. In preparing its be used to provide a safe haven, as Housing Act of 1937 may also be served application, the applicant should, to the described in section I.(g)(1) of this under this NOFA. maximum extent possible, coordinate its NOFA. efforts with other providers of services (3) Permanent housing or permanent (g) Program Summaries and housing to homeless persons, such supportive housing. The Supportive as nonprofit organizations, government Housing program may be used to The chart below summarizes key agencies, and housing developers, and provide permanent supportive housing aspects of the Supportive Housing consult with homeless or formerly for persons with disabilities, including Program, the Shelter Plus Care Program, homeless persons. both facility-based and scattered-site and the Section 8 Moderate Scoring high on the ‘‘Coordination’’ permanent supportive housing. The Rehabilitation Program for Single Room selection criteria will be important to Shelter Plus Care program may be used Occupancy Dwellings for Homeless the success of an application in this to provide permanent supportive Individuals. Descriptions are contained competition. High scores will depend housing for persons with disabilities in in the applicable program regulations. 9536 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Element Supportive housing Shelter plus care Section 8 SRO Authorizing Legislation ...... Subtitle C of Title IV of the Stew- Subtitle F of Title IV of the Stew- Section 441 of the Stewart B. art B. McKinney Homeless As- art B. McKinney Homeless As- McKinney Homeless Assistance sistance Act, as amended. sistance Act, as amended. Act, as amended. Implementing Regulations ...... 24 CFR part 583, as amended 24 CFR part 582, as amended 24 CFR part 882, subpart H, as May 10 and July 19, 1994. May 10, 1994. amended May 10, 1994. Eligible Applicant(s) ...... • States ...... • States ...... • PHAs • Units of general local govern- • Units of general local govern- • Private nonprofit organizations. ment. ment. • Public housing agencies (PHAs) • Tribes ...... • Tribes ...... • PHAs ...... • Private nonprofit organizations . • CMHCs that are public nonprofit organizations ...... Components ...... • Transitional housing ...... • Tenant-based ...... • SRO housing. • Permanent housing for disabled • Sponsor-based ...... persons. • Project-based ...... • Innovative supportive housing .. • SRO-based ...... • Supportive services not in con- junction with supportive housing. • Safe Havens ...... Eligible Activities ...... • Acquisition ...... • Rental assistance ...... • Rental Assistance. • Rehabilitation ...... • New construction ...... • Leasing ...... • Operating costs ...... • Supportive services ...... Eligible Populations ...... • Homeless persons ...... • Homeless disabled individuals .. • Homeless individuals • Homeless disabled individuals • Section 8 eligible current occu- and their families...... pants. Populations Given Special Con- • Homeless persons with disabil- • Homeless persons who: ...... • N/A sideration. ities. • are seriously mentally ill ...... • Homeless families with children. • have chronic problems with al- cohol and/or drugs. • have AIDS and related dis- eases...... Initial Term of Assistance ...... 3 years ...... 5 years: TRA, SRA, and PRA if 10 years. no rehab 10 years: SRO and PRA if rehab. (h) Special Program Provisions selected applications in a category to an individual can feel at ease, out of achieve its minimum percent, the danger, and subject to relatively few (1) Supportive Housing Program unused balance will be used for the next immediate service demands. Traditional Minimum percentages. highest-ranked approvable Supportive supportive housing settings often Approximately $600 million is available Housing application. assume a readiness by the clientele to for assistance under the Supportive Safe havens. As described in the accept a degree of structure and service Housing Program. In accordance with program summaries chart above, the participation that could overwhelm and section 429 of the McKinney Act, as Supportive Housing program includes defeat a person with mental illness who amended, HUD will allocate Supportive five different types of projects. Safe has come fresh from the street. Housing funds as follows: not less than haven projects are one type. As used in Safe havens are designed to provide 25 percent for projects that primarily this NOFA, a safe haven is a form of persons with serious mental illness who serve homeless families with children; supportive housing designed have been living on the streets with a not less than 25 percent for projects that specifically to provide a safe residence secure, non-threatening, non- primarily serve homeless persons with for homeless persons with serious institutional, supportive environment. disabilities; and not less than 10 percent mental illness who are currently These facilities can serve as a ‘‘portal of for supportive services not provided in residing primarily in public or private entry’’ to the service system and provide conjunction with supportive housing. places not designed for, or ordinarily access to basic services such as food, After applications are rated and ranked, used as, a regular sleeping clothing, bathing facilities, telephones, based on the criteria described below, accommodation for human beings, and storage space, and a mailing address. HUD will determine if the conditionally who have been unwilling or unable to Safe havens do not require selected projects achieve these participate in mental health or participation in services and referrals as minimum percentages. If not, HUD will substance abuse treatment programs or a condition of occupancy. Rather, it is skip higher-ranked applications in a to receive other supportive services. hoped that after a period of stabilization category for which the minimum For many persons with mental illness in a safe haven, residents will be more percent has been achieved in order to who have been living on the street, the willing to participate in services and achieve the minimum percent for transition to permanent housing is best referrals, and will eventually be ready to another category. If there are an made in stages, starting with a small, move to a more traditional form of insufficient number of conditionally highly supportive environment where housing. While all rules applicable to Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9537 the Supportive Housing Program apply public housing authority may submit system by filling one of these gaps; the to safe havens, to ensure that safe applications for more than one proposed project, including the plan for havens projects are competitive with jurisdiction but must submit a separate housing and/or services to be provided other Supportive Housing projects, the application for each and may only to participants; resources expected for ‘‘Quality of Project Plan’’ rating criteria submit one application for each the project and the amount of assistance in this NOFA have been modified to jurisdiction. In accordance with section requested; the experience of all reflect the special characteristics of safe 455(b) of the McKinney Act, no more organizations who will be involved in havens. than 10 percent of the assistance made the project; and the sources and number Specifically, the term ‘‘safe haven’’ available for Shelter Plus Care in any of proposed participants. An application means a structure or a clearly fiscal year may be used for programs also contains certifications that the identifiable portion of a structure: (1) located within any one unit of general applicant will comply with fair housing that proposes to serve hard-to-reach local government. Ten percent for this and civil rights requirements, program homeless persons with severe mental fiscal year equals $15 million. regulations, and other Federal illness; (2) that provides 24-hour With regard to the Shelter Plus Care/ requirements, and (in most cases) that residence for eligible persons who may Section 8 SRO component, applicant the proposed activities are consistent reside for an unspecified duration; (3) States, units of general local government with the HUD-approved Consolidated that provides private or semi-private and Indian tribes must subcontract with Plan (or Comprehensive Housing accommodations; (4) that may provide a Public Housing Authority to Affordability Strategy if still in effect) of for the common use of kitchen facilities, administer the Shelter Plus Care the applicable State or unit of general dining rooms, and bathrooms; and, (5) assistance. Also with regard to this local government. in which overnight occupancy is limited component, no single project may The specific application requirements to no more than 25 persons. A ‘‘safe contain more than 100 units. will be specified in the application haven’’ may also provide supportive package for each program. This package (3) Section 8 Moderate Rehabilitation services to eligible persons who are not includes all required forms and Program for Single Room Occupancy residents on a drop-in basis. To be certifications, and may be obtained from Dwellings for Homeless Individuals considered for funding under the Safe a HUD Field Office listed in the Havens component of the Supportive Approximately $150 million is appendix of this NOFA or by calling the Housing Program, a proposed project available for assistance under the SRO American Communities information must be consistent with the five features program. Applicants need to be aware of center on 1–800–998–9999. listed above. the following limitations on the Care should be taken in the selection (2) Shelter Plus Care Program allocation of Section 8 SRO funds: of projects and in the preparation of • A separate application must be applications to ensure that Approximately $150 million is submitted for each site for which environmental and historic preservation available for assistance under the assistance is requested and, under impediments do not cause an Shelter Plus Care program. In section 8(e)(2) of the United States application to be denied or approval accordance with section 463(a) of the Housing Act of 1937, no single project severely delayed. In general, any McKinney Act, as amended by the 1992 may contain more than 100 units; application HUD receives from a state or • Act, at least 10 percent of Shelter Plus Under section 441(c) of the local government will require that the Care funds will be allocated for each of McKinney Act, no city or urban county environmental assessment be prepared the four components of the program: may have projects receiving a total of by the local or state government before Tenant-based Rental Assistance; more than 10 percent of the assistance the grant application can be approved. Sponsor-based Rental Assistance; made available under this program; The environmental assessments for non- Project-based Rental Assistance; and • Applicants that are private governmental applicants will be Section 8 Moderate Rehabilitation of nonprofit organizations must conducted by HUD. Questions about Single Room Occupancy Dwellings for subcontract with a Public Housing which environmental and historic Homeless Individuals (provided there Authority to administer the SRO preservation laws may apply should be are sufficient numbers of approvable assistance; and addressed to the HUD Field Office. applications to achieve these • Under section 441(e) of the percentages). After applications are McKinney Act and 24 CFR III. Application Selection Process rated and ranked, based on the criteria 882.805(g)(1), HUD publishes the SRO The Department will use the same described below, HUD will determine if per unit rehabilitation cost limit each review, rating, and conditional selection the conditionally selected projects year to take into account changes in process for all three programs (S+C, achieve these minimum percentages. If construction costs. For purposes of SRO, and SHP): necessary, HUD will skip higher-ranked Fiscal Year 1995 funding, the cost applications for a component for which limitation is raised from $15,900 to (a) Review the minimum percent has been achieved $16,100 per unit to take into account Applications will be reviewed to in order to achieve the minimum increases in construction costs during ensure that they meet the following percent for another component. If there the past 12-month period. requirements: are an insufficient number of (1) Applicant eligibility. The applicant II. Application Requirements approvable applications in a component and project sponsor, if relevant, must be to achieve its minimum percent, the An application for Supportive eligible to apply for the specific unused balance will be used for the next Housing, Shelter Plus Care, or Section 8 program. highest-ranked approvable Shelter Plus SRO assistance consists of narrative, (2) Eligible population to be served. Care application. numerical, and financial information. The population to be served must meet Any applicant that is a unit of general The application requires a description the eligibility requirements of the local government, a local public housing of: gaps that need to be filled in the specific program. authority, or an Indian tribe may submit community’s response to homelessness; (3) Eligible activities. The activities for only one Shelter Plus Care application. how the proposed project will help the which assistance is requested must be Any applicant that is a State or a State community develop a continuum of care eligible under the specific program. 9538 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices (4) Fair housing and equal (c) Core Selection Criteria parks, and persons who are staying at opportunity. Organizations that receive The following five core selection shelters, transitional housing or other assistance through the application must criteria apply to each of the programs facilities for homeless persons who be in compliance with applicable civil covered by this NOFA and account for originally came from the streets or rights laws and Executive Orders. emergency shelter. 105 of the 110 points available for • (5) Vacancy rate. For the Section 8 award. Provide appropriate housing. HUD SRO program, at least 25 percent of the (1) Coordination. HUD will award up will consider how the housing fits the units to be assisted at any one site must to 40 points based on the extent to needs of participants and ensures their be vacant at the time of application. which the application demonstrates: safety; empowers participants through • Participation in a community involvement in decision-making and (b) Rating and Conditional Selection process for developing a continuum of project operations; employs participants care strategy, which could include in the project or otherwise helps Applications for S+C, SRO, and SHP increase their incomes; and ensures that grants will be conditionally selected in nonprofit organizations, State and local governmental agencies, other homeless transportation is available and three separate categories, one for each accessible. HUD will also consider program. To rate applications, the providers, housing developers and service providers, private foundations, project staffing and the scale of the Department may establish panels project, viewing the concentration of including persons not currently local businesses and the investment banking community, neighborhood very large numbers of homeless persons employed by HUD to obtain outside groups, and homeless or formerly at one location unfavorably. points of view, including views from homeless persons. For transitional housing projects, other Federal agencies. • Need for the type of project appropriateness of housing also After all points have been awarded, proposed in the area to be served, and includes how the project assists applications will be ranked from highest that the proposed project will effectively participants in locating and succeeding point score to lowest for each program. and appropriately fill a gap in the in permanent housing, and provides A bonus of 2 points will be added in community’s response to homelessness. necessary follow-up services upon the determining the final score of any • Coordination with other applicants, completion of transitional housing. For project that will serve homeless persons if any, applying for assistance under this permanent housing projects, living within the boundaries of a federal NOFA for projects in the same local appropriateness of housing also Empowerment Zone or Enterprise jurisdiction. (If more than one includes how the project assists Community. Whether an application is organization within a local jurisdiction integration of participants into the conditionally selected will depend on is submitting an application under this surrounding community. its overall ranking compared to other NOFA, higher scores will be assigned • Provide appropriate services. HUD applications submitted for the same where it is clear that the proposed will consider whether the project program, except that HUD reserves the projects have been coordinated within a provides up-front, individualized, needs right to select lower rated applications single, appropriate continuum of care assessments and ongoing case if necessary to achieve geographic strategy and that each project effectively management, how services fit the needs diversity; ensure that the overall amount and appropriately fills a gap in the of participants, and the availability of of assistance received by a jurisdiction community’s response to homelessness.) needed services. is not disproportionate to the • Use by the project of mainstream • For projects serving families, the jurisdiction’s overall need for homeless services, such as income supports, project serves the family together, and assistance, as calculated from generally mental health services, and substance works to strengthen the family structure. available data; or achieve diversity of abuse treatment, and how the project Projects that mix families with singles assistance provided in a community as uses or will use mainstream housing populations in the same structure will determined through a comparison of programs, such as Section 8 rental be viewed unfavorably. applications from a given jurisdiction. assistance, HOME, and State programs, • For safe haven projects, the above factors are modified to award up to 25 For all programs, in the event of a tie and other permanent housing resources points on the extent to which the between applicants, the applicant with to complete the continuum of care. applicant demonstrates how the project the highest score for the coordination (2) Need. HUD will award up to 20 points based on: will link persons to other housing and criterion will be selected. If a tie • the jurisdiction’s need for homeless supportive services after stabilization in remains, the applicant with the highest assistance, as calculated from generally a safe haven, the availability of basic score for the quality of project criterion available data including data on services in the safe haven, and how the will be selected. In the event of a poverty, housing overcrowding, security of participants will be assured procedural error that, when corrected, population, age of housing and growth by the applicant. would result in selection of an lag; and The rating under this criterion will otherwise eligible applicant during the • the extent of need in that also consider the extent to which the funding round under this NOFA, HUD jurisdiction taking into account the project represents an innovative may select that applicant when higher rated applications and the extent approach when viewed nationally that sufficient funds become available. of need nationwide. promises to be successful and For Shelter Plus Care and Supportive (3) Quality of project. HUD will award replicable. Applications submitted Housing, in cases where the applicant up to 25 points based on the extent to under the ‘‘innovative supportive requests assistance for more than one of which the applicant demonstrates that housing’’ component of the Supportive the components of the program within the proposed project will: Housing Program must achieve points one application, the components will • Reach out and engage potential for innovation. not be rated separately. Rather, the eligible participants. The most needy Applications receiving less than 8 application will be rated as a whole. are homeless persons who are sleeping points under the quality of project (For Section 8 SRO, only one project is in places not meant for human criterion will not be selected for a grant allowed per application.) habitation, such as cars, tunnels and award. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9539 (4) Capacity. HUD will award up to 15 chronic alcohol and/or drug abuse of such information; other S+C points based on extent to which all the problems, or have AIDS and related applicants and all SHP applicants will organizations involved in the project diseases in relation to the total number be notified of the date of the one month demonstrate: of people proposed to be served. deadline for submission of such • Experience in carrying out similar information. If an applicant is unable to activities to those proposed either as an (f) Section 8 SRO Additional Selection meet any conditions for grant award ongoing provider of housing and/or Criterion within the specified timeframe, HUD services to homeless people, or as an The following selection criterion reserves the right not to award funds to ongoing provider of housing and/or accounts for the remaining 5 points the applicant, but instead to either: use services who is in some way tangibly available for award for Section 8 SRO them to select the next highest ranked connected to an ongoing homeless applications. application(s) from the original delivery system. (1) Availability of vacant units. HUD competition for which there are • Timeliness in the speed with which will award up to 5 points based on the sufficient funds available; or add them the project will become operational, percentage of units (beyond the required to funds available for the next taking into account differences in the 25 percent) proposed for assistance competition for the applicable program. types of projects proposed for funding. which are vacant at the time of V. Special Incentive for Purchase of The rating under this criterion will application. HUD-Owned Single Family Properties also consider the Department’s (g) Clarification of Application Under the Single Family Property knowledge of the prior experience of the Information Disposition Homeless Program applicant (and any organizations that will participate in carrying out the In accordance with the provisions of Supportive Housing funds may be program) in serving homeless persons 24 CFR part 4, subpart B, HUD may used to purchase HUD-owned single and in carrying out programs similar to contact an applicant to seek clarification family (one- to four unit) properties those proposed in the application, and of an item in the application, or to under the Single Family Property the prior performance of the applicant request additional or missing Disposition Homeless Program, (and any organizations that will information, but the clarification or the provided the properties are used to participate in carrying out the program) request for additional or missing house homeless persons. This includes with any-HUD administered programs. information shall not relate to items that both eligible homes owned by HUD and An applicant receiving less than 7 would improve the substantive quality those presently under lease. points under the capacity criterion will of the application pertinent to the The Department is offering a special not be selected for a grant award. funding decision. incentive for the purchase of HUD- owned single family properties located (5) Leveraging. HUD will award up to (h) Technical Assistance 5 points based on the extent to which in zip code areas designated by HUD as the amount of assistance to be provided Prior to the application deadline, ‘‘revitalization’’ areas. Lessees and other under this grant is supplemented with HUD staff will be available to provide qualifying nonprofit organizations and documented cash or in-kind resources advice, guidance and general technical governmental entities may purchase from public and private sources that assistance to potential applicants on uninsurable properties in revitalization will be used for the project. For S+C and application requirements and program areas at a 30 percent discount; FHA SRO applications, leveraging will be policies. Following conditional insurable properties in revitalization based on documented resources for selection, HUD staff will be available to areas are offered at a discount of 10 supportive services. For SHP assist in clarifying or confirming percent. There are 230 revitalization applications, leveraging will be based information that is a prerequisite to the areas nationwide. Contact your local on documented resources for any offer of a grant agreement by HUD. HUD Office for assistance in identifying project activity. However, between the application revitalization areas. deadline and the announcement of Qualifying nonprofit organizations (d) Supportive Housing Additional conditional selections, HUD will accept and governmental entities may purchase Selection Criterion no information that would improve the HUD-owned homes outside The following selection criterion substantive quality of the application revitalization areas at a discount accounts for the remaining 5 points pertinent to the funding decision. approved by the Secretary, usually 10 percent. However, if five or more homes available for award for SHP IV. Grant Award Process applications. are purchased and closed (1) Cost effectiveness. HUD will award HUD will notify conditionally simultaneously, a 15 percent discount up to 5 points based on the extent to selected applicants in writing. As will be applied in all areas. The sales which supportive services are provided necessary, HUD will subsequently price, to which any discount will be from resources other than the request them to submit additional applied, is the current fair market value, Supportive Housing Program grant. project information, which may include or the value established at the time of documentation to show the project is the lease, whichever is less, provided (e) Shelter Plus Care Additional feasible; documentation of firm that the lessee agrees to use the property Selection Criterion commitments for cash match; either to house homeless persons for 10 The following selection criterion documentation showing site control; years or to resell only to a lower-income accounts for the remaining 5 points information necessary for HUD to buyer. available for award for S+C perform an environmental review, The incentives described above applications. where applicable; and such other should be especially attractive to (1) Serving targeted disabilities. documentation as specified by HUD in organizations currently operating Within the eligible population to be writing to the applicant, that confirms transitional housing for the homeless in served, HUD will award up to 5 points or clarifies information provided in the homes leased from HUD. Providers with based on the percentage of individuals application. SRO and S+C/SRO a maximum five-year lease term may to be served (beyond 50 percent) who applicants will be notified of the date of purchase uninsurable properties at the experience serious mental illness, have the two month deadline for submission 30 percent discount in revitalization 9540 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices areas, thus making the purchase of their their proposed projects with Interior and Related Agencies leased property far more affordable. AmeriCorps. AmeriCorps Members can Appropriations Act for Fiscal Year 1990 Lessees operating satisfactory homeless be an excellent source of committed, (31 U.S.C. 1352) (the ‘‘Byrd programs, and who purchase, will also caring staff. An applicant may call The Amendment’’) and the implementing have a competitive advantage under the Corporation for National Service in regulations at 24 CFR part 87. These rating criterion, ‘‘Capacity’’, since they Washington, DC, on (202) 606–5000 to authorities prohibit recipients of Federal may demonstrate experience with HUD ask for the State Commission contact contracts, grants, or loans from using homeless programs. name and phone number. Through the appropriated funds for lobbying the Executive or Legislative branches of the VI. Employment Opportunities for information received from the State Federal government in connection with Homeless Persons Commission, the applicant may contact an AmeriCorps Program Sponsor in the a specific contract, grant, or loan. The A key goal of the continuum of care local area. The Sponsor recruits, selects, prohibition also covers the awarding of approach is to assist homeless persons trains, and places individuals who contracts, grants, cooperative achieve independent living whenever become AmeriCorps Members. agreements, or loans unless the possible. Each of the three programs Full-time AmeriCorps members (those recipient has made an acceptable under this NOFA has as a goal working 1,700 hours over a 9 to 12 certification regarding lobbying. Under increasing the skill level and/or income month period) are eligible to receive 24 CFR part 87, applicants, recipients of program participants. Employment approximately $7,600 as a living and sub-recipients of assistance opportunities not only help achieve allowance, health care and child care if exceeding $100,000 must certify that no these goals but are also important in necessary, and a post-service award of Federal funds have been or will be spent rebuilding self-esteem. $4,725 to be used for current or future on lobbying activities in connection The McKinney Act recognizes the college, graduate school, or job training, with the assistance. importance of employment or to repay existing qualified loans. Environmental Impact opportunities in requiring that, to the AmeriCorps is able to support a greater maximum extent practicable, recipients number of Members if other In accordance with 40 CFR 1508.4 of involve homeless persons through organizations or programs, such as the the regulations of the Council on employment, volunteer services, or Supportive Housing Program, can pay Environmental Quality and 24 CFR otherwise, in constructing, the program and Member-related 50.20(k) and (l) of the HUD regulations, rehabilitating, maintaining, and expenses, with AmeriCorps providing the policies and procedures set forth in operating the project and in providing the post-service educational awards. this document are determined not to supportive services. Under the For Supportive Housing, applicants have the potential for having a Supportive Housing Program, may request funds for paying operating significant impact on the quality of the employment assistance activities are and supportive services costs. These human environment, and therefore are eligible, and grant recipients can use costs may include payment for exempt from further environmental these funds for such activities as job AmeriCorps Members, such as living reviews under the National training, wages, and educational awards allowances, health care costs, and Environmental Policy Act of 1969. (This for homeless persons. While Shelter reasonable overhead costs of the same determination was made at the Plus Care Program and SRO Program AmeriCorps program sponsor, but may time of development of the interim rule funds may only be used for rental not exceed the cost which would be on the Supportive Housing Program, assistance, employment assistance paid by the applicant for the same Shelter Plus Care, and Section 8 activities paid from other sources count services when procured from a Moderate Rehabilitation Single Room towards the match requirement of the contractor. An applicant does not fill Occupany Program for Homeless Shelter Plus Care Program and can also out a special exhibit for AmeriCorps Individuals, that was published in the count for purposes of the ‘‘leveraging’’ Members. Instead, the costs for the Federal Register on May 10, 1994 (59 rating criterion. AmeriCorps Members are included in FR 24252). Inclusion in the application of the operating and supportive services Executive Order 12606, The Family employment assistance activities for budgets, as appropriate, just as other The General Counsel, as the homeless persons may improve the staff costs are. Designated Official under Executive rating score under the ‘‘Quality of If Members are used in operating the Order 12606, The Family, has Project’’ criterion, making the Supportive Housing project, the costs determined that the policies announced application more competitive. are subject to the requirement that in this Notice would have a significant operating costs be shared. Examples of VII. Linking Homeless Assistance impact on the formation, maintenance, how Members may be used in operating Programs and AmeriCorps and general well-being of families, but a project include maintenance, security, The Corporation for National Service, since this impact would be beneficial, and facility management. Supportive established in 1993 to engage Americans no further analysis under the Order is services are not subject to cost-sharing, of all ages and backgrounds in necessary. community-based service, supports a so if Members are engaged in delivering range of national and community supportive services, such as substance Executive Order 12612, Federalism service programs. AmeriCorps, one of abuse counseling, case management, or The General Counsel has determined, the national service programs supported recreational programs, no local share is as the Designated Official for HUD by the Corporation, engages thousands required. under section 6(a) of Executive Order of young Americans on a full or part- VIII. Other Matters 12612, Federalism, that the policies time basis to help communities address contained in this Notice will not have their toughest challenges, while earning Prohibition Against Lobbying Activities federalism implications and, thus, are support for college, graduate school, or The use of funds awarded under this not subject to review under the Order. job training. NOFA is subject to the disclosure The promotion of activities and policies Applicants for the Supportive requirements and prohibitions of to end homelessness is a recognized Housing Program are encouraged to link Section 319 of the Department of goal of general benefit without direct Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9541 implications on the relationship reports (HUD Form 2880) submitted in provide the influence. The second between the national government and connection with this NOFA. Update restricts the payment of fees to those the states or on the distribution of reports (also Form 2880) will be made who are paid to influence the award of power and responsibilities among available along with the applicant HUD assistance, if the fees are tied to various levels of government. disclosure reports, but in no case for a the number of housing units received or period less than three years. All are based on the amount of assistance Drug-Free Workplace Certification reports—both applicant disclosures and received, or if they are contingent upon The Drug-Free Workplace Act of 1988 updates—will be made available in the receipt of assistance. requires grantees of Federal agencies to accordance with the Freedom of Section 13 was implemented by final certify that they will provide drug-free Information Act (5 U.S.C. 552) and rule published in the Federal Register workplaces. Thus, each applicant must HUD’s implementing regulations at 24 on May 17, 1991 (56 FR 22912) as 24 certify that it will comply with drug-free CFR part 15. (See 24 CFR subpart C, and CFR part 86. If readers are involved in workplace requirements in accordance the notice published in the Federal any efforts to influence the Department with 24 CFR part 24, subpart F. Register on January 16, 1992 (57 FR in these ways, they are urged to read the Accountability in the Provision of HUD 1942), for further information on these final rule, particularly the examples Assistance disclosure requirements.) contained in Appendix A of the rule. HUD has promulgated a final rule to Section 103 HUD Reform Act Submissions implement section 102 of the HUD’s regulation implementing Applications which are mailed prior Department of Housing and Urban section 103 of the Department of to April 7, 1995 but received within ten Development Reform Act of 1989 (HUD Housing and Urban Development (10) days after that date will be deemed Reform Act). The final rule is codified Reform Act of 1989 was published May to have been received by that date if at 24 CFR part 12. Section 102 contains 13, 1991 (56 FR 22088) and became postmarked by the United States Postal a number of provisions that are effective on June 12, 1991. That Service by no later than April 4, 1995. designed to ensure greater regulation, codified as 24 CFR part 4, Overnight delivery items received after accountability and integrity in the applies to the funding competition April 7, 1995 will be deemed to have provision of certain types of assistance announced today. The requirements of been received by that date upon administered by HUD. On January 14, the rule continue to apply until the submission of documentary evidence 1992, HUD published at 57 FR 1942 announcement of the selection of that they were placed in transit with the additional information that gave the successful applicants. HUD employees overnight delivery service by no later public (including applicants for, and involved in the review of applications than April 6, 1995. and in the making of funding decisions recipients of, HUD assistance) further Authority: 42 U.S.C. 11403 note; 42 U.S.C. information on the implementation of are limited by part 4 from providing 11389; 42 U.S.C. 1437a, 1437c, and 1437f; 42 section 102. The documentation, public advance information to any person U.S.C. 3535(d); 24 CFR parts 582, 583, and access, and disclosure requirements of (other than an authorized employee of 882. section 102 are applicable to assistance HUD) concerning funding decisions, or Dated: February 8, 1995. awarded under this NOFA as follows: from otherwise giving any applicant an Andrew Cuomo, unfair competitive advantage. Persons Documentation and Public Access Assistant Secretary for Community Planning who apply for assistance in this and Development. Requirements competition should confine their HUD will ensure that documentation inquiries to the subject areas permitted Appendix: List of HUD Field Offices and other information regarding each under 24 CFR part 4. Telephone numbers for application submitted pursuant to this Applicants who have questions Telecommunications Devices for the Deaf NOFA are sufficient to indicate the basis should contact the HUD Office of Ethics (TDD machines) are listed for field offices; all upon which assistance was provided or (202) 708–3815 (TDD/Voice). (This is HUD numbers, including those noted *, may be reached via TDD by dialing the Federal denied. This material, including any not a toll-free number.) The Office of Information Relay Service on 1–800–877– letters of support, will be made Ethics can provide information of a TDDY or (1–800–877–8339) or (202) 708– available for public inspection for a five- general nature to HUD employees, as 9300. year period beginning not less than 30 well. However, a HUD employee who Alabama—John D. Harmon, Beacon Ridge days after the award of the assistance. has specific program questions, such as Tower, 600 Beacon Pkwy. West, Suite 300, Material will be made available in whether particular subject matter can be Birmingham, AL 35209–3144; (205) 290– accordance with the Freedom of discussed with persons outside the 7645; TDD (205) 290–7624. Information Act (5 U.S.C. 552) and Department, should contact his or her Alaska—Dean Zinck, 949 E. 36th Avenue, HUD’s implementing regulations at 24 Regional or Field Office Counsel, or Suite 401, Anchorage, AK 99508–4399; CFR part 15. In addition, HUD will Headquarters counsel for the program to (907) 271–3669; TDD (907) 271–4328. Arizona—Lou Kislin, 400 N. 5th St., Suite include the recipients of assistance which the question pertains. 1600, Arizona Center, Phoenix AZ 85004; pursuant to this NOFA in its quarterly Section 112 HUD Reform Act (602) 379–4754; TDD (602) 379–4461. Federal Register notice of all recipients Arkansas—Billy M. Parsley, TCBY Tower, of HUD assistance awarded on a Section 13 of the Department of 425 West Capitol Ave., Suite 900, Little competitive basis. (See 24 CFR 12.14(a) Housing and Urban Development Act Rock, AR 72201–3488; (501) 324–6375; and 12.16(b), and the notice published contains two provisions dealing with TDD (501) 324–5931. in the Federal Register on January 16, efforts to influence HUD’s decisions California—(Southern) Herbert L. Roberts, 1992 (57 FR 1942), for further with respect to financial assistance. The 1615 W. Olympic Blvd., Los Angeles, CA 90015–3801; (213) 251–7235; TDD (213) information on these documentation first imposes disclosure requirements on those who are typically involved in 251–7038. (Northern) Steve Sachs, 450 and public access requirements.) Golden Gate Ave., P.O. Box 36003, San these efforts—those who pay others to Disclosures Francisco, CA 94102–3448; (415) 556– influence the award of assistance or the 5576; TDD (415) 556–8357. HUD will make available to the public taking of a management action by the Colorado—Sharon Jewell, First Interstate for five years all applicant disclosure Department and those who are paid to Tower North, 633 17th St., Denver, CO 9542 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 80202–3607; (303) 672–5414; TDD (303) Minnesota—Shawn Huckleby, 220 2nd St. Pennsylvania—(Western) Bruce Crawford, 672–5248. South, Minneapolis, MN 55401–2195; Old Post Office and Courthouse Bldg., 700 Connecticut—Daniel Kolesar, 330 Main St., (612) 370–3019; TDD (612) 370–3186. Grant St., Pittsburgh, PA 15219–1906; (412) Hartford, CT 06106–1860; (203) 240–4508; Mississippi—Jeanie E. Smith, Dr. A. H. 644–5493; TDD (412) 644–5747; (Eastern) TDD (203) 240–4522. McCoy Fed. Bldg., 100 W. Capitol St., Joyce Gaskins, Liberty Sq. Bldg., 105 S. 7th Delaware—John Kane, Liberty Sq. Bldg., 105 Room 910, Jackson, MS 39269–1096; (601) St., Philadelphia, PA 19106–3392; (215) S. 7th St., Philadelphia, PA 19106–3392; 965–4765; TDD (601) 965–4171. 597–2665; TDD (215) 597–5564. (215) 597–2665; TDD (215) 597–5564. Missouri—(Eastern) David H. Long, 1222 Puerto Rico (and Caribbean)—Carmen R. District of Columbia—James H. McDaniel, Spruce St., St. Louis, MO 63103–2836; Cabrera, 159 Carlos Chardon Ave., San 820 First St., NE, Washington, DC (and MD (314) 539–6524; TDD (314) 539–6331;. Juan, PR 00918–1804; (809) 766–5576; TDD (Western) William Rotert, Gateway Towers and VA suburbs) 20002; (202) 275–0994; (809) 766–5909. 2, 400 State Ave., Kansas City, KS 66101– TDD (202) 275–0772. Rhode Island—Frank Del Vecchio, Thomas P. 2406; (913) 551–54843; TDD (913) 551– Florida—James N. Nichol, 301 West Bay St., O’Neill, Jr., Fed. Bldg., 10 Causeway St., Suite 2200, Jacksonville, FL 32202–5121; 6972. Montana—Sharon Jewell, First Interstate Boston, MA 02222–1092; (617) 565–5342; (904) 232–3587; TDD (904) 791–1241. Tower North, 633 17th St., Denver, CO TDD (617) 565–5453. Georgia—John Perry, Russell Fed. Bldg., 80202–3607; (303) 672–5414; TDD (303) South Carolina—Louis E. Bradley, Fed. Bldg., Room 688, 75 Spring St., SW, Atlanta, GA 672–5248. 1835–45 Assembly St., Columbia, SC 30303–3388; (404) 331–5139; TDD (404) Nebraska—Gregory A. Bevirt, Executive 29201–2480; (803) 765–5564; TDD * via 1– 730–2654. Tower Centre, 10909 Mill Valley Road, 800–877–8339. Hawaii and Pacific)—Patti A. Nicholas, 7 Omaha, NE 68154–3955; (402) 492–3144; South Dakota—Sharon Jewell, First Interstate Waterfront Plaza, Suite 500, 500 Ala TDD (402) 492–3183. Tower North, 633 17th St., Denver, CO Moana Blvd., Honolulu, HI 96813–4918; Nevada—(Las Vegas, Clark Cnty) Lou Kislin, 80202–3607; (303) 672–5414; TDD (303) (808) 522–8180; TDD (808) 541–1356. 400 N. 5th St., Suite 1600, 2 Arizona 672–5248. Idaho—John G. Bonham, 520 SW 6th Ave., Center, Phoenix, AZ 85004; (602) 379– Tennessee—Virginia Peck, 710 Locust St., Portland, OR 97204–1596;(503) 326–7018; 4754; TDD (602) 379–4461; (Remainder of Knoxville, TN 37902–2526; (615) 545– TDD * via 1–800–877–8339. State) Steve Sachs, 450 Golden Gate Ave., 4396; TDD (615) 545–4559. Illinois—Jim Barnes, 77 W. Jackson Blvd., P.O. Box 36003, San Francisco, CA 94102– Texas—(Northern) Katie Worsham, 1600 Chicago, IL 60604–3507; (312) 353–1696; 3448; (415) 556–5576; TDD (415) 556- Throckmorton, P.O. Box 2905, Fort Worth, TDD (312) 353–7143. 8357. TX 76113–2905; (817) 885–5483; TDD Indiana—Robert F. Poffenberger, 151 N. New Hampshire—David Lafond, Norris (817) 885–5447; (Southern) John T. Delaware St., Indianapolis, IN 46204–2526; Cotton Fed. Bldg., 275 Chestnut St., Maldonado, Washington Sq., 800 Dolorosa, (317) 226–5169; TDD * via 1–800–877– Manchester, NH 03101–2487; (603) 666– San Antonio, TX 78207–4563; (210) 229– 8339. 7640; TDD (603) 666–7518. 6820; TDD (210) 229–6885. Iowa—Gregory A. Bevirt, Executive Tower New Jersey—Frank Sagarese, 1 Newark Utah—Sharon Jewell, First Interstate Tower Centre, 10909 Mill Valley Road, Omaha, Center, Newark, NJ 07102; (201) 622–7900; North, 633 17th St., Denver, CO 80202– NE 68154–3955; (402) 492–3144; TDD TDD (201) 645–3298. 3607; (303) 672–5414; TDD (303) 672– (402) 492–3183. New Mexico—Katie Worsham, 1600 5248. Kansas—William Rotert, Gateway Towers 2, Throckmorton, P.O. Box 2905, Fort Worth, Vermont—David Lafond, Norris Cotton Fed. 400 State Ave., Kansas City, KS 66101– TX 76113–2905; (817) 885–5483; TDD Bldg., 275 Chestnut St., Manchester, NH (817) 885–5447. 2406; (913) 551–5484; TDD (913) 551– 03101–2487; (603) 666–7640; TDD (603) New York—(Upstate) Michael F. Merrill, 6972. 666–7518. Lafayette Ct., 465 Main St., Buffalo, NY Kentucky—Ben Cook, P.O. Box 1044, 601 W. Virginia—Joseph Aversano, 3600 W. Broad Broadway, Louisville, KY 40201–1044; 14203–1780; (716) 846–5768; TDD * via 1– 800–877–8339; (Downstate) Jack Johnson, St., P.O. Box 90331, Richmond, VA 23230– (502) 582–5394; TDD (502) 582–5139. 26 Federal Plaza, New York, NY 10278– 0331; (804) 278–4503; TDD (804) 278– Lousiana—Greg Hamilton, P.O. Box 70288, 0068; (212) 264–2885; TDD (212) 264– 4501. 1661 Canal St., New Orleans, LA 70112– 0927. Washington—John Peters, Federal Office 2887; (504) 589–7212; TDD (504) 589– North Carolina—Charles T. Ferebee, Koger Bldg., 909 First Ave., Suite 200, Seattle, 7237. Building, 2306 West Meadowview Road, WA 98104–1000; (206) 220–5150; TDD Maine—David Lafond, Norris Cotton Fed. Greensboro, NC 27407; (910) 547–4005; (206) 220–5185. Bldg., 275 Chestnut St., Manchester, NH TDD (910) 547–4055. West Virginia—Bruce Crawford, Old Post 03101–2487; (603) 666–7640; TDD (603) North Dakota—Sharon Jewell, First Interstate Office & Courthouse Bldg., 700 Grant St., 666–7518. Tower North, 633 17th St., Denver, CO Pittsburgh, PA 15219–1906; (412) 644– Maryland—Harold Young, 10 South Howard 80202–3607; (303) 672–5414; TDD (303) 5493; TDD (412) 644–5747. Street, 5th Floor, Baltimore, MD 21202– 672–5248. Wisconsin—Lana J. Vacha, Henry Reuss Fed. 0000; (410) 962–2520x3116; TDD (410) Ohio—Jack E. Riordan, 200 North High St., Plaza, 310 W. Wisconsin Ave., Ste. 1380, 962–0106. Columbus, OH 43215–2499; (614) 469– Milwaukee, WI 53203–2289; (414) 297– Massachusetts—Frank Del Vecchio, Thomas 6743; TDD (614) 469–6694. 3113; TDD * via 1–800–877–8339. P. O’Neill, Jr., Fed. Bldg., 10 Causeway St., Oklahoma—Ted Allen, Murrah Fed. Bldg., Wyoming—Sharon Jewell, First Interstate Boston, MA 02222–1092; (617) 565–5342; 200 NW 5th St., Oklahoma City, OK Tower North, 633 17th St., Denver, CO TDD (617) 565–5453. 73102–3202; (405) 231–4973; TDD (405) 80202–3607; (303) 672–5414; TDD (303) Michigan—Richard Paul, Patrick McNamara 231–4181. 672–5248. Bldg., 477 Michigan Ave., Detroit, MI Oregon—John G. Bonham, 520 SW 6th Ave., 48226–2592; (313) 226–4343; TDD * via 1– Portland, OR 97204–1596 (503) 326–7018; [FR Doc. 95–3992 Filed 2–16–95; 8:45 am] 800–877–8339. TDD * via 1–800–877–8339. BILLING CODE 4210±29±P federal register February 17,1995 Friday Availability forFiscalYear1995;Notice Drug EliminationGrants;Funding Federally AssistedLowIncomeHousing HousingÐFederal HousingCommissioner Office oftheAssistantSecretaryfor Development Housing andUrban Department of Part VI 9543 9544 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices DEPARTMENT OF HOUSING AND must be received by the deadline at the 103–327, approved September 28, 1994) URBAN DEVELOPMENT appropriate HUD Office with appropriated $290 million for the Drug jurisdiction over the applicant project, Elimination Program, and made not Office of the Assistant Secretary for Attention: Director of Multifamily more than $17,406,250 of the total Drug HousingÐFederal Housing Housing. It is not sufficient for the Elimination Program appropriation Commissioner application to bear a postage date within available for federally assisted low- [Docket No. N±95±3869; FR±3858±N±01] the submission time period. income housing. The additional Applications submitted by facsimile are $394,487 represent funds available from Federally Assisted Low Income not acceptable. Applications received recaptured and carry-over funds from Housing Drug Elimination Grants; after the deadline will not be prior year appropriations for the Notice of Funding AvailabilityÐFY considered. Federally Assisted Low-Income Housing 1995 FOR FURTHER INFORMATION CONTACT: For Drug Elimination Grant Program. Of the total $290 million AGENCY: Office of the Assistant application material and project-specific guidance, please contact the Office of appropriated, $247,168,750 will fund Secretary for Housing—Federal Housing the Public and Indian Housing Drug Commissioner, HUD. the Director of Multifamily Housing in the HUD Office having jurisdiction over Elimination Program; $13,925,000 will ACTION: Notice of funding availability the project(s) in question. A list of HUD fund the Youth Sports Program; $10 (NOFA) for fiscal year (FY) 1995. Offices is attached to this NOFA. million will fund drug elimination technical assistance and training; and SUMMARY: This NOFA announces HUD’s For other information, contact Lessley $1.5 million will fund drug information FY 1995 funding of $17,800,737 for Wiles, Office of Multifamily Housing clearinghouse services. The remaining Federally Assisted Low Income Housing Management, Department of Housing $17,406,250 plus the $394,487 is being Drug Elimination Grants. The purposes and Urban Development, Room 6176, made available under this NOFA. of the Assisted Housing Drug 451 Seventh Street, SW., Washington, DC 20410. Telephone (202) 708–2654, HUD is allocating grant funds under Elimination Program are to eliminate this NOFA to four ‘‘Award Offices’’ on drug-related crime and related problems Ext. 2618. TDD number (202) 708–4594. the basis of a formula allocation. This in and around the premises of federally (These are not toll-free numbers.) formula allocation reflects the number assisted low income housing, and to SUPPLEMENTARY INFORMATION: of eligible federally assisted low-income make available grants to help owners of housing units in specific geographic such housing carry out plans to address Paperwork Reduction Act Statement areas and the level of drug-related crime these issues. This document describes The information collection within each area, according to statistics the purpose of the NOFA, applicant requirements contained in this NOFA compiled by the U.S. Department of eligibility, available amounts, selection have been approved by the Office of Justice, Federal Bureau of Investigation criteria, financial requirements, Management and Budget, under section (‘‘Uniform Crime Reports for Drug management, and application 3504(h) of the Paperwork Reduction Act Abuse Violations—1990’’). processing, including how to apply, of 1980 (44 U.S.C. 3501–3520), and how selections will be made, and how assigned OMB control number 2502– (2) Maximum Grant Award Amounts applicants will be notified of results. 0476. The maximum grant award amount is DATES: No applications will be accepted limited to $125,000 per project. after 4:00 p.m. (local time) by the local I. Purpose and Substantive Description HUD Office on April 18, 1995. This (a) Authority (3) Reallocation application deadline is firm as to date Any grant funds under this NOFA These grants are authorized under and hour. In the interest of fairness to that are allocated, but that are not Chapter 2, Subtitle C, Title V of the all competing applicants, HUD will treat reserved for grantees, must be released Anti-Drug Abuse Act of 1988 (42 U.S.C. as ineligible for consideration any to HUD Headquarters for reallocation. 11901 et seq.), as amended by section application that is received after the HUD reserves the right to fund portions 581 of the National Affordable Housing deadline. Applicants should take this of full applications. If the HUD Award Act of 1990 (NAHA) (Pub. L. 101–625, practice into account and make early Office determines that an application approved November 28, 1990) and submission of their materials to avoid cannot be partially funded and there are section 161 of the Housing and any risk of loss of eligibility brought insufficient funds to fund the Community Development Act of 1992 about by unanticipated delays or other application fully, any remaining funds (HCDA 1992) (Pub. L. 102–550, delivery-related problems. A ‘‘FAX’’ after all other applications have been approved October 28, 1992). will not constitute delivery. selected will be released to HUD ADDRESSES: (a) Application form: An Note: This NOFA does NOT apply to the Headquarters for reallocation. Amounts application form may be obtained from funding available under the statute for Public that may become available due to the local HUD Office having jurisdiction and Indian Housing. deobligation will also be reallocated to over the location of the applicant (b) Allocation Amounts Headquarters. project. The HUD Office will be All reallocated funds will be awarded available to provide technical assistance (1) Federal Fiscal Year 1995 Funding in the following manner: HUD Award on the preparation of applications The amount available for funding Offices will submit to Headquarters a during the application period. In under this Notice of Funding list of applications, with their scores addition, applications may be obtained Availability (NOFA) is $17,800,737. and amount of funding requested, that from the Multifamily Housing Section 581 of NAHA expanded the would have been funded had there been Clearinghouse by calling 1–800–685– Drug Elimination Program to include sufficient funds in the appropriate 8470; or for hearing- or speech-impaired federally assisted low-income housing. allocation to do so. Headquarters will persons (202) 708–4594 (TDD). (The The Departments of Veterans Affairs select applications from those submitted TDD number is not a toll-free number.) and Housing and Urban Development, by the HUD Award Offices, using a (b) Application submission: and Independent Agencies random number lottery overseen by the Applications (original and one copy) Appropriations Act of 1995, (Pub. L. Offices of Housing, General Counsel, Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9545 and Inspector General, and make awards Award office States covered Allocation reconfiguration of common areas to from any available reallocated funds. discourage drug-related crime; and other Nebraska. physical improvements designed to (4) Reduction of Requested Grant Minneapolis . Illinois ...... 4,343,380 enhance security and discourage drug- Amounts Indiana. related activities. In particular, HUD is HUD may award an amount less than Minnesota. seeking plans that provide successful, Wisconsin. requested if: proven, and cost effective deterrents to (i) HUD determines the amount Michigan. Ohio. drug-related crime that are designed to requested for an eligible activity is Little Rock ... Arkansas ...... 4,574,789 address the realities of low-income unreasonable; Louisiana. assisted housing environments. All (ii) Insufficient amounts remain under New Mexico. physical improvements must also be the allocation to fund the full amount Oklahoma. accessible to persons with disabilities. requested by the applicant and HUD Texas. For example, some types of locks or determines that partial funding is a Colorado. buzzer systems are not accessible to viable option; Montana. persons with limited strength or (iii) HUD determines that some North Dakota. South Dakota. mobility, or to persons who are hearing- elements of the proposed plan are impaired. All physical improvements suitable for funding and others are not; Utah. Wyoming. must meet the accessibility or Arizona. requirements of 24 CFR part 8. (iv) For any other reason where good California. (ii) Programs to Reduce the use of cause exists. Hawaii. Drugs. Programs designed to reduce the (5) Distribution of Funds Nevada. use of drugs in and around federally Alaska. assisted low-income housing projects, In past years, funds under this Idaho. including drug abuse prevention, program were allocated to the ten HUD Oregon. intervention, referral, and treatment Regional Offices. Due to HUD’s Washington. programs, are eligible for funding under reorganization, those offices no longer this program. The program should (c) Eligibility exist. Therefore, this year HUD is facilitate drug prevention, intervention, allocating funds to four Award Offices, The following is a listing of eligible and treatment efforts, to include which will receive the scores from each activities, ineligible activities, eligible outreach to community resources and HUD Office that has received, rated, applicants, and general grant youth activities, and facilitate bringing ranked, and scored its applications. requirements under this NOFA. these resources onto the premises, or Those Award Offices will, in turn, (1) Eligible Activities provide resident referrals to treatment request funding for the properties with programs or transportation to out- the highest score from each HUD Office. Please note that the maximum term of patient treatment programs away from If sufficient funds remain, the next the grant is 12 months. the premises. Funding is permitted for highest scored applications, regardless It is the goal and intent of the reasonable, necessary, and justified of HUD Office, will be awarded funds. Federally Assisted Low-Income Housing leasing of vehicles for resident youth HUD is allocating grant funds under this Drug Elimination Grant Program to and adult education and training NOFA to the four Award Offices, in foster a sense of community in dealing activities directly related to ‘‘Programs accordance with the following schedule: with the issues of drug-related criminal to reduce the use of drugs’’ under this activity. Programs that foster section. Alcohol-related activities/ Award office States covered Allocation interrelationships between the programs are not eligible for funding residents, the housing owner and under this NOFA. Buffalo ...... Maine ...... $4,414,583 management, the local law enforcement New Hamp- (A) Drug Prevention. Drug prevention shire. agencies, and other community groups programs that will be considered for Vermont. impacting on the housing are greatly funding under this NOFA must provide Massachusetts. desired and encouraged. Resident a comprehensive drug prevention Connecticut. participation in the determination of approach for residents that will address Rhode Island. programs and activities to be the individual resident and his or her New York. undertaken is critical to the success of relationship to family, peers, and the New Jersey. all aspects of the program. Working community. Prevention programs must Pennsylvania. jointly with community groups, the include activities designed to identify Delaware. neighborhood law enforcement precinct, Maryland. and change the factors present in District of Co- residents of adjacent properties, and the federally assisted low-income housing lumbia. community as a whole can enhance and that lead to drug-related problems, and West Virginia. magnify the effect of specific program thereby lower the risk of drug usage. Virginia. activities and should be the goal of all Many components of a comprehensive Knoxville ...... Kentucky ...... 4,467,985 applicants. approach, such as refusal and restraint Tennessee. (i) Physical Improvements to Enhance skills, training programs, or drug-related North Carolina. Security. Physical improvements that family counseling, may already be South Carolina. are specifically designed to enhance available in the community of the Georgia. security are eligible for funding under applicant’s housing projects, and the Alabama. this program. The improvements may Puerto Rico. applicant must act to bring those Mississippi. include (but are not limited to) systems available program components onto the Florida. designed to limit building access to premises. Activities that should be Iowa. project residents, the installation of included in these programs are: Kansas. barriers, lighting systems, fences, bolts, (1) Drug Education Opportunities for Missouri. and locks; the landscaping or Residents. The causes and effects of 9546 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices illegal drug usage must be discussed in of preventing drug problems from and the treatment service meets all State a formal setting to provide both young continuing once detected. licensing requirements. people and adults the working (C) Drug Treatment. (1) Treatment (vi) Funding is not permitted for knowledge and skills they need to make funded under this program shall be in treatment of residents at any in-patient informed decisions to confront the or around the premises of the federally medical treatment programs/facilities. potential and immediate dangers of assisted low-income housing projects (vii) Funding is not permitted for illegal drugs. Grantees may contract (in proposed for funding. detoxification procedures, short term or accordance with 24 CFR part 85.36) (2) Funds awarded under this long term, designed to reduce or with drug education professionals to program shall be targeted towards the eliminate the presence of toxic provide appropriate training or development and implementation of substances in the body tissues of a workshops. The drug education new drug referral treatment services patient. professionals contracted to provide and/or aftercare, or the improvement or (viii) Funding is not permitted for these services shall be required to base expansion of such program services for maintenance drug programs. their services upon the program plan of residents. Maintenance drugs are medications that the grantee. These educational (3) Each proposed drug treatment are prescribed regularly for a long opportunities may be a part of resident program should address the following period of supportive therapy (e.g., meetings, youth activities, or other goals: methadone maintenance), rather than gatherings of residents. (i) Increase resident accessibility to for immediate control of a disorder. (2) Family and Other Support drug treatment services; (iii) Resident Councils (RCs). Services. Drug prevention programs (ii) Decrease criminal activity in and Providing funding to resident councils must demonstrate that they will provide around federally assisted low-income to strengthen their role in developing directly or otherwise make available housing projects by reducing illicit drug programs of eligible activities involving services designed to distribute drug use among residents; and site residents is eligible for funding education information, to foster (iii) Provide services designed for under this program. effective parenting skills, and to provide youth and/or maternal drug abusers (2) Ineligible Activities. Funding is not referrals for treatment and other (e.g., prenatal/postpartum care, permitted for any activities listed below: (i) Any activity or improvement that available support services in the project specialized counseling in women’s is normally funded from project or the community for federally-assisted issues, parenting classes, or other drug operating revenues for routine low-income housing families. supportive services). maintenance or repairs, or those (3) Youth Services. Drug prevention (4) Approaches that have proven activities or improvements that may be programs must demonstrate that they effective with similar populations will funded through reasonable and have included groups composed of be considered for funding. Programs affordable rent increases; young people as a part of their should meet the following criteria: (ii) The acquisition of real property or prevention programs. These groups (i) Applicants may provide the service physical improvements that involve the must be coordinated by adults with the of formal referral arrangements to other demolition of any units in the project or active participation of youth to organize treatment programs not in or around the displacement of tenants. youth leadership, sports, recreational, project when the resident is able to (iii) Costs incurred prior to the cultural, and other activities involving obtain treatment costs from sources effective date of the grant agreement, housing youth. The dissemination of other than this program. Applicants may including, but not limited to, consultant drug education information, the also provide transportation for residents fees for surveys related to the development of peer leadership skills, to out-patient treatment and/or support application or its preparation; and other drug prevention activities programs. (iv) Reimbursement of local law must be a component of youth services. (ii) Provide family/collateral enforcement agencies for additional Activities or services funded under this counseling. security and protective services; program may not also be funded under (iii) Provide linkages to educational/ (v) The employment of one or more the Youth Sports Program. vocational counseling. individuals: (4) Economic/Educational (iv) Provide coordination of services (A) To investigate drug-related crime Opportunities for Residents and Youth. to appropriate local drug agencies, HIV- on or about the real property comprising Drug prevention programs should related service agencies, and mental any federally assisted low-income demonstrate a capacity to provide health and public health programs. project; and residents the opportunity for referral to (v) Applicants must demonstrate a (B) To provide evidence relating to established higher education or working partnership with the Single such crime in any administrative or vocational institutions with the goal of State Agency or State license provider judicial proceeding; developing or building on the residents’ or authority with drug program (vi) The provision of training, skills to pursue educational, vocational, coordination responsibilities to communications equipment, and other and economic goals. The program must coordinate, develop, and implement the related equipment for use by voluntary also demonstrate the ability to provide drug treatment proposal. In particular, tenant patrols acting in cooperation residents the opportunity to interact applicants must review and determine with local law enforcement officials. with private sector businesses in their with the Single State Agency or State (3) Eligible Applicants. The applicant immediate community for the same license provider or authority with drug must be the owner of a federally assisted desired goals. program coordination responsibilities low-income housing project under: (B) Intervention. The aim of whether: (i) Section 221(d)(3), section 221(d)(4) intervention is to identify federally (A) The drug treatment provider(s) or 236 of the National Housing Act. assisted low-income housing resident has provided drug treatment services to (Note, however, that only section drug users and assist them in modifying similar populations, identified in the 221(d)(4) and section 221(d)(3) market their behavior and in obtaining early application, for two prior years; and rate projects with project-based treatment, if necessary. The applicant (B) The drug treatment proposal is assistance contracts are considered must establish a program with the goal consistent with the State treatment plan federally assisted low-income housing. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9547 Therefore, section 221(d)(4) and section (A) A grantee may directly undertake awarded or to the point where there are 221(d)(3) market rate projects with any of the eligible activities under this insufficient acceptable applications for tenant-based assistance contracts are not NOFA or it may contract with a which to award funds. Grants under this considered federally assisted low- qualified third party, including program are categorically excluded from income housing and are not eligible for incorporated Resident Councils (RCs). review under the National funding.) Resident groups that are not Environmental Policy Act of 1969 (ii) Section 101 of the Housing and incorporated RCs may share with the (NEPA) (42 U.S.C. 4321). However, prior Urban Development Act of 1965; or grantee in the implementation of the to the award of grant funds under the (iii) Section 8 of the United States program, but may not receive funds as program, HUD will perform an Housing Act of 1937. subgrantees. environmental review to the extent (4) General Grant Requirements. The (B) Subgrants or cash contributions to required under the provisions of 24 CFR following requirements apply to all incorporated RCs may be made only 50.4. Each application submitted will be activities, programs, or functions used under a written agreement executed evaluated on the basis of the following to plan, budget, and evaluate the work between the grantee and the RC. The selection criteria: funded under this program. agreement must include a program (i) After applications have been budget that is acceptable to the grantee (1) The Quality of the Plan To Address ranked and selected, HUD and the and that is otherwise consistent with the the Problem (Maximum Points: 50) applicant shall enter into a grant grant application budget. The agreement agreement setting forth the amount of must obligate the incorporated RC to In assessing this criterion, HUD will the grant, the physical improvements or permit the grantee to inspect and audit consider the following factors: other eligible activities to be the RC financial records related to the (i) The quality of the applicant’s plan undertaken, financial controls, and agreement, and to account to the grantee to address the drug-related crime special conditions, including sanctions on the use of grant funds and on the problem, and the problems associated for violation of the agreement. implementation of program activities. In with drug-related crime, in the projects (ii) The policies, guidelines, and addition, the agreement must describe proposed for funding, and how well the requirements of this NOFA, 48 CFR part the nature of the activities to be activities proposed for funding fit in 31, other applicable OMB cost undertaken by the subgrantee, the scope with the plan. (maximum points: 10) principles, HUD program regulations, of the subgrantee’s authority, and the (ii) The anticipated effectiveness of HUD Handbooks, and the terms of amount of insurance to be obtained by the plan and the proposed activities in grant/special conditions and subgrant the grantee and the subgrantee to protect reducing or eliminating drug-related agreements apply to the acceptance and their respective interests. use of assistance by grantees and will be (C) The grantee shall be responsible crime problems over an extended followed in determining the for monitoring, and for providing period. (maximum points: 10) reasonableness and allocability of costs. technical assistance to, any subgrantee (iii) How the activities identified in All costs must be reasonable and to ensure compliance with HUD the plan will affect and address the necessary. program requirements, including OMB problem of drug-related crime in (iii) The term of funded activities may Circular Nos. A–110 and A–122, that adjacent properties. (maximum points: not exceed 12 months. apply to the acceptance and use of 5) (iv) Owners must ensure that any assistance by private nonprofit (iv) Evidence that the proposed funds received under this program are organizations. The procurement activities have been found successful in not commingled with other HUD or requirements of Attachment O of similar circumstances in terms of project operating funds. Circular A–110 apply to RCs. The controlling drug-related crime. (v) To avoid duplicate funding, grantee must also ensure that (maximum points: 5) owners must establish controls to assure subgrantees have appropriate insurance that any funds from other sources, such liability coverage. (v) Whether the property is located as Reserve for Replacement or Rent within an area identified as having a (d) Selection Criteria and Ranking Increases, are not used to fund the Safe Neighborhood Action Plan (SNAP) Factors physical improvements to be or similar plan or program designated undertaken under this program. HUD will review each application to for combatting drug-related criminal (vi) Employment preference. A determine that it meets the requirements activity. (20 points if so located, 0 grantee under this program shall give of this NOFA and to assign points in points if not.) preference to the employment of accordance with the selection criteria. A (2) The Support of Local Government/ residents, and comply with section 3 of total of 200 points is the maximum Law Enforcement Agencies (Maximum the Housing and Urban Development score available under the selection Points: 20) Act of 1968 and 24 CFR part 135, to criteria. An application must receive a carry out any of the eligible activities score of at least 151 points out of the In assessing this criterion, HUD will under this part, so long as such maximum of 200 points that may be consider the following factors: residents have qualifications and awarded under this competition to be (i) Evidence that the project owner training comparable to nonresident eligible for funding. After assigning has sought assistance in deterring drug- applicants. points to each application, HUD Offices (vii) Termination of funding. HUD will rank the applications in order. The related crime problems and the extent to may terminate funding if the grantee Award Office will select the highest which the owner has participated in fails to undertake the approved program ranking application from each HUD programs that are available from local activities on a timely basis in Office whose eligible activities can be governments or law enforcement accordance with the grant agreement, fully funded. The Award Office will agencies; (maximum points: 10) and adhere to grant agreement requirements then select the highest scored unfunded (ii) The level of support by the local or special conditions, or submit timely application submitted to it regardless of government or law enforcement agency and accurate reports. Field Office and continue the process for the applicant’s proposed activities (viii) Subgrants (subcontracting). until all funds allocated to it have been (Maximum points: 10) 9548 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices (3) The Extent of the Drug-Related application (original and one copy) tenants known or suspected to exhibit Crime Problem in the Housing Project must be received by the deadline at the drug-related criminal behavior. Proposed for Assistance (Maximum appropriate HUD Office with (c) Each applicant for funding for Points: 50) jurisdiction over the applicant project, physical improvements must submit a written plan fully describing the In assessing this criterion, HUD will Attention: Director of Multifamily physical improvements to be consider the degree of severity of the Housing. It is not sufficient for the undertaken with dollar costs per unit for drug-related crime problem in the application to bear a postage date within each item. This plan must be signed by project proposed for funding, as the submission time period. the owner. demonstrated by the information Applications submitted by facsimile (‘‘FAX’’) are not acceptable and will not (d) Each applicant must submit a required to be submitted under section letter from the local government or III.(h) of this NOFA. be considered. Applications received after the deadline will not be police (law enforcement) agency that (4) The Support of Residents in considered. No applications will be describes the type of drug-related crime Planning and Implementing the accepted after 4:00 p.m. (local time) for in the project proposed for grant Proposed Activities. (Maximum Points: the appropriate HUD Office on April 18, funding and its immediate environs, 30) 1995. This application deadline is firm and expresses a commitment to assist the owner in taking steps to reduce or In assessing this criterion, HUD will as to date and hour. In the interest of fairness to all competing applicants, the eliminate the drug-related crime consider the following factors: problems of the project. (i) Evidence that comments and Department will treat as ineligible for consideration any application that is (e) A description of the procedure suggestions have been sought from used to involve residents in the residents to the proposed plan for this received after the deadline. Applicants should take this practice into account development of the plan and written program and the degree to which summaries of any comments and residents will be involved in and make early submission of their materials to avoid any risk of loss of suggestions received from residents on implementation. (maximum points: 20) the proposed plan, along with evidence eligibility brought about by (ii) Evidence of resident support for that the owner carefully considered the unanticipated delays or other delivery- the proposed plan. (maximum points: comments of residents and incorporated related problems. 10) their suggestions in the plan, when (5) Capacity of Owner and Management (c) Application Notification practical. To Undertake the Proposed Activities: HUD will notify all applicants (f) A description of the support of (Maximum Points: 50) whether or not they were selected for residents for the proposed activities and funding. the ways in which residents will be In assessing this criterion, HUD will involved in implementing the plan. consider the following: III. Checklist of Application Letters of support from residents or a (i) The most recent Management Submission Requirements resolution from the resident Review completed by the HUD Office. To qualify for a grant under this organization may be used. (Note: The HUD Office will conduct (g) A copy of the most recent another management review after program, an applicant must submit an application to HUD that contains the management review performed by HUD application submission if the most and evidence supporting the capacity of recent management review is more than following: (a) Application for Federal Assistance the owner and management to one year old). (maximum points: 40) undertake the proposed activities. (ii) Submission of evidence that form (Standard Form SF–424 and SF– 424A). The form must be signed by the (h) Detailed information, such as local project owners have initiated other government and police reports, efforts to reduce drug-related crime by applicant. (b) A description of the applicant’s evidencing the degree of drug-related working with tenant/law enforcement plan for addressing the problem of drug- crime in the project and adjacent groups (e.g., establishment of ‘‘Tenant related crime in the projects for which properties to demonstrate the degree of Watches’’ or similar efforts). (maximum funding is sought, which should include severity of the drug-related crime points: 5) the activities to be funded under this problem. This information may consist (iii) Submission of evidence that program along with all other initiatives of: project management carefully screens being undertaken by the applicant. The (1) Objective data. The best available applicants for units and takes description should also include a objective data on the nature, source, and appropriate steps to deal with tenants discussion of: extent of the problem of drug-related known or suspected to exhibit drug- (1) The anticipated effectiveness of crime, and the problems associated with related criminal behavior. (maximum the plan and the proposed activities in drug-related crime. These data may points: 5) reducing or eliminating drug-related include (but are not necessarily limited II. Application Process crime problems over an extended to) crime statistics from Federal, State, period. tribal or local law enforcement agencies, (a) Application Form (2) How the activities identified in the or information from the applicant’s An application form may be obtained plan will affect and address the problem records on the types and sources of from the HUD Office having jurisdiction of drug-related crime in adjacent drug-related crime in the project over the location of the applicant properties. proposed for assistance; descriptive data project. The HUD Office will be (3) Other efforts that project owners as to the types of offenders committing available to provide technical assistance have initiated to reduce drug-related drug-related crime in the applicant’s on the preparation of applications crime by working with tenant/law project (e.g., age, residence, etc.); the during the application period. enforcement groups (e.g., establishment number of lease terminations or of ‘‘Tenant Watches’’ or similar efforts). evictions for drug-related criminal (b) Application Submission (4) Procedures that project activity; the number of emergency room A separate application must be management uses to screen applicants admissions for drug use or drug-related submitted for each project. An for units and steps taken to deal with crime; the number of police calls for Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9549 drug-related criminal activity; the other local authority with drug program implementing regulations at 24 CFR part number of residents placed in treatment coordination responsibilities concerning 107; and title VI of the Civil Rights Act for substance abuse; and the school its application; and that the proposed of 1964 (42 U.S.C. 2000d–2000d–4) drop-out rate and level of absenteeism drug treatment program has been (Nondiscrimination in Federally for youth. If crime statistics are not reviewed by the relevant Single State Assisted Programs) and implementing available at the project or precinct level, Agency or other local authority and that regulations issued at 24 CFR part 1; the applicant may use other reliable, it is consistent with the State treatment (2) The prohibitions against objective data including those derived plan; and that the relevant Single State discrimination on the basis of age under from the owner’s records or those of Agency or other local authority has the Age Discrimination Act of 1975 (42 private groups that collect such data. determined that the drug treatment U.S.C. 6101–07) and implementing The crime statistics should be reported provider(s) has provided drug treatment regulations at 24 CFR part 146, and the both in real numbers, and as a services to similar populations, prohibitions against discrimination percentage of the residents in each identified in the application, for two against handicapped individuals under project (e.g., 20 arrests for distribution prior years. section 504 of the Rehabilitation Act of of heroin in a project with 100 residents (j) Drug-free workplace. The 1973 (29 U.S.C. 794) and implementing reflects a 20 percent occurrence rate). certification with regard to the drug-free regulations at 24 CFR part 8; The data should cover the past three- workplace required by 24 CFR part 24, (3) The requirements of Executive year period and, to the extent feasible, subpart F and appendix C. Order 11246 (Equal Employment should indicate whether these data (k) Disclosure of Lobbying Activities. Opportunity) and the regulations issued reflect a percentage increase or decrease If the amount applied for is greater than under the Order at 41 CFR Chapter 60; in drug-related crime over the past $100,000, the certification with regard (4) The requirements of Executive several years. Applicants must address to lobbying required by 24 CFR part 87 Orders 11625, 12432, and 12138. in their assessment how these crimes must be included. See section VI.(h), Consistent with HUD’s responsibilities have affected the project and how the below, of this NOFA. If the amount under these Orders, recipients must applicant’s overall plan and strategy is applied for is greater than $100,000, and make efforts to encourage the use of specifically tailored to address these the applicant has made or has agreed to minority and women’s business drug-related crime problems. make any payment using enterprises in connection with funded (2) Other data on the extent of drug- nonappropriated funds for lobbying activities. related crime. To the extent that activity, as described in 24 CFR part 87, (b) Environmental Impact objective data as described under the submission must also include the At the time of the publication of the paragraph (1) of this section may not be Disclosure of Lobbying Activities Form available, or to complement that data, proposed rule for the Federally Assisted (SF–LLL). Low Income Housing Drug Elimination the assessment may use relevant (l) Form HUD–2880, Applicant/ Program, a Finding of No Significant information from other sources that Recipient Disclosure/Update Report. have a direct bearing on drug-related Impact with respect to the environment crime problems in the project proposed IV. Corrections to Deficient was made in accordance with HUD for assistance. However, if other Applications regulations at 24 CFR part 50 that relevant information is to be used in HUD will notify the applicant within implement section 102(2)(C) of the place of, rather than to complement, 10 working days of the receipt of the National Environmental Policy Act of objective data, the application must application if there are any curable 1969 (42 U.S.C. 4332). The initial indicate the reason(s) why objective technical deficiencies in the finding applies to this NOFA, and is data could not be obtained and what application. Curable technical available for public inspection and efforts were made to obtain it. Examples deficiencies relate to minimum copying from 7:30 to 5:30 weekdays in of other data include: resident/staff eligibility requirements (such as the Office of the Rules Docket Clerk, surveys on drug-related issues or on-site certifications and signatures) that are Room 10276, 451 Seventh Street, SW., reviews to determine drug activity; the necessary for funding approval but that Washington, DC 20410. use of local government or scholarly do not relate to the quality of the (c) Federalism Impact studies or other research conducted in applicant’s program proposal under the The General Counsel, as the the past year that analyze drug activity selection criteria. The owner must in the targeted project; vandalism costs Designated Official under section 6(a) of submit corrections in accordance with Executive Order 12612, Federalism, has and related vacancies attributable to the information provided by HUD drug-related crime; information from determined that the provisions of this within 14 calendar days of the date of NOFA do not have federalism schools, health service providers, the HUD notification. residents and police; and the opinions implications within the meaning of the and observations of individuals having V. Other Matters Order. The NOFA announces the direct knowledge of drug-related crime availability of funds and provides the (a) Nondiscrimination and Equal application requirements for Federally problems concerning the nature and Opportunity extent of those problems in the project Assisted Low Income Housing Drug proposed for assistance. (These The following nondiscrimination and Elimination Grants, which fund individuals may include law equal opportunity requirements apply: activities designed to deter drug-related enforcement officials, resident or (1) The requirements of Title VIII of crime. Deterring drug-related crime is a community leaders, school officials, the Civil Rights Act of 1968 (Fair recognized goal of general benefit community medical officials, drug Housing Act) (42 U.S.C. 3600–20) and without direct implications on States or treatment or counseling professionals, implementing regulations issued at their political subdivisions, or the or other social service providers.) subchapter A of title 24 of the Code of relationship between the Federal (i) If applying for drug treatment Federal Regulations, as amended by 54 government and the States, or on the program funding, a certification that the FR 3232 (published January 23, 1989); distribution of power and applicant has notified and consulted Executive Order 11063 (Equal responsibilities among various levels of with the relevant Single State Agency or Opportunity in Housing) and government. 9550 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices (d) Family Impact NOFA. Update reports (also Form 2880) on May 17, 1991 (56 FR 22912). If The General Counsel, as the will be made available along with the readers are involved in any efforts to Designated Official under Executive applicant disclosure reports, but in no influence HUD in these ways, they are Order 12606, The Family, has case for a period less than three years. urged to read the final rule, particularly determined that the policies announced All reports—both applicant disclosures the examples contained in Appendix A in this NOFA would not have potential and updates—will be made available in of the rule. for significant impact on family accordance with the Freedom of Information Act (5 U.S.C. 552) and (h) Prohibition Against Lobbying formation, maintenance, and general Activities well-being, except indirectly to the HUD’s implementing regulations at 24 extent of the social and other benefits CFR part 15. (See 24 CFR subpart C, and The use of funds awarded under this expected from this program of the notice published in the Federal NOFA is subject to the disclosure assistance. Register on January 16, 1992 (57 FR requirements and prohibitions of 1942), for further information on these section 319 of the Department of Interior (e) Section 102 HUD Reform Act disclosure requirements.) and Related Agencies Appropriations Applicant/Recipient Disclosures (f) Section 103 HUD Reform Act Act for Fiscal Year 1990 (31 U.S.C. Accountability in the Provision of HUD HUD’s regulation implementing 1352) (the Byrd Amendment) and the Assistance section 103 of the Department of implementing regulations at 24 CFR part HUD has promulgated a final rule to Housing and Urban Development 87. These authorities prohibit recipients implement section 102 of the Reform Act of 1989 was published May of federal contracts, grants, or loans Department of Housing and Urban 13, 1991 (56 FR 22088) and became from using appropriated funds for Development Reform Act of 1989 (HUD effective on June 12, 1991. That lobbying the executive or legislative Reform Act). The final rule is codified regulation, codified at 24 CFR part 4, branches of the federal government in at 24 CFR part 12. Section 102 contains applies to this funding competition. The connection with a specific contract, a number of provisions that are requirements of the rule continue to grant, or loan. The prohibition also designed to ensure greater apply until the announcement of the covers the awarding of contracts, grants, accountability and integrity in the selection of successful applicants. cooperative agreements, or loans unless provision of certain types of assistance HUD employees involved in the the recipient has made an acceptable administered by HUD. On January 14, review of applications and in the certification regarding lobbying. Under 1992, HUD published in the Federal making of funding decisions are limited 24 CFR part 87, applicants, recipients, Register (57 FR 1942) additional by 24 CFR part 4 from providing and subrecipients of assistance information that gave the public advance information to any person exceeding $100,000 must certify that no (including applicants for, and recipients (other than an authorized employee of federal funds have been or will be spent of, HUD assistance) further information HUD) concerning funding decisions, or on lobbying activities in connection on the implementation of section 102. from otherwise giving any applicant an with the assistance. Indian Housing The documentation, public access, and unfair competitive advantage. Persons Authorities (IHAs) established by an disclosure requirements of section 102 who apply for assistance in this Indian tribe as a result of the exercise of are applicable to assistance awarded competition should confine their their sovereign power are excluded from under this NOFA as follows: inquiries to the subject areas permitted coverage, but IHAs established under under 24 CFR part 4. Applicants who State law are not excluded from Documentation and Public Access have general questions about what coverage. HUD will ensure that documentation information may be discussed with Authority: 42 U.S.C. 11901 et. seq. and other information regarding each them during the selection may contact Dated: January 31, 1995. application submitted pursuant to this the HUD Office of Ethics (202) 708–3815 Nicolas P. Retsinas, NOFA are sufficient to indicate the basis or (202) 708–9300 (TDD). (These are not upon which assistance was provided or Assistant Secretary for Housing—Federal toll-free numbers.) Housing Commissioner. denied. This material, including any letters of support, will be made (g) Section 112 HUD Reform Act Appendix A: Field Office Addresses and available for public inspection for a five- Section 13 of the Department of Telephone Numbers year period beginning not less than 30 Housing and Urban Development Act Note: The first line of the mailing address days after the award of the assistance. contains two provisions dealing with for all offices is U.S. Department of Housing Material will be made available in efforts to influence HUD’s decisions and Urban Development. Telephone numbers accordance with the Freedom of with respect to financial assistance. The listed are not toll-free. Information Act (5 U.S.C. 552) and first imposes disclosure requirements on HUD—New England Area HUD’s implementing regulations at 24 those who are typically involved in Connecticut State Office, First Floor, 330 CFR part 15. In addition, HUD will these efforts—those who pay others to Main Street, Hartford, CT 06106–1860, include the recipients of assistance influence the award of assistance or the (203) 240–4523 pursuant to this NOFA in its quarterly taking of a management action by HUD Maine State Office, 99 Franklin Street, Federal Register notice of all recipients and those who are paid to provide the Bangor, ME 04401–4925, (207) 945–0467 of HUD assistance awarded on a influence. The second restricts the Massachusetts State Office, Room 375, competitive basis. (See 24 CFR 12.14(a) payment of fees to those who are paid Thomas P. O’Neill, Jr. Federal Building, 10 and 12.16(b), and the notice published to influence the award of HUD Causeway Street, Boston, MA 02222–1092, in the Federal Register on January 16, assistance, if the fees are tied to the (617) 565–5234 New Hampshire State Office, Norris Cotton 1992 (57 FR 1942), for further number of housing units received or are Federal Building, 275 Chestnut Street, information on these requirements.) based on the amount of assistance Manchester, NH 03101–2487, (603) 666– Disclosures. HUD will make available received, or if they are contingent upon 7681 to the public for five years all applicant the receipt of assistance. Rhode Island State Office, Sixth Floor, 10 disclosure reports (HUD Form 2880) Section 13 was implemented by final Weybosset Street, Providence, RI 02903– submitted in connection with this rule published in the Federal Register 2808, (401) 528–5351 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9551 Vermont State Office, Room 244, Federal Tennessee State Office, Suite 200, 251 Texas State Office, 1600 Throckmorton Building, 11 Elmwood Ave., P.O. Box 879, Cumberland Bend Drive, Nashville, TN Street, P.O. Box 2905, Fort Worth, TX Burlington, VT 05402–0879, (802) 951– 37228–1803, (615) 736–5213 76113–2905, (817) 885–5401 6290 Coral Gables Area Office, Gables 1 Tower, Dallas Area Office, Room 860, 525 Griffin 1320 South Dixie Highway, Coral Gables, Street, Dallas, TX 75202–5007, (214) 767– HUD—New York, New Jersey Area FL 33146–2911, (305) 662–4500 8359 New Jersey State Office, Thirteenth Floor, Jacksonville Area Office, Suite 2200, Houston Area Office, Suite 200, Norfolk One Newark Center, Newark, NJ 07102– Southern Bell Tower, 301 West Bay Street, Tower, 2211 Norfolk, Houston, TX 77098– 5260, (201) 622–7900 Jacksonville, FL 32202–5121, (904) 232– 4096, (713) 834–3274 New York State Office, 26 Federal Plaza, New 2626 Lubbock Area Office, Federal Office York, NY 10278–0068, (212) 264–6500 Knoxville Area Office, Third Floor, John J. Building, 1205 Texas Avenue, Lubbock, TX Albany Area Office, 52 Corporate Circle, Duncan Federal Building, 710 Locust 79401–4093, (806) 743–7265 Albany, NY 12203–5121, (518) 464–4200 Street, Knoxville, TN 37902–2526, (615) San Antonio Area Office, Washington Buffalo Area Office, Fifth Floor, Lafayette 545–4384 Square, 800 Dolorosa Street, San Antonio, Memphis Area Office, Suite 1200, One Court, 465 Main Street, Buffalo, NY 14203– TX 78207–4563, (210) 229–6800 Memphis Place, 200 Jefferson Avenue, 1780, (716) 846–5755 Shreveport Area Office, Suite 1510, 401 Memphis, TN 38103–2335, (901) 544–3367 Edwards Street, Shreveport, LA 71101– Camden Area Office, Second Floor, Hudson Orlando Area Office, Suite 270, Langley 3107, (318) 676–3385 Building, 800 Hudson Square, Camden, NJ Building, 3751 Maguire Boulevard, Tulsa Area Office, Suite 110, Boston Place, 08102–1156, (609) 757–5081 Orlando, FL 32803–3032, (407) 648–6441 1516 South Boston Street, Tulsa, OK HUD—Midatlantic Area Tampa Area Office, Suite 700, Timberlake 74119–4032, (918) 581–7434 Federal Building Annex, 501 East Polk Delaware State Office, Suite 850, 824 Market Street, Tampa, FL 33602–3945, (813) 228– Great Plains Street, Wilmington, DE 19801–3016, (302) 2501 Iowa State Office, Room 239, Federal 573–6300 Building, 210 Walnut Street, Des Moines, District of Columbia Office, 820 First Street, HUD—Midwest Area IA 50309–2155, (515) 284–4512 NE, Washington, D.C. 20002–4502, (202) Illinois State Office, Ralph H. Metcalfe Kansas/Missouri State Office, Room 200, 275–9200 Federal Building, 77 West Jackson Gateway Tower II, 400 State Avenue, Maryland State Office, Fifth Floor, City Boulevard, Chicago, IL 60604–3507, (312) Kansas City, KS 66101–2406, (913) 551– Crescent Building, 10 South Howard 353–5680 5462 Street, Baltimore, MD 21201–2505, (401) Indiana State Office, 151 North Delaware Nebraska State Office, Executive Tower 962–2520 Street, Indianapolis, IN 46204–2526, (317) Centre, 10909 Mill Valley Road, Omaha, Pennsylvania State Office, Liberty Square 226–6303 NE 68154–3955, (402) 492–3100 Building, 105 South 7th Street, Michigan State Office, Patrick V. McNamara Saint Louis Area Field Office, Third Floor, Philadelphia, PA 19106–3392, (215) 597– Federal Building, 477 Michigan Avenue, Robert A. Young Federal Building, 1222 2560 Detroit, MI 48226–2592, (313) 226–7900 Spruce Street, St. Louis, MO 63103–2836, Virginia State Office, The 3600 Centre, 3600 Minnesota State Office, 220 Second Street, (314) 539–6583 West Broad Street, P.O. Box 90331, South, Minneapolis, MN 55401–2195, HUD—Rocky Mountains Area Richmond, VA 23230–0331, (804) 278– (612) 370–3000 4507 Ohio State Office, 200 North High Street, Colorado State Office, 633 17th Street, West Virginia State Office, Suite 708, 405 Columbus, OH 43215–2499, (614) 469– Denver, CO 80202–3607, (303) 672–5440 Capitol Street, Charleston, WV 25301– 5737 Montana State Office, Room 340, Federal 1795, (304) 347–7000, Wisconsin State Office, Suite 1380, Henry S. Office Building, Drawer 10095, 301 S. Park, Pittsburgh Area Office, 412 Old Post Office Reuss Federal Plaza, 310 West Wisconsin Helena, MT 59626–0095, (406) 449–5205 Courthouse, 7th Avenue and Grant Street, Avenue, Milwaukee, WI 53203–2289, (414) North Dakota State Office, Federal Building, Pittsburgh, PA 15219–1906, (412) 644– 297–3214 653 2nd Avenue North, P.O. Box 2483, 6428 Cincinnati Area Office, Room 9002 Federal Fargo, ND 58108–2483, (701) 239–5136 Office Building, 550 Main Street, South Dakota State Office, Suite I–201, 2400 HUD—Southeast/Caribbean Area Cincinnati, OH 45202–3253, (513) 684– West 49th Street, Sioux Falls, SD 57105– Alabama State Office, Suite 300, Beacon 2884 6558, (605) 330–4223, Ridge Tower, 600 Beacon Parkway, West, Cleveland Area Office, Fifth Floor, Utah State Office Suite 550, 257 Tower, 257 Birmingham, AL 35209–3144, (205) 290– Renaissance Building, 1350 Euclid East, 200 South, Salt Lake City, UT 84111– 7617 Avenue, Cleveland, OH 44115–1815, (216) 2048 Caribbean Office, New San Juan Office 522–4058 Wyoming State Office, 4225 Federal Office Building, 159 Carlos Chardon Avenue, San Flint Area Office, Room 200, 605 North Building, 100 East B Street, P.O. Box 120, Juan, PR 00918–1804, (809) 766–6121 Saginaw Street, Flint, MI 48502–1953, Casper, WY 82602–1918, (307) 261–5252 (313) 766–5109 Florida State Office, Suite 3100, 8600 Grand Rapids Area Office, 2922 Fuller HUD—Pacific/Hawaii Area Northwest 36th Street, P.O. Box 4022, Avenue, NE, Grand Rapids, MI 49505– Arizona State Office, Suite 1600, Two Miami, FL 33166–4022, (305) 717–2500 3499, (616) 456–2100 Arizona Center, 400 North 5th Street, Georgia State Office, Richard B. Russell Springfield Area Office, Suite 206, 509 West Phoenix, AZ 85004–2361, (602) 379–4434 Federal Building, 75 Spring Street, S.W., Capitol Street, Springfield, IL 62704–1906, California State Office, Philip Burton Federal Atlanta, GA 30303–3388, (404) 331–5136 (217) 492–4085 Building and U.S. Courthouse, 450 Golden Kentucky State Office, 601 West Broadway, Gate Avenue, P.O. Box 36003, San P.O. Box 1044, Louisville, KY 40201–1044, HUD—Southwest Area Francisco, CA 94102–3448, (415) 556–4752 (502) 582–5251 Arkansas State Office, Suite 900, TCBY Hawaii State Office, Suite 500, 7 Waterfront Mississippi State Office, Suite 910, Doctor Tower, 425 West Capitol Avenue, Little Plaza, 500 Ala Moana Boulevard, A.H. McCoy Federal Building, 100 West Rock, AR 72201–3488 (501) 324–5931, Honolulu, HI 96813–4918, (808) 522–8175 Capitol Street, Jackson, MS 39269–1016, Louisiana State Office, Fisk Federal Building, Nevada State Office, Suite 205, 1500 E. (601) 965–5308 1661 Canal Street, New Orleans, LA Tropicana Avenue, Las Vegas, NV 89119– North Carolina State Office, Koger Building, 70112–2887 (504) 589–7200, 6516, (702) 388–6500 2306 West Meadowview Road, Greensboro, New Mexico State Office, 625 Truman Street, Fresno Area Office, Suite 138, 1630 E. Shaw NC 27407–3707, (919) 547–4001 NE, Albuquerque, NM 87110–6443 (505) Avenue, Fresno, CA 93710–8193, (209) South Carolina State Office, Strom 262–6463 487–5033 Thurmond Federal Building, 1835 Oklahoma State Office, Murrah Federal Los Angeles Area Office, 1615 West Olympic Assembly Street, Columbia, SC 29201– Building, 200 N.W. 5th Street, Oklahoma Boulevard, Los Angeles, CA 90015–3801, 2480, (803) 765–5592 City, OK 73102–3202, (405) 231–4181 (213) 251–7122 9552 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Reno Area Office, Suite 114, 1575 Delucchi Tucson Area Office, Suite 700, Security Oregon State Office, 520 S.W. 6th Avenue, Lane, Reno, NV 89502–6581, (702) 784– Pacific Bank Plaza, 33 North Stone Portland, OR 97204–1596, (503) 326–2561 5356 Avenue, Tucson, AZ 85701–1467, (602) Washington State Office, Suite 200, Seattle Sacramento Area Office, Suite 200, 777 12th 670–6237 Federal Office Building, 909 First Avenue, Avenue, Sacramento, CA 95814–1997, Seattle, WA 98104–1000, (206) 220–5101 (916) 551–1351 HUD—Northwest/Alaska Area San Diego Area Office, Suite 300, Mission Alaska State Office, Suite 401, University Spokane Area Office, Eighth Floor East, Farm City Corporate Center, 2365 Northside Plaza Building, 949 East 36th Avenue, Credit Bank Building, West 601 First Drive, San Diego, CA 92108–2712, (619) Anchorage, AK 99508–4399, (907) 271– Avenue, Spokane, WA 99204–0317, (509) 557–5310 4170 353–2510 Santa Ana Area Office, Suite 500, 3 Hutton Idaho State Office, Suite 220, Plaza IV, 800 [FR Doc. 95–3995 Filed 2–16–95; 8:45 am] Centre, Santa Ana, CA 92707–5764, (714) Park Boulevard, Boise, ID 83712–7743, 957–7333 (208) 334–1990 BILLING CODE 4210±27±P federal register February 17,1995 Friday Rule Owl onNon-FederalLands;Proposed Conservation oftheNorthernSpotted Plants; ProposedSpecialRuleforthe Endangered andThreatenedWildlife 50 CFRPart17 Fish andWildlifeService Interior Department ofthe Part III 9483 9484 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules DEPARTMENT OF THE INTERIOR and the potential environmental effects Management: An Ecological, Economic, of its implementation. A Draft and Social Assessment, which drew Fish and Wildlife Service Environmental Impact Statement (DEIS) heavily upon previous scientific studies is being developed to accompany this conducted on the northern spotted owl. 50 CFR Part 17 proposed rule and will be published On July 1, 1993, the President identified RIN 1018±AD20 soon after the proposed rule. The end of ‘‘Option 9’’ in the FEMAT Report as the the comment period on this proposed preferred alternative for managing Endangered and Threatened Wildlife rule will be extended to coincide with Federal LSOG-forests in northern and Plants; Proposed Special Rule for the end of the public comment period California, Oregon, and Washington. the Conservation of the Northern on the DEIS. The proposed management scenario Spotted Owl on Non-Federal Lands ADDRESSES: Comments and materials under Option 9 of FEMAT established a system of late-successional forest and AGENCY: Fish and Wildlife Service, concerning this proposed rule should be riparian reserves that would, in Interior. sent to Mr. Michael J. Spear, Regional Director, Region 1, U.S. Fish and conjunction with Administratively ACTION: Proposed Special Rule. Wildlife Service, 911 N.E. 11th Avenue, withdrawn and Congressionally SUMMARY: The implementing regulations Portland, Oregon 97232–4181. The reserved areas, provide the foundation for threatened wildlife generally complete file for this proposed rule will of protected ‘‘old growth’’ habitat that incorporate the prohibitions of Section be available for public inspection, by would benefit spotted owls, marbled 9 of the Endangered Species Act (Act) appointment during normal business murrelets, salmon and many other old of 1973, as amended, for endangered hours, at the above address. growth associated species; adaptive wildlife, except when a ‘‘special rule’’ FOR FURTHER INFORMATION CONTACT: Mr. management areas (AMAs) and promulgated pursuant to Section 4(d) of Curt Smitch, Assistant Regional surrounding ‘‘matrix’’ lands would the Act has been issued with respect to Director, North Pacific Coast Ecosystem, constitute the remaining forest a particular threatened species. At the 3704 Griffin Lane SE, Suite 102, management designations on Federal time the northern spotted owl, Strix Olympia, Washington 98501 (206/534– lands in the planning area. Future occidentalis caurina, (spotted owl) was 9330); or Mr. Gerry Jackson, Deputy timber harvesting activities on Federal listed as a threatened species in 1990, Assistant Regional Director, North lands within the range of the northern the Fish and Wildlife Service (Service) Pacific Coast Ecosystem, 911 N.E. 11th spotted owl were expected to occur did not promulgate a special section Avenue, Portland Oregon 97232–4181, primarily in AMAs and Federal lands determined to constitute the ‘‘matrix.’’ 4(d) rule and, therefore, all of the (503/231–6159). A draft Supplemental Environmental section 9 prohibitions, including the SUPPLEMENTARY INFORMATION: Impact Statement was issued in July ‘‘take’’ prohibitions, became applicable Abstract 1993 to assess the environmental to the species. Subsequent to the listing impacts of the alternatives which were of the spotted owl, a Federal Late- The implementing regulations for set forth in the FEMAT Report. A final Successional and Old-growth (LSOG) threatened wildlife generally SEIS was completed in February 1994, forest management strategy (Plan) was incorporate the prohibitions of section 9 and a Record of Decision was signed on developed and then formally adopted of the Endangered Species Act (Act) of April 13, 1994. This process culminated on April 13, 1994, in a Record of 1973, as amended, for endangered in the formal administrative adoption of Decision (ROD) that amended land wildlife, except when a ‘‘special rule’’ Alternative 9 (a revised version of management plans for Federal forests in promulgated pursuant to Section 4(d) of Option 9 as it had been presented in the northern California, Oregon, and the Act has been issued with respect to FEMAT Report), which has now become Washington. Although this proposed a particular threatened species. When known, simply, as the Forest Plan or rule refers to the Federal LSOG forest the northern spotted owl, Strix Plan. This Plan provides a firm strategy as the ‘‘Forest Plan’’, it is noted occidentalis caurina, (spotted owl) was foundation for the conservation needs of that the strategy is not a stand-alone listed as a threatened species in 1990, the spotted owl, especially in light of management Plan but rather effected a the Fish and Wildlife Service (Service) the net addition of approximately series of amendments to Forest Service did not promulgate a special 4(d) rule. 600,000 acres of Federal forest lands to and the Bureau of Land Management Therefore, all of the Section 9 protected reserve status between its planning documents. In recognition of prohibitions for endangered species original formulation in the FEMAT the significant contribution the Plan were made applicable to the spotted owl Report and the Record of Decision. On does make toward spotted owl throughout its range, including the December 21, 1994, Federal District conservation and management, the prohibitions against ‘‘take’’ that apply to Court Judge William L. Dwyer, issued Service now proposes a special rule, endangered species under the Act. his order upholding the adequacy of the pursuant to section 4(d) of the Act, to Subsequent to the listing of the Plan. Judge Dwyer said ‘‘The order now replace the blanket prohibition against spotted owl, a new Federal forest entered,* * *, will mark the first time incidental take of spotted owls with a management strategy was developed in several years that the owl-habitat narrower, more tailor-made set of and proposed by the Forest Ecosystem forests will be managed by the standards that reduce prohibitions Management Assessment Team responsible agencies under a plan found applicable to timber harvest and related (FEMAT), which was established by lawful by the courts. It will also mark activities on specified non-Federal President Clinton following the April 2, the first time that the Forest Service and forest lands in Washington and 1993, Forest Conference in Portland, BLM have worked together to preserve California. Oregon. FEMAT was established to ecosystems common to their DATES: Comments from all interested develop options for the management of jurisdictions.’’ parties must be received by May 18, Federal LSOG-forest ecosystems in Despite enhanced owl protection 1995. northern California, Oregon, and under the final Forest Plan, however, The Service seeks comments from the Washington within the range of the the Service believes that some interested public, agencies, and interest spotted owl. FEMAT outlined those supplemental support from non-Federal groups on this proposed special rule options in the report, Forest Ecosystem forest lands remains necessary and Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9485 advisable for owl conservation in non-Federal lands throughout the owls’ with the flexibility to develop certain parts of the range of the owl. range with a more particularized set of alternative prescriptions or restrictions Based upon the possibility that the prohibitions for Washington and for their lands which could achieve a preferred alternative of FEMAT (Option California. For the State of Washington, level of protection comparable to the 9) would eventually be adopted, the incidental take restrictions would be conservation objectives set forth for the Service published a Notice of Intent relaxed for approximately 5.24 million owl in this rule. (NOI) in the Federal Register (58 FR acres of non-Federal land in conifer For the State of California, this 69132) on December 29, 1993, and sent forests. While only a considerably proposed rule would recognize the out a mailer advising the public of its smaller acreage figure of non-Federal significant conservation benefits intention to prepare an Environmental forest land is presently affected by accorded the northern spotted owl Impact Statement (EIS) for a proposed incidental take prohibitions for the under California law by easing the special rule that would ease restrictions spotted owl, the fear of future owl Federal prohibition against incidental for the spotted owl on certain non- restrictions is a significant concern of take from timber harvest activities in Federal forest lands. In response, the forest landowners throughout the range most of the Klamath province of that Service received and evaluated more of the spotted owl. This proposed rule State. The zone in which this would than 8,500 public comments. Taking would ease incidental take restrictions occur would be called the Klamath these comments into consideration, and on designated non-Federal lands by Province Relief Area. The incidental based upon additional analyses, the limiting the incidental take prohibition take prohibition for timber harvests in Service now proposes a special rule that for timber harvest activities to actions this Relief Area would be limited to would reduce the prohibition against that fail to maintain the 70 acres of actions which fail to maintain the 70 incidental take of spotted owls in the suitable owl habitat closest to a site acres of suitable owl habitat closest to course of timber harvest and related center for a spotted owl. By proposing a site center for a spotted owl. activities on specified non-Federal this action, the Service is not implying Additional relief could be provided to forest lands in Washington and that incidental take cannot occur until non-Federal landowners in four California. harvest activities approach and actually potential ‘‘California Conservation For reasons discussed in more detail invade an owl’s activity center. Rather, Planning Areas’’ (CCPAs) referred to as later, the Service is not including the Service is proposing that, in certain the California Coastal Area, Hardwood Oregon, at this time, within the portions of the owl’s range, the Region, Wells Mountain-Bully Choop geographic scope of this proposed incidental take of an owl will no longer area, and the California Cascades special rule. The Service is aware of be a prohibited activity unless it pursuant to the planning process under ongoing efforts within Oregon between involves harvest activities within an the California Natural Communities the Governor’s office and large and activity center. Conservation Planning (NCCP) Act or small landowners to fashion an ‘‘Oregon Current incidental take restrictions through completion of a Habitat Alternative’’ to the Service’s proposed would be retained for those spotted Conservation Plan (HCP) under Section action for the State, as set out in the owls whose site centers are located 10(a)(1)(B) of the Act (Figure 1 to December 29, 1993, NOI. The Service is within six designated zones or ‘‘Special § 17.41(c)). supportive of this effort and will Emphasis Areas’’ (SEAs) in the State of Except for acreage actually located maintain the regulatory status quo for Washington. The six SEAs include the within owl activity centers, the Service spotted owls in Oregon in anticipation western portion of the Olympic also proposes that small landowners that an ‘‘Oregon Alternative’’ approach Peninsula, the Finney Block area, the I– who own no more than 80 acres of forest to owl conservation will be developed. 90 Corridor, the Mineral Block area, the lands within a given SEA in Washington Thus, by excluding Oregon altogether Siouxon Creek area and the Columbia or one of the four potential CCPAs in from this proposed special rule, the Gorge/White Salmon areas. These areas California, as of the publication date of Service retains for Oregon the original were generally chosen to fill in gaps in this proposed rule in the Federal level of protection against take for the protection under the Forest Plan where Register, would be relieved of the owl established when the species was the Federal land base alone appears general prohibition against incidental listed on June 26, 1990. currently to be inadequate to provide for take. The only exception to this In assessing the conservation needs of the conservation of the owl. proposal would be for any small the northern spotted owl on non-Federal In addition, the Service proposes to landowner who owns any or all of the lands, the Service was particularly implement a ‘‘Local Option 70 acres of forested lands closest to an mindful of—(1) The level of protection Conservation Planning’’ program in owl site center. The incidental take to be provided the owl under the Washington to provide an opportunity restriction would continue to apply Federal reserve and riparian buffer for additional relief from incidental take within such 70 acres. systems established under the Forest prohibitions for non-Federal The Service also proposes to provide Plan, as well as the matrix and adaptive landowners who own between 80 and landowners within SEAs in Washington management area prescriptions under 5,000 acres of forest lands within an or potential CCPAs in California the Plan; (2) the range, location, and SEA. The Local Option process is additional flexibility for avoiding number of spotted owls on non-Federal envisioned to be the equivalent of a incidental take liability if their lands are and Federal lands; (3) recently ‘‘short form’’ Habitat Conservation Plan. intermingled with Federal matrix or developed State programs to regulate The local option conservation planning Adaptive Management Area (AMA) forest practices to benefit the spotted process would not apply to those areas lands. In such situations, non-Federal owl; and (4) emerging non-Federal where the Service determines that landowners would be provided the landowner habitat management and owl suitable owl habitat (nesting, roosting or alternative option at their choosing of conservation strategies such as Habitat foraging habitat) on non-Federal lands adopting the final harvest prescriptions Conservation Plans and agreements to within SEAs can reasonably be expected delineated for the surrounding Federal avoid the incidental take of owls. to provide important demographic matrix or AMA lands, in lieu of This special rule proposes to replace support for Federal owl reserves. These management practices which comply the currently applicable blanket ‘‘Local Option’’ conservation plans with current incidental take restrictions. prohibition against incidental take on would provide non-Federal landowners The one exception to this policy would 9486 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules be where the adoption of final matrix or achieving specific ecological, economic, protected strips along the banks of AMA harvest prescriptions could result and other social objectives. rivers, streams, lakes, and wetlands in the incidental take of an owl whose ‘‘Administratively withdrawn area’’ which act as a buffer between these site center is located within a Forest means lands that are excluded from water bodies and areas where timber Plan reserve or Congressionally reserved planned or programmed timber harvest harvesting is allowed. or Administratively withdrawn areas. In under current agency planning ‘‘Habitat Conservation Plan’’ (HCP) such a case, the incidental take documents or the preferred alternative means an agreement between the U.S. restrictions would continue to apply for for draft agency planning documents. Fish and Wildlife Service and either a at least two more years, pending review ‘‘California Conservation Planning private entity, local or county of the status of owls in affected reserve Area (CCPA)’’ means areas in which the government or State under section or withdrawn areas. State of California Resources Agency 10(a)(1)(B) of the Act that specifies For Tribal forest lands in Washington could conduct planning for spotted owls conservation measures that would be and California, the Service proposes to under the auspices of the California implemented in exchange for a permit lift the Federal prohibition against the Natural Communities Conservation that would allow the incidental take of incidental take of the spotted owl except Planning Act (CNCCPA) of 1991. a listed species. for harvest activities within the ‘‘Congressionally reserved area’’ ‘‘Home range’’ means the area a immediate 70 acres around a site center. means those lands with Congressional spotted owl uses and traverses in the Timber harvests conducted in designations that preclude timber course of normal activities in fulfilling accordance with Tribal resource harvest, as well as other Federal lands its biological needs during the course of not administered by the Forest Service regulations would not be subjected to its life span. or Bureau of Land Management, any additional Federal prohibitions ‘‘Incidental Take’’ means any taking including National Parks and against incidental take of the owl. otherwise prohibited, if such taking is Monuments, Wild and Scenic Rivers, Additionally, the Service proposes to incidental to, and not the purpose of, National Wildlife Refuges, and military include a ‘‘sunset’’ provision that would the carrying out of an otherwise lawful reservations. lift the incidental take restrictions activity. ‘‘Conservation’’ as defined in the ‘‘Matrix’’ means those Federal lands within an SEA or CCPA once the owl Endangered Species Act generally generally available for programmed conservation goals for that area are means the use of all methods and timber harvest which are outside of the achieved. The Service also proposes to procedures that are necessary to bring Congressionally reserved and provide a ‘‘safe harbor’’ of certainty for any endangered or threatened species to Administratively withdrawn areas, harvest activities within SEAs or CCPAs the point at which the measures Federal reserves and adaptive where more than 40 percent suitable provided pursuant to the Act are no management areas as delineated in the owl habitat would be retained after longer necessary. Standards and Guidelines adopted in harvest within an owl’s median annual ‘‘Demographic support’’ refers to the the April 13, 1994, Record of Decision. home range. In those instances where effects on a population from a ‘‘Province’’ or ‘‘Physiographic the ‘‘safe harbor’’ provision would combination of births and deaths such Province’’ means one of twelve apply, landowners would not be subject that the net result is a stable or geographic areas throughout the range of to a take prohibition violation under any increasing population. For the spotted the northern spotted owl which have circumstances should an incidental take owl this would occur through provision similar sets of biological and physical of an owl nevertheless occur despite the and maintenance of: (1) Both suitable characteristics and processes due to landowner’s efforts to avoid take. The and dispersal habitat to support effects of climate and geology which ‘‘safe harbor’’ provision would not individual owls; (2) small clusters or result in common patterns of soils and apply, however, to any timber harvest larger groups of successfully breeding broad-scale vegetative communities. activities within the closest 70 acres of owls; and (3) the successful interaction ‘‘Record of Decision’’ means the April suitable owl habitat surrounding an owl and movement between individuals and 13, 1994, Record of Decision for site center regardless of the percentage pairs. Amendments to Forest Service and of suitable owl habitat left within an ‘‘Dispersal’’ refers to movements Bureau of Land Management Planning owl’s median annual home range. through all habitat types by: (1) juvenile Documents Within the Range of the In addition, the proposal sets out a spotted owls from the time they leave Northern Spotted Owl (USDA/USDI new approach to provide incentives to their natal area until they establish their 1994). non-Federal landowners to restore or own territory; (2) non-territorial single ‘‘Site Center’’ means the actual nest enhance degraded spotted owl habitat, spotted owls; or (3) displaced adults tree of a pair of spotted owls or the or to maintain existing suitable owl searching for new territories. primary roost of a non-nesting pair or habitat, without being penalized if their ‘‘Dispersal habitat’’ means forest territorial single owl. conservation efforts subsequently attract stands with adequate tree size, ‘‘Special Emphasis Area (SEA)’’ spotted owls. structure, and canopy closure to means one of six specific areas in the Definitions provide—(1) cover for dispersing owls State of Washington where the Service from avian predators; and (2) foraging has determined that it would be As used in this proposed rule: opportunities during dispersal events. necessary and advisable to continue to ‘‘Activity center’’ means the closest 70 ‘‘Federal reserve’’ or ‘‘Forest Plan apply broad protection from incidental acres of suitable habitat around the nest reserve’’ means those Federal lands take to support conservation efforts for tree of a pair of owls or around the delineated in the April 13, 1994, Record the spotted owl. primary roost of a non-nesting pair or of Decision in which programmed ‘‘Suitable Habitat’’ means those areas territorial single owl (see ‘‘site center’’). timber harvest is not allowed and is with the vegetative structure and ‘‘Adaptive management area’’ means otherwise severely limited. There are composition that generally have been the ten landscape units that were two types of reserves—late-successional found to support successful nesting, adopted in the April 13, 1994, Record of reserves, which are designed to produce roosting, and foraging activities of a Decision for development and testing of contiguous blocks of older forest stands, territorial single or breeding pair of technical and social approaches to and riparian reserves, which consist of spotted owls. Suitable habitat is Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9487 sometimes referred to as nesting, included in the critical habitat (58 FR 69132). The NOI spelled out roosting, and foraging (NRF) habitat. designation. Of the total acreage that various alternative approaches for a 4(d) ‘‘Take’’ means to harass, harm, was designated, 20 percent is in rule, including a preferred approach or pursue, hunt, shoot, wound, kill, trap, California, 47 percent is in Oregon, and proposed action. This provided a capture, or collect, or to attempt to 32 percent is in Washington. preliminary opportunity for public engage in any such conduct with respect Following the April 2, 1993, Forest input prior to the actual publication of to a spotted owl. Conference in Portland, Oregon, this proposed rule. ‘‘Threatened Species’’ means a plant President Clinton established a Forest or wildlife species defined through the Ecosystem Management Assessment Summary of Public Comments on Endangered Species Act that is likely to Team (FEMAT) to develop options for Scoping Notice on 4(d) Rule become within the foreseeable future an the management of Federal LSOG-forest The Service received more than 8,500 endangered species throughout all or a ecosystems to provide habitat that comments from the public on its significant portion of its range. would support stable populations of scoping notice for a section 4(d) rule EIS ‘‘Timber harvest and related activity’’ species associated with late- for the spotted owl. Most comments means any activity that would result in successional forests, including the received were in response to a January the removal or degradation of suitable northern spotted owl. FEMAT 3, 1994, special mailer sent by the habitat. developed ten options for the Service to approximately 80,000 management of LSOG-forest ecosystems recipients. The Service specifically Background on Federal lands in California, Oregon, asked for suggestions on issues to be Regulatory History of the Northern and Washington, which are outlined in addressed in the 4(d) rule. In general, Spotted Owl the Team’s report, ‘‘Forest Ecosystem the comments reinforced issues and Management: An Ecological, Economic, concerns identified in previous The Service listed the northern and Social Assessment’’ (USDA et al. planning efforts for the spotted owl. spotted owl as a threatened species on 1993). On July 1, 1993, the President In the scoping notice, the Service June 26, 1990, because of the past and identified Option 9 as the preferred sought comments on ten specific issues. continued projected loss of suitable alternative for amending the Federal The comments received are summarized habitat throughout its range (55 FR agencies’ land management plans with below, by issue: 26114). This habitat loss has been respect to LSOG forest habitat. A (1) Biological, commercial, trade, or caused primarily by timber harvesting, modified version of Option 9 was other relevant data on the distribution but has been exacerbated by the effects adopted in the April 13, 1994, Record of and abundance of the northern spotted of catastrophic events such as fire, Decision for Amendments to Forest owl on non-Federal lands in California, volcanic eruption, and wind storms. Service and Bureau of Land Washington and Oregon. The inadequacy of regulatory Management Planning Documents No new data or information was mechanisms existing in 1990 under Within the Range of the Northern provided to the Service relative to this State and Federal law also contributed Spotted Owl (ROD). It is based on a issue. to the decision to list the northern system of late-successional reserves, (2) Biological, commercial, trade or spotted owl as a threatened species. riparian reserves, adaptive management other relevant data on the distribution During the period immediately prior to areas, and a matrix of Federal lands and abundance of the northern spotted listing, when the status of the owl was interspersed with non-Federal lands. owl that identifies the effects of the under review, the annual Federal timber These designations complemented alternatives for a section 4(d) rule on the harvest in Oregon and Washington existing Administratively withdrawn northern spotted owl. averaged approximately 5 billion board and Congressionally reserved lands. No new data or information was feet per year. Much of that harvest The adoption of the Forest Plan was provided to the Service relative to this comprised suitable spotted owl habitat. subsequently upheld in Federal court. issue. Thus, Federal timber harvest policies at On December 21, 1994, Federal District (3) The scope of the issues that have that time contributed significantly to the Court Judge William L. Dwyer rejected been identified for the environmental decline of the owl. plaintiffs’ challenges and issued an impact statement on a proposed special State protection for the owl in 1990 order upholding the President’s Forest rule. was also inadequate. Since that time, Plan. In addition to the issues identified in California, Oregon and Washington have An underlying premise for the the scoping notice, commenters all recognized the plight of the owl and President’s selection of the Forest Plan identified several additional issues for have adopted forest management rules was that Federal lands should carry a the Service to consider. Several designed to protect this threatened disproportionately heavier burden for commenters objected to any provision species. The degree of protection providing for the conservation of the requiring that 40 percent of suitable accorded the northern spotted owl northern spotted owl, enabling an habitat be retained within the median currently varies under State law. The easing of restrictions on incidental take annual home range circle of an owl northern spotted owl is listed under for the owl on large areas of non-Federal located within SEAs, and, because it Washington law as an endangered lands. President Clinton thus directed means that 60 percent of suitable habitat species, under Oregon law as the U.S. Fish and Wildlife Service to within a home range may be lost, threatened, and under California law as issue regulations pursuant to section requested an explanation of the a sensitive species. 4(d) of the Act looking to ease, where biological basis for such a provision. On January 15, 1992, the Service appropriate, restrictions on the They also requested that the Service designated critical habitat for the incidental take of spotted owls on non- consider how habitat modification on northern spotted owl (57 FR 1796). The Federal lands. non-Federal land will affect owls on critical habitat designation On December 29, 1993, the Service adjacent Federal lands. encompassed 6.9 million acres of published in the Federal Register a Comments from non-Federal Federal land in 190 critical habitat units Notice of Intent (NOI) to prepare an landowners requested that the Service in the States of California, Oregon, and Environmental Impact Statement in consider the possible economic benefits Washington; non-Federal lands were not support of a 4(d) rule for the spotted owl of a variety of silvicultural regulations 9488 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules to protect owl habitat. They also asked protected, and data on marbled murrelet (8) Boundaries of the SEAs in the that the Service evaluate whether the distribution and abundance on non- proposed action, including the impacts SEA concept fully takes into account the Federal lands. and effects of alternative boundaries. contributions already provided by State Numerous comments were received Few suggestions were received agencies and those already in place on on the marbled murrelet, with most relative to specific boundary changes. Federal lands, and whether the stating that it is inappropriate to include Many comments were received regulatory burden of the SEAs is the murrelet in the regulatory process regarding the number of SEAs, the disproportionate to the benefits. for the spotted owl because not enough designation or lack of designation of (4) The range of alternatives that have information about murrelets is available specific SEAs, and the general use of the been identified for the environmental at this time to attempt a regulatory SEA concept. Among the comments impact statement on a proposed special definition of incidental take, and that specific to the boundaries was the rule. any rule for the murrelet should be done suggestion that the Mineral Block and I– A number of commenters provided separately. One commenter stated that 90 Corridor SEAs should extend no suggestions for additional alternatives the Service should consider adopting an farther west than necessary to provide for Service consideration. These interim 4(d) rule for marbled murrelets reasonable connectivity between the included requests to increase or relieve that can be refined at a later date Federal conservation areas to the north the prohibitions against incidental take, because they are associated with the and south. to consider the development of a same forest ecosystem as the spotted Regarding the Olympic Peninsula program based entirely on voluntary owl, and that all suitable murrelet SEA, comments included the assertion participation by forest land managers, to habitat should be addressed including that there should be no SEA on the not use SEAs and use only 70 acre owl marine habitat. Another suggested that, Olympic Peninsula because Federal circles rangewide, and to provide in identifying marbled murrelet habitat, lands should be relied on for owl incidental take protection only to the emphasis should be on a definition conservation in this area. Another landowners who sell to domestic that recognizes large contiguous areas of suggestion was that the Service move markets. Some commenters requested habitat capable of supporting large the southern boundary of the proposed that the Service provide an alternative numbers of birds, and not on defining Olympic Peninsula SEA northward to with incentives for growing habitat, or the lowest possible quantity and stand run east and west from the southern to buy or exchange land instead of size used. boundary of the Olympia National promulgating a section 4(d) rule. (6) Input on the use of ‘‘local options’’ Forest. It was further suggested that only Another suggestion was to transplant to allow individuals to propose the State of Washington’s Olympic spotted owls rather than use a special adjustment to prohibitions against take Experimental Forest be included in the rule to provide for connectivity, and of northern spotted owls without going SEA for the Olympic Peninsula, and depend on Federal lands to provide the through the normal habitat conservation that this SEA be rescinded following the land base for connectivity. planning process. approval of an HCP for the State Forest. Other suggested alternatives included The potential use of the local option Many commenters were specifically using existing exceptions to plan was responded to favorably by concerned about the failure to designate prohibitions, such as the HCP process, many commenters. Most said that a the White Salmon landscape as an SEA in combination with a final recovery ‘‘local option’’ plan should be included to provide demographic interchange plan for the owl; protecting previously as an additional tool to protect owls and between owls on the Yakima Indian proposed critical habitat on private to provide landowner flexibility, and Reservation and Federal lands in the lands in addition to, or instead of, the that these should provide the same legal eastern Washington Cascades. Other SEAs; and applying the 50–11–40 rule protection as HCPs. Others stated that commenters noted that there is no to SEAs in addition to, or instead of, the rule should provide flexibility for demonstrated need for an SEA in the retaining 40 percent of suitable habitat applying local options based on the White Salmon or Hood River areas. within a home range. expertise and knowledge of State Many commenters asked that the Modifications of the alternatives were forestry associations, State governments, Service provide the scientific basis for also suggested. Some examples include and forest landowners. determining the configurations and replacing the SEAs in Washington with (7) Consideration of a small boundaries of the SEAs. There were the areas proposed to the Washington landowner exemption for non- further suggestions that for SEA Forest Practices Board in a report by the commercial forest land of ten acres or boundaries, the rule must specify the Spotted Owl Scientific Advisory Group less. requirements of ‘‘owl shadows’’ (SAG report), to add an SEA for Many commenters addressed this (restrictions on adjacent lands near an southwestern Washington, and to issue with the majority recommending owl site center) both within and outside reduce or exclude the Olympic that the Service carefully examine and of SEA’s. Some commenters stated that Peninsula SEA. explain the rationale and biological the Service should eliminate all SEAs as Comments specific to California basis for such an exemption, and they would provide further harvest alternatives included requests to suggesting that any provision to have restrictions which would be unduly provide a separate 4(d) rule for less restrictive measures for small burdensome, and that they go beyond California; to apply the Washington/ landowners would unfairly shift the the Act by mandating conservation Oregon approach with SEAs to burden of responsibility to the larger measures on privately owned land. California; to repeal existing owl rules landowners. Others suggested that such (9) Possible mitigation measures, such and designate specific ‘‘no take’’ areas; an exemption may tend to break large as multi-species Habitat Conservation and to maintain existing prohibitions of ownerships into smaller ownerships. Plans or conservation agreements that take and adopt the California Board of Some expressed the view that while provide long-term enforceable and Forestry’s new late-successional forest appealing, it may set up an arbitrary protective land management rules. distinction between landowners based prescriptions for non-Federal lands. (5) Input on how suitable habitat for on size, and that the 10 acre size Several commenters referenced the the marbled murrelet should be specified in the scoping notice was too use of the HCP process, requesting that identified and how it should be small to be meaningful. the Service clarify the relationship Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9489 between HCPs and the 4(d) rule. actually provides little relief to private rule would relax incidental take Specifically, they asked, in the absence lands. restrictions for the owl for timber of an SEA designation, what guarantees Comments from industrial harvests for certain non-Federal lands in would there be that habitat will be landowners included a request for ‘‘safe Washington and northern California. protected between the time the 4(d) rule harbor’’ from prosecution if the This proposed special rule excludes goes into effect (and relief is granted) requirements of the 4(d) rule were met Oregon, however, and does not propose and the time HCPs are completed. There and more that 40 percent suitable any changes in the regulatory was also concern expressed that there habitat was left within an owl circle prohibitions to protect the owl which may be a lack of incentives for other after harvest; and the suggestion that the are currently applicable within that landowners to develop HCPs if there is 4(d) rule assist in addressing the issue State. In March and December 1994, the no SEA designated. Others suggested of access across Federal lands to non- Service received letters from the Oregon the 4(d) rule state that it will not apply Federal lands. Concern also was Congressional Delegation requesting to lands covered by an approved HCP. expressed about potential conflict with that further work on a 4(d) rule for Specific to California were anti-trust laws when implementing, Oregon be suspended to provide an recommendations that the Service among several landowners, the opportunity for consensus to emerge encourage the State to continue to requirement that 40 percent suitable among State officials and private recognize Federally approved HCPs as a habitat be left within a home range landowners on a strategy for the valid means of complying with circle, and some asked that an anti-trust conservation of the spotted owl. regulations the State adopts as a result exemption be provided for multiple Recognizing the benefits that such a of the 4(d) process. landowners who have to deal with consensus approach offers, the Service (10) Retention of Federal incidental landscape issues. One commenter also agreed in May 1994, to suspend further take restrictions for Indian forest lands asserted that the creation of SEAs is a work on a federally developed 4(d) included within the boundary of an de facto designation of critical habitat special rule proposal for Oregon in SEA. that must comply with the requirements order to encourage the development of Many comments were received of § 4(B)(2). Several commenters stated a ‘‘stakeholder’’ based ‘‘Oregon regarding this issue, and most suggested that there is no legal basis under the Act Alternative’’. that it may be inappropriate to impose for burdening private lands with The Governor’s office in Oregon has Federal take prohibitions on tribal recovery of a threatened species, and taken the lead in working cooperatively that the 4(d) rule was essentially a with non-Federal landowners through lands. One commenter stated that in recovery mechanism being forced on the Oregon Forest Industries Council, promulgating the special rule, the private lands. Oregon Small Woodlands Association, Service should direct attention to the Proponents of spotted owl protection Northwest Forestry Association, special status of Indian tribal lands as alleged that the scientific basis for the Douglas County, and others to develop distinct and separate in treatment from proposed action is unclear, and it is an alternative owl conservation strategy. other non-Federal State and private particularly unclear in how it relates to The Service is supportive of this lands; the Service should adopt a the recovery standards and objectives approach and is willing to review and special rule that exempts Indian forest for the owl. They suggested that any consider any State conservation lands from the prohibitions against special rule for the spotted owl must be proposal which results from this incidental take, including any that may part of a coordinated recovery approach process. be in SEAs. among all Federal agencies with Under the existing regulatory Some proponents of owl protection responsibility for the owl. There were structure implementing section 4(d) of stated that the Service should not lift numerous references to the SAG report, the Endangered Species Act, each take prohibitions on tribal lands in the and that the special rule should provide section 4(d) ‘‘special rule’’ for a absence of criteria to ensure that the owl the level of protection as proposed in threatened species must contain all of is adequately protected by tribal the SAG report. the applicable prohibitions and management practices. They noted that Several commenters asked that the exceptions for that species throughout progress on the part of the tribes is rule provide clearer definitions for its range (50 CFR 17.31(c)). Thus, in the variable, and this should be evaluated ‘‘take’’ and ‘‘suitable habitat.’’ There past, Oregon would have been included before lifting restrictions within SEAs. were requests for information on the in this proposed 4(d) rule, even if only Others commented that the special rule land ownership within SEAs, the to preserve the current regulatory status should ensure that measures governing number of owls present, and the quo protecting the spotted owl in incidental take of the owl on Indian anticipated level of incidental take. Oregon. forest lands contribute to the Others also requested information In reviewing the request for exclusion conservation of the species. regarding the specific acreage of State from Oregon, the Service has assessed In addition to the ten issues for which and private lands off limits to harvest whether it would be advantageous to the Service requested input, comments under the proposed action. There also adopt a new approach for dealing with were received on numerous other issues were questions about how the rule special rule situations in the future by relative to the proposed action. Three would describe and determine the 70 authorizing the revision of a listing of a general areas of interest were common acres to be protected around active threatened species through the in the comments from non-industrial spotted owl nests outside of SEAs. subsequent publication of a special rule landowners—(1) the proposed section After reviewing these public that covers only part of, but not all of, 4(d) rule was a disincentive to grow comments, as well as other owl the range of the species. Under this habitat for spotted owls and to practice management strategies and analyses, the approach, the general prohibitions and good silviculture; (2) the proposed rule Service now proposes this special rule exceptions applicable to threatened represented an unconstitutional taking in response to the President’s directive species not covered by special rules of private property and that private to review the blanket set of incidental would continue to apply in that part of landowners should be compensated; take prohibitions for the northern the range of the species not included and (3) the proposed 4(d) rule places an spotted owl that has been in effect since under the provisions of a subsequent unfair burden on non-Federal lands and the listing. In particular, this proposed special rule. After consideration of the 9490 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules relevant factors on this matter, the *** Whenever any species is listed e.g., authorization of private predator Service has decided to adopt this new as a threatened species pursuant to control or sport seasons, the provisions approach for special rules and is subsection (C) of this section, the of section 3(3) regarding examination of simultaneously proposing additional Secretary shall issue such regulations as population pressures are not invoked. technical amendments to 50 CFR 17.11 he deems necessary and advisable to The adoption of the Forest Plan—a and 50 CFR 1731(c) to accomplish this provide for the conservation of such comprehensive, interagency strategy for change. species. The Secretary may by management of Federal-LSOG forests in In the specific case of the northern regulation prohibit with respect to any the owl’s range designating nearly 7.5 spotted owl, the owl was originally threatened species any act prohibited million acres as late-successional listed as threatened without a special under section 9(a)(1) . . . with respect reserves—is the major predicate for the rule, and is subject to the same general to endangered species.* ** Service’s proposal of this special rule prohibitions and exceptions which are As applied, this provision empowers for the owl. Upon issuing the Biological applicable to endangered species the Service to promulgate a special rule Opinion on the Forest Plan, the Service pursuant to the current provisions of 50 which adopts species-specific protective stated that the plan ‘‘will accomplish or CFR 17.31(a). These general regulations upon listing a species as exceed the standards expected for the prohibitions include a rangewide threatened. Such a special rule may Federal contribution to recovery of the prohibition against the incidental take include imposition of the section 9(a) northern spotted owl and assurance of or harm of an owl. These prohibitions prohibition against ‘‘take,’’ in some or adequate habitat for its reproduction apply throughout the owl’s range, all of its particular manifestations, and and dispersal.’’ Thus, the Forest Plan is including the State of Oregon. The in all or a portion of the species’ range, the primary foundation block for owl Service now proposes a section 4(d) as well as other protective measures. recovery. This proposed rule would special rule for the owl that applies only While Congress expressly mandated complement the Forest Plan and to the States of Washington and certain protections for endangered provide for the conservation of the owl California. Because the proposal for a species by statute (the section 9(a)(1) by retaining taking prohibitions on non- special rule only encompasses prohibitions), it intended to provide the Federal lands in a manner designed to Washington and California, under its Service with flexibility in determining build on the protections the Forest Plan current formulation owls in Oregon what protections are necessary and has provided. Further, the Service has would remain fully protected against advisable for threatened species. Section concluded that the owl take incidental take or harm under the 4(d) is that grant of rulemaking prohibitions that would no longer apply prohibitions established for the owl authority, and it provides the Secretary under this proposed rule are no longer when it was originally listed. As with broad discretion to adopt either necessary or advisable to provide previously noted, the Service is regulations for the conservation of for the conservation of the owl, presently proposing the requisite threatened species. especially in light of the Forest Plan’s technical changes to 50 CFR 17.11 and In many circumstances the Service adoption. 50 CFR 17.31(c), as discussed above, to declines to issue a special rule for a In addition, as has been the case in allow for the issuance of a special rule threatened species at the time it is other section 4(d) regulations, the that applies to only part of the range of listed, often because the Service does proposed rule ultimately would a threatened species like the spotted not have sufficiently specific knowledge promote overall owl recovery efforts in owl, while retaining the original or the resources necessary to develop a other ways. For example, with respect to protective prohibitions for the tailor-made rule. In this event, the a 4(d) rule issued for the threatened remainder of the species’ range in general threatened species regulations at population of gray wolves (Canis lupus) Oregon. 50 CFR 17.31 come into effect, which in Minnesota, the Service determined If a new ‘‘Oregon Alternative’’ provide for automatic application to that a government-implemented proposal for the owl is subsequently threatened species of the prohibitions depredation control program that developed which is found to be the Act itself makes applicable to includes the possibility of lethal control consistent with the requirements of the endangered species. These ‘‘blanket’’ measures would alleviate a source of Act, the Service will initiate an analysis prohibitions act as a ‘‘safety net’’ for public hostility to the wolf and would, of the new proposal under the National threatened species until such time as therefore, be protective of the species Environmental Policy Act and initiate the Service determines that it is (see 50 CFR 17.40(d)). For the Louisiana appropriate regulatory proceedings at appropriate to issue a special rule for black bear (Ursus americanus luteolus), that time. the species. the Service promulgated a regulation This latter course has been followed under section 4(d) that authorized the Section 4(d) of the Endangered Species with respect to the northern spotted unintentional take of bear incidental to Act owl. When the species was listed as normal forest practices so long as The scope and authority for this threatened in June of 1990, the Service suitable habitat diversity for the bear proposed rule stems from section 4(d) of did not promulgate a species-specific was maintained (see 50 CFR 17.40(i); 56 the Act, which grants the Secretary of special take rule under Rule 4(d), and FR 588, 593). As another instance, the the Interior broad administrative thus the blanket prohibitions were Service has proposed to authorize the discretion to promulgate regulations triggered into effect. The Service now take of the threatened coastal California that he deems to be necessary and has determined that it is appropriate to gnatcatcher (Polioptila californica advisable to meet the conservation issue a special rule tailor-made for this californica) incidental to land use objectives for a threatened species. The species, based on the Service’s more activities conducted in accordance with section also confers authority to the particularized knowledge about the a State of California-sponsored Natural Secretary to apply to a threatened respective conservation needs of the owl Community Conservation Plan (58 FR species any or all of the prohibitions across the various portions of its range, 16758). In the case of the northern against take that the Act makes and the change in LSOG-forest spotted owl, the Service is coordinating expressly applicable to endangered management occasioned by adoption of applicability of the take prohibition species. The pertinent parts of section the Forest Plan. Because this proposed with the comprehensive management 4(d) provide: rule does not involve regulated take, strategy in the Forest Plan and the Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9491 initiation of a comprehensive campaign success and to provide a partial buffer Service and the National Marine to encourage Habitat Conservation against disturbance around the site Fisheries Service (NMFS) issued a joint Planning in key portions of the owl’s center. To avoid harassment, resident policy statement on July 1, 1994, range. spotted owls are considered to be committing the agencies to provide as Generally, incidental take could nesting unless surveys conducted much guidance and assistance to the involve either the harm or harassment of during the breeding season indicate that general public as possible so as to avoid a spotted owl. The harassment of the not to be the case. liability under the ESA for incidental northern spotted owl would occur takings (59 FR 34272, 1994). The policy Incidental Take of Spotted Owls: through disturbance of active nesting statement also committed the agencies ‘‘Harm’’ pairs or territorial single owls within an to designate in future listing packages a activity center; harm would result from To successfully reproduce and key contact person within either the significant owl habitat removal around maintain populations, studies have Service or NMFS, as appropriate, to and beyond spotted owl site centers. suggested spotted owls require answer incidental take questions from substantial quantities of suitable Incidental Take of Spotted Owls: the general public. (nesting, roosting, and foraging) habitat In the particular case of the spotted ‘‘Harassment’’ arrayed around their site centers. owl, the Service has encouraged the Timber harvest and related activities A number of radio-telemetry studies public to conduct owl surveys of that disturb the breeding and nesting have described the quantity and property proposed for harvest or functions of spotted owls within activity characteristics of habitat used by development, as a primary means of centers during the breeding season can spotted owls. Studies by Hayes et al. avoiding harassment or harm to an owl. be considered incidental harassment of (1989) found a strong positive The Service has recommended that such individual spotted owls. Incidental relationship between the abundance of surveys be conducted according to a harassment may include activities that spotted owls and the percentage of older March 17, 1992, Service-endorsed could result in disturbance of nesting forests in the study area. A similar survey protocol (USFWS 1992), spotted owls or the abandonment of analysis was performed on data available upon request from the FWS eggs, nestlings, or fledgling spotted collected by Bart and Forsman (1992). Ecological Services State Offices listed owls. More specifically, incidental The results showed that the number of below: harassment of spotted owls generally spotted owls per square mile, pairs of Sacramento Field Office, U.S. Fish and can include harvest activities that occur owls per square mile, young per square Wildlife Service, 2800 Cottage Way, within the closest 70 acres of suitable mile, and young per pair increased with Suite E–1803, Sacramento, California habitat surrounding a site center during increasing amounts of older forest 95825, 916–978–4866, Attn: Field the owl’s reproductive period. (The within the study area. Productivity Supervisor reproductive period generally is (number of young fledged per pair) Oregon State Office, U.S. Fish and between March 1 and September 30 of increased significantly with increasing Wildlife Service, 2600 S.E. 98th each year. These dates may be modified amounts of older forest. Productivity in Avenue, Suite 100, Portland, Oregon where credible scientific information areas with greater than 60 percent older 97266, 503–231–6179, Attn: Field establishes a different time period for a forest was approximately three times Supervisor given area.) Actions with the potential higher than productivity in areas with Washington State Office, U.S. Fish and to disturb nesting spotted owls include, less than 20 percent older forest. Wildlife Service, 3704 Griffin Lane but are not limited to, harvest related Documentation in the 1990 Status S.E., Suite 102, Olympia, Washington activities such as felling, bucking, and Review of the Northern Spotted Owl 98501–2192, 206–753–9440, Attn: yarding; road construction; and blasting. (USDI 1990a) indicates that productivity Field Supervisor A study by Miller (1989) examined per pair is lowest in areas with small the area used by fledgling spotted owl amounts of older forest. This strongly Biology of the Northern Spotted Owl juveniles in Oregon. Radio-telemetry suggests that, even if some spotted owls The spotted owl is a long-lived bird data showed that the average amount of persist in such areas, there is reason to that has a high degree of nest-site nesting, roosting, and foraging habitat believe they are not reproducing and fidelity within an established territory. used by fledgling spotted owls prior to surviving at replacement levels. This proposed rule incorporates, by dispersal was approximately 70 acres in The above research findings have reference, recent documents addressing size. Under existing conditions in many supported the determination in the past the biology and ecology of the spotted areas, these activity centers are seldom that reduced quantities of suitable owl, its habitat, and associated evenly distributed around a nest tree. habitat are likely to result in lower management strategies in Washington, Mortality rates for juvenile spotted owls spotted owl abundance and productivity Oregon, and California, including: the are significantly higher than for adults rates. It has also been suggested that a final rules listing the spotted owl as (Forsman et al. 1984, Gutierrez et al. significant reduction of nesting, threatened and designating its critical 1985, Miller 1989). Studies of juvenile roosting, and foraging habitat within the habitat; the Interagency Scientific dispersal in Oregon and California median annual home range of a spotted Committee (ISC) report (Thomas et al. indicated that few of the juvenile owl pair or resident single creates a 1990); the Scientific Analysis Team spotted owls survived to reproduce much higher risk of adverse effects that report (Thomas et al. 1993); the final (Miller 1989, Gutierrez et al. 1985). actually kill or injure owls by draft Recovery Plan for the Northern These research studies all reported very significantly impairing essential Spotted Owl (USDI 1992); the Forest high mortality during pre-dispersal. behavioral patterns, including breeding, Ecosystem Management Assessment Based on this and other information, feeding, and/or sheltering. These are the Team (FEMAT) report (USDA et al. the Service believes that the primary elements of effects that 1993); the supporting documents for the maintenance of the closest 70 acres of ultimately can cause harm to, and the Forest Plan (USDA/USDI 1994 a and b); existing suitable (nesting, roosting, and incidental take of, spotted owls. and the Contribution of Federal and foraging) habitat surrounding the nest Recognizing the need to assist the Non-Federal Habitat to Persistence of tree will contribute to a secure core area public in avoiding the incidental take of the Northern Spotted Owl on the and is crucial to maximize fledgling listed species, the Fish and Wildlife Olympic Peninsula, Washington 9492 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules (Holthausen et al. 1994). The proposed moderate to high canopy closure (60 to this rule, the Klamath province has been rule also considered the Washington 80 percent closure); a multi-layered, divided into two provinces by State— Spotted Owl Scientific Advisory Group multi-species canopy with large the California Klamath province and the reports (Hanson et al. 1993 and overstory trees; a high incidence of large Oregon Klamath province—even though Buchanan et al. 1994). trees with various deformities (e.g., large the two provinces are part of the same The range of the spotted owl has been cavities, broken tops, mistletoe geographic area. In California, the three divided into 12 physiographic provinces infections, and debris accumulations); provinces are the California Cascades, (USDA/USDI 1994a): the Eastern and large accumulations of fallen trees and California Klamath, and California Western Cascades, Western Lowlands, other debris; and sufficient open space Coast. The Oregon Coast Ranges, and Olympic Peninsula Provinces in below the canopy for owls to fly Willamette Valley, Oregon Klamath, Washington; the Eastern and Western (Thomas, et al. 1990). Western Oregon Cascades, and Eastern Cascades, Coast Range, Willamette Spotted owls use a wider array of Oregon Cascades constitute the five Valley, and Klamath Provinces in forest types for foraging, including more provinces of Oregon. The four Oregon; and the Klamath, Coast, and open and fragmented habitat. Habitat Washington provinces are the Eastern Cascades Provinces in California. The that meets the spotted owl’s need for Washington Cascades, Western Klamath province was divided into two nesting and roosting also provides Washington Cascades, Western subprovinces by State—the Oregon foraging habitat. However, some habitat Washington Lowlands, and the Olympic Klamath Province and the California that supports foraging may be Peninsula. Only the seven provinces in Klamath Province—even though the two inadequate for nesting and roosting. In Washington and California are the provinces are part of the same much of the species’ northern range, subject of incidental take prohibition geographic area (Figure 4 to § 17.41(c)). large, dense forests are also chosen as modifications under this proposed rule foraging habitat, probably because they Habitat Characteristics and will therefore be discussed in more provide relatively high densities of detail below. Northern spotted owls generally have favored prey, the northern flying large home ranges and use large tracts squirrel (Glaucomys sabrinus), as well Washington of land containing significant acreage of as cover from predators. Because much 1. Washington Olympic Peninsula older forest to meet their biological of the flying squirrel’s diet is fungal Province needs. The median annual home range material, old decadent forests provide size of a northern spotted owl, which superior foraging habitat for owls. In The Washington Olympic Peninsula varies in size from province to province, southern, lower-elevation portions of province is bordered by the Pacific is approximated by a circle centered on the owl’s range, the species often forages Ocean on the west, the Straits of Juan de an owl site center. Estimated median along the edges of dense forests and in Fuca on the north, Hood Canal on the annual home range sizes represent the more open forests, preying on the east, and State Highway 12 to the south area used by half of the spotted owl dusky-footed woodrat (Neotoma (Figure 4 to § 17.41(c)). Of the three pairs or resident singles studied to date fuscipes). million acres in the province, within each province to meet their In general terms, suitable habitat approximately 51 percent are in Federal annual life history needs. means those areas with the vegetative ownership. The central portion of the Home range sizes were estimated by structure and composition necessary to province is high, mountainous terrain, analyzing radio-telemetry home range provide for successful nesting, roosting surrounded by lower elevation forest data from studies conducted on the and foraging activities sufficient to that provides habitat for the spotted annual movements of spotted owl pairs, support a territorial single or breeding owl. Almost all Federal lands on the referenced in the 1990 Status Review pair of spotted owls. Suitable habitat is Peninsula have either been designated (1990a) and the Interagency Scientific sometime referred to as nesting, roosting as a late successional or riparian Committee report (Thomas et al. 1990). and foraging (NRF) habitat. reserves under the Forest Plan or have Based on studies of owl habitat Although habitat that allows spotted been Congressionally withdrawn from preferences, including habitat structure owls to disperse may be unsuitable for timber harvest; only 8,400 acres of and use and prey preference throughout nesting, roosting, or foraging, it provides Federal forest land on the Peninsula are the range of the owl, spotted owl habitat an important linkage among blocks of available for programmed timber consists of four components: (1) nesting habitat both locally and over the harvest. In general, the province is Nesting, (2) roosting, (3) foraging, and range of the northern spotted owl. This demographically isolated from other (4) dispersal. Although this habitat is linkage is essential to the conservation parts of the owl’s range. Natural variable over the range of the spotted of the spotted owl. Dispersal habitat, at catastrophic events such as windstorms owl, some general attributes are a minimum, consists of forest stands and wildfires are threats that have the common to the owl’s life-history with adequate tree size and canopy capability of destroying thousands of requirements throughout its range. The closure to provide some degree of acres of habitat. age of a forest is not as important for protection to spotted owls from avian The recent report by Holthausen et al. determining habitat suitability for the predators and to allow the owls to concluded that ‘‘* * * it is likely, but northern spotted owl as the structure forage at least occasionally. not assured, that a stable population of and composition of the forest. Northern Suitable and dispersal habitat vary by owls would be maintained * * *’’ on interior forests typically may require province and are described separately Federal lands in the Olympic Peninsula 150 to 200 years to attain the attributes under the discussion of each province Province. However, the report also notes of nesting and roosting habitat; in the following section. it would be ‘‘unlikely’’ that owls would however, characteristics of nesting and persist on ‘‘* * * the western coastal roosting habitat are sometimes found in Discussion of Spotted Owl Provinces by strip of the National Park, * * *’’ if younger forests, usually those with State non-Federal habitat on the western side significant remnant trees from earlier As previously noted, the range of the of the Peninsula were excluded from late-successional stands. northern spotted owl has been current Federal protection for owls. The The attributes of superior nesting and subdivided into 12 separate provinces report went on to explain that ‘‘the roosting habitat typically include a (Figure 4 to § 17.41(c)). For purposes of retention of non-Federal habitat in the Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9493 western portion of the peninsula was dominant, co-dominant and understory Currently, the Service is attempting to particularly significant and provided for trees of greater than 60 percent. address these conservation opportunity a larger area of core habitat on Federal limitations through a creative new 2. Western Washington Lowlands land in model analyses. In addition, the approach which targets the Province retention of this habitat would likely development of comprehensive multi- increase the chances of maintaining a This province consists of the species Habitat Conservation Plans with population on the coastal strip of the lowlands outside of the Olympic several of the large landowners in this Olympic National Park.’’ When Province that extend east from the province. The Service has premised this comparing the relative value of an SEA Pacific Ocean to the western foothills of cooperative approach, as opposed to on the western side of the Peninsula the Washington Cascades (Figure 4 to designating this area as a Special with a possible SEA on the northern § 17.41(c)). The Canadian border forms Emphasis Area, on the positive side of the Peninsula, the report noted the northern boundary and the commitments it has received from major that the western SEA ‘‘made a much Columbia River the southern boundary landowners in this region to negotiate greater contribution to owl numbers and of the province. Forest lands in the comprehensive HCPs. In addition, one occupancy rates than did the northern north and central portions of the of the landowners has entered into a SEA * * *. Mean numbers of pairs over province along Puget Sound have been ‘‘take avoidance’’ agreement while the 100-year simulation was as large converted to agricultural, industrial and working on their HCP. The take with the western SEA alone as with urban areas. The southwestern portion avoidance agreement insures that no both SEAs.’’ Thus, non-Federal lands on is dominated by commercial tree owls will be lost as the result of timber the northern portion of the Peninsula farming. Of the 6.5 million acres within harvest during the period in which the were not viewed as having any this province, only one percent is under HCP is being developed. appreciable capability of making a Federal management. 3. Western Washington Cascades significant contribution to the long-term a. NRF Habitat. NRF habitat in the Province conservation of the spotted owl on the Western Washington Lowlands consists, The Western Washington Cascades Olympic Peninsula. as a general matter, of coniferous or province occupies the land west of the Finally, the report stated that attempts mixed coniferous/hardwood forest with Cascades crest, from the Columbia River to maintain a ‘‘habitat connection across multiple canopy layers; multiple large north to the Canadian Border and west southwestern Washington * * * would overstory conifers greater than 20 inches to the Western Washington Lowland have little effect on the status of the owl dbh; and total canopy closure among province (Figure 4 to § 17.41(c)). This population on the Peninsula if that dominant, co-dominant and understory province contains about 6.1 million population was stable or nearly stable.’’ trees of greater than 60 percent. In other words, recent analysis suggests acres of land, of which approximately b. Dispersal Habitat. Dispersal habitat that the likelihood of addressing past 61 percent is in Federal ownership. in the Western Washington Lowlands concerns about the need to connect the Most of the non-federal lands occur consists, as a general matter, of Olympic Peninsula owl population to along the western edge of the province coniferous or mixed coniferous/ southwestern Washington owls in order and along the major mountain passes in to maintain a viable population is very hardwood forest with smaller dominant checkerboard ownership with Federal low, given current conditions, trees or lower canopy closure than NRF lands. especially when relying on the habitat; multiple canopy layers of a. NRF Habitat. NRF habitat in the application of incidental take multiple large overstory conifers greater Western Washington Cascades Province prohibitions. According to Holthausen, than 10 inches dbh; and a total canopy consists, as a general matter, of et. al, ‘‘* * * the populations of owls closure among dominant, co-dominant coniferous or mixed coniferous/ on the Peninsula is sufficiently large to and understory trees of greater than 60 hardwood forest with multiple canopy avoid any short to mid-term loss of percent. layers; multiple large overstory conifers genetic variation, * * *’’ Except for the Spotted owls in this province have greater than 20 inches dbh; and total western portion of the Peninsula where extremely low population levels due to canopy closure among dominant, co- non-Federal lands are still important, isolation of populations within the dominant and understory trees of the major problem for owls on the province and limited nesting, roosting, greater than 60 percent. Peninsula is the past loss of suitable and foraging habitat. The limited b. Dispersal Habitat. Dispersal habitat habitat on Federal lands. amount of habitat in this province also in the Western Washington Cascades a. NRF Habitat. NRF habitat on the contributes to the demographic isolation Province consists, as a general matter, of Olympic Peninsula consists, as a general of the Olympic Peninsula Province. As coniferous or mixed coniferous/ matter, of coniferous or mixed noted previously in the discussion on hardwood forest with smaller dominant coniferous/hardwood forest with the Olympic Peninsula, however, the trees or lower canopy closure than NRF multiple canopy layers; multiple large recent study by Holthausen et al. habitat; multiple canopy layers of overstory conifers greater than 20 inches suggested that even substantial multiple large overstory conifers greater in diameter at breast height (dbh); and conservation efforts in Southwest than 10 inches dbh; and a total canopy total canopy closure among dominant, Washington would be unlikely to make closure among dominant, co-dominant co-dominant and understory trees of any meaningful contribution to and understory trees of greater than 60 greater than 60 percent. maintaining a stable, long-term percent. b. Dispersal Habitat. Dispersal habitat population of owls on the Olympic A Habitat Conservation Plan (HCP) on the Olympic Peninsula consists, as a Peninsula. Thus, while Southwest was recently approved by the Fish and general matter, of coniferous or mixed Washington is important as part of the Wildlife Service to cover Murray Pacific coniferous/hardwood forest with historic range of the owl, the continued Corporation lands in Lewis County in smaller dominant trees or lower canopy application of blanket incidental take this Province. The permit for this 100- closure than NRF habitat; multiple prohibitions to the exceptionally limited year Habitat Conservation Plan for the canopy layers of multiple large suitable habitat that still exists there northern spotted owl was signed on overstory conifers greater than 10 inches makes any contribution to owls on the September 24, 1993, for the Murray dbh; and a total canopy closure among Olympic Peninsula minimal at best. Pacific Corporation, a Tacoma, 9494 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Washington, based timber company. Threats to the spotted owl in this the spotted owl’s widespread The plan provides for the development province include natural fragmentation distribution, the predominance of and maintenance of dispersal habitat for of spotted owl habitat by geological selection harvest methods, the rapid the spotted owl that is well distributed features; loss of spotted owl habitat from regrowth of habitat, and effective and over the 54,610 acres of the company’s wildfires; loss of habitat from timber comprehensive State wildlife land, while allowing limited taking of harvest activities; and low spotted owl conservation and forest practice spotted owls that is incidental to the populations in some areas of the regulations, threats are considered low company’s timber harvest activities. province. to moderate in this portion of the spotted owl’s range. The Murray Pacific planning area is California situated between the Mineral Block (an Because Federal lands in this isolated block of Forest Service land) 1. California Coastal Province province are limited, they play a small role in spotted owl conservation in this and the main portion of the Gifford Extending from the Oregon border province. Significant non-Federal Pinchot National Forest, that is located south to San Francisco Bay, this contributions to conservation are in immediately south of Mt. Rainier province lies west of the Six Rivers and National Park. The Mineral Block has place or under development in this area. Mendocino National Forests (Figure 4 to In addition to efforts by the state, been designated as a late-successional § 17.41(c)). It consists of approximately Federal reserve under the Forest Plan. described in more detail later, several 5.6 million acres, of which about 87 large timber companies in the coastal The management of Murray Pacific percent is in non-Federal ownership. property will promote the opportunity province have made substantial Timber management is the primary land investments in information-gathering for the dispersal of spotted owls to and use on about 2 million acres, and is from this isolated reserve, providing a and planning for spotted owl concentrated in the heavily-forested conservation. The Simpson Timber link with the Cascade Mountains redwood zone located within 20 miles population. The Mineral Block also Company has completed a Habitat of the Pacific Ocean coastline. In the Conservation Plan and received a hosts the most westerly extension of more inland and southerly portions of spotted owls in the Cascade Mountains. section 10(a) permit for the incidental the province, owl habitat is largely take of a limited number of spotted owls General threats to the spotted owl in confined to the lower portions of this province include low population on its 380,000-acre property. Pursuant drainages and is naturally fragmented to this plan, Simpson Timber has set levels, limited habitat in the northern by grasslands, hardwoods, and aside 40,000 acres of suitable owl portion of the province, declining chaparral, as well as by agricultural and habitat for at least ten years, is habitat, and dispersal problems in areas urban areas. conducting research on habitat of limited Federal ownership. a. NRF Habitat. NRF habitat in the characteristics, and has banded over 600 4. Eastern Washington Cascades California Coastal Province consists, as spotted owls. Province a general matter, of coniferous or mixed coniferous/hardwood forests with 2. California Klamath Province This province lies east of the crest of multiple canopy layers; multiple This province lies to the east of the the Cascades Mountains from the overstory conifers greater than 16 inches California Coastal province, and is Columbia River north to the Canadian dbh; and total canopy closure among contiguous with the Oregon Klamath Border (Figure 4 to § 17.41(c)). The dominant, co-dominant, and understory province (Figure 4 to § 17.41(c)). The province extends east to where suitable trees of greater than 60 percent. Some California Klamath province consists of spotted owl habitat naturally diminishes nest sites may occur in stands of smaller approximately 6.2 million acres, of and drier pine forests become prevalent. trees or with a lower canopy closure; which about 76 percent is in Federal Approximately 62 percent of the however, such sites are not typical. ownership. The U.S. Forest Service is province’s 5.7 million acres is in b. Dispersal Habitat. Dispersal habitat the primary land manager. About 25 Federal ownership. in the California Coastal Province percent of the Forest Service lands in a. NRF Habitat. NRF habitat in the consists, as a general matter, of the province are believed to be currently Eastern Washington Cascades Province coniferous or mixed coniferous/ suitable for nesting, roosting, and consists, as a general matter, of hardwood forests, with smaller foraging by the spotted owl. coniferous forest with stands that dominant trees or lower canopy closure a. NRF Habitat. NRF habitat in the contain greater than 20 percent fir than in NRF habitat; multiple canopy California Klamath Province consists, as (Douglas fir, grand fir) and/or hemlock layers, with multiple large overstory a general matter, of coniferous or mixed trees; multiple canopy layers of multiple conifers greater than 10 inches dbh; a coniferous/hardwood forests with large overstory conifers greater than 12 total canopy closure among dominant, multiple canopy layers; multiple inches dbh; and a canopy closure among co-dominant; and understory trees of overstory conifers greater than 16 inches dominant, co-dominant and understory greater than 40 percent. dbh; and total canopy closure among trees of greater than 50 percent. This province is unique in that it dominant, co-dominant, and understory b. Dispersal Habitat. Dispersal habitat supports several hundred pairs of trees of greater than 60 percent. Some in the Eastern Washington Cascades spotted owls (over 1⁄3 of the State’s nest sites may occur in stands of smaller Province consists, as a general matter, of population) within managed second- trees or with a lower canopy closure; coniferous forest with stands that growth timber stands. Factors that however, such sites are not typical. contain greater than 20 percent fir trees appear to contribute to the suitability of b. Dispersal Habitat. Dispersal habitat with smaller dominant trees or lower these second-growth stands include the in the California Klamath Province canopy closure than NRF habitat rapid growth of trees in the coastal consists, as a general matter, of multiple canopy layers of multiple large environment, the prevalence of coniferous or mixed coniferous/ overstory conifers of greater than 11 hardwood understories, and the hardwood forests, with smaller inches dbh; and total canopy closure widespread occurrence of a favored prey dominant trees or lower canopy closure among dominant, co-dominant and species, the dusky-footed woodrat. The than in NRF habitat; multiple canopy understory trees of greater than 50 primary threat to the spotted owl in this layers, with multiple large overstory percent. region is habitat alteration, but, due to conifers greater than 10 inches dbh; a Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9495 total canopy closure among dominant, the relatively dry climate and the habitat for owls whose site centers are co-dominant; and understory trees of history of recurrent wildfires in this on Federal lands. greater than 40 percent. province, spotted owl habitat is As of July 1, 1994, there were 5,431 In many areas of the province, spotted naturally fragmented by chaparral and known locations, or site centers, of owl habitat is naturally fragmented by stands of deciduous hardwoods. As is northern spotted owl pairs or resident chaparral, stands of deciduous the case in the California Klamath single owls in Washington, Oregon, and hardwoods, and low-elevation Province, the suppression of wildfire California (located between 1989 and vegetation types. In portions of the area, over the last century may have 1993)—851 sites (16 percent) in suppression of fire over the last century encouraged development of mixed- Washington, 2,893 (53 percent) in may have encouraged development of conifer habitat suitable for spotted owls. Oregon, and 1,687 (31 percent) in mixed-conifer habitat suitable for However, timber harvest has removed California. In Washington and Oregon, spotted owls. However, during the same substantial amounts of suitable habitat. owl site centers on non-Federal lands period, timber harvest has removed Existing spotted owl sites are widely are typically widely scattered. substantial amounts of suitable habitat. scattered, and the potential for dispersal Currently, 1,319 or 24 percent of known Owl populations throughout the across the province appears to be owl site centers are located on non- province were believed to be declining limited. This province provides the Federal lands—140 in Washington, 342 due to habitat loss at the time of listing, demographic and genetic linkage in Oregon, and 837 in California. Of and data suggest that populations may between the northern spotted owl and those in California, 631 or 75 percent of well be continuing to decline in the the California spotted owl of the Sierra the site centers located on non-Federal province’s only demographic study area Nevada range. lands are located in the California Coast (Franklin et al. 1992). In the southern a. NRF Habitat. NRF habitat in the Province, where owls are relatively portion of the province, especially on California Cascades Province consists, common in second-growth timber the Mendocino National Forest, spotted as a general matter, of coniferous or stands. Site centers in the interior owls and nesting, roosting, and foraging mixed coniferous/hardwood forests provinces of California are typically habitat are more scattered than in with multiple canopy layers; multiple scattered. In addition to the site centers northern areas due to both natural overstory conifers greater than 16 inches located on non-Federal lands in conditions and recent harvest. However, dbh; and total canopy closure among Washington, Oregon, and California, despite extensive habitat fragmentation dominant, co-dominant, and understory preliminary analyses indicate that there in some areas during the last two trees of greater than 60 percent. Some are 151 site centers in Washington, 810 decades, spotted owl populations nest sites may occur in stands of smaller centers in Oregon, and 204 centers in appear to remain distributed throughout trees or with a lower canopy closure; California, located on Federal lands that most parts of the province. however, such sites are not typical. are dependent upon some percentage of Until the listing of the spotted owl, b. Dispersal Habitat. Dispersal habitat suitable owl habitat on adjacent non- continued habitat alteration due to in the California Cascades Province Federal lands to support the owls. clear-cutting was a primary threat to the consists, as a general matter, of Non-Federal lands in certain portions species in this province. The most coniferous or mixed coniferous/ of the owl’s range are still necessary to important threat to habitat at the present hardwood forests, with smaller support and supplement the Federal time is wildfire. In the past six years, dominant trees or lower canopy closure lands-based owl conservation strategy. large fires have destroyed or degraded than in NRF habitat; multiple canopy While the type of support needed varies substantial quantities of owl habitat on layers, with multiple large overstory depending on local conditions, the three the Klamath, Shasta-Trinity, and conifers greater than 10 inches dbh; a general types of conservation support Mendocino National Forests. total canopy closure among dominant, needed within specially designated The Hoopa Valley Indian Reservation co-dominant; and understory trees of areas are: occupies about 88,000 acres along the greater than 40 percent. (1) Habitat on non-Federal lands near western margin of this province. The Currently, threats in this province Federal reserves where existing owl Hoopa Tribe has conducted forestry include low population numbers, populations are low to provide operations under section 7 consultation difficulty in providing for interacting demographic support for owl conducted between the Bureau of Indian population clusters, and fragmented populations. Areas that are needed to Affairs and the Service, and is preparing dispersal habitat. Catastrophic wildfire provide demographic support for a comprehensive integrated resource is also an important threat to habitat. In Federal reserves include, in management plan for forestry and 1992, a 70,000-acre fire in Shasta Washington: the western portion of the wildlife on their lands. The Tribe is also County substantially reduced the Olympic Peninsula Province and developing a Geographic Information likelihood of contact between the portions of the Eastern and Western System (GIS) data base to integrate northern spotted owl and the California Cascade provinces; and in California: spotted owl conservation into its timber spotted owl for the next several decades. the Cascades Province and the southern management program. The maintenance portion of the Klamath Province; Northern Spotted Owl Populations on of adequate dispersal condition in this (2) Dispersal habitat between Federal Non-Federal Lands area would improve the intra-provincial reserves, where Federal lands may not connectivity and dispersal between Due primarily to historic timber be distributed to prevent isolation of Federal reserves. harvest patterns, approximately 75 populations, or between non-Federal percent of the known rangewide ownerships where the distance between 3. California Cascades Province population of spotted owls is centered reserves is not great. Where distances This province lies east of the on Federal lands. Owl site centers on are large, scattered breeding sites may California Klamath province. It consists non-Federal lands are usually found in be important to improve connection of approximately 2.5 million acres, of remnant stands of older forest, or in between populations. Areas that can which about 46 percent is in Federal younger forests that have had time to provide valuable dispersal habitat on ownership (Figure 3 to § 17.41(c)). regenerate following harvest. In non-Federal lands include, in Checkerboard Federal and non-Federal addition, adjacent forested non-Federal Washington—the western portion of the ownership patterns predominate. Due to lands can provide foraging and dispersal Olympic Peninsula Province and 9496 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules portions of the Eastern and Western Regulations governing timber harvest on functional tool in protection of the Cascade Provinces; and in California— private and State lands (14 CFR § 895, species. the Coast and Cascades Provinces and 898, 919, 939). Registered Professional Following the listing of the northern small portions of the Klamath Province; Foresters licensed by the Board must spotted owl, the California Board of and submit Timber Harvest Plans (THP) to Forestry directed the Department of (3) Suitable habitat for breeding the California Department of Forestry Forestry and Fire Protection to prepare populations in areas where Federal and Fire Protection for review and a Habitat Conservation Plan (HCP) and ownership is limited. In these areas, approval. The California Department of section 10(a)(1)(B) incidental take functioning spotted owl populations are Fish and Game is also responsible for permit application to address all private desired to maintain a widely distributed reviewing THPs. THPs may be denied timber harvest regulated by the Board. population of owls. Areas where non- on a number of grounds, including Following a three-year planning effort Federal owl populations are believed to potential take of Federally or State listed by that Department and a number of play an important role in this regard threatened or endangered species. cooperators from agencies, industry, and include, in Washington—the western Following the Federal listing of the environmental groups, the Board tabled portion of the Olympic Peninsula northern spotted owl, the Board of consideration of the draft Habitat Province; and, in California—the Coast Forestry implemented no-take rules Conservation Plan because significant and Cascades Provinces. using standards based on biological issues remained unresolved, most advice from the Service. These notably the funding mechanism. The Recent Conservation Programs and standards include maintenance of over draft plan nevertheless represented a Strategies for the Northern Spotted Owl 1,300 acres of suitable owl habitat significant cooperative commitment to Non-Federal Management Efforts within 1.3 miles of every spotted owl resolve conservation issues by the State site center and 500 acres within 0.7 and other concerned parties and many To varying degrees, the laws, miles. The rules instituted a special of the biological elements of the draft regulations, and policies of California, review process for all proposed private HCP may have future application. Oregon, and Washington provide timber harvest to ensure that incidental Washington protection and contribute to the take would not occur. The process conservation of the spotted owl. Each of encouraged surveys for spotted owls in The spotted owl is listed under the three states is a cooperator with the THP areas according to a Service- Washington law as an endangered Secretary of the Interior under section 6 endorsed protocol (USFWS 1992). The species. The Washington Department of of the Act and each State has Board’s no-take rules have maintained Natural Resources has the responsibility cooperative agreements with the Service options for future management by for regulating timber harvest activities to carry out conservation activities for providing protection for habitat around on non-Federal lands under the listed and candidate species of plants every known spotted owl site center, authority of the Washington State Forest and animals. Under these agreements, and have resulted in greatly increased Practices Act (76.09 RCW) and its the States work cooperatively with the knowledge of the species’ numbers and implementing regulations (WAC Service on endangered and threatened distribution. Other Forest Practice 222.08–222.50). These regulations are species conservation projects and are Rules, including riparian buffers and promulgated by the Forest Practices eligible for cost-share grant money from limitations on clear-cut size, may Board. the Service to carry out State-directed provide additional contributions to the Recent regulations (WAC species research and conservation maintenance of spotted owl habitat in 222.16.080(1)(h) have required forest activities. Since the spotted owl was northern California. These include the practices on the 500 acres of suitable Federally listed, Washington, Oregon, 40-acre limitation on clear-cut size, habitat surrounding the site center of and California have recognized the limits on adjacency of clear-cuts, and known spotted owls to be reviewed Federal status of the spotted owl and protection of riparian buffers. under the State Environmental Policy have adopted forest management rules The Board of Forestry (Board) also Act, WAC 222.16.080(1)(h). In practice, offering various levels of protection for recently adopted rules establishing this rule has led landowners to avoid the species. In addition, numerous regulatory incentives for large-acreage applying for permits for forest practices changes have been made to State forest landowners who develop sustained within the 500-acre area. This regulation practices rules in the last few years in yield plans (SYPs). The SYP rules may expired on February 9, 1994, and has response to the needs of declining provide considerable benefit to spotted been extended pending approval of a species like the spotted owl, the owls, because ownerships operating final rule. The Forest Practices Board marbled murrelet, and various runs of under these rules must maintain has established a Scientific Advisory salmon. Relevant authorities and specified portions of each watershed in Group to recommend the scientific basis programs existing in the States of timber stands of large size classes for for a new rule to replace the current Washington and California are also several decades, thus providing spotted rule. No other forest practices regulation briefly described below. owl habitat components throughout the expressly addresses the protection of landscape. spotted owl habitat from timber harvest California The Department of Fish and Game activities. However, the Department California has adopted the most and Department of Forestry and Fire notifies individual landowners when a protective forest management Protection jointly maintain an proposed forest practice occurs within regulations for the spotted owl in the interagency data base of Federal and the median annual home range of a Pacific Northwest. The State has also non-Federal spotted owl locations. The known spotted owl pair or resident been in the forefront of efforts to Forest Practice Rules require that all single, and advises the landowner to approach forest management from an information on spotted owl sites that is contact the Service. In addition, several ecosystem perspective. generated during timber harvest other regulations contribute habitat Pursuant to the California Forest planning be submitted to this data base, benefitting spotted owls, including Practice Act, the California Board of and relevant data are made available to regulations requiring riparian zone Forestry establishes regulations under all parties planning timber harvest or protection, wetlands protection, and Title 14 of the California Code of other activities. Thus, the data base is a retention of wildlife reserve trees. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9497 Riparian management zone Past Federal Management Strategies successional Federal reserves should be regulations require the minimum Prior to its listing as a threatened placed closer together to increase the retention of 25-foot wide buffers along species, many different approaches to probability of successful spotted owl the sides of fish-bearing streams with a northern spotted owl management and dispersal between the reserves. In varying ratio of trees to be retained per research were undertaken by Federal addition, plans provided dispersal 1,000 feet of stream within the buffers, and State resource agencies, for habitat sufficient to support movements based on stream location, width and example, designation of ‘‘spotted owl between blocks. For this reserve design, bottom composition. habitat areas’’ or ‘‘SOHAs.’’ Each of successful dispersal would accomplish Wetland management regulations these approaches fulfilled different two objectives—it would help prevent require the establishment of a zone conservation objectives for the northern genetic isolation in individual owl surrounding non-forested wetlands spotted owl. The conservation objective populations and it would allow spotted which varies in width from a minimum of the earliest attempts at spotted owl owls to naturally recolonize important of 25 to 50 feet depending on the size areas that have few or no spotted owls management, which began in the mid- and category of the wetland. The present. By allowing spotted owls to 1970s, was to temporarily protect sites regulations also require the retention of disperse between a series of discrete that supported individual pairs of a minimum number of trees (75) per reserves, this reserve design could spotted owls. In the 1980s, management acre and that a percentage of those trees maintain a spotted owl population over strategies were based on conservation meet minimum size classifications (six a large area even if a single reserve was objectives that tried to avoid land use inches dbh) depending on the type of lost to catastrophe. wetland. Of this total, 25 trees are to be conflicts while managing spotted owls By way of example, the Interagency more than 12 inches dbh, and five of and late-successional forest habitat; Scientific Committee (ISC) developed a them are to be more than 20 inches dbh, these management strategies were conservation strategy based on where they exist. generally inadequate. A complete managing large, well-distributed Federal Clear-cut size and green-up discussion of the history and blocks of suitable spotted owl habitat regulations limit the maximum size of chronology of past spotted owl that were sufficiently connected to clear-cut harvest units to 120 acres, management attempts can be found in maintain a stable and well-distributed unless a State environmental Policy Act Thomas et al. (1990). population of spotted owls throughout review is undertaken that could boost Recent (post-listing) Federal northern their range (Thomas et al. 1990). The the potential size of the harvest to 240 spotted owl management strategies have ISC did not integrate non-Federal lands acres. The perimeter of harvest units been based on the establishment of a into its conservation strategy. To must meet minimum stand system of large, dispersed Federal land provide dispersal habitat between these qualifications to maintain age class reserves, with conservation objectives reserves, the ISC recommended a ‘‘50– diversity adjacent to the harvest unit somewhat different from earlier 11–40 rule’’ where 50 percent of Federal before harvest may proceed. strategies. These management strategies forest habitat (based on quarter- Wildlife reserve tree regulations were designed to meet the following townships) would be managed to retain require the retention of three snags conservation objectives—(1) provide dominant or co-dominant trees with an (minimum of 12 inches dbh), two green habitat to sustain approximately 20 or average of 11 inches dbh and provide a recruitment trees (minimum 10 inches more breeding pairs of spotted owls on minimum 40 percent canopy closure. dbh), and two down logs (minimum 12 each Federal reserve; (2) decrease the Canopy closure refers to the degree to inches diameter at the small end). chance of catastrophic loss of which the crowns (tops) of trees obscure Besides regulating forest practices in populations in reserves; (3) lower the the sky when viewed from below. The Washington, the Department of Natural risk of losing spotted owls from a ‘‘50–11–40’’ rule was set forth as one Resources (WDNR) administers reserve due to a single catastrophic method of providing for dispersal approximately five million acres of State event; and (4) ensure that adequate habitat on Federal forest lands; other lands, 2.1 million acres of which are habitat existed between the reserves for prescriptions have been and can be forested and managed in trust for dispersal of owls throughout its range. developed which provide comparable various beneficiaries. The WDNR has To fulfill these objectives, these dispersal conditions, e.g., Murray avoided the take of spotted owls on its management strategies proposed Pacific HCP dispersal prescription. lands and has begun preparation of an establishing a reserve network of HCP under section 10(a)(1)(B) of the Act Federal lands based on blocks of late- The Federal Forest Plan for all State lands in the range of the successional habitat of sufficient size The range of the spotted owl includes owl. The WDNR is also developing a and proximity to each other to maintain approximately 24,518,000 acres of conservation strategy for the spotted owl viable populations of the spotted owl Federal lands of which 20,577,000 acres that would be applied to the throughout its range. Assessments of are forested. The Forest Plan represents Congressionally mandated 264,000-acre these strategies have generally a management strategy for Federal State Experimental Forest on the recognized that, in certain areas of the LSOG-forests in the coastal western Olympic Peninsula. northern spotted owl’s range, Federal states of California, Oregon, and Apart from these efforts by State lands are not, by themselves, adequate Washington that provides habitat to government, various private efforts are to support the full recovery of the owl support the persistence of well underway to conserve spotted owls, although they could provide a major distributed populations of species that including the development of, or contribution toward the owl’s are associated with late-successional commitment to, HCPs and ‘‘no take’’ conservation in other parts of its range forests, including the northern spotted agreements by several major landowners (USDI 1992). owl. in the State. In addition, the Yakima To meet their conservation objectives, The Forest Plan established a network Indian Nation is developing a these management strategies generally of reserves totalling over 11.5 million conservation strategy for the spotted owl established Federal reserves designed to acres of Federal land in northern while continuing to follow its previous sustain at least 20 pairs of spotted owls California, Oregon, and Washington. interim spotted owl strategy and where conditions allowed. These That total includes 7.43 million acres of selective timber harvest regime. strategies assumed that any smaller late- late-successional reserves, 2.63 million 9498 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules acres of riparian reserves, and 1.48 expected to benefit northern spotted owl continued species existence in refugia, million acres of administratively management in the long-term, but with strong limitations on interactions withdrawn areas. This acreage is in would not be expected to contribute among local populations’’, and a similar addition to 7.32 million acres of substantially to owl conservation needs zero likelihood that implementation of Congressionally reserved lands. in the short-term. Suitable habitat for the option would result in ‘‘species The late-successional reserves the northern spotted owl represents extirpation from Federal lands’’. currently provide 3.2 million acres of approximately 0.37 million acres of the These probability judgments reflect suitable habitat for the spotted owl. The lands that have been designated as the contributions to conservation interim riparian reserve provide an AMAs. expected to be provided by the additional 0.74 million acres of suitable Programmed timber harvests also are implementation of the Forest Plan on habitat and the administratively allowed on approximately four million Federal lands. They indicate a high withdrawn areas provide an additional acres of Federal forests designated as the likelihood that, over the long-term, the 0.31 million acres of this habitat. Matrix under the Forest Plan. The Plan Forest Plan will provide conditions on Late-successional reserves are differs from previously proposed Federal lands that would contribute expected to provide the primary strategies in that the 50–11–40 rule does significantly to the conservation and contribution to the recovery of the not apply to Matrix areas between late- recovery needs of the spotted owl. This spotted owl by maintaining large successional and other Federal forest assessment is consistent with the clusters of spotted owls and spotted owl reserves. The Plan concluded that the Federal policy to provide the habitat throughout a significant portion need for spotted owl dispersal habitat predominant protection for spotted owls of the range of the species. The reserves could be met with the combination of on Federal lands and it is within this are expected to increase in value for reserves as proposed, plus additional context that the Service proposes to spotted owl recovery as young forested Matrix prescriptions. modify the incidental take prohibitions stands grow into suitable habitat and In Washington and Oregon, the Plan for certain non-Federal lands. increase their capacity to support requires leaving 15 percent of the trees additional numbers of stable spotted (‘‘green tree retention’’) in all harvest General Approach Used to Develop owl pairs. units on AMAs and matrix areas outside This Special Rule Programmed timber harvest of the Coast Ranges and Bureau of Land The goal of this proposed rule was to operations are not allowed in late- Management lands in southern Oregon. identify non-Federal lands that are no successional reserves under the Forest The Plan encourages these trees to be longer either necessary or advisable to Plan. However, carefully controlled left in small clumps with the the conservation of the spotted owl thinning activities are allowed in any expectation that they, along with the given the contributions of the Forest stand of one of these reserves less than riparian reserves, would contribute to Plan the likely possibility of numerous 80 years of age. Salvage operations also the creation of dispersal habitat. The large scale, multi-species Habitat would be allowed on these reserves in Forest Plan adopted this prescription to Conservation Plans, and other measures areas where catastrophic loss exceeded improve the future condition of these and practices in effect. In reviewing the ten acres. In both cases, harvest forests. These prescriptions could alternatives identified in the NOI, the proposals must be reviewed by an ultimately be adjusted as a result of Service evaluated the contributions to interagency oversight group to ensure watershed analysis and other planning the conservation of the owl provided by sound ecosystem management. activities related to the implementation the Forest Plan, past Federal owl No programmed timber harvest is of the Forest Plan. conservation strategies, existing State allowed in riparian reserves under the In California, the Forest Plan forest practices regulations, tribal Forest Plan and Federal agencies are incorporates the Matrix prescriptions conservation and private timber required to minimize the effects of contained in the draft National Forest management plans, as well as public roads, cattle grazing, and mining land management plans. These comments provided in response to the activities in these areas. These riparian prescriptions are designed to maintain NOI. reserves are eventually expected to dispersal habitat in a variety of timber The Service considered various provide a considerable amount of late- types. factors in identifying areas of non- successional forest, because they The FEMAT report (p. IV–43 and p. Federal land where relief could be currently represent approximately 31 IV–153) stated that implementation of provided and other areas where percent of the lands that would Option 9 (which served as the basis for incidental take restrictions should be otherwise be designated as Matrix. the Forest Plan) would result in a maintained at this time. The Service Based on current information (USDA et projected future likelihood of 83 percent first considered the conservation al. 1993), approximately .74 million that spotted owl ‘‘habitat is of sufficient benefits that the Federal Forest Plan acres (28 percent) of the 2.63 million quality, distribution, and abundance to provided the owl for a given area. These acres in riparian reserves currently allow the species population to stabilize benefits were then compared and provide suitable nesting, roosting, and in well distributed areas of Federal contrasted with the conservation goals foraging habitat for spotted owls and lands,’’ and a projected future for the area originally established under 1.42 million (54 percent) of the riparian likelihood of only 18 percent that the Final Draft Recovery Plan for the reserves provide suitable dispersal ‘‘habitat is of sufficient quality, northern spotted owl. The Service habitat for spotted owls. distribution, and abundance to allow focused particularly on Forest Plan The Forest Plan places 1.5 million the species population to stabilize, but impacts affecting the conservation of acres of Federal land in 10 special with some significant gaps in the owl habitat and owl numbers, as well as ‘‘Adaptive Management Areas (AMAs).’’ historic species distribution on Federal the size and location of Federal reserves. Management activities in these AMAs land. These gaps cause some limitation It then identified certain areas of non- would emphasize innovative forestry in interactions among local Federal land which were still important techniques with the goal of speeding populations.’’ Moreover, for owl conservation and what the attainment of late-successional implementation of Option 9 was rated conservation goals should be for such characteristics and on restoring by FEMAT as resulting in a zero areas. The Service gave particular care watersheds. These activities are likelihood that ‘‘habitat only allows and attention to the non-Federal lands Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9499 which were noted as important in the which was designed originally to would assess on a local area-by-area Report of the Forest Ecosystem generate dispersal habitat conditions for basis whether the continuation of the Management Assessment Team Federal lands only. incidental take prohibition on affected, (FEMAT), IV 150–151. In identifying For those areas where satisfactory adjacent non-Federal lands was still boundaries for such areas, the Service dispersal conditions likely are not necessary and advisable for achieving considered, among other things, current present, the Service believes that such the conservation goals of the Forest Plan owl population status on non-Federal conditions can be achieved over time for that area. The Service would then lift lands, the need for owl population through other means such as full the incidental take restrictions where support within adjacent Federal protection against incidental take, large warranted and require the protection of reserves, and the need for connectivity scale Habitat Conservation Planning only the closest 70 acres of suitable between such reserves. The Service also (HCPs), Local Option Conservation habitat surrounding an affected site attempted to exclude wherever possible Plans, or voluntary conservation center. large areas of non-Federal land with contributions by non-Federal Relief From Current Incidental Take little or no owl habitat. landowners. Recognizing the limitations The Forest Plan is a habitat based on Federal authority to mandate the Provisions in Washington conservation strategy that would anchor development of dispersal habitat in A total of approximately 10.6 million and secure millions of acres of Federal these areas, this proposed rule would acres of non-Federal land in the range land across the range of the spotted owl, encourage non-Federal landowners to of the spotted owl in Washington (the an unprecedented commitment of manage their lands in ways that are Washington Lowlands Province, Federal resources towards the more consistent with the conservation portions of the Western and Eastern conservation of the owl. Given that of the spotted owl. In some areas it Cascades Provinces and portions of the commitment to a habitat based strategy would remove the disincentives Olympic Peninsula Province) would be and the scope of the Forest Plan, the associated with maintaining suitable excluded from the boundaries of Service no longer believes that it is spotted owl habitat, and, would bring proposed Special Emphasis Areas essential to the conservation of the more certainty to future planning for (SEAs) and be exempted from the future spotted owl to continue to prohibit the timber management as well as for owl application of current incidental take incidental take of the owl on all non- conservation activities. restrictions for the northern spotted owl. Federal land located within the range of Upon consideration of all of the above Of this land base outside SEAs, 8.3 the owl. The Service also believes that factors, the following summarizes the million acres have some sort of forest the combination of Federal and non- provisions of this 4(d) rule: cover of which 5.24 million acres are in conifer cover. Actually, only a small Federal habitat based strategies for the Regulatory Provisions Common to Both percentage of these lands are currently spotted owl contained in this proposed Washington and California rule, the Forest Plan and multi-species affected by present incidental take Habitat Conservation Plans will, over Some protective measures for the owl prohibitions for owls. Absent this time, further the conservation of the would be identical for both the State of proposed rule, however, much of this species and its recovery. Washington and California. The remaining land could potentially be When developing objectives for prohibition on killing or injuring of affected should a spotted owl relocate to regulatory relief for non-Federal lands spotted owls would not be relieved in any adjacent suitable owl habitat at which were consistent with the Forest any part of the owl’s range by this some point in the future. Approximately Plan, the Service evaluated past proposed rule. Similarly, timber 1.7 million acres of non-Federal lands biological information and has harvesting of the closest 70 acres of would be left inside of SEAs. Of this concluded that it is still important to suitable owl habitat surrounding a site acreage figure, 1.3 million acres of non- retain the closest 70 acres of suitable center would remain prohibited Federal land is in conifer forest and owl habitat surrounding site center throughout Washington and California, would remain subject to the incidental regardless of whether the center is in an unless the site has been determined to take prohibitions for any owl found area of proposed relief or not. The be abandoned. present in this area. In fact, only a Service also believes that the substantial In addition, the Service would retain portion of this acreage inside SEAs is loss of suitable habitat within the for an additional two years, the currently affected by the presence of estimated median annual home range of prohibition against incidental take as owls. Of the approximately 510,000 an owl is likely to result in inadequate applied to owls which are dependent acres of non-Federal forestland which nesting, juvenile development, and upon non-Federal lands and whose site are today under incidental take adult dispersal and survival, and will centers are located within Federal restrictions for known owl sites, no less significantly increase the likelihood of Forest Plan Reserves or Congressionally than 325,000 acres or almost 60 percent actual harm to, and incidental take of, reserved or Administratively withdrawn would be relieved from such restrictions an owl. areas which are outside of Special as a result of this rule. As the riparian reserve, matrix, Emphasis Areas or are on the western Of the 140 spotted owl site centers on adaptive management areas, and late- portion of the Olympic Peninsula in non-Federal lands in Washington, 84 are successional reserve management Washington, or are located on Federal in the six proposed SEAs and would criteria of the Forest Plan are Forest Plan reserves or Congressionally retain current incidental take protection. implemented, along with the reserved or Administratively withdrawn Fifty-six spotted owl site centers are requirements of underlying State law areas within the Klamath Province in outside SEAs on non-Federal lands and and other provisions proposed in this California. At the end of this period, the would be released from current rule for owl protection, dispersal and Service will review any new incidental take prohibitions. There are connectivity conditions for the species’ information or data involving the status an additional 121 site centers on Federal survival should improve over time of such owls and their habitats in the lands within the proposed SEA’s, of throughout its range. For this reason, the affected areas, including the results of which 68 may be dependent on non- Service has chosen not to include in this any completed watershed analysis and Federal lands. There are also 83 site proposed rule mandatory dispersal other planning efforts under the Federal centers on Federal lands outside the prescriptions such as the 50–11–40 rule Forest Plan. In particular, the Service SEAs that may be dependent on non- 9500 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Federal lands. Of the 83 site centers does not believe that it is essential that This SEA is located along Swift Creek outside of SEAs, 71 site centers are existing incidental take restrictions be Reservoir and the Upper Lewis River, located within either a Federal Forest retained for an additional two years for south of the Mt. St. Helens National Plan Reserve or a Congressionally these three areas on the Peninsula. Monument. As with the White Salmon reserved or Administratively withdrawn SEA, this area was not included within Designation of Special Emphasis Areas area. The Olympic Peninsula contains the ‘‘Proposed Action’’ for the December 41 of these sites with the remaining 30 The six areas discussed below (Figure 29, 1993, NOI (58 FR 69132), but was sites located outside of SEAs in the rest 5 to § 17.41(c)) would be designated as included within ‘‘Alternative C’’ of the of the State. SEAs within Washington: NOI. Because of the public comments received in response to the NOI and Activities Outside of Designated SEAs (a) Columbia River Gorge/White Salmon (Figure 6 to § 17.41(c)). further analysis of spotted owl habitat in The Service proposes to reduce the The Columbia River Gorge portion of Washington (Hanson, et al. 1993), the current prohibition against the this SEA is in the southern portion of Service has determined that the incidental taking of owls for those non- the Washington Cascades province, inclusion of the Siouxon Creek SEA in Federal lands which are located outside north of the Columbia River and west of the 4(d) Rule is warranted. This SEA of SEAs proposed in Washington. In the Cascade crest. Non-Federal lands contains seven owl site centers, five on areas outside of SEAs, a non-Federal link owls and owl habitat between non-Federal land and two on Federal landowner would only be required to Federal reserves in the Washington land, and includes approximately retain the closest 70 acres of suitable Cascades and Oregon Cascades along 44,000 acres of non-Federal land and owl habitat surrounding an owl site the Columbia River Gorge, thereby 1,000 acres of Federal land. Owls on center. Legal and administrative contributing to the objectives of the these non-Federal lands are needed to boundaries were used wherever possible Forest Plan. supply demographic support to owl to assist in refining identified SEA The White Salmon portion of this populations on adjacent Federal boundaries. As noted above, the Service SEA is bordered by the Yakima Indian reserves and dispersal habitat is needed estimates that approximately 10.6 Reservation to the northeast, Federal to provide connectivity through the million acres of non-Federal land in lands and the Cascade crest to the west Lewis River Valley between the Washington lie outside of SEAs, of and the Columbia River to the south. reserves. which 5.24 million acres are forested The White Salmon area was not (c) Mineral Block (Figure 8 to with conifers. These would be the § 17.41(c)). included within the ‘‘Proposed Action’’ primary areas receiving relief under this This SEA surrounds a block of for the December 29, 1993, NOI (58 FR rule for Washington. In these areas, the Federal land (Mineral Block) that has incidental take of owls would not be 69132), but was included within been designated as a Federal reserve prohibited as long as timber harvest ‘‘Alternative C’’ of that NOI. As a result under the Forest Plan. The Mineral activities did not take place within the of public comments received in Block is about 12 miles west of the main closest 70 acres of suitable owl habitat response to the NOI, however, and part of the Gifford Pinchot National immediately surrounding an owl site recent analysis of spotted owl habitat in Forest. It is too small to support a center. Washington (Hanson, et al. 1993), the population of 20 owl pairs. Owl site As noted previously, the above Service has concluded that the centers on adjacent non-Federal lands reduction to 70-acres would not be inclusion of the White Salmon area as would support this population and to applicable for non-Federal lands part of this SEA is warranted. These provide a link to the Gifford Pinchot affected by any owl site center which is non-Federal lands are an important link National Forest. located within a Forest Plan reserve or to the owl population found on the This SEA contains 39,000 acres of Congressionally reserved or Yakima Indian Reservation to owl Federal land and 259,000 acres of non- Administratively withdrawn area which populations in Federal reserves to the Federal lands. Twelve owl site centers is outside of an SEA. The Service southwest. This portion of the SEA are on non-Federal lands in the SEA; 17 intends to reassess the importance of would provide a route around high- centers are located on Federal lands of these sites within the next two years as elevation terrain on Federal lands, which five rely to some degree upon additional data and planning through lower-elevation forests on non- adjacent non-Federal lands. The information is developed under the Federal lands to provide that needed conservation goals for this SEA are to Forest Plan. The one region in link. It also widens the zone of provide demographic support for the Washington where this two-year protection for the Cascades along the owl population in the Federal reserve. retention of prohibitions would not be Columbia River. (d) I–90 Corridor (Figure 9 to applied outside of an SEA would be on This combined SEA contains 37,000 § 17.41(c)). portions of the Olympic Peninsula. On acres of Federal land and 262,000 acres This SEA is north and south of the northern, eastern, and southern of non-Federal lands. Sixteen owl site Interstate-90 (I–90) between North Bend parts of the Peninsula, non-Federal centers are on non-Federal lands and 3 and Ellensburg, Washington. This area landowners would only be required to site centers are on Federal land within is in checkerboard, intermingled Federal preserve the closest 70 acres of suitable this SEA, with one site activity center and non-Federal ownership, a portion of habitat surrounding a site center on Federal lands which relies to some which is included in the Snoqualmie regardless of whether the site center is degree upon adjacent non-Federal lands. Pass AMA under the Forest Plan. This located within a Federal reserve or The conservation goals for this general area has been repeatedly withdrawn area. The Service believes combined SEA are to maintain identified as being important to the that the recent Reanalysis Team Report connections between provinces and the conservation of the owl to maintain a for the Olympic Peninsula (Holthausen, owl population on the Yakima Indian connectivity link between the northern et al., 1994) addresses the issue of the Reservation, and to provide and southern portions of the contribution that such non-Federal areas demographic support to the owl Washington Cascades (Thomas et al., provide toward achieving the goal of population in the Federal reserves. 1990 and Hanson et al. 1993). Existing recovery of the owls on the Peninsula. (b) Siouxon Creek (Figure 7 to habitat for spotted owls is locally sparse Under these circumstances, the Service § 17.41(c)). and highly fragmented. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9501 Non-Federal lands in this SEA would proposes to significantly scale back the SEA would briefly protect home range support the efforts of the Forest Plan by size of the SEA for the Peninsula and to areas for the few owls in the area, but providing dispersal habitat (and some relieve incidental take restrictions for once those owls die or move away, the nesting, roosting and foraging habitat) spotted owls for the remainder of the protection for their home range areas for owl populations that are on the Peninsula. Of the Federal lands on the would fade away as well, resulting in north and south sides of I–90, and Olympic Peninsula, only 8,400 acres of the eventual harvest of the areas. between Federal reserves and the AMA. suitable owl habitat are available for Moreover, while Southwest Washington Owls that are on non-Federal land timber harvest under the Federal Forest previously had been assigned an would provide valuable demographic Plan. important conservation function for support of owl populations in adjacent There has been long standing concern providing connectivity with the isolated Federal reserves that are low in about the viability and persistence of population of owls on the Olympic numbers. Federal reserves that are in spotted owls on the Olympic Peninsula. Peninsula in the Final Draft Spotted checkerboard ownership are also in A recent reanalysis of the contribution Owl Recovery Plan, recent reanalysis by need of demographic support for owls of Federal and non-Federal habitat to Holthausen et al. indicates that the because of their fragmented ownership persistence of the northern spotted owl feasibility of the area ever serving this pattern and degraded habitat conditions. on the Olympic Peninsula (Holthausen connectivity function, especially This SEA contains 383,000 acres of et al. 1994) concluded that there were through application of incidental take Federal land and 400,000 acres of non- 155 known owl pairs on the Olympic prohibitions, is very low. Federal lands. Twenty-nine owl site Peninsula and estimated a total Apart from considerations involving centers are on non-Federal lands in this population of between 282 and 321 the Olympic Peninsula, the limited SEA; 78 site centers are located on pairs. These estimates are substantially number of owls in southwest Federal lands of which 53 rely to some higher than earlier reported estimates. Washington and lack of present suitable degree upon adjacent non-Federal lands. The Hoh/Clearwater SEA habitat provide further support to the Conservation goals for this SEA include encompassing the western portion of the Service’s decision to take an innovative demographic support for adjacent late- Peninsula contains about 1,000 acres of approach to owl conservation in this Federal lands and 471,000 acres of non- successional reserves and connectivity area. While the Service might be able to Federal lands. Twenty owl site centers between reserves. Changes to the eastern prevent someone from destroying are located on non-Federal lands in this boundaries of this SEA from the NOI in certain areas of existing suitable owl SEA. Conservation goals for this SEA this proposal were made to better habitat where an owl is present, the Act are to maintain demographic support for promote dispersal success of owls cannot be used to force people to restore Federal reserves, maintain a well- located within the eastern portion of or enhance owl habitat that has already distributed population, and provide this SEA. been destroyed or degraded. Thus, most (e) Finney Block (Figure 10 to connectivity within the province and landowners in Southwest Washington § 17.41(c)). between late-successional reserves. have little to no incentive at present to This SEA includes the non-Federal Changes in this SEA from the NOI were lands that surround the Finney Block made to support the Federal effort in develop habitat that is attractive to owls. AMA on the Mt. Baker-Snoqualmie this province by drawing upon the The acquisition of sufficient non- National Forest. This SEA would link resources of the remaining non-Federal Federal land in Southwest Washington owl populations in Federal reserves concentration of owls and owl habitat to establish a network of owl with the owl population in the AMA. on the western side of the Peninsula. conservation reserves is not a feasible Owls located on non-Federal lands in The reanalysis report assessed the alternative either. The Final Draft this SEA also would bolster the owl relative value of the Hoh/Clearwater Recovery Plan for the Spotted Owl populations in the Federal reserves and SEA boundaries as proposed by the estimated that the cost of such a reserve the AMA. These actions would Service and did not compare or contrast network could range from $200 million supplement the Federal efforts under alternative SEA boundary to $2 billion. Thus, neither land the Forest Plan by contributing to the configurations for the western side of acquisition nor traditional enforcement stabilization of owl populations within the Peninsula. policies are feasible catalysts for owl this portion of the species range. Although recommendations were conservation in an area such as this This SEA contains 196,000 acres of included in recent reports (USDI 1992, which has limited suitable owl habitat. Federal land and 266,000 acres of non- Hanson et al. 1993, Buchanan et al. Recognizing the historic role that Federal lands. Two owl site centers are 1994) to retain incidental take Southwest Washington played within on non-Federal land in this SEA; 21 restrictions on non-Federal lands in the range of the owl, the Service is centers are located on Federal lands of southwestern Washington, the Service attempting to address these problems by which seven rely to some degree upon believes that current non-Federal aggressively moving forward with the adjacent non-Federal lands. conservation planning activities (e.g., development of multi-species Habitat Conservation goals for this SEA include multi-species HCPs and no-take plans), Conservation Plans with several of the demographic support for the AMA and new analyses (Holthausen et al. 1994), large landowners in this province. In Federal reserves and connectivity and other relevant factors support the addition, one of the landowners has between Federal reserves. decision not to propose southwestern entered into a ‘‘take avoidance’’ (f) Hoh/Clearwater (Olympic Washington as an SEA. The Service agreement covering 100,000 acres while Peninsula) (Figure 11 to § 17.41(c)). reached this conclusion on Southwest working on their HCP. The agreement Upon consideration of a recent Washington for a variety of reasons. ensures that no owls will be taken as the reanalysis of owl persistence on the First, while Southwest Washington result of timber harvest during the Olympic Peninsula (Holthausen et al. constitutes an important part of the period in which the HCP is being 1994) and other data and information, historic range of the spotted owl, there developed. Thus, innovative approaches the Service has decided to alter its presently are only a small number of towards conservation provide the only approach to the Olympic Peninsula isolated owl pairs or resident singles realistic hope for facilitating long-term from that set out in the NOI in across a vast expanse of marginal owl owl use and dispersal within December of 1993. The Service now habitat. The inclusion of this area in an Southwestern Washington. 9502 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Retention of Incidental Take As noted previously in a discussion of Based on this analysis, the Service Restrictions for Activities Inside of SEAs this review process, the Service would concluded that relief from the incidental Subject to certain specified assess on an area-by-area basis whether take prohibition for owls for landowners exceptions, the Service generally would the continuation of the incidental take with less than 80 acres of forestland retain existing incidental take protection prohibition on affected non-Federal within, or adjacent to, SEAs would have for owls located within SEAs. The lands was still necessary and advisable a deminimis impact upon owl Service also would retain full incidental for achieving the conservation goals of conservation across the State. Moreover, take protection for any owl whose site the Forest Plan. The Service would lift given various technology limitations center is located within and along the the incidental take restrictions where and the potential causation and burden boundary of an SEA and is dependent warranted and authorize the adoption of of proof problems associated with the final matrix or AMA prescriptions, proving incidental take to an owl from upon adjacent non-Federal lands at the discretion of the affected non- small scale land use activities of any located outside of the SEA to avoid Federal landowner, as a means of one particular small landowner, the harm. Thus, there are two categories of avoiding an unauthorized incidental Service believes that there is a better non-Federal lands which could remain take of an owl. allocation of its limited law enforcement subject to existing incidental take One limited exception that the resources than to attempt to enforce restrictions for an owl whose site center Service proposes to make to current incidental take restrictions on someone is located within the boundary of an incidental take restrictions within SEAs owning 80 acres or less of forest land. SEA—those adjacent non-Federal lands would involve small landowners. The Service also proposes a ‘‘Local located inside an SEA and those Except for the closest 70 acres of Option Conservation Plan’’ or Local adjacent lands located outside of an suitable habitat around owl site centers Option approach to provide small and SEA boundary but which are still themselves, the Service proposes to mid-sized landowners with additional necessary to provide sufficient suitable relieve incidental take restrictions for flexibility in dealing with incidental owl habitat so as to avoid the incidental small landowners who own, as of the take restrictions. take of an owl. date of this proposed rulemaking, no The prohibition against incidental One modification that the Service more than 80 acres of forestlands in a take in SEAs indirectly assists in proposes to make to existing incidental given SEA in Washington. The Service maintaining pockets of suitable and take restrictions within SEAs would would also extend this proposal to small dispersal habitat through the continued involve non-Federal lands surrounded landowners who are outside of, but protection of suitable owl habitat by or located in matrix and AMA areas adjacent to, an SEA and whose lands are around site centers. This prohibition designated under the Federal Forest affected by the incidental take also helps provide future stocks of Plan. The Service proposes to authorize restrictions for an owl whose site center juvenile spotted owls who would be such affected non-Federal landowners is located within the SEA. For these more likely to migrate between key involved in harvest activities to apply landowners, the maximum ownership reserves. Since a primary need in many either the final management figure of 80 acres would be calculated of these connectors is the development prescriptions delineated for the based upon the amount of land they and maintenance of spotted owl surrounding Federal Matrix/AMA land, owned inside an SEA and the amount dispersal habitat, the Service as determined through the watershed of land outside the boundary of an SEA acknowledges that alternative means analysis or AMA planning processes, as which was affected by current may be developed for achieving that appropriate, or such management incidental take restrictions for an owl objective. The use of the general practices which comply with the inside an SEA. incidental take prohibition in SEAs in current incidental take restrictions. The 80-acre figure for small Washington is valuable when dealing Application of either management landowners was selected after an with a wide-ranging species like the strategy would absolve the affected non- analysis of land ownership patterns and northern spotted owl. Nevertheless, the Federal landowner from any liability for an accounting for the size and location Service recognizes the value in incidental take of an owl under the Act. of lands covered by the Forest Plan, providing flexibility in a section 4(d) This would result in the application of State forestlands, industrial forestlands, rule to allow for the modification of more uniform owl conservation and known large ownerships of non- such prohibitions to better reflect local standards within a matrix or AMA area industrial forestlands. The Service also ecological conditions for a given area. regardless of land ownership. considered the fact that past Forest Furthermore, in focusing on a single The one exception to this policy Service studies have shown that only a species objective in Special Emphasis would be where the adoption of matrix very small fraction of small landowners Areas, broader landscape, watershed, or or AMA prescriptions could result in own forested lands for the exclusive ecosystem conservation possibilities the incidental take of an owl whose site purpose of economic return from may be foreclosed. One of the key center is located within a Forest Plan commercial harvest. In addition, most lessons the Service has learned in reserve or Congressionally reserved or small landowners utilize selective dealing with northern spotted owl Administratively withdrawn area. As harvest techniques or small clear cuts issues over the years is that the would be the case for similar site which would generate only very minor variability of habitats and silvicultural centers outside of SEAs, the incidental and incremental effects on any practices is such that there might be take restrictions would continue to particular owl. Despite their normal more than one approach for providing apply for at least two more years for site practices, however, the small conservation benefits to the owl. For centers within reserve or withdrawn landowners of the Northwest have that reason, this rule proposes to areas. At the end of this period, the resorted to ‘‘panic cutting’’ over their establish a Local Conservation Planning Service will review any new data or fear of Federal restrictions to protect Option. information involving the status of such owls. It is this category of landowner, in The ‘‘Local Option’’ process would be owls and their habitats in the affected particular, who needs to be provided limited to non-Federal landowners who areas, including the results of any sufficient assurances of relief so they own, as of the date of this proposed completed watershed analysis and other revert back to their past practices of low rulemaking, between 80 and 5,000 acres planning efforts under the Forest Plan. impact forestry. of forestlands in an SEA in Washington. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9503 This process could result in the incidental take. Finally, non-Federal in the Plan. The Service will review authorization for the incidental take of landowners who have 5,000 or more each proposed Local Option Plan an owl in exchange for an agreement to acres of forestlands within an SEA in cooperatively with the affected State grow or maintain dispersal habitat. The Washington would only receive relief wildlife agency to ensure that the local option conservation planning from incidental take prohibitions for the conservation objectives for the owl in process would not apply, however, to spotted owl by completing an HCP and the affected area will not be precluded those particular areas within a given obtaining a permit under Section and that the proposal is complementary SEA where the continued maintenance 10(a)(1)(B) of the Act. to the Federal Forest Plan. of suitable owl habitat on non-Federal The landowner-initiated Local Option Under the local option process of this lands is determined to be necessary and process must still provide for the proposed rule, the primary focus would advisable in order to provide primary spotted owl conservation be on the spotted owl, although there demographic support for adjacent objective specified for the Special might be opportunities for conserving Federal owl reserves. Emphasis Area where the property is other associated plant and animal There is no official acreage located. The Service encourages species. Approval of a local option designation defining a large acreage individual and adjacent multiple conservation plan would be an landowner that is common to the three landowners to take advantage of this expedited process (compared to the HCP States of Washington, Oregon and option cooperatively to achieve broader permit mechanism) through California. Definitions of small, medium ecosystem conservation objectives incorporation of specific conservation and large land ownerships vary and which could have these benefits: criteria and guidance provided by this more often differentiate between non- —multiple landowners could proposed rule. A non-Federal landowner or local or industrial or non-commercial private collaborate to provide greater State government may submit an landowners. For purposes of various management flexibility, more effective application to the Service for approval State regulatory analyses, taxation or conservation benefits, and to of a proposed local option plan. If economic policies, and Association minimize administrative costs; requested, the Service would provide memberships, e.g. Washington Farm —multiple species and habitats could be further guidance for the development of Forestry Association, acreages ranging considered, potentially reducing the a local option plan for a particular area. from 2,000 to 10,000 acres have been need to list declining species or However, the applicant is responsible used to differentiate between industrial anticipating requirements of future and non-industrial landowners. For ultimately for the preparation of a local listings; option plan proposal. The Service will example, 5,000 acres is generally the for —land management treatments could be responsible for ensuring the plan’s adjacent Federal owl reserves. become more consistent from Federal There is no official acreage compliance with the National to non-Federal lands, particularly in designation defining a large acreage Environmental Policy Act. Appropriate checkerboard areas; and landowner that is common to the three State of Washington agencies may elect —landowners could exercise additional States of Washington, Oregon and to participate with the Service in the flexibility to plan their forestry California. Definitions of small, medium review of local option plan proposals for operations so as to best reflect and large land ownerships vary and areas within the State. In addition, if the more often differentiate between non- localized environmental conditions State’s regulations are consistent with industrial or non-commercial private within a Special Emphasis Area. this rule, a local option plan proposal landowners. For purposes of various This proposed rule would provide could be certified through a State review State regulatory analyses, taxation or non-Federal landowners in Washington, process. economic policies, and Association in cooperation with the appropriate In determining the criteria for memberships, e.g. Washington Farm State agencies, the option of developing approval of a local option plan, the Forestry Association, acreages ranging cooperative local conservation plans for Service has considered the information from 2,000 to 10,000 acres have been timber harvests in areas of up to 5,000 and approval requirements set forth at used to differentiate between industrial acres within SEAs where the incidental 50 CFR 17.32(b) for a section 10 HCP and non-industrial landowners. For take prohibition for the northern spotted permit. Those requirements have been example, 5,000 acres is generally the owl would not be relieved by this further streamlined for local option maximum acreage break-off point in proposed rule. These cooperative plans planning and have been tailored to meet Oregon to distinguish a non-industrial could provide non-Federal landowners the specific conservation needs of the forestland owner from an industrial one. with the opportunity to develop spotted owl. Contracts with a mill will also qualify alternative management strategies or Service approval of a local option landowners as industrial. Given the prescriptions for addressing the conservation plan will be based on range of acreage figures that has been conservation needs of the owl. consideration of the information utilized among the three States, the The Local Option Conservation required to be submitted with an Service believes that a 5,000 acre break Planning process is designed to application for approval of a plan. point is reasonable for purposes of this encourage creative approaches to the Applications for approval of a local 4(d) rule. Accordingly, landowners with conservation of the spotted owl by option conservation plan must be less than 80 acres of forestland within building flexibility into the regulatory submitted to the Field Supervisor of the an SEA have been treated as small process. Such efforts encourage Fish and Wildlife Service office in landowners within this rule and have coordinated management of listed Olympia, Washington. been provided specific relief up front. species, like the northern spotted owl One additional proposed provision Landowners with overall forestland and the marbled murrelet. If a Local affecting timber harvest activities within holdings greater than 80 acres and not Option Plan is approved by the Service an SEA involves the recognition and more than 5,000 acres within an SEA in consultation with the appropriate establishment of a ‘‘safe harbor’’ from are considered to be medium sized State wildlife agency, the prohibition owl incidental take liability where more landowners and may pursue the ‘‘Local against take of northern spotted owls than 40 percent suitable habitat Option’’ process to seek greater incidental to timber harvests may be remains, post-harvest, within an owl’s flexibility in addressing prohibitions an modified, to some degree, as specified median annual home range. Although 9504 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules some studies have suggested that rates conservation goals of the Federal Forest laws by preserving species and of owl reproduction and survival may Plan as applied in that State. The actual ecosystems before they are on the verge be affected to some degree at a percent scope and extent of relief for these four of extinction. Planning criteria and of suitable habitat above 40 percent, the areas would be one of the primary conservation strategies for certain benefits of timber management certainty issues to be addressed through the species and communities are developed and the problem of enforcement NCCP process. These four areas are by scientific review panels. difficulties tied to issues of causation called potential ‘‘California The California Resources Agency has nevertheless warrant a ‘‘safe harbor’’ Conservation Planning Areas’’ (CCPAs) indicated a willingness to consider approach. Thus, in those instances for purposes of this proposed rule. initiating an NCCP process for portions where more than 40 percent suitable of the range of the spotted owl. The Relief From Current Incidental Take owl habitat remains within an owl’s Service would encourage the California Restrictions Inside The Klamath median annual home range after Resources Agency to convene key Province Relief Area harvest, a landowner would not be stakeholders and regulatory agencies in liable for prosecution should the The proposed rule would result in a an NCCP process for the California incidental take of an owl nevertheless reduction of the prohibition against Cascades, Coastal, Hardwood and Wells occur despite their best efforts to avoid incidental taking of owls for non- Mountain-Bully Choop areas of the State take. Federal lands within most of the (Figures 2 and 3 to § 17.41(c)). The Klamath Province in a zone called the Service recognizes that the actual Relief From Current Incidental Take Klamath Province Relief Area (Figure 1 designation of any CCPA is a Provisions in California to § 17.41(c)). There are 105 spotted owl discretionary administrative matter This proposed rule contains a shift in site centers located on non-Federal land controlled by the California Resources approach for California which has within the Klamath Province Relief Agency. Accordingly, this proposed rule evolved since the publication of the NOI Center. An additional 117 site centers would recognize these four regions as in December of 1993. The December 29, are on Federal land within the Relief potential CCPA areas, serving as a 1993, NOI did not specify any particular Area which are dependent to some ‘‘place holder’’ in the 4(d) rule until area in California where incidental take degree upon adjacent non-Federal lands. such time as an NCCP planning process prohibitions would be relaxed, but Within the area of relief, a landowner is undertaken and completed. One goal instead stated the Service’s intent to would only be required to retain the of such a planning effort would be to defer to California law to provide for the closest 70 acres of suitable owl habitat facilitate and encourage the conservation of the spotted owl. In surrounding a site center. Thus, the development of ownership-wide or anticipation of that possibility, the incidental take of the spotted owl would Region-wide management plans and California Board of Forestry considered not be prohibited for timber harvest criteria which adequately provide for a May 1994 proposal from the California activities outside those 70 acres. Such the conservation needs of the owl and Resources Agency that would have relief would not be provided throughout which complement the owl required maintenance of suitable owl the entire Klamath Province however. In conservation goals of the Federal Forest habitat as a portion of every watershed. particular, it would not be provided in Plan. The actual content and scope of The timber industry regarded the those areas that overlap with the such plans would be developed through proposal as too restrictive, and boundaries of potential CCPAs, the NCCP process itself. Ultimately, the regulatory agencies believed it would be including the Wells Mountain-Bully planning process must address, to the too expensive to administer, so, the Choop and the Hardwood Region Areas satisfaction of the State regulatory Board of Forestry tabled the proposal. of the Klamath Province (Figure 1 to agencies and the Service, an appropriate To provide a possible resolution of § 17.41(c)). Relief would also not be balance between providing some this impasse, the Service proposes a provided for those owls in the Klamath measure of regulatory relief while new structure in this proposed rule as Province Relief Area whose site centers achieving or maintaining the it applies to California which is are located on Federal Forest Plan conservation goals for the spotted owl consistent with the Service’s original reserves or Congressionally reserved or for a particular region. underlying biological assumptions for Administratively withdrawn areas and Under the NCCP approach, the the owl in that State, as set forth in the are dependent upon adjacent non- incidental take of the spotted owl would December 29, 1993, NOI. The Service Federal lands. As noted previously in a not be prohibited under the Act if take proposes to provide some immediate discussion of similar site centers in the were the result of activities conducted relief from incidental take in most of the State of Washington, the Service will according to an approved CCPA plan. California Klamath Province and for reassess the need for such continued This would require the Service to first small landowners in the remainder of protection over the next two years and determine, in consultation with the northern California within the range of will provide additional relief where California Departments of Fish and the northern spotted owl. To encourage warranted at the end of this assessment. Game and Forestry and Fire Protection, additional comprehensive conservation that the plan meets the overall planning for the spotted owl and other The California Cascades, Coastal, requirements of the Act and the species which is available under the Hardwood Region and Wells Mountain- conservation goals for the owl in that California Natural Communities Bully Choop CCPAs area and is complementary to the Conservation Planning program (NCCP), California’s NCCP program (California Federal Forest Plan. The process should additional relief for four other areas of Fish and Game Code 2800 et seq.) was also consider the extent to which new northern California (the California initiated in 1991 to develop plans that Board of Forestry Sustained Yield Plans Cascades, Coastal, Hardwood, and Wells would preserve biological diversity and (SYPs) could be used as a basis for Mountain-Bully Choop Regions) (Figure reconcile development and wildlife incidental take authorization, provided 1 to § 17.41(c)) would be available needs on a local and regional level. It is that such SYPs had been reviewed and contingent upon the successful designed to encourage public/private approved by the Service after completion of a NCCP initiative for sector cooperation, maintain local consultation with appropriate State spotted owls which is complementary control over land use decisions, and agencies. A joint State and Federal to, or not consistent with the owl meet the objectives of State and Federal National Environmental Policy Act/ Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9505 California Environmental Quality Act counties (Del Norte, Humboldt, and not proposing to remove the prohibition (NEPA)/(CEQA) document could be Mendocino) meet or exceed the of incidental take for this area at this prepared to review the environmental standard for spotted owl dispersal time, but will cooperate in anticipated effects of each CCPA plan, including habitat described by the ISC (Thomas et efforts by the California Resources any incidental take of owls. al. 1990). Some degree of incidental take Agency to utilize the NCCP process to Potential CCPA boundaries described could be accommodated while further refine an acceptable owl below were derived from earlier maintaining a well-distributed spotted conservation program for this area that planning efforts by the State (CDF 1992) owl population. The magnitude of such addresses the question of additional and knowledge of current Federal incidental take, however, would be one relief. conservation efforts. To the extent that of the items to be addressed through the (b) Hardwood Region (Figure 2 to the boundaries of these potential CCPAs NCCP process. § 17.41(c)). are somewhat different from traditional Because Federal lands are limited, In the southern portion of the past descriptions of spotted owl they play a small role in the California Coast Province and the provinces in California, they merely conservation of the species in the California Klamath Province, suitable represent sub-units of owl provinces. California Coastal area. The Forest Plan habitat is scattered due to effects of The areas discussed below could be has placed most of the existing late- climate, soils, and human development. designated as CCPAs under the successional forests in the BLM’s This area, which includes much of Lake, California NCCP Act for purposes of scattered parcels (a few thousand acres) Sonoma, Napa, and Marin Counties is northern spotted owl or possible multi- into reserves, and Redwood National dominated by hardwoods and was species conservation planning. Of the Park also provides late-successional designated as the Hardwoods 837 spotted owl site centers on non- habitat in the northern portion of this Subprovince during the California HCP Federal lands in California, 732 are in area. However, these limited Federal planning effort (CDF 1992). It consists of the combined, proposed CCPAs. There reserves cannot support enough spotted approximately 755,000 acres of Federal are an additional 228 site centers on owls to provide for the conservation of land and 2.0 million acres of non- Federal lands within the proposed the species in the coastal province. Federal land. Approximately 57 owl site CCPAs, of which 87 rely to some degree Therefore, non-Federal lands are centers located on non-Federal lands are upon adjacent non-Federal lands. generally very important to the known in this area; 70 site centers are (a) Coastal Area (Figure 2 to conservation of the spotted owl. located on Federal land of which 9 rely § 17.41(c)). Significant non-Federal conservation to some degree upon non-Federal lands. Extending from the Oregon border efforts are already in place or under In this area, spotted owls are widely south to San Francisco Bay, this area is development in the California Coastal scattered and often isolated in small west of the Six Rivers and Mendocino area. Several timber companies have patches of habitat. Because the area National Forests. It consists of made substantial investments in contains minimal Federal land, approximately 293,000 acres of Federal information-gathering and planning for maintenance of the species’ current land, and 3.6 million acres of non- owl conservation. The Simpson Timber range would depend almost entirely on Federal land. Timber management is the Company has completed an HCP providing for owls on non-Federal primary land use on about 2 million (Simpson 1992) and received a permit lands. acres and is concentrated in the heavily for incidental take of a limited number (c) Wells Mountains—Bully Choop forested redwood zone within 20 miles of spotted owls on its 380,000-acre (Figure 3 to § 17.41(c)). of the Pacific Ocean coastline. In the property. Pursuant to the HCP, Simpson This area is in eastern Trinity County more inland and southerly portions of Timber has set aside 40,000 acres for at south of the Salmon-Trinity Alps the area, spotted owl habitat is largely least 10 years, is conducting research on Wilderness, and, as identified in the confined to the lower portions of habitat characteristics, and has banded draft Recovery Plan, provides an drainages and is naturally fragmented more than 600 owls. The Pacific Lumber important link between the California by grasslands, hardwoods, and Company is conducting banding and Klamath Province and the California chaparral. radio-telemetry studies, and has Cascades Province. This area consists of The coastal area of northern California completed a management plan for its approximately 116,000 acres of Federal plays an important role in the 200,000-acre property that maintains land and 176,000 acres of non-Federal conservation of the species. It represents owl habitat in every watershed and lands, and is managed under Sierra- more than 10 percent of the range of the protects all spotted owl nest sites from Pacific Industries’ no-take owl spotted owl and has substantial owl take. The Georgia-Pacific and Louisiana- management plan. Approximately 13 populations in managed forests. Pacific Corporations have conducted owl site centers located on non-Federal Approximately 642 owl site centers banding and radio-telemetry studies in lands are known in this area; 7 site located on non-Federal lands are known cooperation with the CDFG; analyses of centers are located on Federal lands of in this area, virtually all of them are in these data are under way. Numerous which all 7 rely to some degree upon managed second-growth timber stands; smaller-acreage landowners have adjacent non-Federal lands. 66 site centers are located on Federal conducted surveys and provided data to Conservation goals include maintenance lands of which 30 rely to some degree the State’s spotted owl database. of owl populations and dispersal upon adjacent non-Federal lands. Planning a conservation strategy for habitat. Due to the owl’s widespread spotted owls in the California Coastal (d) California Cascades (Figure 3 to distribution, the predominance of area is a complex task due to the large § 17.41(c)). selective harvest methods, and the rapid number of landowners (conservatively The California Cascades Province is regrowth of habitat, the degree of threat estimated at 30,000 to 50,000 (CDF east of the California Klamath Province. to the species in much of this area 1992). Therefore, except for a small It consists of approximately 1.3 million appears to be relatively low. According landowner exemption for people acres of Federal land and 1.6 million to analyses conducted by the California owning less than 80 acres of forestland acres of non-Federal land. Checkerboard Resources Agency (Berbach et al. 1993), within a given CCPA and an additional Federal/non-Federal ownership patterns more than 75 percent of the quarter- adjustment for non-Federal lands within predominate. Due to the relatively dry townships in the three northern coastal matrix and AMA areas, the Service is climate and the history of recurrent 9506 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules wildfires in this province, spotted owl dispersal throughout the province. prohibitions for a given owl, the Service habitat is naturally fragmented by Because of the poor biological status of proposes to authorize the affected non- chaparral and stands of deciduous the owl in this province, the Federal landowners to apply either the hardwoods. In portions of the province, opportunity for large scale relief in this final management prescriptions for the exclusion of fire during the last century area is very limited at present. Should surrounding Federal Matrix/AMA land, may have encouraged development of additional data or information suggest as determined through the watershed mixed-conifer habitat suitable for that the status of the owl has stabilized analysis or AMA planning processes, as spotted owls. However, during the same or is improving, options for this appropriate, or such management period, timber harvest has removed Province would be reconsidered. practices which comply with the substantial amounts of suitable habitat. current incidental take restrictions. Other Related Provisions Approximately 105 widely scattered site Application of either management centers are known. Of these sites, 20 are As is the case in the State of strategy would absolve the affected non- centered on non-Federal lands and 85 Washington, the proposed rule would Federal landowner from any liability for are centered on Federal lands, of which also include a ‘‘safe harbor’’ for any incidental take of an owl under the Act, 46 rely to some degree upon adjacent timber harvest activity where more than resulting in the application of more non-Federal lands. The potential for 40 percent suitable habitat remained, uniform owl conservation standards dispersal throughout the province post harvest, within an owl’s median within a matrix/AMA area regardless of appears to be limited. This province annual home range. This provision land ownership. provides the demographic and genetic would be relevant for harvest activities The one exception to this policy link between the northern spotted owl within the four potential CCPAs. would be where the adoption of matrix and the California spotted owl (Strix The Service proposes to provide or AMA prescriptions could result in occidentalis occidentalis) of the Sierra immediate relief upon the effective date the incidental take of an owl whose site Nevada range. of the final rule from owl incidental take center is located within a Forest Plan Currently, threats in this province restrictions for small landowners in reserve or Congressionally reserved or include low population numbers, the California. Such relief would be Administratively withdrawn area. In difficulty in providing for interacting independent of, and in advance of any such a case, the incidental take population clusters, and fragmented Natural Community Conservation restrictions would continue to apply for dispersal habitat. Catastrophic wildfire Planning (NCCP) process. Except within at least two more years. At the end of is a significant threat to habitat. In 1992, the 70-acre owl activity centers this period, the Service will review any a 70,000-acre fire in Shasta County themselves, the Service proposes to new data or information involving the substantially reduced the likelihood of relieve small landowners who own no status of such owls and their habitats in contact between the northern spotted more than 80 acres of forestland in a the affected areas, including the results owl and the California spotted owl for given CCPA as of the date of publishing of any completed watershed analysis the next several decades. this proposed rule in the Federal and other planning efforts under the Due to the existing habitat condition Register, from the prohibition against Forest Plan. As noted previously in a and the importance of the province in the incidental take of owls. The 80 discussion of this review process, the linking the two subspecies, the entire acres/small landowner relief provision Service would assess on an area-by-area province has been designated as an area would remain in effect regardless of basis whether the continuation of the of concern by every spotted owl whether an NCCP process was incidental take prohibition on affected management plan to date. The Forest ultimately successful in a given CCPA. non-Federal lands was still necessary Plan provides protection of habitat in The relief provision would be and advisable for achieving the owl the home range of each northern spotted applicable in all four potential CCPAs. conservation goals of the Forest Plan. owl found in the province. The province It would be unnecessary in the Klamath The Service would lift the incidental contains the 172,000-acre Goosenest Province Relief Area, which is the take restrictions where warranted and AMA on the Klamath National Forest. subject of a broader proposal to relax authorize the adoption of the final Sierra-Pacific Industries’ owl incidental take restrictions. matrix or AMA prescriptions, at the management plan covers the majority of The Service also proposes to modify discretion of the affected non-Federal the extensive non-Federal checkerboard existing incidental take restrictions landowner, as a means of avoiding an ownership in the province. The primary within potential CCPAs that would unauthorized incidental take of an owl. conservation needs for both Federal and involve non-Federal lands located amid Table 1 provides a summary of the non-Federal lands are research on matrix or Adoptive Management Areas various areas where incidental take habitat use by nesting and dispersing (AMA) designated under the Federal relief could be provided or prohibitions spotted owls, and providing habitat for Forest Plan. Where such non-Federal retained in the two States affected by a well-distributed population and lands are subject to incidental take this proposed rule. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9507 TABLE 1 Washington owl sites outside Washington owl sites inside California owl sites inside California owl sites inside Landowner type SEAs SEAs Klamath relief area CCPAs Less than 80 Relief for all landowners ex- Relief except for 70-acre core Relief for all landowners ex- Relief except for 70-acre acres. cept for 70-acre core. cept for 70-acre core. core. 80±5,000 Acres Relief for all landowners ex- Matrix/AMA prescription op- Relief for all landowners ex- Matrix/AMA prescription op- cept for 70-acre core or tion. Additional relief con- cept for 70-acre core or tion. Additional relief con- where current restrictions tingent upon acceptable where current restrictions tingent upon successful are necessary to protect Local Option Plan. are necessary to protect completion of NCCP proc- owls on a Federal reserve owls on a Federal reserve ess. or withdrawn area (except or withdrawn area. for Olympic Peninsula). More than 5,000 Relief for all landowners ex- Matrix/AMA prescription op- Relief for all landowners ex- Matrix/AMA prescription op- Acres. cept for 70-acre core or tion. Additional relief con- cept for 70-acre core or tion. Additional relief con- where current restrictions tingent upon acceptable where current restrictions tingent upon successful are necessary to protect Local Option Plan. are necessary to protect completion of NCCP proc- owls on a Federal reserve owls on a Federal reserve ess. or withdrawn area (except or withdrawn area. for the Olympic Peninsula). Incidental Take on Tribal Lands achieved in reaching the conservation conservation program for the affected For Indian forest lands, as that term needs of the species within a given area, species. is defined at 25 CFR 163.1, in California restrictions due to incidental take Section 10(a)(1)(B) of the Act, requires and Washington, the proposed rule prohibitions could be further modified non-Federal applicants to develop would result in the reduction of the or lifted, as information warrants. Habitat Conservation Plans for listed species which would be incidentally current Federal prohibition against the Other Federal Mechanisms for incidental take of the spotted owl. taken in the course of otherwise lawful Promoting the Conservation of the activities, and to submit such plans Under this proposal, Tribes would be Spotted Owl required to maintain only the closest 70 along with an application for an acres of suitable owl habitat around an The listing of the spotted owl, the incidental take permit. Such plans can owl site center. Any additional designation of its critical habitat, and direct significant private sector restrictions or prohibitions under Tribal the application of Act regulations at 50 resources in support of the overall law would continue to apply. The CFR Part 17 have extended the conservation of the affected species on Service is proposing this approach in protection of the Act to this species. non-Federal lands. Three section recognition of the conservation benefits Under section 7 of the Act and the 10(a)(1)(B) incidental take permits for provided the northern spotted owl implementing consultation regulations the northern spotted owl have already under harvest methods practiced by at 50 CFR 402, individual project review been issued by the Service. A number of many Indian Nations, such as the occurs through the consultation process other non-Federal entities are in the Yakima Indian Nation in Washington. for those actions authorized, funded, or process of developing HCPs for the Many tribal lands are already managed carried out by Federal agencies that may spotted owl. The section 10 HCP under conservation strategies for the affect a listed species like the spotted process will remain available to non- owl or are of little habitat value for the owl or its designated critical habitat. Federal landowners under the proposed bird. Moreover, the Service notes that The Section 7 consultation process is rule and will provide an additional the Secretary’s trust responsibility for designed to ensure that a proposed alternative for adjusting the incidental take prohibitions set forth in this Native Americans provides him with action is not likely to jeopardize the proposed rule. The initiation of a major additional fiduciary factors to weigh in continued existence of the species or and aggressive Habitat Conservation exercising his broad discretionary adversely modify its critical habitat. The Planning Program for non-Federal authority under Section 4(d) of the Act. consultation process also requires the forestlands in the Pacific Northwest is Service to determine what level of Sunset Provision an integral and crucial component of the incidental take is likely to occur as a The Service proposes a process that Administration’s overall owl result of that action. After completing could result in the modification of the conservation program. When combined this determination, the Service issues an prohibitions of incidental take that are with the conservation goals of the incidental take statement that is retained under this proposed rule Federal Forest Plan and this proposed designed to minimize both the level and should future biological information so section 4(d) rule, the Service’s Habitat the impact of take on listed species. warrant in either California or Conservation Planning initiative Washington. In 1982, Congress amended section provides the third element for a Under this sunset provision, the 10(a)(1)(B) of the Act to provide an comprehensive strategy for the owl. Service would periodically evaluate the additional mechanism for encouraging Incentives for Restoring or Enhancing conservation goals for non-Federal lands non-Federal support for the Owl Habitat within SEAs or possible CCPAs and conservation of listed species. More would decide whether the conservation commonly known as Habitat Prohibitions against the incidental goals for owls in those areas have been Conservation Planning or HCPs, this take of the spotted owl have existed accomplished as a result of future HCPs, mechanism authorizes the incidental since the species was Federally listed in no-take agreements, or other affirmative take of a listed species in exchange for June of 1990. The Service believes that conservation activities. Should the a commitment from a private developer many landowners have felt threatened Service conclude that success has been or landowner for a long-term by the current regulations which could 9508 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules be viewed as a disincentive to enhance, authorized to incidentally take any in the development of a draft recovery restore, or maintain habitat in a spotted owl which was otherwise in plan for the murrelet. The draft recovery condition that is suitable for owl accordance with the use of the property plan should be available for public nesting, roosting, foraging, or dispersal. under the agreement. comments in two to three months. In The disincentive stems from The Service believes that an order to aid a landowner in determining landowners’ fears that owls might incentives program of this sort will whether a property is occupied by establish residence on, or move through, encourage primarily the development of murrelets, the Service encourages their property and impede their ability dispersal habitat under restoration and landowners to contact one of the Fish to manage their timber resources. This enhancement agreements and will slow and Wildlife Service’s three Ecological disincentive has had the effect of down the harvest of suitable owl habitat Services State Offices noted previously increasing timber harvest of currently under habitat maintenance agreements. in this document, and request guidance suitable owl habitat and younger forests Under any of these approaches, there is or information on delineating suitable on non-Federal lands which are not a potential benefit for the spotted owl. murrelet habitat and conducting presently affected by the presence of an Most owls using dispersal habitat are murrelet surveys to determine presence owl. With regard to younger forests in not likely to remain dependent upon of murrelets on a given piece of particular, this concern or fear has that habitat as part of a resident pair or property. This will ensure that accelerated harvest rotations in an effort as a single. Instead, they are likely to landowners who might receive relief to avoid the regrowth of habitat that is use the area as a corridor for moving from owl restrictions under this useable by owls. from one block of suitable habitat to proposed rule are aware of the latest For those non-Federal lands which another. Under these circumstances, any data on occupied habitat for murrelets. are not currently affected by incidental incidental take that might otherwise The Service recognizes that additional take restrictions for spotted owls, the occur through land use activities on the incidental take of spotted owls may Service proposes to provide a new property is likely to be inconsequential occur in SEAs in Washington and incentive to landowners to voluntarily or very limited in impact or duration. CCPAs in California, as HCPs or other manage their lands in a manner which In addition, the opportunity for long-term conservation agreements, e.g. aids in owl conservation without subsequent immunity from incidental local option conservation plans, are increased regulatory liability for the take restrictions should provide an implemented and further take is landowner. In particular, the Service incentive to owners of suitable owl authorized. However, the Service desires to encourage landowners to habitat to forego panic cutting and to believes that the overall level of restore or enhance former owl habitat enter into habitat maintenance incidental take is acceptable in light of which has been previously altered and agreements. By discouraging legal but the habitat-based conservation strategy is of little current value to the owl. The potentially unsustainable harvests now, in the Forest Plan and the fact that such Service is also interested in encouraging and stretching the retention of suitable plans or agreements must satisfy the owners of current suitable owl habitat to owl habitat for the life of a maintenance conservation requirements of the Act. maintain that habitat and to forego agreement, the Service and the The Service will review the effects of premature cutting as the only perceived landowner would keep such habitat the proposed rule under a section 7 means of avoiding future incidental take available for owl use during the consultation as part of the process to restrictions for the owl. pendency of the agreement. complete this proposed rule. The Service would offer to work In Washington and California, the Incidental Take of Other Listed Species directly with a non-Federal landowner Service believes that the relief from through a written conservation or Several other Federally-listed species prohibitions for non-Federal cooperative agreement for the purpose occur in the late-successional and old- landowners outside of SEAs or CCPAs of managing, restoring or enhancing growth forests that provide habitat for and for non-Federal landowners with forest habitat so as to contribute to the the spotted owl. The bald eagle holdings of less than 80 acres of survival and recovery of the owl. (Haliaeetus leucocephalus), peregrine forestland in a given SEA or CCPA Working with the affected landowner, falcon (Falco peregrinus), gray wolf, would not preclude the recovery of the the Service would first establish an grizzly bear (Ursus arctos), and marbled spotted owl and will facilitate the environmental baseline for the property murrelet are known to occur on non- maintenance of habitat conditions in to confirm that no Endangered Species Federal lands in the range of the owl; some areas by removing disincentives Act-based spotted owl restrictions the prohibition of take of these species that currently account for the premature currently apply to the land. The Service incidental to timber harvest would cutting of habitat. might provide such other conservation remain in place. In general, the contributions of advice or assistance as is feasible and The Service is concerned about the Federal, State, Tribal and private land available. The agreement would be of effects of harvest activities on the management and conservation efforts sufficient duration so as to enhance the marbled murrelet, particularly since the for protection of the spotted owl and conservation of the owl or to provide range of the spotted owl significantly other species allow for reduction of the some benefit to the owl while still overlaps the range of the murrelet. Some prohibitions on incidental take of the allowing economic use of the property areas of relief under this proposed rule owl in many areas on non-Federal during the term of the agreement. for the spotted owl might also provide lands. As a result of this proposed rule, At the end of the agreement, or at any habitat that is occupied by the marbled landowners would have more certainty time thereafter, the landowner would be murrelet. Since the date of the original about the conditions under which free to use his or her property as desired listing of the murrelet, the Service has incidental take is likely to occur. without restrictions under the Act for been acquiring as much additional data Finally, the Service points to the long- the spotted owl. This would be the case and information as possible to identify term benefit to the owl of enhanced even if an owl established residence or the constituent elements of suitable public support for the Act. dependency upon the property at some murrelet habitat, as well as to expand a point during or after the terms of the landowner’s ability to determine Public Comments Solicited agreement. During the life of the whether or not such habitat is occupied. The Service intends that any final agreement, the landowner also would be Significant progress also has been made action resulting from this proposed rule Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9509 would be as accurate and as effective as agreements, scope of duration of such described in the order. The collection of possible. Therefore, comments or agreements and land use assurances to information contained in this proposed suggestions from the public, other private landowners which would be rule have been approved by the Office government agencies, the scientific necessary to encourage voluntary of Management and Budget under community, industry, or any other participation. U.S.C. 3501 et seq. and assigned interested party concerning this Final promulgation of the proposed clearance number 1018–0022. The proposed rule are solicited. In rule will take into consideration the Service has determined that this particular, the Service seeks comments comments and any information received proposed action qualifies for categorical on: by the Service. Any information the exclusion under the requirements of (1) The distribution, abundance, and Service receives during the comment Executive Order 12630, ‘‘Government population trends of spotted owls on period may lead to a final rule that Actions and Interference with non-Federal lands in Washington and differs from this proposed rule. Constitutionally Protected Property California as they would relate to the The Act provides for a public hearing Rights’’, and preparation of a Takings approaches described in this proposed on the proposed rule, if requested. Implications Assessment is not rule; Requests must be received within 45 required. Regulations that authorize take (2) The boundaries of the proposed days of the date of publication of this of listed species, as is proposed in this SEAs or CCPAs identified for proposed rule. Such requests must be special rule, are designated as Washington and California and written and addressed to: Regional categorical exclusions. suggestions for modification of these Director, Region 1, U.S. Fish & Wildlife boundaries. In order to better assess Service, 911 N.E. 11th Avenue, References Cited available data on the region, the Service Portland, Oregon 97232–4181. Bart, J. and E.D. Forsman. 1992. Dependence particularly would like to encourage Section 7 Consultation of northern spotted owls (Strix public comment on the question of occidentalis caurina) on old-growth whether it is necessary and advisable for Review, pursuant to section 7 of the forests in the western USA. Biological the conservation of the spotted owl to Act, will be conducted prior to issuance Conservation 62:95–100. designate a Special Emphasis Area on of a final rule to ensure that the Berbach, M., G.I. Gould, Jr., J. Stenback, H. the western side of the Olympic proposed action will not jeopardize the Eng, and R. Marose. 1993. GIS analysis Peninsula, and if so, whether the continued existence of the spotted owl of northern spotted owl dispersal habitat or any other listed species. on private lands in Del Norte, Humboldt, present proposed boundaries of the and Mendocino Counties, California. Hoh/Clearwater Special Emphasis Area National Environmental Policy Act Trans. West. Sec. Wildl. Soc. Vol. 29. are warranted or whether they should be Sacramento, California. reduced in size or significantly The Fish and Wildlife Service is complying with NEPA in implementing Buchanan, J., Hanson, E., Hays, D., and L. reconfigured. Young, L. 1994. An evaluation of the (3) The distribution and abundance of the provisions of this proposed rule. Washington Forest Practices Board spotted owl populations that are outside The Service prepared an environmental Wildlife Committee preferred alternative of SEAs or CCPAs; assessment on this proposal and has for a spotted owl protection rule: a report (4) The biological and economic decided to engage in a more intensive to the Washington Forest Practices implications of applying the proposed assessment of impacts through the Board. Washington Forest Practices rule in Washington and California; preparation of an environmental impact Board Spotted Owl Advisory Group. (5) The applicability of the definitions statement (EIS). The Service is Olympia, Washington. of suitable habitat and dispersal habitat preparing a draft EIS at this time. The Hanson, E., Hays, D., Hicks, L., Young, L., draft EIS will be published and and J. Buchanan. 1993. Spotted owl for the spotted owl, specific to habitat in Washington: a report to the provinces if possible; available for public review and Washington Forest Practices Board. (6) The implications of the proposed comment approximately 60 days after Washington Forest Practices Board rule on small-acreage (less than 80 publication of this proposed rule. The Spotted Owl Advisory Group. Olympia, acres), medium-acreage (80 to 5,000 end of the public comment period for Washington. acres), and large-acreage (more than the proposed rule will ultimately be Holthausen, R.S.; Raphael, M.G.; McKelvey, 5,000 acres) non-Federal landowners extended to coincide with the end of the K.S.; Forsman, E.D.; Starkey, E.E.; and comments on how these different public comment period for the draft EIS. Seaman, D.D. 1994. The Contribution of Federal and Nonfederal Habitat to ownerships are addressed in the Required Determinations proposed rule; Persistence of the Northern Spotted Owl (7) The scope and effect of the ‘‘local This proposed rule was reviewed on the Olympic Peninsula, Washington. Report of the Reanalysis Team. option’’ process for landowners who under Executive Order 12866. The Service has not yet made a Murray Pacific Corp. 1993. Habitat own 80 to 5,000 acres in SEAs in the conservation plan for the northern State of Washington; determination of the economic effects of spotted owl on forestlands owned by the (8) The biological or economic the proposed rule on small entities as Murray Pacific Corporation, Lewis Co., implication of proposing a different required under the Regulatory Washington. SEA/CCPA approach where non-Federal Flexibility Act (5 U.S.C. 601 et seq.). Ralph, C.J., Nelson, S.K., Shaughnessy, M.M., buffers would be retained around any Specific economic effects of the Miller, S.L.; Hamer, T.E. 1994. Methods owl site centers located on Federal proposed action will be discussed in the for surveying marbled murrelets in reserves in designated areas, and economic analysis that is included in forests; a protocol for land management the Environmental Impact Statement and research. Pacific Seabird Group, whether SEA/CCPA boundaries would # change as a result of applying this type (EIS) for the proposed action. The EIS Technical paper 1, revised. USDA will be published and available for Forest Service, Pacific Southwest of approach; and Research Station, Arcata, California. 50p. (9) Recommendations or comments on public comment at a later date. This rule Simpson Timber Co. 1992. Habitat how to implement the proposed Habitat does not require a Federalism conservation plan for the northern Enhancement Agreement conservation assessment under Executive Order spotted owl on the California program for the owl, particularly with 12612 because it would not have any Timberlands of Simpson Timber regards to possible provisions of such significant federalism effects as Company. 9510 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Thomas, J.W., E.D. Forsman, J.B. Lint, E.C. Lane SE, Suite 102, Olympia, Washington Department of Wildlife, or Meslow, B.R. Noon, and J. Verner. 1990. Washington 98501; and Don Barry, California Department of Fish and A conservation strategy for the northern Counselor to Assistant Secretary for Game, who is designated by his/her spotted owl. Interagency Scientific Fish, Wildlife and Parks, 1849 C Street agency for such purposes, may, when Committee to Address the Conservation acting in the course of his/her official of the Northern Spotted Owl, U.S. NW, Washington, DC 20240. duties, take a northern spotted owl in Department of Agriculture, Forest List of Subjects in 50 CFR Part 17 Service, and U.S. Department of Interior, Washington or California if such action Bureau of Land Management, Fish and Endangered and threatened species, is necessary to: Wildlife Service, National Park Service, Exports, Imports, Reporting and (1) Aid a sick, injured or orphaned Portland, Oregon. recordkeeping requirements, and owl; Thomas, J.W., M.G. Raphael, R.G. Anthony, Transportation. (2) Dispose of a dead owl; or E.D. Forsman, A.G. Gunderson, R.S. (3) Salvage a dead owl which may be Holthausen, B.G. Marcot, G.H. Reeves, Proposed Regulation Promulgation useful for scientific study: Provided, J.R. Sedell, D.M. Solis. 1993. Viability Accordingly, the Service hereby that any taking pursuant to paragraph assessments and management proposes to amend part 17, subchapter (c)(1)(i)(B) of this section must be considerations for species associated B of chapter I, title 50 of the Code of reported in writing to the U.S. Fish and with late-successional and old-growth Federal Regulations, as set forth below: Wildlife Service, Division of Law forests of the Pacific Northwest. Enforcement, P.O. Box 19183, Portland, Oregon. U.S. Department of PART 17Ð[AMENDED] Agriculture, Forest Service. Washington, DC 20036, within 5 days. Tuazon, R., DePree, J., Gaffin, J., Harris, R., 1. The authority citation for part 17 The specimen may only be retained, Johnson, R., Murray, G., Roush, L., continues to read as follows: disposed of or salvaged in accordance Whitlock, W., and R. Zwanziger. 1992. with directions from the Service. Northern spotted owl habitat Authority: 16 U.S.C. 1361–1407; 16 U.S.C. (C) Incidental Take on Tribal Lands. conservation plan for private forestlands 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– On Indian forest lands in Washington in California. Draft prepared for 625, 100 Stat. 3500, unless otherwise noted. and California, as defined in 25 CFR California Board of Forestry. § 17.11 [Amended] 163.1, any person may, when acting in USDA/USDI/NOAA/EPA. 1993. Forest accordance with tribal forestry rules and Ecosystem Management: An Ecological, 2. Section 17.11(h), is amended by revising the ‘‘special rules’’ column in regulations, take a northern spotted owl Economic, and Social Assessment. A incidental to timber harvest activity if Report of the forest Ecosystem the table entry for ‘‘Owl, northern Management Assessment Team. July, spotted’’ under BIRDS to read the harvest does not destroy or degrade 1993. Portland, Oregon. ‘‘17.41(c)’’ instead of ‘‘NA’’. the 70 acres of nesting, roosting and USDA/USDI. 1994a. Final supplemental 3. Section 17.41 is amended by foraging habitat closest to an owl site environmental impact statement on adding paragraph (c) to read as follows: center. management of habitat for late- (D) Spotted Owl Habitat Enhancement successional and old-growth forest § 17.41 Special rulesÐbirds. Agreement. Any person who has related species within the range of the * * * * * voluntarily entered into a Cooperative northern spotted owl. Portland, OR. 2 (c) Northern spotted owl (Strix Habitat Enhancement Agreement vol. occidentalis caurina). (Agreement) with the Service for the USDA/USDI. 1994b. Record of decision for (1) Prohibitions. Except as provided in purpose of restoring, enhancing or amendments to Forest Service and Bureau of Land Management planning this paragraph (c)(1) or by a permit maintaining forestland habitat to aid in documents within the range of the issued under paragraph (c)(2) of this the conservation of the spotted owl may, northern spotted owl. Portland, OR: section, the following prohibitions pursuant to the terms of that Agreement, Forest Service, Bureau of Land apply to the northern spotted owl. incidentally take spotted owls on the Management. (i) Taking. Except as provided in this subject lands either during or after the USDI. 1990. 1990 status review of the paragraph (c)(1)(i), no person shall take period when the Agreement is in effect: northern spotted owl. Fish and Wildlife a northern spotted owl in Washington or Provided, that such Agreements shall Service, Portland, Oregon. California. only apply to parcels of land that are USDI. 1992. Recovery plan for the northern (A) Taking pursuant to cooperative free of all incidental take restrictions for spotted owl; final draft. Portland, agreements. Any employee or agent of the spotted owl as of the date that such Oregon: U.S. Department of Interior, 2 the Fish and Wildlife Service (Service), vol.; December 1992. Agreements enter into force and effect, USFWS. 1992. Protocol for surveying or of a conservation agency of the State and that such Agreements must be of proposed management activities that of Washington or State of California that sufficient duration to aid in the may impact northern spotted owls. is carrying out a conservation program conservation of the spotted owl. March 17, 1992. Portland, Oregon. pursuant to the terms of a cooperative (E) Incidental Take in State of Warm Springs Indian Reservation. 1993. agreement with the Service in Washington. The provisions of this Forest management implementation plan accordance with section 6(c) of the paragraph (c)(1)(i)(E) shall apply to the 1992 through 2001. Warm Springs, Endangered Species Act, who is incidental take of northern spotted owls Oregon. designated by his/her agency for such from timber harvest activity in the State Authors purposes, may, when acting in the of Washington. course of his/her official duties, take a (1) Outside Special Emphasis Areas The principal authors of this northern spotted owl covered by an (SEA). Any person may take a northern proposed rule are Gerry Jackson, U.S. approved cooperative agreement to spotted owl incidental to timber harvest Fish and Wildlife Service, Deputy carry out a conservation program under activity outside an SEA if the harvest Assistant Regional Director, North the agreement in Washington or does not destroy or degrade the 70 acres Pacific Coast Ecosystem, 911 N.E. 11th California. of nesting, roosting and foraging habitat Avenue, Portland, Oregon 97232; Curt (B) Taking by designated officials. closest to an owl site center: Provided, Smitch, U.S. Fish and Wildlife Service, Any employee or agent of the Service, that such incidental take is not Assistant Regional Director, North National Park Service, Bureau of Land authorized with regard to an owl whose Pacific Coast Ecosystem, 3704 Griffin Management, U.S. Forest Service, site center is located within and along Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9511 the boundary of an SEA; or a Federal Management Area lands and a prohibitions in this paragraph as reserve or Congressionally reserved or description of the final management appropriate with respect to such SEA. Administratively withdrawn area which prescriptions delineated for any such (F) Incidental Take in State of is otherwise located off the Olympic lands, if known; the measures to be California. The provisions of this Peninsula. taken to minimize and mitigate the paragraph (c)(1)(i)(F) shall apply to the (2) Inside SEAs—Matrix and Adaptive impacts of incidental take of spotted incidental take of northern spotted owls Management Area authorization. Any owls; the impact of the plan on affected from timber harvest activity in the State person may take a northern spotted owl watershed(s); what commitments the of California. incidental to timber harvest activity landowner(s) will provide to ensure (1) Klamath Province Relief Area. Any within an SEA if the harvest is on non- implementation or adequate funding for person may take a northern spotted owl Federal land surrounded by or located the plan; what procedures will be used incidental to timber harvest activity in within Federal Matrix or Adaptive to deal with any unforeseen the Klamath Province Relief Area Management Area lands and complies circumstances which could result in (Figure 1 to § 17.41(c)) if the harvest with the final Federal harvest significant adverse effects to spotted does not destroy or degrade the 70 acres prescriptions or restrictions adopted for owls in the affected area; any additional of nesting, roosting and foraging habitat such lands: Provided, that this measures the Service requires as being closest to an owl site center: Provided, authorization shall not apply to any necessary or appropriate for the goals of that such incidental take is not northern spotted owl whose site center the plan to be met, e.g., reporting and authorized with regard to an owl whose is located within a Federal Reserve or a review requirements; and, where the site center is located within and along Congressionally reserved area or State has implemented regulations for a the boundary of a Federal reserve or a Administratively withdrawn area. local option conservation plan review Congressionally reserved or (3) Inside SEAs—Small landowners. process that complements or is Administratively withdrawn area. Any person who owns, on February 17, consistent with this proposed rule, (2) Potential California Conservation 1995, no more than 80 acres of whether the State has certified the plan. Planning Areas. (i) Matrix and Adaptive forestland within a given SEA, may take (iii) Approval. After consideration of Management Area authorization. Any a northern spotted owl incidental to the information submitted with an person may take a northern spotted owl timber harvest activity within such 80 application and received during a incidental to timber harvest activity acres if the harvest does not destroy or public comment period, the Service within a potential California degrade the 70 acres of nesting, roosting shall approve a Local Option Conservation Planning Area (CCPA) if and foraging habitat closest to an owl Conservation Plan if it finds that any the harvest is on non-Federal land site center. anticipated taking will be incidental; the surrounded by or located within Federal (4) Inside SEAs—Local option applicant will minimize and mitigate Matrix or Adaptive Management Area conservation plans. (i) Authorization. the impact of such takings; the local lands and complies with the final Any person who owns on February 17, option conservation plan contributes to Federal harvest prescriptions or 1995 more than 80 acres, but not more or is consistent with the conservation restrictions adopted for such lands: than 5000 acres, of forestland in a given needs of the northern spotted owl in the Provided, that this authorization shall SEA may take a northern spotted owl affected SEA and will not result in the not apply to any northern spotted owl incidental to timber harvest activity incidental take of a spotted owl deemed whose site center is located within a conducted on such land in accordance essential for providing demographic Federal reserve or a Congressionally with a Local Option Conservation Plan support for a Federal reserve established reserved or Administratively withdrawn approved by the Service. under the Federal Forest Plan as area. (ii) Application. Each application for necessary to achieve conservation (ii) Small landowners. Any person a Local Option Conservation Plan shall objectives; the applicant will provide who owns, on February 17, 1995, no be submitted to the Service’s State adequate assurances or funding for the more than 80 acres of forestland within Supervisor, U.S. Fish and Wildlife implementation of the local option plan; a given potential CCPA may take a Service, 3704 Griffin Lane SE, Suite 102, and the taking will not appreciably northern spotted owl incidental to Olympia, Washington 98501, on an reduce the likelihood of survival and timber harvest activity within such 80 official application (Form 3–200) recovery of any listed species in the acres if the harvest does not destroy or provided by the Service. Each wild. degrade the 70 acres of nesting, roosting application must include, as an (5) Safe Harbor Authorization. Any and foraging habitat closest to an owl attachment, a plan that contains a person may take a northern spotted owl site center. description of the area to be covered by incidental to timber harvest activity (iii) Natural Communities the proposed plan; the size of the within an SEA if the harvest does not Conservation Plans. Any person may affected land ownership(s) and the destroy or degrade the 70 acres of take a northern spotted owl incidental intended duration of the plan; the nesting, roosting and foraging habitat to timber harvest activity within a number of affected spotted owls and the closest to an owl site center, and does potential CCPA if the harvest is habitat condition in the area to be not reduce, to less than 40 percent, the conducted in accordance with a Natural covered by the proposed plan, if known; amount of nesting, roosting and foraging Communities Conservation Plan (Plan) the extent to which the plan will habitat within the median annual home for spotted owls prepared by the State contribute to or be consistent with the range of the affected owl. of California and approved by the owl conservation needs identified for (6) Sunset provision. The Service Service. The Service shall approve any the SEA affected by the plan; the extent shall periodically review and evaluate such Plan if it finds that the Plan is to which the incidental take of spotted the effectiveness of the conservation consistent with achieving the owls resulting from timber activities measures and program for the spotted conservation goals for the spotted owl in under the plan will be complementary owl for each SEA. If the review the affected CCPA, is complementary to with the goals of the Federal Forest Plan indicates that the conservation goals for the Federal Forest Plan and is consistent for the affected area; the extent to which an SEA have been effectively achieved, with the criteria of section 10(a)(2) of the land is adjacent to, or interspersed the Service shall propose regulations to the Endangered Species Act (16 USC within, Federal Matrix or Adaptive modify or withdraw the incidental take 1539(a)(2)). 9512 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules (iv) Safe Harbor Authorization. Any and social approaches to achieving Washington Cascades province, and the person may take northern spotted owls specific ecological, economic, and other Washington Olympic Peninsula incidental to timber harvest activity social objectives. province, suitable habitat consists, as a within a potential CCPA if the harvest (iii) Congressionally reserved area general matter, of coniferous or mixed does not destroy or degrade the 70 acres means lands with Congressional coniferous/hardwood forests with of nesting, roosting and foraging habitat designations that preclude timber multiple canopy layers; multiple large closest to an owl site center, and does harvest, as well as other Federal lands overstory conifers greater than 20 inches not reduce, to less than 40 percent, the not administered by the Forest Service dbh, and total canopy closure among amount of nesting, roosting and foraging or Bureau of Land Management, dominant, co-dominant and understory habitat within the median annual home including National Parks and species of greater than 60 percent; range of the affected owl. Monuments, Wild and Scenic Rivers, (C) In the Eastern Washington (v) Sunset provision. The Service shall National Wildlife Refuges, and military Cascades province, suitable habitat periodically review and evaluate the reservations. consists, as a general matter, of effectiveness of the conservation (iv) Federal Forest Plan means the coniferous forests with stands that measures and program for the spotted Federal forest management strategies, contain greater than 20 percent fir owl established for each CCPA. If the standards and guidelines adopted in the (Douglas fir, Grand fir) and/or hemlock review indicates that the conservation April 13, 1994, Record of Decision for trees; multiple canopy layers of multiple goals for a CCPA have been effectively the Final Supplemental Environmental large overstory conifers greater than 12 achieved, the Service shall propose Impact Statement for 19 National inches dbh; and total canopy closure regulations to modify or withdraw the Forests and 7 Bureau of Land among dominant, co-dominant and incidental take prohibitions of this Management Districts located within the understory species of greater than 50 paragraph, as appropriate, with respect range of the northern spotted owl. percent. to such CCPA. (v) Federal Matrix Land means those (ix) Northern spotted owl, spotted (ii) Unlawfully taken owls. No person Federal lands generally available for owl, or owl means any northern spotted shall possess, sell, deliver, carry, programmed timber harvest which are owl (Strix occidentalis caurina), alive or transport, or ship, any northern spotted outside of the Congressionally reserved dead, and any part, egg, nest, or product owl taken in violation of paragraph and Administratively withdrawn areas, thereof. (c)(1)(i) of this section: Provided, that Federal reserves and Adaptive (x) Person has the meaning provided Federal and State law enforcement Management Areas as delineated in the in 16 USC 1532(13). officers may possess, deliver, carry, Standards and Guidelines adopted in (xi) Potential California Conservation transport or ship any endangered the April 13, 1994, Record of Decision. Planning Area (CCPA) means any of the wildlife taken in violation of the Act as (vi) Federal Reserve means those following four areas in the State of necessary in performing their official Federal lands delineated in the April 13, California (Figure 1 to § 17.41(c)): duties. 1994, Record of Decision on which (A) California Coastal Area (iii) Commercial transportation. No programmed timber harvest is not (Humboldt Meridian and Baseline) person shall deliver, receive, carry, allowed and is otherwise severely (Figure 2 to § 17.41(c)) Beginning at the transport, or ship in interstate or foreign limited. There are two types of reserves: intersection of the California-Oregon commerce in the course of a commercial late-successional reserves, which are State Line and the shoreline of the activity any northern spotted owl. designed to produce contiguous blocks Pacific Ocean, then east along the (iv) Sales. No person shall sell or offer of older forest stands; and riparian California-Oregon State Line, then south for sale in interstate or foreign reserves, which consist of protected along the east border of S33 T19NR01E, commerce any northern spotted owl. strips along the banks of rivers, streams, S04 T18NR01E, S09 T18NR01E, S16 (v) Importation or exportation. No lakes, and wetlands that act as a buffer T18NR01E, S21 T18NR01E, S28 person shall import into the United between these water bodies and areas T18NR01E, S33 T18NR01E, then west States, or export from the United States, where timber harvesting is allowed. along the south border of S33 any northern spotted owl. (vii) Home range means the area a T18NR01E, then south along the east (2) Permits. In accordance with the spotted owl traverses in the course of border of S05 T17NR01E, S06 provisions of § 17.32 of this Part, normal activities in fulfilling its T17NR01E, then east along the north permits are available to authorize biological needs during the course of its border of S16 T17NR01E, then south otherwise prohibited activities life span. along the east border of S16 T17NR01E, involving the northern spotted owl in (viii) Nesting, roosting and foraging S21 T17NR01E, S28 T17NR01E, S33 Washington and California. habitat or suitable habitat means those T17NR01E, and S04 T16NR01E, then (3) Definitions. As used in this areas with the following vegetative east along the north border of S10 paragraph (c): structure and composition necessary to T16NR01E, then south along the east (i) Administratively withdrawn area assure successful nesting, roosting, and border of S10 T16NR01E, S15 means lands that are excluded from foraging activities for a territorial single T16NR01E, then east along the north planned or programmed timber harvest or breeding pair of spotted owls: border of S23 T16NR01E, then south under agency planning documents or (A) In the California provinces, along the east border of S23 T16NR01E the preferred alternative for draft agency suitable habitat consists, as a general and S26 T16NR01E, then east along the planning documents. matter, of coniferous or mixed north border of S36 T16NR01E, then (ii) Adaptive management area means coniferous/hardwood forests with south along the east border of S36 the 10 landscape units that were multiple canopy layers; multiple T16NR01E, then east along the north adopted in the April 13, 1994 Record of overstory conifers greater than 16 inches border of S06 T15NR02E, then south Decision for Amendments to U.S. Forest in diameter at breast height (dbh); and along the east border of S06 T15NR02E, Service and Bureau of Land total canopy closure among dominant, S07 T15NR02E, S18 T15NR02E, then Management Planning Documents co-dominant, and understory trees of east along the north border of S20 within the Range of the Northern greater than 60 percent; T15NR02E, S21 T15NR02E, S22 Spotted Owl (USDA/USDI 1994) for (B) In the Western Washington T15NR02E, S23 T15NR02E, then north development and testing of technical Lowlands province, the Western along the west border of S13 T15NR02E, Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9513 S12 T15NR02E, then east along the then east along the north border of S29 T24NR11W, then east along the north north border of S12 T15NR02E, S07 T01NR07E, then south along the east border of S04 T23NR11W, then south T15NR03E, S08 T15NR03E, then south border of S29 T01NR07E, S32 along the east border of S04 T23NR11W, along the east border of S08 T15NR03E, T01NR07E, then west along the south S09 T23NR11W, S16 T23NR11W, then S17 T15NR03E, then west along the border of T01NR07E, then south along east along the north border of S22 south border of S17 T15NR03E, then the east border of T01SR06E, then west T23NR11W, S23 T23NR11W, S24 south along the east border of S19 along the south border of S24 T23NR11W, S19 T23NR10W, then south T15NR03E, S30 T15NR03E, S31 T01SR06E, S23 T01SR06E, S22 along the east border of S19 T23NR10W, T15NR03E, then west along the south T01SR06E, S21 T01SR06E, S20 S30 T23NR10W, S31 T23NR10W, then border of S31 T15NR03E, then south T01SR06E, S19 T01SR06E, S24 east along California State Highway 162, along the east border of T14NR02E, T01SR05E, S23 T01SR05E, then south then south along the eastern border of T13NR02, and T12NR02E, then east along the east border of S27 T01SR05E, the East Cascades Province, then north along the north border of T12NR03E, S34 T01SR05E, then east along the along the shoreline of the Pacific Ocean, then south along the east border of north border of S02 T02SR05E, then then east along Salmon Creek, then T12NR03E and T11NR03E, then east south along the east border of S02 south along California Highway 1, then along the north border of S06 T02SR05E, S11 T02SR05E, S14 east along Bodega Highway and T10NR04E, then south along the east T02SR05E, then east along the north Sebastopol Road, then north along U.S. border of S06 T10NR04E, S07 border of S24 T02SR05E, then south Highway 101, Bell Springs Road, and T10NR04E, S18 T10NR04E, S19 along the east border of T02SR05E, then Harris Road, then east along Alder Point T10NR04E, S30 T10NR04E, S31 east along the north border of S31 Road, Zenia Bluff Road, Alderpoint T10NR04E, S06 T09NR04E, S07 T02SR06E, then south along the east Bluff Road and Ruth Zenia Road to the T09NR04E, S18 T09NR04E, then border of S31 T02SR06E, then east along point of beginning. (C) Wells Mountain-Bully Choop Area southwest along the north border of the the north border of S06 T03SR06E, S05 (Mt. Diablo Meridian and Baseline) Hoopa Valley Indian Reservation, then T03SR06E, S04 T03SR06E, S03 T03SR06E, S02 T03SR06E, S01 (Figure 3 to § 17.41(c)) southeast along the west border of the Beginning at the northwest corner of Hoopa Valley Indian Reservation, then T03SR06E, then south along the east border of T03SR06E, then west along S04 T34NR11W, then east along the south along the east border of S17 north border of T34NR11W, then south T07NR04E, S20 T07NR04E, S29 Ruth Zenia Road, Alderpoint Bluff Road, Zenia Bluff Road, Alder Point along the east border of S03 T34NR11W T07NR04E, S32 T07NR04E, S05 and S10 T34NR11W, then east along the T06NR04E, S08 T06NR04E, S17 Road, then south along Harris Road, Bell Springs Road, and U.S. Highway 101, north border of S14 T34NR11W, S13 T06NR04E, S20 T06NR04E, S29 T34NR11W, S18 T34NR10W, then north then west along Sebatopol Road, Bodega T06NR04E, S32 T06NR04E, then east along the east border of S08 T34NR10W, Highway, and California Highway 1, along the north border of S04 then east along the north border of S08 then north along California Highway 1, T05NR04E, then south along the east T34NR10W, then south along the east then west along Salmon Creek, then border of S04 T05NR04E, then east border of S08 T34NR10W, S17 north along the shoreline of the Pacific along the north border of S10 T34NR10W, S20 T34NR10W, S29 Ocean to the point of beginning. T05NR04E, then south along the east T34NR10W, then east along the north border of S10 T05NR04E, S15 (B) Hardwood Region (Mt Diablo border of S33 T34NR10W, then south T05NR04E, S22 T05NR04E, then east Meridian and Baseline Except Where along the east border of S33 T34NR10W, along the north border of S26 Township Designation Is Followed by * then east along the north border of S03 T05NR04E, S25 T05NR04E, then south Which Indicates Humboldt Meridian T34NR10W, then north along the west along the east border of T05NR04E and and Baseline) (Figure 2 to § 17.41(c)) border of S35 T34NR10W, S26 T04NR04E, then east along the north Beginning at the Intersection of Ruth T34NR10W, S23 T34NR10W, then east border of S31 T04NR05E, then south Zenia Road and the east border of along the north border of S23 along the east border of S31 T04NR05E, T03SR06E*, then south along the east T34NR10W, then north along the west S06 T3NR05E, S07 T3NR05E, S18 border of T03SR06E*, then east along border of S13 T34NR10W, then east T3NR05E, then east along the north the north border of T04SR07E* and along the north border of S13 border of S20 T03NR05E, S21 T04SR08E*, then south along the east T34NR10W, S18 T34NR09W, S17 T03NR05E, then south along the east border of T04SR08E* and T05SR08E*,/ T34NR09W, and S16 T34NR09W, then border of S21 T3NR05E, S28 T3NR05E, ****Meridian Change/ then east along north along California Highway 3, then S33 T3NR05E, S04 T02NR05E, S09 the north border of T05SR08E* and east along the border of the T02NR05E, S16 T02NR05E, then east T25NR12W, then south along the east Whiskeytown-Shasta-Trinity National along the north border of S22 border of T25NR12W, then east along Recreation Area, then south along the T02NR05E, then south along the east the north border of S18 T25NR11W, S17 east border of S03 T34NR09W, then east border of S22 T02NR05E, then east T25NR11W, S16 T25NR11W, then south along the north border of S11 along the north border of S26 along the east border of S16 T25NR11W, T34NR09W, S12 T34NR09W, then south T02NR05E, S25 T02NR05E, then south S21 T25NR11W, then west along the along the east border of T34NR09W, along the east border of T02NR05E, then south border of S21 T25NR11W, S20 then east along the north border of S19 east along the north border of T25NR11W, then south along the east T34NR08W, S20 T34NR08W, then south T01NR06E, then south along the east border of S30 T25NR11W, then west along the east border of S20 T34NR08W, border of S03 T01NR06E, S10 along the south border of S30 S29 T34NR08W, S32 T34NR08W, then T01NR06E, S15 T01NR06E, S22 T25NR11W, then south along the east west along the south border of S32 T01NR06E, then east along the north border of T25NR12W, S01 T24NR12W, T34NR08W, then south along the east border of S26 T01NR06E, then south and S12 T24NR12W, then east and border of S06 T33NR08W, then east along the east border of S26 T01NR06E, south along the border of the Trinity along the north border of S08 then east along the north border of S36 National Forest, then east along the T33NR08W and S09 T33NR08W, then T01NR06e, S31 T01NR07E, then north north border of S32 T24NR11W, then north along the west border of S03 along the east border of S29 T01NR07E, south along the east border of S32 T33NR08W, then east along the north 9514 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules border of T33NR08W and T33NR07W, border of S18 T34NR08W and S07 (xii) Province or physiographic then south along Trinity Mountain T34NR08W, then east along the south province means a geographic area Road, then east along California border of S01 T34NR09W, S02 having a similar set of biological and Highway 299, then south along the east T34NR09W, then north along the west physical characteristics and processes border of S26 T32NR06W, S35 border of the S02 T34NR09W, then west due to effects of climate and geology T32NR06W, S02 T31NR06W, then west along the border of the Whiskeytown- which result in patterns of soils and along the south border of the southeast Shasta-Trinity National Recreation Area broad-scale plant communities. Habitat of S02 T31NR06W, then south along the then south along California Highway 3, patterns, wildlife distributions, and east border of the northwest of S11 then west along the south border of S09 historical land use patterns may differ T31NR06W, then west along the south T34NR09W, S08 T34NR09W, and S07 significantly from those of adjacent border of the northwest of S11 T34NR09W, then north along the west provinces. The seven northern spotted T31NR06W and northeast S10 of border of S07 T34NR09W, then east owl provinces in the States of T31NR06W, then south along Mule along the north border of S07 Washington and California are the Town Road, then west along the T34NR09W, then north along the west Olympic Peninsula Province, the boundary of the Klamath Province, then border of S05 T34NR09W, S32 Western Washington Lowlands Province, the Western and Eastern north along the west border of the T35NR09W, then west along the south northeast of S20 T30NR09W, then west Washington Cascades Provinces, and border of S30 T35NR09W, then north along the Shasta-Trinity County Line, the California Coastal, Klamath and along the west border of T35NR09W, then north along the west border of Cascades Provinces (Figure 4 to then east along the north border of S19 T30NR09W, then east along the south § 17.41(c)). border of T31NR09W and T31NR10W, T35NR09W, then north along the west (xiii) Record of Decision (ROD) means then south along the east border of S05 border of S17 T35NR09W, then east the April 13, 1994, Record of Decision T30NR10W, then east along the south along the north border of S17 for Amendments to Forest Service and border of S05 T30NR10W, then north T35NR09W, S16 T35NR09W, S15 Bureau of Land Management Planning along the west border of S05 T35NR09W, then north along the west Documents within the Range of the T30NR10W, then west along the south border of S11 T35NR09W, then east Northern Spotted Owl (USDA/USDI border of T31NR10W, then north along along the north border of S11 1994). the west border of T31NR10W and T35NR09W, then north along the west (xiv) Special Emphasis Area (SEA) T32NR10W, then east along California border of S01 T35NR09W, then east means any of the following six areas Highway 3, then west along California along the north border of T35NR09W (Figure 5 to § 17.41(c)) in the State of Highway 299, then north along the west and T35NR08W, then north along the Washington (references are in relation to border of S28 T34NR11W, S21 west border of S32 T36NR08W and S29 the Willamette Meridian and baseline): T34NR11W, S16 T34NR11W, S09 T36NR08W, then east along the north (A) Columbia River Gorge/White T34NR11W, S04 T34NR11W to the border of S29 T36NR08W, then north Salmon (Figure 6 to § 17.41(c)) point of beginning. along the west border of S21 (1) Columbia River Gorge Segment (D) California Cascades, (Mt Diablo T36NR08W, S16 T36NR08W, S09 (Figure 6 to § 17.41(c)) Beginning at the Meridian and Baseline) (Figure 3 to T36NR08W, S04 T36NR08W, then east northwest corner of T03NR05E, then § 17.41(c)) along the north border of T36NR08W, east along the north border of Beginning at the Intersection of then north along the west border of S34 T03NR05E, T03NR06E, T03NR07E, Interstate Highway 5 and the California- T37NR08W, S27 T37NR08W, and S22 T03NR07.5E, and T03NR08E, then south along the east border of Oregon State Line, then east along the T37NR08W, then west along the south T03NR08E, then west along the north California-Oregon State Line, then south border of S16 T37NR08W, S17 Shore of the Columbia River, then north along the Eastern Boundary of the T37NR08W, then north along the west California Cascades Province, then along the west border of T01NR05E, border of S17 T37NR08W and S08 T02NR05E, and T03NR05E to the Point north along Mule Town Road, then east T37NR08W, then east along the north along the north border of the southeast of Beginning. border of S08 T37NR08W, then north of S10 T31NR06W and southwest of S11 (2) White Salmon Segment (Figure 6 along the west border of S04 T31NR06W, then north along the west to § 17.41(c)) Beginning at the northwest T37NR08W, then east along the north border of the northeast of S11 corner of T06NR10E, then east Along T31NR06W, then east along the north border of T37NR08W, then north along the north border of T06NR10E, then border of the northeast of S11 the west border of S36 T38NR08W, then north along the west border of T31NR06W, then north along the west east along the north border of S36 T07NR11E, then east along the north border of S01 T31NR06W, S36 T38NR08W, then north along the west border of S19 T07NR11E, S20 T32NR06W, and S25 T32NR06W, then border of S30 T38NR07W, then west T07NR11E, S21 T07NR11E, then south west along California Highway 299, then along the south border of S24 along the east border of S21 T07NR11E, north along Trinity Mountain Road, T38NR08W, then north along the west S28 T07NR11E, then south along the then east along the south border of border of S24 T38NR08W and S13 west border of the Yakama Indian T34NR07W and T34NR08W, then south T38NR08W, then east along the north Reservation, then south along the east along the east border of S04 T33NR08W, border of S13 T38NR08W, then north border of T05NR11E, T04NR11E, then then west along the south border of S04 along the west border of S07 southwest along Rattle Snake Creek, T33NR08W and S05 T33NR08W, then T38NR07W, then east along the north then south along the east border of north along the west border of S05 border of S07 T38NR07W, S08 T04NR10E and T03NR10E, then west T33NR08W, then east along the north T38NR07W, S09 T38NR07W, then north along the north Shore of the Columbia border of S05 T33NR08W, then north along the west border of S03 River, then north along the west border along the west border of S33 T38NR07W, S34 T39NR07W, S27 of T03NR09E, then east along the north T34NR08W, S28 T34NR08W, S21 T39NR07W, S22 T39NR07W, and S15 border of T03NR09E, then north along T34NR08W, then west along the south T39NR07W, then west and north along the west border of T04NR10E, border of S17 T34NR08W, S18 California Highway 3 and Interstate T05NR10E, and T06NR10E to the point T34NR08W, then north along the west Highway 5 to the point of beginning. of beginning. Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9515 (B) Siouxon Creek (Figure 7 to east border of S24 T12NR05E, then west the west border of T20NR09E, § 17.41(c)) Beginning at the intersection along the south border of S24, S23, S22, T21NR09E, and T22NR09E to the point of the south border of S16 T06NR04E S21, S20, and S19 T12NR05E, then of beginning. and the Cowlitz-Clark County line, then north along the west border of (E) Finney Block (Figure 10 to north and east along the Cowlitz-Clark T12NR05E, then northwest along U.S. § 17.41(c)) Beginning at the northwest County line, then south along the west Highway 12, then west along the Tilton corner of T36NR07E, then east along the border of S31 T07NR05E, then east River, then north along the west border north border of T36NR07E, T36NR08E along the north border of the SW of NW, of T13NR03E, T14NR03E, and and T36NR09E, then south along the SE of NW, and SW of NE S31 T15NR03E, to the point of beginning. east border of T36NR09E, then east T07NR05E, then north along the west (D) I–90 Corridor (Figure 9 to along the north border of T35NR10E and border of the NE of NE S31 T07NR05E, § 17.41(c)) Beginning at the northwest T35NR11E, then south along the east then east along the Lewis River, then corner of T22NR09E, then east along the border of T35NR11E, then west along south along the east border of S30 north border of T22NR09E and the south border of T35NR11E, then T07NR05E, then east along the north T22NR10E, then north along the west south along the east border of border of S32 T07NR05E, then north border of T22NR11E, then east along the T34NR10E, T33NR10E, T32NR10E, then along the west border of the SE of SW north border of T22NR11E, then north west along the south border of S29 T07NR05E, then east along the along the west border of T22NR12E, T32NR10E, T32NR09E, T32NR08E, and Lewis River, then south along the east then east along the north border of T32NR07E, then north along the west border of S34 T32NR07E, then west border of the SW of SE S29 T07NR05E, T22NR12E, T22NR13E, T22NR14E, along the south border of the southeast then east along the north border of S32 T22NR15E, T22NR16E, and T22NR17E, of the northeast quarter of S34 T07NR05E, then north along the west then north along the west border of S34 T32NR07E, then north along the west border of S28 T07NR05E, then east T23NR17E, S27 T23NR17E, S22 border of the southeast of the northeast along the north border of S28 T23NR17E, S15 T23NR17E, S10 quarter of S34 T32NR07E, then west T07NR05E, then south along the east T23NR17E, S03 T23NR17E, then east along the south border of the northwest border of the NE of NE S28 T07NR05E, along the north border of S03 of the northeast quarter of S34 then west along the south border of the T23NR17E, then north along the west T32NR07E, northeast quarter of the NE of NE S28 T07NR05E, then south border of S34 T24NR17E, S27 along the east border of the SW of NE northwest quarter of S34 T32NR07E, T24NR17E, and S22 TNR17E, then east northwest quarter of the northwest S28 T07NR05E, then east along the along the north border of S22 north border of the NE of SE S28 quarter of S34 T32NR07E, and northeast T24NR17E, S23 T24NR17E, S24 quarter of the northeast quarter of S32 T07NR05E, then south along the east T24NR17E, S19 T24NR18E, S20 border S28 T07NR05E, then east along T32NR07E, then north along the west T24NR18E, S21 T24NR18E, then south border of the northwest quarter of the the channel of Swift Reservoir and the along the east border of S21 T24NR18E, Lewis River, then south and west along northwest quarter of S32 T32NR07E, S28 T24NR18E, S33 T24NR18E, then then west along south border of S29 the Gifford Pinchot National Forest west along the south border of S33 boundary, then south along the Clark- T32NR07E, S30 T32NR07E, then south T24NR18E, then south along the east along the east border of the northwest of Skamania County line, then west along border of S04 T23NR18E, S09 Canyon Creek, then north along the west the northeast quarter, the southwest of T23NR18E, S16 T23NR18E, S21 the northeast quarter, the northwest of border of S03 T05NR04E and S34 T23NR18E, S8 T23NR18E, S33 the southeast quarter, and the southwest T06NR04E, then west along the south T23NR18E, then east along the north of the southeast quarter of S31 of border of NE of SE, NW of SE, and NE border of S04 T22NR18E, then south T32NR07E, then west along the south of SW S33 to 6NR04E, then north along along the east border of S04 T22NR18E, border of T32NR07E, then north along the west border of the NE of SW S33 S09 T22NR18E, S16 T22NR18E, S21 the west border of T32NR07E, T06NR04E, then east along the north T22NR18E, S28 T22NR18E, S33 T33NR07E, T34NR07E, T35NR07E, and border of the NE of SW S33 T06NR04E, T22NR18E, then west along the south T36NR07E to the point of beginning. then north along the west border of the border of T22NR18E, T2NR17E, then (F) Hoh/Clearwater (Olympic NE S33 T06NR04E and SE S28 south along the east border of Peninsula) (Figure 11 to § 17.41(c)) (1) T06NR04E, then east along the north T21NR16E, then west along the south Hoh/Clearwater—North. border of the SE of S28 T06NR04E, then border of T21NR16E, then south along Beginning at the Intersection of the north along the west border of the SE of the east border of T20NR16E, then west Olympic National Park Boundary, and NE and NE of NE S28 T06NR04E, then along the south border of S13 the north border of T30NR15W, then east along the north border of S28 T20NR16E, S14 T20NR16E, S15 east along the north border of T06NR04E, then north along the west T20NR16E, S16 T20NR16E, S17 T30NR15W, T30NR14W, T30NR13W, border S22 T06NR04E, then west along T20NR16E, S18 T20NR16E, then south then south along the Olympic National the south border of S16 T06NR04E to along the east border of T20NR15E, Forest Boundary, then east along the the point of beginning. T19NR15E, then east along the north north border of the southwest quarter of (C) Mineral Block (Figure 8 to border of T18NR15E, then south along the southwest quarter of S23 § 17.41(c)) Beginning at the northwest the east border of T18NR15E, T29NR13W, then south along the east corner of T15NR03E, then east along the T17NR15E, then west along the south border of the southwest quarter of the north border of T15NR03E, T15NR04E, border of T17NR15E, then north along southwest quarter of S23 T29NR13W, T15NR05E and T15NR06E, then south the west border of T17NR15E, then west along the south border of the along the east border of T15NR06E and T18NR15E, then west along the south southwest quarter of the southwest T14NR06E, then west along the south border of T19NR15E, T19NR14E, quarter of S23 T29NR13W, then south border of T14NR06E, then south along T19NR13E, T19NR12E, T19NR11E, along the east border S27 T29NR13W, the east border of T13NR06E and T19NR10E, T19NR09E, T19NR08E, then then east along the north border of the T12NR06E, then west along the south north along the west border of southwest quarter of the southwest border of S24, S23, S23, S21, S20, and T19NR08E, then east along the north quarter of S26 T29NR13W, the southeast S19 T12NR06E, then south along the border of T19NR08E, then north along quarter of the southwest quarter of S26 9516 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules T29NR13W, and the southwest quarter along the Olympic National Park 0022. This information is being of the southeast quarter of S26 Boundary to the point of beginning. collected to provide information T29NR13W, then south along the east (2) Hoh/Clearwater—South. necessary to evaluate permit border of the southwest quarter of the Beginning at the Intersection of U.S. applications and make decisions, southeast quarter of S26 T29NR13W, Highway 101 and the Queets River Road according to criteria established in then east along the north border of S35 in S34 T24N R12W, then north along various Federal wildlife and plant T29NR13W, then south along the east the Queets River Road, then south along conservation statutes and regulations, border of S35 T29NR13W, then east the east border of S34 T24NR12W, then on the issuance or denial of permits. along the north border of the southwest east along the Olympic National Forest Response is required to obtain or retain quarter of the northwest quarter of S36 boundary, then south along the east a permit. Public burden for this T29NR13W, the southeast quarter of the border of T24NR11W and S01 collection of information is estimated to northwest quarter of S36 T29NR13W, T23NR11W, then east and south along vary from 15 minutes to 4 hours per response, with an average of 1.028 hours the southwest quarter of the northeast the border of the Quinalt Indian per response, including the time for quarter of S36 T29NR13W, and the Reservation, then west along U.S. Highway 101 to the point of beginning. reviewing instructions, searching southeast quarter of the northeast existing data sources, gathering and quarter of S36 T29NR13W, then south (xv) Site center means the actual nest tree of a pair of spotted owls or the maintaining the data needed, and along the east border of T29NR13W and primary roost for a non-nesting pair or completing and reviewing the collection T28NR13W, then east along the north territorial single. of information. Send comments border of T27NR12W, then south along (xvi) Timber harvest activity or regarding this burden or any other the Olympic National Park Boundary, harvest means any activity which aspect of this collection of information, then west along the south border of S20 results in the harvest or felling of trees including suggestions for reducing the T25NR10W and S19 T25NR10W, then comprising the suitable habitat of a burden, to the Service Information south along the east border of S25 northern spotted owl. Collection Clearance Office, MS–224 T25NR11W and S36 T25NR11W, then (4) Information Collection. The ARLSQ, Fish and Wildlife Service, east along the north border of collection of information requirements Washington, DC 20240 and the Office of T24NR11W, then south and west along contained in § 17.41(c) have been Management and Budget, Paperwork the Olympic National Park Boundary, approved by the Office of Management Reduction Project (1018–0022), then west along the north border of the and Budget under 44 U.S.C. 3501 et seq. Washington, DC 20503. Quinalt Indian Reservation, then north and assigned clearance number 1018– BILLING CODE 4310±55±P Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9517 9518 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9519 9520 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9521 9522 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9523 9524 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9525 9526 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9527 Dated: February 13, 1995. George T. Frampton, Jr., Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 95–3922 Filed 2–16–95; 8:45 am] BILLING CODE 4310±55±C 9528 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules federal register February 17,1995 Friday Proposed Rule Benzoyl Peroxide;RequiredLabeling; Topical DrugProductsContaining 21 CFRPart201 Food andDrugAdministration Services Health andHuman Department of Part VII 9553 9554 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: In the peroxide drug products should be HUMAN SERVICES Federal Register of August 7, 1991 (56 changed to include a statement FR 37622), FDA published, under concerning the ingredient’s potential to Food and Drug Administration § 330.10(a)(6) (21 CFR 330.10(a)(6)), an cause skin tumors in animals, what is amendment of the tentative final the relevance of this potential in 21 CFR Part 201 monograph for topical acne drug humans, and how such a statement products for OTC human use in which should be worded for consumers. The [Docket No. 92N±0311] the agency reclassified benzoyl peroxide Committee recommended by a four to from its previously proposed three vote (with one abstention) that Topical Drug Products Containing monograph status (Category I) to ‘‘more- information about what is known about Benzoyl Peroxide; Required Labeling data-needed’’ (Category III) status. This benzoyl peroxide should be provided to action (56 FR 37622) was based on new consumers by some mechanism. AGENCY: Food and Drug Administration, information that raised a safety concern Because of the lack of data, however, the HHS. regarding benzoyl peroxide as a tumor Committee recommended that no ACTION: Proposed rule. promoter in mice (Ref. 1) and a study warning statement concerning cancer that reported that benzoyl peroxide has should be included in the labeling of SUMMARY: The Food and Drug tumor initiation potential (Ref. 2). benzoyl peroxide products. The Administration (FDA) is proposing Subsequently, a drug manufacturers Committee recommended unanimously additional labeling (warning and association submitted data and that FDA consider appropriate wording directions) for all topically-applied acne information in support of the safety of for additional labeling to highlight those treatment drug products containing benzoyl peroxide (Refs. 3 through 6). areas where there may be risks and that benzoyl peroxide. The warning advises FDA evaluated these data and the proposed wording be brought back consumers to avoid unnecessary sun information and determined that the to the Committee for review. exposure and to use a sunscreen when studies show that benzoyl peroxide is a The Committee was also informed using a benzoyl peroxide product to skin tumor promoter in more than one that the agency had previously treat acne. The directions provide strain of mice as well as in hamsters. To recommended to industry that a lifetime information about applying benzoyl date, topical studies (which have shown animal carcinogenicity study to assess peroxide and a sunscreen, and about only tumor promotion) have been of benzoyl peroxide’s safety include, as discontinuing use of both products if short duration (about 52 weeks). part of the protocol, periods of exposure irritation or sensitivity develops. Although animal data and human to UV light (Ref. 9). The Committee was Prescription drug products will need a epidemiology data are available, the asked its opinion on the need for such patient package insert to convey this agency has determined that further testing. Industry representatives stated information to product users. The studies are necessary to adequately to the Committee that studies already agency is requesting public comment on assess the tumorigenic potential of conducted by Iversen (Refs. 10 and 11) whether a consumer package insert benzoyl peroxide. These studies are showed no evidence that benzoyl should be required to provide additional currently being conducted (Ref. 7). The peroxide enhanced the carcinogenicity information FDA believes users of these agency acknowledges that it may take of UV light. After a lengthy discussion, benzoyl peroxide products should have. several years for these studies to be the Committee concluded that the That information would summarize completed and analyzed, and for a final Iversen studies were insufficient to fully some problems that occurred when determination to be made on benzoyl resolve this issue because they were not benzoyl peroxide was used in tests on peroxide’s safety. animal lifetime studies and an mice and would mention that additional Because studies have shown that insufficient number of animals had been studies are currently being conducted. benzoyl peroxide is a skin tumor used. Further, based on the protocol, it The final status of benzoyl peroxide in promoter in animals, and the relevance was uncertain that the studies provided over-the-counter (OTC) drug products of this finding to humans is unknown, assurance that benzoyl peroxide’s tumor and the continued need for the the agency was concerned about fostering potential was conclusively additional labeling will be determined continued OTC marketing during the assessed. The Committee recommended when these additional studies are several years it will take to resolve the unanimously that a new completed and evaluated. safety issues raised by the studies photocarcinogenicity study should be DATES: Written comments on the discussed above. Because of this conducted (Ref. 12). As noted above, proposed regulation by May 18, 1995. concern, the agency discussed this this study is being conducted (Ref. 7). Written comments on the agency’s matter with its Dermatologic Drugs A comment submitted after the economic impact determination by May Advisory Committee (the Committee) on Committee meeting (Ref. 13) from a 18, 1995. FDA is proposing that the final April 10, 1992 (Ref. 8). At that meeting, consumer association urged the agency rule based on this proposal be effective information was presented by to move quickly to inform the American 6 months after the date of its publication representatives of FDA and industry, public of the possible health and safety consumer, and professional risks associated with benzoyl peroxide. in the Federal Register. organizations. The Committee was The comment did not recommend ADDRESSES: Written comments to the asked to assess the safety and efficacy removal of this drug from the OTC Dockets Management Branch (HFA– data available for benzoyl peroxide, to market, but suggested several labeling 305), Food and Drug Administration, consider the benefit-to-risk ratio, and to statements that could be used. Another rm. 1–23, 12420 Parklawn Dr., recommend whether the product should comment by a national manufacturers Rockville, MD 20857. continue to be available for use while association (Ref. 14) suggested that FDA FOR FURTHER INFORMATION CONTACT: further safety data are developed. The use alternative available methods, rather William E. Gilbertson, Center for Drug Committee voted unanimously that than labeling, to disseminate Evaluation and Research (HFD–810), benzoyl peroxide should remain information on this subject. The Food and Drug Administration, 5600 available as an OTC drug product. association proposed: (1) Fact Sheets Fishers Lane, Rockville, MD 20857, The Committee was also asked mailed to consumer groups and 301–594–5000. whether the OTC labeling of benzoyl publishers of medical- and pharmacy- Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9555 related information, (2) publications in completed, the monograph or sensitivity develops, discontinue use of FDA Consumer, and (3) other similar nonmonograph status of benzoyl both products and consult a doctor.’’ and related mechanisms. The peroxide will be resolved. Prescription drug products will need association stated that the OTC label FDA has determined that the results a patient package insert to convey this should be maintained as an of available animal studies do not information to users of the product. For instructional tool for safe product use provide a sufficient basis to restrict OTC prescription drug products, the agency rather than for the dissemination of marketing of benzoyl peroxide products is proposing that this same information ambiguous, potentially frightening at this time. However, the agency has appear in a patient package insert in information that the consumer has little tentatively determined that consumers accord with 21 CFR 201.57(f)(2) and ability to make an informed decision who choose to use products containing new § 201.318 (21 CFR 201.318) of this about. this ingredient need to be informed chapter, which is being proposed in this The association contended that about an additional condition related to document. labeling already proposed by the agency this use, i.e., to avoid unnecessary sun The agency would like public for benzoyl peroxide pertaining to ‘‘skin exposure and to use a sunscreen. The comment on how beneficial it would be irritation’’ (50 FR 2172 at 2181, January agency has also determined that it to provide users of OTC and 15, 1985) would take into account the would be desirable to provide users of prescription drug products containing hypothetical mechanism of skin tumor benzoyl peroxide products some benzoyl peroxide additional information promotion which—although not known additional information about this drug on what is known about the ingredient. to occur in humans—represents the best based on the studies that have been and This information would summarize in model to date to describe the possible are being conducted. lay language some problems that risk that is at issue with benzoyl The agency has considered the occurred when benzoyl peroxide was peroxide. The comment concluded that comments’ viewpoints on how used in tests in mice and would inform the proposed warning conforms to the consumers should be informed about users of the product that additional Committee’s recommendations, i.e., this new information and finds that the studies are currently being conducted. avoids the term ‘‘cancer’’ yet provides various suggestions have merit. The The information would also state that information to the public, is agency tentatively finds that the best consumers can continue to use benzoyl instructional and actionable, and allows way to directly inform users of benzoyl peroxide products while these tests are consumers to take definitive risk peroxide drug products about sun being done. The agency is avoidance action by not using the exposure and this ingredient is to contemplating requiring this product. provide the information in product information to appear in a consumer The agency has carefully considered labeling. The agency will also package insert because it is too the Committee’s and the comments’ disseminate this information in other extensive to appear on the immediate views. The agency agrees that marketing standard ways, e.g., the FDA Consumer container or carton labeling. If of benzoyl peroxide should continue and the FDA Medical Bulletin. The implemented, the requirement would while the ongoing studies are being agency will be able to provide more appear as follows: completed. The agency agrees that detailed information in these The following information shall appear in information should be provided to publications than can be provided in a package insert under the heading consumers and that no warning OTC drug product labeling. ‘‘Additional Information About’’ (insert statement concerning cancer should be Based on the above discussion, the brand name of benzoyl peroxide product): included in the labeling of benzoyl agency is proposing to require that the What is in (insert brand name of benzoyl peroxide drug products because labeling of products containing benzoyl peroxide product)? currently available data are peroxide include a new warning and The main active ingredient in (insert brand inconclusive. The agency has given additional directions. The warning name of product) is benzoyl peroxide. People extensive consideration to the potential advises users of these products to avoid have used it for more than 25 years to treat unnecessary sun exposure and to use a pimples and acne. In animal tests, benzoyl risks established to date, e.g., sun peroxide was put on the skin of mice after exposure, and is proposing certain sunscreen. The agency believes that the other chemicals known to cause tumors. labeling information that it believes warning information is important Benzoyl peroxide appeared to make the should be provided to consumers now. enough that it should appear in boldface tumors caused by the other chemicals grow The bases for these proposals follow. type as the first statement under the faster, but benzoyl peroxide did not cause Although the skin tumor promotion heading ‘‘WARNINGS.’’ The additional tumors by itself. Substances that cause caused by benzoyl peroxide in mice and directions provide information about tumors to grow or to grow faster in animals hamsters is disturbing, the overall test applying the benzoyl peroxide and raise questions about the possibility of a results are not conclusive, and the risk sunscreen. For OTC drug products similar effect in humans. However, many to humans is unknown. In recent containing benzoyl peroxide, the agency such substances have had no effect on human tumors. epidemiologic studies (Refs. 15 and 16), is proposing that the following Does Benzoyl Peroxide Cause Tumors to Hogan et al. concluded that there is no information be used: Grow in Humans? indication that the normal use of (1) The following statement shall A Canadian survey looked at people who benzoyl peroxide in the treatment of appear in boldface type as the first did and did not use benzoyl peroxide. The acne is associated with an increased risk sentence under the heading people who used benzoyl peroxide did not of acial skin cancer. ‘‘Warnings’’: ‘‘When using this product, have any more skin tumors than those who Benzoyl peroxide is a widely used avoid unnecessary sun exposure and did not use it. and effective ingredient in the topical use a sunscreen.’’ No one study can answer all the important treatment of acne. As noted above, the (2) The following information shall questions about the effects of a medicine. Committee recommended unanimously appear in the ‘‘Directions’’ section of the This Canadian survey did not consider the effects of using benzoyl peroxide for many that benzoyl peroxide should remain labeling: ‘‘If going outside, use a years or in places where people may be available as an OTC drug product while sunscreen. (sentence in boldface type) exposed to other causes of skin tumors, such the additional studies to answer the Allow [insert name of benzoyl peroxide as locations that get more sunlight. More unresolved safety questions are being product] to dry, then follow directions studies are being done now. conducted. When those studies are in the sunscreen labeling. If irritation or What Should I Do? 9556 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules At this time, a group of doctors called about the ingredient needs to be Because the agency is encouraging together by the Food and Drug provided to consumers. The agency manufacturers of benzoyl peroxide Administration believe it is okay to continue considers the labeling being proposed in products to voluntarily implement the to use benzoyl peroxide to help clear up this document to be in accord with the labeling in this proposal as soon as pimples while more studies are being done. There is no evidence that the drug causes provisions of sections 201(n) and 502(a) possible (see discussion below), tumors or causes tumors to grow faster in of the act (21 U.S.C. 321(n) and 352(a)). manufacturers may wish or need to add humans. The agency acknowledges that there additional information in their labeling If you decide to use this medicine, you currently is a lack of information on about application intervals as should try to avoid possible causes of tumors. possible interactions between products appropriate for their specific product. Because sunlight can cause tumors in containing benzoyl peroxide and References humans, you should stay out of sunlight as products containing a sunscreen (or much as possible and use a sunscreen when sunscreens). There are numerous (1) Slaga, T. J. et al., ‘‘Skin-Tumor Activity you go outside. of Benzoyl Peroxide, A Widely Used Free This leaflet will be revised when more is benzoyl peroxide products in the marketplace, and these products are Radical-Generating Compound,’’ Science, known about the effects of benzoyl peroxide. 213:1023–1025, 1981. This labeling would apply equally to formulated with a variety of inactive (2) Kurokawa, Y. et al., ‘‘Studies on the both OTC and rescription drug products ingredients. Likewise, there are many Promoting and Complete Carcinogenic that contain benzoyl peroxide. At this sunscreens in the marketplace, and Activities of Some Oxidizing Chemicals in time, only one prescription product (a these products are formulated with a Skin Carcinogenesis,’’ Cancer Letters, combination product containing variety of inactive ingredients, which in 24:299–304, 1984. benzoyl peroxide and erythromycin) is some cases are different than those (3) Comment No. RPT, Docket No. 81N– 0114, Dockets Management Branch. subject to an approved application. contained in the benzoyl peroxide products. However, the agency is unable (4) Comment No. RPT 00002, Docket No. Other prescription products are 81N–0114, Dockets Management Branch. currently marketed without approved to state whether any incompatibilities (5) Comment No. SUP00002, Docket No. applications. This labeling would apply may occur when the two types of 81N–0114, Dockets Management Branch. to any prescription product containing products are used sequentially. The (6) Comment No. SUP00003, Docket No. benzoyl peroxide, whether marketed agency believes that users should allow 81N–0114, Dockets Management Branch. under or without an approved the benzoyl peroxide to dry before (7) Comments No. C31, PR1, and PR2, application. applying the sunscreen. This would not Docket No. 81N–0114, Dockets Management The agency is especially concerned be a concern if the benzoyl peroxide is Branch. applied at bed time and the sunscreen (8) Transcript of 34th meeting of FDA’s whether the benzoyl peroxide warning Dermatologic Drugs Advisory Committee, will be read and understood by is applied the following morning. April 10, 1992, Bethesda, MD, pp. 10–22, teenagers, the largest group of targeted However, some users will reapply the 112–117, 146–149, 177–184, 234–236, and consumers of acne drug products, and, benzoyl peroxide in the morning before 262–266, OTC vol. No. 07BP, Docket No. if read, if they will comply with the going outside. Sunscreen applied soon 92N–0311, Dockets Management Branch. warning. An additional concern is the after the benzoyl peroxide could interact (9) Comment No. MM4, Docket No. 81N– possibility that the proposed labeling with the benzoyl peroxide product. 0114, Dockets Management Branch. may result in teenagers not treating acne Therefore, the agency is considering the (10) Iversen, O. H., ‘‘Carcinogenesis following product labeling to inform Studies with Benzoyl Peroxide (Panoxyl gel at all, although dermatologists consider 5%),’’ Journal of Investigative Dermatology, this an abnormal skin condition that consumers: ‘‘There currently is a lack of 86:442–448, 1986. should be treated. Based on these information on possible interactions (11) Iversen, O. H., ‘‘Skin tumorigenesis concerns, the agency invites public between products containing benzoyl and carcinogenesis studies with 7, 12- comment, particularly with supporting peroxide and products containing a dimethylbenz [a] anthracene, ultraviolet information, regarding label reading, sunscreen (or sunscreens).’’ light, benzoyl peroxide (Panoxyl gel 5%) and label understanding, and making use of The agency is aware that the ointment gel,’’ Carcinogenesis, 9:803–809, the information, especially with regard prescription ingredient tretinoin, which 1988. (12) Transcript of 34th meeting of FDA’s to the teenage population. The agency is used for the topical treatment of acne, Dermatologic Drugs Advisory Committee, also invites comment on whether the states in its labeling (Ref. 17) that ‘‘Use April 10, 1992, Bethesda, MD, pp. 277–279, proposed consumer package insert of sunscreen products and protective OTC vol. No. 07BP, Docket No. 92N–0311, would provide useful information to clothing over treated areas is Dockets Management Branch. teenagers. An alternative to the labeling recommended when exposure [to (13) Comment No. C6, Docket No. 81N– approach that FDA is proposing would sunlight] cannot be avoided.’’ However, 114A, Dockets Management Branch. be to place the ingredient on the labeling does not provide any (14) Comment No. C7, Docket No. 81N– prescription status until the testing is directions about the time or method of 114A, Dockets Management Branch. (15) Hogan, D. J., T. To, and E. R. Wilson, completed. At that time, the skin tumor applying he sunscreen. The same ‘‘Drug and Non-Drug Risk Factors Associated promotion issue and the effects of sun manufacturer also markets benzoyl With Facial Skin Cancer,’’ A report to the exposure should be resolved, and a final peroxide acne drug products. Thus, the Nonprescription Drug Manufacturers decision can be made on the monograph manufacturer may have information in Association/the Nonprescription Drug or nonmonograph status of this its files about the use of a sunscreen Manufacturers Association of Canada on the ingredient. following topical acne drug products Saskatchewan Study, Comment No. 4, Docket Based on all information currently containing benzoyl peroxide. No. 81N–114A, Dockets Management Branch. available, the agency considers the Manufacturers of both benzoyl peroxide (16) Hogan, D. J. et al., ‘‘A Study of Acne known benefits of the OTC availability and sunscreen products are invited to treatments as Risk Factors for Skin Cancer of the Head and Neck,’’ British Journal of of products containing benzoyl peroxide comment on the appropriateness of a Dermatology, 125(4):343–348, 1991. to exceed the possible safety risks. waiting period between application of (17) ‘‘Physicians Desk Reference—1993,’’ However, until a final determination is the two products and to submit any 47 ed., Medical Economics Co., Montvale, NJ, made on the OTC status of benzoyl information available in their files on pp. 1736–1737, 1993. peroxide, the agency tentatively sequential use of these types of Manufacturers of all drug products concludes that additional information products. containing benzoyl peroxide are Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9557 encouraged to voluntarily implement Register will be provided for comments conducted, and until the results of the this labeling as of the date of on this subject to be developed and studies have been assessed, FDA publication of this proposal, subject to submitted. The agency will evaluate any concludes that the labeling of topical the possibility that FDA may change the comments and supporting data that are drug products containing benzoyl wording of the statement, or not require received and will reassess the economic peroxide should inform users of the the statement, as a result of comments impact of this rulemaking in the product that some harm may result from filed in response to this proposal. preamble to the final rule. exposure to sunlight in conjunction Because FDA is encouraging that the The agency has determined under 21 with the use of products containing proposed labeling statement be used on CFR 25.24(c)(6) that this action is of a benzoyl peroxide. Accordingly, a a voluntary basis at this time the agency type that does not individually or warning and additional directions must advises that manufacturers will be given cumulatively have a significant effect on appear in the labeling of prescription or ample time after publication of a final the human environment. Therefore, over-the-counter (OTC) drug products rule to use up any labeling implemented neither an environmental assessment that contain benzoyl peroxide. in conformance with this proposal. nor an environmental impact statement (b) Any OTC drug product containing FDA has examined the impacts of the is required. benzoyl peroxide for topical proposed rule under Executive Order Interested persons may, on or before administration shall bear the following 12866 and the Regulatory Flexibility Act May 18, 1995, submit written comments statement in its labeling: (Pub. L. 96–354). Executive Order 12866 to the Dockets Management Branch (1) The following statement shall directs agencies to assess all costs and (address above). Written comments on appear in boldface type as the first benefits of available regulatory the agency’s economic impact sentence under the heading alternatives and, when regulation is determination may be submitted on or ‘‘Warnings’’: ‘‘When using this product, necessary, to select regulatory before May 18, 1995. Three copies of all avoid unnecessary sun exposure and approaches that maximize net benefits comments are to be submitted, except use a sunscreen.’’ (including potential economic, that individuals may submit one copy. (2) The following information shall environmental, public health and safety, Comments are to be identified with the appear in the ‘‘Directions’’ section of the and other advantages; distributive docket number found in brackets in the labeling: ‘‘If going outside, use a impacts; and equity). The agency heading of this document and may be sunscreen. (sentence in boldface type) believes that this proposed rule is accompanied by a supporting Allow [insert name of benzoyl peroxide consistent with the regulatory memorandum or brief. Comments may product] to dry, then follow directions philosophy and principles identified in be seen in the office above between 9 in the sunscreen labeling. If irritation or the Executive Order. In addition, the a.m. and 4 p.m., Monday through sensitivity develops, discontinue use of proposed rule is not a significant Friday. both products and consult a doctor.’’ regulatory action as defined by the (c) Requirement for a patient package Executive Order and, thus, is not subject List of Subjects in 21 CFR Part 201 insert for any prescription drug product to review under the Executive Order. Drugs, Labeling, Reporting and containing benzoyl peroxide for topical The Regulatory Flexibility Act recordkeeping requirements. administration. Each topical benzoyl requires agencies to analyze regulatory Therefore, under the Federal Food, peroxide product restricted to options that would minimize any Drug, and Cosmetic Act and under prescription distribution, including any significant impact of a rule on small authority delegated to the Commissioner benzoyl peroxide in fixed combination entities. The proposed rule is estimated of Food and Drugs, it is proposed that with other drugs, shall be dispensed to to generate a one-time label 21 CFR part 201 be amended as follows: patients with a patient package insert modification, the cost of which will not containing the information in paragraph be significant. Similarly, the costs PART 201ÐLABELING (c)(2)(iii) of this section. This incurred by small businesses are 1. The authority citation for 21 CFR requirement applies to any topical estimated to be insufficient to warrant a part 201 continues to read as follows: benzoyl peroxide drug product that is regulatory flexibility analysis. FDA the subject of a new drug application believes that small marketers use Authority: Secs. 201, 301, 501, 502, 503, approved either before or after October relatively simple and inexpensive 505, 506, 507,508, 510, 512, 530–542, 701, 9, 1962, and all identical, related, or packaging and labeling. Hence, labeling 704, 721 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 331, 351, 352, similar drug products as defined in change costs to small firms are not 353, 355, 356, 357, 358, 360, 360b, 360gg- § 310.6 of this chapter, whether or not expected to be substantial. Accordingly, 360ss, 371, 374, 379e); secs. 215, 301, 351, the subject of an approved new drug the agency certifies that the proposed 361 of the Public Health Service Act (42 application. rule will not have a significant U.S.C. 216, 241, 262, 264). (1) Distribution requirements. For economic impact on a substantial 2. New § 201.318 is added to subpart topical benzoyl peroxide drug products, number of small entities. Therefore, G to read as follows: the manufacturer and distributor shall under the Regulatory Flexibility Act, no provide a patient package insert in or further analysis is required. § 201.318 Labeling for benzoyl peroxide- with each package of the drug product The agency invites public comment containing topical preparations; required that the manufacturer or distributor regarding any substantial or significant statements. intends to be dispensed to a patient. The economic impact that this rulemaking (a) Studies have shown that skin patient labeling shall be provided as a would have on manufacturers of drug tumors were fostered in laboratory separate printed leaflet independent of products that contain benzoyl peroxide. animals exposed to benzoyl peroxide any additional materials provided with Comments regarding the impact of this and tumor initiators. It is also known the product. rulemaking on benzoyl peroxide that excessive sunlight can cause skin (2) Patient package insert contents. A containing drug products should be cancer in humans. Animal studies are in patient package insert for a topical accompanied by appropriate progress to investigate whether benzoyl benzoyl peroxide drug product is documentation. A period of 90 days peroxide is a tumor promoter or initiator required to contain the following from the date of pubication of this in the absence and/or presence of information: proposed rulemaking in the Federal sunlight. While these studies are being (i) The name of the drug. 9558 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules (ii) The name and place of business of (v) The date, identified as such, of the (d) Any drug product subject to this the manufacturer, packer, or distributor. most recent revision of the patient section that is not labeled as required (iii) The following statement: package insert. and that is initially introduced or (3) Requirements to supplement WARNING: ‘‘When using this product, initially delivered for introduction into approved application. Holders of avoid unnecessary sun exposure and interstate commerce after (insert date 6 approved applications for topical use a sunscreen.’’ (sentence and word months after date of publication of the benzoyl peroxide drug products that are WARNING in boldface type) final rule in the Federal Register) is subject to the requirements of this misbranded under section 502 of the (iv) The following information shall section must submit supplements under Federal Food, Drug, and Cosmetic Act appear in the ‘‘Directions’’ section of the § 314.70(c) of this chapter to provide for and is subject to regulatory action. labeling: ‘‘If going outside, use a the labeling required by paragraph (c) of sunscreen. (sentence in boldface type) this section. Such labeling may be put Dated: January 31, 1995. Allow [insert name of benzoyl peroxide into use without advance approval of William K. Hubbard, product] to dry, then follow directions the Food and Drug Administration Interim Deputy Commissioner for Policy. in the sunscreen labeling. If irritation or provided it includes only the [FR Doc. 95–4007 Filed 2–16–95; 8:45 am] sensitivity develops, discontinue use of information included in paragraph(c) of both products and consult a doctor.’’ this section. BILLING CODE 4160±01±F federal register February 17,1995 Friday Notice New AwardsforFiscalYear(FY)1995; Program; NoticeInvitingApplicationsfor International EducationExchange Education Department of Part IX 9563 9564 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices DEPARTMENT OF EDUCATION Estimated Average Size of Awards: knowledge, skills and traits of character $1,500,000. essential for the preservation and [CFDA No.: 84.304A] Estimated Number of Awards: 2. improvement of constitutional International Education Exchange Note: The Department is not bound by any democracy; and Program; Notice Inviting Applications estimates in this notice. (ii) Effective participation in and the preservation and improvement of an for New Awards for Fiscal Year (FY) Project Period: Up to 12 months. 1995 efficient market economy; Applicable Regulations: (a) The (b) Provide United States participants Education Department General Purpose of Program: To support with— Administrative Regulations (EDGAR) in international education exchange (1) Seminars on the histories, 34 CFR parts 74, 75, 77, 79, 80, 81, 82, activities between the United States and economies, and governments of eligible 85, and 86; and (b) The regulations in eligible countries in civics and countries; 34 CFR parts 98 and 99. government education and economic (2) Visits to school systems, Priorities: Under 34 CFR 75.105(c)(3) education. institutions of higher learning, and and 20 USC 5951(c)(2)(B) the Secretary Eligible Applicants: Independent organizations conducting exemplary gives an absolute preference to nonprofit educational organizations programs in civics and government applications that meet one of the that- education and economic education (a) Have expertise in international following priorities. The Secretary funds located in eligible countries. achievement comparisons, and are under this competition only (3) Home stays in eligible countries; experienced in— applications that meet one of these (4) Assistance from educators and (1) The development and national absolute priorities: scholars in eligible countries in the implementation of curricular programs Absolute Priority 1—International development of curricular materials on in civics and government education and Education Exchange Program in the history, government, and economies economic education for students from Civics and Government Education. of such countries that are useful in grades kindergarten through 12 in local, Absolute Priority 2—International United States classrooms; intermediate, and State educational Education Exchange Program in (5) Opportunities to provide on-site agencies, in schools funded by the Economic Education. demonstrations of United States Bureau of Indian Affairs, and in private To meet one of these two priorities, curricula and pedagogy for educational schools throughout the Nation with the each applicant must propose to carry leaders in eligible countries; and cooperation and assistance of national out the following activities, in either (6) Research and evaluation assistance professional educational organizations, civics and government education or to determine— colleges and universities and private economic education: (i) The effects of educational programs sector organizations; (a) Provide eligible countries with— on students’ development of the (2) The development and (1) Seminars on the basic principles of knowledge, skills, and traits of character implementation of cooperative the United States constitutional essential for the preservation and university and school-based inservice democracy and economics, including improvement of constitutional training programs for teachers of grades seminars on the major governmental democracy; and kindergarten through 12 using scholars and economic institutions and systems (ii) Effective participation in and from such relevant disciplines as in the United States, and visits to such improvement of an efficient market political science, political philosophy, institutions; economy; and history, law and economics; (2) Visits to school systems, (7) Educational programs which draw (3) The development of model institutions of higher learning, and upon the experiences of emerging curricular frameworks in civics and nonprofit organizations conducting constitutional democracies that are government education and economic exemplary programs in civics and created and implemented for United education; government education and economic States students; and (4) The administration of education in the United States; (c) Assist participants from eligible international seminars on the goals and (3) Home stays in United States countries and the United States in objectives of civics and government communities; participating in international education or economic education in (4) Translations and adaptations conferences on civics and government constitutional democracies (including regarding the United States civics and education and economic education. The the sharing of curricular materials) for government education and economic primary participants in these educational leaders, teacher trainers, education curricular programs for conferences shall be leading educators scholars in related disciplines, and students and teachers, and in the case in the areas of civics and government educational policymakers; and of training programs for teachers education and economic education, (5) The evaluation of civics and translations and adaptations into forms including curriculum and teacher government education or economic useful in schools in eligible countries, training specialists, scholars in relevant education programs; and and joint research projects in such areas; disciplines, and educational (b) Have the authority to subcontract (5) Translation of basic documents of policymakers, from the United States with other organizations to carry out United States constitutional government and eligible countries. Also, provide a these provisions. for use in eligible countries, such as The means for the exchange of ideas and Deadline for Transmittal of Federalist Papers, selected writings of experiences in civics and government Applications: April 17, 1995. Presidents Adams and Jefferson, and the education and economic education Deadline for Intergovernmental Anti-Federalists, and more recent works among political, educational, and Review: June 16, 1995. on political theory, constitutional law private sector leaders of participating Applications Available: February 23, and economics; eligible countries. 1995. (6) Research and evaluation assistance Note: For this program, the term ‘‘eligible Available Funds: $3,000,000. to determine— country’’ means a Central European country, Estimated Range of Awards: (i) The effects of educational programs an Eastern European country, Lithuania, $1,300,000 to $1,700,000. on students’ development of the Latvia, Estonia, Georgia, the Commonwealth Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9565 of Independent States, and any country that (4) Quality of Key Personnel (34 CFR grant competitions, can be viewed on formerly was a republic of the Soviet Union 75.210(b)(4)). Three points are added to the Department’s electronic bulletin whose political independence is recognized this criterion for a possible total of 10 board (ED Board), telephone (202) 260– in the United States. points. 9950; or on the Internet Gopher Server Selection Criteria: In evaluating For Applications or Information at GOPHER.ED.GOV (under applications for grants under this Contact: Dr. Joseph C. Conaty, U.S. Announcements, Bulletins and Press competition, the Secretary uses the Department of Education, 555 New Releases). However, the official selection criteria in 34 CFR 75.210(b). Jersey Avenue NW., Room 610, application notice for a discretionary Under 34 CFR 75.210(c), the Secretary is Washington, D.C. 20208–5573. grant competition is the notice authorized to distribute an additional 15 Telephone: (202) 219–2079. Individuals published in the Federal Register. points among the criteria to bring the who use a telecommunications device total to a maximum of 100 points. For for the deaf (TDD) may call the Federal Program Authority: 20 USC 5951. this competition, the Secretary Information Relay Service (FIRS) at 1– Dated: February 13, 1995. distributes the additional points as 800–877–8339 between 8.a.m. and 8 Sharon P. Robinson, follow: p.m., Eastern time, Monday through (3) Plan of Operation (34 CFR Assistant Secretary for Educational Research Friday. and Improvement. 75.210(b)(3)). Twelve points are added Information about the Department’s to this criterion for a possible total of 27 funding opportunities, including copies [FR Doc. 95–4060 Filed 2–16–95; 8:45 am] points. of application notices for discretionary BILLING CODE 4000±01±P federal register February 17,1995 Friday Program; Notice Ford FederalDirectStudentLoan Postsecondary Education:WilliamD. Education Department of Part X 9567 9568 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices DEPARTMENT OF EDUCATION (HEA). See Subtitle A of the Omnibus The Secretary will accept applications Budget Reconciliation Act of 1993 (Pub. from schools to participate in the Direct William D. Ford Federal Direct Loan L. 103–66). Under the Direct Loan Loan Program through November 1, Program; Solicitation of Applications Program, loan capital is provided 1995. The Secretary will select schools directly to student and parent borrowers to participate in the Direct Loan AGENCY: Department of Education. by the Federal Government rather than Program periodically throughout 1995 ACTION: Notice of Solicitation of through private lenders. and will notify the institutions that are Applications. selected individually. The Secretary Background SUMMARY: The Secretary of Education will publish a final list of the schools invites applications from schools to The HEA directed the Secretary to selected to participate in the Direct Loan participate in the William D. Ford phase in the Direct Loan Program. The Program after he has evaluated all of the Federal Direct Loan (Direct Loan) HEA provided that the student loan applications received on or before Program for the 1996–1997 academic volume made under the Direct Loan November 1, 1995. The Secretary year, which is the academic year Program should represent five percent encourages potential participants to beginning July 1, 1996. This notice of the total student loan volume in submit applications early. This will relates to the Federal Direct Stafford/ academic year 1994–1995, the first year provide a school with more time to plan Ford Loan Program, the Federal Direct of implementation, and 40 percent for for its transition into the Direct Loan Unsubsidized Stafford/Ford Loan the second year of the program Program and to begin the transition Program, and the Federal Direct PLUS (academic year 1995–1996). For process. Further, a school will be able Program, collectively referred to as the academic year 1996–1997, the HEA to take advantage of training Direct Loan Program. On December 29, directs the Secretary to exercise his opportunities and prepare any campus 1994, the Department of Education discretion in the selection of schools so materials it may choose to use in the published a notice in the Federal that the loans made under the Direct Direct Loan Program. Register (59 FR 67579) inviting schools Loan Program will represent 50 percent A school that has been selected to to apply to participate in the third year of the new student loan volume for that participate in the Direct Loan Program of the Direct Loan Program. That notice academic year unless the Secretary for the 1995–1996 academic year, and included the Secretary’s application and determines that a higher percentage is an eligible school that applied to selection procedures. However, the warranted by the number of institutions participate in the program for that year version of the application form included of higher education that desire to but was not selected, need not submit with the notice did not contain an participate in the Direct Loan Program an application for the 1996–1997 expiration date issued by the Office of that meet the eligibility requirements for academic year. If an eligible school that Management and Budget. The form participation. See section 453(a)(2) and applied but was not selected for contained in the appendix to this notice (3) of the HEA. participation in the second year does contains this date. Any school wishing Schools participating in the Direct not wish to be considered for to apply to participate in the Direct Loan Program transmit and receive loan participation in the third year, it should Loan Program after the date of origination information electronically to notify the Secretary. and from a Direct Loan Servicer and publication of this notice must use the Solicitation of Applications for application form included as an receive Federal funds electronically. The Secretary provides PC software and Participation in the Direct Loan appendix to this notice. If a school has Program—1996–1997 Academic Year already submitted an application to the mainframe specifications, as well as Secretary using the form published on technical assistance, to schools to Purpose of Program December 29, 1994, the school does not facilitate their implementation of the To provide loans to enable students have to reapply. Along with the revised Direct Loan Program. and parents of students to pay the application form, the Secretary is The standards for institutional students’ costs of attendance at a republishing the application and participation in the Direct Loan Program postsecondary school. Under the Direct selection process for the convenience of for the 1995–1996 and subsequent Loan Program, loan capital is provided schools. academic years were published as final directly to student and parent borrowers regulations on December 1, 1994 (59 FR APPLICATION DEADLINE: The deadline date by the Federal Government rather than 61664). See 34 CFR 685.400, and through private lenders. for the transmittal of applications is § 685.402. These final regulations were November 1, 1995. developed after the Secretary received Eligible Applicants FOR FURTHER INFORMATION CONTACT: input from the financial aid community Colleges, universities, graduate and Byron K. Belser, U.S. Department of and other members of the public professional schools, and vocational and Education, 600 Independence Avenue through a negotiated rulemaking process technical schools that meet the SW., Room 3022, Regional Office and numerous other opportunities for definition of an eligible institution Building 3, Washington, DC 20202– public comment. under section 435(a) of the HEA. 5400. Telephone: (202) 708–9406. Individuals who use a Application and Selection Process Deadline for Transmittal of telecommunications device for the deaf The Secretary is directed to increase Applications (TDD) may call the Federal Information the loan volume under the Direct Loan November 1, 1995. Relay Service (FIRS) at 1–800–877–8339 Program to 50 percent of the total between 8 a.m. and 8 p.m., Eastern time, student loan volume for the 1996–1997 For Information Contact Monday through Friday. academic year, unless the Secretary Byron K. Belser, U.S. Department of SUPPLEMENTARY INFORMATION: The determines that a higher percentage is Education, 600 Independence Avenue Omnibus Budget Reconciliation Act of warranted by the number of institutions SW., Room 3022, Regional Office 1993, enacted on August 10, 1993, of higher education that desire to Building 3, Washington, D.C. 20202– established the Direct Loan Program participate in the Direct Loan Program 5400. Telephone: (202) 708–9406. under Title IV, Part D of the Higher and meet the eligibility requirements for Individuals who use a Education Act of 1965, as amended participation. telecommunications device for the deaf Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9569 (TDD) may call the Federal Information official at the school to receive Direct Education, Office of Postsecondary Relay Service (FIRS) at 1–800–877–8339 Loan materials. Education, ROB–3, Federal Direct Loan between 8 a.m. and 8 p.m., Eastern time, If a school is applying as part of a Task Force, Room 4025, 600 Monday through Friday. consortium, it must indicate the exact Independence Avenue SW., names of all schools in the consortium Washington, DC 20202–5162, FAX: Application Form and Instructions and the name of the destination point (202) 260–6718, (202) 260–6705, or (school or outside entity) for the (202) 260–6706. The Secretary has developed an consortium. application form for a school to use to (Catalog of Federal Domestic Assistance In order to be considered for Number 84.268, William D. Ford Federal apply to participate in the Direct Loan participation in the 1996–1997 Program. A copy of the application form Direct Loan Program) academic year, a school must complete Dated: February 14, 1995. is included as an Appendix to this the application and submit it to the David A Longanecker, notice. On this form, the signature of the address below as soon as possible, but President or Chief Executive Officer no later than November 1, 1995. Assistant Secretary for Postsecondary (CEO) of the institution is required. In A school may mail or fax the Education. addition, the school must designate an application to: U.S. Department of BILLING CODE 4000±01±P 9570 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9571 [FR Doc. 95–4059 Filed 2–16–95; 8:45 am] BILLING CODE 4000±01±C federal register February 17,1995 Friday Increase, Montana;Notice Blackfeet IrrigationProjectO&MRate Bureau ofIndianAffairs Interior Department ofthe Part XI 9573 9574 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: The period was allowed. The Bureau authority to issue this document is received 13 comments from water users Bureau of Indian Affairs vested in the Secretary of the Interior by and other interested persons. 5 U.S.C. 301, and the Act of August 14, While all 13 comments opposed the Blackfeet Irrigation Project O&M Rate 1914 (38 Stat. 583, 25 U.S.C. 385), and Increase, Montana rate increase, most recognized that the has been delegated to the Assistant Project experiences delivery problems Secretary—Indian Affairs pursuant to AGENCY: and requires better maintenance. The Bureau of Indian Affairs, Part 209 Departmental Manual Chapter Interior. rate increase established herein will 8.1A and Memorandum, from Chief of allow for the performance of this and ACTION: Notice of rate change. Staff, Department of the Interior, to will enable the Project to deliver water Assistant Secretaries, Heads of Bureaus as required. The commentators failed to SUMMARY: The Bureau of Indian Affairs and Offices, dated January 25, 1994. identify other means of achieving these is increasing the Blackfeet Irrigation The operation and maintenance goals without raising the operation and Project’s operation and maintenance assessment per assessable acre is based maintenance assessment rates. The BIA assessment rate to $11 per assessable on the estimated normal operation and has therefore determined to proceed acre for the 1995 irrigation season and maintenance cost of the Project for one with the rate increase as established subsequent seasons. The $3 increase to fiscal year. Normal operation and herein. The BIA will respond to each the current rate of $8 per acre will help maintenance is defined as the cost of all commentator further by letter. offset cost increases for personnel, activities involved in delivering supplies, materials and services. irrigation water, including, but not Without this rate increase, critically limited to, labor, materials, equipment needed maintenance cannot be DATES: This rate is effective for the 1995 and services for irrigation canals, dams, completed, and the project’s ability to irrigation season and will remain in flow control gates, pumps and other deliver water will be diminished. effect until modified. facilities. Dated: February 8, 1995. FOR FURTHER INFORMATION CONTACT: Area The Notice proposing this increase to Director, Billings Area Office, Bureau of the Blackfeet Irrigation Project’s Ada E. Deer, Indian Affairs, 316 North 26th Street, operation and maintenance assessment Assistant Secretary—Indian Affairs. Billings, Montana 59101. Telephone rate was published on November 16, [FR Doc. 95–4056 Filed 2–16–95; 8:45 am] number: (406) 657–6315. 1994, (59 FR 59244). A 30-day comment BILLING CODE 4310±02±P federal register February 17,1995 Friday Year (FY)1995;Notice Applications forNewAwardsFiscal Project forMathematics;NoticeInviting Telecommunications Demonstration Education Department of Part XII 9575 9576 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices DEPARTMENT OF EDUCATION (8) 34 CFR part 85 (Governmentwide (2) The maximum score for all of Debarment and Suspension these criteria is 100 points. [CFDA No. 84.286] (Nonprocurement) and (3) The maximum score for each Telecommunications Demonstration Governmentwide Requirements for criterion is indicated in parentheses. (b) The criteria. (1) Meeting the Project for Mathematics; Notice Drug-Free Workplace (Grants)). purposes of the authorizing statute. (30 Inviting Applications for New Awards (9) 34 CFR part 86 (Drug-Free Schools points) The Secretary reviews each for Fiscal Year 1995 and Campuses). Description of Program: The application to determine how well the Note to Applicants: This notice is a Telecommunications Demonstration project will meet the purpose of Part D complete application package. Together Project for Mathematics is authorized by of Title III of the Elementary and with the statute authorizing the program Part D of Title III of the Elementary and Secondary Education Act of 1965, as and applicable regulations governing Secondary Education Act of 1965, as amended, including consideration the program, including the Education amended (20 U.S.C. 6951–6952). of—— Department General Administrative The Secretary is authorized to award (i) The objectives of the project; and Regulations (EDGAR), the notice a grant to a nonprofit (ii) How the objectives of the project contains all of the information, telecommunications entity, or a further the purposes of Part D of Title application forms, and instructions partnership of such entities, to carry out III of the Elementary and Secondary needed to apply for a grant under this a national telecommunications-based Education Act of 1965, as amended. competition. demonstration project to improve the (2) Extent of need for the project. (20 Purpose of Program: The purpose of teaching of mathematics. The project points) The Secretary reviews each the Telecommunications Demonstration must be designed to assist elementary application to determine the extent to Project for Mathematics is to support a and secondary school teachers in which the project meets specific needs recognized in Part D of Title III of the grant to a nonprofit telecommunications preparing all students for achieving Elementary and Secondary Education entity, or partnership of such entities, to State content standards. The project Act of 1965, as amended, including carry out a national must be conducted at elementary and secondary school sites in at least 15 consideration of— telecommunications-based (i) The needs addressed by the demonstration project to improve the States. Application Requirements: Each project; teaching of mathematics. (ii) How the applicant identified those Eligible Applicants: Nonprofit nonprofit telecommunications entity, or partnership of such entities, that desires needs; telecommunications entity or (iii) How those needs will be met by a grant must submit an application partnership of such entities. the project; and Deadline for Transmittal of that—— (iv) The benefits to be gained by (1) Demonstrates that the applicant Applications: April 12, 1995 meeting those needs. Deadline for Intergovernmental Review: will use the existing publicly funded (3) Plan of operation. (15 points) The June 12, 1995 telecommunications infrastructure to Secretary reviews each application to Estimated Available Funds: $2,250,000 deliver video, voice and data in an determine the quality of the plan of Estimated Range of Awards: $2,250,000 integrated service to train teachers in operation for the project, including— Estimated Average Size of Awards: the use of new standards-based (i) The quality of the design of the $2,250,000 curricula materials and learning project; Estimated Number of Awards: 1 technologies; (ii) The extent to which the plan of (2) Assures that the project for which management is effective and ensures Note: The Department is not bound by any assistance is sought will be conducted estimates in this notice. proper and efficient administration of in cooperation with appropriate State the project; Project Period: Up to 60 months educational agencies, local educational (iii) How well the objectives of the Budget Period: 12 months agencies, State or local nonprofit public project relate to the purpose of the telecommunications entities, and a Applicable Regulations program; national mathematics education (iv) The quality of the applicant’s plan The Education Department General professional association that has to use its resources and personnel to Administrative Regulations (EDGAR) as developed content standards; and achieve each objective; follows: (3) Assures that at least 25 percent of (v) How the applicant will ensure that (1) 34 CFR part 74 (Administration of the benefits available for elementary and project participants who are otherwise Grants to Institutions of Higher secondary schools from the project for eligible to participate are selected Education, Hospitals, and Nonprofit which assistance is sought will be without regard to race, color, national Organizations). available to schools of local educational origin, gender, age, or handicapping (2) 34 CFR part 75 (Direct Grant agencies which have a high percentage condition; and Programs). of children counted for the purpose of (vi) For grants under a program that (3) 34 CFR part 77 (Definitions that part A of title I of the Elementary and requires the applicant to provide an Apply to Department Regulations). Secondary Education Act of 1965, as opportunity for participation of students (4) 34 CFR part 79 (Intergovernmental amended. enrolled in private schools, the quality Review of Department of Education Selection Criteria of the applicant’s plan to provide that Programs and Activities). opportunity. (5) 34 CFR part 80 (Uniform (a)(1) The Secretary uses the following (4) Quality of key personnel. (10 Administrative Requirements for Grants selection criteria to evaluate points) and Cooperative Agreements to State applications for new grants under this (i) The Secretary reviews each and Local Governments). competition. These are the criteria for application to determine the quality of (6) 34 CFR part 81 (General Education evaluating discretionary grants key personnel the applicant plans to use Provision Act—Enforcement). contained in the Education Department on the project, including— (7) 34 CFR part 82 (New Restrictions General Administrative Regulations (A) The qualifications of the project on Lobbying). (EDGAR). director (if one is to be used); Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9577 (B) The qualifications of each of the contact, upon receipt of this notice, the (1) A legibly dated U.S. Postal Service other key personnel to be used in the Single Point of Contact for each of those postmark. project; States and follow the procedures (2) A legible mail receipt with the (C) The time that each person referred established in those States under the date of mailing stamped by the U.S. to in paragraph (b)(4)(i)(A) and (B) will Executive order. If you want to know Postal Service. commit to the project; and the name and address of any State (3) A dated shipping label, invoice, or (D) How the applicant, as part of its Single Point of Contact, see the list receipt from a commercial carrier. non-discriminatory employment published in the Federal Register on (4) Any other proof of mailing practices, will ensure that its personnel June 10, 1994 (59 FR 30214–30216). acceptable to the Secretary. are selected for employment without In States that have not established a (c) If an application is mailed through regard to race, color, national origin, process or chosen a program for review, the U.S. Postal Service, the Secretary gender, age, or handicapping condition. State, areawide, regional, and local does not accept either of the following (ii) To determine personnel entities may submit comments directly as proof of mailing: qualifications under paragraphs to the Department. (1) A private metered postmark. (b)(4)(i)(A) and (B), the Secretary Any State Process Recommendation (2) A mail receipt that is not dated by considers— and other comments submitted by a the U.S. Postal Service. (A) Experience and training in fields State Single Point of Contact and any Although the Department of related to the objectives of the project; comments from State, area wide, Education requires applicants to submit and regional, and local entities must be an original and two copies of an (B) Any other qualifications that mailed or hand-delivered by the date application, it has been our experience pertain to the quality of the project. indicated in this notice to the following that the entire review process can be (5) Budget and cost effectiveness. (5 address: The Secretary, E.O. 12372— completed faster if applicants points) The Secretary reviews each CFDA# 84.286, U.S. Department of voluntarily submit an original and five application to determine the extent to Education, FB–10, Room 6213, 600 copies of the application package. The which— Independence Ave., SW., Washington, additional copies would be used during (i) The budget is adequate to support DC 20202–0125. the review process. the project; and Proof of mailing will be determined (ii) Costs are reasonable in relation to Notes: (1) The U.S. Postal Service does not on the same basis as applications (see 34 the objectives of the project. uniformly provide a dated postmark. Before CFR 75.102). Recommendations or relying on this method, an applicant should (6) Evaluation plan. (15 points) The comments may be hand-delivered until check with its local post office. Secretary reviews each application to 4:30 p.m. (Washington, DC time) on the (2) The Application Control Center will determine the quality of the evaluation date indicated in this notice. mail a Grant Applicant Receipt plan for the project, including the extent Please note that the above address is Acknowledgement to each applicant. If an to which the applicant’s methods of applicant fails to receive the notification of not the same address as the one to evaluation— application receipt within 15 days from the (i) Are appropriate to the project; and which the applicant submits its closing date of the application, the applicant (ii) To the extent possible, are completed application. Do not send should call the U.S. Department of Education objective and produce data that are applications to the above address. Application Control Center at (202) 708– 9495. quantifiable. Instructions for Transmittal of (Cross-reference: See 34 CFR 75.590 (3) The applicant must indicate on the Applications envelope and—if not provided by the Evaluation by the grantee.) (a) If an applicant wants to apply for Department—in Item 10 of the Application (7) Adequacy of resources. (5 points) for Federal Assistance (Standard Form 424) The Secretary reviews each application a grant, the applicant shall— (1) Mail the original and two copies the CFDA number—and suffix letter, if any— to determine the adequacy of the of the competition under which the resources that the applicant plans to of the application on or before the application is being submitted. devote to the project, including deadline date to: U.S. Department of Application Instructions and Forms facilities, equipment, and supplies. Education, Application Control Center, 600 Independence Avenue, SW., The appendix to this application is # Intergovernmental Review of Federal Attention: (CFDA 84.286), Washington, divided into three parts plus a statement Programs DC 20202–4725. regarding estimated public reporting This program is subject to the (2) Hand deliver the original and two burden and various assurances and requirements of Executive Order 12372 copies of the application by 4:30 p.m. certifications. These parts and (Intergovernmental Review of Federal (Washington, DC time) on the deadline additional materials are organized in the Programs) and the regulations in 34 CFR date to: U.S. Department of Education, same manner that the submitted part 79. Application Control Center, Room application should be organized. The The objective of the Executive order is #3633, Attention: (CFDA# 84.286), parts and additional materials are as to foster an intergovernmental General Services Administration, follows: partnership and to strengthen National Capital Region, 7th and D Part I: Application for Federal federalism by relying on State and local Streets, SW., Washington, DC 20202– Assistance (Standard Form 424) and processes for State and local 4725. instructions. government coordination and review of Note: Upon receipt of your application, the Part II: Budget Information—Non- proposed Federal financial assistance. Department’s Application Control Center will Construction Programs (Standard Form Applicants must contact the assign your organization an identification 524A) and instructions. appropriate State Single Point of number which will be returned to you via Contact to find out about, and to comply receipt. Please refer to this number in any Special Budget Instructions with, the State’s process under future correspondence concerning your The Department is participating in the Executive Order 12372. Applicants application. Administration’s Reinventing proposing to perform activities in more (b) An applicant must show one of the Government Initiative. As part of that than one State should immediately following as proof of mailing: initiative, the National Performance 9578 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Review urged the Department to Part III. Application Narrative For Further Information Contact: ‘‘eliminate the continuation application Additional Materials: Public Adria White, U.S. Department of process for budget years within the Reporting Burden. Education, 555 New Jersey Avenue, project period’’ and replace it with Assurance—Non Construction NW., Room 502, Washington, D.C. ‘‘yearly program progress reports Programs (Standard Form 424B). 20208–5644. Individuals who use a focusing on program outcomes and Certifications regarding Lobbying; telecommunications device for the deaf problems related to program Debarment, Suspension, and Other (TDD) may call the Federal Information implementation and service delivery.’’ Responsibility Matters; and Drug-Free Relay Service at 1–800–877–8339 The Department is implementing this Workplace Requirements (ED 80–0013). between 8 a.m. and 8 p.m., Eastern time, recommendation for as many programs Certification regarding Debarment, Monday through Friday. as possible beginning in fiscal year Suspension, Ineligibility and Voluntary Information about the Department’s 1995. This will require all applicants for Exclusion: Lower Tier Covered funding opportunities, including copies multi-year awards to provide detailed Transaction (ED 80–0014, 9/90) and of application notices for discretionary budget information for the total grant instruction. period requested. The Department will grant competitions, can be viewed on negotiate at the time of the initial award Note: ED 80–0014 is intended for the use the Department’s electronic bulletin the funding levels for each year of the of grantees and should not be transmitted to board (ED Board), telephone (202) 260– the Department. grant award. A new generic budget 9950; or on the Internet Gopher Server form, included in this package, requests Disclosure of Lobbying Activities at GOPHER.ED.GOV (under the information needed to implement (Standard Form LLL) (if applicable) and Announcements, Bulletins and Press this initiative. instructions; and Disclosure of Lobbying Releases). However, the official By requesting detailed budget Activities Continuation Sheet (Standard application notice for a discretionary information in the initial application for Form LLL–A). grant competition is the notice the total project period, the need for An applicant may submit information published in the Federal Register. formal noncompeting continuation on a photostatic copy of the application applications in the remaining years will and budget forms, the assurances, and Program Authority: 20 U.S.C. 6951–6952. be eliminated. An annual report will be the certifications. However, the Dated: February 14, 1995. used in place of continuation application form, the assurances, and Sharon P. Robinson, application to determine progress, the certifications must each have an Assistant Secretary for Educational Research thereby relieving grantees of the burden original signature. No grant may be and Improvement. to resubmit assurances, certifications, awarded unless a completed application etc. form has been received. BILLING CODE 4000±01±P Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9579 BILLING CODE 4000±01±C 9580 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Instructions for the SF 424 8. Check appropriate box and enter each contributor. Value of in-kind This is a standard form used by applicants appropriate letter(s) in the space(s) provided: contributions should be included on as a required facesheet for preapplications —‘‘New’’ means a new assistance award. appropriate lines as applicable. If the action and applications submitted for Federal —‘‘Continuation’’ means an extension for an will result in a dollar change to an existing assistance. It will be used by Federal agencies additional funding/budget period for a award, indicate only the amount of the to obtain applicant certification that States project with a projected completion date. change. For decreases, enclose the amounts which have established a review and —‘‘Revision’’ means any change in the in parentheses. If both basic and comment procedure in response to Executive Federal Government’s financial obligation supplemental amounts are included, show Order 12372 and have selected the program or contingent liability from an existing breakdown on an attached sheet. For to be included in their process, have been obligation. multiple program funding, use totals and give an opportunity to review the applicant’s 9. Name of Federal agency from which submission. show breakdown using same categories as assistance is being requested with this item 15. application. Item and Entry 16. Applicants should contact the State 10. Use the Catalog of Federal Domestic 1. Self-explanatory. Single Point of Contact (SPOC) for Federal Assistance number and title of the program 2. Date application submitted to Federal Executive Order 12372 to determine whether agency (or State if applicable) & applicant’s under which assistance is requested. 11. Enter a brief descriptive title of the the application is subject to the State control number (if applicable). intergovernmental review process. 3. State use only (if applicable). project. If more than one program is 17. This question applies to the applicant 4. If this application is to continue or involved, you should append an explanation revise an existing award, enter present on a separate sheet. If appropriate (e.g., organization, not the person who signs as the Federal identifier number. If for a new construction or real property projects), attach authorized representative. Categories of debt project, leave blank. a map showing project location. For include delinquent audit disallowances, 5. Legal name of applicant, name of preapplications, use a separate sheet to loans and taxes. primary organizational unit which will provide a summary description of this 18, To be signed by the authorized undertake the assistance activity, complete project. representative of the applicant. A copy of the address of the applicant, and name and 12. List only the largest political entities governing body’s authorization for you to telephone number of the person to contact on affected (e.g., State, counties, cities). sign this application as official representative matters related to this application. 13. Self-explanatory. must be on file in the applicant’s office. 6. Enter Employer Identification Number 14. List the applicant’s Congressional (Certain Federal agencies may require that District and any District(s) affected by the (EIN) as assigned by the Internal Revenue this authorization be submitted as part of the Service. program or project. application.) 7. Enter the appropriate letter in the space 15. Amount requested or to be contributed provided. during the first funding/budget period by BILLING CODE 4000±01±M Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9581 9582 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices BILLING CODE 4000±01±C Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9583 Public reporting burden for this collection non-Federal contributions are provided As the duly authorized representative of of information is estimated to vary from 13 for only year, leave this space blank. the applicant I certify that the applicant: to 22 hours per response, with an average of 1. Has the legal authority to apply for Section C—Other Budget Information—Pay 17.5 hours, including the time for reviewing Federal assistance, and the institutional, Attention to Applicable Program Specific instructions, searching existing data sources, managerial and financial capability Instructions, if Attached gathering and maintaining the data needed, (including funds sufficient to pay the non- and completing the reviewing the collection 1. Provide an itemized budget breakdown, Federal share of project costs) to ensure of information. Send comments regarding by project year, for each budget category proper planning, management and this burden estimate or any other aspect of listed in Sections A and B. completion of the project described in this this collection of information, including 2. If applicable to the program, enter the application. suggestions for reducing this burden, to the type of indirect rate (provisional, 2. Will give the awarding agency, the U.S. Department of Education, Information predetermined, final or fixed) that will be in Comptroller General of the United States, and Management and Compliance Division, effect during the funding period. In addition, if appropriate, the State, through any enter the estimated amount of the base to Washington, DC 20202–4651; and the Office authorized representative, access to and the which the rate is applied, and the total of Management and Budget, Paperwork right to examine all records, books, papers, indirect expense. Reduction Project 1875–0102, Washington, or documents related to the award; and will 3. If applicable to this program, provide the DC 20503. establish a proper accounting system in rate and base on which fringe benefits are accordance with generally accepted Instructions for ED Form No. 524 calculated. accounting standards or agency directives. 4. Provide other explanations or comments General Instructions 3. Will establish safeguards to prohibit you deem necessary. employees from using their positions for a This form is used to apply to individual purpose that constitutes or presents the U.S. Department of Education discretionary Instructions for Part III—Application Narrative appearance of personal or organizational grant programs. Unless directed otherwise, conflict of interest, or personal gain. provide the same budget information for each Before preparing the Application Narrative 4. Will initiate and complete the work year of the multi-year funding request. Pay an applicant should read carefully the within the applicable time frame after receipt attention to applicable program specific description of the program and the selection of approval of the awarding agency. instructions, if attached. criteria the Secretary uses to evaluate 5. Will comply with the Intergovernmental applications. The narrative should Personnel Act of 1970 (42 U.S.C. §§ 4728– Section A—Budget Summary—U.S. encompass each function or activity for Department of Education Funds 4763) relating to prescribed standards for which funds are being requested and should merit systems for programs funded under one All applicants must complete Section A include the following: of the nineteen statutes or regulations and provide a breakdown by the applicable Abstract: Attach a one-page, double-spaced specified in Appendix A of OPM’s Standards budget categories shown in lines 1–11. abstract following the Federal Assistance for a Merit System of Personnel Lines 1–11, columns (a)–(e): Face Sheet, Standard Form 424. This is a key Administration (5 C.F.R. 900, Subpart F). element in all proposed narratives and For each project year for which funding is 6. Will comply with all Federal statutes should include statements about: (i) The requested, shown the total amount relating to nondiscrimination. These include need for the project; (ii) the proposed plan of requested for each applicable budget but are not limited to: (a) Title VI of the Civil operation; and (iii) the project’s significance/ category. Rights Act of 1964 (P.L. 88–352) which intended outcomes. Lines 1–11, column (f): prohibits discrimination on the basis of race, Narrative: Describe the proposed project in Show the multi-year total for each budget color or national origin; (b) Title IX of the light of each of the selection criteria in the category. If funding is requested for only Education Amendments of 1972, as amended order in which the criteria are listed in this one project year, leave this column (20 U.S.C. §§ 1681–1683, and 1685–1686), application package. Provide a description of blank. which prohibits discrimination on the basis Line 12, columns (a)–(e): the applicant entity or partnership, describe the school sites where the demonstration will of sex; (c) Section 504 of the Rehabilitation Show the total budget request for each take place, and address each of the Act of 1973, as amended (29 U.S.C. § 794), project year for which funding is application requirements contained in this which prohibits discrimination on the basis requested. notice. Include any other pertinent of handicaps; (d) the Age Discrimination Act Line 12, column (f): information that might be useful in reviewing of 1975, as amended (42 U.S.C. §§ 6101– Show the total amount requested for all the application. 6107), which prohibits discrimination on the project years. If funding is requested for The Secretary strongly requests the basis of age; (e) the Drug Abuse Office and only year, leave this space blank. applicant to limit the Application Narrative Treatment Act of 1972 (P.L. 92–255), as Section B—Budget Summary—Non-Federal to no more than 25 double-spaced, standard amended, relating to nondiscrimination on Funds typed pages (on one side only), including the basis of drug abuse; (f) the appendices, although the Secretary will Comprehensive Alcohol Abuse and If you are required to provide or volunteer consider applications of greater length. Alcoholism Prevention, Treatment and to provide matching funds or other non- Public Reporting Burden: Collection of Rehabilitation Act of 1970 (P.L. 91–616), as Federal resources to the project, these should information necessary to obtain an award amended, relating to nondiscrimination on be shown for each applicable budget category under the Telecommunications the basis of alcohol abuse or alcoholism; (g) on lines 1–11 of Section B. Demonstration Project for Mathematics §§ 523 and 527 of the Public Health Service Lines 1–11, columns (a)–(e): affects nine or fewer applicants. Thus, under Act of 1912 (42 U.S.C. 290 dd–3 and 290 ee– For each project year for which matching 5 CFR 1320.4(a), the Assistant Secretary 3), as amended, relating to confidentiality of funds or other contributions are informs potential respondents that the alcohol and drug abuse patient records; (h) provided, show the total contribution for collection of information in this application Title VIII of the Civil Rights Act of 1968 (42 each applicable budget category. is not subject to review by the Office of U.S.C. § 3601 et seq.), as amended, relating to Lines 1–11, column (f): Management and Budget under the nondiscrimination in the sale, rental or Show the multi-year total for each budget Paperwork Reduction Act of 1990. financing of housing; (i) any other category. If non-Federal contributions are nondiscrimination provisions in the specific provided for only one year, leave the Assurances—Non-Construction Programs statute(s) under which application for column blank. Note: Certain of these assurances may not Federal assistance is being made; and (j) the Line 12, columns (a)–(e): be applicable to your project or program. If requirements of any other nondiscrimination Show the total matching or other you have questions, please contact the statute(s) which may apply to the contribution for each project year. awarding agency. Further, certain Federal application. Line 12, column (f): awarding agencies may require applicants to 7. Will comply, or has already complied, Show the total amount to be contributed certify to additional assurances. If such is the with the requirements of Titles II and III of for all years of the multi-year project. If case, you will be notified. the Uniform Relocation Assistance and Real 9584 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Property Acquisition Policies Act of 1970 amended, 7 U.S.C. 2131 et seq.) pertaining to or an employee of a Member of Congress in (P.L. 91–646) which provide for fair and the care, handling, and treatment of warm connection with this Federal grant or equitable treatment of persons displaced or blooded animals held for research, teaching, cooperative agreement, the undersigned shall whose property is acquired as a result of or other activities supported by this award of complete and submit Standard Form—LLL, Federal or federally assisted programs. These assistance. ‘‘Disclosure Form to Report Lobbying,’’ in requirements apply to all interests in real 16. Will comply with the Lead-Based Paint accordance with its instructions; property acquired for project purposes Poisoning Prevention Act (42 U.S.C. §§ 4801 (c) The undersigned shall require that the regardless of Federal participation in et seq.) which prohibits the use of lead based language of this certification be included in purchases. paint in construction or rehabilitation of the award documents for all subawards at all 8. Will comply with the provisions of the residence structures. tiers (including subgrants, contracts under Hatch Act (5 U.S.C. §§ 1501–1508 and 7324– 17. Will cause to be performed the required grants and cooperative agreements, and 7328) which limit the political activities of financial and compliance audits in subcontracts) and that all subrecipients shall employees whose principal employment accordance with the Single Audit Act of certify and disclose accordingly. activities are funded in whole or in part with 1984. Federal funds. 18. Will comply with all applicable 2. Debarment, Suspension, and Other 9. Will comply, as applicable, with the requirements of all other Federal laws, Responsibility Matters provisions of the Davis-Bacon Act (40 U.S.C. executive orders, regulations and policies As required by Executive Order 12549, §§ 276a to 276a–7), the Copeland Act (40 governing this program. Debarment and Suspension, and U.S.C. § 276c and 18 U.S.C. §§ 874), and the lllllllllllllllllllll implemented at 34 CFR Part 85, for Contract Work Hours and Safety Standards Signature of authorized certifying official prospective participants in primary covered Act (40 U.S.C. §§ 327–333), regarding labor lllllllllllllllllllll transactions, as defined at 34 CFR Part 85, standards for federally assisted construction Title Sections 85.105 and 85.110— subagreements. A. The applicant certifies that it and its 10. Will comply, if applicable, with flood lllllllllllllllllllll Applicant organization principals: insurance purchase requirements of Section (a) Are not presently debarred, suspended, 102(a) of the Flood Disaster Protection Act of lllllllllllllllllllll proposed for debarment, declared ineligible, 1973 (P.L. 93–234) which requires recipients Date submitted or voluntarily excluded from covered in a special flood hazard area to participate transactions by any Federal department or in the program and to purchase flood Certifications Regarding Lobbying; agency; insurance if the total cost of insurable Debarment, Suspension and Other construction and acquisition is $10,000 or Responsibility Matters; and Drug-Free (b) Have not within a three-year period more. Workplace Requirements preceding this application been convicted of or had a civil judgment rendered against 11. Will comply with environmental Applicants should refer to the regulations them for commission of fraud or a criminal standards which may be prescribed pursuant cited below to determine the certification to offense in connection with obtaining, to the following: (a) institution of which they are required to attest. Applicants environmental quality control measures should also review the instructions for attempting to obtain, or performing a public under the National Environmental Policy Act certification included in the regulations (Federal, State, or local) transaction or of 1969 (P.L. 91–190) and Executive Order before completing this form. Signature of this contract under a public transaction; violation (EO) 11514; (b) notification of violating form provides for compliance with of Federal or State antitrust statutes or facilities pursuant to EO 11738; (c) protection certification requirements under 34 CFR Part commission of embezzlement, theft, forgery, of wetlands pursuant to EO 11990; (d) 82, ‘‘New Restrictions on Lobbying,’’ and 34 bribery, falsification or destruction of evaluation of flood hazards in floodplains in CFR Part 85, ‘‘Government-wide Debarment records, making false statements, or receiving accordance with EO 11988: (e) assurance of and Suspension (Nonprocurement) and stolen property; project consistency with the approved State Government-wide Requirements for Drug- (c) Are not presently indicted for or management program developed under the Free Workplace (Grants).’’ The certifications otherwise criminally or civilly charged by a Coastal Zone Management Act of 1972 (16 shall be treated as a material representation governmental entity (Federal, State, or local) U.S.C. §§ 1451 et seq.); (f) conformity of of fact upon which reliance will be placed with commission of any of the offenses Federal actions to State (Clear Air) when the Department of Education enumerated in paragraph (1)(b) of this Implementation Plans under Section 176(c) determines to award the covered transaction, certification; and of the Clear Air Act of 1955, as amended (42 grant, or cooperative agreement. (d) Have not within a three-year period U.S.C. § 7401 et seq.) (g) protection of preceding this application had one or more underground sources of drinking water under 1. Lobbying public transactions (Federal, State, or local) the Safe Drinking Water Act of 1974, as As required by Section 1352, Title 31 of the terminated for cause or default; and amended, (P.L. 93–523); and (h) protection of U.S. Code, and implemented at 34 CFR Part B. Where the applicant is unable to certify endangered species under the Endangered 82, for persons entering into a grant or to any of the statements in this certification, Species Act of 1973, as amended, (P.L. 93– cooperative agreement over $100,000, as he or she shall attach an explanation to this 205). defined at 34 CFR Part 82, Sections 82.105 application. 12. Will comply with the Wild and Scenic and 82.110, the applicant certifies that: 3. Drug-Free Workplace (Grantees Other Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) (a) No Federal appropriated funds have Than Individuals) related to protecting components or potential been paid or will be paid, by or on behalf of components of the national wild and scenic the undersigned, to any person for As required by the Drug-Free Workplace rivers system. influencing or attempting to influence an Act of 1988, and implemented at 34 CFR Part 13. Will assist the awarding agency in officer or employee of any agency, a Member 85, Subpart F, for grantees, as defined at 34 assuring compliance with Section 106 of the of Congress, an officer or employee of CFR Part 85, Sections 85.605 and 85.610— National Historic Preservation Act of 1966, as Congress, or an employee of a Member of A. The applicant certifies that it will or amended (16 U.S.C. 470), EO 11593 Congress in connection with the making of will continue to provide a drug-free (identification and protection of historic any Federal grant, the entering into of any workplace by: properties), and the Archaeological and cooperative agreement, and the extension, (a) Publishing a statement notifying Historic Preservation Act of 1974 (16 U.S.C. continuation, renewal, amendment, or employees that the unlawful manufacture, 469a–1 et seq.). modification of any Federal grant or distribution, dispensing, possession, or use of 14. Will comply with P.L. 93–348 cooperative agreement; a controlled substance is prohibited in the regarding the protection of human subjects (b) If any funds other than Federal grantee’s workplace and specifying the involved in research, development, and appropriated funds have been paid or will be actions that will be taken against employees related activities supported by this award of paid to any person for influencing or for violation of such prohibition; assistance. attempting to influence an officer or (b) Establishing an on-going drug-free 15. Will comply with the Laboratory employee of any agency, a Member of awareness program to inform employees Animal Welfare Act of 1966 (P.L. 89–544, as Congress, an officer or employee of Congress, about— Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9585 (1) The dangers of drug abuse in the A. As a condition of the grant, I certify that clause, have the meanings set out in the workplace; I will not engage in the unlawful Definitions and Coverage this section of rules (2) The grantee’s policy of maintaining a manufacture, distribution, dispensing, implementing Executive Order 12549. You drug-free workplace; possession, or use of a controlled substance may contact the person to which this (3) Any available drug counseling, in conducting any activity with the grant; proposal is submitted for assistance in rehabilitation, and employee assistance and obtaining a copy of those regulations. programs; and B. If convicted of a criminal drug offense 5. The prospective lower tier participant (4) The penalties that may be imposed resulting from a violation occurring during agrees by submitting this proposal that, upon employees for drug abuse violations the conduct of any grant activity, I will report should the proposed covered transaction be occurring in the workplace; the conviction, in writing, within 10 calendar entered into, it shall not knowingly enter into (c) Making it a requirement that each days of the conviction, to: Director, Grants any lower tier covered transaction with a employee to be engaged in the performance and Contracts Service, U.S. Department of person who is debarred, suspended, declared of the grant be given a copy of the statement Education, 400 Maryland Avenue, S.W. ineligible, or voluntarily excluded from required by paragraph (a); (Room 3124, GSA Regional Office Building participation in this covered transaction, (d) Notifying the employee in the statement No. 3), Washington, DC 20202–4571. Notice unless authorized by the department or required by paragraph (a) that, as a condition shall include the identification number(s) of agency with which this transaction of employment under the grant, the employee each affected grant. originated. will— As the duly authorized representative of 6. The prospective lower tier participant (1) Abide by the terms of the statement; the applicant, I hereby certify that the further agrees by submitting this proposal and applicant will comply with the above that it will include the clause titled (2) Notify the employer in writing of his or certifications. ‘‘Certification Regarding Debarment, her conviction for a violation of a criminal lllllllllllllllllllll Suspension, Ineligibility, and Voluntary drug statute occurring in the workplace no Name of applicant Exclusion—Lower Tier Covered later than five calendar days after such lllllllllllllllllllll Transactions,’’ without modification, in all conviction; lower tier covered transactions and in all PR/award number and/or project name solicitations for lower tier covered (e) Notifying the agency, in writing, within lllllllllllllllllllll 10 calendar days after receiving notice under transactions. Printed name and title of authorized subparagraph (d)(2) from an employee or 7. A participant in a covered transaction representative otherwise receiving actual notice of such may rely upon a certification of a prospective lllllllllllllllllllll conviction. Employers of convicted participant in a lower tier covered employees must provide notice, including Signature transaction that it is not debarred, position title, to: Director, Grants and lllllllllllllllllllll suspended, ineligible, or voluntarily Contracts Service, U.S. Department of Date excluded from the covered transaction, Education, 400 Maryland Avenue, S.W. unless it knows that the certification is Certification Regarding Debarment, (Room 3124, GSA Regional Office Building erroneous. A participant may decide the Suspension, Ineligibility and Voluntary No. 3), Washington, DC 20202–4571. Notice method and frequency by which it Exclusion—Lower Tier Covered shall include the identification number(s) of determines the eligibility of its principals. Transactions each affected grant; Each participant may, but is not required to, (f) Taking one of the following actions, This certification is required by the check the Nonprocurement List. within 30 calendar days of receiving notice Department of Education regulations 8. Nothing contained in the foregoing shall under subparagraph (d)(2), with respect to implementing Executive Order 12549, be construed to require establishment of a any employee who is so convicted— Debarment and Suspension, 34 CFR part 85, system of records in order to render in good (1) Taking appropriate personnel action for all lower tier transactions meeting the faith the certification required by this clause. against such an employee, up to and threshold and tier requirements stated at The knowledge and information of a including termination, consistent with the section 85.110. participant is not required to exceed that which is normally possessed by a prudent requirements of the Rehabilitation Act of Instructions for Certification 1973, as amended; or person in the ordinary course of business (2) Requiring such employee to participate 1. By signing and submitting this proposal, dealings. satisfactorily in a drug abuse assistance or the prospective lower tier participant is 9. Except for transactions authorized under rehabilitation program approved for such providing the certification set out below. paragraph 5 of these instructions, if a purposes by a Federal, State, or local health, 2. The certification in this clause is a participant in a covered transaction law enforcement, or other appropriate material representation of fact upon which knowingly enters into a lower tier covered agency; reliable was placed when this transaction transaction with a person who is suspended, (g) Making a good faith effort to continue was entered into. If it is later determined that debarred, ineligible, or voluntarily excluded to maintain a drug-free workplace through the prospective lower tier participant from participation in this transaction, in implementation of paragraphs (a), (b), (c), (d), knowingly rendered an erroneous addition to other remedies available to the (e), and (f). certification, in addition to other remedies Federal Government, the department or B. The grantee may insert in the space available to the Federal Government, the agency with which this transaction provided below the site(s) for the department or agency with which this originated may pursue available remedies, performance of work done in connection transaction originated may pursue available including suspension and/or debarment. with the specific grant: remedies, including suspension and/or Certification Place of Performance (Street address, city, debarment. (1) The prospective lower tier participant county, state, zip code) 3. The prospective lower tier participant lllllllllllllllllllll shall provide immediate written notice to the certifies, by submission of this proposal, that neither it nor its principals are presently lllllllllllllllllllll person to which this proposal is submitted if at any time the prospective lower tier debarred, suspended, proposed for lllllllllllllllllllll participant learns that its certification was debarment, declared ineligible, or voluntarily Check b if there are workplaces on file that erroneous when submitted or has become excluded from participation in this are not identified here. erroneous by reason of changed transaction by any Federal department or circumstances. agency. Drug-Free Workplace (Grantees Who Are 4. The terms ‘‘covered transaction,’’ (2) Where the prospective lower tier Individuals) ‘‘debarred,’’ ‘‘suspended,’’ ‘‘ineligible,’’ participant is unable to certify to any of the As required by the Drug-Free Workplace ‘‘lower tier covered transaction,’’ statements in this certification, such Act of 1988, and implemented at 34 CFR Part ‘‘participant,’’ ‘‘person,’’ ‘‘primary covered prospective participant shall attach an 85, Subpart F, for grantees, as defined at 34 transaction,’’ ‘‘principal,’’ ‘‘proposal,’’ and explanation to this proposal. CFR Part 85, Sections 85.605 and 85.610— ‘‘voluntarily excluded,’’ as used in this Name of applicant 9586 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices lllllllllllllllllllll PR/Award number and/or project name lllllllllllllllllllll Printed name and title of authorized representative lllllllllllllllllllll Signature lllllllllllllllllllll Date BILLING CODE 4000±01±M Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9587 BILLING CODE 4000±01±C 9588 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices Instructions for Completion of SF–LLL, Subawards include but are not limited to reporting entity (item 4) to the lobbying Disclosure of Lobbying Activities subcontracts, subgrants and contract awards entity (item 10). Indicate whether the This disclosure form shall be completed by under grants. payment has been made (actual) or will be the reporting entity, whether subawardee or 5. If the organization filing the report in made (planned). Check all boxes that apply. prime Federal recipient, at the initiation or item 4 checks ‘‘Subawardee’’, then enter the If this is a material change report, enter the receipt of a covered Federal action, or a full name, address, city, state and zip code cumulative amount of payment made or material change to a previous filing, pursuant of the prime Federal recipient. Include planned to be made. to title 31 U.S.C. section 1352. The filing of Congressional District, if known. 12. Check the appropriate box(es). Check a form is required for each payment or 6. Enter the name of the Federal agency all boxes that apply. If payment is made agreement to make payment to any lobbying making the award or loan commitment. through an in-kind contribution, specify the Include at least one organizational level entity for influencing or attempting to nature and value of the in-kind payment. below agency name, if known. For example, influence an officer or employee of any 13. Check the appropriate box(es). Check Department of Transportation, United States agency, a Member of Congress, an officer or all boxes that apply. If other, specify nature. employee of Congress, or an employee of a Coast Guard. 7. Enter the Federal program name or 14. Provide a specific and detailed Member of Congress in connection with a description of the services that the lobbyist covered Federal action. Use the SF–LLL–A description for the covered Federal action has performed, or will be expected to Continuation Sheet for additional (item 1). If known, enter the full Catalog of information if the space on the form is Federal Domestic Assistance (CFDA) number perform, and the date(s) of any services inadequate. Complete all items that apply for for grants, cooperative agreements, loans, and rendered. Include all preparatory and related both the initial filing and material change loan commitments. activity, not just time spent in actual contact report. Refer to the implementing guidance 8. Enter the most appropriate Federal with Federal officials. Identify the Federal published by the Office of Management and identifying number available for the Federal official(s) or employee(s) contacted or the Budget for additional information. action identified in item 1 (e.g., Request for officer(s), employee(s), or Member(s) of 1. Identify the type of covered Federal Proposal (RFP) number; Invitation for Bid Congress that were contacted. action for which lobbying activity is and/or (IFB) number; grant announcement number; 15. Check whether or not a SF–LLL–A has been secured to influence the outcome of the contract, grant, or loan award number; Continuation Sheet(s) is attached. a covered Federal action. the application/proposal control number 16. The certifying official shall sign and 2. Identify the status of the covered Federal assigned by the Federal agency). Include date the form, print his/her name, title, and action. prefixes, e.g., ‘‘RFP–DE–90–001.’’ telephone number. 3. Identify the appropriate classification of 9. For a covered Federal action where there Public reporting burden for this collection this report. If this is a followup report caused has been an award or loan commitment by of information is estimated to average 30 by a material change to the information the Federal agency, enter the Federal amount minutes per response, including time for previously reported, enter the year and of the award/loan commitment for the prime reviewing instructions, searching existing quarter in which the change occurred. Enter entity identified in item 4 or 5. data sources, gathering and maintaining the the date of the last previously submitted 10. (a) Enter the full name, address, city, data needed, and completing and reviewing report by this reporting entity for this state and zip code of the lobbying entity the collection of information. Send covered Federal action. engaged by the reporting entity identified in comments regarding the burden estimate or 4. Enter the full name, address, city, state item 4 to influence the covered Federal any other aspect of this collection of action. and zip code of the reporting entity. Include information, including suggestions for (b) Enter the full names of the individual(s) Congressional District, if known. Check the reducing this burden, to the Office of appropriate classification of the reporting performing services, and include full address Management and Budget, Paperwork, entity that designates if it is, or expects to be, if different from 10 (a). Enter Last Name, First Reduction Project (0348–0046), Washington, a prime or subaward recipient. Identify the Name, and Middle Initial (MI). DC 20503. tier of the subawardee, e.g., the first 11. Enter the amount of compensation paid subawardee of the prime is the 1st tier. or reasonably expected to be paid by the BILLING CODE 4000±01±P Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices 9589 [FR Doc. 95–4061 Filed 2–16–95; 8:45 am] BILLING CODE 4000±01±C federal register February 17,1995 Friday Prevention Week Proclamation 6770ÐNationalPoison The President Part XIII 9591 9593 Federal Register Presidential Documents Vol. 60, No. 33 Friday, February 17, 1995 Title 3— Proclamation 6770 of February 15, 1995 The President National Poison Prevention Week, 1995 By the President of the United States of America A Proclamation Children are the future of our country, and protecting them is America’s most sacred responsibility. All of us—government leaders, citizens, parents— are bound to do whatever we can to keep them safe and healthy. Simple safety measures—such as using child-resistant packaging correctly, locking cupboards, keeping prescriptions and cleaning supplies out of the reach of a child’s hands—all can protect our most precious resource from the dangers of poison and other hazardous substances. The U.S. Consumer Product Safety Commission (CPSC) has made great progress in safeguarding our young people by mandating child-resistant pack- aging for medicine and dangerous chemicals. And the invaluable work of the Nation’s poison control centers has saved countless lives, both young and old. These public health efforts have reduced childhood poisoning deaths from 450 in 1961 to 62 in 1991. However, according to the American Association of Poison Control Centers, nearly 1 million children each year are exposed to potentially poisonous medicines and household chemicals. Every year we lose children to poison- ing—and almost all of these poisonings are preventable. This week—and every week—we must rededicate ourselves to informing everyone of the importance of prevention and to educating all caregivers about ways to prevent childhood poisonings. To encourage the American people to learn more about the dangers of accidental poisonings and to take more preventive measures, the Congress, by Public Law 87–319 (75 Stat. 681), has authorized and requested the President to issue a proclamation designating the third week of March of each year as ‘‘National Poison Prevention Week.’’ NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim the week beginning March 19, 1995, as National Poison Prevention Week. I call upon all Americans to observe this week by participating in appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of February, in the year of our Lord nineteen hundred and ninety-five, and of the Independence of the United States of America the two hundred and nineteenth. [FR Doc. 95–4274 œ– Filed 2-16-95; 11:17 am] Billing code 3195–01–P i Reader Aids Federal Register Vol. 60, No. 33 Friday, February 17, 1995 INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING FEBRUARY Federal Register At the end of each month, the Office of the Federal Register Index, finding aids & general information 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which Public inspection announcement line 523±5215 lists parts and sections affected by documents published since the Corrections to published documents 523±5237 revision date of each title. Document drafting information 523±3187 Machine readable documents 523±4534 3 CFR 1011...... 7432 Proclamations: 1046...... 7432 Code of Federal Regulations 6767...... 7427 1050...... 7434 Index, finding aids & general information 523±5227 6768...... 8517 1212...... 7435 Printing schedules 523±3419 6769...... 8519 1435...... 7697 6770...... 9593 1751...... 8171 Laws 1755...... 9079 Executive Orders: Public Laws Update Service (numbers, dates, etc.) 523±6641 12898 (Amended by Proposed Rules: Additional information 523±5230 EO 12948)...... 6381 29...... 6452, 6453 12948...... 6381 51...... 8973 Presidential Documents 12949...... 8169 52...... 8573 1001...... 6606, 7290 Executive orders and proclamations 523±5230 Administrative Orders: 1002...... 6606, 7290 Public Papers of the Presidents 523±5230 Memorandums: Weekly Compilation of Presidential Documents 523±5230 1004...... 6606, 7290 February 7, 1995 ...... 7885 1005...... 6606, 7290 The United States Government Manual Presidential Determinations: 1006...... 6606, 7290 No. 95±14 of Feb. 6, 1007...... 6606, 7290 General information 523±5230 1995 ...... 8521 1011 ...... 6396, 6606, 7290 Other Services 5 CFR 1012...... 6606, 7290 Data base and machine readable specifications 523±4534 1013...... 6606, 7290 Guide to Record Retention Requirements 523±3187 185...... 7891 1030...... 6606, 7290 Legal staff 523±4534 211...... 6595 1032 ...... 6005, 6606, 7290 Privacy Act Compilation 523±3187 214...... 6383 1033...... 6606, 7290 Public Laws Update Service (PLUS) 523±6641 317...... 6383 1036...... 6606, 7290 319...... 6383 TDD for the hearing impaired 523±5229 1040...... 6606, 7290 353...... 6595 1044...... 6606, 7290 359...... 6383 1046...... 6606, 7290 ELECTRONIC BULLETIN BOARD 430...... 6595 1049...... 6606, 7290 Free Electronic Bulletin Board service for Public Law 534...... 6383 1050...... 6606, 7290 numbers, Federal Register finding aids, and list of 2635...... 6390 1064...... 6606, 7290 documents on public inspection. 202±275±0920 Proposed Rules: 1065...... 6606, 7290 532...... 6041 1068...... 6606, 7290 FAX-ON-DEMAND 950...... 8961 1075...... 6606, 7290 You may access our Fax-On-Demand service. You only need a fax 1076...... 6606, 7290 machine and there is no charge for the service except for long 7 CFR 1079...... 6606, 7290 distance telephone charges the user may incur. The list of 0...... 8446 1093...... 6606, 7290 documents on public inspection and the daily Federal Register’s 1...... 8446 1094...... 6606, 7290 table of contents are available using this service. The document 25...... 6945 1096...... 6606, 7290 numbers are 7050-Public Inspection list and 7051-Table of 29...... 7429 1099...... 7290 Contents list. The public inspection list will be updated 47...... 8446 1106...... 6606, 7290 immediately for documents filed on an emergency basis. 50...... 8446 1108...... 6606, 7290 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 51...... 8446 1124...... 6606, 7290 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 52...... 8446 1126 ...... 6606, 7290, 7465 public inspection may be viewed and copied in our office located 53...... 8446 1131 ...... 6606, 7290, 7466 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 54...... 8446 1134...... 6606, 7290 telephone number is: 301±713±6905 70...... 6638 1135...... 6606, 7290 97...... 8446 1137...... 6606, 7290 FEDERAL REGISTER PAGES AND DATES, FEBRUARY 110...... 8118 1138...... 6606, 7290 300...... 6957 1139...... 6606, 7290 319 ...... 5997, 6957, 8921 1230...... 8579 5997±6382...... 1 7885±8168...... 10 322...... 5997 1485...... 6352 6383±6646...... 2 8169±8282...... 13 372...... 6000 1717...... 8981 729...... 7429 6647±6944...... 3 8283±8520...... 14 905...... 8924 8 CFR 6945±7110...... 6 8521±8920...... 15 911...... 8523 103...... 6647 7111±7428...... 7 8921±9280...... 16 915...... 8523, 8926 292...... 6647 920...... 7430 299...... 6647 7429±7696...... 8 9281±9594...... 17 944...... 8924 310...... 6647 7697±7884...... 9 985...... 6392, 8524 312...... 6647 997...... 6394 313...... 6647 1005...... 7432 315...... 6647 1007...... 7432 316...... 6647 ii Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Reader Aids 316a...... 6647 363...... 8583 20 CFR 917...... 8558 319...... 6647 926...... 6006 13 CFR 404...... 8140 322...... 6647 416...... 8140 931...... 8560 324...... 6647 107...... 7392 422...... 7117 Proposed Rules: 325...... 6647 Proposed Rules: Ch. II...... 6977, 7152 327...... 6647 14 CFR 217...... 7728 6...... 8209 328...... 6647 25...... 6616 226...... 7729 18...... 8209 329...... 6647 33...... 7112 232...... 7729 19...... 8209 330...... 6647 39 ...... 6397, 6652, 6654, 8283, 20...... 8209 331...... 6647 8284, 8286, 8288, 8290, 21 CFR 21...... 8209 332...... 6647 22...... 8209 8292, 8294, 8295, 8297, 14...... 9296 332a...... 6647 23...... 8209 8538, 8540, 8542, 8544, 101...... 7711 332b...... 6647 8927, 8929, 8930 26...... 8209 332c ...... 6647 178...... 8545 27...... 8209 71 ...... 6657, 6958, 6959, 6960, 310...... 8916 332d...... 6647 7115, 7116, 7439, 7441, 29...... 8209 333...... 6647 510...... 7121 33...... 8209 7442, 7821, 8164, 8165, 558...... 7121, 8547 334...... 6647 8166, 9281, 9282, 9283, 35...... 8209 334a...... 6647 9285, 9286, 9287 Proposed Rules: 250...... 9312 20...... 8772 335...... 6647 91...... 8166 756...... 7926 101...... 8989 335a...... 6647 97 ...... 6398, 6961, 6962, 6963, 914...... 9313 111...... 8989 335c ...... 6647 9287, 9289 917...... 9314 170...... 8989 336...... 6647 121...... 6616 935...... 9317 201...... 9554 337...... 6647 135...... 6616 310...... 6892, 8989 31 CFR 338...... 6647 302...... 6919 876...... 8595 339...... 6647 Proposed Rules: 500...... 8933 340...... 6647 550...... 8300 Ch. I...... 6045, 9302 22 CFR 343b...... 6647 1...... 7380 575...... 6376 43...... 7443 344...... 6647 25 ...... 6456, 6632, 7479 226...... 7712 32 CFR 499...... 6647 33...... 7380 514...... 8547 40a...... 8936 39 ...... 6045, 6459, 7140, 7143, 9 CFR 113...... 8940 7480, 7482, 7485, 7919, Proposed Rules: 199...... 6013 Ch. II ...... 8446 7920, 7922, 7924, 8205, 140...... 7737 320...... 7908 202...... 8446 8206, 8591, 8593, 8595, 23 CFR 552...... 8305 Proposed Rules: 9302, 9304 553...... 8305 92...... 7137 71 ...... 6461, 6462, 6686, 6975, Proposed Rules: 94...... 6454, 7138 7718 630...... 9306 Proposed Rules: 98...... 7137 121...... 6632, 8490 199...... 7489 308...... 6774 24 CFR 125...... 6632 33 CFR 310...... 6774 135...... 6632 91...... 6967 318...... 6774, 6975 207...... 9297 117 ...... 6658, 7121, 7122, 8941 320...... 6774 15 CFR 213...... 9297 161...... 8942 165 ...... 7909, 7910, 8943 325...... 6774 15a...... 9291 221...... 9297 326...... 6774 925...... 9294 236...... 9297 Proposed Rules: 327...... 6774 390...... 9530 Ch. I...... 7927, 8993 381...... 6774, 6975 16 CFR 395...... 9530 117 ...... 7928, 7930, 8209 137...... 7652 10 CFR 305...... 9295 907...... 6399 1500...... 8188 3500...... 8812 20...... 7900 34 CFR Proposed Rules: Proposed Rules: Proposed Rules: 74...... 6660 Ch. 1 ...... 6463 81...... 9154 50...... 7467 75...... 6660 307...... 8312 52...... 7467 25 CFR 99...... 8563 310...... 8313 100...... 7467 Ch. VI...... 8553 Proposed Rules: 668...... 6940 11 CFR 17 CFR Proposed Rules: Ch. VI...... 8806 100...... 7862 140...... 8194 36 CFR 230...... 6965 104...... 7862 26 CFR 7...... 6021 113...... 7862 Proposed Rules: Proposed Rules: 1...... 7925 1...... 8932 242...... 6466 12 CFR 240...... 7718 300...... 8298 1400...... 7506 3...... 7903 249...... 7718 Proposed Rules: 32...... 8526 270...... 7146 1 ...... 7487, 7488, 9309 37 CFR 201...... 9281 274...... 7146 53...... 7488 251...... 8196, 8198 208...... 8177 252...... 8196 18 CFR 28 CFR 225...... 8177 253...... 8196 325...... 8182 157...... 6657, 7821 0...... 8932 254...... 8196 330...... 7701 1310...... 8195 64...... 7446 255...... 8196 344...... 7111 Proposed Rules: 256...... 8196 1617...... 7660 803...... 7925 29 CFR 257...... 8196 Proposed Rules: 804...... 7925 825...... 6658 258...... 8196 Ch. XVII ...... 7468 805...... 7925 1910...... 7447 259...... 8196, 8198 35...... 7467 2619...... 8555 Proposed Rules: 19 CFR 208...... 6042 2676...... 8555 1...... 8609 225...... 6042 4...... 6966 3...... 8609 325...... 8582 Proposed Rules: 30 CFR 327...... 9266, 9270 134...... 6464 250...... 9298 38 CFR 348...... 7139 210...... 7723 914...... 6400 3...... 6660 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Reader Aids iii 4...... 7124 186...... 7511 46 CFR 45...... 7744 261...... 6054, 7513 52...... 6602, 7744 39 CFR 15...... 8308 271...... 7513 25...... 7131 20...... 7912 300 ...... 7934, 8212, 8616 160...... 7131 49 CFR 233...... 8305 302...... 7513 Proposed Rules: 173...... 7627 Proposed Rules: 435...... 9428 Ch. I ...... 6687 111...... 6047, 7154 192...... 7133 761...... 7742 381...... 6067 265...... 8610 571 ...... 6411, 7461, 8199, 8202 572...... 6482 3001...... 8211 41 CFR Proposed Rules: 214...... 8619 101±40...... 7129 47 CFR 40 CFR 225...... 9001 201±3...... 7715 51...... 7449 2...... 8309 653...... 7100 201±9...... 7715 52 ...... 6022, 6027, 6401, 7124, 24...... 8571 654...... 7100 201±18...... 7715 7453, 7713, 7715, 7913, 64...... 7131 201±20...... 7715 8306, 8563, 8565, 8566, 73...... 6670 201±21...... 7715 50 CFR 8943, 8948, 8949 97...... 7459 201±23...... 7715 63...... 7627 Proposed Rules: 17...... 6671, 6968 70...... 8772 201±39...... 7715 Ch. I...... 6482, 8994 227...... 8956 80...... 6030 0...... 8618 229...... 6036 81...... 7124, 7453 42 CFR 1...... 8618, 8995 611 ...... 7288, 8470, 8479 82...... 7386 100...... 7678 17...... 8618 625...... 8958 93...... 7449 410...... 8951 21...... 8618 642...... 7134, 7716 180 ...... 6032, 7456, 7457, 7458 Proposed Rules: 22...... 8618 651...... 6446 261...... 7366, 7824 52a...... 9560 23...... 8618 663...... 6039 270...... 6666 482...... 7514 25...... 8618 672 .....7136, 7288, 7917, 8470, 271...... 7824 63...... 8996 8478 300...... 8570, 8570 43 CFR 64...... 8217 675 ...... 6974, 8479, 8960 302...... 7824 73 ...... 6068, 6483, 6490, 6689, 676 ...... 6448, 7288, 8470, 8479 Proposed Rules: 8618, 9001 372...... 9299 11...... 7154, 7155 Proposed Rules: 74...... 8618 Ch. VI...... 7156 Proposed Rules: 2920...... 7877 78...... 8618 17 ...... 8342, 8620, 9484 Ch. I ...... 7931 8360...... 7743 51...... 7508 80...... 8618 100...... 6466 Public Land Orders: 52 ...... 6049, 6051, 6052, 6467, 87...... 8618 222...... 6977 7114...... 8571 6687, 7154, 7742, 7931, 90...... 8341, 8618 424...... 7744 7115...... 8956 7934, 8612, 8993, 8994 94...... 8618 611...... 8114 63...... 8333 95...... 8618 638...... 9320 44 CFR 70...... 8335 97...... 8618 646...... 8620 80...... 8341 64...... 6034, 6035 649...... 7936 48 CFR 82...... 7390 65...... 6403, 6404 650...... 7936, 8622 86...... 7404 67...... 6407 31...... 7133 651...... 7936 93...... 7508 206...... 7130 Proposed Rules: 652...... 6977 180 ...... 6052, 7509, 8612, 8615 Proposed Rules: 28...... 6602 675...... 8114 185...... 7511 67...... 6470 32...... 6602 676...... 8114